V 
 
 
THE VATICAN AND ST. JAMES'S. 
 
THE 
 
 VATICAN AND ST. JAMES'S; 
 
 <$nglanDr, jhitopentrent of 
 
 WITH INTRODUCTORY REMARKS ON SPIRITUAL AND 
 TEMPORAL POWER, 
 
 BY JAMES LORD, 
 
 OF THE INNER TEMPLE, ESQ., BABRISTEB-AT-LAW; 
 
 AUTHOR OF " THE LAW AFFECTING THE GRANT TO MAYNOOTH COLLEGE," " TH 
 
 THEORY AND PRACTICE OF CONVEYANCING," " THE MORTMAIN LAWS," 
 
 " EXCOMMUNICATION," ETC., ETC. 
 
 " Fuit, fuit ista quondam in har republic^ virtus, ut viri fortes acrioribus sup- 
 pliciis, civem perniciosum, quam acerbissimum hostem coercerent." Cicero in 
 Catalinam. 
 
 "I for one feel profoundly and increasingly anxious about this most serious 
 business. Deadly mischief is intended against us; and is being effected, too, 
 with an increasing audacity equally scandalous and alarming. 1 ' Extract from 
 a private note from Samuel Warren, Esq., F.R.S. 
 
 LONDON : 
 
 SEELEYS, FLEET STREET, AND 2, HANOVER STREET, 
 HANOVER SQUARE; 
 
 AND AT THE OFFICE OF THE PROTESTANT ASSOCIATION, 
 6, SERJEANTS'-INN, FLEET-STREET. 
 
 MDCCCLI. 
 
ALEXANDER MACINTOSH, 
 
 PRINTER, 
 GREAT NEW-STBEET, LONDON. 
 
 '77/7 
 
TO THE BRITISH NATION, 
 foiiohring 
 
 SHOWING 
 
 FROM LEGAL AND HISTORICAL EVIDENCE, 
 
 THAT THE BRITISH CROWN, CHURCH, CONSTITUTION, 
 
 AND PEOPLE, HAVE FROM ANCIENT TIME, 
 
 BEEN INDEPENDENT OF ROME, 
 
 AND THAT THE 
 
 RECENT PAPAL AGGRESSION IS ALIKE 
 VIOLATION OF THE PRINCIPLES OF THE CONSTITUTION J 
 
 OF THE COMMON LAW ; 
 AND OF THE STATUTE LAW OF THE REALM ! 
 
 IS DEDICATED BY 
 
 THE AUTHOR. 
 
PREFACE. 
 
 THE following work deserves the attentive perusal of 
 British subjects. I am not recommending a book 
 written by myself, or in which I have any interest, or 
 I should refrain from using such expression. The 
 chief portion of it consists of two deeply interesting, 
 and important cases, in which a constitutional, legal, 
 and historical review is taken of the aggressions of 
 Rome, whether in spiritual or temporal matters, and 
 of the mode in which such aggressions were met and 
 resisted by our ancestors, whether Roman Catholic or 
 Protestant. 
 
 If any should be inclined to repudiate the wisdom 
 of the past ; to reject the light which historic docu- 
 ments shed upon the dark and stealthy footprints of 
 Popery ; to contend that the enlightenment of the 
 present day is too great for Rome to endure; let 
 them bear in mind that though the essential nature 
 of Romanism is not changed, she has acquired far 
 better means of advancing her interests than she 
 possessed centuries ago. And amongst the peculiar 
 
Vlll PREFACE. 
 
 features of the times which seem to favour her aggres- 
 sions, this is not the least, that multitudes believe her 
 harmless, or powerless, or her nature changed. 
 
 But whatever opinions may be formed or held 
 respecting the relative bearing of the present and 
 former times, it will be admitted that our ancestors had 
 acquired, what we indeed seem disposed to learn from 
 bitter experience, a practical knowledge of the evils of 
 Popery ; and the best mode of repelling its aggressions. 
 
 They were men, the bulk of whom were not 
 overburdened perhaps with the refinements of learn- 
 ing or the jargon of the schools ; but who took 
 what in the present day would be called " a common 
 sense view of the question." They knew and felt 
 what Lord Chatham long afterwards expressed, that 
 every man's house, by the laws of England, was his 
 castle, that none dared to violate its sanctity; and 
 they knew that independence of any foreign power 
 was essential for the peace, the well-ordering of their 
 country. They knew and felt that to admit foreign 
 rule, to adopt it, instead of domestic legislation, in the 
 affairs of a nation or kingdom ; to acknowledge Rome 
 either as a source of governing-power, or as a court of 
 appeal, was to prepare the way for the destruction of 
 peace and unanimity, and therewith of national in- 
 dependence, glory, and prosperity ; for the disturbing 
 of titles and property, for the disquieting of the realm, 
 and casting all things, whether affecting those of the 
 
PREFACE. IX 
 
 Crown, the Church, or the people, upon the ocean of 
 doubt and uncertainty, amidst which, Rome indeed 
 might flourish, though this country might be in ruins ; 
 for the breaking up of the good old English institutions, 
 and for the introduction of tyranny ; and often, there- 
 fore, did the Earls and Barons, as in one remarkable 
 instance it is chronicled of them, with one voice ex- 
 claim, We will not change the laws of England, which 
 hitherto have been used and approved. Statute of 
 Merton, 20 Hen. 3, A.D. 1235.* 
 
 Such was the language used more than six 
 hundred years ago. Is the Crown to be supposed 
 more subservient to Rome now than then ? Are the 
 Earls, Barons, or the people less interested in or less 
 determined to uphold domestic peace and prosperity 
 with home-legislation, and Government, as opposed to 
 foreign aggression, than were their ancestors six 
 hundred years ago ? 
 
 * And see post Caudrey's Case, p. 20. 
 
TABLE OF CONTENTS.* 
 
 Page 
 Introductory Chapter . xiii 
 
 Caudrey's Case 1 
 
 Lalor's Case 69 
 
 Appendix A. Papal Bull, or Letters Apostolical . .119 
 B. Dr. Wiseman's Pastoral . . . .128 
 C. Lord John Russell's Letter to the Bishop 
 
 of Durham 133 
 
 " D. Address of the Westminster Clergy to the 
 
 Bishop of London . . . .135 
 
 " E. The Bishop's Reply . . . .137 
 
 " F. Resolutions and Petition of Protestant 
 
 Association . . . . . .141 
 
 G. Romish Encroachments : Act of 1 829, &c. 144 
 " H. The Statute of Prasmunire . . .155 
 " I. The Coronation Oath Act and the Declara- 
 tion against Transubstantiation . 158, 160 
 " J. Letters of Lord Beaumont and the Duke of 
 
 Norfolk 161 
 
 K. Papal Usurpation, Letter to the u Morn- 
 ing Herald," by James Lord, Esq. . 163 
 L. The Queen's Declarations in reply to Ad- 
 dresses ...... 169 
 
 M. The Bishops' Oaths to the Pope and the 
 
 King 171 
 
 * For easier reference to the subjects treated of, an Index is given at 
 the end of the work. 
 
INTRODUCTION. 
 
 THE title of the present work is suggestive of its sub- The contest 
 ject. One more deeply interesting and important 
 could hardly occupy the minds of the United Church 
 of England and Ireland and the people of the Bri- 
 tish Empire at this time. Two systems which have 
 been from time, " whereof the memory of man runneth 
 not to the contrary," opposed to each other, are brought 
 prominently before our notice. England is again 
 made the arena for those conflicts which for centuries 
 wore and wasted the spirits, crippled the energies, 
 and sacrificed the lives of our ancestors. 
 
 Is it to be supposed that either party will recede 
 from the contest till a fresh victory has been achieved 
 on the one hand, and a fresh defeat has been suffered 
 on the other ? No ! The contest is meant by Home to 
 be final, absolute, and complete. It may be so ; but 
 may prove Rome's overthrow, not ours. 
 
 England certainly has not invited the contest ; she 
 need not shrink from it. She dares not do so. Why, it. 
 indeed, should she ? Her divines and her statesmen 
 may, for their learning and attainments, be placed 
 
XIV INTRODUCTION. 
 
 certainly in a position not inferior to the divines or 
 statesmen of any Church or nation of the day, whe- 
 ther Protestant or Roman Catholic. 
 
 In art and science and manufactures, what has she 
 to suffer by a comparison with other nations ? In mili- 
 tary and in naval matters her reputation and glory 
 remain undiminished. 
 
 Statesmen Where shall we look to find anything which may 
 n naturally be considered as a set-off against all this ? 
 
 over Popery. ^ e mus ^ } 00 k to Rome : aspiring, with professions of 
 humility ; powerful, amidst apparent weakness ! The 
 points in which England has suffered disaster and 
 defeat are those wherein some of her ministers, lay 
 and clerical, have sought to obliterate her really dis- 
 tinctive excellence, to make an alliance in national or 
 in ecclesiastical matters with Rome, and in spite of 
 religious and constitutional prohibitions, of the experi- 
 ence of the past, and the testimony of history, to 
 invoke the aid of Rome in quelling the disturbances 
 which her own principles have stirred up ; in regulat- 
 ing disorders which Rome herself has created ; in 
 allaying agitation and animosities which she would 
 gladly see increased ; and in seeking Rome's co-opera- 
 tion in promoting the peace and prosperity of a 
 Church which she would see distracted and destroyed 
 a Church which she denounces as heretical, and a 
 nation which she regards as the one great barrier to 
 her intrigues and ambition. 
 
 Is it presumptuous to suppose that many of 
 our statesmen and divines have been in error 
 
INTRODUCTION. XV 
 
 when making concessions or approximations to 
 Rome, augmenting her power, or assimilating Pro- 
 testantism to its errors, superstitions, or peculiari- 
 ties ? Is it presumptuous to suppose that many who, 
 under an erroneous impression, have inflicted a wound 
 and injury upon their Church and nation, will with 
 frank manliness avow such error, repudiate such 
 policy or proceedings, seek to heal the wound they 
 have made, and repair the injury which they may 
 have inflicted? I think not. I am prepared, how- 
 ever, to find repeated what has already frequently met 
 my notice, that " we have heard enough of these mat- 
 ters, and are sick and tired of them." There may be 
 much truth in some portion of this ; but silence and 
 quiescence, though they may be more agreeable, are 
 not always so satisfactory, so safe, as energy and 
 activity, nor so fitted for a crisis such as the present. 
 
 But the question recurs, However disposed we are Terms of 
 for peace, is Rome disposed for peace ? If so, upon 
 what terms? Are they honourable terms? are they 
 consistent with the glory of our Church and nation ? 
 are they consistent with our liberties, with our safety, 
 and with our independence nay, are the terms such as 
 Rome would propose consistent with our existence ? 
 with, I do not mean our existence as individuals, 
 but with our existence as a Church and nation, pro- 
 testing against her errors in religion, her unwarrant- 
 able and dangerous assumptions in political, secular, 
 and national affairs ? We believe they are not. Abject 
 submission is what Rome requires. Till we render it, 
 
XVI INTRODUCTION. 
 
 there is no basis of equality on which to lay the 
 foundation of peace. 
 
 A right consideration of the real nature, objects, and 
 designs of Popery compels us to answer in the nega- 
 tive. Looking even to the long and carefully prepared 
 arrangements which have preceded this recent instance 
 of Papal encroachment, we perceive the groundwork 
 laid for the conversion of the entire nation, for the 
 gradual subjugation of England to the Romish See, 
 and a spirit manifested which shows the determinate 
 resolution of men willing to stake their all upon the 
 die, to conquer or to fall in their attempt at conquest. 
 " Equidem nihil loci est segnitiae neque socordise." 
 The "Tablet," of January 4, 1851, informs us 
 Prayers for That " in 1839 Cardinal Wiseman, then President 
 rion c of V En g - of the English College at Rome, drew up a form 
 land. O f p ra y ers f or the conversion of England to be used in 
 
 the College." 
 
 That form of prayer, bearing on the obverse of the 
 title page the impress of the " Catholic Institute of 
 Great Britain," together with another copy published 
 at Preston, I have long had in my possession, and at 
 p. 41 of the former edition is the following : " St. 
 Thomas of Canterbury, who, as a faithful shepherd, 
 didst lay down thy life in defence of thy flock, pray 
 for England." 
 
 In a publication of his own, Dr. Wiseman more 
 fully sets forth his veneration for the character, and 
 his desire to follow the example, of St. Thomas a 
 Becket, even " to the shedding of blood." " Eear 
 
INTRODUCTION. XV11 
 
 not," he says, in that publication,* " that the interests 
 of religion will be jeopardized in my hands, least 
 of all, where the cause of the Holy See is particularly 
 concerned. ' Would to God you could bear with 
 some of my folly ! but do bear with me ; for I am 
 jealous of you, with the jealousy of God.'f But 
 need I remind you, or others, of where or how I have 
 been nourished in the faith ; how from early youth, 
 I have grown up under the very shadow of the 
 apostolic chair ; how week after week, I have knelt 
 at the shrine of Peter, and there sworn him fealty ; 
 how I have served as good masters, successive Pontiffs 
 in their very households, and have been admitted 
 to confidence, and if I dare say it, friendship by 
 them ? And is it likely that I should be behind any 
 other, be he neophyte, or Catholic of ancient stock, in 
 defending the rights of my holy lord and master 
 under Christ ? or that I can require the summoning to 
 watch with jealous eye any attempts to infringe them." 
 The Doctor then thus proceeds in the same line, and 
 it is to these following remarks that I desire to invite 
 special attention, because therein appears the animus 
 which actuates the chief mover, or one of the chief 
 movers, in the transaction ; and we see something of 
 the spirit in which, whether aggressively or defen- 
 
 * " Words of Peace and Justice, addressed to the Catholic 
 Clergy and Laity of the London District, on the subject of 
 Diplomatic relations with the Holy See." By the Right Rev. 
 Nicholas Wiseman, D.D., Bishop of Melipotamus, Pro. V.A. 
 L.D. London : Dolman. 1848. 
 
 f 2 Cor. x. 1. 
 
 b 
 
XV111 INTRODUCTION. 
 
 sively, he is determined to push the claims and au- 
 thority of the Roman Church : 
 
 " The second altar at which I knelt in the Holy 
 City, was that which marks the spot whereon St. 
 Peter cemented the foundations of his unfailing 
 throne, with his blood. The first was that of our 
 Thomas a own glorious St. Thomas. There I returned thanks 
 Wiseman's' f r tne g reat blessing of being admitted among his 
 patron saint, children. For two-and-twenty years, I daily knelt 
 before the lively representation of his martyrdom ; at 
 that altar I partook ever of the bread of life ; there, 
 for the first time, I celebrated the Divine mysteries ; 
 at it I received the episcopal consecration. He was 
 my patron, he my father, he my model. Daily have 
 I prayed, and do pray to him, to give me his spirit of 
 fortitude to fight the battles of the Church, if neces- 
 sary unto the shedding of blood. And when with- 
 drawn from the symbols of his patronage, by the 
 supreme will of the late Pontiff, I sought the treasury 
 of his relics at Sens, and with fervent importunity 
 asked and obtained the mitre, which had crowned his 
 martyred head, and I took myself from the shrine of 
 the great confessor, defender of religious rights, St. 
 Edmund, a part of that right arm, which so often was 
 stretched forth to bless your forefathers." 
 
 Oh lamentable effects of superstition over a mind, 
 from which brighter and better things might have been 
 expected ! But who and what was this Thomas 
 a Becket, " saint and martyr ? " He had been in early 
 life the boon companion of King Henry the Second. 
 
- 
 
 INTRODUCTION. 
 
 ^^^^^ 
 
 And when the See of Canterbury became vacant, 
 King Henry, thinking that a complaisant, subservient 
 Chancellor would make a submissive, or at least a 
 quiet Archbishop, elevated the Chancellor to the 
 vacant See. 
 
 The tone and manner of the Archbishop soon 
 changed. He became as ascetic, as he had before 
 been self-indulgent; as authoritative and imperious 
 as he had before been subservient. He had played 
 the sycophant, he now sought to play the tyrant. He 
 did so for a time. He fell in the pursuit ; and was 
 held by Rome as a martyr and a saint. To advance 
 the interests of his Church, and the dignity of his 
 office, he set at nought his temporal sovereign, the 
 good of his country, the wishes of his countrymen, 
 and endangered the peace of society. 
 
 True, he evinced much self-denial if that can be 
 called self-denial which is the lopping off, or partial 
 pruning, of one branch that another may grow more 
 luxuriantly. 
 
 But here is another illustration of the danger of Theorists 
 men committing themselves to theories theories not 
 always sound and from the consequences of which, 
 even when they are perceived to be tending towards 
 evil, few comparatively have the power, or the manli- 
 ness, to make an escape. Thus many have found 
 themselves landed at a conclusion, and acting ulti- 
 mately for the attainment of objects which at one 
 time they would never have dreamt of even for a 
 moment. 
 
 b 2 
 
XX INTRODUCTION. 
 
 They who can thus laudate, as worthy of imitation, 
 " even to the shedding of blood," that which, on the 
 behalf of Becket, may be rightly termed rebellion and 
 treason (post, page 93), are dangerous subjects, and 
 subjects of a dangerous system ; yet many such 
 beyond doubt there are : reminding us of the 
 graphic and striking expression used in one 
 of the Church Services, by our ancestors, who 
 knew what many yet have to learn of the real 
 nature of Popery, that there were "such workers 
 of iniquity, as turned religion into rebellion, and 
 faith into faction." 
 
 Many would slur over the question, as one, after all, 
 more a matter of opinion, than of any practical conse- 
 quence or importance. 
 
 For years past, the British mind has been too 
 intently occupied about affairs of a different character 
 from those now forced by the Pope upon its notice, to 
 have given any deep attention to the question. 
 Act of 1829. In the year 1829, by what was termed the 
 Catholic Emancipation Act, the question was supposed 
 by many to be settled, and set at rest for ever. 
 From that time to the present, various other important 
 measures have, as it were, absorbed public attention, 
 and the Church of Rome has been suffered, almost 
 sub silentio, sometimes by stealth, sometimes with a 
 little opposition, sometimes with a great deal of 
 opposition, but still suffered, generally with success, 
 to make her way. Thus, sometimes Bills have been 
 brought in, and passed through Parliament, almost 
 
INTRODUCTION. Xxi 
 
 before the public have been aware of their existence ; 
 or have been forced through the Legislature to 
 serve party purposes against the better feelings of 
 many, and the protests o'f an outraged people. 
 
 Those who from memory can compare the proceed- 
 ings of the last ten or twenty, with those of the 
 preceding fifty or sixty years, or those, who from 
 the perusal of history and an attentive observation, 
 are qualified to judge, will bear testimony to the 
 great change which has taken place in the nature, 
 importance, and mode of transacting public business. 
 
 The present day is characterized by rapid and Rapidity of 
 extraordinary movements. During a peace of more ^& lslatlon ' 
 than thirty years, science has made gigantic marches, 
 and intellectual progress has gone on with a rapidity 
 heretofore unknown. The events of a century accu- 
 mulate in an hour. Legislation, be it for good or for 
 evil, partakes of the nature of the movement, and in 
 turn imparts its own weight and impetus to it. 
 
 Things are estimated, not according to what is 
 right, but according to what is expedient. A 
 majority, though wrong, seem fondly to imagine that 
 they have altered the nature of truth and error. 
 Measures and institutions, upon which the glory and 
 the safety of the empire depend which our ancestors 
 thought they had sealed with their blood for perpetual 
 duration, have been, even while we admired them, 
 fading from our sight ; attacked by the foe betrayed 
 by the pretended friend and undefended by ourselves. 
 
 There is far greater evil embodied in these re- 
 
XX11 INTRODUCTION. 
 
 cent Papal aggressions, than many might at first 
 chfef 118 miS " ima me> ^ ea( lly mischief is intended, and is being 
 inflicted. It looks like the resuscitation of a power, 
 which our ancestors could scarcely withstand; long 
 and anxious was their struggle to throw off the yoke 
 of Popery ; long and loudly did they protest ; and 
 though they succeeded at length, it was not without 
 many a painful sacrifice of property, personal liberty, 
 and life. 
 
 The monarchs of this country, almost from the 
 earliest days to the present time, have seen the 
 necessity for enacting provisions to check the usurping 
 spirit of the Court and Church of Rome. 
 
 A State to be perfect must be independent. Foreign 
 interference will sooner or later introduce divisions 
 between the sovereign and the people. To say nothing 
 of the history of other countries, that of our own is 
 full of instances in support of this assertion, de- 
 monstrating most clearly that an undivided allegiance 
 should be given to the sovereign of the country. 
 Henry I. In the reign of Henry L, there was a dispute as to 
 
 what by some might be esteemed a trifle, but which 
 grew to great importance, between that monarch and 
 Archbishop Anselm, as to the investiture of the 
 bishops. The King called a Parliament, or great 
 council; the lords and bishops joined the King; 
 Anselm consented to refer the affair to the Parliament 
 at the following Easter, thereby confessing the power 
 of the Sovereign in Council, for such was the Senate 
 of that day. 
 
INTRODUCTION. XX111 
 
 Here the matter in dispute appeared settled by 
 the domestic Government ; but during Anselm's stay 
 at Rome, it was decreed that all ecclesiastics who 
 should in future receive the investiture of their bene- 
 fices from a layman, should be excommunicated ! ! 
 Nor was this a mere brutum fulmen. Anselm felt he 
 owed prior obedience to his spiritual, than to his 
 temporal head, to his Pope than to his Prince ; conse- 
 quently, in obedience to the Pope's decree, he refused 
 to do homage to the King, or to consecrate the 
 bishops whom the King had appointed. On appeal- 
 ing to the Pope, the conduct of Anselm was justified. 
 The King, however, was resolved to preserve a privi- 
 lege received by him from his predecessors. He 
 therefore commanded the Archbishop, as a subject of 
 the realm, to obey his Sovereign. Anselm refused to 
 violate his conscience, pleading that he could not dis- 
 obey the Pope and the Synod in which he had 
 himself voted. This reply drew forth from the 
 British monarch the following indignant and spirited 
 rejoinder : * 
 
 " What is this to me ? " said the King ; "is the 
 Synod of Rome to deprive me of the privileges of my 
 predecessors? I will never suffer any person who 
 refuses me the securities of a subject, to enjoy estates 
 in my dominions." 
 
 Rome, which could lose nothing, at length gained Rome not 
 
 T . P , . n T mi much to lose, 
 
 the cruel object of dispute by a compromise. The an d has a 
 King was to renounce the right of investiture, and 
 * Townsend's Accusations of History, p. 83. Lond. 1845. 
 
XXIV INTRODUCTION. 
 
 the bishops were permitted by the Pope to do homage 
 for their temporaries. 
 
 King John. What took place subsequently, in the reign of King 
 John, is well known, and the foregoing instance is 
 one of many, showing the continued collision and 
 struggles between the Papal Court and the sovereigns 
 of this country, which, whether they be referrible to 
 the temporal or spiritual power of the Pope, have pro- 
 duced very disastrous consequences, and may do again. 
 
 TheReforma- ^ u ^ a ^ the Reformation the power of Popery was 
 broken. King Henry VIII. , who seems to have had 
 little or no real attachment either to the Reformed 
 or the Romish Church, but to have used each as best 
 suited his own purposes, was a sturdy monarch and 
 instrumental in liberating this country from the 
 debasing yoke of servitude which Rome imposes where 
 she can. He saw the magnitude of the mischiefs 
 caused by foreign interference, and on discovering the 
 oath taken by the Bishops to the Pope, exclaimed to 
 his Council : " Well-beloved subjects, we thought that 
 the clergie of our realm had been our subjects wholly, 
 but now we have well perceived that they be but half 
 our subjects ; yea, and scarce our subjects, for all the 
 prelates at their consecration make an oath to the 
 Pope clean contrarie to the oath that they make to us, 
 so that they seem to be his subjects, and not ours." * 
 At the critical period of the Reformation some laws 
 
 * Hall's Chron. 205. 4to. Ed. 1550. In that of 1809 the 
 page is 788, and see Appendix M., where the oath is given, and 
 more of the King's speech, and the effect of the Commons' in- 
 terference. 
 
INTRODUCTION. XXV 
 
 of a protective kind were more essential, in order to 
 prevent intestine broils, to secure the safety of the 
 throne and the tranquillity of the people. Indeed, on 
 looking to the dates of the several Acts of Parliament 
 passed in the reign of Elizabeth, and inquiring into 
 the contemporary history of the time, it will be found 
 that most, or all, were passed, either in consequence of 
 the danger of the State from some hostile proceeding 
 on the part of foreign powers, or from some discovery of 
 treason on the part of her own subjects. It is vain to 
 say the power of Rome is only spiritual. It interferes 
 in temporal matters ; and the Act of Supremacy, in 
 the first part of her reign, was essential to the inde- 
 pendence of the kingdom. It was then thought, as 
 we deem it to be also now, a point of paramount im- 
 portance, that the Queen should " have, under God, 
 the sovereignty and rule over all manner of persons 
 born within these her realms and dominions, so as no 
 other power shall, or ought to have, any superiority 
 over them." 
 
 The supremacy did not confer on the Queen the Supremacy of 
 power of administering the sacraments or performing 
 any sacerdotal office, it was confined to that right of 
 administering justice which was ever considered due 
 to the head of a nation. What could be more reason- 
 able than this natural claim, which belongs to every 
 sovereign to whom, in the providence of God, have 
 been committed the peace and happiness of a people ? 
 All persons in public employments were obliged to 
 swear in this political sense only, that they acknow- 
 ledged the Queen to be the supreme governor in all 
 
XXVI INTRODUCTION. 
 
 causes, as well ecclesiastical as temporal ; that they 
 renounced all foreign jurisdiction, and would bear the 
 true allegiance to the Queen. Those who refused to 
 take it were justly suspected of preferring allegiance to 
 the Pope to the dominion of their temporal sovereign. 
 The good of her people, her own love of power, the 
 lessons of experience, all united to convince her that 
 the sovereignty of her State depended on the exclusion 
 of all foreign authority. 
 
 Supremacy This sovereignty, therefore, she wisely determined 
 foreign power to secure : she transferred the supremacy of a foreign 
 dangerous. p ont yf to the legitimate magistrate. 
 
 In considering this question, one point of distinc- 
 tion should not be lost sight of. It is contended that 
 those who oppose the supremacy of the Pope, ought 
 to oppose the spiritual supremacy, claimed alike by 
 the Established and the Free Church in Scotland. 
 But the supremacy claimed by ecclesiastical persons 
 in Scotland is very distinct in its nature, tendency, 
 and effect from that claimed by the Church of Rome. 
 The same evils can never be occasioned by it. It can 
 never rise to the same plenitude of power in extent 
 and intensity as that of the Roman Pontiff. 
 
 It is to be considered, too, that the ecclesiastical 
 power or supremacy, whether claimed by the Free 
 Church or other bodies in that country, not being 
 Roman Catholic, would still be exercised by men who 
 are bound by the dearest ties to their country, and 
 are pledged to advance its interests. And even, in 
 our own country should there be a supreme spiritual 
 power, as distinct from a supreme temporal power, we 
 
INTRODUCTION. XXVll 
 
 should still have a domestic temporal head, a domestic 
 spiritual head, and a domestic Legislature. 
 
 Still might we say, notwithstanding some division 
 and differences amongst ourselves, we are united 
 against foreign aggression and foreign interference of 
 every kind ; still might we say, that no foreign prince, 
 prelate, state, or potentate, hath, or ought to have, any 
 jurisdiction within this realm of England. 
 
 And with an Article of our Church, " The Bishop Article of 
 of Rome hath no jurisdiction in this realm of Eng- England! 
 land/'* nor would any foreigner be suffered to inter- 
 fere. 
 
 It is perfectly true, that those exercising spiritual 
 power by virtue of their spiritual supremacy might not 
 always exercise it with the greatest wisdom and dis- 
 cretion ; for in human affairs there is no infallibility, 
 and consequently, no perfection. Whatever individual 
 or body may arrogate to himself, or receive as tribute 
 from others, that attribute of DEITY, we know that 
 such assumption is not warranted by Scripture, but 
 rather repugnant to the Word of God. 
 
 Unpleasant collisions might, therefore, frequently 
 arise from the very impossibility of defining the pre- 
 cise boundary line between temporal and spiritual 
 matters. 
 
 The most expert casuist cannot do this. As it is Where does 
 
 the division 
 
 difficult, if not impossible, to mark the point where between spi- 
 light and darkness commence or to define the exact temporal 
 line and shade where black and white, or differing begm? 
 * See Article XXXVII. 
 
XXV111 INTRODUCTION. 
 
 colours, merge into one another, though so different in 
 their extremes, so is it impossible to mark with dis- 
 tinct accuracy what is spiritual and what is temporal, 
 and so to apportion all the actions of a man's life or 
 the affairs of a nation between the temporal and spi- 
 ritual power exercised by separate tribunals, as that 
 the one shall never interfere with the other. 
 
 Still the party exercising it would be influenced by no 
 motives of promoting the interests of a foreign power. 
 With Popery, however, it is far otherwise. The su- 
 premacy ecclesiastical, is not domestic. It is foreign. It 
 is not always friendly. It is frequently hostile. Hostile 
 from a desire to promote its own interests or the inte- 
 rests of some other state of Europe ; which either by 
 intrigue or superior force may sway the counsels and 
 decisions of the Vatican. Thus in the time of Buo- 
 naparte, the Pope was a prisoner. In the course of 
 events, the Pope may be a prisoner again, or so far 
 under the control of some great temporal ruler as to 
 be compelled to exert his spiritual influence to advance 
 the objects of such ruler, and to inflict deep injuries 
 upon Great Britain. Be that, however, as it may, the 
 power is professedly lodged in the hands of the Pope, 
 in his Court, or the conclave of cardinals, who fre- 
 quently have been known to exercise their power to 
 upturn the very foundations of society. 
 Popery Popery creates an imperium in imperio, and herein 
 
 in * s one & reat ev ^ ^ ^" ^ ^ ves to a potentate out of 
 the state, and uncontrolled by it, a power over the 
 state and the subjects of it, a power the stronger as 
 
INTRODUCTION. 
 
 it is riveted on its victims with all the sanctions of 
 a false religion. 
 
 Much stress is sometimes laid upon the temporal 
 power of the Pope a power which he exercises in 
 some of the Italian States ; which he has assumed 
 also over the territories of princes, which many Romish 
 writers ascribe to him, and which has never been re- 
 nounced by sufficient authority. 
 
 I confess, however, that I am not so anxious as to 
 his direct temporal power, as I am as to his spiritual 
 power exercised over temporal matters. If any foreign 
 temporal prince should wage war with us ; should 
 lay claim to the throne of these dominions, or inter- 
 fere with our domestic policy and arrangements, we 
 could, relying on the God of battles, bid him bold de- 
 fiance. Our armies would again go forth victorious 
 by land, and our fleets triumphant on the deep. 
 
 It is the spiritual tyrant, whom most we dread, The spiritual 
 against whose aggressions it is most difficult to guard. Popery. 
 A tyrant whom no walls can keep out, against 
 whom no armaments can protect. Whose silent, 
 secret influence prostrates the will of its submissive 
 victims before it, sows division within the camp, 
 and gains victory almost before its approach is known. 
 It eludes the grasp of power. Armies and navies in 
 vain oppose it. It overleaps the loftiest battlements. 
 It penetrates the most secret recesses, it presents 
 itself at the Council table, and in the Cabinets of 
 princes. Attacking everything, yet itself eluding the 
 grasp of all, it seems to resemble the lot of the 
 
XXX INTRODUCTION. 
 
 wandering Arab, whose hand is against every man, 
 and every man's hand against him. One armour 
 there is which can withstand it ; it is the helmet of 
 salvation and the shield of faith. One weapon there 
 is which alone can hew it down ; it is the sword of 
 the Spirit, which is the Word of God. 
 Popery: not But people oftentimes scoff at all apprehensions 
 
 the Sio fr m tne returning power of Popery ; with seeming 
 
 be dreaded, satisfaction to themselves they point to the advanced age, 
 and personal debility of the Roman pontiff, and ask if 
 that infirm old man is he whose power we dread? 
 Those, however, who thus argue, seem to be forgetful 
 of the real source and nature of power. Power rests 
 upon opinion. It is as great an error to measure the 
 power of Popery by the power of the individual Pope, 
 as it would be to measure the power of a nation 
 by the personal strength of the individual sovereign 
 who reigns over it. What makes the power of any 
 European sovereign to be dreaded? The power of 
 the nation, or people, of which the sovereign is the 
 ruler. But there is no sovereign who has a more 
 extended empire, a more numerous people, a more 
 powerful and better-disciplined army than the Pope. 
 Therefore his power is great, and great care should 
 be taken not to crouch before it, but to guard against 
 it. He views the world as his empire, kings and 
 queens as his subjects, all people as his soldiers. 
 Priests, deans, bishops, archbishops, cardinals, monks, 
 friars, nuns, and holy sisters, with the Jesuits, are the 
 officers of his army ; the general of each order being 
 
INTRODUCTION. XXXI 
 
 at Rome, where the seventy cardinals meet in conclave, 
 and the confessional the conducting wires, by 
 which, as with the rapidity of an electric shock, 
 information is simultaneously conveyed and reconveyed 
 to and from every part of the world. 
 
 What is power? What is supremacy? Where Power and 
 does it nominally, where does it really reside ? Upon 01 
 what does it rest ? And how far is it in its nature 
 permanent, or changing with the varying opinions of 
 the day ? 
 
 These are questions easily asked, but not so easily 
 solved. People explain one term by another, and 
 think they have made it intelligible. Power in its 
 ordinary sense is well understood ; the power of brute 
 force, physical, mechanical power, the power of 
 armies and navies. There is also the power of opinion, 
 the power of religion, the power of conscience, dark or 
 enlightened, rigidly or wrongly directed. 
 
 If statesmen and theologians will proceed to legislate 
 irrespective of these, or give them an inferior place, 
 when making their estimate of power, if they will in- 
 clude nothing but visible brute force, they will leave 
 out of their calculation many of the more powerful 
 and efficient engines, whether of good or evil. 
 
 There is a power which is not always seen, but 
 which is not therefore the less influential. 
 
 " All power whether of kings or priests, of states or 
 churches, is founded upon opinion only. Neither 
 knowledge, nor justice, nor law, nor experience, nor 
 reason, nor the sword itself, can permanently sustain 
 
XXX11 INTRODUCTION. 
 
 an empire. The opinions of the people, whether right 
 or wrong, give efficacy to the thunders of the Vatican, 
 or the decisions of common sense. If the advocates 
 of the Church of Rome now continue to defend the 
 errors of the dark ages, and to convert their thousands 
 and millions at their pleasure, the thrones of PRINCES 
 will be again at the disposal of the PONTIFFS, when- 
 ever a race of active ruling priests shall once more 
 court the powerful or terrify the weak." * 
 
 Religious This it is opinion, religious opinion, which has led 
 
 power^'nd 8 contending armies to the battle-field, has bowed the 
 necks of the proudest monarchs, and made nations 
 and people submissive to the Church of Rome. Her 
 power, call it by what name we will, cannot be confined 
 to spiritual matters. It guides, and overrules the 
 conscience. Supremacy over the conscience, is su- 
 premacy over the man. The power of the priesthood, 
 as pointed out by the Earl of Roden, whose expe- 
 rience of the practical workings of Popery, and whose 
 long residence in Ireland and devoted attachment to 
 the Protestant cause demand for his opinions the 
 highest respect, " cannot be confined to spiritual, it 
 will be extended to temporal things. The effect must 
 be obvious. The laws of the land will be superseded 
 by the laws of the Court of Rome ; the authority of 
 the Government and of the Queen, by that of the 
 Pope and his ' Apostolical Vicars ; ' and by degrees 
 the Roman Catholics will be led to feel that their allegi- 
 ance is more due to a foreign power than to that 
 * " Accusations of History," page 88. London. 1845. 
 
INTRODUCTION. XXxiii 
 
 whose natural subjects they are. The alchemy of 
 Rome can at all times transmute temporal things into 
 spiritual, and vice versa, and it will be impossible to 
 place limits between the civil and ecclesiastical, 
 between spiritual and temporal jurisdiction. In 
 attempting to do so we shall find, when perhaps too 
 late, that we have renewed, with a folly reckless of 
 past experience, the contest which for centuries wasted 
 the lives of our ancestors, and flung away with criminal 
 prodigality the hard-earned yet cheaply-purchased 
 victories, which they achieved over the pretensions of 
 the Court of Rome." * 
 
 The Church of Rome has a means of acquiring The confes- 
 information, and a mode of enforcing obedience to her communica- X 
 mandates, which no other system possesses. I refer tlon * 
 to the confessional, and to excommunication. The 
 former as the means of acquiring information, the latter 
 an ecclesiastical sentence and punishment, which 
 many regard as worse than civil or temporal death, 
 and is a most powerful engine in her hands for 
 enforcing obedience to her unjust decrees. Philo- 
 sophers may deride it, but so long as people under 
 the influence of a false religion have been taught to 
 quail before it, some control ought to be exercised 
 over the use of this formidable weapon. 
 
 From the Report of the Select Committee on regula- 
 tion of Roman Catholic subjects in foreign states, we 
 find that in Austria, no subjects of the empire could 
 
 * " Observations on Lord Alvanley's Pamphlet on the State 
 of Ireland," &c. By the Earl of Roden. 1842. Pp. 27 and 28. 
 
 c 
 

 XXXIV INTRODUCTION. 
 
 be excommunicated, without the Emperor's consent. 
 Why should not the same regulation exist in Ireland, 
 and throughout the whole of the dominions of Great 
 . Britain ? 
 
 Though excommunication is an act of spiritual 
 power, temporal consequences flow from it. 
 
 The priest or bishop who can excommunicate a 
 voter, who will not support a candidate in favour of 
 the Church of Rome, has a control over that man's 
 vote, and thus influences the return of Members of 
 Parliament. Hence, we may have in St. Stephen's, 
 those who have been elected, not by the free votes of 
 independent electors, but on the nomination of Roman 
 Catholic priests. 
 
 The influence of the priests at elections can scarcely 
 be overrated. The organization of the Irish popula- 
 tion is so simple and so complete, merely consisting 
 in the blind and uninquiring obedience of the populace 
 to their priests, that Dr. M'Hale was, perhaps, not far 
 wrong, when he affirmed that "he would return a 
 cow-boy for the important county of Gal way." 
 
 There is at this time a strong feeling amongst 
 Roman Catholics themselves, as to the evils effected 
 by Papal interference. 
 
 If ever, therefore, there was a time, it is now, that 
 England expects every man to do his duty.f 
 
 Two passages from amongst many others in 
 
 *" Church of England Quarterly Review," July, 1839, p. 53. 
 f A portion of these remarks appeared in 1846 ; the feeling 
 is stronger now 1851. 
 
INTRODUCTION. XXXV 
 
 Caudrey's Case deserve here to be specially noticed. Caudrey' 
 Sir Edward Coke tells us that,- 
 
 " From the first until the eleventh year of the late 
 Queen Elizabeth's reign, no person of what persuasion 
 of Christian religion soever, at any time refused to 
 come to the public Divine service celebrated in the 
 Church of England, being evidently grounded upon 
 the sacred and infallible word of Almighty God, and 
 established by public authority within this realm ; but 
 after the Bull of Pius Quintus was published against 
 her Majesty in the eleventh year of her reign, contain- 
 ing amongst other things too long to be repeated for 
 this purpose, in these words : ' Pius, Bishop, and 
 servant of God's servants, &c. She (Queen Eliz.) 
 hath clean put away the sacrifice of the mass, prayers, 
 fastings, &c., &c., &c.' 
 
 "After this Bull all they that depended on the 
 Pope obeyed this Bull, disobeyed their gracious and 
 natural Sovereign, and upon this occasion refused to 
 come to the Church." Page 57. 
 
 Another passage is one setting forth the real 
 grounds on which proceedings were had against Jesuits 
 (p. 64) :- 
 
 " By this, and by all the records of the indictments 
 it appeareth, that these Jesuits and priests are not 
 condemned and executed for their priesthood and 
 profession, but for their treasonable and damnable 
 persuasions and practices against the crowns and 
 dignities of monarchs and absolute princes, who hold 
 their kingdoms and dominions by lawful succession, 
 
 c 2 
 
XXXVI INTRODUCTION. 
 
 and by inherent birthright and descent of inheritance 
 (according to the fundamental laws of this realm) 
 immediately of Almighty God, and are not tenants of 
 their kingdoms (as they would have it) at the will and 
 pleasure of any foreign potentate whatsoever." * 
 What is to be But what can now be done? What can be 
 
 done? 
 
 done ? Is Great Britain yet so crippled by legislative 
 concessions or by ministerial acts, that she is left 
 powerless in the matter? Have the intrigues of 
 official men intrusted for a time with the institutions 
 of their country upon their honour, if not upon their 
 oath, not to betray them brought matters to such a 
 pass as this? Is England yet so crippled that she 
 cannot do what for centuries past she has done, or 
 might and could have done ? 
 
 Can she not, as a Protestant nation, for her protec- 
 tion against Papal aggression, do what Roman Catho- 
 lic nations have done to secure the independence of 
 their own Church and country against the intrigues of 
 the Vatican in almost every nation of Europe ? 
 
 Can she not do what in the Papal kingdom of Sar- 
 dinia has recently been done with one or two Papal 
 Archbishops, who sought to overawe the Government, 
 to defy or to evade the laws, and to assume a power 
 superior to that of the temporal ruler ? 
 Ireland. Ireland, it is said, and England, form no parallel 
 
 * See Watson's " Important Considerations, or a Vindication 
 of Queen Elizabeth from the Charge of Unjust Severity towards 
 her Roman Catholic Subjects, by Roman Catholics themselves." 
 Printed in 1601. Edited by the Rev. Joseph Mendham. Lon- 
 don, 1831. 
 
INTRODUCTION. XXXV11 
 
 cases in their position and circumstances, and, there- 
 fore, are to form no parallel cases for legislation. 
 This, however, if true, instead of removing, would 
 but increase the difficulty 
 
 " Point out the fault, but not the way to mend." 
 
 Lalor's Case, given hereafter, shows that the an- Lalor's Case. 
 cient statute law of the realm was held to apply to 
 those who had received from the Bishop of Rome 
 office, promotion, and jurisdiction of a spiritual cha- 
 racter in Ireland, which the Pope, on the one hand, 
 had no right to confer, nor the priest, on the other, 
 any right to receive or exercise. 
 
