THE
POORE
VICARS
PLEA
for
Tithes
.
THe
prosperous
and
happie
peace
which
this
poore
Kingdome
of
Ireland
hath
of
late
yeeres
inioyed
,
is
such
,
as
neither
our
Fathers
euer
saw
,
nor
can
bee
sampled
out
of
any
Records
or
Histories
of
former
ages
.
The
plough
now
walketh
without
feare
,
the
wayfaring
man
trauaileth
without
danger
,
the
lawes
are
executed
in
euery
place
alike
.
Cocherings
are
reduced
to
Chiefe-rents
;
The
poore
Tenant
beginneth
to
stand
for
his
right
against
his
tyrannizing
and
cutting
Landlord
:
The
name
of
a
Kerne
is
almost
forgotten
.
The
woods
and
fastnes
are
left
for
beasts
.
The
men
are
drawen
to
Villages
and
Townes
,
and
all
reduced
(
thanked
bee
God
)
to
a
measure
of
good
ciuility
.
Onely
the
Church
in
this
common
ioy
mourneth
,
looking
pale
and
wan
,
as
if
she
had
been
either
newly
taken
out
of
a
burning
feuer
,
or
came
lately
flying
out
of
a
bloody
battell
.
The
Churches
in
most
places
lie
waste
:
and
where
Churches
are
,
there
want
,
rather
Ministers
able
to
instruct
the
people
,
then
people
capable
of
instruction
.
So
that
,
if
his
Maiestie
should
bee
pleased
to
cast
his
eye
vpon
the
Temporall
and
Ecclesiasticall
estate
of
this
his
kingdome
both
at
once
,
he
might
well
sigh
in
himselfe
,
and
say
as
sometime
King
Dauid
did
,
Ecce
Ego
nunc
habito
in
domo
cedrina
,
dum
arca
foederis
sub
aulaeis
.
Neither
is
the
cause
of
this
her
pouertie
,
and
extreme
calamitie
hard
to
be
discerned
:
would
God
the
remedie
were
as
easie
to
bee
found
.
The
sole
cause
therefore
of
this
her
miserie
,
is
the
multitude
of
Benefices
,
long
since
taken
from
the
dayly
Ministers
of
the
Churches
,
and
conuerted
to
other
vses
:
But
principally
and
in
greaest
number
appropriated
to
the
luxury
of
the
Monks
.
For
there
was
an
age
when
Christian
Religion
seemed
to
consist
onely
in
building
of
Monasteries
,
and
in
bestowing
large
reuenues
vpon
them
when
they
were
built
.
But
those
Monkeries
,
as
they
were
from
the
beginning
exceeding
burdensome
to
the
Temporall
estate
of
all
kingdomes
in
which
they
were
erected
,
so
in
short
time
they
grew
banefull
to
the
Churches
,
by
reason
of
the
multitude
of
Church
liuings
which
they
procured
dayly
to
bee
appropriated
to
their
vses
:
wherupon
it
was
,
that
(
among
other
grieuances
)
which
the
Christian
Nations
complained
of
in
the
Councell
of
Constance
,
&
whereof
they
required
reformation
;
this
was
one
,
That
the
number
of
Vnions
and
Incorporations
;
that
is
to
say
,
of
Appropriations
was
ouer
much
increased
in
all
kingdomes
.
And
the
Councell
thereupon
decreed
,
That
all
such
Appropriations
as
had
bin
in
certain
yeeres
before
should
be
reuersed
;
Yet
with
this
reseruation
,
viz.
Vnlesse
they
were
made
vpon
iust
and
lawfull
causes
:
which
was
nothing
else
,
but
to
blind
the
eyes
of
the
world
,
and
to
send
away
the
complainants
,
content
for
the
present
.
The
Councell
of
Trent
Concil.
Trident.
Sess.
7.
also
not
long
after
reuoked
all
Appropriations
which
had
been
made
in
fourtie
yeeres
before
.
But
I
could
neuer
finde
that
this
Canon
tooke
effect
any
more
then
that
other
of
Constance
did
.
