Pagina-afbeeldingen
PDF
ePub

or imposed upon your people, or upon any of their goods or commodities, but only by authority and consent of parliament.-Which being undoubtedly the ancient and fundamental law of the land, is yet for more abundant clearness expressly declared in sundry acts of parliament, made and enacted in the time of sundry your majesty's progenitors, the noblest and most prudent kings of this realm: Your commons with just grief do complain unto your majesty of the late tax and imposition laid and imposed yearly upon such as are allowed to keep Victualling Houses, or sell ale and beer by retail: which imposition not being taxed by assent of parliament, but commanded and directed only by letters and instructions, your commons are persuaded that the same proceeded rather from misinformation, than by the direction and judgment of your most noble and royal heart.

Wherefore your said commons, knowing the grief of your people in this behalf, do (according to their duties) in all humility inform and signify unto your majesty: 1. That the said taxation being singular and without example, and it is in itself a precedent of dangerous consequence, and (as your people fear) may easily (in time) be extended further, as to badgers of corn, makers of malt, drovers of cattle, and such like, who in such sort are to be licenced by justices of the peace, as those persons are, upon whom, at this time, this present tax is charged and laid, 2. Such houses being oftentimes, at the best, harbours of idleness, drunkenness, whoredom, and all manner of villanies, the licences are now, (the honester sort in most places refusing to undergo the new charge,) rented and taken by the looser and baser sort of people, who have no conscience how they gain. By reason whereof all manner of vice and evil behaviour is likely every day to increase. Neither can the justices of the peace conveniently prevent the same: for that the persons licenced under the late contribution, affirm with clamour, that they have a toleration for a year, and that such persons are not friends unto the crown that seek to suppress them, and thereby to diminish your majesty's revenues.

Thirdly, many justices of the peace, (being sworn to execute their office) which for this particular conceive to be, that Ale-house keepers formerly licenced, are not to be suppressed

without just and reasonable cause, cannot be satisfied touching their said oath, but are much distracted and perplexed what to do, the late instructions notwithstanding, against such persons, as otherwise being not known to be of evil behaviour, only to refuse to pay this late taxed and imposed sum of money.

In consideration whereof, your humble commons most instantly beseech your most excellent majesty, that the former letters and instructions may be countermanded or stayed, and all further directions and proceedings in that kind forborn. Sea-coal.

Among many resemblances which are observed to be between natural and politick bodies, there is none more apt and natural than this, that the diseases of both do not at one in stance commonly seize upon all parts; but be ginning in some one part, do by tract of time, and by degrees, get possession of the whole, unless by applying of wholesome and proper remedies in due time they may be prevented, which, as it is in many things very visible, so it is in nothing more apparent than in this matter of Impositions: which beginning at the first, either with foreign commodities brought in, or such of your own as were transported, is now extended to those commodities, which growing in this kingdom are not transported, but uttered to the subjects of the same: For proof whereof, we do in all humility present unto your majesty's view the late imposition of one shilling the chuldron of Sea-Coals, rising in Blith and Sunderland, not by virtue of any contract or grant, as in the coals of Newcastle, but under a mere pretext of your majesty's most royal prerogative: Which imposition is not only grievous for the present, especially to those of the poorer sort, the price of whose only and most necessary fuel is thereby to their great grief enhanced, but dangerous also for the future, considering that the reason of this precedent may be extended to all the commodities of this kingdom.

May it therefore please your most excellent majesty, which is the great and sovereign physician of the estate, to apply such a remedy as this disease may be presently cured, and all diseases for time to come of like nature prevented.

Speech of Sir FRANCIS BACON to the King, the 7th of July 1610, on presenting the Petition to his Majesty, who was attended on the Occasion by sir Francis and eleven other Members; taken from 2 Bacon's Works, 4to ed. p. 212.

MOST. gracious Sovereign; The knights, citi- | zens, and burgesses assembled in parliament, in the house of your commons, in all humbleness do exhibit and present unto your most sacred majesty, in their own words, through by my hand, their Petitions and Grievances. They are here conceived and set down in writing, accordto ancient custom of parliament; they are also prefaced according to the manner and taste of these later times. Therefore for me to make

any additional preface, were neither warranted nor convenient; especially speaking before a king, the exactness of whose judgment ought to scatter and chase away all unnecessary speech as the sun doth a vapour. This only I must say. Since this session of parliament we have seen your glory in the solemnity of the creation of this most noble prince; we have heard your wisdom in sundry excellent speeches which you have delivered amongst us. Now we hope to

find and feel the effects of your goodness, in your gracious answer to these our petitions. For this we are persuaded, that the attribute, which was given by one of the wisest writers to two of the best emperors, divus Nerva et divus Trajanus,' so saith Tacitus, res olim insocia'biles miscuerunt, imperium et libertatem,' may be truly applied to your majesty For never was there such a conservator of regality in a crown, nor ever such a protector of lawful freedom in a subiect.

bind us to wish unto your life fulness of days, and unto your line royal a succession and continuance even unto the world's end.