 I do not quote the case of Lalor, as one precisely 
 similar to that of the new Papal Archbishoprick, &c., 
 though there are very many points of similitude 
 between them. 
 
 The first few pages of Lalor's Case show this : 
 
 Like Lalor, Dr. Wiseman has been for many years 
 past of no mean credit and authority. 
 
 Like Lalor, Dr. Wiseman has " also made his name 
 known in the Court of Rome." 
 
 Like Lalor, he has held intelligence with persons 
 high in authority there ; and like Lalor, for his 
 devotedness to the " Holy See," he has obtained 
 " title &\\& jurisdiction" though carved by the Pope out 
 of the prerogatives of the Crown and the temporal 
 dominions of Great Britain. 
 
 Lalor obtained " the title and jurisdiction of Vicar- 
 General of the See Apostolic, within the Arch- 
 bishoprick of Dublin, and the Bishopricks of Kildare 
 
XXXV111 INTRODUCTION. 
 
 and Ferns." This pretended jurisdiction lie exercised 
 for many years. 
 
 Like Lalor, Dr. Wiseman is promoted, and made, 
 not a Vicar- General, but a Cardinal and an Arch- 
 bishop, with a pretended jurisdiction extending over the 
 newly-constituted Roman Catholic province of England, 
 now happily restored to " its orbit in the ecclesiastical 
 firmament." Here, we expect, the likeness ceases. 
 
 Lalor, in his defence, said, that he had been no 
 suitor for the office of Vicar- General. Can Dr. 
 Wiseman, or his advocates, with truth, say as much ? 
 This appears doubtful, if any weight is to be attached 
 to certain rumours, if not to letters which have ap- 
 peared in the public prints. 
 
 In the next item, the parallel in the particular in- 
 stance fails entirely. We cannot say of " Wiseman " 
 as it was and is said of Lalor. 
 
 Lalor was first indicted and convicted under an 
 
 Irish stat., 2 Eliz. Subsequently, an indictment was 
 
 framed against him in the King's Bench, upon the stat. 
 
 of 16 Rich. 2, cap. 5, containing these several points : 
 
 The indict- 1. That he had received a Bull or Brief, purchased 
 
 "nderthes^ or procured in the Court of Rome, which Bull or Brief 
 
 3Rlch - 2> did touch or concern the King's crown and dignity 
 
 royal, containing a commission of authority from the 
 
 Pope of Rome unto Richard Brady, and David 
 
 Magragh to constitute a Vicar- General for the See of 
 
 Rome, by the name of the See Apostolic, in the several 
 
 dioceses of Dublin, Kildare, and Ferns, within this 
 
 kingdom of Ireland. 
 
INTRODUCTION. XXxlx 
 
 2. That by pretext or colour of that Bull or Brief, 
 he was constituted Vicar- General of the See of Rome, 
 and took upon him the style and title of Vicar- General 
 in the said several dioceses. 
 
 3. That he did exercise ecclesiastical jurisdiction as 
 Vicar- General 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 indictment Lalor pleaded, not guilty ; and 
 when the issue was to be tried, the name and reputa- 
 tion of the man, and the nature of the cause, drew all 
 the principal gentlemen both of the pale and pro- 
 vinces, that were in town, to the hearing of the 
 matter. At which time, a substantial jury of the 
 city of Dublin being sworn for the trial, and the 
 points of the indictment 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 satisfy the hearers in two 
 points. 
 
 " 1. What reason moved us to ground this indict- 
 ment upon the old statute of 16 Rich. 2, rather than 
 
xl INTRODUCTION. 
 
 upon some other later law made since the time of 
 King Henry 8. 
 
 "2. What were the true causes of the making of 
 this law of 16 Rich., and other formal 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 only 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 latter law, to the end 
 that such as were ignorant might be informed, that 
 long before King Henry 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 severe as any statutes which have been 
 made in later times ; and that therefore we made 
 choice to proceed upon a law made more than 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. 
 
 The true "2. Eor the second point, the causes that moved, 
 
 ing 8 the f stet k ~ an ^ a l most enforced the English nation to make this, 
 
 16 , Ri< *- a - and other statutes of the same nature, were of the 
 
 and other sta- 
 
 tutes against greatest importance that could possibly arise in any 
 state. Tor these laws were made to uphold and 
 maintain the sovereignty of the King, the liberty of 
 
INTRODUCTION. xli 
 
 the people, the common law, and the commonweal, 
 which otherwise had been undermined and utterly 
 ruined by the usurpation of the Bishop of Rome." 
 The Attorney- General thus proceeds : 
 " 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 Henry 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 These laws 
 good Catholics or good subjects ? or what were they ? a s did profess 
 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 undutiful, 
 for they strove to uphold their liege Lord's sove- 
 reignty. Doubtless the people in those days did 
 generally embrace the vulgar errors 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 supremacy, and transcen- 
 dant authority over Kings ; they did not believe he 
 had power to depose princes, and discharge subjects 
 of their allegiance, to abrogate the fundamental laws 
 of kingdoms, 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, how- 
 
Xlii INTRODUCTION. 
 
 soever in other points they did err and were misled 
 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 yourself wiser than 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." 
 Statute Law. We come to the statute law ; and here I have no 
 doubt that amidst all the bitter disappointments which 
 he has experienced since wearing his cardinalitial hat, 
 Dr. Wiseman has often laughed heartily at our ex- 
 pense, and chuckled at the way in which " honest 
 John Bull " has been " gulled," and suffered himself 
 to be led by the nose, and every statute either to be 
 repealed or deprived of those portions which could 
 make it very effective against acts of Papal usurp- 
 ation. 
 
 Well, we would not have had it so. But we may 
 pluck safety from disappointment. 
 
 The common law remains ; some statutory provi- 
 sions still remain ; and there still remains the spirit 
 of the British nation, which will not suffer itself to be 
 cajoled out of its liberties, independence, and religion 
 by those who have said one thing, but meant another, 
 and uttered promises never to be performed. 
 
 I had gone far in preparing for publication a work 
 on the Statute Law of England, from Magna Charta 
 
INTRODUCTION. xliii 
 
 to the present time, on the subject of Papal interfer- 
 ence with British rights and liberties, whether in mat- 
 ters civil or ecclesiastical. In that work it would have 
 been my object to show that even in Romish times 
 our ancestors protested against the tyranny of Papal 
 usurpation ; and why ; -and what portions of such 
 laws are applicable to the present day. Some portions 
 of it have already appeared in the columns of the 
 " Morning Herald." 
 
 To search out those acts which bear upon the ques- 
 tion is a work of time and labour; while, to decide 
 what are in force, and what portions, if any, have 
 been repealed, is a work of yet greater magnitude ; 
 too great, indeed, to come within the compass of an 
 introductory chapter. One of these letters is given 
 post, Appendix K., p. 163. 
 
 It need not be a matter of wonder that Lord John 
 Russell required on behalf of his Government time to 
 have the law looked into, and that in his celebrated 
 letter he should thus express himself : 
 
 " Upon this subject, then, I will only say that the 
 present state of the law shall be carefully examined, 
 and the propriety of adopting any proceedings with 
 reference to the recent assumption of power deliber- 
 ately considered." 
 
 There has been such a tampering with constitu- 
 tional enactments and provisions ; such a nibbling at 
 these various statutes, session after session, by 
 piecemeal legislation, that the cords which were 
 meant to restrain Popery are well nigh gnawed 
 
INTRODUCTION. 
 
 asunder, and the Bulls of the Pope let loose to work 
 all the mischief which the great enemy of our Church 
 and country could require. 
 
 Perhaps I may be permitted to observe, that few 
 are fully aware of the uncertainty in which some of 
 our ancient Acts are involved, still less of the fact, that 
 some of those framed in the earlier part of our history 
 against heretics, were not real but supposed statutes 
 passed, or supposed to be, by the intrigues and 
 power of the Roman Catholic hierarchy of the day, 
 sanctioned indeed by the Sovereign, whom they could 
 in some cases control ; and by the Peers, but without 
 the consent of the Commons, and that they were 
 subsequently disaffirmed by the Commons.* Sir 
 Edward Coke, speaking in his time, says : "In 
 perusing over the rolls of Parliament, we find divers 
 Acts of Parliament in print, that are not of record in 
 the rolls of Parliament. Secondly, many Acts of 
 Parliament that be in the rolls of Parliament, and 
 never yet printed. Thirdly, divers clauses omitted in 
 the print, which are in the Parliament roll. Fourthly, 
 more in the print than in the record. Fifthly, many 
 variances between the print and the roll. Sixthly, 
 statutes repealed or disaffirmed, and yet printed, &c. 
 Seventhly, whole Parliaments omitted out of the 
 print. Eighthly, whole Parliaments repealed, or a 
 great part." 
 
 Instances of each are given, and as to the sixth, 
 
 * To some of these Bishop Burgess refers at the end of his 
 " Protestant's Catechism," p. 66. 
 
the Com- 
 mons. 
 
 INTRODUCTION. xlv 
 
 Sir Edward Coke proceeds thus: " The sixth, statutes 
 pretended to be enacted, and after disaffirmed, and 
 yet printed, 5 R. II. cap. 5, stat. 2, touching inquiries 
 of heresies, anno 6 R. II. nu. 52, disaffirmed by the 
 Commons, for that they protested it was never their 
 meaning to be justified, and to binde themselves and 
 their successors to the prelates no more than their 
 ancestors had done before them. Robert Braibroke, 
 Bishop of London, was then Lord Chancellor." 
 
 Other instances are given. And in another* place Supposed sta- 
 he thus writes : " There was a statute supposed to be affirmed by 
 made in 5 R. II., that Commissions should be by 
 the Lord Chancellor made, and directed to sherifs and 
 others, to arrest such as should be certified into the 
 Chancery by the bishops and prelates, masters of 
 divinity, to be preachers of heresies and notorious 
 errors, their fautors, maintainers and abettors, and to 
 hold them in strong prison, until they will justifie 
 themselves to the law of holy Church. By color of 
 this supposed act, certaine persons that held that 
 images were not to be worshipped, &c., were holden 
 in strong prison, until they (to redeem their vexation) 
 miserably yeelded before these masters of divinity to 
 take an oath, and did swear to worship images, which 
 was against the morall and eternall law of Almighty 
 God. We have said (by color of the said supposed 
 statute, &c.), not only in respect of the said opinion, 
 but in respect also, that the said supposed act, was in 
 * Coke, Fourth Institute, page 51. 
 
xlvi INTRODUCTION. 
 
 truth never any Act of Parliament, though it was 
 entred in the rolls of the Parliament, for that the 
 Commons never gave their consent thereunto. And 
 therefore in the next Parliament, the Commons pre- 
 ferred a Bill reciting the said supposed Act, and 
 constantly affirmed, that they never assented there- 
 unto, and therefore desired that the said supposed 
 statute might be aniented, and declared to be 
 void : for they protested, that it was never their in- 
 tent to be justified, and to bind themselves and their 
 successors to the prelates, more than their ancestor 
 had done in times past : and hereunto the King gave 
 his royall assent in these words, * Y pleist au roy? 
 And mark well the manner of the penning the Act : 
 for seeing the Commons did not assent thereunto, the 
 words of the Act be, It is ordained and assented in 
 this present Parliament, that, &c. And so it was, 
 being but by the King and the Lords. 
 
 " It is to be known, that of ancient time, when any 
 Acts of Parliament were made, to the end the same 
 might be published, and understood, especially before 
 the use of printing came into England, the Acts of 
 Parliament were ingrossed into parchment, and 
 bundled up together with a writ in the King's name, 
 under the great seal to the sheriff of every county, 
 sometime in Latin, and sometime in French, to com- 
 mand the sheriff to proclaim the said statutes within 
 his bayliwick, as well within liberties, as without. 
 And this was the course of Parliamentary proceedings, 
 
INTRODUCTION. xlvii 
 
 before printing came in use in England, and yet it 
 continued after we had the print, till the reign of 
 Henry VII." 3 Institute, c. 5, 40. 
 
 " Now at the Parliament holden in 5 R. II. , John p apa l tricks 
 Braibrook, Bishop of London, being Lord Chancellor 
 of England, caused the said ordinance of the King, and 
 Lords to be inserted into the Parliamentary writ of 
 proclamation to be proclaimed amongst the Acts of 
 Parliament, which writ I have seen, &c. But in the 
 Parliamentary proclamation of the Acts passed in 
 anno 6 R. II., the said Act of 6 R. II., whereby the 
 said supposed Act of 5 R. II. was declared to be void, 
 is omitted, and afterwards the said supposed Act of 
 
 5 R. II. was continually printed, and the said Act of 
 
 6 R. II. hath by the prelates been ever from time to 
 time kept from the first. 
 
 " Certain men called Lollards were indicted for 
 heresy upon the said statute of 2 H. IV., for these 
 opinions, viz., Quod non est meritorium ad Sanctum 
 Thomam nee ad Sanctam Mariam de Walsingham 
 peregrinari. 2. Nee imagines, crucifixi, et aliorum 
 sanctorum adorare. 3. Nulli sacerdoti confiteri nisi 
 soli Deo, &c. Which opinions were so far from heresy 
 as the makers of the statute of 1 Eliz. had great cause 
 to limit what heresy was. "--Coke, Third Institute, 
 p. 41. 
 
 And, speaking of the inaccuracy in the transcription of 
 our earlier statutes for the purpose of printing them, he 
 says, with reference to the statute of provisors, a statute 
 
Xlviii INTRODUCTION. 
 
 passed by Roman Catholics to protect the Church and 
 nation from the encroaching power of Rome, 
 
 " [Note] In the roll of Parliament of the statute of 
 Provisions there are more sharp and biting words 
 against the Pope, than in the print, a 'mysterie often in 
 use, but not to be knowne of all men/" 2 Inst. 585, b. 
 
 But supposing that the statutory enactments, instead 
 of being modified, as they have been, were all gone, 
 that not only were the penalties removed, but the 
 Acts themselves absolutely repealed and clean swept 
 away; that w T e had not the Act of 16 Rich. II. , c. 5, nor 
 the portions which yet remain of 1 Eliz. c. 1, nor 
 2 Eliz. c. 13, nor the provisions of 10 Geo. IV. c. 7.* 
 Still these are the principles of the Common Law, 
 and there are the dictates of common sense, and of 
 common safety, telling us to repel from our country, 
 as we would repel from our own houses, a power 
 which sought to usurp our place. 
 
 To such an invasion, we ought not to give place, by 
 way of subjection or submission no not for an hour. 
 
 Let us for a moment see what Sir William Black- 
 stone has written upon this subject : f 
 
 " Having thus, in some degree, endeavoured to 
 trace out the original and subsequent progress of 
 the Papal usurpations in England, let us now return 
 to the statutes of prcemunire, which were framed to 
 
 * See post , Appendix Gr., p. 144. 
 
 f And see " National Protests before the Reformation." 
 Seeleys, Hanover-street, and Fleet-street. 
 
INTRODUCTION. xlix 
 
 encounter this overgrown yet increasing evil. King 
 Edward L, a wise and magnanimous prince, set him- 
 self in earnest to shake off the servile yoke. He 
 would not suffer his bishops to attend a General 
 Council, till they had sworn not to receive the Papal 
 benediction. He made light of all Papal Bulls and 
 processes : attacking Scotland in defiance of one ; and 
 seizing the temporalities of his clergy, who, under 
 pretence of another, refused to pay a tax imposed 
 by Parliament. He strengthened the statutes of 
 mortmain ; thereby closing the great gulph, in which 
 all the lands of the kingdom were in danger of 
 being swallowed. And, one of his subjects having 
 obtained a Bull of excommunication against another, 
 he ordered him to be executed as a traitor, according 
 to the ancient law. And, in the thirty-fifth year of his 
 reign, was made the first statute against Papal pro- 
 visions, which, according to Sir Edward Coke, is 
 the foundation of all the subsequent statutes of pra- 
 munire ; which we rank as an offence immediately 
 against the King, because every encouragement of the 
 Papal power is a diminution of the power of the 
 Crown." Bl. Com., book iv. c. 8. 
 
 Then, in Caudrey's Case, p. 20, Sir Edward Coke 
 gives us the following instance, from many others, which 
 might be adduced to show, that even the absence 
 of legislative enactments cannot deprive an independ- 
 ent Sovereign and nation of the right of resisting 
 the aggression or intrusion of a foreign power, whe- 
 ther by himself or by his agents. 
 
 d 
 
1 INTRODUCTION. 
 
 " In the reign of King Edward the First, a sub- 
 ject 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 offender should have been drawn and 
 hanged : but at the great instance of the Chancellor 
 and Treasurer, he was only abjured the realm for ever." 
 Protective The horror some persons have of enforcing or of 
 
 provisions. . . 
 
 making any laws upon such subjects, reminds us ol the 
 morbid sensibility of those who would have England 
 disarmed, while the continent of Europe teems with 
 armed men and with military and naval preparations. 
 
 But do these men in their own private concerns 
 act upon a similar principle ? Do they suppose 
 honesty so universal that there is no need for a police to 
 parade the streets? for a magistracy to administer the 
 law? or for locks, or doors, or fastenings to their houses? 
 
 Laws must be made to protect the good, to punish 
 the bad. If complaint is to be made of the necessity 
 of these, let the blame rest where it belongs, upon 
 the bad principles, practices, and actions which have 
 rendered necessary such enactments for the preserva- 
 tion of order, prosperity, and peace. We are not 
 living in those days when 
 
 " All crimes shall cease, and ancient frauds shall fail ; 
 Returning justice lift aloft her scale ; 
 Peace o'er the world her olive wand extend, 
 And white-robed innocence from heaven descend." 
 
INTRODUCTION. 11 
 
 We may indeed theorize as we please, but we must Theory 
 not act upon theory to be safe. We must deal with p rac tice. 
 realities as wejind them ; not as we could wish them, 
 and whilst retaining all possible good feelings to those 
 who may be the victims of error and delusion, it is 
 beyond doubt a great mistake to suppose we can 
 change the nature of evil by exposing ourselves to it, 
 or that Popery is changed in its nature, and is other- 
 wise than an inveterate opponent to the principles 
 which we believe to be true; to the institutions which 
 we venerate ; to the liberties which we have so long 
 enjoyed, and which we are resolved to maintain. 
 
 " Bent, but not broken " was the power of Rome ; 
 but mistaking disarmed malignity for abated enmity, 
 her promises have been believed by us, her pledges 
 accepted, and her advocates and subjects admitted to 
 the enjoyment of power : as Romanism has risen into 
 power there has been a development of her nature, 
 principles, and objects. 
 
 In 1846, one of the leading organs of Romanism 
 thus expressed the contemptuous feelings of Rome for 
 British legislation in matters affecting her interests. 
 After speaking of the indignation with which many of 
 their Liberal friends had viewed the interference of 
 Rome, in the matter of certain colleges in Ireland, the 
 writer proceeds as follows : 
 
 " Calm your perturbation, ye excellent individuals, 
 and submit with decent dignity to the inevitable. It 
 is even so. It must be so. It will be so yet 
 more and more. You are only at the beginning of 
 
 d 2 
 
Hi INTRODUCTION. 
 
 The Queen, your perplexity. The Pope will speak more loudly 
 Commons set than ever, and what is more, he will be listened to. 
 
 ioug t. jj e w yj ^. urn Qver y Om . mus f.y Acts O f Parliament with 
 finger and thumb, scrutinizing them with a most 
 irreverent audacity; examining those which concern 
 him; and when he has found these, rejecting some 
 and ' tolerating ' others, with as much freedom as you 
 use when you handle oranges in a shop, selecting the 
 soft and sweet, contemptuously rejecting the sour and 
 the rotten. And then oh ! dreadful thought he 
 will insist upon being obeyed. The very slates of 
 Exeter Hall must erect themselves in horror at 
 the bare thought of such a thing. What ! the Bill 
 was read three times in each House of Parliament ; 
 it was twice passed ; engrossed on parchment ; 
 garnished with a waxen appendage by way of seal ; 
 and has had over it pronounced by Royal lips the 
 mysterious and creative fiat, La Eeine veut. The 
 Queen wills it ; the Lords will it ; the Commons will 
 it. What does it want to complete the perfect fashion 
 of a law ? Nothing of solemnity, nothing of force, 
 which the Imperial sceptre of this kingdom could give, 
 is wanting to it. But truly, it may want the sanction 
 of religion ; the Pope snuffs disdainfully at it ; an 
 Italian priest will have none of it : it trenches upon 
 his rights, or rather upon his duties ; it violates the 
 integrity of those interests which he is set to guard ; 
 and therefore Commons, Lords, Queen, wax, parch- 
 ment, and all, avail it very little. You may call it 
 law if you please. You may enter it on your roll. 
 
INTRODUCTION. liii 
 
 You may print it in the yearly volume of your statutes. 
 But before long you will have to repeal or alter it, in 
 order to procure the sanction of a foreign potentate, 
 without which it has not, in the end, the value of a 
 tenpenny nail." Tablet, Sept. 19, 1846. 
 
 But the question recurs, What is to be done ? Here 
 we are met again with the difficulty of Ireland. This 
 question, we hear, has divided the Cabinet. 
 
 Various plans are spoken of, and Ireland need be 
 no difficulty, or not the difficulty it has been, if a 
 right policy were adopted with reference to that por- 
 tion of the United Kingdom. We can have no com- 
 promise. England must not be saved at the expense 
 of Ireland, and the Pope will indeed have gained high 
 vantage-ground in the face of Europe if any Bill shall 
 be brought forward and passed, which shall legalize 
 in Ireland what it shall declare to be unlawful in Eng- 
 land. 
 
 If the present law be efficient would it not be far The present 
 better to enforce the existing law, than to bring in 
 an imperfect measure, which, by applying to Eng- 
 land only, would seem to exclude Ireland and the 
 Colonies, and by so seeming to exclude them altogether, 
 or to postpone their interests, would appear to favour 
 the inference some would be inclined to draw, that 
 because they are not included they are specially ex- 
 cluded; that because it is declared to be illegal in 
 England only, legislative silence implies it is declared 
 to be lawful in Ireland ? 
 
liv 
 
 INTRODUCTION. 
 
 I profess not to know the secrets of either party, 
 though I have watched very closely the movements of 
 each. In vain, however, have I looked for any indica- 
 tion from either side of that true, honest, sound, 
 straightforward Protestant course which we had 
 hoped for, and without which the nation can never 
 rest satisfied or safe, There has existed, and still ex- 
 ists, much to create apprehension on the part of those 
 who desire to see the encroachments of Popery 
 resisted. 
 
 Whether there be any truth in the old adage 
 that straws show which way the wind blows, we will 
 not undertake to decide. Possibly it may depend 
 upon how they are thrown up, and upon the presence 
 or absence of influences more or less counteractive 
 of the natural current. But certainly, there is some 
 truth in this, that, generally speaking, the current 
 of promotion indicates the views of those who have 
 the disposal of it. There may be exceptional cases. 
 But when we have long seen almost the entire 
 preferment of the Established Church of a country 
 distributed amongst those who favour a system deemed 
 by the majority of the clergy of the Church of that 
 country to favour Popery when we find an appoint- 
 ment so important to the national interests as the 
 government of Malta conferred on a Roman Catholic 
 another Roman Catholic sent out to fill a diplomatic 
 post in Greece and a third, whose acquaintance with 
 diplomacy is certainly not equal to his attainments in 
 
INTRODUCTION. lv 
 
 other matters, sent out to one of the most interesting 
 and, in some sense, important spheres of diplomatic 
 duties, chiefly because he is a Roman Catholic, there p ope ry press- 
 can be no doubt as to the views of some of those ofvernment 
 in power, or that some agency is so closely, heavily, 
 and tightly pressing upon the springs of Government, 
 that what should be the governing-power, is becoming 
 a merely passive instrument in the hands of some 
 unseen agency who move mysteriously, and at whose 
 bidding, the preferment of the country is distributed. 
 
 However impaired and enfeebled; the statute law, 
 as well as the common law, still remains in force upon 
 the subject. 
 
 The 7th and 8th Viet., c. 102, s. 1, repealed such 1 Eliz. c. i. 
 portions of 1 Eliz., c. 1, relating to the supremacy of 
 the Crown, as inflicted certain penalties for certain 
 offences therein mentioned ; but left still in force very 
 important portions of that Act. 
 
 The 9 and 10 Viet., c. 59, s. 1, went a little further, 
 and repealed another portion of 1 Eliz., c. 1 left in 
 force by the 7th and 8th Viet., c. 102 but contained 
 a proviso that it should not make lawful the offences 
 for the commission of which it then removed certain 
 penalties. 
 
 This was not, however, going quite far enough. A 
 third attempt was made to repeal something more of 
 the same Act (1 Eliz., c. 1), and in November, 1847, 
 Mr. Anstey brought in a Bill for that purpose, which 
 was thrown out in 1848 (July 16). (See Appendix K, 
 p. 167.) 
 
Ivi 
 
 INTRODUCTION. 
 
 1 3 Eliz. c. 2, 
 s. 3, declares 
 offence high 
 treason. 
 
 Its punish- 
 ment. 
 
 and 8 Viet. 
 102. 
 
 The 13 Eliz., c. 2, s. 3, provided as Mows -.That 
 if any " shall obtain or get from the said Bishop of 
 Rome or any his successors, or See of Rome, any 
 manner of Bull, writing, or instrument, written or 
 printed, containing any thing, matter, or cause what- 
 soever, or shall publish, or by any ways or means put 
 in use, any such Bull, writing, or instrument, that 
 then all and every such act and acts, offence and 
 offences, shall be deemed and adjudged by the autho- 
 rity of this Act to be high treason, and the offender 
 and offenders therein, their procurers, abettors, and 
 counsellors to the fact and committing of the said 
 offence or offences, shall be deemed and adjudged 
 high traitors to the Queen and the realm, and being 
 thereof lawfully indicted and attainted, according to 
 the course of the laws of this realm, shall suffer pains 
 of death, and also lose and forfeit all their lands, tene- 
 ments, hereditaments, goods, and chattels, as in cases 
 of high treason by the laws of this realm ought to be 
 lost and forfeited." 
 
 The 7th and 8th Viet., c. 102, did not touch 
 13 Eliz., c. 2, and the 9th and 10th Viet., c. 59, went 
 so far only as to repeal portions of it as follows : viz., 
 so much of an Act passed in the thirteenth year of the 
 reign of Queen Elizabeth, intituled, " An Act against 
 the bringing in and putting in execution of Bulls, 
 writings, or instruments, and other superstitious 
 things from the See of Rome, so far only as the same 
 imposes the penalties or punishments therein men- 
 tioned ; but it is hereby declared, that nothing in this 
 
INTRODUCTION. 
 
 enactment contained shall authorize or render it lawful 
 for any person or persons to import, bring in, or put 
 in execution within this realm, any such Bulls, writ- 
 ings, or instruments, and that in all respects, save as 
 to the said penalties or punishments, the law shall 
 continue the same as if this enactment had not been 
 made." 
 
 Mr. Anstey's Bill, thrown out in 1848, provided 
 for the repeal of the whole of the Act of 13 Eliz., c. 2, 
 " so far as concerned Roman Catholics." 
 
 But that intended repeal not taking place, the 
 statute, subject to the modifications made by 9 and 
 10 Viet., c. 59, remains in force. 
 
 Now, this section, above quoted, s. 3 of 13 Eliz., c. 2, 
 consists of two distinct parts, 
 
 1. That declaratory of what should constitute an 
 offence. 
 
 2. That declaring what shall be the penalty or 
 punishment for such an offence. 
 
 The latter portion is repealed, while the former 
 appears to be left standing. 
 
 So then the 16th Rich. 2, c. 5, with certain provi- 
 sions of 1 Eliz., c. 1, 13 Eliz., c. 2, as well as those of 
 10 Geo. 4, c. 7, may be regarded as portions of the 
 statute law which stih 1 remain in existence with 
 reference to the recent insolent and insidious aggres- 
 sion of the Papal Court. 
 
 If, however, the Government doubt as to the 
 efficiency of the law as it now stands, or the pro- 
 priety of seeking to enforce it, could the Prime 
 
Iviii INTRODUCTION. 
 
 New declara- Minister of this country adopt a course at once more 
 ment. na popular and constitutional, than by meeting it with 
 some new declaratory enactment ? than by coming 
 down to the House of Commons, and stating, " that 
 certainly the experiments made in favour of the 
 Roman Catholics had not produced results by any 
 means satisfactory and conclusive. That whatever 
 there may have been in the Church, or out of it, 
 theologically or politically, apparently favourable to 
 the Church of Rome, yet that the Sovereign of the 
 Roman States, by whomsoever advised, had been 
 misinformed, and misadvised, or had misunderstood 
 the genius and position of this country, and overrated 
 his own, as regards this ' insolent and insidious ' 
 aggression. 
 
 " That while successive Governments, the most 
 Liberal and the most Conservative, had accomplished 
 the emancipation of Roman Catholics from the chains 
 of slavery, as some would term it, they never intended 
 to give Rome the power of rivetting the chains of 
 slavery and spiritual despotism on the people of this 
 country. That the Roman Catholics were more 
 enslaved by the principles of their own system, than 
 by British legislation, and that the Papal Court had 
 of late manifested an intention of grasping after power, 
 where only toleration was intended: and of establishing 
 supremacy, where only or not more than equality could 
 be conceded. That by the principles, and indeed by 
 decided cases at Common Law, those taking part in 
 the Papal aggression were in various ways amenable 
 
INTRODUCTION. lix 
 
 to the bar of justice in this country, whilst the 
 statute law had been in repeated instances notoriously 
 evaded or violated. That it did not appear to him 
 desirable to give any parties the opportunity of 
 stating that those so taking part in the recent Papal 
 aggressions, were proceeded against under any of 
 what some might term the unknown, obsolete, or 
 forgotten principles of the Common Law, or what they 
 might term, the vindictive provisions of any statutory 
 law, but that Her Majesty's Government had 
 deemed it better to provide a new measure for this 
 offence, declaratory of the Common Law and the 
 Statute Law, applicable to Ireland and the colonies, 
 as well as to England; a statute which by being 
 now passed, as he trusted it would, with the nearly 
 unanimous consent of each House of Parliament 
 and receiving the assent of the Crown, would meet 
 the approbation also of those out of doors ; would 
 convince those who had entertained doubts upon the 
 subject, that this Church and nation were not about 
 to relinquish the blessings of civil and religious 
 liberty the twin glories of the land; the religious 
 blessings purchased at the Reformation in the six- 
 teenth century ; and the civil and political blessings 
 secured to them by the Revolution in the seventeenth 
 century ; events to which this Church and country 
 owe too much ever to be guilty of a forgetfulness or 
 betrayal of them." 
 
 In the present state of the public mind it is well 
 
CAUDREY'S CASE. 
 
OF THE KING'S ECCLESIASTICAL LAW 
 
 HILARY, 37 ELIZ.'RTfHE QUEEN'S BENCH. 
 
 COKE'S BEPORTS. PAET V. EDITION OP 1826. 
 
 IN this case is contained a brief epitome, compiled with the 
 proverbial learning and the exact care of Sir Edward Coke, 
 with reference to Papal interference in the affairs of this 
 Church and nation, showing from legal, historical, and con- 
 stitutional evidence, that the British Crown, Church, and 
 people, have from ancient time resisted and been independent 
 of Rome. 
 
 * Father John Parsons, the Jesuit, published anonymously 
 " An Answere to the fifth part of Reports lately set forth by 
 Syr Edward Coke, Knight, the King's Attorney- Generall, 
 concerning the Ancient and Moderne Municipal Lawes of 
 England, which do apperteyne to spiritual power and juris- 
 diction. By occasion whereof, &c. Imprinted with license, 
 anno domini, 1606, 4to." 
 
 Sir Edward Coke in his Preface to the Sixth Report, pages 
 13 to 17, while declining to enter upon the angry con- 
 troversy into which Parsons had sought to drive him, says, 
 page 15, " The cause that I cannot reply is, for that I have 
 only reported the text, and as it were, the very voice of the 
 ancient laws of this realm, proved and approved in all succes- 
 sions of ages, as well by universal consent in Parliament, as 
 by the judgments and resolutions of the reverend Judges and 
 sages, of their common laws, in their judicial proceedings, 
 which they gave upon their oath and conscience." 
 
 That portion of this case, which bears more immediately on 
 the points raised by the recent Papal aggression, 1850-1, com- 
 mences at page 1 6. From that page to the end of the case, 
 is contained a more clear and succinct epitome of Papal 
 
 * There is a copy of this book in the library of the British Museuir, 
 and in that of the Inner Temple. 
 
CAUDKEY S CASE. 
 
 aggressions, and Protestant resistance, affecting this realm, 
 than is to be found in the writings of any other lawyer, or 
 any statesman, historian, or divine, of which this nation can 
 boast. J. L. 
 
 Skin.468.486. I N the term of St. Hilary, in the 33d year of the reign 
 
 490. 493. &c. J J 
 
 i Sal. 134. of Queen Elizabeth, Rotulo 340, Robert Caudrey, 
 E. L. Burn, clerk, brought an action of trespass against George 
 
 *132235 ' Atton, for breaking of his close at North Luffenham, 
 the county of Rutland, the 7th day of August, in 
 
 pp. 13^1 
 Yol.IL 
 142. Vc 
 
 pp. 258, 378. the 31st year of the reign of the said late Queen : the 
 defendant pleaded not guilty, and the jury returned 
 and sworn for trial of this issue gave a special verdict, 
 Hargr.Tr.465 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 plaintiff 
 before the trespass supposed to be done, was parson 
 of the rectory of South Luffenham, in the county afore- 
 said, whereof the place wherein the trespass is alleged 
 1 i Eliz. c. 1. was parcel, and found the statute made in the f first year 
 c. 11. Cawley of the said late Queen's reign, by which in effect it is 
 inst. 32?,525. enac ted, that such jurisdiction ecclesiastical, as by any 
 pp'/vfi 37< spiritual or ecclesiastical * power hath heretofore been, 
 
 J. D J 
 
 Moor, 755. or may lawfully be exercised for the visitation of the 
 
 Parsons' An- , 
 
 swer, 57. ecclesiastical estate and persons, and for reformation, 
 order, and correction of the same, and of all manner 
 of errors, heresies, schisms, abuses, offences, con- 
 tempts, and enormities, within this realm, should for 
 ever be united and annexed to the imperial Crown of 
 this realm. And that her Highness, her heirs, and 
 
 v 
 
CAUDREY'S CASE. 
 
 successors, " should have full power and authority, Repealed by 
 by virtue of that Act, by letters patent under the ^^ll^. 
 great seal of England, to assign, nominate, and autho- 
 rize such persons, being natural born subjects, as her 
 Highness, her heirs, or successors, should think meet, 
 to exercise and execute under her Highness, her heirs, 
 and successors, all and all manner of jurisdiction, 
 privileges, and pre-eminences in any wise touching or 
 concerning any spiritual or ecclesiastical jurisdiction 
 within this realm of England and Ireland ; and to visit, 
 reform, redress, order, correct, and amend, all such 
 errors, heresies, schisms, abuses, offences, contempts, 
 and enormities whatsoever, which by any (manner) 
 spiritual or ecclesiastical power, authority, or jurisdic- 
 tion can or may lawfully be reformed, ordered, 
 redressed, corrected, restrained, or amended to * the [* 2 a.] 
 pleasure of Almighty God, the increase of virtue, 
 and the conservation of the peace and unity of this 
 realm. And also 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 
 patent under her Highness, her heirs, and successors, 
 to exercise, use, or execute all the premises, according 
 to the tenor and effect of the said letters patent, any 
 matter or cause to the contrary notwithstanding." 
 And afterwards the said Queen by her letters patent 
 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 tenor of the said Act, 
 did authorize the Archbishop of Canterbury, the 
 
 B 2 
 
CAUDREY'S CASE. 
 
 Bishop of London, and divers others, or any three or 
 more of them, to inquire 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 patent, videlicet: Also we give and 
 grant full power and authority to reform, redress, 
 order, correct and amend in all places of this realm, 
 all errors, heresies, schisms, abuses, contempts, and 
 enormities, spiritual or ecclesiastical whatsoever, which 
 
 [* 2 b.] by any * spiritual or ecclesiastical power and autho- 
 rity or jurisdiction, can or may lawfully be reformed, 
 ordered, redressed, corrected, restrained or amended 
 by the censures ecclesiastical, 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 offender by fine, 
 imprisonment, censure of the Church, or otherwise, or 
 by all or any the said ways, and to take such order 
 for the redress of the same, as by your wisdoms and 
 discretions shall be thought meet and convenient, as 
 by the said letters patent more at large appeareth. 
 
 Stat.iEi.c.2. And further they found the " statute of the first year 
 2ct. 4, 5, . ^ ^ e re ig n O f the said late Queen, by which it is 
 enacted, that the offender against that Act concerning 
 the uniformity of Common Prayer, and being thereof 
 lawfully convicted, according to the laws of the realm, 
 by verdict of twelve men, or by his confession, or by 
 
CAUDREY S CASE. 5 
 
 the notorious evidence of the fact, should forfeit for 
 the first offence the value of his spiritual living for one 
 whole year, and should suffer six months' * imprison- [* 3 a.] 
 ment. 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 ecclesiastical 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 showed particularly 
 wherein : which said sentence of deprivation was 
 given by the Bishop of (a) London, cum assensu, ( a ) p P h - 59 - 
 A.B., C.D., &c., cottegarum 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 depri- 
 vation were not void in law, then they found the 
 defendant not guilty. And this case was solemnly 
 and oftentimes debated at bar 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 St. Hilary, in 
 the thirty-seventh year of * the said Queen adjudged. ^ he {,j ec . 
 
 And it was argued by the Counsel of the plaintiff, 
 that the said deprivation was void for four causes, plaintiff. 
 
6 CAUDREY'S CASE. 
 
 [*] First, the said book of Common Prayer being author- 
 
 ized 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 
 plaintiff is against that Act, for that Act only doth 
 command the observation of the said book and 
 inflicteth punishments in several degrees for depraving 
 or not observing of the same, and consequently, if the 
 offence be against that Act, the plaintiff ought to have 
 been proceeded withal, and punished according to the 
 same : and it was said that the said Act was an Act 
 of great moderation and equity, for the offender for 
 the first offence should not be ipso facto deprived, but 
 should only lose the profits of his ecclesiastical 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 offenders in this 
 behalf, as if they committed one offence, and then 
 another, and after the second many more ; yet should 
 not the offender be deprived for any of the latter 
 offences, unless he had been first judicially convicted 
 
 [* 4 a> ] of record * by verdict of twelve 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 judicial 
 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 
 
CAUDHEY'S CASE. 
 
 for a second offence, to be committed after such a 
 conviction, deprivation should follow. But in the 
 case now in question, Caudrey, the plaintiff, 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 ; et non observata 
 forma infertur adnullatio actus, and consequently the 
 deprivation of the plaintiff is void, and therefore judg- 
 ment ought to be given for him. And it was said by 
 the plaintiff's Counsel, by way of anticipation, that 
 albeit there was a proviso in the same Act for Arch- 
 bishops, Bishops, and their Chancellors, Commissaries, 
 Archdeacons, and other Ordinaries, having peculiar 
 jurisdiction, * yet that did not give any strength to [* 4 b.] 
 the said deprivation for two causes. First, that the 
 Commissioners, by force of the said Act of 1 Eliz., 
 and of the said letters patent, are not within the said 
 proviso, but only 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, [2] 
 it was objected by the Counsel for the plaintiff, that 
 Caudrey the plaintiff was not deprived either by the 
 verdict of twelve men, or by confession, or by the 
 notorious evidence of the fact, but by default in respect 
 
8 CAUDREY'S CASE. 
 
 he appeared not, being duly precognizated or warned, 
 (a) 5 Co. 2. b. which case as it was objected, was () casus omissus, and 
 37 b y 31 oblivioni datus, and not within the said Act. Thirdly, it 
 was objected on behalf of the plaintiff, that the said sen- 
 tence given by the said High Commissioners, was utterly 
 void, for that they or any three or more of them having 
 authority by force of the said Act, and of the said 
 letters patent under the great seal, ought to join in the 
 (6) Poph. 59. sentence, and that one alone with the (b) consent of 
 Post 6 ? 3 a' ^ W0 or more f the other Commissioners cannot give 
 r* 5 a ] a sentence, for that every Commissioner * hath equal 
 authority, and by the said letters patent three or more 
 must give the sentence with consent of others, and 
 such a judgment given by any Commissioners of Oyer 
 and Terminer, or other Commissioners or Judges of 
 the Common Law, were utterly void and of none 
 [4] 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 
 (a) 1 El. c. l. power given by the said (a) Act to the Crown, is to 
 St 18 ' 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 
 (6) Poph. 59, their particular knowledge did know them to be (6) 
 natural-born subjects, yet they being Judges of record, 
 ought only to see with judicial eyes, and to take 
 knowledge of no more than doth appear to them 
 within the record ; for upon that, and not upon 
 private knowledge out of the record, they only must 
 
CAUDREY'S CASE. 9 
 
 give their judgment, and upon that record enter their 
 
 judgment also of record. And seeing that the late 
 
 Queen had, as it was said by the plaintiff's Counsel, 
 
 ecclesiastical jurisdiction, by the said Act of Parliament, 
 
 and by the same power was given unto her to name * [* 5 b.] 
 
 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 : et (c) de non appa- (c)4C .47.a. 
 
 rentibus et non existentibus eadem est ratio : for Co. U 52. Hob. 
 
 this cause also the said sentence of deprivation was ^uist Too!' 
 
 void, as given by Commissioners not warranted by 2 Inst - 20 - 
 the said Act. 
 