Sure
I
am
,
that
the
French
writers
complaine
,
that
they
haue
been
as
frequent
in
France
since
that
Councill
as
before
:
and
so
frequent
,
that
the
Vniuersities
,
(
which
by
a
laudable
custome
of
that
Realme
haue
a
right
of
Nomination
to
a
Neither
haue
these
Monasteries
done
more
harme
to
the
Church
in
themselues
,
then
they
haue
by
their
example
.
For
from
them
,
Chantries
,
Colledges
,
Hospitals
,
and
Nunneries
,
learned
to
procure
Appropriations
to
be
made
vnto
them
.
By
meanes
whereof
,
the
seuerall
Parishes
throughout
Christendome
began
in
short
time
to
grow
destitute
of
learned
Teachers
,
and
by
this
occasion
more
then
by
any
other
,
fell
from
ciuilitie
to
barbarisme
,
and
from
the
knowledge
of
true
Religion
,
to
grosse
ignorance
and
meere
superstition
.
But
of
all
Kingdomes
of
the
Christian
world
,
I
suppose
that
neuer
any
was
so
surcharged
and
ruined
with
this
heauy
burden
as
this
poore
Kingdome
of
Ireland
hath
beene
,
and
is
.
For
the
more
barbarous
the
people
was
,
the
more
were
they
addicted
to
superstition
;
and
the
more
superstitious
,
the
more
easie
to
be
wrought
vpon
in
this
kinde
.
To
instance
in
one
for
all
:
I
haue
obserued
out
of
an
olde
Liger
booke
of
the
Abbey
Church
liuings
in
part
,
or
in
whole
,
to
be
appropriated
to
their
vses
.
Neither
may
we
doubt
,
but
that
Kilmainim
,
Saint
Maries
,
and
other
such
houses
,
which
were
in
great
number
in
and
about
Dublin
,
and
other
parts
of
that
Kingdome
,
had
their
share
alike
.
By
meanes
whereof
it
is
come
to
passe
,
that
a
man
shall
there
finde
few
Churches
serued
by
other
then
poore
Vicars
and
Stipendarie
Curats
,
and
those
,
for
the
most
part
,
men
of
such
course
stuffe
,
as
hardly
can
a
man
say
,
whether
such
men
bee
lesse
worthy
of
better
maintenance
,
or
such
maintenance
of
better
men
.
I
haue
beene
told
that
Doctor
Weston
,
a
learned
Ciuilian
,
and
(
not
long
since
)
a
worthy
Lo.
Chancellour
of
this
Kingdom
,
pitying
the
miserable
plight
of
this
poore
Church
,
deuised
the
meanes
how
to
haue
all
those
Impropriations
restored
to
their
primer
vse
againe
,
and
that
hee
wrote
a
large
Discourse
to
that
effect
,
which
he
intended
to
send
to
her
Maiestie
of
happy
memorie
,
but
that
death
preuented
him
,
and
(
he
dying
)
that
worke
aborted
with
him
.
I
must
confesse
,
that
the
line
of
my
vnderstanding
is
too
short
to
reach
to
so
deepe
a
point
of
learning
:
but
well
can
I
shew
,
what
hath
beene
done
heretofore
in
the
like
case
,
for
the
benefit
of
the
Church
;
and
how
(
without
wrong
to
any
man
,
and
by
a
laudable
due
course
of
law
)
there
may
and
ought
to
be
a
competent
maintenance
raised
vnto
euery
Minister
,
out
of
the
Tithes
belonging
to
his
owne
Church
;
and
that
by
the
immediate
authoritie
of
the
Bishop
,
notwithstanding
the
Appropriations
as
now
they
stand
,
and
so
the
poore
estate
of
this
Church
be
made
a
grea●
deale
more
tolerable
then
now
it
is
.
And
this
is
the
Argument
of
this
short
Discourse
ensuing
:
an
Argument
,
which
I
know
wil
seeme
harsh
,
and
not
sound
well
in
the
eares
of
those
men
who
haue
hitherto
liued
in
the
quiet
possession
of
the
whole
.
