An ansvvere to the fifth part of Reportes lately set forth by Syr Edvvard Cooke Knight, the Kinges Attorney generall Concerning the ancient & moderne municipall lawes of England, vvhich do apperteyne to spirituall power & iurisdiction. By occasion vvherof, & of the principall question set dovvne in the sequent page, there is laid forth an euident, plaine, & perspicuous demonstration of the continuance of Catholicke religion in England, from our first Kings christened, vnto these dayes. By a Catholicke deuyne.

The Attorney.

Where a Prior is the Kings debitor, and ought to haue tithes of another spirituall person; * 1.1

he may choose either to sue for sub∣traction of his tithes in the Ecclesiasticall Courte, or in the Ex∣chequer, and yet the persons, and matter also was Ecclesiasticall. For seing the matter, by a meane, concerneth the King, hee may sue for them in the Exchequer, as well, as in the Ecclesiasticall Courte, and there shall the right of tithes bee determined. And Fitzh. in his Nat. Br. fol. 30. holdeth, that before the Statute of the 18. of E. 3. cap. 7. that right of tithes were determinable in the tē∣porall Courts, * 1.2 at the election of the partie. And by that Statute assigned to be determined in the Ecclesiasticall Court, and the temporall Courte excluded therof. And the Courts of diuers manners of the Kings, and of other Lords in auncient times, had the probates of last wills and testaments; and it appeareth by the 11. Hen. 7. fol. 12. that the probate of testaments did not appertaine to the Ecclesiasticall Courte, but that of late time they were determinable there: so as, of such causes, and in such manner, as the Kings of the Realme, by generall consent and allowance haue assigned to their Ecclesiasticall Courts, they haue iurisdiction by force of such allowance.

The King did by his Charter translate Canons secular into regular, * 1.3 and religious persons, which hee did by his Ecclesiasti∣call iurisdiction, and could not doe it, vnlesse he had iurisdiction Ecclesiasticall.

The Abbot of VValtham died in the 45. yeare E. 3. and one Ni∣cholas merrit was elected Abbot, * 1.4 who,

for that the Abbey was

exempt from ordinarie iurisdiction, was sent to Rome to be con∣firmed by the Pope. And because the Pope by his constitutions had reserued all such collations to himself, he did recite by his Bull, that he hauing no regard to the election of the said Nicolas, gaue to him the said Abbey, and the spiritualties and temporal∣ties belonging to the same, of his spirituall grace, and at the re∣quest (as he fained) of the King of England This Bull was read, and considered of in Councell, that is, before all the Iudges of England; and it was resolued by them all that this Bull was against the laws of England, and that the Abbot for obtaining the same, was fallen into the Kings mercie, whervpon all his possessions were seased into the Kings hands, as more at large by the said Case appeareth.

Where the Abbot of VVestminster had a Prior & Couent, who were regular, * 1.5 and mort in law; yet the King by his Charter did deuide that corporation, and made the Prior and Couent a distinct and capable bodie, to sue, and be sued by themselues.

Notes

• * 1.1

  The ••. In∣stance. 38. ass. pl. 30.
• * 1.2

  See the stat. of 15. E. t. c. 4. 31. E. ••. c. 11.
• * 1.3

  38. Ass. pl. 22.
• * 1.4

  46. E. ••. tit. pramu∣nure. 6.
• * 1.5

  49. E. 3. l. Ass. pl. 8.