 As to the first and second objection, both being The resolu- 
 grounded upon the said (d) Act of Parliament, it was curt to the 
 resolved by the whole Court, that notwithstanding j and se ~ 
 
 these two objections, the sentence was not to be ( rf ) 2 
 impeached for either of them, and that for three W.Jones 393. 
 causes. First, for that the said Act concerning the 
 uniformity of Common Prayer, being in the (a) (a)2Koll.222. 
 affirmative, doth not abrogate or take away the juris- iic . 64. a . 
 diction ecclesiastical, 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 could be ex- 
 
 . tended to the 
 
 appeareth by the general rule of all our books, as it Book of Com. 
 
 appeareth in 46 Ed. 3, 4; 47 Ed. 3, 10; 20 H. ft 
 
 11 ; 36 H. 6, 3 ; 3 Ed. 4, 27 ; 3 H. 7, 1 ; 14 H. 7, 
 
 10 ; 15 H, 7, 16 ; 33 H. 8 ; Dyer 50. 4. Mar. Dy. to former 
 
 135. Stradling's case, PL Com. 207, &c. 
 
10 c AUDREY'S CASE. 
 
 in Middleton ^ 2. The ecclesiastical law and the * temporal law 
 Crofts have several proceedings, and to several ends : the one 
 
 2 Atk. 673, . - . r , . ' . 
 
 [* 6 a.] being temporal to inflict punishment upon the body, 
 l an( is, or goods ; the other being spiritual, pro salute 
 an i mae the one to punish the outward man, the other 
 
 realdmerence, 
 
 for all punish- to reform the inward: and this appear eth in 12 H. 
 
 tended for the 7, 22, and 10 Ed. 4, 10, &c. Then both these 
 distinct and several jurisdictions consist and stand 
 we ^ together, and do join in this : to have the whole 
 
 and this is the m an inwardly and outwardly reformed. 
 
 end both of 
 
 the ecclesiastical censure, and the temporal penalty when they are both inflicted im- 
 mediately and directly for the same thing; otherwise where the ecclesiastical censure 
 is for the criminal Act, and the temporal penalty for a fraud. 
 
 To the third. ^[ 3. The proviso in the said Act doth make this 
 question without question, for by it, 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 inquire in their visitation, 
 synods, and elsewhere within their jurisdiction, as at 
 any other time and place, to take accusations and 
 informations of all and every the things above men- 
 tioned, done, committed, or perpetrated within the 
 limits of their jurisdiction and authority, and punish 
 the same by admonition, excommunication, sequestra- 
 tion, or deprivation, and other * censures and process 
 in like form as heretofore had been used in like cases 
 by the Queen's ecclesiastical laws, as by the said Act 
 appeareth. So as seeing, if that Act had never 
 
CAUDREY'S CASE. 11 
 
 inflicted any punishment for depraving or not ob- 
 serving 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 ecclesiastical Judge may Q. 
 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, See Skin. 491, 
 and the ecclesiastical laws, as if no form of punish- 
 ment had been inflicted by that Act ; and this doth 
 evidently appear by the said proviso : for thereby 
 notwithstanding anything in that Act contained, they 
 may punish such offenders by admonition, excommu- 
 nication, sequestration, or deprivation, and other 
 censures and process, in like form as heretofore hath 
 been used in like cases by the Queen's ecclesiastical 
 laws, and are not bound to pursue the form prescribed See the quaere 
 by the said Act, which is to punish the offender before p ' 9 * 
 according to the temporal law. And it was resolved, 
 that if the jurisdiction of the Archbishops and 
 * Bishops and their Chancellors, Commissaries, Arch- [* 7 a -l 
 deacons, and other Ordinaries, having any peculiar 
 ecclesiastical jurisdiction were provided for by the 
 said Act ; a fortiori the high Commissioners au- 
 thorized by another Act in the same Parliament were 
 tacite provided for; quia(#) cui licet quod majus est, O) 4 Co. 23. a. 
 non debet quod minus est non licere. As to the Father Par- 
 third objection it was also resolved by the whole To t j ie t ^ ird 
 Court, that the sentence given by the Bishop, by the 
 consent of his (&) colleagues, was such as the Judges Ante3 P a.4.b! 
 
12 CAUDREY'S CASE. 
 
 of the common law ought to allow to be given 
 
 according to the ecclesiastical laws : for seeing their 
 
 authority is to proceed and give sentence in eccle- 
 
 siastical causes, according to the ecclesiastical law, 
 
 and they have given a sentence in a cause eccle- 
 
 siastical upon their proceedings, by force of that law ; 
 
 (c) 2 Roll. 7. the Judges of the common law ought to give (c) faith 
 
 Co 29 a ' 8 Co. and credit to their sentence, and to allow it to be 
 
 s^aweysu' d ne according to the ecclesiastical law ; for (d) cuilibet 
 (Y/)4Co.29.a. i n su ^ ar t ;e perito est credendum. And this is the 
 Calvin's case, common received opinion of all our books, as ap- 
 2Leon. I76 a> peareth 11 H. 7, 9; 34 H. 6, 14, &c. ; and in (e) 
 29 a Buntin and Leppingwel's case, in the Fourth part of 
 
 my Reports : and this is the usual form of all the 
 
 sentences in their Ecclesiastical Courts : and this 
 
 [* 7 b.] vel T point, Tr. 23. * Reginse Eliz. in this Court be- 
 
 ( f} 2 Leon, tween (/) Cheyney and TYankwell, all the matter being 
 
 Roll *224 2 f un i as this case is by special verdict, was adjudged. 
 
 TO the fourth. As to the fourth objection, videlicet ; " that 
 the said late Queen had only power by force of 
 the said Act, to nominate Commissioners for eccle- 
 siastical causes, and therefore the aforesaid nomina- 
 tion 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 
 
 (a) W. Jones be (a) intended to be subjects born and not aliens : 
 but if in verity they were aliens, yet in respect of 
 the general intendment to the contrary, it ought to be 
 
CAUDREY'S CASE. 13 
 
 alleged and proved by the other party ; for (6) sta- 
 bitur praesumptioni donee probetur in contrarium. 6 Co. 73. b. 
 2. The jurors have found that the Queen by her b. 2 Bvilstr. 
 said letters patent did authorize them secundum 
 formam statuti prredicti: 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 prsedicti. 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 [* 8 a.] 
 the said Act of the first year of the said late Queen 
 concerning ecclesiastical jurisdiction, was not a statute 
 introductory of a new law, but (c) declaratory of the (c)4inst.325. 
 old, which appeareth as well by the title of the said Cr. W Jai! 37. 
 Act, videlicet, " An Act restoring to the Crown the Moor ' 755 ' 
 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 (d) (d) CawleyS. 
 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 parcel 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 proceed- 
 ing thereupon was, that all things might be done in 
 causes ecclesiastical to the pleasure of Almighty God, 
 the increase of virtue, 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 
 
14 CAUDREY'S CASE. 
 
 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 
 
 [* 8 b.] * Act of the first year of the late Queen had never 
 
 been made, it was resolved by all the Judges, that the 
 
 King or Queen of England for the time being may 
 
 ()4.lnst.326 (a) make such an ecclesiastical commission as is before 
 
 Cr. Jac. 37. 
 
 Hetl. 19. mentioned, by the ancient prerogative and law of 
 England. And therefore by the ancient laws of this 
 (Z>) Post 28. b. realm, this kingdom of England is an absolute (8) 
 empire and monarchy consisting of one head, which 
 is the King, and of a body politic, compact and com- 
 pounded of many, and almost infinite several, and yet 
 well agreeing members : all which the law divideth into 
 two several parts, that is to say, " the clergy and the 
 laity," both of them, next and immediately under God, 
 subject and obedient to the head : also the kingly 
 head of this politic body is instituted and furnished 
 (c) Hob. 17. with (c) 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 ecclesiastical 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 
 (fl)Co.Lit.96. and determine the same by the temporal laws of 
 What causes England : (a) so in causes ecclesiastical and spiritual, 
 bel [ 1 1 a] the as name ty> blasphemy, * apostasy from Christianity, 
 
CAUDREY'S CASE. 15 
 
 heresies, schisms, ordering, admissions, institution of ecclesiastical 
 
 Courts, see 
 
 clerks, celebration of Divine service, rights of matri- Circumspecte 
 mony, divorces, general bastardy, subtraction and il & K i. 
 right of tithes, oblations, obventions, dilapidations, ve r S u' s c * 5 ' 
 
 reparation of churches, probates of testaments, admi- 
 
 nistrations and accounts upon the same, simony, 
 
 ,. . . . 
 
 incests, fornications, adulteries, solicitation of chastity, 
 
 pensions, procurations, appeals in ecclesiastical causes, 23^.8. 
 
 commutation of penance, and others, (the conusance ' * c ' ' 
 
 c 20 
 
 whereof belongs not to the common laws of England,) 32 _H. 8. c. 7. 
 the same are to be determined and decided by eccle- 2. E. 6. c. 13. 
 siastical judges, according to the King's ecclesiastical i EH! c.?. 5 
 laws of this realm: for as the Romans fetching divers 
 laws from (b) Athens, yet being approved and allowed 
 by the estate there, called them notwithstanding Jus f.so.F.N.B.f. 
 civile Romanorum: and as the (c) Normans borrowing 45,' 46,' 47'. 
 all or most of their laws from England, yet baptized 44 eg ' 
 them by the name of the laws or customs o* SJJjJf Jis.' 
 Normandy : so albeit the Kings of England derived ^ e P- circa 
 their ecclesiastical 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 
 (d) King's Ecclesiastical Laws of England, which n. b^Dr. 1 ' 
 * whosoever shall deny, he denieth that the King cousins's 
 hath full and plenary power to deliver justice in all A P ol gy> 10 : - 
 causes to all his subjects, or to punish all crimes and 
 offences within his kingdom : 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 
 
16 CAUDREY'S CASE. 
 
 complete monarch, nor head, of the whole and entire 
 body of the realm. 
 () Parsons' But (a) to confirm those that hold the truth, and to 
 
 answer to the *''*''* 
 
 Fifth Rep. 93. satisfy such as being not instructed, know not the 
 ancient and modern laws and customs of England, 
 (every man being persuaded as he is taught,) these 
 few demonstrative proofs out of the laws of England, 
 instead of many, in order et serie temporum, are here 
 added. 
 
 reigned A.D? Kin g (*) Kenulph, &c., by his letters patent hath, 
 755 Stam- w fth the advice and consent of his bishops and 
 
 ford lib. 3. c. 
 
 38. f. in. senators, of his people (i.e., in a Parliament) granted 
 101,102. to the monastery of Abingdon, in the county of 
 swer93, & 94, Berks, and to one Ruchny, then Abbot of the said 
 Br Coron 3 & ' monastery a certain portion of his (demesne) lands, 
 129. Moore v ^^ fifteen tenements (or farms) in a place which by 
 Coron. in b. the country people was then called Culnam, with all 
 form. Pars i. the profits thereto belonging, as well in great things 
 ' as m small, for an eternal inheritance ; and that the 
 pleaded, sa ^ R ucnnv & c ., shall be for ever free from all 
 
 1 M. /. -4O. ^O. 
 
 N. A Catholic episcopal * jurisdiction ; so that the inhabitants 
 in a book in- thereof may not (hereafter) be oppressed with the 
 Reckoning Gr joke of bishops or their officials; but in all events 
 ^ things and discussion of causes be subject 
 
 509, shews (only) to the Abbot of the monastery aforesaid. So 
 charter was that, &c. As by the said charter pleaded in 1 Hen. 7. 
 of the Pope, and vouched by Stanford, at large appeareth : which 
 King j 1 and he cnarter granted above 850 years since, was after 
 
 shews some sentences in the charter here omitted. And Bro. Tit. Corone pi. 129 shews, 
 that it was pleaded the confirmation of the Pope, Note to former edit. Rex Edwin. 
 regnavit Anno Dom. 955. 
 
CAUDREY'S CASE. 17 
 
 confirmed per Edwinum Britannise Anglorum regem 
 et monarcham : by (c) which it appeareth that the ( c ) Full. Ch. 
 King by his charter made in Parliament (for it parsons^An- 
 appeareth to be made by the counsel and consent of swer> 94< 
 his bishops and senators of his kingdom which were 
 assembled in Parliament) did discharge and exempt 
 the said Abbot, &c., from the jurisdiction of the 
 bishop, &c. And by the same charter did grant to 
 the said Abbot ecclesiastical jurisdiction within his 
 said abbey, which ecclesiastical jurisdiction being 
 derived from the Crown, continued until the dissolu- 
 tion 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 s. K. Edw. 
 ordained to this end, that he should govern and 
 rule the kingdom and people of the (a) land, and () Spelm. 
 above all things the holy Church, and that he defend J^^es.' 
 the same * from wrong doers, and destroy and root p JQ b.] 
 out workers of mischief. And this shall suffice for 
 many before the conquest. 
 
 In the Iteign of King William I. 
 
 It is agreed that no man can make any appropriation 7 E. 3 Tit. 
 of any church having cure of souls, being (b) a thing pedttfioT 
 ecclesiastical, and to be made to some person eccle- ^ Dav - 73> a * 
 siastical, but he that hath ecclesiastical jurisdiction : 
 but William (c] the Eirst of himself without any (c) Seid. Not. 
 
 ad. Eadmer. 
 C 165. 
 
18 CAUDREY'S CASE. 
 
 Burnet's other, (as King of (d) England,) made appropriation 
 of churches with cure to ecclesiastical persons ; 
 wherefore it followeth that he had ecclesiastical 
 
 James's case, jurisdiction. 
 
 In the Reign of King Henry I. 
 
 The charter Henry, by the grace of God King of England, Duke 
 founder of the of Normans : to all archbishops, bishops, abbots, 
 Readmjfin ear ^ s > barons, and to all Christians as well present as 
 the 26th year j. Q come & c> We d ordain as well in regard of 
 
 of his reign, 
 
 and in the ecclesiastical as royal power, that whensoever the 
 Lord 1125. Abbot of Reading shall die, that all the possessions of 
 the monastery wheresoever they are, do remain entire 
 and free with all the rights and customs thereof, in the 
 [* 11 a.] hands and disposition * of the Prior and the 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 his place by canonical 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 soldiers, 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 laymen. 
 
CAUDREY'S CASE. 19 
 
 In the Reign of King Henry III. 
 
 In all the time of H. 3, and his progenitors Kings 2 H. 3. Tit. 
 of England, and ever since, if any man did sue before 
 any Judge ecclesiastical within the realm for anything 
 
 whereof that Court by allowance and custom had not Register fol. 
 
 F. JST. B. Tit. 
 lawful conusance, the King did ever by his writ under pi-ohib. 40, 
 
 the great seal prohibit them to proceed : and if the ' 
 suggestion made to the King, whereupon *the pro- [* n b.] 
 hibition 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 Henry 3, and his progenitors Kings 
 of England, and ever since, if any issue were joined 
 upon the loyalty of marriage, general bastardy, or 
 such like, the King did ever write to the Bishop of that vide post 
 diocese, as immediate officer and minister to his court 
 to certify the loyalty of marriage, bastardy, or such 
 like; all which do f apparently prove, that those 
 ecclesiastical courts were under the King's jurisdiction 
 and commandment, and that one of the courts were 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 Ecclesiastical 
 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 mar- 
 f Plane. See note at end of Caudrey's Case, p. 67. 
 C 2 
 
20 CAUDREY'S CASE. 
 
 riage is as lawful inheritable (marriage following), as 
 
 the issue born after marriage ; but this was never al- 
 
 lowed or appointed in England, and therefore was never 
 
 r* 12 ai ^ anv ^ orce nere: anc ^ this appeareth by the statute of 
 
 The statute of * Merton, made in the 20th year of King Henry III. 
 
 Mertonan. , J J 
 
 20. H. 3. c. 9. To the King s writ of bastardy, whether one being 
 born before 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 ah 1 the Bishops instanced 
 the Lords, that they would consent, that all such as 
 were born before matrimony should be legitimate, as 
 well as they that be born within matrimony, as to 
 the succession of inheritance, forasmuch as the Church 
 accepteth such to be legitimate : and all the Earls and 
 (a)Moorei2o. Barons with one voice answered, We (a) will not 
 vii^Co. Lit?' change the laws of England which hitherto have been 
 
 In the Heign of King Edward the First. 
 
 Vide 30 E. 3. In the reign of King Edward the Eirst, a subject 
 19.' Brooke brought in a bull of excommunication against another 
 Se P 7To U ~ subject of this realm, and published it to the Lord 
 Note. This Treasurer of England; and this was by the ancient 
 
 was by the * 
 
 Common Law Common Law of England adjudged treason against 
 befonfany the King, his crown and dignity, for the * which the 
 *Nofoinike on en d er should have been drawn and hanged : but 
 
 at the great instance of the Chancellor and Treasurer, 
 [* 12 b.] he was only abjured the realm for ever. 
 
CAUDREY'S CASE. 21 
 
 The said King Edward I. presented his clerk to a 19 E. 3. tit, 
 benefice within the province of York, who was refused SStT 1 
 by the Archbishop, for that the Pope by way of pro- ^j de 39 E - 3 * 
 vision had conferred it on another; the King there- 
 upon 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 do 
 it against the Pope's provision, by judgment of the 
 Common Law, the lands of his whole bishoprick were 
 seised into the King's hands and lost during his life ; 
 which judgment was also 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 judg- 
 ment of the sages of the law, than to be * punished [* 13 a.] 
 for a contempt, if the King had not extended grace 
 and favour to him. 
 
 Concerning men twice married (called bigami) The statute of 
 whom the Bishop of Rome by a constitution made 
 at the Council of Lyons hath excluded from all privi- 
 lege of clergy, whereupon certain prelates (when such 
 
 persons have been attainted for felons) have prayed is by autho- 
 for to have them delivered as clerks which were made liament) 
 
 bigami before the same constitution. It is agreed 
 
 and declared before the King and his Council, that cil should be 
 
22 CAUDREY'S CASE. 
 
 understood, the same constitution shall be understood in this 
 wise, that whether they were bigami before the same 
 constitution or after, they shall not from henceforth 
 
 here. Note be delivered to the Prelates, but justice shall be 
 
 in the origi- 
 
 nal edition, executed upon them as upon other lay people. 
 Statutum de In an Act made at a Parliament holden at Car- 
 i. Carlisle.' lisle in the 25th year of the said King Edward the 
 tit d E s 2 soin 24! First, it is declared, that the holy Church of Eng- 
 
 sVSd T n l an( * was founded in the state of prelacy within the 
 
 See Parsons' re alm of England, by the King and his progenitors, 
 
 Coke's 5 Rep. &c., for them to inform the people in the law of God, 
 
 36. and to keep hospitality, give alms, and do other 
 
 works of charity, &c. And the said Kings in times 
 
 past were wont to have their advice and counsel for 
 
 the safeguard of the realm when they had need of 
 
 [*i3b.] such * prelates and clerks so advanced; the Bishop 
 
 firsfattempt f R me usurping the seigniories of such benefices, 
 
 was to usurp faft ye an( j g ran t the same benefices to aliens which 
 
 upon such 
 
 ecclesiastical did never dweh 1 in England, and to Cardinals which 
 
 things as per- 
 
 tained to the might not dwell here, &c., in adnullation of the state 
 
 of the holy Church of England, disherison of the 
 s?oodin great King, Earls, Barons, and other nobles of the realm, 
 awe of the an( j i n offence and destruction of the laws and rights 
 
 Church of 
 
 Rome. Note of this realm, and against the good disposition and 
 
 nai edition, will of the first founders ; it was enacted by the King, 
 
 by assent of all the lords and commonalty in full 
 
 Parliament ; that the said oppressions, grievances, 
 
 Post 18. a. and damage in this realm from thenceforth should not 
 
 be suffered, as more at large appeareth by that Act. 
 
CAUDREY'S CASE. '23 
 
 In the Reign of King Edward the Second. 
 Albeit by the ordinance of Circumspecte agatis, 
 made in the 13th year of Edward I., and by general 
 allowance and usage, the Ecclesiastical Court held plea 
 of tithes, obventions, oblations, mortuaries, redemp- 
 tions of penance, laying of violent hands upon a clerk, 
 defamations, &c., yet did not the clergy think them- 
 selves assured nor quiet from prohibition * purchased [* 14 a.] 
 by subjects, until that King Edward the 2d., by his 9 E. 2. Arise. 
 letters patent under the great seal, in and by consent clm> c ' 16 * 
 of Parliament, upon the petitions of the clergy, had 
 granted unto them to have jurisdiction in those See the or- 
 
 1 * f 
 
 cases. The King, in a Parliament liolden in the csrcumspecte 
 
 9th year of his reign, after particular answers J 
 made to their petitions, concerning the matters 
 abovesaid, doth grant and give his royal assent in 
 these words : 
 
 " We desiring, as much as of right we may, to By this sta- 
 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 c. i Land by 
 the state of the said Church, and of the prelates and heretofore 
 clergy, ratifying and approving all and singular the thejurisdic- 
 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 warranted by 
 the same be inviolably kept for ever: willing and Parliament in 
 
 granting for us and our heirs, that the said prelates 
 
 and clergy and their successors for ever, do exercise now have 
 
24 CAUDREY'S CASE. 
 
 jurisdiction, ecclesiastical jurisdiction in the premises according to 
 la7s S m h ,ybe the tenor of the said answer. 
 
 justly called, the King's ecclesiastical laws of England. Note in the original edition. 
 
 [NOTE. This pretended statute of Articuli Cleri was one of 
 the grievances of King Edward the 2d's reign. See Cotton's 
 Records, and Bohun's Law of Tythes, c. 8.] Note to former 
 edition. 
 
 In the Reign of King Edward the Third. 
 
 [* 14 b.] * An excommunication by the Archbishop, albeit it 
 
 Excom/4. be disannulled by the Pope or his legate is to be 
 
 (a) Co. Lit. (a) allowed : neither ought the judges to give any 
 
 64 f. Post allowance of any such sentence of the Pope, or his 
 
 16. a. In the i , 
 reignofE.3. le g ate ' 
 
 (6) Co. Lit. It is often resolved that all the (b) bishopricks 
 75. b." within England were founded by the King's pro- 
 genitors, 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 six 
 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 six months, the 
 metropolitan of that diocese shall confer one to that 
 church : and if he also leave the church destitute by 
 the space of six months, then the common law giveth 
 to the King, as to the supreme within his own king- 
 dom, and not to the Bishop of Rome, power to 
 provide a competent pastor for that church. 
 17 E. 3. 23. The King may not only exempt any ecclesiastical 
 person from the jurisdiction of the ordinary, but may 
 
CAUDREY S CASE. 25 
 
 grant unto him episcopal jurisdiction. As thus it 
 appeareth there the *King hath done of ancient time [* 15 a.] 
 to the Archdeacon of (c) Richmond. 134. a. 20 E. 
 
 All (d} religious or ecclesiastical houses, whereof (^ 
 the King was founder, are by the King exempt from *? E - 3 - 1J - 
 
 .1 it. JLSrG* ool/ 
 
 ordinary jurisdiction, and only visitable and corrigible 21 E. 3. GO. 
 by the King's Ecclesiastical Commission. F.N.B. 
 
 The Abbot of Bury in Suffolk was exempted from 20 E. 3. Tit. 
 episcopal jurisdiction by the King's charter. 
 
 The King presented to a benefice, and his pre- 21 E. 3. 40. 
 sentee was disturbed by one that had obtained bulls 
 from Rome, for which offence he was condemned to 
 perpetual imprisonment, &c. 
 
 Tithes (a) arising in places out of any parish the Tithes arising 
 King shall have, for that he having the supreme chial places 
 ecclesiastical jurisdiction, is bound to provide a suffi- King? tc 
 cient pastor that shall have the cure of souls of that ^E. ^'^- 
 place which is not within any parish : and by the () Seld - de - 
 
 J J cimis, 365. 
 
 common laws of England it is (b) evident, that no Ace. 8 Price 
 man, unless he be ecclesiastical, or have ecclesiastical Ab. Dismes. 
 jurisdiction, can have inheritance of tithes. Quaere Si^Dismes* 
 dehoc? T C> ?- C 7 C - 2 
 
 Inst. 647. 
 (b) Co. Lit 139 a. 2 Co. 44. a. Cr. El. 512. 
 
 The King shall present to his free chapels (in 27 E. 3. f. 84. 
 default of the dean) by lapse, in respect of his 
 supreme ecclesiastical jurisdiction. And Eitzherbert 
 saith, that the King in that case doth * present by [*i5b.] 
 lapse as (c) ordinary. SsfbT 1 ' 
 
 An excommunication under the Pope's bull is o f 3 . E - 3 - 1 J. b - 
 
 Ass. pi. 19. 
 
 no force to disable any man within England: and 12 H. 4.16. 
 
 J 14 H. 4. 14. 
 
 the Judges said, that he that pleadeth such bulls, 8 H. 6. fol. 3. 
 
26 CAUDREY'S CASE. 
 
 35 H. 6. 42. though they concern the excommunication of a sub- 
 7 E. i. 14. ject, were in a hard case, if the King would extend 
 ^f 64F his justice against him. If excommunication being 
 
 Vid.9E.4.f.3. the extreme and final end of any suit in the Court at 
 
 Hereafter f. 9 
 
 Rome, be not to be allowed within England; it 
 consequently followeth, that by the ancient common 
 l aws f England, no suit for any cause though it be 
 
 m England, spiritual, rising within this realm, ought to be 
 
 Post23b.26a. J 
 
 determined in the Court of Koine ; quia frustra 
 expectatur eventus cujus eiFectus nullus sequitur : and 
 that the Bishops of England are the immediate 
 
 Videawfeiib. officers and ministers to the King's Courts. 
 
 31 E. 3. Tit. In an attachment upon a prohibition, the defend- 
 ant pleaded the Pope's bull of excommunication of 
 the plaintiff. The Judges demanded of the defendant 
 if he had not the certificate of some bishop within 
 the realm, testifying the excommunication ; to whom 
 the counsel of the defendant answered, that he had 
 not, neither was it as he supposed necessary : for that 
 the bulls of the Pope under leadf were notorious 
 [* 16 a ] * enough : but it was adjudged that they were not 
 sufficient, for that the Court ought not to have regard 
 
 (a) Ante 14 b. to any excommunication (a) out of the realm. And 
 
 FN.B. 64. ' f! therefore by the rule of the Court, the plaintiff was 
 not thereby disabled. 
 
 (5) 2 Roll. Reges (b) sacro oleo uncti, sunt spiritualis iurisdic- 
 
 Rep. 451. 
 
 Dav. 4. a. tionis capaces. 
 
 oo ~p O rpjj- 
 
 Aid Roy 10.3. Where a prior is the King's debtor, and ought to 
 38 Ass. pi. 20. k ave tithes of another spiritual person, he may choose 
 either to sue for subtraction of his tithes in the Eccle- 
 f Sub sigillo plumbeo. See note at end of the Case, p. 67. 
 
CAUDREY'S CASE. 27 
 
 siastical (c) Court, or in the Exchequer, and yet the (c) Co. Lit. 
 persons and matter also were ecclesiastical : for seeing 2 Cc> a 44 a. 
 the matter by a mean f concerneth the King, he may 
 sue for them in the Exchequer as well as in the Eccle- 
 siastical Court, and there shall the right of tithes be 
 determined. And Fitzherbert, in his Nat. Bre. See Bohun of 
 fol. 30 holdeth, that before the statute of 18 Ed. 3. Tithes ' ch * 8 " 
 cap. 7, right of tithes was de terminable in the 
 temporal Courts at the election of the party; and by ( a )Perk.sect. 
 that statute assigned to be determined in the Eccle- 
 
 siastical Court, and the temporal Court excluded 2 ^ olL 217 - 
 
 JLllSt* *> 1 , 
 
 thereof: and the courts of divers manors of the 488. n H. 7. 
 King, and of other lords in ancient times had the Testament27. 
 (a) probates of last wills and testaments, and it y^Jr 207. 
 appeareth by 11 * H. 7. fol. 12 that probate of Se 
 
 testaments did not appertain to the Ecclesiastical de Testa- 
 
 mentis 9, 10. 
 
 Court, but that of late time they were determmable 5 Co. 73. b. 
 
 ,-, * i 1-1 See the sta- 
 
 there: so as of such causes, and in such manner as tuteof 15E.3. 
 
 the Kings of the realm by general consent 
 allowance have assigned to their Ecclesiastical Courts, 
 they have jurisdiction by force of such allowance. 
 
 The King did by his charter translate Canons 38 Lib. Ass. 
 secular into regular and religious persons ; which he p 
 did by his ecclesiastical jurisdiction, and could not do 
 it unless he had jurisdiction ecclesiastical. 
 
 The Abbot of Waltham died in the 45th year of46E. 3. Tit. 
 
 Ed. 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 
 
 | Mediate. See note at end of the Case, p. 67. 
 
28 CAUDREY'S CASE. 
 
 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 spiritual grace, and at the request (as he 
 feigned) of the King of England. This bull was read 
 and considered of in Council, that is, before all the 
 [* 17 a.] 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 hand, as more at large by the 
 said case appeareth. 
 
 49 E. 3. lib. Where the Abbot of Westminster had a Prior and 
 ss - P ' convent who were regular and mort (dead) in law, 
 yet the King by his charter did divide that corpora- 
 tion, and made the Prior and convent a distinct and 
 capable body, to sue and be sued by themselves. 
 Statute de 25 At (a) a Parliament holden in the 25th year of 
 provisoribus G King Edward the Third : it was enacted, by consent 
 W. 3 Jon. 7 i6o a ' of the whole Parliament, that as well they that obtained 
 provisions from Rome, as they that put them in execu- 
 tion, should be out of the King's protection : and that 
 a man might do with them, as with the enemies of 
 the King; and he that offended against such pro- 
 visors 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 offender as a 
 
CAUDREY'S CASE. 29 
 
 common enemy against the King and his country, so 
 heinous were such offences then holden.f 
 
 Afterwards, in the same 25th year of King Edward statute de 25 
 the Third, it was in open Parliament, * by the grievous ' 
 
 complaints of all the Commons of this realm, showed t* l7 
 that the grievances and mischiefs aforesaid did daily 
 abound to the great damage and destruction of all 
 this realm, more than ever were 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 archbishop- 
 ricks, abbeys, and priories, as all other dignities, and 
 other benefices of England which were of the advowry 
 of people of holy Church, and gave the same as well 
 to aliens as to citizens, and taketh 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 purchasers of 
 such graces ; and also by such privy reservations many 
 clerks advanced in the realm by their true patrons, 
 which had peaceably holden their advancements by 
 long time, were suddenly put out. Whereupon the 
 
 " f The 5 Eliz. c. 1, sect. 21, was passed to obviate this, and provided 
 that it should not be lawful to slay a person attainted upon any Preemu- 
 nire. The 9 and 10 Viet. c. 59, by totally repealing 5 Eliz. c. 1, may 
 have had an effect which its framers could never have contemplated, viz., 
 that of placing a person convicted upon a Preemunire so completely 
 out of the protection of the law, as that any one might kill him with 
 impunity." Note to page 233 of Mr. Stamp's Index to the Statute 
 Law of England, to the Close of the Session, 10 and 11 Victoria, 1847. 
 Mr. Stamp adds," The strangeness of the incident has led to its 
 selection out of the many instances which might be adduced of the want 
 of care and consideration in the framing of Acts of Parliament." 
 
30 CAUDREY'S CASE. 
 
 said Commons did pray their said Sovereign Lord 
 Note. the King, that sithence the right of the Crown of 
 England, and the law of the said realm was such, that 
 upon the mischiefs and damages which happened to his 
 realm, he ought, and was bound of the accord of the said 
 [* 18 a ] people, therefore to provide * remedy and law for the 
 avoiding the mischiefs and damage which thereof came, 
 that it might please him thereupon to ordain remedy. 
 The said King Edward 3, seeing the mischiefs and 
 damages before named, and having regard to the 
 statute made in the time of his grandfather, King 
 
 Ante 13. b. Edward 1, and to the causes contained in the same, 
 which statute holdeth always his force, and was 
 
 Nota. never defeated nor annulled in any point : and foras- 
 
 much 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 sithence 
 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 damage and mischiefs 
 which had happened, and daily did happen to the 
 Church of England by the said cause, by the assent 
 of ah 1 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 
 
 Vide 10 E. 3. establish, that the free election of Archbishops, 
 Bishops, and ah 1 other dignities and benefices electory 
 in England, should hold from thenceforth in the 
 manner as they were granted by the King's progeni- 
 
CAUDREY'S CASE. 31 
 
 tors, * and founded by the ancestors of other lords : [* 
 and that all Prelates, and other people of the 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 do Divine service, and other 
 charges thereof ordained, should have their collations 
 and presentments freely, in the manner as they were 
 infeoffed by their donors. And in case that reserva- 
 tion, collation, or provision be made by the Court of 
 Rome, of any Archbishoprick, Bishoprick, dignity, 
 or other benefice in disturbance of the election, colla- 
 tions, or presentations aforenamed : that at the time 
 of the avoidance, that such reservations, collations, 
 and provisions ought to take effect, the said King 
 Edward 3 and his heirs should have and enjoy for the 
 same time collations to the Archbishopricks and other 
 dignities elective, which be of his avowry, such as his 
 progenitors had before that free election was granted, 
 sithence 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 choose, and after Note. 
 the election to have his Royal assent, and not in other 
 manner : which conditions not kept, the King ought 
 by reason to resort to his first nature * (institution), [* 19 a.] 
 as by the said Act more at large appeareth. 
 
 In the 27th year of the reign of the same King, it statutum de 
 
 , . , ,,. . - r 27 Ed. 3. st. 
 
 was grievously complained to the King, in a rariia- 1. c . i. stat. 
 ment then holden by the great men and Commons of of Prsemu - 
 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 
 
 nire. 
 
32 CAUDREY'S CASE. 
 
 Court; and also that the judgments given in 
 the same Court were impeached in other Courts, 
 in prejudice and disherison of the King and 
 his crown, and of all the people of his said 
 realm, and in the undoing and destruction of the 
 Common Law of the same realm at all times used : 
 whereof, upon good deliberation 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 
 allegiance, of what condition that they be, which 
 should draw any out of the realm, in plea whereof the 
 conusance pertained to the King's Court, or of things 
 whereof judgments were given in the King's Court, 
 or which did sue in any other Court, to defeat or 
 impeach the judgment given in the King's Court, 
 should incur the danger of Preemunire, as by the said 
 Act appeareth. 
 [* i9b.] *To nourish love, peace, and concord between holy 
 
 38Ed.3.st.2 * 
 
 Church and the realm, and to appease and cause to 
 cease the great hurt, perils, and insupportable losses and 
 grievances that had been done and happened in times 
 past, and that should happen hereafter, if the thing 
 from henceforth be suffered to pass, because of 
 personal citations and other matters that be passed 
 before this time, and commonly did pass 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 
 
CAUDREY'S CASE. 33 
 
 of benefices and offices of Holy Church, pertaining to 
 the gift, presentation, donation, and disposition of the 
 King, and that other lay patrons of this realm as of 
 churches, chapels, and other benefices appropriated to 
 cathedral churches, abbeys, priories, chauntries, hospi- 
 tals, and other poorhouses, 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 laws, usages, customs, and franchises of 
 the said realm, had been and were greatly appaired, 
 blemished, and * confounded, the Crown of their [* 20 a.j 
 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 services, 
 hospitalities, alms-deeds, and works of charity with- 
 drawn and misapplied, the commons and subjects of 
 the realm in body and goods consumed, &c. 
 
 The King at his Parliament holden at Westminster, Stat. de 38 E. 
 in the * vtas of St. Hilary, the 38th 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 Note. 
 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 ; 
 * i.e., the octave of Hilary Term. J. L. 
 D 
 
34 
 
 CAUDREYS CASE. 
 
 which ordinances and provisions, and all the other 
 made in his time, and especially in the 25th and 27th 
 years of his reign, the King, by the assent and express 
 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 
 [* 20 b.] advisement, did approve, accept, * and confirm, as by 
 the said Act appeareth. 
 
 But those which should execute the said good laws 
 against such capital offenders 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 slanderous reports. 
 
 King Richard the Second. 
 
 Against an Incumbent of a Church in England, 
 another sueth a provision in the f Church of Rome, and 
 there pursueth until 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 plaintiff, and thereupon he 
 became nonsuit. 
 [* 21 a.] * It is declared by that Parliament, that the Crown 
 
 flp 
 
 ;a p . of England hath been so free at all times, that it hath 
 been in subjection to no realm, but immediately 
 f In curia Romana. See the note at the end of the Case, p. 67. 
 
CAUDREY'S CASE. 35 
 
 subject to God, and none other, and that the same 
 ought not, in anything touching the regalty of the 
 same Crown, be submitted to the Bishop of Rome, 
 nor the laws and statutes of this realm by him frus- 
 trated or defeated at his will, to the perpetual destruc- 
 tion 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 Parlia- 
 ment, how they thought of the cases aforesaid, which 
 were so openly against the King's Crown, and * in [* 21 b.] 
 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 
 
 D 2 
 
36 CAUDREY'S CASE. 
 
 all other cases which should be attempted against the 
 said Crown and Regalty in all points, with all their 
 power. And moreover it 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 made 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 
 [* 22 a.] 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 prelates 
 of the same realm, which prelates were very profitable 
 and necessary to the King and to his said realm ; or 
 that his sage men of his Council, and without his 
 assent and against his will be withdrawn and eloyned 
 out of the realm, so that the substance and treasure 
 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 
 
CAUDREY'S CASE. 37 
 
 with the King in these cases, lawfully in maintaining of 
 his Crown, and in aU other cases touching his Crown 
 and his Regalty as they were bound by their allegi- 
 ance. 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 C* 22 b -l 
 lord, against him, his Crown and his Regalty or his 
 realm, as is aforesaid ; and they which bring within 
 the realm, or them receive, or make thereof notifica- 
 tion, or any other execution within the same realm or 
 without ; that they, their notorious procurators, main- 
 tainers, 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 process to be Co.Litiso.a. 
 
 Al i -n r - F.N.B. 169.f. 
 
 made against them by rrsemunire lacias, 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 i H. 4. fol. 9. 
 have the Pope's bulls for that purpose, hath no juris- 
 diction within this realm, and there the Archbishops 
 
38 CAUDREY'S CASE. 
 
 and Bishops, &c. of this realm are called the King's 
 spiritual Judges. 
 
 F.N.B. 269. By the ancient laws ecclesiastical of this realm, no 
 [* 23 a.] ' * man could be convicted of heresy, being high treason 
 Thish' d a g ams t the Almighty, but by the Archbishop and all 
 semblance to the clergy of that province, and after abjured there- 
 of treason, upon, and after that newly convicted and condemned 
 first bv the C ^ er g7 f that province in their general council 
 
 an indictment O f convocation : but the statute of 2 H. 4. c. 15, doth 
 
 by one jury, 
 
 and a convic- give the Bishop in his diocese power to condemn an 
 
 tion by the D 
 
 other. Note heretic ; and that before that statute he could not be 
 edition committed to the secular power to be burnt until he 
 
 once abjured, and was again relapsed to that or 
 De Haeretico S0 me other heresy : whereby it appeareth that the 
 
 comburendo .... 
 
 founded, King by consent of Parliament directed the proceed- 
 annulled by ings in the Ecclesiastical Court in case of heresy, and 
 2^. 9. Note ther matter more spiritual. 
 
 The P P e cannot alter the laws of 
 
 The Judges say that the statutes which restrain 
 
 the Pope's provisions to the benefices of the advow- 
 sons of spiritual men, were made, for that the spiri- 
 tualty durst not in their just cause say against the 
 Pope's provisions : so as those statutes were made, 
 t And so are but in affirmance of the common laws.f 
 whichrestrain Excommunication made by the Pope is of no force 
 in England, and the same being certified * by the 
 
 into an Court in Enland unt not to be 
 
 11 H. 4. 69. allowed, neither is any certificate of any excommuni- 
 
 [23b.] 14H.4.F. 14. Vide 30 E. 3. lib. Ass. pi. 19. before. Vide 13 E. Cert i- 
 ficat, 6. Vide 20 H. 6. b. 35 H. 6. 42. 7 Ed. 2. 14. F.N B. 64. F. Ante 15. b. Post 
 26. b. 27. a. 
 
CAUDREY'S CASE. 39 
 
 cation available in law but that which is made by Note, Bishops 
 some Bishop of England, for the Bishops are by the 
 
 common laws the immediate officers and ministers of N te . to f ormer 
 
 edition. 
 
 justice to the King's Courts in causes ecclesiastical. 14 H. 4. 14. 
 
 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 assoyle 
 and absolve the party. 
 
 If any person of religion obtain of the Bishop of Statute de 2 
 Rome to be exempt from obedience regular or 
 ordinary, he is in case of Praemunire, which is an 
 offence as hath been said, contra regem, coronam et 
 dignitatem suas. 
 
 The Commons did grievously complain to the King, Statute de 6 
 at the Parliament holden in the sixth year of Hen. 4, 
 of the horrible mischiefs and damnable customs 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 [* 24 a -l 
 for the first fruits of the same archbishoprick or bishop- 
 rick, as for the other less services in the same Court ; 
 and that the same sums or the greater part thereof 
 be paid beforehand, which sums passed the treble or 
 the double at the least of that that was accustomed of 
 old time to be paid to the said chamber, and other- 
 wise by the occasions of such provisions, whereby a 
 great part of the treasure 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 
 
40 CAUDREY'S CASE. 
 
 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 damage 
 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 [who] should pay to the said chamber or 
 otherwise, for such fruits and services greater sums of 
 money than had been accustomed to be paid in old 
 [* 24 b.] 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. 
 Statute de 7 No person, religious or secular, of what estate or 
 
 H. 4. cap. 6. 
 
 condition that he were, by colour ot any bulls, con- 
 taining privileges to be discharged of tithes pertaining 
 to parish churches, prebends, hospitals, vicarages, 
 purchased before the first year of King Richard the 
 Second, or after, not executed, should put in execu- 
 tion any such bulls so purchased, or any such bulls to 
 be purchased in time to come, upon the pain of a 
 Prsemunire, as by the said Act appeareth. 
 
 In the Reign of King Henry V. 
 
 Statute de 3 In an Act of Parliament made in the third year of 
 King Henry 5, it is declared, that whereas in the 
 time of King Henry 4, father to the said King, the 
 7th year of his reign, to eschew many discords and 
 
CAUDREY'S CASE. ^ 
 
 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 license 
 thereupon granted by the said late King, amongst 
 other things it was ordained and established, *that [* 25 a.] 
 no such license 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 license or pardon granted : Note. 
 nevertheless divers persons, having provisions of the 
 Pope of divers benefices in England and elsewhere, 
 and licenses royal to execute the same provisions, 
 have by colour of the same provisions, licenses, and 
 acceptations of the said benefices, subtily 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 duly made to their 
 intent, to the utter destruction and enervation of 
 the estates 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 pre- 
 sentation of spiritual patrons, might quietly and 
 peaceably enjoy their said benefices without being 
 inquieted, molested, or any ways grieved by any 
 colour of such provisions, licenses, and acceptations; 
 and that all the licenses and pardons upon and by 
 such provisions made in any manner, should be void 
 and of no valour; and if any feel himself * grieved, [*25b.] 
 molested, or inquieted, in any wise from thenceforth 
 by any by colour of such provisions, licenses, pardons, 
 
42 CATJDREY'S CASE. 
 
 or acceptations, that the same molestors, grievors or 
 inquietors and every of them, have and incur the 
 pains and punishments contained in the statutes of 
 provisors before that time made, as by the said Act 
 appeareth. 
 