But
they
a●e
for
the
most
part
,
men
of
honour
and
wisedome
,
and
such
as
can
easily
apprehend
,
That
if
happily
my
loue
vnto
our
Mother
the
Church
,
hath
driuen
me
into
an
errour
,
my
errour
cannot
hurt
them
:
And
if
I
shall
maintaine
a
trueth
,
the
trueth
will
defend
both
it selfe
and
me
:
In
the
one
case
they
need
not
,
in
the
other
they
ought
not
;
and
therefore
I
hope
and
presume
,
that
in
honour
they
will
not
be
offended
at
mee
.
As
for
the
Argument
it selfe
,
it
will
in
my
poore
vnderstanding
bee
made
cleere
and
sufficiently
prooued
to
all
men
of
indifferencie
and
wisedome
,
if
I
shall
be
able
to
make
it
appeare
.
First
,
that
by
the
Lawes
Ecclesiasticall
,
which
were
in
force
before
,
and
at
the
time
of
the
dissolution
of
Abbeys
in
the
reigne
of
Hen.
8.
The
Bishops
had
full
power
and
authoritie
within
their
seuerall
Diocesses
to
allot
,
or
cause
to
be
allotted
out
of
euery
Benefice
,
so
much
of
the
Tithes
as
might
well
serue
for
a
fit
maintenance
of
the
Minister
,
any
Impropriation
notwithstanding
.
And
secondly
,
That
the
same
Lawes
and
Canons
stand
hitherto
in
full
force
and
vncontrolled
by
any
Statute
of
either
Kingdome
.
To
put
hooke
to
corne
therefore
.
And
first
to
make
it
cleare
,
That
by
the
course
of
the
Canon
Lawes
,
and
by
the
practise
vsed
in
those
daies
,
the
Bishops
had
such
power
ouer
the
Monasteries
,
and
other
such
like
houses
,
while
they
were
in
their
cheefest
Ruffe
.
It
is
to
be
obserued
,
That
it
was
the
opinion
which
the
world
had
conceiued
of
the
pietie
,
charitie
,
and
deuotion
of
Monks
,
that
first
caused
those
ample
reuenues
,
both
Temporall
and
Ecclesiasticall
to
be
cast
vpon
them
.
This
opinion
was
the
more
confirmed
in
the
minds
of
men
by
their
laudable
beginnings
,
for
as
the
liberalitie
of
the
rich
to
them-wards
,
was
very
great
;
so
were
also
their
hospitality
in
receiuing
strangers
,
their
charitie
in
redeeming
captiues
,
their
deuotion
in
releeuing
the
poore
,
and
other
Almesdeeds
no
lesse
.
As
for
these
Benefices
which
were
annexed
to
their
houses
,
and
appropriated
to
their
vses
,
it
is
reported
,
that
they
vsed
them
,
as
if
they
vsed
them
not
,
and
taking
thereof
a
small
pension
for
themselues
,
they
left
the
rest
to
their
Vicar
,
which
performed
the
daily
office
in
the
Church
.
And
no
maruaile
:
for
had
they
appeared
in
their
owne
likenesse
at
the
first
,
euery
man
had
shut
doores
against
them
:
But
in
processe
of
time
,
as
their
Luxurie
,
caused
by
their
idlenesse
,
swallowed
vp
their
deuotion
,
so
their
Auarice
,
the
naturall
begotten
daughter
of
their
Luxurie
,
quenched
the
fire
of
their
Charitie
.
Then
began
they
to
take
the
whole
fruits
of
those
Benefices
into
their
owne
hands
,
and
to
thrust
the
Curate
to
his
pittance
,
not
regarding
how
vnworthy
the
man
were
,
so
he
would
content
himselfe
with
little
wages
.
Insomuch
,
that
the
Popes
themselues
,
who
vse
to
winke
at
small
faults
in
their
trustie
seruants
,
grew
offended
at
this
their
insatiable
auarice
,
fearing
,
and
foreseeing
,
that
in
the
end
,
it
would
turne
to
the
discredit
of
the
Papacie
,
whose
creatures
they
were
,
to
the
ruine
of
the
Parish-Churches
,
and
decay
of
Religion
in
all
places
where
they
came
.
The
first
which
opposed
himselfe
against
them
,
was
Pope
Alexander
the
third
,
about
the
yeere
of
our
Lord
God
1170.