It resteth that unto these petitions here included I do add one more that goeth to them alle which is, that if in the words and frame of them there be any thing offensive; or that we have expressed ourselves otherwise than we should or would; that your majesty would cover it and cast the veil of your grace upon it; and accept of our good intentions, and help them by your benign interpretation.

Lastly, I am most humbly to crave a particu

Only this, Excellent Sovereign, let not the sound of grievances, though it be sad, seem harsh to your princely ears. It is but gemituslar pardon for myself that have used these few columbe, the mourning of a dove, with that patience and humility of heart which appertaineth to loving and loyal subjects. And far be it from us, but that in the midst of the sense of our grievances we should remember and acknowledge the infinite benefits, which by your majesty, next under God, we do enjoy; which

words; and scarcely should have been able to have used any at all, in respect of the reverence which I bear to your person and judgment, had I not been somewhat relieved and comforted by the experience, which in my service and access I have had of your continual grace and fa

vour.

84. The Conviction and Attainder of ROBERT LALOR, Priest, being indicted on the Statute of the 16th Rd. II. cap: 5, commonly called, The Case of Præmunire in Ireland. Hill. 4 JAMES I.

A. D. 1607.

majesty, because the king is not of the pope's religion.

Lalor's first Indictment and Conviction. THE next term after he was indicted upon the statute of 2 Eliz. enacted in this realm against such as should wilfully and advisedly maintain and uphold the jurisdiction of any foreign prince or prelate in any canses 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 pramunire; and the third offence is

[From Sir John Davies's Reports.] THIS Robert Lalor, being a native of this kingdom, received his orders of priesthood above 30 years since at the hands of one Richard Brady, to whom the pope had given the title of bishop of Kilmore in Ulster; and for the space of 20 years together his authority and credit was not inean 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 jurisdiction of Vicar-General of the See Apostolick, within the arch-bishoprick of Dublin and the bishopricks of Kildare and Fernes. This pretended jurisdiction, extend-made high treason. Upon this indictment he ing well-nigh over all the province of Leinster, he exercised boldly and securely many years together, until the proclamation was published, whereby all Jesuits and priests ordained by foreigo authority were commanded to depart out of this kingdom by a certain time prefixed. After which time he began to lurk and to change his name. Howbeit at last he was apprehended in Dublin, and committed to prison in the Castle there. Upon his first Examinarily and freely he made this ensuing Acknowtion 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 VicarGeneral in the three dioceses before-named, and had exercised spiritual 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

was arraigned, convicted and condemned, and without any farther question. He then made so rested in prison during the next two terms petition unto the lord-deputy to be set at liberty whereupon his lordship caused him to be examined by sir Oliver St. John, sir James Fullerton, sir Jeffery Fenton, the Attorney and Solicitor-General. At first he made some eva

sive and indirect answers; but at last volunta

ledgment 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 con

firmed it by his oath before the lord-deputy and council.

Lalor's Confession or Acknowledgment.. FIRST, he doth acknowledge, that he is not a lawful Vicar-General in the dioceses of Dub

[ocr errors]

lin, Kildare and Fernes, and thinketh in his conscience that he cannot lawfully take upon him the said office.-Item, he doth acknowledge our sovereign lord king James, that now is, to be his 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 foreign prelate, prince or potentate, hath any power to control the king in any case ccclesiastical or civil within this kingdon, or any of his majesty's dominions.-Item, he toth in his conscience believe, that all bishops ordamed and made by the king's authothority 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, disannul or controul 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 fouction of priesthood, or any other duty belonging to a good subject.

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 stile and title of VicarGeneral in the said several dioceses. 8. 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.

At

To this Indictment Lalor pleaded Not Guilty; and when the issue was to be tried, the name and reputation of the man, and the nature of the cause, drew all the principal gentlemen both of the pale and provinces that were in town to the hearing of the matter. 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 indictment upon the old statute of 16 Rich. 2, rather than upon some other later law made since the time of Hen. 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.

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 confession or admittance of his authority in spiritual causes. This being reported unto the lorddeputy by sundry gentlemen, who gave faith unto what he said, his lordship thought fit, that since he had incurred the pain of pramunire, by exercising epi-copal jurisdiction, as VicarGeneral 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 tituJary bishop ordained by the pope), as also that 1. For the first point, we did purposely forat the time of his trial a just occasion might be bear to proceed against him upon any latter taken, to publish the Contession and Acknow-law, to the end that such as were ignorant ledgment 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 Indictment upon the Stat. 16 Ric. 2. Hereupon in Hill. term, 4 Jacobi, an Indictment was framed against him in the King's Bench upon the statute of 16 Rich. 2, cap. 5. contaming these 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 sex of Rome, by the name di the See Apostolick, in the several dioceses of Dublin, Kildare and Fernes,

might be informed, that long before 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.