 Statute de 2 A statute was made for the extirpation of heresy, 
 cap. 7. and lollardy (a) whereby full power and authority 
 
 was gi yen to tne justices of peace and justices of 
 as cockle is ass i se to enquire of those that hold errors, heresies. 
 
 the destruc- 
 
 tion of the or lollardy, and of their maintainsrs, &c. And that 
 heresy the de- the sheriff or other officers, &c. may arrest and 
 
 struction of i i n ^ 
 
 true reli- apprehend them.* 
 
 gion,t Note 
 
 in the original En diabolicae fructus religioms. 
 
 xition. j. p er p eram sane) sec i potius a Gaultero Lolhard Germanico 
 
 quodam, qui floruit circa annum Dom. 1315. Spelm. Gloss. 
 Tit. Lollardia. 3 Inst. 43. Linwood, 300. 3 Inst. 43. Note to 
 former edition. 
 
 Stat. de 2 H. The King by consent of Parliament giveth power 
 ' to ordinaries to enquire of the foundation, creation, 
 and governance of hospitals, other than such as be 
 of the King's foundation, and thereupon to make 
 correction and reformation according to the eccle- 
 siastical law. 
 
 In the Hcign of King Henry VI. 
 [*26a.] * Excommunication (a) made and certified by the 
 
 Q TT C> T O 
 
 () Ante 15. Pope is of no force to disable any man within Eng- 
 2 7 23 ^ a ' b ' p st land: and this is by the ancient common laws before 
 any statute was made concerning foreign jurisdiction. 
 
 * i.e. (" ad comburendos.") This follows in the Latin. See 
 note at end of the Case, p. 67. 
 
CAUDREY'S CASE. 43 
 
 The (&) King only may grant or license to found a 9H.6.f.i6.b. 
 
 . ., , . ,. (6)4Co.l07.b. 
 
 spiritual incorporation. Dy. si. pi. 64. 
 
 In the reign of King Henry the Sixth, the Pope 1 H. 7. 10. 
 writ letters in derogation of the King and his Regalty, 
 and the Churchmen durst not speak against them; 
 but Humfrey Duke of Gloucester for their safe keep- 
 ing put them into the fire. 
 
 In the Reign of King Edivard IV. 
 
 In the reign of King Edward the Fourth, the Pope 1 H. 7. 20. 
 granted to the Prior of St. John's, 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 judgment of the law the 
 same was disallowed. 
 
 * There it appeareth that the opinion of the King's [* 26 b.] 
 Bench had been oftentimes, that if one spiritual person F.N.B. f. 44 
 sue another spiritual man in the Court of Rome for a herewith! 
 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 Praemunire : an heinous Nota. 
 offence, being contra ligeantise suse debitum, in con- 
 temptum domini Regis, et contra coronain et dignita- 
 tem 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 spiritual, did seek for justice out of the realm, 
 as though either there wanted jurisdiction, or justice 
 
44 CAUDREY'S CASE. 
 
 was not executed in the Ecclesiastical Courts within 
 
 the same; which (as it hath been said) was an high 
 
 offence contra Regem, coronam et dignitatem suas. 
 
 9 E.^4. 28 Bo- In the King's Courts of Record, where felonies are 
 
 Leg. Angiiaj determined, the Bishop or his deputy ought to give 
 
 nljHale'sPl. hi s attendance, to the end that if any that is indicted 
 
 Cor. 240. anc [ 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 
 
 [*27a.] read as a clerk or not, whereof notwithstanding* the 
 
 (a] Stanf Cor. ordinary is not to judge, but is a (a) minister to the 
 
 4. 29. accord! King's Court ; and the Judges of that Court are to 
 
 judge of the sufficiency or insufficiency of the party, 
 
 whatsoever the ordinary do inform them, and upon 
 
 due examination of the party, may give judgment 
 
 against the ordinary's information, for the King's 
 
 Judges are the proper and only Judges of the cause. 
 
 12. E.4.f. 16. 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 Calais, to have come into Eng- 
 land, 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 Hen. 7, fol. 10. 
 
 In the Reign of King Richard III. 
 2 R. 3. f. 22. It is resolved by the Judges, that a judgment or 
 
CAUDREY'S CASE. 45 
 
 excommunication *in the Court of Rome should not [*27b.] 
 bind or prejudice any man within England at the 
 common law. 
 
 In the Reign of King Henry VII. 
 
 In the reign of King Henry VII., the Pope had ex- 1 H. 7 f. 10. 
 communicated all such persons whatsoever as had 
 bought alum of the Florentines ; and it was resolved 
 by all the Judges of England that the Pope's excom- 
 munication 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 Statut.de 1H. 
 Henry VII., for the more sure and like reformation of 
 priests, clerks, and religious men, culpable, or by their 
 demerits openly noised of incontinent living in their bo- 
 dies, contrary to their order ; it was enacted, ordained, 
 and established, by the advice and assent of the Lords Spi- 
 ritual and Temporal, and the Commons in the said Parlia- 
 ment assembled, and by authority of the same, that it be 
 lawful to all Archbishops and Bishops, and other ordi- 
 naries, 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 * lawful [* 28 a.] 
 proof requisite by the law of the Church, of adultery, 
 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 discre- 
 tions convenient for the quality and quantity of their 
 trespass, and that none of the said Archbishops, 
 
46 CAUDREY'S CASE. 
 
 Bishops, or ordinaries aforesaid, be thereof chargeable, 
 of, to, or upon any action of false or wrongful impri- 
 sonment, but that they be utterly thereof discharged 
 in any of the cases aforesaid, by virtue of his act. 
 
 10 H. 7. is. Rex (a) est persona mixta, because he hath both 
 2Co/44. &. 13 ecclesiastical and temporal jurisdiction. 
 
 ^'A 7 ' ' H ? b ' By the ecclesiastical laws allowed within this 
 
 17. Davis 4. a. J 
 
 11 H. 7. 12. realm, a priest cannot have two (8) benefices, nor a 
 (c) Hob. 147. (c) bastard can be a priest. But the King may by his 
 
 ecclesiastical power and jurisdiction dispense with 
 both of these, because they be mala prohibita, and not 
 mala per se. 
 
 In the Reign of King Henry VIII. 
 Statute of 24 By an Act of Parliament made the 24th year of 
 
 TT Q C 12 
 
 This statute is King Henry VIII., that is to say, by the King, 
 
 Bishops, twenty-nine abbots, and priors 
 
 laws of England, as manifestly appeareth by that which hath been said. See Br. Abr- 
 tit. Presentment al Esglise pi. 12. The Pope was permitted to do certain things 
 within this realm by usurpation, and not of right, until the reign of H 8. Note in 
 the original edition. 
 
 [* 28 b.] (for so many were then Lords of Parliament),* by all 
 the Lords Temporal and the Commons in that Parlia- 
 ment assembled, it is declared, that where by divers 
 sundry old authentic 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, 
 (a) Ante 8. b. having the dignity and Royal estate of the (a) Impe- 
 rial Crown of the same, unto whom a body politic 
 compact of all sorts and degrees of people, divided in 
 
CAUDREY'S CASE. 47 
 
 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 fur- 
 nished by the goodness and furtherance of Almighty 
 God, with plenary, whole, and entire power, pre-emi- 
 nence, authority, prerogative, and jurisdiction, to 
 render and yield justice and final determination to all 
 manner of folks, 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 foreign 
 princes or potentates of the world : the body spiritual 
 whereof having power when any cause of the law Di- 
 vine happened to come in question, or of spiritual learn- 
 ing; *that it was declared, interpreted, and showed by [* 29 a.] 
 that part of the said body politic, called the spiritualty, 
 then being usually called the English Church, which 
 always 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 itself without the 
 intermeddling of any exterior person or persons, to 
 declare and determine all such doubts, and to admi- 
 nister all such offices and duties as to the * rooms spi- 
 ritual did appertain : for the due administration 
 whereof, and to keep them from corruption, and 
 sinister affection, the King's most noble progenitors, 
 and the ancestors of the nobles of this realm, did 
 more than sufficiently endow the said Church both 
 
 * Ad spiritualem ordinem. See note at end of the Case, 
 p. 67. 
 
48 CAUDREY'S CASE. 
 
 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 rapine or spoil, was, and then was ad- 
 ministered, adjudged, and executed by sundry Judges 
 and ministers of the other part of the said body 
 politic called the Temporalty, and both their authori- 
 ties and jurisdictions did conjoin together in the due 
 administration of justice, the one to help the other : 
 [*29b.] 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 of 
 King Edw. 1, Edw. 3, Rich. 2, H. 4, and other noble 
 kings of this realm, made sundry ordinances, laws, 
 statutes, and provisions, for the entire and sure con- 
 servation of the prerogatives, liberties, and pre-emi- 
 nences of the said Imperial crown of this realm, and 
 of the jurisdiction spiritual and temporal of the same, 
 to keep it from the annoyance as well of the See of 
 Rome as from the authority of other foreign poten- 
 tates, attempting the diminution or violation thereof, 
 as often and from time to time as any such an- 
 noyance 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 Imperial Crown as aforesaid : 
 yet nevertheless sithence the making of the said good 
 statutes and ordinances divers and sundry inconve- 
 niences and dangers not provided for plainly by the 
 said former acts, statutes, and ordinances, have risen 
 
CAUDREY'S CASE. 49 
 
 and sprung by reason of appeals sued out of this 
 realm *to the See of Rome, in causes testamentary, [* 30 a .] 
 causes of matrimony and divorces, right of tithes, ob- 
 lations, and obventions, not only to the great inquieta- 
 tion, 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 let 
 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, so that the neces- 
 sary proofs nor the true knowledge of the cause could 
 neither 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, damages, long delays, and hurts, 
 that as well to his Highness as to his noble subjects, 
 commons, and resiants of this his realm, in the said 
 causes testamentary, causes of matrimony and di- 
 vorces, tithes, oblations, and obventions, did daily 
 ensue, did therefore, by his Royal Assent and by the 
 assent of the Lords Spiritual and Temporal and the 
 Commons *in that Parliament assembled, and by [* 30 b.] 
 authority of the same, enact, establish, and ordain, 
 that all causes testamentary, causes of matrimony, 
 and divorces, rights of tithes, oblations, and obven- 
 
50 CAUDREY'S CASE. 
 
 tions, the knowledge whereof by the goodness of 
 princes of this realm, and by the laws and customs of 
 the same, appertained to the spiritual jurisdiction of 
 this realm, then already commenced, moved, depend- 
 ing, being, happening, or hereafter coming in conten- 
 tion, 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, 
 This also is should be from thenceforth heard, examined, dis- 
 the anc5 cussed, clearly, finally, and definitively adjudged and 
 k Wf d^botb determined within the King's jurisdiction and autho- 
 b y 9 E. 4. 3. r ity and not elsewhere, in such Courts spiritual and 
 
 F.N.B.44.and 
 
 many other temporal of the same, as the natures, conditions, and 
 abovesaid. qualities of the causes and matters aforesaid in con- 
 ^riginal^di- Mention, or thereafter happening in contention should 
 tion. require, without having any respect to any custom, 
 
 use, or sufferance, in hinderance, let, or prejudice of 
 the same, or to any other thing used or suffered to the 
 [* 31 a.] contrary thereof, *by any other manner, person, or 
 persons, in any manner or wise : any foreign inhibi- 
 tions, appeals, sentences, summons, citations, sus- 
 pensions, 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 foreign 
 Courts or potentates of the world, or from and out of 
 this realm, or any other the King's dominions or 
 
CAUDREY'S CASE. 51 
 
 marches of the same, to the See of Rome, or to any 
 other foreign Courts or potentates, to the let or impe- 
 diment thereof, in any wise notwithstanding, as by the 
 said Act appeareth. 
 
 By an Act of Parliament in 25 H. 8, it is declared by Stat.25H.8.c. 
 
 . 21 This was 
 
 the King, Lords Spiritual and Temporal, and the Com- also declara- 
 
 mons in that Parliament assembled; that neither the 
 
 King, his heirs, nor successors Kings of this realm, nor ty ^ wh ? 
 
 hath been said 
 
 any of his subjects of this realm, nor of any other his do- appeareth. 
 minions, should from thenceforth sue to the said Bishop original edi- 
 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 licenses, dispensations, impositions, 
 faculties, grants, rescripts, delegacies, or any other in- 
 struments, or writings, of what kind, name, nature, 
 or quality soever *they be of, for any cause or matter, [* 31 b.] 
 for the which any license, 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 prelate of this realm : nor 
 of any manner of other licenses, dispensations, com- 
 positions, faculties, grants, rescripts, delegacies, or 
 any other instruments or writings, that in causes of 
 necessity might lawfully be granted without offending 
 of the holy Scripture and laws of God ; but that from 
 thenceforth every such license, dispensation, composi- 
 tion, faculty, grant, rescript, delegacy, instrument, and 
 other writing aforenamed and mentioned necessary 
 for the King, his heirs, and successors, and his and 
 
 E 2 
 
52 CAUDREY'S CASE. 
 
 their people and subjects, upon due examination of 
 the causes and qualities of the persons procuring such 
 dispensations, licenses, 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 
 [* 32 a.] 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 such licenses, 
 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 at the See of Rome, or any person or 
 persons by authority of the same ; and all other 
 licenses, 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 suc- 
 cessors, and the wealth and profit of this his realm : 
 so that the said Archbishop, or any of his successors, 
 Note. in no manner or wise should grant any dispensation, 
 
CAUDREY'S CASE. 53 
 
 license, rescript, or any other writing before re- 
 hearsed, for any cause or matter repugnant to the 
 law of Almighty God, as by the said Act also ap- 
 peareth. 
 
 *If it be demanded what canons, constitutions, [*32b.] 
 ordinances, and synodals provincial, are still in force between the 
 within this realm ; I answer that it is resolved and not h 
 enacted by authority of Parliament, that such as [have S ^ 
 
 been allowed by general consent and custom within tantamount 
 
 * are contained 
 
 the realm, and! are not contrariant or repugnant to in the expired 
 
 Act 25 H. 8. 
 
 the laws, statutes, and customs of the realm, nor to cap . 16. 
 the damage or hurt of the King's prerogative royal, ^.^44.^' 
 are still in force within this realm, as the King's Mi( Mieton 
 
 v. Crofts 
 
 ecclesiastical laws of the same (a). Now, as consent 2 Atk. 669. 
 
 2 Wils. 185, 
 
 and custom hath allowed these canons, so no doubt Vol. vi. p. 413. 
 by general consent of the whole realm, any of the This appear- 
 
 eth by the re- 
 
 same may be corrected, enlarged, explained, or ab- solution of all 
 
 -IT-, . n the Judges in 
 
 rogated. ror example, there is a decree that all 7 H. 8. Lib. 
 
 clerks that have received any manner of orders, ^d^this was* 
 greater or smaller, should be exempt, pro causis 
 
 criminalibus before the temporal judges. This de- Parliament 
 cree never had any force within England : first, for against 
 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 original edi- 
 
 1 L . tion. 
 
 precedents : thirdly, it was against the prerogative Pars. Answ. 
 
 and sovereignty of the King that any subject within 
 
 this realm * should not be subject to the laws of this [* 33 a.] 
 
 realm. 
 
54 CAUDREY'S CASE. 
 
 In the Reiyn of Queen Elizabeth. 
 
 B ^ the Act of Parnament (whereupon the principal 
 zabeth, c . i. case then in question partly dependeth) made in the 
 first year of the reign of the late Queen Elizabeth, it 
 is declared, that where in the time of the reign of 
 King Henry the Eighth, divers good laws and 
 statutes were made and established, as well for the 
 utter extinguishment and putting away of all usurped 
 foreign powers and authorities 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 pre-eminence, to the same of right 
 belonging and appertaining; by reason whereof her 
 most humble subjects, from the 25th year of the said 
 King Henry the Eighth, were continually kept in 
 good order, and were disburdened of divers great 
 and intolerable charges and vexations, before that 
 time unlawfully taken, and exacted by such foreign 
 power and authority, as before that was usurped ; 
 s. 16. and to the intent, that all usurped and foreign power 
 [* 33 b.] and authority, spiritual 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 Parlia- 
 ment enacted, that no foreign prince, person, prelate, 
 state, or potentate, spiritual or temporal, should at 
 any time after the last day of that session of Par- 
 liament, use, enjoy, or exercise any manner of power, 
 
CAUDREY'S CASE. 55 
 
 jurisdiction, superiority, authority, pre-eminence, or 
 privilege, 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, custom, 
 constitution, or any other matter or cause whatsoever 
 to the contrary in any wise notwithstanding. And s. 17. 
 it was then also established and enacted by the 
 authority of that Parliament, that such jurisdictions, 
 privileges, superiorities, and pre-eminences, spiritual 
 or 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 [* 34 a .] 
 of errors, heresies, schisms, abuses, offences, con- 
 tempts, 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, s . is 
 her heirs and successors, Kings or Queens of this 
 realm, should have full power and authority by virtue 
 of that Act, by letters patent 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, 
 
56 CAUDREY'S CASE. 
 
 Vide ante i b. as the said Queen her heirs or successors should 
 think meet, to exercise, use, occupy, and execute 
 under the said Queen her heirs and successors, all 
 manner of jurisdictions, privileges, and pre-eminences, 
 in any wise touching or concerning any spiritual or 
 ecclesiastical jurisdiction within these realms of 
 England and Ireland, or any other her dominions or 
 countries, and to visit, reform, redress, order, correct, 
 and amend, all such errors, heresies, schisms, abuses, 
 offences, contempts, and enormities whatsoever, 
 [* 34 b.] which by any spiritual or * ecclesiastical power, 
 authority, or jurisdiction, could or might lawfully be 
 reformed, ordered, redressed, corrected, restrained, 
 or amended, to the pleasure of Almighty God, the 
 increase of virtue, 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 patent, 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 patent under the said Queen, her heirs or 
 successors, to exercise, use, and execute all the premises 
 according to the tenor and effect of the said letters 
 patent, any matter or cause to the contrary in any wise 
 notwithstanding, as by the said Act also appeareth. 
 
 i2Eliz.Reg. It was adjudged in the Court of Common Pleas,* 
 by Sir James Dyer, Weston, and the whole Court, 
 that a dean, or any other ecclesiastical person may 
 * Walrond v. Pollard (Dr. Goodman's case), 3 Dy. 293 b. J. L. 
 
CAUDREY'S CASE. 57 
 
 resign to the King, (as (a) divers did to King (a) Bulst. 4. 
 Edw. 6), for that he had the authority of the supreme 
 ordinary. 
 
 From the 1st until the llth year of the late Queen 
 Eliz. reign, no person of what persuasion of Christian 
 religion soever, at any time refused to come to the 
 public Divine service, celebrated * in the Church of C* 35 a.] 
 England, being evidently grounded upon the sacred of Campion 
 and infallible word of Almighty God, and established an a 
 
 by public authority within this realm ; but after the 
 bull of Pius Quintus was published against Her this bull &c - 
 Majesty in the llth year of her reign, containing 
 (amongst other things too long to be repeated for this 
 purpose) in these words : Pius, Bishop, servant of Psalm cix. 
 God's servants, &c. She (Queen Eliz.) hath clean tn e y C urse, g 
 put away the sacrifice of the mass, prayers, fastings, /^LordVand 
 choice or difference of meats, and single life: she let them , be , 
 
 confounded 
 
 possessing the kingdom,, and by usurping the place that rise up 
 of the supreme head of the Church in all England, butTet thy' 
 
 and the chief authority and jurisdiction of the same, jo^" which 
 hath again brought the said realm into miserable Hg S r t M a 3 ' r e a s t er 
 destruction. Unto her all such as are the worst of made when 
 
 . this bull was 
 
 the people resort, and are by her received into safe published 
 protection, &c. We make it known, that the said a jfotTm the 
 Elizabeth, and as many as stand on her side in the t ^ mal edl ~ 
 matter above named, have run into the danger of our 
 curse : we make it also knoAvn, that we have deprived 
 her from that right she pretended to have in the 
 kingdom aforesaid, and also from all and every her 
 authority, dignity, and privilege. We charge and 
 
58 CAUDREY'S CASE. 
 
 forbid all and every the nobles and subjects, and 
 [* 35 b.] 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 dis- 
 charged of such their oath, and also from all fealty 
 and service, 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 
 3 Inst. 101. 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 excommu- 
 nication within this realm against a subject thereof, 
 as it was adjudged in the reign of King Edward the 
 First, a fortiori it is treason in the highest degree 
 to publish such a Bull against the sovereign and 
 monarch herself. After this Bull many Bulls of abso- 
 lution and reconciliation to the Church of Rome were 
 published and dispersed amongst her Majesty's sub- 
 jects, to withdraw them from their natural loyalty 
 and allegiance to their sovereign ; whereupon no 
 [* 36 a.] small inconveniences (as * hereafter appeareth) fol- 
 lowed : and therefore at a Parliament holden in the 
 13th year of her reign, it was declared by the whole 
 body of the realm : " that divers seditious and very 
 
CAUDREY'S CASE. 59 
 
 ill-disposed people, minding very seditiously and un- 
 naturally, not only to bring this realm, and the im- 
 perial crown thereof (being in very deed of itself 
 most free) again into the thraldom and subjection of 
 the foreign usurped and unlawful jurisdiction, pre- 
 eminence 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 instruc- 
 tion, were most weak, simple, and ignorant, and 
 thereby furthest *from the good understanding of [*36b.] 
 their duties towards God and the Queen, did by their 
 lewd and subtil practices and persuasions 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 Note the 
 at the hands of the said naughty and subtil prac- Bull? 
 tisers ; whereby did grow great disobedience and bold- i. 
 ness in many not only to withdraw and absent 
 
60 CAUDREY'S CASE. 
 
 themselves from all Divine service, then most godly 
 
 2. set forth and used within this realm ; but also have 
 thought themselves discharged of and from all obe- 
 
 3. dience, duty, and allegiance to Her Majesty ; whereby 
 a most wicked and unnatural rebellion did ensue, and 
 
 4. to the further 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 re- 
 dress whereof, and to prevent the great mischiefs and 
 
 The parts of 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 
 
 1. same ; that if any person or persons, after the first 
 [* 37 a.] day *of July then next coming, should use or put in 
 
 use in any place within this realm, or in any the 
 Queen's dominions, any such Bull, writing, or in- 
 strument, written or printed, of absolution or recon- 
 ciliation 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 See of Rome : 
 
 2. 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 
 
CAUDREY'S CASE. 61 
 
 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, 3. 
 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 4. 
 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, [ 37 b.] 
 or any his successors, or 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 ways or means put in 
 use any such Bull, writing, or instrument ; that then 
 all and every such act or acts, offence and offences, 
 shall be deemed and adjudged by the authority of 
 the said Act to be high treason, and the offender and 
 offenders therein, their procurers, abettors, and coun- 
 sellors to the fact and committing of the said offence 
 or offences, should be deemed and adjudged high 
 traitors 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; and 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. 
 
62 CAUDIIEY'S CASE. 
 
 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 
 
 [* 38 a .] were grounded upon so disloyal a cause. *Now that 
 these speechless bulls were declared by Act of Parlia- 
 ment to be so dangerous ; then in place of them Jesuits 
 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 late Queen, 
 deprived her of her kingdom, and discharged all her 
 subjects of their oath, duties, and allegiance 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 Catholic cause, when need should require, 
 were, in the 21st year of the said late Queen's reign, 
 by the ancient common laws of England, indicted, 
 arraigned, tried, adjudged, and executed, for high 
 treason against their natural allegiance which they 
 owed their liege sovereign. But all this time there 
 was no Act of Parliament made either against recu- 
 sants, or Jesuits, or Priests, her Majesty still desiring 
 
 [* 38 b.] and expecting their * conversion, and that by clemency 
 
CAUDREY'S CASE. 63 
 
 and mildness they might be reclaimed to their former 
 obedience and conformity before the said Bull. After 
 Priests and Jesuits 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 Majesty in open Parliament, having with the 
 Lords Spiritual, Temporal, and Commons, mature con- The statutes 
 sideration of so weighty and important causes, in the E""Z ^ 
 23d year of her reign made two several laws : one 23 El. c . 2. 
 against the makers and publishers of seditious books, 
 ordaining that offence to be felony, another against 23 El. c. i. 
 recusants, inflicting the penalty of twenty pounds the ss 
 month for their recusancy : and yet upon their sub- 
 mission according to the Act, to be thereof freely and 
 absolutely discharged : (a mild and merciful law, 
 considering their former conformity, and the cause of 
 their revolt :) but after these Jesuits 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 V. [* 39 a.] 
 her Majesty was excommunicated, deprived of her 
 kingdom, and that her subjects were discharged of 
 all obedience to her, and by all means endeavoured 
 to withdraw them from their duty and allegiance to 
 her Majesty, and to reconcile them to the Church of Thestatutede 
 Rome. In the 27th year of her reign, by authority anno 27 Eliz. 
 
 . Reginae, c. 2. 
 
 of Parliament Her Majesty made it treason for any sinst. 101. 
 
64 CAUDREY'S CASE. 
 
 Jesuit or Romish Priest, being her natural-born 
 subject, and made a Romish Priest or Jesuit 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 per- 
 suasions and practices as are aforesaid, which without 
 controversy were high treason by the ancient common 
 laws of England : neither would ever any magnani- 
 mous King of England, sithence the first establish- 
 ment of this monarchy, have suffered any (especially 
 being his own natural-born subjects) to live, that 
 persuaded his subjects that he was no lawful King, 
 and practised with them (within the heart of this 
 realm) to withdraw them from their allegiance, and 
 [* 39 b.] 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 Jesuits and Priests are not 
 condemned and executed for their priesthood and 
 profession, but for their treasonable and damnable 
 persuasions and practices against the crowns and 
 dignities of Monarchs, and absolute Princes, who hold 
 their kingdoms and dominions by lawful succession, 
 and by inherent birthright and descent of inheritance, 
 (according to the fundamental laws of this realm,) 
 immediately of Almighty God, and are not tenants of 
 their kingdoms (as they would have it) at the will and 
 pleasure of any foreign potentate whatsoever. 
 
 Now albeit the proceedings and process in the eccle- 
 
CAUDREY'S CASE. 65 
 
 siastical 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 (a) King's law : for taking one example for many, (a) Cawley 
 
 every leet or view of frank-pledge holden by a subject, 142 ' 
 
 is kept in the (b) lord's name, and yet it is the King's (&) Cawley 
 
 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 [* 40 a -l 
 
 all their proceedings be according to the King's laws 
 
 and customs of the realm. 
 
 Observe (good reader) seeing that the determina- 
 tion of heresies, schisms, and errors in religion, order- 
 ing, examination, admission, institution, and depriva- 
 tion 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 men's descents and inheritances,) of 
 probate of testaments and letters of administration 
 (without which no debt or duty 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, Q. 
 how necessary it was for administration of justice, 
 that his Majesty's progenitors Kings of this realm did 
 by public authority authorize ecclesiastical 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 ; 
 
 F 
 
66 CAUDREY'S CASE. 
 
 which was done originally for two causes. 1. That 
 justice should be administered under the Kings of this 
 
 [*40b.] realm, * within their own kingdom, to all their 
 subjects, and in all causes. 2. That the Kings of 
 England should be furnished, upon all occasions either 
 foreign or domestical, with learned professors as well 
 of the ecclesiastical as temporal laws. 
 
 Thus hath it appeared as well by the ancient 
 common laws of this realm, by the resolutions and 
 judgments 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 later times, 
 that the kingdom of England is an absolute monarchy, 
 and that the King is the only supreme governor, as 
 well over ecclesiastical 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, judgments, 
 and Acts of Parliament, all public and in print, with- 
 out 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 read the authorities 
 herein cited. This case is reported in the English 
 
 [* 41 a.] and Latin 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 
 birthright and inheritance, and with such evidences 
 as of right belong to the same ; assuring myself that 
 
CAUDREY'S CASE. 67 
 
 no wise or true-hearted Englishman, that hath been 
 persuaded before he was instructed, will refuse to be 
 instructed in the truth (which he may see with his 
 own eyes), lest he should be dissuaded from error, 
 wherewith blindfold he hath been deceived : for 
 miserable is his case, and worthy of pity, that hath 
 been persuaded before he was instructed, and now 
 will refuse to be instructed, because he will not be 
 persuaded. 
 
 * # * This case was originally reported by Sir Edward Coke, 
 in English and Latin, sfce p. 66. In some instances, where the 
 English has appeared obscure, the Latin has been given in a 
 foot note. J. L. 
 
 F 2 
 
THE CASE OF PRJ1MUNIRE ; 
 
 OR, 
 
 THE CONVICTION AND ATTAINDER OF 
 
 ROBERT LALOR, PKIEST, 
 
 BEING INDICTED UPON THE STATUTE OF 16 B1CH. 2. CAP. 5. 
 HILARY, 4 JACOBI I. IN THE QUEEN'S BENCH IN IRELAND. 
 
 Reports of Sir John Davies, Knight, Attorney-General for Ireland. 
 Reprinted from the 8vo. edition of 1762. 
 
 THIS Robert Lalor, being a native of this kingdom, Of what qua 
 received his orders of priesthood above thirty years 
 since, at the hands of one Richard Brady, to whom was 
 the Pope had given the title of Bishop of Kilmore, in 
 Ulster; and for the space of twenty years together, 
 his authority and credit was not mean within the 
 province of Leinster. He had also made his name 
 known in the Court of Rome, and held intelligence 
 with the Cardinal who was protector of this nation, 
 by means whereof he obtained the title and jurisdic- 
 tion of Vicar-General of the see apostolic within 
 the archbishoprick of Dublin, and the bishopricks of 
 Kildare and Terns. This pretended jurisdiction, 
 extending well-nigh over all the province of Leinster, 
 he exercised boldly and securely many years together, 
 until the proclamation was published, whereby ah 1 
 Jesuits and priests ordained by foreign authority were 
 commanded to depart out of this kingdom by 
 
70 LALOR'S CASE. 
 
 a certain time prefixed. After which time he 
 began to lurk and to change his name ; how- 
 Hisapprehen-beit at last he was apprehended in Dublin, and 
 Examination, committed to prison in the castle there. Upon his 
 first examination, taken by the Lord-Deputy 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- General in the 
 three dioceses before named, and had exercised spiri- 
 tual jurisdiction in foro conscientia ; and in sundry 
 other points he maintained and justified the Pope's 
 authority : only he said, he was of opinion that the 
 Pope had no power to excommunicate or depose his 
 Majesty, because the King is not of the Pope's religion. 
 His first in- The next term after he was indicted upon the 
 conviction. 11 statute of 2 Eliz., enacted in this realm against such 
 as should wilfully and advisedly maintain and uphold 
 the jurisdiction of any foreign prince or prelate in any 
 causes ecclesiastical or civil within this realm. By 
 which statute the first offence of that kind is punished 
 with loss of goods, and one year's imprisonment ; the 
 second offence incurreth the penalty of the Praemunire ; 
 and the third offence is made high treason. Upon 
 this indictment he was arraigned, convicted and con- 
 demned, and so rested in prison during the next two 
 terms without any farther question. He then made 
 petition unto the Lord-Deputy to be set at liberty : 
 His second whereupon his Lordship caused him to be examined 
 Examination. by gir O ii ver St. John, Sir James Fullerton, Sir 
 Jeffery Fen ton, the Attorney and Solicitor- General. 
 
LALOR'S CASE. 71 
 
 At first, he made some evasive and indirect answers ; 
 but at last voluntarily and freely he made this ensuing 
 acknowledgment 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-Deputy and Council. 
 
 Tlie Confession or Acknowledgment of Robert Lalor, 
 priest, made the 22d of December, 1606. 
 
 First, he doth acknowledge that he is not a lawful His confes- 
 Vicar-General in the dioceses of Dublin, Kildare and knowledg- 
 Ferns, and thinketh in his conscience that he cannot m 
 lawfully take upon him the said office. 
 
 Item, he doth acknowledge our sovereign Lord, 
 King James that now is, to be his lawful, chief and 
 supreme governor in all causes, as well ecclesiastical 
 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 sovereign, prelate, prince or potentate, 
 hath any power to control the King in any cause 
 ecclesiastical or civil within this kingdom, or any of 
 his Majesty'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 lawful 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 authority to impugn, 
 
72 LALOR'S CASE. 
 
 disannul or control any act done by any bishop made 
 by his Majesty's authority as aforesaid. 
 
 Item, he professeth himself willing and ready to 
 obey the King, as a good and obedient subject ought 
 to do, in all his lawful commandments, either 
 concerning his function of priesthood, or any other 
 duty 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 than 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 civil and temporal power, without any confes- 
 sion or admittance of his authority in spiritual causes. 
 This being reported unto the Lord-Deputy, by sundry 
 gentlemen who gave faith unto what he said, his 
 Lordship thought fit, that since he had incurred the 
 pain of Prsemunire, by exercising episcopal jurisdic- 
 tion, as Vicar- General 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 kingdom, 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 acknowledgment which 
 he had voluntarily made, signed, and confirmed by 
 oath before the Lord-Deputy and Council, who have 
 likewise subscribed their names as witnesses thereof. 
 
LALOR S CASE. 
 
 Hereupon, in Hil. Term, 4 Jac., an indictment The indict- 
 
 was framed against him in the King's Bench, upon ^poli the stat 
 the stat. of 16 Rich. 2. cap. 5, containing these f - 16Rich - 2 - 
 several 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 royal, containing a commission of authority 
 from the Pope of Rome unto Richard Brady and 
 David Magragh to constitute a Vicar-General for the 
 See of Rome, by the name of the See Apostolic, in the 
 several dioceses of Dublin, Kildare and Ferns, within 
 this kingdom of Ireland. 
 
 2. That by pretext or colour of that bull or brief, 
 he was constituted Vicar- General of the See of Rome, 
 and took upon him the style and title of Vicar- 
 General in the said several dioceses. 
 
 3. That he did exercise ecclesiastical jurisdiction 
 as Vicar- General 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 indictment Lalor pleaded, not guilty ; and 
 when the issue was to be tried, the name and reputa- 
 
74 LALOR'S CASE. 
 
 tion 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 which time, a substantial jury of the 
 city of Dublin being sworn for the trial, and the 
 points of the indictment 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 satisfy the hearers in two 
 points. 
 
 1. What reason moved us to ground this indict- 
 ment upon the old statute of 16 Rich. 2, rather than 
 upon some other later law made since the time of 
 King Henry 8. 
 
 2. What were the true causes of the making of 
 this law of 16 Rich., and other formal 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 only 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 Henry 8 was born, divers laws 
 were made against the usurpation of the Bishop of 
 Rome upon the rights of the Crown of England, well- 
 
LALOR'S CASE. 75 
 
 nigh as sharp and severe as any statutes which have 
 been made in later times ; and that therefore we 
 made choice to proceed upon a law made more than 
 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, The true 
 and almost enforced the English nation to make this, l^the stat. " 
 
 and other statutes of the same nature, were of the 1 
 
 and other sta- 
 
 greatest importance that could possibly arise in any tutes . against 
 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 
 emperors 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 
 Praemuriire 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 St. Peter's patrimony in 
 demesne. Our kings had their sceptres wrested out 
 of their hands, their crowns spurned off from their 
 
76 LALOR'S CASE. 
 
 heads, their necks trod upon, they had been made 
 lacqueys or footmen to the Bishop of Rome, as some 
 of the emperors and French kings were ; our prelates 
 had been made his chaplains and clerks, our nobility 
 his vassals and servants, our commons his slaves and 
 villeins, 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 extreme 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 only 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 may 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 con- 
 tended to uphold and maintain their honour and sove- 
 reignty. And their faith and loyalty have been generally 
 such (though every age hath brought forth some par- 
 ticular monsters of disloyalty), as no pretence of zeal or 
 religion could ever withdraw the greater part of the 
 subjects to submit themselves to a foreign yoke, no, 
 not when Popery was in her height and exaltation ; 
 whereof this Act, and divers others of the same kind, 
 The statute of are clear and manifest testimonies. For this Act of 
 mada"the 16 Rich. 2 was made at the prayer of the Com- 
 mons ; which prayer they make not for themselves, 
 
LALOR'S CASE. 77 
 
 neither show 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 sheriffs, 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 The effect of 
 
 Rome, the King is deprived of that jurisdiction, i6R.2.cap.5. 
 
 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 royal 
 
78 LALOR'S CASE. 
 
 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 allegiance 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 dignity royal, 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 process of praemunire 
 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 where- 
 upon we have framed our indictment. 
 
 Now let us look higher, and see whether the former 
 
 laws made by King Ed. 1, and King Ed. 3 against 
 
 the usurpation of the Bishop of Rome, were not 
 
 grounded upon the like cause and reason. The 
 
 The effect of statute of 38 Ed. 3. cap. 1, expressing the mischiefs 
 
 38 6 EcL3.st.2. that did arise by briefs of citation, which drew the 
 
 cap. i. bodies of the people, and by bulls of provision and 
 
 reservation of ecclesiastical benefices, which drew 
 
 the wealth of the realm to the Court of Rome, doth 
 
LALOR'S CASE. 79 
 
 declare, that by these means the ancient laws, 
 customs 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, 
 hospitality, alms-deeds and other works of charity 
 neglected. 
 
 Again, 27 Ed. 3. cap. 1, upon the grievous and Thestat.of27 
 clamorous complaint (for that phrase is there used) of ca p. 1. 
 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 Ed. 3, wherein the first The stat. of 
 
 law against provisors made 25 Ed. 1, is recited, there citin the 6 ' 
 
 is a larger declaration of these inconveniences than in stat.of35Ed. 
 
 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 prelacy by the kings and nobility 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, hospi- 
 
 tality might be kept, and other works of charity 
 
 might be exercised within the realm ; and whereas 
 
 the King and other founders of the said prelacies 
 
 were the rightful patrons and advowees thereof, and 
 
80 LALOft's CASE. 
 
 upon avoidance of such ecclesiastical 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 counsel, and other places 
 in the Commonweal ; the Bishop of Rome, usurping 
 the seignory 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 rightful patron of those 
 benefices ; whereas by the law of England he never 
 'had right to the patronage thereof; whereby in short 
 time all the spiritual promotions in the realm would 
 be engrossed into the hands of strangers, canonical 
 elections of prelates would be abolished, works of 
 charity would cease, the founders and true patrons of 
 churches would be disinherited, the King's counsel 
 would be weakened, the whole kingdom 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 withal imprisoned, till they had 
 
LALOR'S CASE. 81 
 
 renounced the benefits of their bulls, satisfied the 
 party 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 Henry 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 These laws 
 good Catholics, or good subjects ? or what were they ? J^a 
 You will not say they were Protestants, for you will th f. R mish 
 
 J J J religion. 
 
 not admit the reformed religion to be so ancient as 
 those times ; neither can you say they were undutiful, 
 for they strove to uphold their liege Lord's sove- 
 reignty. Doubtless the people in those days did 
 generally embrace the vulgar errors 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 supremacy, and transcen- 
 dant authority over Kings ; they did not believe he 
 had power to depose princes, and discharge subjects 
 of their allegiance, to abrogate the fundamental laws 
 of kingdoms, and to impose his canons as binding 
 laws upon ah 1 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, how- 
 
 G 
 
82 LALOR'S CASE. 
 
 soever in other points they did err and were misled 
 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 yourself wiser than 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. 
 Laws against But you, being an Irishman, will say, perhaps, these 
 madeTn S l ftws were made in England, and that the Irish nation gave 
 no particular consent thereunto, only there was an im- 
 plicit consent wrapt and folded up in general terms, given 
 in the stat. 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 briefs of the Court of Rome, as 
 are to be found in all the Parliament-rolls in England. 
 What will you say if in the selfsame 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 Ed. 3, cap. 13, in 
 
LALOR'S CASE. 83 
 
 the famous Parliament of Kilkenny ? If a statute of 
 the same nature were made 7 Ed. 4, cap. 2, and 
 a severer law than all these, 16 Ed. 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 terrify Master 
 Lalor more than all the Acts which are before remem- 
 bered. 
 
 But let us ascend yet higher, to see when the When the 
 Pope's usurpation, which caused all these complaints, foJJuo usur 
 began in England, with what success it was con- {Jerties^of ^ 
 tinued, and by what degrees it rose to that height, Crown f 
 that it well-nigh overtopped the Crown ; whereby it 
 will appear whether he had gained a circle by pre- 
 scription, 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 won, and one of the first that was lost again : 
 
 G 2 
 
84 LALOR'S CASE. 
 
 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 common- 
 weals ; 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 govern- 
 ment of the Church. Of the four temporal monar- 
 chies, 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 patri- 
 archs, 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 of Carthage in Africa, (aemula Ronise Car- 
 thago ;) 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 
 
LALOR'S CASE. 85 
 
 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 ruin ? 
 
 But to return to our purpose : the Bishop of Rome, The Pope had 
 before the first Norman conquest, had no jurisdiction Son 
 in the realm of England, neither in the time of the {?* 
 Britons, nor in the time of the Saxons. Eleutherius, Britons, 
 the Pope, within less than 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-general on earth, had claimed juris- 
 diction over all 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 Bri- 
 tish bishops then remaining in Wales regarded not his 
 commission nor his doctrine, as not owing any duty 
 nor having any dependancy 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 
 
86 LALOR'S CASE. 
 
 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 celebra- 
 tion of Easter used in Ireland, affirmed it was the 
 same, quod beatus evangelista Johannes, discipulus 
 specialiter a Domino dilectus, in omnibus quibus prae- 
 erat ecclesiis celebrasse legitur. On the other part, 
 Wilfrid alleged, that all the Churches of Christendom 
 did then celebrate Easter after the Roman manner, 
 except the Churches of the Britons and Picts, qui 
 contra totum orbem (saith he) stulto labore pugnant. 
 Whereunto Colman replied, " Miror quare stultum la- 
 borem appellas, in quo tanti apostoli, qui super pectus 
 Domini recumbere dignus fait, exempla sectamur. 
 Numquid reverendissimum patrem nostrum Colum- 
 bam et ejus successores, viros a Deo dilectos, divinis 
 paginis contraria sapuisse aut egisse credendum est?" 
 In this disputation or dialogue two things may be ob- 
 served : 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 Ire- 
 land were instituted according to the form and disci- 
 pline of the East Churches, and not of the West, and 
 
LALOR'S CASE. 87 
 
 planted by the disciples of John, and not of Peter. 
 Thus much for the time of the Britons. 
 