He
wrote
to
the
Monkes
and
other
Regulars
of
the
Church
and
Diocesse
of
Yorke
,
a
certaine
Decretall
,
wherin
hauing
first
blamed
their
couetous
disposition
in
this
kind
,
he
addeth
these
words
.
Intelleximus
quod
in
Ecclesijs
vestris
Aufrer
.
dec●●
.
109.
will
haue
it
to
be
vnderstood
of
the
Couents
of
inferior
Priories
,
rather
then
of
the
Vicars
of
Parish
Churches
,
being
led
into
this
opinion
,
no
doubt
,
by
the
word
Clericorum
;
which
yet
,
as
Suidas
and
others
testifie
,
comprehendeth
all
sorts
of
Priests
and
Deacons
,
and
all
others
which
had
taken
vpon
them
any
degree
of
holy
Orders
,
were
they
Secular
,
or
were
they
Regular
,
and
doth
more
properly
signifie
a
Minister
of
the
Church
,
as
one
which
is
more
peculiarly
called
in
sortem
Domini
,
then
it
doth
a
Monke
or
Friar
.
But
of
whomsoeuer
it
was
meant
,
it
seemeth
that
this
Constitution
serued
only
for
a
warning
peece
,
and
did
but
randon
ouer
the
Monkes
for
that
present
,
without
doing
them
any
greater
harme
;
for
,
vana
est
omnis
constitutio
quae
contra
facientibus
poenam
non
imponit
.
And
therefore
as
the
disease
increased
,
so
was
the
remedie
more
and
more
inforced
:
wherefore
the
same
Alexander
,
not
long
after
,
being
duly
informed
of
the
ill
behauiour
of
our
Monkes
in
this
kind
,
and
that
contrary
to
the
old
custome
,
they
suffered
the
poore
Curats
to
take
al
the
paines
,
and
not
to
pertake
of
the
gaines
in
any
resonable
sort
,
wrote
to
the
Bishop
of
Worcester
in
this
manner
.
De
monachis
For
the
better
vnderstanding
of
which
Constitution
it
is
to
be
noted
,
that
in
all
those
Churches
which
were
appropriated
to
any
Monasterie
,
the
Monkes
as
they
were
to
receiue
the
fruites
to
their
owne
vses
,
so
were
they
to
present
their
Vicar
to
the
Bishop
,
by
him
to
be
canonically
instituted
to
the
cure
of
soules
,
and
were
also
to
allow
so
much
out
of
the
Tithes
,
as
in
the
discretion
of
the
Ordinarie
might
seeme
enough
to
mainetaine
the
Vicar
in
a
competent
and
a
conuenient
manner
,
his
calling
,
degree
,
and
quality
considered
,
as
also
to
discharge
Procurations
,
and
other
duties
belonging
to
the
Bishop
,
to
mainetaine
hospitality
,
and
to
support
and
defray
all
other
charges
belonging
to
such
a
Benefice
,
as
shall
hereafter
more
fully
bee
declared
.
But
because
the
Monkes
would
make
them
no
other
allowance
then
such
as
is
now
commonly
made
to
our
hirelings
heere
in
Ireland
.
Therefore
the
Pope
willed
the
Bishop
(
to
whom
the
care
of
these
things
properly
belonged
)
to
reforme
this
abuse
,
and
not
to
admitte
of
any
Clerke
at
their
presentation
,
vnlesse
the
Monkes
would
first
make
an
allowance
of
so
much
of
the
Tithes
or
other
profits
to
the
vse
of
the
Vicar
,
as
would
suffice
for
all
the
aboue
named
charges
,
so
saith
Panormitane
,
Innocentius
,
Rebuffus
,
Panormit
.
&
Innocen
.
ad
D.
6
de
Monarchis
Rebuff
.
de
congr●…
.
and
other
Writers
,
expositors
of
the
Canon
Law
.
For
albeit
there
were
not
in
those
daies
any
Vicarages
endowed
(
for
this
is
a
terme
of
our
Common
Lawes
,
and
vnknowen
vnto
the
Canons
)
yet
was
there
euer
a
perpetuall
Vicar
to
be
resident
in
the
Parish
,
no●
by
licence
(
as
now
is
vsed
)
but
by
Canonicall
institution
from
the
Ordinarie
,
at
the
presentation
of
the
Monkes
:
vnto
which
institution
the
Bishop
could
not
bee
compelled
,
vnlesse
the
Monkes
had
first
set
out
a
competent
allowance
for
the
Vicar
,
as
the
Ordinary
should
thinke
meete
.
