THE CASE OF PRÆMUNIRE; OR, THE CONVICTION AND ATTAINDER OF ROBERT LALOR, PRIEST, BEING INDICTED UPON THE STATUTE OF 16 RICH. 2. CAP. 5. Reports of Sir John Davies, Knight, Attorney-General for Ireland. THIS Robert Lalor, being a native of this kingdom, of what quareceived his orders of priesthood above thirty years Robert Lalor lity and credit 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 jurisdiction of Vicar-General of the see apostolic within the archbishoprick of Dublin, and the bishopricks of Kildare and Ferns. 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 all Jesuits and priests ordained by foreign 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; howHis apprehen- 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, sion and first His first indictment and conviction. 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 spiritual jurisdiction in foro conscientiæ; 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. : 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 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 Præmunire; and the third offence is made high treason. Upon this indictment he was arraigned, convicted and condemned, and so rested in prison during the next two terms without any farther question. He then made petition unto the Lord-Deputy to be set at liberty: His second whereupon his Lordship caused him to be examined Examination. by Sir Oliver St. John, Sir James Fullerton, Sir Jeffery Fenton, the Attorney and Solicitor-General. 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. The Confession or Acknowledgment of Robert Lalor, priest, made the 22d of December, 1606. sion or ac First, he doth acknowledge that he is not a lawful His confesVicar-General in the dioceses of Dublin, Kildare and knowledgFerns, 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 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, ment. 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 confession 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 Præmunire, by exercising episcopal jurisdiction, 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. |