 For the Saxons, though King Ina gave the Peter-pence 
 to the Pope, partly as alms, and partly in recompense 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 Confes- 
 sor, and divers other Kings of the Saxon race, did 
 give all the bishopricks in England per annulum et bacu- 
 lum, without any other ceremony, as the Emperor and 
 French King, arid other Christian princes were wont 
 to do. They made also several laws for the govern- 
 ment of the Church : among others, St. Edward 
 begins his laws with this protestation, that it is his 
 princely charge, ut populum domini, et super omnia 
 sanctam ecclesiam, regat et gubernet. And King 
 Edgar, in his oration to his English clergy, " Ego (saith 
 he) Cons tan tini, vos Petri gladium habetis : jungamus 
 dextras, et gladium gladio copulemus, ut ejiciantur 
 extra castra, leprosi, et 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 truth 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 Emperor and 
 the French King under his yoke. 
 
 But upon the conquest made by the Norman, he The first usur- 
 
 ^ pation of the 
 
 apprehended the first occasion to usurp upon the liberties Pope upon the 
 of the Crown of England. For the Conqueror came in the time of 
 
88 LALOR'S CASE. 
 
 KingWilliam in with the Pope's banner, and under it won the battle 
 
 queror. 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. 
 
 By sending Hereupon he sent two Legates into England, which 
 
 Legates into n 111/^1 TTT- 
 
 England. were admitted and received by the Conqueror. 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 dis- 
 placed 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 only to him of whom he first received the same. 
 And so the old man went to St. 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 et baculum, 
 as I said before. 
 
 Thus we see, by the admission of the Pope's Le- 
 gates, the first step or entry made into his usurped 
 jurisdiction in England. Albeit, the King still re- 
 tained the absolute power of investing bishops, and 
 seemed only 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 sub- 
 
LALOR S CASE. 89 
 
 mitted himself to the Pope, it appeareth by a short 
 epistle he wrote to Gregory 7, in this form : " Excel- 
 lentissimo sanctae ecclesiae Pastori, Gregorio, gratia 
 Dei Anglorum Rex et Dux Normanorum Willielmus 
 salutem cum amicitia. Hubertus Legatus tuus, reli- 
 giose pater, ad me veniens ex tua parte, me admonuit, 
 ut tibi et successoribus tuis fidelitatem facerem, et de 
 pecunia quam antecessores mei ad Romanarn ecclesiain 
 mittere solebant melius cogitarem. Unum admisi, 
 alterum non admisi ; fidelitatem facere nolui, nee volo, 
 quia nee ego promisi nee antecessores meos anteces- 
 soribus tuis id fecisse comperio. Pecunia tribus fere 
 annis, in Galliis me agente, negligenter collecta est ; 
 nunc vero divina misericordia me in regnum meum 
 reverse, quod collectum est per praefatum legatum 
 mittetur ; et quod reliquum est, per legatos Lanfranci 
 archiepiscopi fidelis nostri, cum opportunum fuerit, 
 transmit tetur," &c. 
 
 But in the time of his next successor, King William In the time of 
 Rufus, they attempted to pass one degree farther, that the Pope at- 
 
 is, to draw appeals to the Court of Rome. For An- 
 
 selme being made Archbishop of Canterbury, and to ^ e but 
 
 being at some difference with the King, besought his 
 
 leave to go to Rome, under pretence of fetching his 
 
 pall. The King, knowing he would appeal to the 
 
 Pope, denied him leave to go, and withal told him 
 
 that none of his bishops ought to be subject to the 
 
 Pope, but the Pope himself ought to be subject to the 
 
 Emperor ; and that the King of England had the same 
 
 absolute liberties in his dominions as the Emperor had 
 
90 LALOR'S CASE. 
 
 in the empire ; and that it was an ancient custom 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 custom doth violate the Crown and dignity Royal, 
 " and he that violates my Crown (saith he) is mine 
 enemy and a traitor. How answer you this?" quoth 
 the King. " Christ himself answers you," saith the 
 Archbishop, " Tu es Petrus, et super hanc Petram," 
 &c., wherewith the King was nothing satisfied. And 
 thereupon Anselme departing out of the realm without 
 license, the King seised his temporaries, 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 Prance. 
 
 In the time of I n the time of the next King, Hen. I., though he 
 th^FirstThe was a l earne d and a prudent prince, yet they sought 
 Pope usurp- to gain a farther point upon him, and to pluck a 
 
 eth the dona- 
 tion of bishop- flower from his Crown of greater value, namely, the 
 
 patronage and donation of bishopricks, and all other 
 benefices ecclesiastical. For Anselme being revoked 
 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 per- 
 form that office, who, with the chief of the English 
 clergy, stood with the King, and withstood Anselme. 
 Hereupon the King requires him to do his homage; 
 
LALOR'S CASE. 91 
 
 the Bishop denies it. The King demands of him 
 whether the patronage and investiture of all bishop- 
 ricks were not his rightful inheritance : the Bishop said 
 it was not his right, because Pope Urban had lately 
 made a decree that no lay person should give any 
 ecclesiastical benefice. This was the first question Hist. Jorna- 
 that ever was made touching the King of England's ArcMv. Rob. 
 right of patronage and donation of bishopricks within ^ t r ton ' Eq * 
 his dominions. This new question caused many mes- 
 sages and embassages to Rome. At last, the King 
 writes plainly to the Pope : " Notum habeat sanctitas 
 vestra, quod me vivente (Deo auxiliante) dignitates et 
 usus regni nostri non minuentur, et si ego (quod 
 absit) in tanta me directione ponerem, magnates mei, 
 imo totius Anglic 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 kingdom than 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 clergy, holden at 
 London, in the year 1107, a decree was made, "Cui an- 
 nuit Rex Henricus," said Matt. Paris, that from thence- 
 forth, " nunquam per donationem baculi pastoralis 
 vel annuli quisquam de episcopatu vel abbathia per 
 regem, vel quamlibet laicam manum, investiretur in 
 Anglia." In recompense whereof, the Pope yielded 
 
92 LALOR'S CASE. 
 
 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 General 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 selfsame King, after 
 the death of Anselme, broke the decree touching the 
 investiture of the bishops. For he gave the arch- 
 bishoprick of Canterbury to Rodolph, Bishop of Lon- 
 don, saith Matt. Paris, " et ilium per annulum et pas- 
 toralem baculum investitit;" as before he had invested 
 Willielmum Gifford in the bishoprick of Winchester, 
 "contra novi concilii statuta," as the same author 
 reporteth. 
 
 In the time of ^ e ^ mes ^ ^ ne nex ^ succeeding King, Stephen, 
 King Ste- were full o f c i v il dissensions, which made the land 
 
 phen, the 
 
 Pope gained well-nigh waste, so as St. Peter's successor could 
 Court of ie not take any fish in such troubled waters. Yet 
 during this King's reign they won that point of juris- 
 diction which they attempted to get, but failed 
 thereof, in the time of King William Rums, 
 namely, that appeals might be made to the Court of 
 Rome. For in a Synod at London, summoned by 
 Hen., Bishop of Winchester, the Pope's Legate, it 
 was decreed that appeals should be made from provin- 
 cial Councils to the Pope. Before that time " appella- 
 
LALOR'S CASE. 93 
 
 tiones in usu non erant," saith a monk of that time, 
 " donee Henricus Winton. Episcopus malo suo, dum 
 legatus esset, cmdeliter intrusit." Thus did the Pope 
 usurp three main points of jurisdiction upon three 
 several kings after the Conquest (for of William Rufus 
 he could win nothing), namely, upon the Conqueror, 
 the sending of Legates, or Commissioners, to hear 
 and determine ecclesiastical causes ; upon Hen. L, 
 the donation and investitures 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 in the time of 
 they made a farther encroachment upon the Crown, 2, Se Pop7 
 whereby they endeavoured to make him but half a g^ 11 ^ oT 
 king, and to take away half his subjects, by exempting Clerks from 
 all clerks from secular power. Hereupon rose that power. 
 long and great contention between 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 brief of 
 a priest had committed a foul murder, and being troubles* 0? S 
 
 thereof indicted and convicted, prayed the benefit of er trea " 
 his clergy; which being allowed unto him, he was 
 delivered to the Bishop of Salisbury, being his ordi- 
 nary, to make his purgation ; which the murderer 
 failing to do, 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 
 
94 LALOR'S CASE. 
 
 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 impunity being once opened, the clergy 
 grew so outrageous, as the King was informed of a 
 hundred murders 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 customs of the 
 kingdom for the government of the clergy, and order- 
 ing of causes ecclesiastical, whereof these were the 
 principal heads or articles : 
 
 The constitu- 1 . That no Bishop nor Clerk should depart the 
 
 endon. realm without the King's license ; and that such as 
 
 obtained license should give securities that they 
 
 should procure no hurt or damage to the King or 
 
 realm during their absence in foreign parts. 
 
 2. That all bishopricks and abbeys being void 
 should remain in the King's hands as his own 
 demesnes, until he had chosen and appointed a 
 prelate thereunto ; and that every such prelate should 
 do his homage to the King before he were admitted 
 into the place. 
 
 3. That appeals should be made in causes ecclesi- 
 
LALOR'S CASE. 95 
 
 astical 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; only the Archbishop 
 would not subscribe, and swear, but with a saving 
 " salvo suo ordine et honore sanctae ecclesise;" 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 show his repentance, suspended 
 himself from celebrating mass, till he had received 
 absolution from the Pope. Then he began to 
 maintain and justify 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, 
 
96 LALOR'S CASE. 
 
 to bind fast the 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 judgment of him, who 
 being his subject would not be ruled by his laws : 
 "Cito facite mini justitiam de illo qui homo meus ligeus 
 est, et stare juri in curia mea recusat." Whereupon 
 the Barons proceeding against him, and being ready 
 to condemn him ; "I prohibit you (quoth the Arch- 
 bishop) 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 Hovenden, " Quo progrederis, pro- 
 ditor ? exspecta et audi judicium tuum." After this 
 he lurked secretly near the sea-shore, and changing 
 his apparel 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 in Northampton, where 
 he made default wilfully; for which contempt his 
 temporalties were seized, and his body being 
 attached, 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 pass 
 out of the realm to Rome. He was no sooner gone, 
 
LALOR S CASE. 97 
 
 but the King sends writs to all the Sheriffs 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 join in a letter to the Pope, wherein they 
 condemn the fugitive Archbishop, and justify 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 media- 
 tion 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 recommen- 
 dation unto the young King, his son, then lately 
 crowned; who, hearing of his coming, commanded 
 him to forbear to come to his presence, until 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 do. King Hen. the father being hereof advertised 
 into France, did rise into great passion and choler, 
 and in the hearing of his servants uttered words to 
 
 H 
 
98 LALOR'S CASE. 
 
 this effect : Will no man avenge me of mine enemies ? 
 
 Whereupon the four 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 denial from the Archbishop, they laid 
 
 violent hands upon him, and slew him ; for which 
 
 the King was fain not only to suffer corporal penance, 
 
 but, in token of his humiliation, to kiss the knee of 
 
 the Pope's legate. And this is the abridgment of 
 
 Becket's troubles, or rather treasons, for which he 
 
 Four points was celebrated for so famous a martyr. And thus 
 
 ^a^Sy u s ee ty what de g rees the Court of Rome did, 
 
 En knTb fw ^ m ^ e s P ace of 100 and odd years, usurp upon 
 
 the Pope be- the Crown of England four points of jurisdiction, 
 
 fore the reign . 
 
 of King John, viz., iirst, sending out oi legates into England; 
 secondly, drawing of appeals to the Court of Rome ; 
 thirdly, donation of bishopricks and other ecclesiastical 
 benefices ; and, fourthly, exemption of clerks from 
 the secular power. And you see withal how our 
 Kings and Parliaments have from time to time op- 
 posed and withstood this unjust usurpation. 
 
 Now then the Bishop of Rome having claimed and 
 well-nigh recovered full and sole jurisdiction in all 
 causes ecclesiastical, and over all persons ecclesiastical, 
 with power to dispose of all ecclesiastical benefices in 
 England, whereby he had upon the matter made 
 an absolute conquest of more than half the kingdom, 
 (for every one that could read the psalm of Miserere 
 
LALOR S CASE. 99 
 
 was a clerk, and the clergy possessed the moiety of all 
 temporal 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 pass in the times of 
 King John and of Hen. 3. 
 
 The quarrel between the Pope and King John, The cause of 
 which wrested the sceptre out of his hand, and in the between 1 King 
 end brake his heart, began about the election of the p^ and the 
 Archbishop of Canterbury. I call it election, and not 
 donation or investiture ; for the manner of investing 
 of Bishops by the staff and ring after the time of King 
 Hen. 1 was not any more used, but by the King's 
 license they were canonically elected, and being 
 elected, the King gave his Royal Assent to their 
 election, and by restitution of their temporalties did 
 fully invest them. And though this course of election When cano- 
 began to be in use in the time of Rich. 1 and Hen. 2, beglnlrsf n 
 yet I find it not confirmed by any constitution r En ^ land - 
 charter before the time of King John, who by his 
 charter, dated the 15th 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 prsedecessorum nostrorum 
 hactenus in Ecclesia Anglicana fuerit observata, et 
 quicquid juris nobis hactenus vindicaverimus, de 
 caetero in universis et singulis ecclesiis et monasteriis, 
 cathedralibus et conventualibus, totius regni Anglise, 
 liberae sint in perpetuum electiones quorumcunque 
 
 H 2 
 
100 LALOR'S CASE. 
 
 prselatorum, majorum et minorum. Salva nobis et 
 haeredibus nostris custodia ecclesiarum et monasteri- 
 omm vacantium quae ad nos pertinent. Promittimus 
 etiam quod nee impediemus nee impediri permittemus 
 per ministros nostros, nee procurabimus, quin in 
 universis et singulis monasteriis et ecclesiis, postquam 
 vacuerint praelaturae, quemcunque voluerint libere 
 sibi praeficiant electores pastorum, petita tamen a 
 nobis prius et haeredibus nostris licentia eligendi, 
 quam non denegabimus nee difFeremus. Et similiter, 
 post celebratam electionem, noster requiratur assensus, 
 quern non denegabimus, nisi adversus eandem rationale 
 proposuerimus, et legitime probaverimus propter quod 
 non debemus consentire, &c. 
 
 But to return to the cause of his great quarrel with 
 the Pope. The See of Canterbury being void, the 
 monks of Canterbury suddenly and secretly without 
 the King's license, elected one Reignold, their sub- 
 prior, 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 Grey, Bishop of Norwich, 
 his principal counsellor, who was afterwards Lord 
 Justice of this kingdom, who with a full consent was 
 elected by them, and afterwards admitted and fully 
 invested by the King. These two elections bred such 
 a controversy as none might determine but the Pope, 
 
LALOR'S CASE. 101 
 
 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 
 Trench King : who being so elected was forthwith 
 confirmed and consecrated by the Pope, and recom- 
 mended 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 King John's 
 jewel of the Crown, namely, the patronage of bishop- kingly letter 
 ricks, returned a round and kingly answer to the Pope, 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 customs 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 own kingdom did yield them more 
 profit and revenue than all the other countries on this 
 side of the Alps. To conclude, he would maintain 
 the liberties of the Crown to his death, he would 
 restrain all his subjects from going to Rome. And 
 since the Archbishops, Bishops, and other prelates 
 
102 LALOR'S CASE. 
 
 within his dominions were as learned and religious as 
 any other in Christendom, his subjects should be 
 judged by them in ecclesiastical matters, and should 
 not need to run out of their own country to beg justice 
 at the hands of strangers. 
 
 The Pope But what followed upon this ? The Pope, after a 
 King and in- sharp reply, sendeth forth a bull of malediction against 
 redm. teth the tne Kin g> 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 clergy. 
 Then the Pope by a solemn sentence at Rome deposed 
 the King, and by a Bull sent into England dischargeth 
 his subjects of their allegiance, and by a legate sent 
 to the King of France, gave the kingdom of England 
 to him and his successors for ever. 
 
 These things brought such confusion and misery to 
 all estates and degrees in England, as the King became 
 odious to all his subjects, as well to the laity as to the 
 clergy. Eor as the Bishops and religious people 
 cursed him abroad, so the Barons took arms against 
 him at home, till by much bloodshed 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 
 
LALOR'S CASE. 103 
 
 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 kingdom 
 to the Pope, which should be regranted unto him 
 again to hold in fee-farm and vassalage of the Church 
 of Rome ; and that thereupon the Pope would bless 
 him and his realm again, and curse his rebels and 
 enemies in such sort, as he should be better established 
 in his kingdom than 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 legate, 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 successors, 
 the whole kingdom of England, and the whole king- 
 dom 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 Ire- 
 land, with a nattering saving of all his liberties 
 and royalties. The Pope had no sooner gotten this 
 conveyance, 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 vassal, and these 
 kingdoms St. Peter's patrimony ; grants a general 
 Bull of provision for the bestowing of all ecclesiastical 
 benefices, and takes upon him to be absolute and 
 
104 LALOR'S CASE. 
 
 immediate lord of all. And thus, under colour of 
 exercising jurisdiction within these kingdoms, the 
 Pope, by degrees, got the very kingdoms themselves. 
 And so would he do 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 
 kingdoms to their own use? Indeed we do not 
 find that the fee-farm of a thousand marks was ever 
 paid, but that it is all run in arrear till this present 
 day. Tor the truth is, the Court of Rome did scorn 
 to accept so poor a revenue as a thousand marks per 
 annum out of two kingdoms. But after the death of 
 King John, during all the reign of Hen. 3, his son, 
 the Pope did not claim a seignory 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 seised of all in demesne. For whosoever 
 will read Matt. 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 continual 
 and intolerable, as that poor monk, who lived in those 
 times, though otherwise he adored the Pope, doth call 
 England Balaam's ass loaden, beaten, and enforced to 
 speak ; doth call the Court of Rome Charybdis and 
 Barathrum avaritiae, the Pope's collectors harpies, and 
 the Pope himself a stepfather, and the Church of Rome 
 a stepmother. He showeth that two third parts of the 
 
LALORS CASE. 105 
 
 land being then in the hands of Churchmen, 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 con- 
 ferring the best ecclesiastical 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 continual taxes and tallages 
 (worse than Irish cuttings), being sometimes the tenth, 
 sometimes the fifteenth, sometimes the third, some- 
 times the moiety of all the goods both of the clergy 
 and laity, under colour of maintaining the Pope's holy 
 wars against the Emperor and Greek Church, who 
 were then said to be in rebellion against their lady 
 and mistress the Church of Rome. Besides, for 
 the speedy levying and safe return of these 
 monies, 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 monies taxed, and return the same by 
 exchange to Rome, taking such penal bonds, the 
 form whereof is set down in Matt. Paris, and such 
 excessive usury, as the poor religious houses were 
 fain to sell their chalices and copes, and the rest of the 
 clergy and laity 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 
 
106 LALOR'S CASE. 
 
 of friars (the first corrupt or s of religion in England), 
 who persuaded the nobility and gentry to put on the 
 sign of the cross, and to vow themselves to the holy 
 wars ; which they had no sooner done, but they 
 were again persuaded to receive dispensations of their 
 vows, and to give money 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 jewels of 
 the Egyptians. Briefly, whereas the King had scarce 
 means to maintain his Royal 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 monies current at this 
 day. Besides, they exported six thousand marks out 
 of Ireland at one time, which the Emperor Frederick 
 intercepted. Lastly, the King himself was so much 
 dejected, as at a Royal feast he placed the Pope's Le- 
 gate in his own chair of state, himself sitting on his 
 right hand, and the Bishop of York on his left, non 
 sine multoruin obliquantibus oculis, saith Matt. 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 in- 
 conveniences ? Assuredly if King Ed. I., who was 
 the son and heir of Hen. 3, had inherited the weakness 
 of his father, and had not resisted this usurpation and 
 
LALOR'S CASE. 107 
 
 insolency of the Court of Rome, the Pope had been 
 proprietor of both these islands, and there had been 
 no King of England at this day. 
 
 But King Ed. I. may well be styled vindex Anglicse King Ed. i 
 libertatis, the Moses that delivered his people from 
 slavery and oppression : and as he was a brave and atlon< 
 victorious prince, so was he the best Pater patrise 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 army 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. 
 Eor the Pope having then summoned a General 
 Council, before he would license his bishops to repair 
 to 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 ecclesiastical livings; the King forbids 
 the payment thereof unto him. The Pope sendeth 
 forth a general bull prohibiting the clergy to pay sub- 
 sidies or tributes to temporal princes; a tenth was 
 granted to the King in Parliament, the clergy refused 
 to pay it ; the King seized their temporaries for 
 their contempt, and got payment notwithstanding the 
 Pope's Bull. After this he made the statute of Mort- 
 main, whereby he brake the Pope's chief net, which 
 
108 LALOR'S CASE. 
 
 within an age or two more would have drawn to 
 the Church all the temporal possessions in the 
 kingdom, &c. Again, one of the King's subjects 
 brought a Bull of excommunication against another ; 
 the King commandeth he should be executed as a 
 traitor, according to the ancient law. But because 
 that law had not of long time been put in execution, 
 the Chancellor and Treasurer kneeled before the King, 
 and obtained grace for him, so as he was only 
 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 Ed. 1, which was the first statute made against 
 provisors ; the execution of which law, during the life 
 of King Ed. 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. 
 
 E. 2 suffereth His successor, King Ed. 2, being but a weak 
 usurpagain. 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 heinous, that he had 
 given allowance to the Pope's Bulls. 
 
 E. 3 resisteth Again, during the minority of King Ed. 3, and 
 tion^f r the after that in the heat of the wars in France, the Pope 
 Pope ' sent many briefs and bulls into England ; and at last 
 
LALOR'S CASE. 109 
 
 presumed so far as that he gave an Italian the title of 
 a Cardinal in England, and withal by his Bull gave 
 him power to bestow all ecclesiastical 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 ancestors have richly 
 endowed the Church of England, and have founded 
 abbeys and other religious houses for the instruction 
 of our people, for maintainance of hospitality, 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, hospitality is 
 not kept, our scholars are unpref erred, and the trea- 
 sure of the realm is exported." The Pope returneth 
 answer, that the Emperor had lately submitted him- 
 self to the Church of Rome in all points, and was be- 
 come the Pope's great friend ; and in menacing man- 
 ner advised the King of England to do the like. The 
 King replies, that if the Emperor and French King 
 both should take his part, he was ready to give battle 
 to both in defence of the liberties of his Crown. 
 Hereupon the several 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, 
 
110 LALOR'S CASE. 
 
 and the Bishop of Ely of a capital offence, as ap- 
 peareth in the records of this King's reign. Yet 
 
 King Rich. 2. during the nonage of Rich. 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 indict- 
 ment is framed) was enacted, being more sharp and 
 penal than ah 1 the former statutes against provisors. 
 And yet against this King, as against Ed. 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 juris- 
 diction by this policy. The Commons had denied the 
 King a subsidy when he stood in great want of money. 
 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 especially this law of 16 Rich. 2, might be re- 
 pealed. But Humphry, 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 kingdoms. 
 
 The evidence Then the Attorney- General descended to the evi- 
 dence, whereby he proved fully all the parts of the in- 
 dictment. First, it was proved by Lalor's own con- 
 fession, upon several examinations taken before the 
 Lord-Deputy and Lord Chancellor, and others, that 
 
LALOR'S CASE. Ill 
 
 he had accepted the office and title of Vicar- General 
 in the dioceses of Dublin, Kildare, and Ferns, 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. et Kildaren. 
 et Fernen. Diaeces. Vicarius apostolicus." Thirdly, 
 there were produced the copies of divers acts and in- 
 struments, written for the most part with Lalor's own 
 hand, some of institutions of Popish priests to bene- 
 fices, others of dispensations with marriage within the 
 degrees, others of divorces, others of dispensations 
 for non-payment of tithes. Whereby it was mani- 
 festly proved that he did execute the Pope's Bull, in 
 usurping and exercising episcopal jurisdiction, as 
 Vicar-General of the See Apostolic, within the dioceses 
 before named. 
 
 To this evidence he made a three-fold answer. 
 First, that he was no suitor for the office of Vicar- 
 General, but it was imposed on him, and he accepted 
 virtute oledientia, only to obey his superiors. Next, 
 that he did exercise the office of Vicar- General in for o 
 conscientite 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 instru- 
 ments, without his privity or direction. Hereupon 
 Sir James Ley, Chief Justice, told him that he could 
 not well say that he accepted that unlawful office 
 virtute obedientia, for there was no virtue in that 
 
112 LALOR'S CASE. 
 
 obedience ; that he owed an obedience to the law and 
 to the King, who is the true superior and sovereign 
 over all his subjects, and hath no peer within his 
 dominions ; and that the superiors whom he meant 
 and intended were but usurpers upon the King's juris- 
 diction, 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 insti- 
 tution is a judgment, and so is every sentence of 
 divorce,) yet were his offence nothing diminished if 
 he had executed his office of Vicar- General in foro 
 conscientite tantum ; for the court of man's conscience 
 is the highest tribunal, and wherein the power of the 
 keys is exercised in the highest degree. 
 
 Hereunto the Attorney- General took occasion to 
 add thus much, that Lalor had committed these high 
 offences, not only against the law, but against his 
 own conscience, and that he was already condemned 
 in foro conscientite. For that he upon his second 
 examination had voluntarily acknowledged himself not 
 to be a lawful Vicar- General, and that he thought in 
 his conscience he could not lawfully take upon him the 
 said office. He hath also acknowledged our Sovereign 
 Lord King James to be his lawful, chief, and supreme 
 governor, in all causes, as well ecclesiastical as civil; 
 and that he is in conscience bound to obey him in all 
 the said causes, &c., as it is contained in his acknow- 
 ledgment or confession before set down, which being 
 
LALOR'S CASE. 113 
 
 showed forth by the Attorney- General, the Court 
 caused it to be publicly read ; and thereupon demanded 
 of Lalor, if that were not his free and voluntary con- 
 fession, signed with his own hand, and confirmed by 
 his oath before the Lord-Deputy and Council. He 
 was not a little abashed at the publishing of this 
 acknowledgment and confession in the hearing of so 
 many principal gentlemen, to whom he had preached 
 a contrary doctrine; therefore, said he, "the showing 
 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-Deputy and the rest. 
 
 Then was it demanded of him, whether since the 
 making of this confession he had not protested to 
 divers of his friends, that he had not acknowledged 
 the King's supremacy in ecclesiastical 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 governor in spiritual causes, for that 
 the truth is, in the confession there is no mention 
 made of spiritual causes, but of ecclesiastical. 
 
 " This is a subtle evasion indeed/' said the Attorney- 
 General ; " I pray you what difference do you make 
 between ecclesiastical causes and spiritual causes?" 
 "This question," said Lalor, "is sudden and unexpected 
 at this time, and therefore you shall do well to take 
 another day to dispute this point." " Nay," said the 
 Attorney-General, " we can never speak of it in a better 
 
 i 
 
114 LALOR'S CASE. 
 
 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 laymen that serve his Majesty, and by 
 the duty 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." 
 When the First, then, let us see when this distinction of 
 
 distinction of -,.,.-, . ., , /> . ., 
 
 ecclesiastical ecclesiastical or spiritual causes trom civil and 
 causes fixmf temporal causes did first begin in point of jurisdic- 
 civii and ^ion. Assuredly, for the space of three hundred years 
 causes began after Christ, this distinction was not known or heard 
 of in the Christian world, For the causes of testa- 
 ments, of matrimony, of bastardy and adultery, and 
 the rest which are called ecclesiastical or spiritual 
 causes, were merely civil, and determined by the 
 rules of the civil law, and subject only to the jurisdic- 
 tion of the civil magistrate, as all civilians will testify 
 with me. 
 
 But after that the emperors 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 
 special 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 testa- 
 mentary, because testaments were many times made 
 
LALOR'S CASE. 115 
 
 in extremis, when Churchmen 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 dreamed of), but according to the rules of 
 the Imperial law, as the civil magistrate did proceed in 
 other causes; neither did the emperors, 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 
 several duties. This then is most certain, that the 
 primitive jurisdiction in all these causes was in the 
 civil magistrate, and so in right it remains 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 Judah) 
 is custos utriusquc tabula; and consequently hath 
 power to punish not only treason, murder, 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 spiritual or temporal; for 
 why is adultery a spiritual cause, rather than murder, 
 when they are both offences alike against the second 
 table? or idolatry rather than perjury, being both 
 offences likewise against the first table ? and indeed, 
 if we consider the natures of these causes, it will 
 
 i 2 
 
116 LALOR'S CASE. 
 
 seem somewhat absurd that they are distinguished by 
 the name of spiritual and temporal; for, to speak 
 properly, that which is opposed to spiritual, should 
 be termed carnal ; and that which is opposed to 
 temporal, should be called eternal. And therefore, if 
 things were called by their proper names, adultery 
 should not be called a spiritual offence, but a carnal. 
 But shall I express plainly and briefly why these 
 causes were first denominated, some spiritual or 
 ecclesiastical, and others temporal 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 clergy did study spiritual things, 
 and did profess to live secundum spiritum, and were 
 called spiritual men; and therefore they called the 
 causes wherein princes had given them jurisdiction, 
 spiritual causes, after their own name and quality. 
 But because the lay magistrates were said to intend 
 the things of this world, which are temporal and 
 transitory, the clergy called them secular or temporal 
 men, and the causes wherein they were judges 
 temporal causes. This distinction began first in the 
 Court of Rome, where the clergy having by this juris- 
 diction 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 ungrateful persons, they went 
 about to extinguish the memory of the benefit ; for 
 whereas their jurisdiction was first derived from 
 
LALOR'S CASE. 117 
 
 Caesar, in the execution whereof they were Caesar's 
 judges, so as both their courts and causes ought still 
 to have borne 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 
 merely civil, they called spiritual and ecclesiastical. 
 So as if the emperor should challenge his Courts and 
 causes again, and say, "Reddite Caesari quae 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 matrimonial 
 causes to be the most sweet and gainful 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 spiritual jurisdiction, they 
 reduced matrimony into the number of the seven 
 sacraments ; after which time it had been sacrilege, if 
 the civil magistrate had intermeddled with the least 
 matter that had relation to matrimony, or any 
 dependency thereupon. So then it appeareth, that 
 all causes whereof ecclesiastical or spiritual persons 
 have cognizance or jurisdiction by the grants or 
 permission of princes are called ecclesiastical or 
 spiritual causes. And as all their Courts are called 
 
118 LALOR's CASE. 
 
 spiritual Courts, so all causes determinable in those 
 Courts are called spiritual causes. And therefore, 
 where Master Lalor hath acknowledged the King's 
 majesty to be supreme governor in all ecclesias- 
 tical causes, he hath therein acknowledged the King's 
 supremacy in all spiritual causes, wherein he hath 
 but rendered to Caesar that which is Caesar's, and 
 hath given unto his Majesty no more than all the 
 Bishops of England have yielded to his predecessors, 
 not only 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- General, and did humbly crave his 
 Majesty's grace and pardon. And to that end, he 
 desired the Court to move the Lord-Deputy to be 
 favourable unto him. 
 
 Then the jury departed from the bar, and return- 
 ing within half-an-hour, found the prisoner guilty of 
 the contempts whereof he was indicted. 
 
 Whereupon the Solicit or- General moved the Court 
 to proceed to judgment. And Sir Dominick Sars- 
 field, Knight, one of the justices of his Majesty's chief 
 place, gave judgment according to the form of the 
 statute whereupon the indictment was framed. 
 
APPENDIX. 
 
 APPENDIX (A.) 
 
 PAPAL BULL.* 
 
 ( From the Catholic Standard.) 
 
 THE power of ruling the universal Church, committed by our 
 Lord Jesus Christ to the Roman Pontiff, f in the person of St. 
 Peter, Prince of the Apostles, hath preserved, through every 
 age, in the Apostolic See, that remarkable solicitude by which 
 it consulteth for the advantage of the Catholic religion in all 
 parts of the world, and studiously provideth for its extension. 
 And this correspondeth witli the design of its Divine founder, 
 who, when he ordained a head to the Church looked forward, 
 by his excelling wisdom, to the consummation of the world. 
 Amongst other nations, the famous realm of England hath 
 experienced the effects of this solicitude on the part of the 
 Supreme Pontiff. Its historians testify, that in the earliest 
 ages of the Church, the Christian religion was brought into 
 Britain, and subsequently flourished greatly there ; but about 
 the middle of the fifth age, the Angles and Saxons having 
 been invited into the island, the affairs, not only of the nation, 
 but of religion also, suffered great and grievous injury. But 
 we know that our holy predecessor, Gregory the Great, sent 
 
 * " Letters Apostolical of our most Holy Father Pope Pius IX., Estab- 
 lishing the Episcopal Hierarchy in England ; Pius P.P. IX., for a per- 
 petual remembrance of the thing." London : printed and published by 
 T. Booker, at the Metropolitan Catholic Printing-office, 9, Eupert-street, 
 Leicester-square. And sold by all Booksellers. 1850. 
 
 f This is assumption without proof, and against probability, if not against 
 proof. See note at end of the Bull, from Bishop Burgess' " Protestant 
 Catechism." 
 
120 APPENDIX. 
 
 first Augustine the Monk, with his companions, who subse- 
 quently, with several others, were elevated to the dignity of 
 bishops, and a great company of priests, monks, having been 
 sent to join them, the Anglo-Saxons were brought to embrace 
 the Christian religion ; and by their exertions it was brought 
 to pass, that in Britain, which had now come to be called 
 England, the Catholic religion was everywhere restored and 
 extended. But to pass on to more recent events, the history 
 of the Anglican schism of the sixteenth age presents no 
 feature more remarkable than the care unremittedly exercised 
 by our predecessors the Roman Pontiffs to lend succour, in its 
 hour of extremest peril, to the Catholic religion in that realm, 
 and by every means to afford it support and assistance. 
 Amongst other instances of this care, are the enactments and 
 provisions made by the chief Pontiffs, or under their direction 
 and approval, for the unfailing supply of men to take charge of 
 the interests of Catholicity in that country ; and also for the 
 education of Catholic young men of good abilities on the 
 Continent, and their careful instruction in all branches of 
 theological learning ; so that, when promoted to holy orders, 
 they might return to their native land and labour diligently to 
 benefit their countrymen, by the ministry of the Word and of 
 the sacraments, and by the defence and propagation of the holy 
 faith. 
 
 Perhaps even more conspicuous have been the exertions 
 made by our predecessors for the purpose of restoring to the 
 English Catholics, prelates invested with the episcopal character, 
 when the fierce and cruel storms of persecution had deprived 
 them of the presence and pastoral care of their own bishops. 
 The Letters Apostolical of Pope Gregory XV., dated March 
 23, 1623, set forth that the chief Pontiff, as soon as he was 
 able, had consecrated William Bishop, Bishop of Chalcedon, 
 and had appointed him, furnished with an ample supply of 
 faculties, and the authority of ordinary, to govern the Catholics 
 of England and of Scotland. Subsequently, on the death of 
 the said William Bishop, Pope Urban VIII., by Letters 
 Apostolical, dated Feb. 4, 1625, to the like effect, and directed 
 to Richard Smith, reconstituted him Bishop of Chalcedon, and 
 conferred on him the same faculties and powers as had been 
 
APPENDIX. 121 
 
 granted to William Bishop. When the King, James II., 
 ascended the English throne, there seemed a prospect of 
 happier times for the Catholic religion. Innocent XI. imme- 
 diately availed himself of this opportunity to ordain, in the year 
 1685, John Leyburn, Bishop of Adrumetum, Vicar Apostolic of 
 all England. Subsequently, by other Letters Apostolical, 
 issued January 30, 1688, he associated with Leyburn, as 
 Vicars Apostolic, three other bishops, with titles taken from 
 churches in partibus infidelium ; and accordingly, with the 
 assistance of Ferdinand, Archbishop of Amaria, Apostolic 
 Nuncio in England, the same Pontiff divided England into 
 four districts, namely, the London, the Eastern, the Midland, 
 and the Northern ; each of which a Vicar Apostolic commenced 
 to govern, furnished with all suitable faculties, and with the 
 proper powers of a local ordinary. Benedict XIV., by his 
 Constitution, dated May 30, 1753, and the other Pontiffs, our 
 predecessors, and our Congregation of Propaganda, both by 
 their own authority, and by their most wise and prudent direc- 
 tions, afforded them all guidance and help in the discharge of 
 their important functions. This partition of all England into 
 four Apostolic Vicariates, lasted till the time of Gregory VI., 
 who by Letters Apostolical, dated July 3, 1840, having taken 
 into consideration the increase which the Catholic religion had 
 received in that kingdom, made a new ecclesiastical division of 
 the counties, doubling the number of the Apostolical Vicariates, 
 and committing the government of the whole of England in 
 spirituals to the Vicars Apostolic of the London, the Eastern, 
 the Western, the Central, the Welsh, the Lancaster, the York, 
 and the Northern Districts. These facts that we have cursorily 
 touched upon, to omit all mention of others, are a sufficient 
 proof that our predecessors have studiously endeavoured and 
 laboured, that as far as their influence could effect it, the 
 Church in England might be re-edified and recovered from the 
 great calamity that had befallen her. 
 
 Having, therefore, before our eyes so illustrious an example 
 of our predecessors, and wishing to emulate it, in accordance 
 with the duty of the Supreme Apostolate, and also giving way 
 to our own feelings of affection towards that beloved part of our 
 Lord's vineyard, we have purposed, from the very first com- 
 
122 APPENDIX. 
 
 mencement of our pontificate, to prosecute a work so well 
 commenced, and to devote our closer attention to the promotion 
 of the Church's advantage in that kingdom. Wherefore, 
 having taken into earnest consideration the present state of 
 Catholic affairs in England, and reflecting on the very large and 
 everywhere increasing number of Catholics there ; considering 
 also that the impediments which principally stood in the way of 
 the spread of Catholicity, were daily being removed, we judged 
 that the time had arrived when the form of ecclesiastical 
 government in England might be brought back to that model on 
 which it exists freely amongst other nations, where there is no 
 special reason for their being governed by the extraordinary 
 administration of Vicars Apostolic. We were of opinion that 
 times and circumstances had brought it about, that it was 
 unnecessary for the English Catholics to be any longer 
 guided by Vicars Apostolic ; nay more, that the revolution 
 that had taken place in things there was such as to demand 
 the form of ordinary Episcopal government. In addition 
 to this, the Vicars Apostolic of England themselves, had, 
 with united voice, besought this of us ; many also both of 
 the clergy and laity, highly esteemed for their virtue and 
 rank, had made the same petition ; and this was also the 
 earnest wish of a very large number of the rest of the 
 Catholics of England. Whilst we pondered on these things, 
 we did not omit to implore the aid of Almighty God, that in 
 deliberating on a matter of such weight, we might be enabled 
 both to discern, and rightly to accomplish, what might be most 
 conducive to the good of the Church. 
 
 We also invoked the assistance of Mary the Virgin, Mother 
 of God, and of those saints, who illustrated * England by their 
 virtues, that they would vouchsafe to support us by their 
 patronage with God to the happy accomplishment of this affair. 
 In addition, we committed the whole matter to our venerable 
 brethren the Cardinals of the holy Roman Church of our con- 
 gregation for the propagation of the faith, to be carefully and 
 gravely considered. Their opinion was entirely agreeable to 
 
 * Dr. Wiseman reckons St. Tnomas-a-Becket in the number. See ante, 
 Introduction, xvi., and see Index. 
 
APPENDIX. 123 
 
 our own desires, and we freely approved of it ; and judged that 
 it be carried into execution. The whole matter, therefore, 
 having been carefully and deliberately consulted upon, of our 
 own motion, on certain knowledge, and of the plenitude of our 
 apostolical power, we constitute and decree, that in the kingdom 
 of England, according to the common rules of the Church, there 
 be restored the hierarchy of ordinary Bishops, who shall be 
 named from Sees, which we constitute in these our letters, in 
 the several districts of the Apostolic Vicariates. To begin with 
 the London district, there will be in it two Sees ; that of West- 
 minster, which we elevate to the degree of the metropolitan or 
 archi-episcopal dignity, and that of Southwark, which, as also 
 the others (to be named next), we assign as suffragan to West- 
 minster. The diocese of Westminster will take that part of 
 the abovenamed district which extends to the north of the river 
 Thames, and includes the counties of Middlesex, Essex, and 
 Hertford ; that of Southwark will contain the remaining part 
 to the south of the river, viz., the counties of Berks, South- 
 ampton, Surrey, Sussex, and Kent, with the islands of Wight, 
 Jersey, Guernsey, and the others adjacent. 
 
 In the northern district there will be only one Episcopal See, 
 which will receive its name from the city of Hexhain. This 
 diocese will be bounded by the same limits as the district hath 
 hitherto been. 
 
 The York district will also form one diocese ; and the Bishop 
 will have his See at the city of Beverley. 
 
 In the Lancashire district there will be two Bishops; of 
 whom the one will take his title from the See of Liverpool, and 
 will have as his diocese the Isle of Man, the hundreds of 
 Lonsdale, Amouriderness, and West Derby. The other will 
 receive the name of his See from the city of Salford ; and will 
 have for his diocese the hundreds of Salford. Blackburn, and 
 Leyland : the county of Chester, although hitherto belonging 
 to that district, we shall now annex to another diocese. 
 