And
this
was
then
thought
to
be
a
sufficient
tie
vpon
the
Monkes
,
to
restraine
their
auarice
,
and
to
compell
them
to
make
a
more
liberall
allowance
for
the
Vicar
:
seeing
that
the
cure
of
soules
,
which
originally
,
or
(
as
the
Canonists
speake
)
habitually
resided
in
them
,
could
not
otherwise
be
supplied
.
And
not
long
after
the
same
Alexander
,
sitting
in
the
Laterane
Councell
,
issued
forth
a
Canon
of
the
same
nature
with
his
Decretall
,
but
in
termes
more
generall
,
and
in
forme
as
followeth
.
Extirpandae
This
Canon
(
as
Panormitane
in
his
Commentaries
vpon
the
same
saith
)
is
Charolus
Martellus
(
as
the
French
Histories
report
,
and
no
lesse
appeareth
out
of
the
body
of
the
Canon
Law
)
after
that
great
and
glorious
battell
neere
Tours
vpon
the
Loire
,
against
the
Sarasins
,
wherein
hee
slew
of
the
Infidels
There
was
after
this
another
Decree
published
by
Clement
the
third
,
in
these
words
.
Sicut
nobis
tua
fraternitas
intimauit
This
Constitution
suffereth
some
quarrell
and
dispute
vpon
sundry
points
.
But
for
our
present
purpose
,
Petrus
Rebuffus
saith
,
that
it
issued
foorth
vpon
this
occasion
.
Alexander
the
third
(
as
hath
beene
said
)
had
decreed
that
a
Bishop
should
not
admitt
of
the
Presentee
of
the
Monkes
,
vnlesse
they
would
first
assigne
a
sufficient
portion
of
the
profits
,
for
his
maintenance
:
whereupon
the
Monkes
would
not
present
any
Vicar
at
all
,
but
either
left
their
Churches
vnserued
,
or
serued
them
with
poore
mercenary
Curats
,
such
as
we
haue
hundreds
here
in
Ireland
,
and
so
the
Church
was
worse
serued
,
and
the
Church-men
worse
prouided
for
,
then
before
.
Whereupon
this
Clement
by
this
Constitution
ordained
,
That
in
case
they
did
not
prouide
sufficient
persons
within
the
time
limited
in
the
Lateran
Councill
,
which
was
of
six
months
,
Then
the
Bishop
should
collate
by
his
owne
authority
,
as
in
other
cases
of
laps
and
deuolution
:
Excepting
alwaies
those
Monkes
,
which
by
speciall
priuiledge
were
exempted
from
his
Iurisdiction
;
for
with
these
the
Ordinary
was
not
permitted
,
but
rather
forbidden
to
deale
.
But
Clement
the
fourth
,
about
the
yeare
of
our
Lord
1240.
perceiuing
that
the
aboue
mentioned
Constitution
of
Alexander
the
third
,
had
taken
some
good
effect
with
the
ordinary
sort
of
Monkes
:
and
taking
notice
:
That
the
Exempt
Monkes
which
were
immediatly
subiect
to
the
See
of
Rome
,
continued
still
to
oppresse
their
Vicars
with
intollerable
exactions
,
and
to
make
them
such
small
allowances
,
that
the
poore
men
were
not
able
to
liue
thereon
,
made
a
Decree
,
That
the
Constitution
of
Alexander
,
should
also
take
place
and
be
of
force
against
the
Exempt
Monkes
:
The
words
(
after
mention
made
of
the
Decree
of
Alexander
,
and
of
the
great
abuses
which
grew
by
the
auarice
of
the
priuiledged
Monkes
)
follow
in
this
manner
.