2. For the second point, the causes that moved and almost enforced the English nation to make this, and other statutes of the same nature, were of the greatest importance that could possibly arise in any state. For these laws were made to uphold and maintain the

sovereignty of the king, the liberty of the people, the common law, and the commonweal, which otherwise had been undermined and utterly ruined by the usurpation of the bishop of Rome.

| of that jurisdiction which belongs of right to his imperial crown; that the king doth lose the service and council 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 imme

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 liber ties 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 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 en acted 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, maintainers 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 pramunire facias to be awarded against them. Upon these motives, and with this affection and zeal of the people, was the statute of 16 Rich. 2. made, whereupon we have framed our indictment.

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 indiately unto God, should be submitted unto 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 præmunire 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 had their scepters wrested out of their hands, their crowns spurned off from their heads, their necks trod upon; they had been made laquies 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 villains, if these acts of manumission had not freed them. In a word, before the making of these laws, the flourishing crown and commonwealth of England was in 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 cominons, 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 contended to uphold and maintain their honour and sovereignty. And their faith and loyalty have been generally such, though every age hath brought forth some particular 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 are clear and manifest testimonies. For this act of 16 Rich. 2. was made at the prayer of the commons: which prayer they make not for themselves, neither shew they their own self-love therein, as in other bills which contain their grievances, but their love and zeal to the king and his crown. When after the Norman Conquest they importuned their kings for the Great Charter, they sought their own liberties; and in other bills preferred commonly by the commons against shriefs, escheators, purveyors, or the like, they seek their own profit and ease. But here their petition is to the king, to make a law for the defence and maintenance of his own honour. They complain, that by bulls and processes from Rome, the king is deprived

[ocr errors]

Now let us look higher and see, whether the former laws made by king Edw. 1. and king Edw. 3, against the usurpation of the bishop of Rome, were not grounded upon the like cause and reason. The statute of 38 Edw. 3. cap. 1. expressing the mischiefs that did arise by Breves of Citation, which drew the bodies of the people, and by Bulls of provision and reservation of ecclesiastical benefices, which drew the wealth of the realin, to the court of Rome, doth 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 realin molested and impoverished, the benefices of holy church wasted and destroyed, divine service, hospitality, alms-deeds and other works of charity neglected.

Again, 27 Edw. 3. cap. 1. upon the grievous and clamorous complaint (for that phrase is there used) of the great men and commons

touching citations and provisions, it is enacted, that the offenders shall forfeit their lands, goods and chattels, and their bodies be imprisoned and ransomed at the king's will.

But in the stat, of 25 Edw. 3. wherein the first law against provisors made 25 Edw. 1. is recited, there is a larger declaration of these inconveniences than in the two last acts before mentioned. For there all the commons of the realm do grievously complain, that whereas the holy church of England was first founded in estate of 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, hospitality 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 rightfull patrons and advowees thereof, and 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 council 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 renounced the benefits of their bulls, satisfied the party grieved, and given securities not to commit the like offence again.

Now, Mr. Lalor, what think you of these things? Did you believe that such laws as these had been made against the pope 200, 250, 300 years since? Was king Hen. 8. the first prince that opposed the pope's usurped authority? Were our protestants the first subjects that ever complained of the court of Rome? Of what religion, think you, were the propounders and enacters of these laws? Were they good catholicks, or good subjects, or what

were they? You will not say they were protestants, for you will not admit the reforined religion to be so ancient as those times: neither can you say they were undutiful, for they strove to uphold their liege lord's sovereignty. 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 transcendant 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, howsoever in other points they did err and were mis-led with the church of Rome.

So as now (Mr. 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.

But you, being an Irishman, will say, perhaps, these laws were made in England, and that the Irish nation gave no particular consent thereunto, only there was an implicit consent wrapt and folded up in general terms given in the statute of 10 Hen. 7. cap. 22. whereby all statutes made in England are established and made of force in Ireland. Assuredly, though the first parliament held in Ireland was after the first law against provisors made in England, yet have there been as many particular laws made in Ireland against provi sions, citations, bulls and breves of the court of Rome, as are to be found in all the parlament-rolls in England. What will you ́ say if in the self-same parliament of 10 Hen. 7. cap. 5. a special law were made, enacting, authoriz ing 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 23 Hen. 6. cap. 30. the like; and before that, the like law were made 40 Edw. 3. cap. 19. in the famous parliament of Kilkenny; if a statute of the same nature were made 7 Edw. 4. cap. 2. and a severer law than all these, 16 Edw. 4. cap. 4. that such as pur chase 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 Mr. Lalor more than all the acts which are before remembered?

But let us ascend yet higher, to see when the pope's usurpation, which caused all these complaints, began in England, with what suc cess it was continued, and by what degrees it.

« VorigeDoorgaan »