 In the district of Wales there will be two bishoprics, viz., 
 that of Shrewsbury, and that of Menevia (or St. David's), 
 united with Newport. The diocese of Shrewsbury to contain, 
 northwards, the counties of Anglesey, Caernarvon, Denbigh, 
 Flint, Merioneth, and Montgomery ; to which we annex the 
 
124 APPENDIX. 
 
 county of Chester, from the Lancashire district, and the county 
 of Salop, from the central district. We assign to the Bishop of 
 St. David's and Newport as his diocese, northwards, the counties 
 of Brecknock, Glamorgan, Pembroke, and Radnor, and the 
 English counties of Monmouth and Hereford. In the western 
 district we establish two Episcopal Sees ; that of Clifton and 
 that of Plymouth. To the former of these we assign the coun- 
 ties of Gloucester, Somerset, and Wilts ; to the latter those of 
 Devon, Dorset, and Cornwall. 
 
 The central district, from which we have already separated 
 off the county of Salop, will have two Episcopal Sees ; that of 
 Nottingham and that of Birmingham. To the former of these 
 we assign, as a diocese, the counties of Nottingham, Derby, and 
 Leicester, together with those of Lincoln and Rutland, which 
 we hereby separate from the eastern district. To the latter we 
 assign the counties of Stafford, Warwick, Worcester, and 
 Oxford. 
 
 Lastly, in the eastern district, there will be a single Bishop's 
 See, which will take its name from the city of Northampton, 
 and will have its diocese comprehended within the same limits 
 as have hitherto bounded the district, with the exception of the 
 counties of Lincoln and Rutland, which we have already 
 assigned to the aforesaid diocese of Nottingham. 
 
 Thus, then, in the most flourishing kingdom of England,* 
 there will be established one ecclesiastical province, consisting 
 of one Archbishop, or metropolitan head, and twelve bishops 
 his suffragans ; by whose exertions and pastoral cares we trust 
 God will grant to Catholicity, in that country, a fruitful and 
 daily increasing extension. Wherefore, we now reserve to 
 ourselves and our successors, the Pontiffs of Rome, the power 
 of again dividing the said province into others, and of increasing 
 the number of dioceses, as occasion shall require ; and in 
 general, that, as it shall seem fitting in the Lord, we may freely 
 decree new limits to them. 
 
 In the meanwhile we command the aforesaid Archbishop and 
 
 * " Flourishing not in consequence of Popery, but in spite of it." See 
 Macaulay's History of England. The maxim is a true one The Church 
 of Rome may flourish in the country which it ruins. See also Dr. Croly's 
 England the Fortress of Christianity. 
 
APPENDIX. 125 
 
 Bishops that they transmit, at due times, to our congregation of 
 Propaganda, accounts of the state of their Churches, and that 
 they never omit to keep the said congregation fully informed 
 respecting all matters, which they know will conduce to the 
 welfare of their spiritual flocks. For we shall continue to avail 
 ourselves of the instrumentality of the said congregation in all 
 things appertaining to the *Anglican churches. But in the 
 sacred government of clergy and laity, and in all other things 
 appertaining unto the pastoral office, the f Archbishop and 
 Bishops of England will henceforward enjoy all the rights and 
 faculties which the other Catholic Archbishops and Bishops of 
 other nations, according to the common ordinances of the sacred 
 canons and apostolic constitutions, use, and may use : and are 
 equally bound by the obligations which bind the other Arch- 
 bishops and Bishops according to the same common discipline 
 of the Catholic Church. And whatever regulations either in 
 the ancient system of the Anglican churches or in the subsequent 
 missionary state, may have been in force either by special con- 
 stitutions, or privileges, or peculiar customs, will now hence- 
 forth carry no right nor obligation : and in order that no doubt 
 may remain on this point, we, by the plenitude of our 
 apostolic authority, repeal and abrogate all power whatso- 
 ever of imposing obligation or conferring right in those 
 peculiar constitutions and privileges of whatever kind they may 
 be, and in all customs by whomsoever, or at whatever most an- 
 cient or immemorial time brought in. Hence it will for the 
 future be solely competent for the Archbishop* and Bishops of 
 England to distinguish what things belong to the execution of 
 the common ecclesiastical law, and what, according to the com- 
 mon discipline of the Church, are entrusted to the authority of 
 the Bishops. We, certainly, will not be wanting to assist them 
 with our apostolic authority, and most willingly will we second 
 all their applications in those things which shall seem to conduce 
 to the glory of God's name and the salvation of souls. Our 
 
 * By these expressions seem to be implied the Boman Catholic Hierarchy 
 and churches in England. 
 
 f This seems to ignore the existence of the Protestant Episcopal hier- 
 archy, as, indeed, the entire Bull seems to ignore the existence, powers, or 
 prerogatives of the Queen of England. 
 
126 APPENDIX. 
 
 principal object, indeed, in decreeing by these our Letters 
 Apostolic, the restoration of the ordinary hierarchy of bishops, 
 and the observation of the Church's common law, has been to 
 pay regard to the wellbeing and growth of the Catholic religion 
 throughout the realm of England ; but, at the same time, it was 
 our purpose to gratify the wishes both of our venerable brethren 
 who govern the affairs of religion by a vicarious authority from 
 the Apostolic See, and also of very many of our well-beloved chil- 
 dren of the Catholic clergy and laity, from whom we had received 
 the most urgent entreaties to the like effect. The same prayer 
 had repeatedly been made by their ancestors to our predecessors, 
 who, indeed, had first commenced to send Vicars Apostolic into 
 England, at a time when it was impossible for any Catholic pre- 
 late to remain there in possession of a church by right in ordi- 
 nary ; and hence their design in successively augmenting the 
 number of vicariates and vicarial districts, was not certainly 
 that Catholicity in England should always be under an extraor- 
 dinary form of government, but rather looking forward to its 
 extension in process of time, they were paving the way for the 
 ultimate restoration of the ordinary hierarchy there. 
 
 And therefore we, to whom by God's goodness it hath been 
 granted to complete this great work, do now hereby declare, 
 that it is very far from our intention or design that the prelates 
 of England,* now possessing the title and rights of bishops in 
 ordinary, should in any other respect be deprived of any advan.- 
 tages which they have enjoyed heretofore under the character of 
 Vicars Apostolic. For it would not be reasonable that the enact- 
 ments we now make at the instance of the English Catholics, 
 for the good of religion in their country, should turn to the de- 
 triment of the said Vicars Apostolic. Moreover, we are most 
 firmly assured that the same, our beloved children in Christ, 
 who have never ceased to contribute by their alms and liberality 
 under such various circumstances to the support of Catholic 
 religion and of the Vicars Apostolic, will henceforward manifest 
 even greater liberality towards bishops who are now bound by 
 a stronger tie to the Anglican Churches, so that these same may 
 never be in want of the temporal means necessary for the ex- 
 penses of the decent splendour of the Churches, and of Divine 
 * i. <?., the newly appointed Eoman Catholic Bishops ; see notes, p. 125. 
 
APPENDIX. 127 
 
 service, and of the support of the clergy, and relief of the poor. 
 In conclusion, lifting up our eyes unto the hills, from whence 
 cometh our help, to God Almighty and All-merciful, with all 
 prayer and supplication, we humbly beseech Him, that He 
 would confirm, by the power of His Divine assistance, all that 
 we have now decreed for the good of the Church, and that He 
 would bestow the strength of His grace on those to whom the 
 carrying out of our decrees chiefly belongs, that they may feed 
 the Lord's flock which is amongst them, and that they may each 
 increase in diligent exertion to advance the greater glory of His 
 name. And in order to obtain the more abundant succours of 
 heavenly grace for this purpose, 
 
 *We again invoke, as our intercessors with God, the most 
 holy Mother of God, the blessed Apostles Peter and Paul, with 
 the other heavenly patrons of England,! and especially St. Gregory 
 the Great, that since it is now granted to our so unequal deserts 
 again to restore the Episcopal sees in England, which he first 
 effected to the very great advantage of the Church, this resto- 
 ration also which we make of the Episcopal dioceses in that 
 kingdom may happily turn to the benefit of the Catholic reli- 
 gion. And we decree that these our Letters Apostolical shall 
 never at any time be objected against or impugned, on pretence 
 either of omission or of addition, or defect either of our inten- 
 
 * " Thou art Christ, the Son of the living God." (Matt. xvi. 16.) To 
 this truth Christ bore witness at His trial : " The high priest asked Him, 
 " Art tliou the Christ, the Son of the Blessed ? And Jesus said, I am." 
 (Mark xiv. 61.) This is the truth for which he suffered death. " The 
 " Jews answered Pilate, We have a law, and by that law He ought to die, 
 " because He made himself the Son of God." (John xix. 7.) This " good 
 " confession, which Christ witnessed before Pontius Pilate " (1 Tim. vi. 13), 
 was the constant subject of the apostles' preaching. To this truth the 
 prophets bore witness ; and upon this truth the Church of Christ was 
 built, not on the person of St. Peter. For this our Protestant interpre- 
 tation of our Saviour's promise we have the authority not only of Origen, 
 Augustine, Chrysostom, and other ancient Fathers quoted by Casaubon in 
 his Exercitat. xv. ad Baron., pp. 279 282, Ed. Francof., but even of two 
 Popes Pope Felix III. translates, "super ista confessione sedificabo eccle- 
 siam meam." Pope Gregory I. says, " in Petra ecclesia, hoc est, in IB. 
 Petri confessione." Ep. iii. 33. Note to Bishop Burgess' "Protestant 
 Catechism," p. 85. 
 
 f Including Thomas4-Becket, of Canterbury. 
 
128 APPENDIX. 
 
 tion, or any other whatsoever ; but shall always be valid and in 
 force, and shall take effect in all particulars, and be inviolably 
 observed. All general or special enactments notwithstanding, 
 whether apostolic or issued in Synodal, Provincial, and Univer- 
 sal Councils notwithstanding, also all rights and privileges of 
 the ancient sees of England, and of the Missions, and of the 
 apostolic vicariates subsequently there established, and of all 
 churches whatsoever and pious places, whether established by 
 oath, or by apostolic confirmation, or by any other security 
 whatsoever ; notwithstanding, lastly, all other things to the con- 
 trary whatsoever. For all these things, in as far as they con- 
 travene the foregoing enactments, although a special mention of 
 them may be necessary for their repeal, or some other form, 
 however particular, necessary to be observed, we expressly 
 annul and repeal. Moreover, we decree, that if, in any other 
 manner, any other attempt shall be made by any person, or by 
 any authority, knowingly or ignorantly, to set aside these enact- 
 ments, such attempt shall be null and void. And it is our will 
 and pleasure that copies of these our Letters, being printed and 
 subscribed by the hand of a notary public, and sealed with the 
 seal of a person high in ecclesiastical dignity, shall have the 
 same authenticity as would belong to the expression of our will 
 by the production of this original copy. 
 
 Given at Rome, at St. Peter's, under the seal of the fisher- 
 man, this 29th day of September, 1850, in the fifth year of our 
 Pontificate. 
 
 A. CARDINAL LAMBRUSCHINI. 
 
 APPENDIX B. 
 
 DR. WISEMAN'S PASTORAL.* 
 
 NICHOLAS, by the Divine Mercy, of the Holy Roman Church 
 by the Title of St. Pudentiana Cardinal Priest, Archbishop of 
 
 * By authority. " The Pastoral of His Eminence the Cardinal Arch- 
 bishop of Westminster, appointed to be read in all Catholic Churches and 
 Chapels in the Archdiocese of Westminster, and the Diocese of South wark." 
 
APPENDIX. 129 
 
 Westminster, and Administrator Apostolic of the Diocese of 
 Southwark. * 
 
 To our Dearly Beloved in Christ, the Clergy Secular and 
 Regular, and the Faithful of the said Archdiocese and Diocese. 
 
 HEALTH AND BENEDICTION IN THE LORD : 
 
 If this day we greet you under a new title, it is not, dearly 
 beloved, with an altered affection. If in words we seem to 
 divide those, who till now have formed, under our rule, a single 
 flock, our heart is as undivided as ever, in your regard. For 
 now truly do we feel closely bound to you by new and stronger 
 ties of charity ; now do we embrace you in our Lord Christ 
 Jesus, with more tender emotions of paternal love ; now doth 
 our soul yearn, and our mouth is open to you ;t though 
 words must fail to express what we feel, on being once again 
 permitted to address you. For if our parting was in sorrow, 
 and we durst not hope that we should again face to face behold 
 you, our beloved flock ; so much the greater is now our con- 
 solation and our joy, when we find ourselves, not so much 
 permitted, as commissioned, to return to you, by the Supreme 
 Ruler of the Church of Christ. 
 
 But how can we for one moment indulge in selfish feelings, 
 when through that loving Father's generous and wise counsels, 
 the greatest of blessings has just been bestowed upon our 
 country, by the restoration of its true Catholic hierarchical 
 government, in communion with the See of Peter. 
 
 For on the twenty-ninth day of last month, on the Feast of 
 the Archangel St. Michael, Prince of the Heavenly Host, His 
 Holiness Pope Pius IX. was graciously pleased to issue his 
 letters Apostolic, under the Fisherman's Ring, conceived in 
 terms of great weight .and dignity, wherein he substituted, for 
 
 London : Printed and published by T. Booker, at the Metropolitan Catholic 
 Printing Office, 9, Rupert-street, Leicester-square ; and sold by all Book- 
 sellers. 1850. 
 
 * The extent, authority, and magnificence of this title or preamble, con- 
 trasts very strikingly with the " mean- nothing " sort of construction the 
 Komanists would now put upon tliis and the preceding document. 
 
 t 2 Cor. vi. 2. 
 
 K 
 
130 APPENDIX. 
 
 the eight Apostolic Vicariates heretofore existing, one Archi- 
 episcopal or Metropolitan and twelve Episcopal Sees : repealing 
 at the same time, and annulling, all dispositions and enact- 
 ments, made for England by the Holy See, with reference to 
 its late form of ecclesiastical government. 
 
 And by a Brief dated the same day, His Holiness was further 
 pleased to appoint us, though most unworthy, to the Archi- 
 episcopal See of Westminster, established by the above-men- 
 tioned letters Apostolic, giving us at the same time the adminis- 
 tration of the Episcopal See of Southwark. So that at present, 
 and till such time as the Holy See shall think fit otherwise to 
 provide, we govern * and shall continue to govern the counties 
 of Middlesex, Hertford, and Essex, as Ordinary thereof, and 
 those of Surrey, Sussex, Kent, Berkshire, and Hampshire, 
 with the islands annexed, as Administrator with ordinary 
 jurisdiction. 
 
 Further, we have to announce to you, dearly beloved in 
 Christ, that, as if still further to add solemnity and honour 
 before the Church to this noble act of Apostolic authority, and 
 to give an additional mark of paternal benevolence towards the 
 Catholics of England, His Holiness was pleased to raise us, in 
 the private Consistory of Monday, the 30th of September, to 
 the rank of Cardinal Priest of the Holy Roman Church. And 
 on the Thursday next ensuing, being the third day of this 
 month of October in public Consistory, he delivered to us the 
 insignia of this dignity, the Cardinalitial Hat ; assigning us 
 afterwards for our title in the private Consistory which we 
 attended, the Church of St. Pudentiana, in which St. Peter is 
 groundedly believed to have enjoyed the hospitality of the noble, 
 and partly British family of the Senator Pudens. 
 
 In that same Consistory we were enabled ourselves to ask 
 for the Archiepiscopal Pallium, for our new See of West- 
 minster ; and this day we have been invested by the hands of 
 the Supreme Pastor and Pontiff himself, with this badge of 
 Metropolitan jurisdiction. 
 
 The great f work then is complete ; what you have long 
 
 * We do not see what right the Pope's Lord Cardinal Lieutenant has to 
 govern countries better governed without his interference. 
 
 \ Now we are told there is really nothing great, after all, in it. 
 
APPENDIX. 131 
 
 desired and prayed * for is granted. Your beloved country has 
 received a place among the fair churches, which, normally 
 constituted, form the splendid aggregate of Catholic Com- 
 munion : Catholic England has been restored to its orbit in the 
 ecclesiastical firmament, from which its light had long vanished, 
 and begins now anew its course of regularly adjusted action, 
 round the centre of unity, the source of jurisdiction, of light 
 and of vigour. How wonderfully all this has been brought 
 about, how clearly the hand of God has been shown in every step 
 we have not now leisure to relate ; but we may hope soon to 
 recount to you by word of mouth. In the meantime we will 
 content ourselves with assuring you that, if the concordant 
 voice of those venerable and most eminent Counsellors to whom 
 the Holy See commits the regulation of ecclesiastical affairs in 
 missionary countries, of the overruling of every variety of 
 interests and designs, to the rendering of this measure almost 
 necessary, if the earnest prayers of our holy Pontiff and his 
 most sacred oblation of the Divine sacrifice, added to his own 
 deep and earnest reflection, can form to the Catholic heart an 
 earnest of heavenly direction, an assurance that the Spirit of 
 truth, who guides the Church, has here inspired its Supreme 
 Head, we cannot desire stronger or more consoling evidence 
 that this most important measure is from God, has His sanction 
 and blessing, and will consequently prosper. 
 
 Then truly is this day to us a day of joy and exaltation of 
 spirit, the crowning day of long hopes, and the opening day of 
 bright prospects. How must the saints of our country, whether 
 Roman or British, Saxon or Norman, look down from their 
 seats of bliss with beaming glance upon this new evidence of 
 the faith and Church which led them to glory, sympathising 
 with those who have faithfully adhered to them through cen- 
 turies of ill repute, for the truth's sake, and now reap the fruit 
 of their patience and long -suffering. And all those blessed 
 martyrs of these later ages, who have fought the battles of the 
 faith under such discouragement, who mourned, more than over 
 their own fetters or their own pain, over the desolate ways of 
 their own Sion and the departure of England's religious glory ; 
 
 * See Introduction, note to page xvi. ante, 
 K 2 
 
132 APPENDIX. 
 
 oh ! how must they bless God, who hath again visited His 
 people, how take part in our joy, as they see the lamp of the 
 temple again enkindled and rebrightening, as they behold the 
 silver links of that chain, which has connected their country 
 with the See of Peter in its Vicarial Government, changed 
 into burnished gold ; not stronger nor more closely knit, but 
 more beautifully wrought and more brightly arrayed. 
 
 And in nothing will it be fairer or brighter than in this, that 
 the glow of more fervent love will be upon it. Whatever our 
 sincere attachment and unflinching devotion to the Holy See 
 till now, there is a new ingredient cast into these feelings : a 
 warmer gratitude, a tenderer affection, a profounder admiration, 
 a boundless and endless sense of obligation, for so new, so 
 great, so sublime a gift, will be added to past sentiments of 
 loyalty and fidelity to the supreme See of Peter. Our venerable 
 Pontiff has shown himself a true Shepherd, a true Father ; and 
 we cannot but express our gratitude to him in our most fervent 
 language, in the language of prayer. For when we raise our 
 voices, as is meet, in loud and fervent thanksgiving to the 
 Almighty for the precious gifts bestowed upon our portion of 
 Christ's vineyard, we will also implore every choice blessing on 
 him who has been so signally the divine instrument in pro- 
 curing it. We will pray that his rule over the Church may 
 be prolonged to many years, for its welfare ; that health and 
 strength may be preserved to him for the discharge of his 
 arduous duties ; that light and grace may be granted to him 
 proportioned to the sublimity of his office ; and that consola- 
 tions, temporal and spiritual, may be poured out upon him 
 abundantly, in compensation for past sorrows and past ingrati- 
 tude. And of these consolations may one of the most sweet to 
 his paternal heart be the propagation of holy religion in our 
 country, the advancement of his spiritual children there in 
 true piety and devotion, and our ever-increasing affection and 
 attachment to the See of St. Peter. 
 
 In order, therefore, that our thanksgiving may be made with 
 all becoming solemnity, we hereby enjoin as follows : 
 
 1. This our Pastoral Letter shall be publicly read in all the 
 churches and chapels of the Archdiocese of Westminster and the 
 Diocese of Southwark, on the Sunday after its being received. 
 
APPENDIX. 133 
 
 2. On the following Sunday there shall be in every such 
 church or chapel a Solemn Benediction of the Blessed Sacra- 
 ment, at which shall be sung the Te Deum, with the usual 
 versicles and prayers, with the prayer also Fidelium Deus 
 Pastor et Rector, for the Pope. 
 
 3. The Collect Pro Gratiarum Actione, or Thanksgiving, 
 and that for the Pope, shall be recited in the Mass of that day, 
 and for two days following. 
 
 4. Where Benediction is never given, the Te Deum, with its 
 prayers, shall be recited or sung after Mass, and the Collects 
 above named shall be added as enjoined. 
 
 And at the same time earnestly entreating for ourselves, also, 
 a place in your fervent prayers, We lovingly implore for you 
 and bestow on you the blessing of Almighty God, Father, Son, 
 and Holy Ghost. Amen. 
 
 Given out of the Flaminian Gate of Rome, this seventh day 
 of October, in the year of our Lord MDCCCL. 
 
 (Signed) 
 
 NICHOLAS, 
 
 CARDINAL ARCHBISHOP OF WESTMINSTER. 
 
 By command of his Eminence. 
 
 FRANCIS SEARLE, Secretary. 
 
 APPENDIX (C.) 
 
 LORD JOHN RUSSELL'S LETTER TO THE RIGHT 
 REV. THE BISHOP OF DURHAM. 
 
 Mr DEAR LORD, I agree with you in considering " the late 
 aggression of the Pope upon our Protestantism " as " insolent 
 and insidious," and I therefore feel as indignant as you can do 
 upon the subject. 
 
134 APPENDIX. 
 
 I not only promoted to the utmost of my power the claims of 
 the Roman Catholics to all civil rights, but I thought it right, 
 and even desirable, that the ecclesiastical system of the Roman 
 Catholics should be the means of giving instruction to the nu- 
 merous Irish immigrants in London and elsewhere, who, with- 
 out such help, would have been left in heathen ignorance. 
 
 This might have been done, however, without any such inno- 
 vation as that which we have now seen. 
 
 It is impossible to confound the recent measures of the Pope 
 with the division of Scotland into dioceses by the Episcopal 
 Church, or the arrangement of districts in England by the 
 Wesleyan Conference. 
 
 There is an assumption of power in all the documents which 
 have come from Rome a pretension to supremacy over the 
 realm of England, and a claim to sole and undivided sway, 
 which is inconsistent with the Queen's supremacy, with the 
 rights of our bishops and clergy, and with the spiritual inde- 
 pendence of the nation, as asserted even in Roman Catholic 
 times. 
 
 I confess, however, that my alarm is not equal to my indig- 
 nation. 
 
 Even if it shall appear that the ministers and servants of the 
 Pope in this country have not transgressed the law, I feel per- 
 suaded that we are strong enough to repel any outward attacks. 
 The liberty of Protestantism has been enjoyed too long in 
 England to allow of any successful attempt to impose a foreign 
 yoke upon our minds and consciences. No foreign prince or 
 potentate will be permitted to fasten his fetters upon a nation 
 which has so long and so nobly vindicated its right to freedom 
 of opinion, civil, political, and religious. 
 
 Upon this subject, then, I will only say that the present state 
 of the law shall be carefully examined, and the propriety of 
 adopting any proceedings with reference to the recent assump- 
 tions of power deliberately considered. 
 
 There is a danger, however, which alarms me much more 
 than any aggression of a foreign Sovereign. 
 
 Clergymen of our own Church, who have subscribed the 
 Thirty-nine Articles, and acknowledge in explicit terms the 
 Queen's supremacy, have been the most forward in leading their 
 
APPENDIX. 135 
 
 flocks, " step by step, to the very verge of the precipice." The 
 honour paid to saints, the claim of infallibility for the Church, 
 the superstitious use of the sign of tha cross, the muttering of 
 the Liturgy so as to disguise the language in which it is writ- 
 ten, the recommendation of auricular confession, and the admi- 
 nistration of penance and absolution, all these things are 
 pointed out by clergymen of the Church of England as worthy 
 of adoption, and are now openly reprehended by the Bishop of 
 London in his Charge to the clergy of his diocese. 
 
 What, then, is the danger to be apprehended from a foreign 
 Prince, of no great power, compared to the danger within the 
 gates from the unworthy sons of the Church of England her- 
 self? 
 
 I have little hope that the propounders and framers of these 
 innovations will desist from their insidious course. But I rely 
 with confidence on the people of England, and I will not bate a 
 jot of heart or hope so long as the glorious principles and the 
 immortal martyrs of the Reformation shall be held in reverence 
 by the great mass of a nation which looks with contempt on the 
 mummeries of superstition, and with scorn at the laborious 
 endeavours which are now making to confine the intellect and 
 enslave the soul. 
 
 I remain, with great respect, &c., 
 
 J. RUSSELL. 
 Downing -street, Nov. 4. 
 
 APPENDIX (D.) 
 
 THE ADDRESS OF THE WESTMINSTER CLERGY* 
 TO THE BISHOP OF LONDON. 
 
 THE following Address was presented on Friday, October 25, 
 at London House, to the Lord Bishop of London, who expressed 
 
 * See reply, post, p. 137. 
 
136 APPENDIX. 
 
 his entire concurrence in the sentiments and language of the 
 Memorial : 
 
 " TO THE RIGHT REV. FATHER IN GOD, CHARLES JAMES, LORD 
 BISHOP OF LONDON. 
 
 " May it please your Lordship : 
 
 " We, the undersigned, clergy of the city and liberties of 
 Westminster, approach your Lordship with deep feelings of 
 affectionate veneration for your Lordship's person and office. 
 
 " We feel ourselves constrained to resort to your Lordship 
 for counsel, under circumstances of an unprecedented character. 
 
 " For the first time since the Reformation a Romish ecclesi- 
 astic, nominated by the Bishop of Rome, has assumed the title of 
 Archbishop of an English City ; and the English city whose 
 name he has usurped is that in which the sovereigns of England 
 are crowned, the Parliaments of England sit, and the laws of 
 England are administered the city of Westminster. 
 
 " We have reason to believe that this step is only a prelimi- 
 nary one, and that, unless it be now checked, it will soon be 
 followed by others of the same tendency ; that names of other 
 English cities or towns will be assumed as titles of Episcopal 
 Sees by other Romish ecclesiastics ; and that a general effort 
 will be made by the Papacy to give a complete provincial and 
 diocesan organization to its own hierarchy in England and 
 Wales. 
 
 " Being persuaded that, according to the fundamental prin- 
 ciples of the universal Church, there can be but one metro- 
 politan in a province, and one bishop in a diocese, in a country 
 like England, where one language is spoken, we deeply deplore 
 and solemnly protest against this unwarrantable act of religious 
 division, by which the Church of Rome has now given fresh 
 evidence to the world that, instead of being, as she professes to 
 be, a centre of spiritual unity, she is the main cause of the 
 unhappy schism that rends Christendom asunder. 
 
 " We lament also the fact, that, among British subjects, and 
 especially among Christian ecclesiastics, any should be found to 
 assume a title taken from a metropolitan city in the realm of 
 England, and thus be guilty of invading Her Majesty's con- 
 stitutional prerogative, which is to be the sole fountain of 
 
APPENDIX. 137 
 
 honour and dispenser of titles in that realm, and so be justly 
 chargeable with an outrage against the British Constitution, 
 and with indignity to the British Crown. 
 
 "We, therefore, the undersigned, having been duly called 
 according to the laws of this Church and realm, to discharge 
 spiritual functions in that city in which the Bishop of Rome 
 now assumes to himself pre-eminence, and over which he has 
 set up a claim to exercise authority by nominating an Arch- 
 bishop thereof; and being bound by our ordination vows to 
 maintain peace and quietness in Church and State, and to 
 * banish and drive away all erroneous and strange doctrines 
 contrary to God's Word ; ' and having solemnly declared our 
 assent to the principle embodied in the Ordinal, Articles, and 
 Canons of our Church, that * the Queen's Majesty under God 
 is the only supreme governor of this realm, as well in all spiri- 
 tual or ecclesiastical causes as in temporal,' and that ' no foreign 
 prince or prelate hath, or ought to have, here any power, 
 superiority, pre-eminence, or authority, ecclesiastical or spiri- 
 tual,' and that * the Bishop of Rome hath no jurisdiction in this 
 realm of England,' feel it our bounden duty in the present 
 emergency to crave directions from your Lordship's wisdom 
 and authority how we may best vindicate the rights of our 
 Church and country, which are now assailed, and may, with 
 the Divine blessing, avert the dangers with which we are 
 menaced, and maintain the peace of society and the cause of 
 unity and truth. 
 
 " That Almighty God may long vouchsafe to continue the 
 blessing of your Lordship's life and health, to the benefit of this 
 diocese and of the Church and country at large, is, and will 
 be, our most hearty prayer at the throne of grace." From the 
 Record, Oct. 28, 1850. 
 
 APPENDIX (E.) 
 
 REPLY OF THE BISHOP OF LONDON TO THE 
 MEMORIAL FROM THE WESTMINSTER CLERGY. 
 
 YESTERDAY, the Bishop of London sent the following Reply to 
 the Memorial signed by the Canons of Westminster, and a large 
 
138 APPENDIX. 
 
 body of the clergy of that city, presented to his Lordship on 
 Friday :* 
 
 "Fulham, Oct. 28, 1850. 
 
 " Rev. and dear Brethren, The sentiments expressed in the 
 Address which you have presented to me are in entire accord- 
 ance with mine, and I am persuaded that they will be responded 
 to by the unanimous feeling of Protestant England. 
 
 " The recent assumption of authority by the Bishop of Rome 
 in pretending to parcel out this country into new dioceses, and 
 to appoint archbishops and bishops to preside over them., without 
 the consent of the Sovereign, is a schismatical act, without prece- 
 dent, and one which would not be tolerated by the Government 
 of any Roman Catholic kingdom. I trust that it will not be 
 quietly submitted to by our own. 
 
 " Hitherto from the time of the Reformation the Pope has 
 been contented with providing for the spiritual superintendence 
 of his adherents in this country by the appointment of Vicars 
 Apostolic, Bishops who took their titles as such not from any 
 real or pretended sees in England, but from some imaginary 
 dioceses in partibus infidelium. In this there was no assump- 
 tion of spiritual authority over any other of the subjects of the 
 English Crown than those of his own communion. But the 
 appointment of Bishops to preside over new dioceses in 
 England, constituted by a Papal brief, is virtually a denial of 
 the legitimate authority of the British Sovereign and of the 
 English Episcopate ; a denial also of the validity of our orders, 
 and an assertion of spiritual jurisdiction over the whole 
 Christian people of the realm. 
 
 " That it is regarded in this light by the Pope's adherents in 
 this country is apparent from the language in which they 
 felicitate themselves upon this arrogant attempt to stretch his 
 authority beyond its proper limits. A Journal which is gene- 
 rally believed to express the sentiments of a large portion of 
 them at least (not, I believe, of all) points out in the following 
 words the difference between the Vicars Apostolic and the 
 pretended diocesan bishops. Alluding to certain members of 
 our Church who are accused of a leaning towards Rome, 
 it says, ' In this act of Pope Pius IX., they have that open 
 
 * Signed by sixty-nine clergymen. 
 
APPENDIX. 139 
 
 declaration for which they have been so long professing to 
 look. Rome, said they, has never yet formally spoken against 
 us. Her bishops, indeed, are sent here, not as having any local 
 authority, but as pastors without flocks ; Bishops of Tadmor in 
 the desert, or of the ruins of Babylon, intruding into territories 
 which they cannot formally claim as their own. This specious 
 argument is once for all silenced. Rome has more than spoken ; 
 she has spoken and acted ! She has again divided our land 
 into dioceses, and has placed over each a pastor, to whom all 
 baptized persons, without exception, within that district, are 
 openly commanded to submit themselves in all ecclesiastical 
 matters, under pain of damnation, and the Anglican sees, those 
 ghosts of realities long passed away, are utterly ignored.' 
 
 " The advisers of the Pope have skilfully contrived so to 
 shape this encroachment upon the rights and honour of the 
 Crown and Church of England, that his nominees to imaginary 
 dioceses will not actually offend against the letter of the law by 
 assuming the titles which he has pretended to confer upon 
 them ; but that it is contrary to the spirit of the laws, there 
 can be no doubt. As little doubt can there be, that it 
 is intended as an insult to the Sovereign and the Church of this 
 country. 
 
 " With respect to the conduct proper to be pursued by you 
 on this occasion, it ought, in my opinion, to be temperate and 
 charitable, but firm and uncompromising. 
 
 " You will do well to call the attention of your people to the 
 real purport of this open assault upon our Reformed Church, 
 and to take measures for petitioning the Legislature to carry 
 out the principle of the statute which forbids all persons other 
 than the persons authorized by law to assume or use the name, 
 style, or title of any archbishop of any province, bishop of any 
 bishopric, or dean of any deanery in England or Ireland, by 
 extending the prohibition to any pretended diocese or deaneries 
 in these realms. 
 
 " It is possible that such prohibitions might not have the 
 effect of preventing the assumption of titles by the Papal 
 bishops, when dealing with their own adherents : but it 
 would make the assumption unlawful, and it would mark 
 
140 APPENDIX. 
 
 the determination of the people of this country not to 
 permit any foreign prelate to exercise spiritual jurisdiction 
 over them. 
 
 " But there are other duties besides those of protesting and 
 petitioning, the performance of which seems to be specially 
 required of us by the present emergency. Unwilling as I am 
 to encourage controversial preaching, I must say that we are 
 driven to have recourse to it by this attempted usurpation of 
 authority on the part of the Bishop of Rome, and by the 
 activity and subtlety of his emissaries in all parts of the 
 kingdom. We are surely called upon for a more than ordinary 
 measure of watchfulness and diligence in fulfilling the promise 
 which we gave when we were admitted to the priesthood, ' to 
 banish and drive away all erroneous and strange doctrines 
 contrary to God's Word.' 
 
 " Let us be careful, as well in our public ministrations as in 
 our private monitions and exhortations, to refrain from doing or 
 saying anything which may seem to indicate a wish to make the 
 slightest approach to a Church which, far from manifesting a 
 desire to lay aside any of the errors and superstitions which 
 compelled us to separate from it, is now reasserting them with 
 a degree of boldness unknown since the Reformation, is adding 
 new credenda to its Articles of Faith, and is undisguisedly 
 teaching its members the duty of worshipping the creature with 
 the worship due only to the Creator. 
 
 " After all, I am much inclined to believe that in having 
 recourse to the extreme measure which has called forth your 
 Address, the Court of Rome has been ill advised as regards the 
 extension of its influence in this country, and that it has taken 
 a false step. That step will, I am convinced, tend to strengthen 
 the Protestant feeling of the people at large, and will cause 
 some persons to hesitate and draw back who are disposed to 
 make concessions to Rome, under a mistaken impression that 
 she has abated somewhat of her ancient pretensions, and that a 
 union of the two Churches might possibly be effected without 
 the sacrifice of any fundamental principle. Hardly anything 
 could more effectually dispel that illusion than the recent pro- 
 ceeding of the Roman Pontiff. He virtually condemns and ex- 
 
APPENDIX. 141 
 
 communicates the whole English Church, Sovereign, bishops, 
 clergy, and laity, and shuts the door against every scheme of 
 comprehension save that which should take for its basis an en- 
 tire and unconditional submission to the spiritual authority of 
 the Bishop of Rome. 
 
 " That it may please the Divine Head of the Church, who is 
 the true centre of unity and the only infallible Judge, to guide 
 and strengthen us in these days of rebuke and trial, to open our 
 eyes to the dangers we are in by our unhappy divisions, and to 
 unite us in one holy bond of truth and peace, of faith and 
 charity, is the earnest prayer, 
 
 " Reverend and dear Brethren, of 
 
 " Your affectionate Friend and Bishop, 
 
 "C. J. LONDON. 
 
 " To the Rev. the Clergy of the City and Liberties of 
 Westminster." 
 
 From the Times, Oct. 29, 1850. 
 
 APPENDIX (F.) 
 
 PAPAL USURPATION. 
 
 AT a Meeting of the members and friends of the Protestant 
 Association, held in St. Martin's Hall, Long-acre, Monday, 
 November 25, 1850, the following Resolutions were unani- 
 mously adopted : 
 
 1. That the recent attack upon British Protestantism by the 
 Bishop of Rome is a daring interference with the rights of the 
 British Crown, and calculated to be highly prejudicial to the 
 interests of true religion, the supremacy of the Queen, the in- 
 
142 APPENDIX. 
 
 dependence of the Empire, the peace of the country, and the 
 liberty of the subject. 
 
 2. That it is the bounden duty of all true and loyal Protestant 
 subjects to rally round the standard of Protestantism : to pro- 
 test against and to resist the encroachments of Popery, whether 
 in matters civil or ecclesiastical ; to assure Her Majesty of 
 their fidelity and attachment to her throne and person, and to 
 use their utmost endeavours that such laws may be enacted or 
 enforced as may, under the blessing of God, protect the religion, 
 the Throne, the Government, and the people of this country 
 from the usurpation and tyranny of Rome. 
 
 3. That the following Petition to the Queen be adopted, and 
 that the Right Hon. Lord Feversham be requested as one of 
 the Vice-Presidents of this Society, to present the same to Her 
 Majesty : 
 
 " To the Queen's Most Excellent Majesty. 
 " The Petition of the undersigned, &c. 
 " HUMBLY SHEWETH 
 
 " That your Petitioners, in approaching the footstool of your 
 throne as your Majesty's most dutiful and loyal subjects, 
 humbly beg leave to express their unshaken fidelity and attach- 
 ment to your Majesty's Royal person and family ; their firm 
 adherence to those Protestant principles which placed the 
 illustrious ancestors of your Majesty upon the throne of these 
 realms, and their full confidence that your Majesty will never 
 sanction any departure from those principles, nor suffer the 
 Crown, the Church, the liberties or independence of this 
 country, to be subjugated to any foreign influence or control. 
 
 " That your Petitioners have heard with feelings of astonish- 
 ment, indignation, and regret, of the recent efforts made by the 
 Bishop of Rome to establish his authority within your Majesty's 
 dominions, by converting England into one ecclesiastical pro- 
 vince of the Church or See of Rome, by dividing the country 
 into Romish dioceses, and by appointing Romish Bishops with 
 territorial titles in England. 
 
 " That your Petitioners believe such an act to be unprece- 
 dented, either in this, or in any other country of Europe ; and 
 
APPENDIX. 143 
 
 one which ought to be stedfastly resisted, as a daring attack 
 upon the just rights of the British Crown ; of the independence 
 of the Church of England, and the liberties of your Majesty's 
 faithful and loyal subjects. 
 
 " Your Petitioners, therefore, feel it to be their bounden 
 duty to Almighty God, to your Majesty, to their Church, and 
 to their country, to express not only their deep sorrow, that 
 there should have been anything in the theological, or the poli- 
 tical state of England, which could be construed as encouraging 
 or inviting such a stretch of power on the part of the Pope, 
 but also to implore your Majesty to take such steps as your 
 Majesty's wisdom may deem most advisable for the enforcing 
 or enacting of such laws as may be necessary for the protection 
 of your Majesty's dominions and subjects against the inter- 
 ference of any foreign Court or Church, more especially that 
 of the Pope or Bishop of Rome. 
 
 " Your Petitioners beg leave also to assure your Majesty, 
 that it will be their continued prayer and persevering effort, as 
 they value the principles of loyalty, of nationality, and of 
 religion, that the honour and independence of the British 
 Crown, the British Church, and the British Constitution, may 
 be preserved inviolate, and transmitted unimpaired to pos- 
 terity. 
 
 " And your Petitioners," &c. 
 
144 
 
 APPENDIX (G.) 
 ROMISH ENCROACHMENTS. 
 
 THE ROMAN CATHOLIC RELIEF ACT OF 1829, ETC. 
 
 THE following Report* was not originally intended for publication. 
 It was drawn up for the use of the General Committee; but the 
 many and important points on which it touches, will make it a matter 
 of inten st to Protestants in general. 
 
 "REPORT OF THE SUB-COMMITTEE TO THE GENERAL COMMITTEE 
 OF THE PROTESTANT ASSOCIATION. 
 
 "The Sub-Committee appointed by minute of 12th of October, to 
 consider the letters then referred to them, and also the 10th 
 Geo. IV., c. 7, ' An Act for the relief of his Majesty's Roman 
 Catholic subjects,' and to report as to any violations of the provisions 
 of the said Act, and on the position of Popery and Protestantism, 
 preparatory to an address to the Protestants of the United Kingdom, 
 have to report as follows : 
 
 " I. With reference to the 10th Geo. IV., c. 7, commonly called 
 the Roman Catholic Emancipation Act, they find that provisions on 
 the various points hereinafter enumerated, are, amongst others, con- 
 tained in the said Act. 
 
 " The objects of that Act appear to have been twofold. 
 
 " 1. To confer benefits on the Roman Catholics, by removing certain 
 civil disabilities. 
 
 "2. To secure Protestants against Romish aggressions, arid the 
 evils which they apprehended might result from such concessions. 
 
 " The first of these objects has been accomplished. A few instances 
 from many more which might be enumerated, may be mentioned 
 in illustration. 
 
 '* Roman Catholic Peers sit in the House of Lords. 
 
 " Roman Catholic laymen sit in the House of Commons. 
 
 " Roman Catholics sit at the Privy Council Board. 
 
 " A Roman Catholic is Master of the Mint. 
 
 " A Roman Catholic is Governor of Malta. 
 
 " A Roman Catholic is Master of the Horse. 
 
 " A Roman Catholic is Under-Secretary in Ireland. 
 
 " A Roman Catholic is Attorney-General there.'f 
 
 * Dated November 23, 1849. 
 
 f It is to be remembered also, that a Roman Catholic is Vice -Chamberlain of the 
 Queen's Household, in England : a Roman Catholic, also, is Chief Baron of the 
 Court of Exchequer, in Ireland. 
 
APPENDIX. 145 
 
 " Roman Catholics also hold various judicial and other offices of 
 importance in this country, in Ireland, and the Colonies.* 
 
 " The second object contemplated by the Act, viz., the protection 
 of Protestant interests, was but inefficiently attempted, and has been 
 very inadequately accomplished. 
 
 " This was from no want of avowed intention on the part of those 
 by whom that measure was passed into a law, to provide ample 
 security. For, to effect it, special provisions were enacted, and 
 to secure their performance, penalties were attached. 
 
 " Most of these provisions, however, have, in the opinion of your 
 Sub-Committee, been violated or evaded. It is now, therefore, 
 proposed to ascertain what those evasions or violations have been, 
 and how far the protective provisions of the Act of Parliament under 
 consideration may be put in force, so as to prevent a like infringement 
 of those provisions in future ; and give to the Protestant Institutions 
 of our country that real protection, which at present they only nominally 
 enjoy. 
 
