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Prmunire (Case of) Eng. Rep. 567 (1378-1865)

handle is hein.slavery/ssactsengr0922 and id is 1 raw text is: THE CASE OF PREMUNIRE

Et tiel vicar avera juris utrum de terres annex ou done a luy perpetualment, per le
stat. de 14 Edw. 3. cap. 17. Vid. 40 Edw. 3. 28. b. ou Finchden dit, que coment que
ad estre tenus que vicar navera action de ses possessions vers nul person, uncore la
ley est change en cest point, & per reason, quant il est endow a luy & ses successors
perpetualment.
Et ceo fuit le substance des arguments ex utraque parte fait en cest case. Car
nul judgement est uncore done en ceo. L'Attorney Generall & Bolton Recorder
de Dublin & Oliver Eustace le civilian fueront a Counsell la ove Clerke del Roy; &
William Talbot, James Briver, & John Haly Doctor de Civil Ley, ove les defendants.
[84] HILL. 4 JACOBI.
THE CASE OF PRAMUNIRE, or THE CONVICTION AND ATTAINDER OF ROBERT LALOR
Priest, being endited upon the Statute of 16 Rich. 2. cap. 5.
This Robert Lalor, being a native of this kingdome, received his orders of priest-
hood above thirty 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 twenty years
together his authority and credit was not mean within the province of Leimster. He
had also made his name known in the Court of Rome, and held intelligence with the
Cardinall who was protector of this nation, by means whereof he obtained the title
and jurisdiction of Vicar-General of the See Apostolick within the Archbishoprick
of Dublin, and the Bishopricks of Kildare and Fernes. This pretended jurisdiction,
extending well-nigh over all the province of Leimster, he exercised boldly and securely
many years together, untill the proclamation was published, whereby all Jesuites and
priests ordained by forrein authority were commanded to depart out of this kingdome
by a certain time prefixed. After which time he began to lurk and to change his
name, howbeit at last he was apprehended in Dublin, and committed to prison in
the castle there. Upon his first examination taken by the Lord Deputie himself, he
acknowledged that he was a priest, and ordained by a popish titularie bishop; that
he had accepted the title and office of the Pope's vicar-generall in the three dioceses
before named, and had exercised spiritual jurisdiction in foro conscientie ; and in
sundry other points he maintained and justified the Pope's authority: onely he said,
he was of opinion that the Pope had no power to excommunicate or depose His
Majestic, because the King is not of the Pope's religion.
The next term after he was indicted upon the statute of 2 Eliz. enacted in this
realm against such as should wilfully and advisedly maintain and uphold the juris-
diction of any forrein prince or prelate in any causes ecclesiasticall or civil within
this realm. By which statute the first offence of that kind is punished with losse of
goods, and one year's imprisonment; the second offence incurreth the penaltie of the
PrTmunire; and the third offence is made high treason. Upon this indictment he
was arraigned, convicted, and condemned, and so rested in prison during the next
two terms without any further question. He then made petition unto the Lord
Deputie to be set at liberty: whereupon his Lordship caused him to be examined
by Sir Oliver Saint-John, Sir James Fullerton, Sir Jeffery Fenton, the Atturney and
Solicitor Generall. At first he made some evasive and indirect answers; but at last
voluntarily and freely he made this ensuing acknowledgement or confession, which
being set down in writing word for word as he made it, was advisedly read by
him, and subscribed with his own hand, and with the hands of those who took his
examination; and afterwards he confirmed it by his oath before the Lord Deputie
and Councill.
THE CONFESSION OR ACKNOWLEDGEMENT OF, ROBERT LALOR Priest,
made the 22 of December 1606.
First, he doth acknowledge that he is not a lawfull vicar generall in the dioceses
of Dublin, Kildare and Fernes, and thinketh in his conscience that he cannot lawfully
take upon him the said office.

DAVIS, 8C.

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