 " Your Sub-Committee would, therefore, draw attention to the 
 following points : 
 
 " I. What were those provisions ? 
 " II. What are the penalties? 
 
 " III. What is the mode of proceeding ? 
 
 " IV. What have been the infringements? 
 
 " I. The provisions intended to be protective of the Protestant 
 Institutions in Church and State, are contained in various sections, 
 and were to the effect following, viz. : 
 
 " 1. Requiring the oath prescribed by the Act to be taken by 
 Roman Catholic Members of Parliament, and electors, and persons 
 holding military and naval offices, and places of trust and profit under 
 the Crown, and also by Members of Lay Corporations, in lieu of the 
 former oaths of allegiance, supremacy, and abjuration, and the decla- 
 ration against Transubstantiation, Invocation of Saints, and the 
 sacrifice of the Mass ; see sections 2, 5, 8, 10, and 14. The concluding 
 portion of that oath is as follows : c I do swear that I will defend to 
 the utmost of my power the settlement of property within this realm, 
 as established by the laws ; and I do hereby disclaim, disavow, and 
 solemnly abjure any intention to subvert the present Church Estab- 
 lishment, as settled by law within this realm ; and I do solemnly 
 swear that I never will exercise any privilege to which I am, or may 
 become entitled, to disturb or weaken the Protestant religion or 
 
 * It is rumoured that a Koman Catholic Peer is to be appointed to the important 
 office of Chairman of Committees of the House of Lords. 1849. 
 
146 APPENDIX. 
 
 Protestant Government in the United Kingdom : and I do solemnly, 
 in the presence of God, profess, testify, and declare, that I do make 
 this declaration, and every part thereof, in the plain and ordinary sense 
 of the words of this oath, without any evasion, equivocation, or 
 mental reservation whatsoever : ' section 2. 
 
 " 2. Forbidding Roman Catholic priests to sit in the House of 
 Commons : section 9. 
 
 " 3. Withholding certain civil and ecclesiastical offices : sections 
 12, 16. 
 
 " 4. Forbidding interference with Church patronage and ecclesi- 
 astical appointments: sections 15, 18. 
 
 " 5. Forbidding the assumption by Roman Catholics of the name, 
 style, or title of Archbishop of any Province, Bishop of any Bishopric, 
 or Dean of any Deanery : section 24?. 
 
 " 6. Prohibiting, also, judicial and other officers from attending 
 other places of public worship, than those of the Established Churches 
 in England, Ireland, and Scotland, with the robes or insignia of their 
 office, and imposing penalties on Roman Catholic ecclesiastics, for 
 officiating or wearing the habit of their order, except in their usual 
 places of worship : sections 25, 26. 
 
 "7. Providing for the 'gradual suppression, and final prohibition* 
 of Jesuits, and members of other religious orders, bound by monastic 
 or religious vows, and prescribing terms on which, during the mean 
 time, they might be suffered to reside in the United Kingdom: 
 sections 28, 29, 30, 31, 32, 33, 34, 35, 36. 
 
 " By sect. 37 : Religious orders, consisting of females, are exempted 
 from the above regulations. But it would appear to your Committee 
 that such establishments should be open to the inspection of visiting 
 justices, as other places of confinement are, in order to prevent the 
 young from being improperly entrapped, or detained against their 
 own or their parents' wishes. 
 
 " II. The various penalties prescribed by the Act for infringing 
 its provisions are: Fine. Imprisonment. Forfeiture of office. 
 Disability to hold any civil or military office under the Crown. 
 Banishment. Transportation for Life. (See schedule attached, in 
 subsequent column.) 
 
 " III. The mode of proceeding is in some cases, before the Queen 
 in Council, or by indictment, or information in the name of Her 
 Majesty's Attorney-General, &c. Sect. 38. 
 
 " IV. The infringements have been numerous, some of them well 
 known, viz. : 
 
 " 1. Violation of the spirit, if not of the letter of the oath by 
 
APPENDIX. 
 
 147 
 
 Roman Catholic Members of Parliament, in voting for one Bill 
 which diminished the number of Irish bishops by ten, and another 
 which took off twenty-five per cent, of the incomes of the Irish clergy. 
 
 " 2. The assumption of the name, style, and title of Archbishop, 
 &c., &c., contrary to provision of sect. 24, as in the case of Dr. 
 M'Hale, who usurped the title of Archbishop of Tuam, while the 
 Protestant Archbishop was living, and of Dr. Murray, now styled 
 Roman Catholic Archbishop of Dublin. 
 
 " 3. Attending with robes and insignia of office, against the pro- 
 visions of sect. 25. This was frequently done by the late Mr. 
 O'Connell as Lord Mayor of Dublin. It has too been done by 
 others in England. 
 
 " 4. Officiating or wearing the habits of their orders out of usual 
 places of public worship. This also has been repeatedly done. 
 
 " 5. Increase in number of Jesuits, and members of other monastic 
 institutions. This is a matter of boast amongst Roman Catholics, and 
 their own Directory gives a list of the institutions. 
 
 " It is therefore suggested that, with other steps to be taken, it 
 might be desirable to move for a return from Her Majesty's 
 principal Secretaries of State, and from the Secretary of the Lord- 
 Lieutenant of Ireland, of all copies of notices delivered to the Clerks 
 of the Peace of counties, by Jesuits, or Members of other religious 
 orders of the Church of Rome, pursuant to provisions of sections 28 
 and 30, containing the particulars required to be set forth in 
 conformity with the Schedule thereby prescribed. 
 
 " And to ask also in the House of Commons, Have there been 
 laid before Parliament any accounts of licenses granted by any one of 
 Her Majesty's principal Secretaries of State, to Jesuits, or Members 
 of other religious orders of the Church of Rome, to come into the 
 United Kingdom for the limited period prescribed by sect. 32 ; and 
 whether any such licenses have been granted ? And if any have been 
 granted, to move that an account of them be laid before Parliament. 
 
 " The following tabular statement may assist in referring to the 
 provisions of the Act, and the violations of them : 
 
 SCHEDULE. 
 
 ANALYSIS OF PROVISIONS CONTAINED IN 10 GEO. IV. c. 7. 
 
 The Provisions. 
 
 Penalties. 
 
 Mode of 
 Proceed- 
 ing. 
 
 r Infringements. 
 
 Requiring an oath to be 
 taken, in lieu of the Oath 
 of Allegiance, Supremacy, 
 and abjuration, and the de- 
 claration against Transub- 
 stantiation, Invocation of 
 Saints, and the Sacrifice of 
 the Mass. ss. 2, 5, 8, 10. 
 
 Roman Catholic Members of 
 Parliament liable to same 
 penalties as other Members 
 of Parliament voting without 
 taking oath required by law. 
 Entering on office without 
 taking oath, 200*., fines and 
 forfeiture of office, ss. 4, 21 . 
 
 L 2 
 
 By infor- 
 mation in 
 name of 
 Her 
 Majesty's 
 Attorney- 
 General, 
 s. 38. 
 
 Terms of oath departed from 
 in cases of tithe, 
 bishoprics, appropriation, 
 Church-rates, &c. 
 
.ft.rr.urs.uiA. 
 
 The Provisions. 
 
 Penalties. 
 
 Mode of 
 Proceed- 
 log. 
 
 Infringements. 
 
 Excluding Roman Catho- 
 lic Priests from House of 
 Commons, s. 9. 
 
 The same as enacted by 41 G. 3. 
 
 
 
 Withholding certain Civil 
 and Ecclesiastical offices, 
 ss. 12, 16. 
 
 
 
 
 Forbidding interference with 
 Church Patronage, and Ec- 
 clesiastical Appointments. 
 ss. 15, 18. 
 
 Disability to hold any office 
 under the Crown, s. 18. 
 
 Indictment 
 
 
 Forbidding the Assump- 
 tion by Roman Catholics oi 
 the name, style, or title of 
 Archbishop of any Province, 
 Bishop of any Bishopric, or 
 Dean of any Deanery, s. 24. 
 
 Forfeiture for each offence, 
 100/. s. 24. 
 
 Informa- 
 tion in 
 name of 
 Her 
 Majesty's 
 Attorney- 
 General, 
 s. 38. 
 
 Dr. M'HaleandDr. Murray. 
 
 Prohibiting judicial, and 
 other officers, from attending 
 other places of public wor- 
 ship than those of the Esta- 
 blished Churches in England, 
 Ireland, and Scotland, with 
 the Robes or Insignia ol 
 their office. Imposing Pe- 
 nalties on Roman Catholic 
 Ecclesiastics for officiating. 
 or wearing the habit of their 
 order except in their usual 
 places of worship, ss.25, 26. 
 
 100J. 
 
 Informa- 
 tion, s. 38. 
 
 Case of the late High Sheriff 
 of York. Late Mr. O'Con- 
 uell, &c., &c. 
 
 Rainhill Procession. The 
 Consecration at Cheadle. 
 Opening the Romish Ca- 
 thedral at St. George's-in- 
 the-fields, &c., &c. 
 
 501. 
 
 Providing for the gradual 
 Suppression, and final Pro- 
 hibition of Jesuits, and mem- 
 bers of other Religious Or- 
 ders, bound by Monastic or 
 Religious vows, and pre 
 scribing terms on which, 
 during the mean time, they 
 might be suffered to reside 
 in the United Kingdom, ss. 
 28, 29, 30, 31, 32, 33, 34, 35, 
 36. 
 
 50J. a month for not delivering 
 notice within six months 
 after passing of this Act. 
 s. 28. 
 
 Informa- 
 tion and 
 Indictment 
 
 Stoneyhurst. Clongowes 
 Wood. St. Mary Blairs. 
 
 Monasteries in midland dis- 
 trict, and elsewhere. 
 
 Banishment for life, for coming 
 into the Realm, ss. 29 31. 
 
 Natural-born subjects, not 
 being registered, 501. a 
 month, s. 30. 
 
 Admitting persons as mem- 
 bers of such religious orders. 
 
 Fine and imprisonment. 
 s. 33. 
 
 " But over and above such violations and evasions by Roman 
 Catholics, is to be considered the policy and conduct of different 
 Administrations, and Government officials, during the last few years. 
 
 "Passing on, therefore, from the Act of 1829, your Sub-Committee 
 now come to consider the other points referred to in the minute ; viz., 
 the aspect and position of Popery and Protestantism. 
 
 " Rome was not slow in making use of the advantage given her by 
 the Act of 1829. She increased enormously in power, she am- 
 plified her machinery, as the following statistics will show, and has 
 erected for the subversion of our Protestant faith and liberties, many 
 institutions, contrary to the provisions of the Act of 1829. 
 
 " In 1792, there were not thirty Roman Catholic chapels in Great 
 
APPENDIX. 149 
 
 Britain, nor was there one Roman Catholic College ; but the lapse of 
 a few years has made a great alteration. 
 
 " Attention is specially invited to the following statistics as to 
 Popery, from the * Catholic Directory' for 184-9. 
 
 " In Great Britain * there are : 
 
 4 * Chapels, inclusive of seven building . . 674? 
 
 " Priests 880 
 
 " Monasteries 13 
 
 *' Convents . . . . . . .41 
 
 " Colleges 11 
 
 " Schools in England and Wales . . . 250 
 
 " Stations where worship is performed . . 22 
 
 " Bishops and Vicars Apostolic . . . .15 
 " Bishops and Vicars Apostolic in Colonies . . 38 
 
 " Thus it would appear, that the Church of Rome has planted amongst 
 us a more powerful agency for the perversion of this empire to Popery, 
 than the Church of England has in operation throughout the whole 
 world for the conversion of the heathen I I 
 
 " Yet it was not by her own activity alone, that such increase was 
 effected. There were many favouring causes. During the last twenty 
 years, various political and theological movements have taken place, by 
 no means creditable to a Protestant Church and people, and tending to 
 advance the cause of Rome. 
 
 " Divines of the Church of England have advocated her claims, 
 defended her doctrines, and joined her communion. 
 
 " Statesmen, vieing with each other for power, place, or popularity, 
 have supplanted or outbid each other to gain her favour, till at length 
 the Protestants of the British Empire see they must judge and act for 
 themselves, and refuse any confidence to men whose policy would 
 augment the evils of the country by augmenting the influence of 
 Popery in the Legislature, or administration of the affairs of the 
 Empire. 
 
 " To govern England through Ireland, and Ireland through Rome, 
 seems the darling object of some, to whatever humiliating resources 
 or alternatives it may reduce them. 
 
 " On the occasion of Her Majesty's late visit to Ireland, as reported 
 
 * This does not include Ireland, where the Pope has twenty-seven Archbishops 
 and Bishops, and 3,000 priests, most of whom have been educated by grants from 
 a Protestant Parliament, nor his numerous agents in our Colonial and tributary 
 dependencies, and other parts of the world, who track the footsteps of our 
 missionaries with unabating industry and zeal. 
 
150 APPENDIX. 
 
 in the papers, Dr. Murray, a nominee of the Bishop of Rome, was 
 officially recognised by the Queen's Lord-Lieutenant as Roman Catholic 
 Archbishop of Dublin, precedence was given him over the nobility, 
 including the Duke of Leinster, and Her Majesty's Ministers, though 
 the assumption of such territorial title is expressly forbidden by the 
 24th sect, of 10 Geo. IV. c. 7. 
 
 " Indeed, Roman Catholics have long been uniformly favoured. 
 The misery thereby engendered in Ireland has been great, the cost 
 to England unprecedented. 
 
 " From 1829 to this day, scarcely a session has passed in which some 
 important measure has not been enacted, or attempted, in favour of 
 Popery, removing disabilities, giving increased political power, 
 augmenting her endowments, or inflicting heavy blows and serious 
 discouragements on Protestantism. 
 
 " Amongst them, may be mentioned those, the effect of which 
 was : 
 
 " To diminish by ten the number of Archbishops and Bishops. 
 
 " To diminish the incomes of the Irish clergy. 
 
 " To transfer power in most of the Corporations from the hands 
 of Protestants to Roman Catholics. 
 
 " To enable Roman Catholics to bequeath land for charitable or 
 superstitious purposes. 
 
 " To tax the revenues of the country with nearly 100,000/. a year 
 for a system of education against which nearly three-fourths of the 
 Protestant clergy in Ireland protest.* 
 
 " Further must be mentioned : 
 
 " The endowment of Maynooth College with nearly 30,000/. a year. 
 
 " The erection of the three new Colleges in Ireland. 
 
 " The Act for establishing Diplomatic Relations with Rome. 
 
 " The result of these measures has been, augmented difficulty and 
 embarrassment in administering the affairs of Ireland, increased crime, 
 increased poverty, increased turbulence and insurrection ; kept down at 
 a heavy charge for constabulary and military. 
 
 " England has, moreover, had to pay heavily for suffering Popery to 
 be endowed in Ireland, and for training the public mind upon prin- 
 ciples adverse to the stability of her own Government and Institutions. 
 
 "How many Administrations has not Popery overthrown? Has it 
 not been the stumbling-block of each successive Government I 
 
 "In 1806, the Liberal Administration of 'all the Talents' came into 
 office, pledged to a pro-Popery policy. 
 
 " In 1807, ' all the Talents' went out of office. 
 
 * The grant to the Kildare Place Society had before been withdrawn. 
 
APPENDIX. 151 
 
 " The pro-Popery policy of Mr. Canning kept him out of office for 
 years. 
 
 "In 1829, the once powerful Administration of the Duke of 
 Wellington and Sir R. Peel departed from the Protestant policy 
 hitherto pursued, broke in upon the Constitution of 1688, and in 1830 
 it was driven from power. 
 
 "In 1834, the Liberal Government of Lord Melbourne, having 
 inflicted heavy blows and severe discouragements upon Protestantism, 
 was compelled to resign, and in December, 1834, was succeeded by 
 Sir Robert Peel, who again came into power. Sir Robert Peel declared 
 Ireland to be his chief difficulty. The Roman Catholics at once 
 made it so ; and in April, 1835, Sir R. Peel was again out of office, 
 and succeeded by Lord Melbourne. 
 
 " The Roman Catholics made boast of this. * How glorious/ 
 exclaimed one of their leaders, * that we put the Tories out of office 
 by a Resolution on the Irish Church and the great principle of the 
 secular appropriation of Church property !' 
 
 " In 1841, Sir Robert Peel came again into office. 
 
 "In 1845, in defiance of the wishes of many of his own party, and 
 the remonstrances of more than one million and a quarter of Pro- 
 testants, he passed, with the help of his opponents, the Act for per- 
 manently and largely endowing Maynooth College. 
 
 " In 1846, he was again out of office, and Lord John Russell came 
 into power. 
 
 " From that time to this, the present Administration has existed 
 more by the weakness or toleration of divided opponents, than by 
 its own internal union and strength. It has, however, exhibited 
 throughout a disposition a determination to exalt Popery at the 
 expense of Protestantism. 
 
 " The above brief recapitulation shows that neither the Liberal nor 
 the Conservative party have permanently gained ; any more than 
 England or Ireland has been benefited ; but that Romanism throughout 
 has advanced steadily onward to gain her point supremacy. 
 
 " The recent proceedings in the affair at Dolly's Brae are illustrative 
 of this ; and even if it might have been thought more judicious to 
 have discountenanced altogether the procession of men, as loyal as 
 they were brave, yet to have made Lord Roden suffer for an act 
 over which he had little or no control, and to dismiss him from the 
 magistracy ; contrasts so strikingly with the leniency shown to Romish 
 agitation, that it must be regarded as a proof of the strong but secret 
 influence of Popery over those who administer the affairs of Ireland ; 
 and tend to convince the public mind of this country, that where 
 
152 
 
 APPENDIX. 
 
 Popish intrigue or power can be availably exercised to elevate Popery 
 there the spirit of the British Constitution the letter of the law ex- 
 alted rank, or years devoted to the public service, will all be disregarded. 
 
 "The proceedings in and out of Parliament since the last general 
 election indicate a rising spirit of intelligence both amongst electors 
 and their representatives upon the Protestant question, and a determi- 
 nation no longer to be hoodwinked as to the real nature, designs, and 
 tendency of Popery. 
 
 '* Communications continually received from Ireland point out the 
 diminished hold which the priesthood have upon the people of that 
 country; the importance of providing protection for Protestants and 
 Roman Catholics in exercising their civil rights, in reading the 
 Scriptures, and continuing or becoming members of the Church 
 which takes the Bible alone for its rule of faith. 
 
 " And while many Protestant Societies are labouring for the 
 evangelization of Ireland it seems the bounden duty of others carefully 
 to provide that no political movements take place which may tend to 
 disseminate the corruptions of Popery, to increase her influence, or 
 rivet the chains of superstition upon the Roman Catholics of Ireland, 
 of England, or of the Colonies. 
 
 " As another encouraging fact, the Sub-Committee desire to conclude 
 their Report by appending a tabular statement compiled from Mr. 
 Dod's ' Parliamentary Companion for 1849.' 
 
 " On referring to that work they find the following places 
 enumerated by him in which the question of the endowment of Popery 
 was put prominently forward, and the candidate elected to serve as 
 Member had expressed himself in the negative upon the subject. 
 
 " Many more might have been found some of whom are so well 
 known as opposers of Popery that their opposition to any endowment 
 of it was taken for granted such as Lord Ashley, Sir Robert Inglis, 
 Mr. Piumptre, Mr. Beresford, Mr. G. A. Hamilton, Mr. J. H. 
 Hamilton, the Hon. C. E. Law, Mr. Napier, Mr. Newdegate, Sir Wm. 
 Verner, &c., &c. 
 
 SCHEDULE. 
 
 Nameof Member.] Constituency. 
 
 Abdy, T. N jLyme Regis 
 
 Adair, R. A. S... 'Cambridge Bor. 
 Alford, Viscount Bedfordshire.... 
 Anderson, A Orkney and Shet- 
 land 
 
 Basshaw, J Harwich 
 
 Bailey, J Brecknockshire . 
 
 Baines. M. T. ..Hull 
 
 Baldock, E. H...;Shrewsbury .... 
 
 Party. 
 
 Lib. 
 Lib. 
 Con. 
 
 Lib. 
 
 Lib. 
 
 Con. 
 Lib. 
 Con. 
 
 Declaration. 
 
 Opposed to the endowment of the R. C. clergy. 
 Opposed to the endowment of the R. C. clergy, &c., &c. 
 Ditto. 
 
 Opposed to the application of State funds to religious 
 
 endowments. 
 Opposed to the endowment of the R. C. clergy. 
 
 Ditto. 
 
 Ditto. 
 
 Ditto. 
 
APPENDIX. 
 
 153 
 
 Name of Member 
 
 Baring, Thos. .. 
 Benbow, John .. 
 Berkeley, C.L.G. 
 Boyle, Hon. R.E. 
 
 Brackley, Visct. 
 Bremridge, R. .. 
 Brooke, Lord .. 
 
 Buck, W. L 
 
 Buller.SirJ.B.Y., 
 
 Bart 
 
 Bunbury, E. H.. 
 Burghley, Lord . 
 Cabbell, B. B. .. 
 Campbell, Hon. 
 
 W. F 
 
 Chandos, Marquis 
 
 of 
 
 Hon. 
 
 Charteris, 
 
 F. W 
 
 Chichester, Lord 
 
 J. L 
 
 Cholmeley, Sir 
 
 M.J 
 
 Christopher.R.A. 
 
 Clay, J 
 
 Clive, H. B 
 
 Cobbold, J. C. .. 
 
 Coles, H. B 
 
 Col vile, C. R. .. 
 Compton, H. C. 
 Courtenay, Visct. 
 
 Cowan, C 
 
 Davie.SirH.R.F. 
 Denison, E. B... 
 
 Dod, J. W 
 
 Drumlanrig, Vis. 
 Duckworth, Sir J. 
 
 T. B 
 
 Buncombe, Hon. 
 
 O 
 
 Dundas, George 
 
 Dupre, C.G 
 
 Ebrington, Visct. 
 
 Edwards, H 
 
 Ellis, John 
 
 Euston, Earl of. . 
 
 Farrer, J 
 
 Fergus, John .. 
 Filmer, Sir E., 
 
 Bart 
 
 Fordyce, A. D... 
 
 Fox, R. M 
 
 Fox, W. J 
 
 Freestun, W. L. 
 
 Frewen, C. H. 
 Gal way, Visct. .. 
 
 Glyn, G.C 
 
 Goddard, A. L... 
 
 Gooch, E. S 
 
 Greenall, G 
 
 Gwyn, H 
 
 Hanmer, Sir J... 
 Hardcastle, J. A. 
 
 Hastie, A. ... 
 
 Heald, J 
 
 Henry, A 
 
 Heyworth, L. .. 
 Hildyard, R. C.. 
 Hildyard, T.B.T 
 Hodges, T. L. ., 
 
 Constituency. 
 
 Huntingdon 
 
 Dudley 
 
 Cheltenham 
 Frome 
 
 Staffordshire, N. 
 
 Barnstaple 
 
 Warwick, S. .... 
 Devon, N 
 
 Devon, S 
 
 Bury StEdmnd's 
 Lincolnshire, S. 
 Boston 
 
 Cambridge Bor. . 
 Buckingham Bor. 
 
 Haddingtonshire 
 Belfast 
 
 Lincolnshire, N. 
 Lincolnshire, N. 
 
 Hull 
 
 udlow 
 
 Ipswich 
 
 Andover 
 
 Derbyshire, S. . . 
 
 Hants, S 
 
 Devonshire, S... 
 
 Edinburgh 
 
 Haddington 
 Yorkshire, W.R 
 
 Salop, N 
 
 Dumfriesshire .. 
 
 Exeter 
 
 Yorkshire, N. R 
 Linlitligowshire 
 
 Buckinghamshire 
 
 Plymouth 
 
 Halifax 
 
 Leicester 
 
 Thetford 
 
 Turham, S 
 
 Fifeshire 
 
 Kent, W 
 
 Aberdeen , 
 
 Longford 
 
 Oldham 
 
 Weymouth .... 
 
 Sussex, E 
 
 Retford, E 
 
 Ken-Jail 
 
 Cm-Made 
 
 Suffolk, E 
 
 Warrington .... 
 Penryn and Fal 
 
 mouth 
 
 Flint 
 
 Colchester 
 
 Glasgow 
 
 Stockport 
 
 Lancashire, S. . . 
 
 Derby 
 
 Whitehaven . . 
 Nottinghamsh.S 
 Kent, W , 
 
 Party. 
 
 Con. 
 Con. 
 Lib. 
 Lib. 
 
 Con. 
 Con. 
 Con. 
 Con. 
 
 Con. 
 Lib. 
 Con. 
 
 Lib. 
 Con. 
 
 Con. 
 Con. 
 
 Lib. 
 Con. 
 Lib. 
 Con. 
 Con. 
 
 Prot, 
 Con. 
 Con. 
 Con. 
 
 Lib 
 
 Lib. 
 
 Con. 
 
 Con. 
 
 Con. 
 
 Con. 
 Con. 
 
 Con. 
 Lib. 
 Con. 
 Lib. 
 Lib. 
 Con. 
 Lib. 
 
 Con. 
 Lib. 
 Lib. 
 Lib. 
 Lib. 
 
 Declaration. 
 
 Opposed to the endowment of the R. C. clergy. 
 
 Ditto. 
 
 Ditto. 
 Opposed to any fresh endowments of any Church from 
 
 the public funds. 
 Opposed to endowment of the R. C. clergy. 
 
 Ditto. 
 
 Opposed to endowment of R. C. Church. 
 Opposed to endowment of R. C. clergy. 
 
 Ditto. 
 
 Ditto. 
 
 Ditto. 
 
 Opposed the grant to Maynooth. 
 
 Opposed to endowment of R. O. clergy. 
 
 Will endeavour to preserve unimpaired the Protestant 
 religion. 
 
 Opposed to endowment of R. C. clergy. 
 
 Will vote for repeal of grant to Maynooth College. 
 
 Opposed to any grant to the R. Catholics. 
 Opposed to endowment of R. C. clergy. 
 
 Ditto. 
 
 Ditto. 
 
 Ditto, and all further concessions to that 
 
 Church. 
 Opposed to endowment of R. C. clergy. 
 
 Ditto. 
 
 Ditto. 
 Will support the Ch. in Ireland, but is willing to endow 
 
 the R. C. clergy out of Irish land. 
 Opposed to endowment of R. C. clergy. 
 Opposed to all further religious endowments. 
 Opposed to endowment of R. C. clergy 
 Will resist further concessions to the Church of Rome. 
 Opposed to endowment of R. C. clergy. 
 
 Adverse to all further concessions to the R. Catholics. 
 
 Opposed to endowment of R. C. Church. 
 
 Adverse to all endowments of religious creeds which are 
 
 opposed to the Established Church. 
 Opposed to endowment of R. C. clergy. 
 
 Ditto. 
 
 Ditto. 
 
 Ditto. 
 
 Ditto. 
 
 Ditto. 
 
 Ditto. 
 
 Ditto. 
 
 Opposed to any further religious endowments. 
 Opposed to endowment of K. C. clergy. 
 Opposed to all religious endowments. 
 In favour of either the endowment of all religious bodies 
 
 or of none. 
 
 Con. [Opposed to any further concession to R. C. Church. 
 Con. j Opposed to endowment of R. C. clergy. 
 
 Lib 
 Con. 
 Con. 
 Con. 
 
 Con. 
 Con. 
 Lib. 
 
 Lib. 
 
 Con. 
 Lib. 
 Lib. 
 Con. 
 Con. 
 Lib. 
 
 Ditto. 
 Ditto. 
 Ditto. 
 Ditto. 
 
 Opposed to any further concessions to R. C. Church. 
 
 Opposed to endowment of R. C. Church. 
 
 Opposed to all religious endowments out of the funds of 
 
 the State. 
 Opposed to endowment of R. C. clergv. 
 
 Ditto. 
 
 Opposed to grants of money for religious endowments. 
 Opposed to endowment of R. C. clergy. 
 
 Ditto. 
 
 Ditto. 
 
 Ditto. 
 
154 
 
 APPENDIX. 
 
 Name of Member. Constituency. Party. 
 
 Declaration. 
 
 Hodgson, W. N. 
 
 Hood, Sir A 
 
 Hughes, W. B... 
 Jackson, W 
 
 King.Hon.P.J.L. 
 
 Lacy, H. C 
 
 Lennox, Lord H. 
 Lewis, Rt. Hon. 
 
 Sir T. F 
 
 Loch, J 
 
 Lowther, H 
 
 Lowther, Hon.H. 
 
 C 
 
 Lushington, C.. 
 Mandeville, Vis. 
 Manners.Ld.G.J. 
 March, Karl of.. 
 Masterman, J. .. 
 Matheson, A. .. 
 MaunsellCol.P.T 
 Meux, Sir H.... 
 Moody, C. A.... 
 Mo watt, F 
 
 Carlisle 
 
 SomersetshireW 
 
 Carnarvon 
 
 Newcastle-under 
 Lyme 
 
 Surrey, E 
 
 Bodmin 
 
 Chichester 
 
 Radnor 
 
 Wick 
 
 Cumberland, W 
 
 Mullings, J. R... 
 Mundy, E. M.*.. 
 Noel, Hon. G. . . 
 Ossulston, Lord 
 Paget,LordC. E. 
 
 Palmer, R 
 
 Pattison, J.f.... 
 
 Pearson, C 
 
 Pigott, F 
 
 Pilkington, J. . . 
 Plowden,W.H.C. 
 
 Prime, R 
 
 Pugh, David.. .. 
 Rendlesham, Ld 
 Robartes, T. J. A 
 Rolleston, L.... 
 Rufford, F. 
 Rushout, G. .. . 
 Salwey, H. ... 
 Sandars, G. .. . 
 Scholefield, Wm 
 Seaham, Visct.. 
 Shafto.R.D.... 
 Shirley, E. J. . 
 
 Sidney, T 
 
 Somerton, Visct. 
 
 Stanley, E 
 
 Stephenson, R... 
 Stuart, LordD.C. 
 
 Westmoreland .. 
 Westminster.. .. 
 
 Bewdley 
 
 Cambridgeshire 
 
 Sussex, W 
 
 London 
 
 Inverness 
 
 Northamptns. N. 
 Hertfordshire . . 
 SomersetshireW. 
 Penryn and Fal- 
 
 mouth 
 
 Cirencester .... 
 Derbyshire, S. .. 
 Rutlandshire . . . 
 Northumb. N. . . 
 
 Sandwich 
 
 Plymouth 
 
 London 
 
 mbeth 
 
 [leading 
 
 Blackburn 
 
 Newport, Isle of 
 
 Wight 
 
 Sussex, W 
 
 Montgomery .... 
 
 Suffolk, E 
 
 Cornwall, E. . . . 
 Nottingham, S.. 
 
 Worcester 
 
 Worcestersh. E 
 
 Ludlow 
 
 Wakefield 
 
 Birmingham .. . 
 Durham, N. .. . 
 Durham, N. ... 
 Warwickshire, S 
 
 Stafford 
 
 Wilton 
 
 Cumberland, W. 
 
 Whitby 
 
 Marylebone .... 
 
 Sturt, H. G 
 
 Talfourd, T. N.f 
 Townley, R. G 
 Tynte, C. J. K. 
 
 Vivian,!. E 
 
 Waddington, D. 
 Westhead, J. P. 
 
 Willcox, B 
 
 Willyams, H. . 
 
 Wilson, J 
 
 Wyld, J 
 
 Dorchester ... 
 
 Heading 
 
 Cambridgeshire 
 Bridgewater 
 
 Truro 
 
 Maldon 
 
 Knaresborough . 
 
 Southampton . 
 
 Truro 
 
 Westbury 
 
 Bodmin 
 
 Con. 
 Con. 
 Lib. 
 
 Lib. 
 
 Lib. 
 Lib. 
 
 Lib. 
 Lib. 
 Con. 
 
 Con. 
 Lib. 
 Con. 
 Con. 
 
 Con. 
 Con. 
 Prot. 
 
 Lib. 
 Con. 
 Con. 
 Prot. 
 Con. 
 Lib. 
 Con. 
 Lib. 
 Lib. 
 Lib. 
 
 Opposed to endowment of R. C. clergy. 
 Ditto. 
 Ditto. 
 
 Strongly opposed to any further endowment of R. C. 
 
 clergy. 
 
 Opposed to all religious endowments by the State. 
 Opposed to endowment of R. C. clergy. 
 Ditto. 
 
 Opposed to any further religious endowments. 
 Opposed to all religious endowments. 
 Opposed to endowment of R. C. clergy. 
 
 Ditto. 
 
 Opposed to all religious endowments. 
 Opposed to any endowment of R. C. clergy. 
 
 Ditto. 
 
 Ditto. 
 
 Is prepared to resist any further concessions to Popery. 
 Opposed to all further religious endowments. 
 Opposed to endowment of R. C. clergy. 
 Opposed to further concessions to R. C. Church. 
 Opposed to endowment of R. C. clergy. 
 
 Ditto. 
 Ditto. 
 Ditto. 
 Ditto. 
 Ditto. 
 Ditto. 
 Ditto. 
 Opposed to all religious endowments. 
 
 Ditto. 
 ; Opposed to endowment of R. C. clergy. 
 
 Lib. Opposed to all religious endowments. 
 
 Con. Will oppose all concessions to R. C. clergy. 
 
 Prot. (Opposed to endowment of R. C. clergy. 
 
 Lib. Ditto. 
 
 Con. I Ditto. 
 
 Lib. I Ditto. 
 
 Con. | Ditto. 
 
 Con. i Opposed to endowment of R. C. clergy. 
 
 Con. I Ditto. 
 
 Lib. Opposed to all religious endowments. 
 
 Con. Opposed to endowment of R. C. clergy. 
 
 Rad. Ditto. 
 
 Con. Ditto. 
 
 Lib. Ditto. 
 
 Con. Ditto. 
 
 Lib. Ditto. 
 
 Con. Ditto. 
 
 Con. Ditto. 
 
 Con. Ditto. 
 
 Lib. Opposed to the maintenance of any religious disabilities, 
 
 and to all religious endowments. 
 Con. Opposed to endowment of R. C. Church. 
 Lib. Oppjsed to endowment of R. C. clergy. 
 Lib. Ditto. 
 
 Lib. Ditto. 
 
 Con. Ditto. 
 
 Con. Ditto. 
 
 Lib. Opposed to all religious endowments out of the national 
 
 revenue. 
 Lib. Opposed to the application of any part of the public funds 
 
 to religious endowments. 
 Lib. Opposed to endowment of R. C. clergy. 
 Lib. Opposed to religious endowments. 
 Lib. Opposed to endowment of R. C. clergy. 
 
 * On the decease of Mr. E. M. Mundy, Mr. W. Mundy was elected for South Derbyshire. 
 
 jOn the decease of Mr. Pattison, Sir James Duke, Bart., was elected for the City of London ; 
 and on the elevation of Mr. Sergeant Talfourd to the Bench, Mr. Standford, strongly opposed to the 
 Endowment of Popery, was elected for Reading. 
 
APPENDIX. 155 
 
 " The names of many other places and Candidates might be 
 given, which are not specified by Mr. Dod ; but it is considered 
 better to rest upon the evidence supplied by him, and which is 
 accessible to all. 
 
 " Signed, on behalf of the Committee, 
 
 "JAMES LORD, Chairman. 
 
 " Protestant Association Committee-room, 
 "Nov. 23, 1849." 
 
 APPENDIX H. 
 
 THE CROWN OF ENGLAND SUBJECT TO NONE 
 BUT GOD. 
 
 The STATUTE OP PR.EMTJNIRE, 16 Richard II., c. 5, 
 passed A.D. 1392, against purchasing Bulls from 
 Rome ; being an assertion of the supremacy of the 
 Crown, and a protest against the interference of 
 the Bishop of Rome in the affairs of this kingdom, 
 even in the times when the King, the Lords, and 
 Commons, were in communion with the Church of 
 Rome. 
 
 WHEREAS, the Commons of the realm in this present Parlia- 
 ment have showed to our redoubted Lord the King, grievously 
 complaining, That, whereas, the said our Lord the King, and 
 all his liege people, ought of right, and of old time were wont 
 to sue in the King's Court to recover their presentments to 
 churches, prebends, and other benefices of holy Church, to the 
 which they had right to present, the cognisance of plea of which 
 presentment belongeth only to the King's Court of the old right 
 of his Crown, used and approved in the time of all his progeni- 
 tors, kings of England, and when judgment shall be given in 
 
156 APPENDIX. 
 
 the same Court upon such a plea and presentment, the arch- 
 bishops, bishops, and other spiritual persons which have institu- 
 tion of such benefices within their jurisdiction, be bound and 
 have made execution of such judgments by the King's com- 
 mandments of all the time aforesaid without interruption (for 
 another lay person cannot make such execution), and also be 
 bound of right to make execution of many other of the King's 
 commandments, of which right the Crown of England hath 
 been peaceably seised as well in the time of our said Lord the 
 King that now is, as in the time of all his progenitors till this 
 day. But now, of late, divers processes be made by the Bishop 
 of Rome, and censures of excommunication upon certain Bishops 
 of England because they have made execution of such com- 
 mandments to the open disherison of the said Crown, and 
 destruction of the regality of our said Lord the King, his law, 
 and all his realm, if remedy be not provided. 
 
 And also it is said, and a common clamour is made, that the 
 said Bishop of Rome hath ordained and purposed to translate 
 some prelates of the same realm, some out of the realm, and 
 some from one bishopric into another within the same realm, 
 without the King's assent and knowledge, and without the 
 assent of the prelates which so shall be translated, which 
 prelates be much profitable and necessary to our said Lord the 
 King and to all his realm, by which translations (if they should 
 be suffered) the statutes of the realm should be defeated and 
 made void, and his said liege sages of his Council without his 
 assent and against his will carried away and gotten out of his 
 realm, and the substance and treasure of the realm shall be 
 carried away, and so the realm destitute as well of Council as 
 of substance, to the final destruction of the same realm ; AND 
 so THE CKOWN OF ENGLAND, WHICH HATH BEEN so FREE AT 
 
 ALL TIMES THAT IT HATH BEEN IN NO EARTHLY SUBJECTION, 
 BUT IMMEDIATELY SUBJECT TO GOD IN ALL THINGS TOUCHING 
 THE REGALITY OF THE SAME CROWN, AND TO NONE OTHER, 
 
 should be submitted to the Pope, and the laws and statutes of 
 the realm by him defeated and avoided at his will in perpetual 
 destruction of the sovereignty of the King our Lord, his Crown, 
 his regality, and of all his realm, which God defend. 
 
 And moreover the Commons aforesaid say, That the said 
 
APPENDIX. 157 
 
 things so attempted be clearly against the King's Crown and 
 his regality used and approved of the time of all his progenitors ; 
 wherefore they, and all the liege commons of the same realm, 
 will stand with our said Lord the King and his said Crown and 
 his regality in the cases aforesaid, and in all other cases attempted 
 against him, his Crown, and his regality, in all points, to live 
 and to die. 
 
 And moreover they pray the King, and him require by way 
 of justice, that he would examine all the Lords in the Parlia- 
 ment, as well spiritual as temporal, severally, and all the states 
 of the Parliament, how they think of the cases aforesaid, which 
 be so openly against the King's Crown and in derogation of his 
 regality ; and how they will stand in the same cases with our 
 Lord the King in upholding the rights of the said Crown and 
 regality. Whereupon the Lords Temporal so demanded have 
 answered every one by himself, that the cases aforesaid be 
 clearly in derogation of the King's Crown and of his regality, as 
 it is well known, and hath been of a long time known, and that 
 they will be with the same Crown and regality in these cases 
 specially, and in all other cases which shall be attempted against 
 the same Crown and regality, in all points with all their power. 
 
 And moreover it was demanded of the Lords Spiritual there 
 being, and the procurators of others being absent, their advice 
 and will in all these cases ; which Lords, viz., the archbishops 
 and other prelates, being in the said Parliament severally 
 examined, making protestations that it is not their mind to say 
 nor affirm that the Bishop of Rome may not excommunicate 
 bishops, nor that he may make translation of prelates after the 
 law of holy Church, answered and said, That if any executions 
 of processes made in the King's Court as before be made by any, 
 and censures of excommunications to be made against any 
 bishops of England, or any other of the King's liege people, 
 for that they have made execution of such commandments ; and 
 that if any executions of such translations be made of any 
 prelates of the said realm, which prelates be very profitable and 
 necessary to our said Lord the King, and to his said realm, or 
 that the sage people of his council without his assent and against 
 his will, be removed and carried out of the realm, so that the 
 substance and treasure of the realm may be consumed, that the 
 
158 APPENDIX. 
 
 same is against the King and his Crown, as it is contained in 
 the petition before named. And likewise the same procurators, 
 every one by himself, examined upon the said matters, have 
 answered and said, in the name and for their lords, as the said 
 bishops have said and answered, and that the said lords 
 spiritual will and ought to be with the King in these cases, in 
 lawfully maintaining of his Crown, and in all other cases 
 touching his Crown and his regality, as they be bound by their 
 liegiance ; 
 
 Whereupon our said Lord the King by the assent aforesaid, 
 and at the request of his said Commons hath ORDAINED and 
 ESTABLISHED, That if any purchase or pursue or cause to be 
 purchased or pursued in the Court of Rome, or elsewhere, by 
 any such translations, processes, and sentences of excommunica- 
 tions, bulls, instruments, OR ANY OTHER THINGS WHATSOEVER 
 WHICH TOUCH THE KING, against him, his CROWN and his 
 REGALITY, or his REALM as is aforesaid, and they which bring 
 within the realm, or them receive or make thereof notification, or 
 any other execution whatsoever within the same realm or with- 
 out, that they, their notaries, procurators, maintainers, abettors, 
 fautors, and councillors shall be put out of the King's protection, 
 and their lands and tenements, goods and chattels, forfeit to 
 our Lord the King, and that they be attached by their bodies, 
 if they may be found and brought before the King and his 
 Council, there to answer for the cases aforesaid, or that process 
 be made against them by Prcemunire facias in manner as it is 
 ordained in other statutes of provisors, and other which do sue 
 in any other Court in derogation of the regality of our Lord the 
 King. 
 
 APPENDIX (I.) 
 CORONATION OATH. 
 
 STAT. 1 WILLIAM AND MARY, SESS. 1, C. 6, A.D. 1688. (O.S.) 
 
 An Act for Establishing the Coronation Oath. 
 WHEREAS by the law and ancient usage of this realm, the kings 
 
APPENDIX. 159 
 
 and queens thereof have taken a solemn oath upon the Evan- 
 gelists at their respective coronations, to maintain the statutes, 
 laws, and customs of the said realm, and all the people and 
 inhabitants thereof in their spiritual and civil rights and pro- 
 perties ; but forasmuch as the oath itself on such occasions 
 administered, hath heretofore been framed in doubtful words 
 and expressions, with relation to ancient laws and constitutions 
 at this time unknown. To the end, therefore, that one uniform 
 oath may be in all times to come taken by the kings and queens 
 of this realm, and to them respectively administered at the 
 times of their and every of their coronation ; may it please your 
 Majesties that it may be enacted. 
 
 2. And be it enacted by the King's and Queen's Most 
 ExceUent Majesties, by and with the advice and consent of 
 
 the Lords Spiritual and Temporal, and the Commons in this pre- 
 sent Parliament assembled, and by the authority of the same, that 
 the oath herein mentioned, and hereafter expressed, shall and 
 may be administered to their Most Excellent Majesties King 
 William and Queen Mary (whom God long preserve), at the 
 time of their coronation, in the presence of all persons that shall 
 be then and there present at the solemnizing thereof, by the 
 Archbishop of Canterbury or the Archbishop of York, or either 
 of them, or any other Bishop of this realm, whom the King's 
 Majesty shall thereunto appoint, and who shall be hereby 
 thereunto respectively authorized ; which oath followeth, and 
 shall be administered in this manner ; that is to say, 
 
 3. The Archbishop or Bishop shall say, " Will you solemnly 
 promise and swear to govern the people of this kingdom of 
 England, and the dominions thereto belonging, according to the 
 statutes in Parliament agreed on, and the laws and customs of 
 the same ? " 
 
 The King and Queen shall say, "I solemnly promise so to do." 
 
 Archbishop or Bishop. " Will you to your power cause law 
 and justice in mercy to be executed in all your judgments ? " 
 
 King and Queen. 11 1 will." 
 
 Archbishop or Bishop. " Will you to the utmost of your 
 power maintain the laws of God, the true profession of the 
 Gospel, and the Protestant Eeformed Religion established by 
 law? And will you preserve unto the bishops and clergy of 
 
160 APPENDIX. 
 
 this realm, and to the churches committed to their charge, all 
 such rights and privileges, as by law do or shall appertain unto 
 them or any of them ? " 
 
 King and Queen. " All this I promise to do." 
 
 After this the King and Queen laying his and her hand upon 
 the Holy Gospel, shall say, 
 
 King and Queen. " The things which I have herebefore 
 promised I will perform and keep ; so help me God." 
 
 Then the King and Queen shall kiss the book. 
 All Kings, &c., 4. And be it further enacted, that the said 
 
 to take the oath. oa th s h a ll be in like manner administered to every 
 King or Queen who shall succeed to the imperial Crown of this 
 realm, at their respective coronations, by one of the archbishops 
 or bishops of this realm of England, for the time being, to be 
 thereunto appointed by such King or Queen respectively and in 
 the presence of all persons that shall be attending, assisting, or 
 otherwise present at such their respective coronations ; any law, 
 statute, or usage to the contrary notwithstanding. 
 
 DECLARATION AGAINST TRANSUBSTANTIATION. 
 
 Sec. 2 of the 12 and 13 W. III., c. 12, commonly called the 
 Act of Settlement, re-enacting sec. 10 of Stat. 1 W. and M., 
 sess. 2, c. 2, commonly called the Bill of Rights, provides that 
 every King and Queen of the realm of the age of twelve years 
 shall make, subscribe, and audibly repeat the following declara- 
 tion mentioned in the 30th of King Charles II., St. 2 : 
 
 " I, A. B., do solemnly and sincerely, in the presence of 
 God, profess, testify, and declare, that I do believe, that in the 
 Sacrament of the Lord's Supper there is not any transubstanti- 
 ation of the elements of bread and wine into the body and 
 blood of Christ, at or after the consecration thereof by any 
 person whatsoever ; and that the invocation or the adoration of 
 the Virgin Mary or any other saint, and the sacrifice of the 
 Mass, as they are now used in the Church of Rome, ARE SUPER- 
 STITIOUS AND IDOLATROUS. And I do solemnly, in the presence 
 of God, profess, testify, and declare, that I do make this decla- 
 ration, and every part thereof, in the plain and ordinary sense 
 of the words read unto me, as they are commonly understood 
 
APPENDIX. 161 
 
 by English Protestants, without any evasion, equivocation, or 
 mental reservation whatsoever, and without any dispensation 
 already granted me for this purpose by the Pope or any other 
 authority or person whatsoever, or without any hope of any 
 such dispensation from any person or authority whatsoever, or 
 without thinking that I am or can be acquitted before God or 
 man, or absolved of this declaration, or any part thereof, 
 although the Pope or any other person or persons, or power 
 whatsoever shall dispense with or annul the same, or declare 
 that it was null and void from the beginning." 
 
 The oaths of allegiance, supremacy, and abjuration, &c., 
 taken by subjects, are to be found in No. 57 of the pub- 
 lications of the Protestant Association. 
 
 APPENDIX (J.) 
 
 LETTER OF THE RIGHT HONOURABLE THE LORD 
 BEAUMONT, TO THE RIGHT HONOURABLE THE 
 EARL OF ZETLAND. 
 
 " Dublin, Nov. 28, 1850. 
 
 " My dear Lord Zetland, I perceive that the newspapers 
 have announced the intention of the High Sheriff to call a 
 public meeting to consider the propriety of addressing the 
 Crown, on the late insult offered to this country by the Court 
 of Rome ; and I learn from the same sources of information, 
 that the step on the part of the High Sheriff has been taken in 
 consequence of a requisition signed by nearly all the resident 
 Peers in Yorkshire. It is a matter not only of no surprise, but 
 of no regret to me, that such a proceeding should be adopted by 
 the country, for the acts in question are of quite as much 
 political and social importance as of religious and sectarian 
 
 M 
 
162 APPENDIX. 
 
 character. The Pope, by his ill-advised measures, has placed 
 the Roman Catholics in this country in a position where they 
 must either break with Rome, or violate their allegiance to the 
 constitution of these realms ; they must either consider the 
 Papal Bull as null and void, or assert the right of a foreign 
 prince to create, by his sovereign authority, English titles, and 
 to erect English bishoprics. To send a bishop to Beverley, for 
 the spiritual direction of the Roman Catholic clergy in York- 
 shire, and to erect a see of Beverley, are two very different 
 things, the one is allowed by the tolerant laws of the country ; 
 the other requires territorial dominion and sovereign power 
 within the country. If you deny that this country is a fief of 
 Rome, and that the Pontiff has any dominion over it, you deny 
 his power to create a territorial see, and you condemn the late 
 Bull as * sound and fury, signifying nothing.' If, on the con- 
 trary, you admit his power to raise Westminster into an arch- 
 bishopric, and Beverley into a bishopric, you make over to the 
 Pope a power which, according to the Constitution, rests solely 
 with the Queen and her Parliament, and thereby infringe the 
 prerogative of the one, and interfere with the authority 
 of the other. It is impossible to act up to the spirit 
 of the British Constitution, and at the same time to acknow- 
 ledge the jurisdiction of the Pope in local matters. Such is the 
 dilemma in which the lately -published Bull places the English 
 Roman Catholics. I am not, however, sufficiently acquainted 
 with their views on the subject, or their intentions respecting 
 it, to give any opinion as to the effect this newly-assumed 
 authority of Rome will have upon their conduct ; but I am 
 inclined to believe that the "Tablet" and "L'Univers" news- 
 papers speak the sentiments of the zealous portions of the Roman 
 Catholic community, and that they are the real, if not the 
 avowed, organs of the priesthood. The Church of Rome admits 
 of no moderate party among the laity : moderation in respect 
 to her ordinances is lukewarmness, and the lukewarm she in- 
 variably spues out of her mouth. You must be with her against 
 all opponents, or you are not of her ; and, therefore, when 
 Rome adopts a measure such as the present, it places the laity 
 in the awkward dilemma I have alluded to. Believing, there- 
 fore, that the late bold and clearly expressed edict of the Court 
 
APPENDIX. 163 
 
 of Rome cannot be received or accepted by English Roman 
 Catholics without a violation of their duties as citizens, I need 
 not add, that I consider the line of conduct now adopted by 
 Lord John Russell, as that of a true friend of the British 
 Constitution. 
 
 " Believe me, my dear Lord Zetland, yours very truly, 
 
 " BEAUMONT. 
 " To the Eight Hon. the Earl of Zetland? 
 
 LETTER FROM HIS GRACE THE DUKE OF 
 NORFOLK TO THE LORD BEAUMONT. 
 
 " Arundel Castle, Nov. 28, 1850. 
 
 " My dear Lord, I so entirely coincide with the opinions in 
 your letter to Lord Zetland, that I must write to you to express 
 my agreement with you. I should think that many must feel 
 as we do, that ultramontane opinions are totally incompatible 
 with allegiance to our Sovereign and with our Constitution. 
 " I remain, my dear Lord, faithfully yours, 
 
 " NORFOLK. 
 To the Lord Beaumont." 
 
 APPENDIX (K). 
 PAPAL USURPATION. 
 
 TO THE EDITOR OF THE 
 
 Sir, In my letter, which appears in your paper of Friday, 
 I expressed an intention of writing something further respect- 
 ing the legislative enactments now in existence on the subject 
 of Romish usurpations. 
 
 M 2 
 
164 APPENDIX. 
 
 There is considerable difficulty, I find, experienced on the 
 part of others, as well as myself, in coming to a conclusion 
 upon the matter. It seems, indeed, in some degree to involve 
 the proof of a negative. What once was the law is easily 
 ascertained ; but to pronounce with certainty that those usages 
 or enactments constituting that law have not been repealed or 
 rendered comparatively inoperative, requires a far greater 
 amount of legal knowledge and a minuteness of research and 
 labour, which few as yet have, I believe, bestowed upon this 
 particular question. 
 
 So many changes have been made in modern times, during the 
 last ten or twenty years in particular, repealing, or what is 
 more perplexing, in part repealing, modifying, or altering vari- 
 ous enactments, that few even of those who have investigated 
 the questions so suddenly thrust upon the attention of the 
 public can point out definitely arid distinctly what are the Acts 
 and sections of Acts repealed, and what are the Acts or por- 
 tions of Acts now in operation perhaps I should rather say, in 
 existence, for they will remain a dead letter, unless Her Ma- 
 jesty's Attorney- General, or the Secretary of State for the 
 Home Department, as the prime moving powers, put, or consent 
 to their being put in operation. Could they who now fill those 
 important offices and hold such dignified positions adopt a 
 course at once more constitutional and more popular than by 
 doing so without delay ? 
 
 The conclusions, however, at which I have arrived are based 
 upon a very close and minute examination of our Statute Book, 
 of the productions of various legal and constitutional writers, 
 and upon other sources of information ; and though the story is 
 related of a learned functionary, once appointed to a judicial 
 office, that he was recommended always to give his judgment, 
 but never to give the reason upon which such judgment was 
 founded, I prefer giving the reasons to withholding them. If 
 wrong in my opinion respecting the law on the question, and I 
 do not believe I can be shown to be wrong, it will be open to 
 others to point out wherein I have erred in coming to my pre- 
 sent conclusion. 
 
 Let me, then, with regard to the data upon which I have pro- 
 ceeded, state 
 
APPENDIX. 165 
 
 1. That scarcely a Bill has been brought into the House of 
 Commons upon the subject for the last twenty years which I 
 have not closely watched, and that not one such Bill has passed 
 into a law with the provisions of which I have not been 
 acquainted. 
 
 2. Besides this, I have examined carefully the list of re- 
 pealed or altered statutes given at the end of each session of 
 Parliament. 
 
 3. That Mr. Crabbe's valuable, learned, and laborious work, 
 " A Digest and Index, with Chronological Tables, of all the 
 Statutes, from Magna Charta to the end of the Present Ses- 
 sion," printed in 1844, in four volumes, has been carefully ex- 
 amined by me. 
 
 4. That Mr. Stamp's " Index to the Statute Law of England 
 to the close of the Session 10th and llth Viet., 1847," has been 
 also examined. 
 
 5. That I have conversed with those far better qualified from 
 their Parliamentary and professional experience than myself to 
 give an opinion ex cathedra, yet I find nothing adverse to the 
 opinion formed by me and hereinafter expressed. 
 
 By these various means, it might be supposed, sufficient cau- 
 tion had been taken to prevent falling into error. But there is 
 one other source a Raman Catholic one, and one which, there- 
 fore, in such questions I highly value from which information 
 is to be drawn. I must, therefore, mention 
 
 6. A work by Mr. Anstey (published in 1842), a Roman Ca- 
 tholic barrister, M.P., &c. viz., "A Guide to the Laws of 
 England affecting Roman Catholics." 
 
 Before, however, quoting from or referring more minutely to 
 recent enactments, let me observe that various provisions on 
 the subject of Popery have been made from 18 Geo. III. inclu- 
 sive, to the present time, in the following Acts, viz. : 
 18 Geo. III., c. 60; 31 Geo. III., c. 32 ; 3 Geo. IV., c. 126; 
 10 Geo. IV., c. 7 ; 2 and 3 Wm. IV., c. 30 : 2 and 3 Wm. IV., 
 c. 115 ; 4 and 5 Wm. IV., c. 73 ; 5 and 6 Win. IV., c. 76 ; 3 
 and 4 Viet., c. 52. 
 
 Mr. Crabbe, having cited these statutes, adds, " since which 
 have passed the 7 and 8 Viet., c. 102, and 9 and 10 Viet., 
 c. 59." 
 
 These two last Acts made alterations in somewhere about 
 
166 APPENDIX. 
 
 fifty and sixty Acts of Parliament and portions of Acts of Par- 
 liament, running over a period of more than 300 years, from 
 the 5th of Edw. VI. to this time. But in the few important 
 Acts upon this subject which have passed since Mr. Anstey's 
 book was written, I find nothing at variance with his opinion, 
 quoted below. 
 
 Mr. Anstey, being himself a Roman Catholic, has thus ex- 
 pressed his opinion on the subject, and that, too, before the 
 events which have now given special importance to the question 
 had taken place. Having quoted 27 Edw. III., s. 1, c, 1, 
 38 Edw. Ill, s. 2, c. 1, and 16 Rich. II., c. 5, he observes, at 
 page 68 : 
 
 " This Act (16 Rich. II., c. 5) is the one to which almost all 
 the subsequent statutes refer in enacting against new offences 
 the penalties of Prasmunire. From this circumstance rather than 
 from any more reasonable cause it has generally been called the 
 ' Statute of Praemunire.' 
 
 " These are the only provisions in the ancient Acts passed in 
 derogation of Papal jurisdiction which seem applicable to Ro- 
 man Catholics in England at the present day. The law of pro- 
 visors and purveyors is out of date as far as they are concerned. 
 That law regards the benefices and endowments of the Estab- 
 lished Church, and, therefore, any mention of it would be out 
 of place in a book not treating of the laws and immunities of 
 that Establishment. 
 
 " But it is clear, upon principle, that the provisions cited are 
 perfectly applicable to English Roman Catholics and their suits 
 at this day (1842). 
 
 " Whatever controversies may arise among them as to matters 
 cognisable at law or in equity, cannot be adjudicated at Rome, 
 or by authority derived from Rome, without the peril of 
 Prsemunire, and all its liabilities above enumerated." 
 
 For such opinion Mr. Anstey gives the following reason : 
 
 " For the Relief Acts were not intended to alter the laws passed 
 previously to the Reformation against the authority of the Holy 
 See, but only to mitigate some of the severities enacted against 
 Roman Catholics subsequently to the establishment of Protest- 
 antism as the religion of the land." 
 
 By no Act that I find since passed have the above laws been 
 repealed, and I concur, therefore, in the view taken by Mr. 
 
APPENDIX. 167 
 
 Anstey, that the Acts referred to by him are applicable to 
 English Roman Catholics in the present day. The statute of 
 ] 6 Rich. II., c. 5, seems, therefore, to be for all practical pur- 
 poses still in force, and that Act provides as follows : 
 
 " 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 excommunications, 
 bulls, instruments, or any other things whatsoever which touch 
 the King, against him, his Crown, and his royalty, or his realm, 
 as is aforesaid ; or them receive or make thereof notification, 
 or any other execution whatsoever within the same realm, or 
 without, that they, their notaries, procurators, maintainers, 
 abettors, fautors, and counsellors, shall be put out of the King's 
 protection, and their lands and tenements, goods and chattels, 
 forfeit to our Lord the King : and that 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 
 process be made against them by prcemunire facias, in 
 manner as it is ordained in other statutes of provisors, and other 
 which do sue in any other court in derogation of the Royalty of 
 our Lord the King." 
 
 With regard to the more recent Acts, dating about the period 
 of the Reformation, no one in Parliament seems to have 
 laboured with greater energy, and, in some respects, with more 
 success than Mr. Anstey, in procuring a repeal or modification 
 of the laws affecting Roman Catholics. 
 
 Latterly, however, his efforts have not been so successful. 
 By the Bill brought into Parliament on this subject in November, 
 1847, by Mr. Anstey and Mr. W. S. O'Brien, he was desirous 
 of repealing further portions of the 1st Eliz., c. 1, and the 
 remaining portions of the 1 3th Eliz., c. 2. What was the fate 
 of this Bill ? On referring to " Hansard's Parliamentary 
 Debates," I find that this Bill, after much discussion, and many 
 divisions, was thrown out July 19, 1848. 
 
 But with an energy and a perseverance worthy of a better 
 cause, Mr. Anstey, on February 6, 1849, moved for leave to 
 bring in a similar Bill ; but leave was refused. In the course 
 of the next year, February 7, 1 850, he again moved for leave 
 to bring in another Bill to the same effect. Leave was again 
 
168 APPENDIX. 
 
 refused. Such was even then the improved tone of the House 
 of Commons on the Protestant question. 
 
 In that Bill, so thrown out in 1848, Mr. Anstey provided for 
 the repeal of the following portion of the 1st Eliz., c. 1. It 
 was not then repealed. It has not since been repealed. It 
 stands as law at the present day, and provides as follows : 
 
 " That if any person or persons dwelling or inhabiting within 
 this your realm, or in any other your Highness's realms or 
 dominions, of what estate, dignity, or degree soever he or they 
 be, after the end of thirty days next after the determination of 
 this Session of this present Parliament, shall by writing, printing, 
 teaching, preaching, express words, deed, or act, advisedly, 
 maliciously, and directly, affirm, hold, stand with, set forth, 
 maintain, or defend, the authority, pre-eminence, power, or juris- 
 diction, spiritual or ecclesiastical, of any foreign prince, prelate, 
 person, state, or potentate whatsoever, heretofore claimed, used, 
 or usurped within this realm, or any dominion or country being 
 within or under the power, dominion, or allegiance of your 
 Highness, or shall advisedly, maliciously, and directly put in 
 use or execute anything for the extolling, advancement, setting 
 forth, maintenance, or defence of any such pretended or usurped 
 jurisdiction, power, pre-eminence, and authority, or any part 
 thereof, that then every such person and persons so doing and 
 offending, their abettors, aiders, procurers, and counsellors, 
 being thereof lawfully convicted and attainted according to the 
 due order and course of the common laws of this realm, for his 
 or their first offence shall forfeit and lose unto your Highness, 
 your heirs and successors, all his and their goods and chattels, 
 as well real as personal. And if any such person so convicted or 
 attainted shall not have or be worth of his proper goods and 
 chattels to the value of 201. at the time of his conviction or 
 attainder, that then every such person so convicted or attainted, 
 over and besides the forfeiture of all his said goods and chattels, 
 shall have and suffer imprisonment by the space of one whole 
 year, without bail or mainprise." 
 
 Such is a portion of the statutory provision. I have said 
 nothing of the common law. There are also provisions of other 
 Acts, too long and numerous here to be noticed. But in the 
 Memorials, Addresses, Petitions, or Remonstrances, it may be 
 
APPENDIX. 169 
 
 amply sufficient at the present time to express our unshaken 
 fidelity to Her Majesty's person and family, our attachment to 
 Protestant principles, and our earnest hope for the enforcement 
 or enactment of such laws as may be necessary for the protec- 
 tion of the Crown, the religion, the liberties of the British 
 Empire against the interference of the Pope or Bishop of Rome ; 
 without pointing out what laws are violated, or what new enact- 
 ments may be required. 
 
 I have the honour to remain, 
 
 Your obedient Servant, 
 
 JAMES LORD. 
 6, Serjeants' -inn, Fleet-street, Nov. 11, 1850. 
 
 APPENDIX (L). 
 
 THE QUEEN'S DECLARATIONS, 
 
 In Answers to the Addresses (on the subject of the present act 
 of Papal insult, aggression and encroachment) of the Uni- 
 versities of Cambridge and Oxford, and the Corporation and 
 City of London, on Tuesday, the 10th December, 1850, at 
 Windsor Castle ; the first presented and read by his Royal 
 Highness, the Prince Consort; the second by his Grace the 
 Duke of Wellington, Chancellors of the respective Universities. 
 
 I. To THE UNIVERSITY OF CAMBRIDGE. 
 
 "I fully participate in your expression of gratitude to Almighty 
 God for the blessings which he has been pleased to bestow upon 
 this country, and I rejoice in the proofs which have been given 
 of the zealous and undirninished attachment of the English 
 people to the principles asserted at the Reformation. 
 
 " While it is my earnest wish that complete freedom of con- 
 science should be enjoyed by all classes of my subjects, it is my 
 constant aim to uphold the just privileges, and extend the useful- 
 
170 APPENDIX. 
 
 ness of the Church established by law in this country, and to 
 secure to my people the full possession of their ancient rights 
 and liberties." 
 
 II. To THE UNIVERSITY OF OXFORD. 
 
 " It has ever been, and ever will continue to be, my endea- 
 vour to promote the efficiency and maintain the purity of our 
 Reformed Church, the supreme government of which, under 
 God, is by law confided to me, and it is highly gratifying to me 
 to be assured of your faithful adherence to its principles, 
 doctrine, and discipline. 
 
 " While I cordially concur in the wish that all classes of my 
 subjects should enjoy the free exercise of their religion, you may 
 rely on my determination to uphold alike the rights of my 
 crown, and the independence of my people against all aggres- 
 sions, and encroachments of any foreign power." 
 
 III. To THE LORD MAYOR AND ALDERMEN OF THE CITY 
 OF LONDON. 
 
 " I heartily concur with you in your grateful acknowledge- 
 ments of the many blessings conferred upon this highly favoured 
 nation, and in your attachment to the Protestant faith, and to 
 the great principles of civil and religious liberty, in the defence 
 of which the City of London has ever been conspicuous. 
 
 " That faith and those principles are so justly dear to the 
 people of this country, that I confidently rely on their cordial 
 support in upholding and maintaining them against any danger 
 with which they may be threatened, from whatever quarter it 
 may proceed." 
 
 IV. To THE LORD MAYOR, ALDERMEN, AND COMMONS 
 OF THE CITY OF LONDON, IN COMMON COUNCIL 
 ASSEMBLED. 
 
 " You may be sure of my earnest desire and firm determina- 
 tion, under God's blessing, to maintain unimpaired the religious 
 liberty which is justly prized by the people of this country, and 
 to uphold as its surest safeguard the pure and scriptural worship 
 of the Protestant faith, which has long been happily established 
 in this land." 
 
APPENDIX. 171 
 
 V. To THE LORD MAYOR, ALDERMEN, AND THE REST 
 OP THE QUEEN'S COMMISSIONERS OF LIEUTENANCY 
 FOR THE CITY OF LONDON. 
 
 " It will continue to be, as it has ever been, my earnest 
 endeavour, in the exercise of the power and authority intrusted 
 to me, as the supreme governor of this realm, to maintain the 
 independence and uphold the constitutional liberties of my 
 people against all aggression and encroachment." * 
 
 APPENDIX (M). 
 
 THE BISHOPS' OATH TO THE POPE AND TO 
 THE KING. 
 
 INTRODUCTION, P. XXIII. 
 
 THE whole passage is thus given by Hall, in his " Chronicles :" 
 " The Xl-day of Maie the King sent for the Speker again 
 and XII. of the Common house, havying with hym eight 
 Lordes and saied to them, " Wei beloved subjectes, we thought 
 that the clergie of our realm had been our subjectes wholly, 
 but now wee have well perceived that they bee but halfe our 
 subjectes ; yea, and scace our subjectes ; for all the prelates at 
 their consecracion make an othe to the Pope clene contrarie to 
 the othe that they make to us, so that they seme to be his 
 subjectes, and not ours. The copie of bothe the others I delivre 
 here to you, requiryng you to invent some ordre, that we bee 
 not thus deluded, of our Spirituall subjectes. 
 
 " The Speker departed and caused the othes to be redde in 
 the comon house, the very tenor whereof ensueth. 
 
 " I, Jhon bishop or abbot of A fro this houre forward, 
 shalbe faithefull and obedient to saincte Peter and to the 
 holy churche of Rome, and to my lorde the Pope, and his 
 
 * See Mr. Warren's able pamphlet, " The Queen or the Pope," page 111. 
 
172 APPENDIX. 
 
 successors canonically enteryng, I shall not be of counsaill 
 nor concent, that they shall lese either life or member, or shall 
 bee taken, or suffre any violence, or any wrong by any meanes, 
 their counsaill to me credited, by theim their messyngers or 
 letters, I shall not willyngly discover to any person the Papacie 
 of Rome, the rules of the holy fathers, and the Regalie of sainct 
 Peter, I shall help and retain, and defende against all men. 
 The Legate of the Sea Apostolicke goyng and commyng I shall 
 honourably entreate, the rightes, honors, priuileges, aucthorities 
 of the Church of Rome, and of the Pope and his successors, I 
 shall cause to be conserued, defended, augmented, and pro- 
 moted, I shall not bee in counsaill, treatie, or any acte, in the 
 whiche any thyng shalbe imagined against hym, or the Churche 
 of Rome, their rightis, states, honors or powers. And if I knowe 
 any suche to bee moued or compassed, I shall resist it to my 
 power, and as sone as I can, I shall advertise hym or such as 
 maie geue hym knowledge. The rules of the holy fathers, the 
 Decrees, Ordinaunces, Sentences, Disposicions, Reseruacions, 
 Prouisions, and Commaundementes Apostolicke, to my power I 
 shall kepe and cause to be kept of other : Heretickes, Sismatikes, 
 and rebelles to our holy father and his successors, I shal resist and 
 persecute to my power, I shall come to the Sinode, when I am 
 called, except I be letted by a Canonicall impediment, the 
 lightes of the Apostles I shall visite yerely personally, or by my 
 deputie, I shall not alien nor sell my possessions without the 
 Popes Counsaill : so God me helpe and the holy Euangelistes." 
 " I, Jhon Bishop of A. vtterly renounce and clerely forsake all 
 suche clauses, woordes, sentences, and grauntes, whiche I haue 
 or shall haue here after, of the Popes holines, of and for the 
 Bishopricke of A. that in any wise hath been, is or hereafter 
 maie bee hurtefull or preiudiciall to your highness, your heires, 
 successors, dignitie, priuilege, or estate royall ; and also 
 I dooe swere, that I shalbe faithfull and true, and faithe 
 and truth, I shall beare to you my souereigne lorde, and 
 to your heires kynges of the same, of life and lymme, and 
 yearthly worship aboue all creatures, for to Hue and dye with 
 you and yours, against all people, and diligently I shalbe attend- 
 ant to all your nedes and busines, after my witt and power, and 
 your counsaill I shall kepe and holde, knowlegyng my self to 
 
APPENDIX. 173 
 
 hold my bishopricke of you onely, besechying you of restitucion 
 of the temporaries of the same, promisyng as before, that I 
 shalbe faithefull, true, and obedient subiect to your saied 
 highnes heires and successors durying my life, and the seruices 
 and other thynges dewe to yoore highnes for the restitucion of 
 the Temporalties of the same Bishoprike I shall truly dooe and 
 obedie.itly perfourme, so God helpe me and all sainctes." 
 
 " The openyng of these othes, was one of the occasions why 
 the Pope within two yere folowyng, lost all his iurisdiccion in 
 Englande, as you shall here afterward. The xiiii daie y e par- 
 liament was proroged til the iiii daie of February next ensuyng. 
 After whiche prorogacion, Sir Thomas More, Chauncellor of 
 Englade, after long sutes made to the kyng to be discharged of 
 that office, the xvi daie of Maie he deliuered to the kyng, at 
 Westminster, the greate scale of Englande, and was with the 
 kynges fauor discharged, whiche scale the kyng kept til Whit- 
 sontide followyng, and on the Mondaie in Whitson weke, he 
 dubbed Thomas Awdeley, Speker of the parliament, knight, 
 and made hym lorde keeper of the great scale, and so was he 
 called." HaWs Chronicles, Ed. 1809, pp. 788, 789; Ed. of 
 1550, p. 205 ; xxiv. year of Henry VIII. 
 
INDEX. 
 
 A'BECKET, " his troubles, or rather treasons," 93. 
 - The patron Saint of Dr. Wiseman, xviii. 
 
 Abbots and Priors, 29 ; had seats in Parliament, time of H. VIII., 46. 
 Albert, His Royal Highness the Prince, 169. 
 Ancient Common Law opposed to Papal interference, 66. 
 Anselm, Archbishop of Canterbury, 89. 
 Antiquity of Laws against Popery in England, 81. 
 Appeals to Rome attempted in time of William Rufus, 89. 
 same in time of King Stephen, 93. 
 
 complained of, and forbidden, 31, 32, 94, 95. 
 
 mischiefs of, 43, 49. 
 
 not allowed in ancient times, 83. 
 
 Appendix A, 119. See Table of Contents. 
 Archbishops did not purchase their Palls from Rome, 83. 
 Thomas a Becket, xviii, 93. 
 
 Barons, the declaration of, as to Statute of Merton, Pref. ix, 20. 
 
 - prohibited by Thomas a Becket, in name of the Pope, to pro- 
 ceed against him, 96. 
 
 excommunicated by the Pope in respect of Magna Charta, 103. 
 
 Beaumont, Lord, his Letter to the Earl of Zetland, 161. 
 
 Bishop of Rome, his first encroachment in England, 83. 
 Bishops titular in Ireland, nothing new, 72. 
 
 yet liable to prosecution, 72. 
 
 British Bishops disregarded St. Augustine, 84. 
 Bull of Pius V., on effects of, 57. 
 
 Bulls of Excommunication, treason at Common Law, to bring them in, 
 20. 
 
 Pope not to be obeyed when against the law of the land, 21. 
 
 Bulls from Rome illegal, 25, 28. 
 
 none to be put in execution, 80, 
 
 or decrees, none to be brought from the Pope, to be executed in 
 
 England upon pain of imprisonment, and confiscation of goods. See 
 
 Constitutions of Clarendon, 95. 
 Bulls, or Letters Apostolical of Pius IX., 119. 
 
17() INDEX. 
 
 Canonical election, rise of, 99. 
 
 Canterbury, St. Thomas, Archbishop of, as special favour, at all general 
 councils, should sit at the Pope's foot, 92 
 
 Cardinal sent by the Pope into England time of Ed. II., 109 ; how the 
 King and his Nobility acted thereon, 109. 
 
 Cardinals, absentees, livings given to, in old time, 22. 
 
 Caudrey's Case, 1. 
 
 Civil cases distinguished from ecclesiastical, 114. 
 
 Clarendon, Constitutions of, 94. 
 
 Clerks, or clergy, claim exemption from secular power, 93. 
 
 Cities, new, created by the Pope, e.g., Beverley, Hexham, Northampton, 
 &c., 123, 124. 
 
 Collector, the Pope's, has no jurisdiction within this realm, 37. 
 
 Common Law, by ancient, treason to bring in Bull of Excommunica- 
 tion, Ed. I., 20. 
 
 Commons, House of, again complain to the King of England of Popery, 
 39. 
 
 Confession of Robert Lalor, 71, 
 
 Confessor, Edward the, rules the Holy Church, 17. 
 
 Church, the English, does not require foreign interference, 47. 
 
 Coke, Sir Edward, his concluding remarks, 66. 
 
 Common Law, many ancient Acts declaratory of, 51. 
 
 Contents, xi. 
 
 Contest, nature of the, xi, not provoked by England, xiii. 
 
 Corporation, spiritual, the King only may grant leave to found, 43. 
 
 Coronation Oath Act, 158. 
 
 Dispute between King John and the Pope, 99. 
 
 Distinction attempted between ecclesiastical and spiritual cases, 113. 
 
 Durham, the Bishop of, Lord John Russell's Letter to, 133. 
 
 Ecclesiastical distinguished from spiritual, 113. 
 Ecclesiastical jurisdiction exercised by King Kenulph, 16. 
 
 - The King and not the Pope, supreme, in time of 
 Ed. III., 24. 
 
 Edward the Confessor, 17; Will. L, 17; Hen. III., 19. 
 Emperors and Kings above the Pope, 89. 
 England in danger from foreign, Papal interference, before statutes of 
 
 Preemunire, 76. 
 England, by ancient laws, an independent empire, 14. 
 
 proofs demonstrative of this out of the laws of England, 16. 
 laws of, cannot be altered by the Pope, 38. 
 
INDEX. 177 
 
 England given by the Pope to the King of France, 102. 
 English Church, the, does not require foreign interference, 47. 
 Excommunication, Bulls of, of no force in England, 26, 38, 43, 44, 45. 
 Exemption from the secular power, claimed by the clergy, 93. 
 
 Florentines, all purchasing claim of, excommunicated. Resolved by all 
 the Judges of England, that the Pope's excommunication ought not 
 to be obeyed, or put in execution within the realm of England, 45. 
 
 France, the King of, intercedes for the exiled Archbishop, 97. 
 
 the kingdom of England given him by the 
 
 Pope, 102. 
 
 Friars, the corruptors of religion in England, 106. 
 
 Governments overthrown by Popery, 150. 
 Gradual growth of Romish usurpations, 98. 
 
 Henry I., Papal usurpation of patronage, and donations of bishopricks, 90. 
 
 II. does penance, and kisses the knee of the Pope's Legate, 98. 
 
 IV., Resolution against the Pope's collection, 37. 
 
 Heresies, statutes against, how some of them were passed, Introduction, 
 
 xlv. 
 High Treason to bring in Bulls of Excommunication, 20. 
 
 Indictment in Lalor's Case, 73. 
 
 Introductory chapter, xiii. 
 
 Ireland and England granted by King John to the Pope, 103. 
 
 Italians, promoted in England by the Pope, 105. 
 
 Jesuits punished for their treason, not for religion, 64. 
 John, King, 99. 
 
 Kenulph, King, A.D. 755, with consent of his Parliament, grants 
 
 exemption from Episcopal control, 16. 
 King, see Sovereign, 
 
 Lalor's Case, 69. 
 Lalor's Trial, 73. 
 
 excites very great interest, 74. 
 
 his confession read in Court, 113. 
 
 conviction, 118. 
 
 Langton, a man unknown to the King, made Archbishop of Canterbury 
 
 by the Pope, 101. 
 
 Laws of England cannot be altered by the Pope, 38. 
 Laws and liberties of England, the birthright of Englishmen, 66. 
 
 N 
 
178 INDEX. 
 
 Legate from the Pope, compelled in time of Edw. IV., before being 
 allowed to come into the country, to -take oath not to attempt any- 
 thing against the King or his Crown, 44. 
 
 Legates of the Pope sent into England in the time of William I., 88. 
 
 Lombards, and other Italian bankers, to receive the Pope's money 
 levied out of England, 105. 
 
 London, Synod of, 1107, 91. 
 
 London, the Bishop of, his reply to the Address of the Westminster 
 Clergy, 137. 
 
 Lord, James, his Letter to the " Morning Herald," 163. 
 
 Matthew Paris, his testimony as to Papal usurpations, and their evil 
 
 consequences, 104. 
 
 Mitre of St. Thomas, Dr. Wiseman has obtained it, xviii. 
 Merton, Statute of declaration of Barons, 20. 
 " Morning Herald," Mr. Lord's Letter to, 163. 
 Mortmain, Statute of King Edw. I., 107. 
 
 Norfolk, Letter from his Grace the Duke of, to Lord Beaumont, 163. 
 Nunneries, &c., if allowed, should be open to inspection, 146. 
 
 Oath taken by Bishops to the Pope, xxiv, and 171. 
 
 Obedience to the Pope, should be subject to obedience to the laws of 
 
 the temporal sovereign, 112. 
 often preferred, where his orders, or those of 
 
 " the Church" come in collision with the laws of the temporal 
 
 power, 77. 
 
 Palls of Archbishops, not purchased from Rome, 83. 
 
 Papal Bull, or Letters Apostolical, 119. 
 
 Parliament declares provisions from Rome illegal, 28. 
 
 considers oath taken by the Bishops to the Pope, 170, 173. 
 
 Pastoral of Dr. Wiseman, 128. 
 
 Peter pence to be paid no more to the Pope, 94. 
 
 Peter, St., England, but for our ancestors would become a part of his 
 
 patrimony, i. e., of Rome, 75. 
 
 Petition and Resolutions of the Protestant Association, 141. 
 Pius V., effect of his Bull against Queen Elizabeth, 57. 
 Pope, his writ did not run in England till time of William the 
 
 Conqueror, who came in under his banner, 83. 
 
 subject to the Emperor, 89. 
 
 Pope, the, presents Cardinals and others to benefices, &c., in England, 80. 
 . his Bulls not to be obeyed, 21. 
 
INDEX. 179 
 
 Pope, the, he cannot alter the laws of England, 38. 
 
 not supreme in ecclesiastical matters in England, 24. 
 
 - his supremacy over kings, a new doctrine, 81. 
 gives the kingdom of England to the King of France, 102. 
 Prayers for the conversion of England, xvi. 
 Prsemunire, 31. 
 
 the case of, 69. 
 
 - the Act of 16 Rich. II. c. 5, 155. 
 Priors, with Abbots, 29 ; had seats in Parliament, 46. 
 Provisions of the Pope to benefices in England, 41. 
 Provisors, Statute of, 28. 
 
 true cause of making Statute against, 75. 
 
 and enforcing them, 109. 
 
 Quare non admisit, 21. 
 
 Queen, see Sovereign. 
 
 Queen, the, supreme, and not the Pope, 24. 
 
 Queen Elizabeth's Letters Patent to the Archbishop of Canterbury, 
 
 Bishop of London, and others, 3, 4. 
 Queen's Commissioners presumed to be subjects born, and not aliens, 12. 
 
 Romanism has some better means of advancing her interests than 
 before the Reformation, Pref., vii. 
 
 Reasons for indicting Lalor under 16 Ric. 2, 74. 
 
 Relief Act (1829), 144. 
 
 Resolutions and Petitions of the Protestant Association, 141. 
 
 Richard the Second, declaration of the Commons against Popery, 35. 
 
 . st. 16, Statute of Prsemunire, 36, and see Appen- 
 dix. 
 
 Roman Catholics have contended against Papal interference in Eng- 
 land, 81. 
 
 Rome, appeals to, complained of, 31 ; and forbidden, 32. 
 
 condemns those who execute laws against Popery, 33. 
 
 exactions of, towards England, 104. 
 
 Romish encroachments, Act of 1829, 144. 
 
 Russell, Letter of Lord John, 133. 
 
 St. Thomas of Canterbury, patron saint of Dr. Wiseman, Pref., xviii. 
 his rebellion and treason, 93. 
 
 Sanctuary, the right of, cannot be granted by the Pope, 43. 
 See of Rome, evils of appealing to, 49. 
 
 Sheriffs of England ordered to attach the bodies of those who make 
 appeals to Rome, 97. 
 
180 INDEX. 
 
 Sovereigns of this realm, resist Papal aggression, as referred to by Sir 
 Edward Coke and others in this volume : 
 
 Kenulph, 16. Henry V., 40. 
 
 Edward the Confessor, 17. Henry VI., 42. 
 
 William I., 17. Edward IV., 43. 
 
 Henry I., 18. Richard III., 44. 
 
 John, 99. Henry VII., 45. 
 
 Henry HI., 19. Henry VIII., 46. 
 
 Edward I., 20. Queen Elizabeth, 13, 70. 
 
 Edward II., 23. Charles II., 160. 
 
 Edward III., 24. William and Mary, 158. 
 
 Richard II., 34. Queen Victoria, 169. 
 
 Henry IV., 37. 
 
 Spiritual, distinguished from ecclesiastical, 116. 
 Spiritual Corporation, the King only may grant license to found, 43. 
 Statesmen foiled in their efforts to win over Popery by concession, xiv. 
 Statutes of 16 Ric. II. c. 5, 1 Eliz. c. 1, 13 Eliz. c. 2, 10 Geo. IV. c. 7, 
 referred to, xlviii; 7 & 8 Viet. c. 102, and 9 & 10 Viet. c. 59, p. 165. 
 Synod of London (1107), 91. 
 " Tablet," the, quoted, xvi. 
 Transubstantiation, declaration against, 160. 
 
 Treason at common law to bring in Papal Bulls of Excommunication, 20. 
 Usurpation of the Pope, first in time of King William the Conqueror, 87. 
 
 how it increased, 98. 
 
 increases when the Government is weak and the people are 
 
 divided, 102. 
 
 Vicar-General of the See of Rome [Lalor], 73, 111. 
 Victoria, the Queen, her replies to Addresses, 169. 
 
 statutes 7 & 8, c. 102, and 9 & 10, c. 59, p. 165. 
 Westminster, Address of the clergy of, to the Bishop of London, 135. 
 William I., King, had and exercised ecclesiastical jurisdiction, 17. 
 Wiseman, Dr., " Few words of peace and justice," quoted, xvii. 
 
 his form of prayer for the conversion of England, xvi. 
 
 his edict from the Flaminian-gate, 128. 
 
 calls St. Thomas of Canterbury his patron, his father, 
 
 his model, xviii. 
 
 prays to the said St. Thomas, xviii. 
 
 his Pastoral, 128. 
 
 York, Archbishop of, his Revenues seized for obeying the Pope's 
 Bull, 21. 
 
 Zetland, letter of Lord Beaumont to, 161. 
 
 Macintosh, Printer, Great New -street, London. 
 
 
77 
 
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