Nos
itaque
volentes
super
hoc
But
all
these
Lawes
,
though
grounded
vpon
great
reason
were
of
little
force
to
preuaile
against
a
mischiefe
which
had
spread
it selfe
so
farre
,
and
rooted
it selfe
so
deepe
,
by
custome
,
and
the
redresse
whereof
must
pinch
the
belley
of
the
Monke
:
For
what
effect
could
a
bare
Mandamus
worke
in
a
case
of
this
nature
,
there
being
no
penaltie
inflicted
vpon
the
offender
.
Non
canis
à
corio
facile
absterrebitur
vncto
.
The
Templars
(
for
they
were
those
which
most
offended
in
this
kind
,
and
which
of
all
others
were
the
principall
occasion
of
these
Decrees
)
were
too
couetous
to
obey
for
conscience
,
and
too
mightie
to
bee
terrified
with
words
.
And
for
mine
owne
part
I
cannot
see
,
what
this
was
else
,
but
either
a
feare
to
displease
them
;
or
else
a
meere
mockery
of
the
world
,
to
commaund
this
thing
to
be
done
,
and
yet
neither
to
inflict
a
penaltie
vpon
the
offender
,
nor
giue
authoritie
to
the
Reformer
.
I
confesse
,
that
our
Doctors
and
Interpreters
of
the
Canon
Law
,
reckon
this
for
one
of
the
cases
wherein
the
Ordinary
,
had
power
giuen
him
ouer
the
priuiledged
Monkes
:
But
neither
were
these
such
men
as
would
giue
their
beards
for
the
washing
,
neither
would
the
Bishops
venture
vpon
such
a
point
of
Reformation
without
a
more
expresse
warrant
:
seeing
that
Kings
themselues
had
their
power
in
suspect
and
iealousie
,
which
also
was
in
the
end
their
bane
and
ouerthrow
.
At
the
last
came
Clement
the
f●●…t
,
a
through
man
,
in
whatsoeuer
he
vndertooke
This
Pope
in
the
Councell
of
Vienne
in
France
,
made
a
Canon
for
the
reformation
of
this
abuse
,
more
absolute
then
any
of
his
predecessors
had
made
before
him
:
For
,
hauing
repeated
the
Constitutions
of
Alexander
the
third
,
and
of
Clement
the
fourth
,
and
finding
them
both
to
bee
imperfect
,
he
adiureth
all
Bishops
:
Ne
praesentatum
aliquem
per
quamcunque
personam
Ecclesiasticam
,
ius
And
knowing
wel
by
the
experience
of
times
past
,
what
little
effect
a
bare
command
was
like
to
take
with
this
kinde
of
men
.
Hee
further
ordained
,
that
in
case
the
Monkes
should
not
make
such
allowance
as
was
fit
for
the
vses
there
expressed
within
such
reasonable
time
as
the
Ordinary
should
prefixe
,
Vt
extunc
Diocesani
debeant
praesentatum
admittere
,
By
which
wordes
both
the
Presentee
was
secured
in
his
possession
,
as
taking
it
by
Collation
from
the
Bishop
,
and
the
right
of
assigning
the
Vicars
portion
taken
from
the
Monkes
,
and
setled
vpon
the
Ordinary
of
the
Diocesse
:
And
moreouer
,
to
arme
him
aswel
with
power
to
execute
,
as
with
authoritie
to
command
ouer
the
exempt
and
priuiledged
Monkes
,
In
the
end
of
the
constitution
hee
addeth
these
wordes
,
Ad
quae
omnia
integraliter
adimplenda
,
nec
non
ad
obseruationem
debitae
assignationis
per
Diocesanum
faciendae
Religiosos
praedictos
,
&
alios
quoslibet
à
Diocesanis
ijsdem
Ecclesiastica
volumus
censura
compelli
;
non
obstantibus
exemptionibus
,
aut
alijs
quibuslibet
priuilegijs
,
consuetudinibus
vel
statutis
,
quae
circa
praemissavel
eorum
aliquod
Religiosis
ipsis
,
aut
alijs
,
in
nullo
volumus
suffragari
.
And
this
authoritie
granted
to
the
Ordinarie
ouer
the
exempt
Monkes
,
is
yet
more
cleere
by
another
constitution
of
the
same
Clement
,
and
in
the
same
Councell
,
wherein
because
Abbats
and
other
regular
Prelates
were
wont
to
hold
their
subordinate
Priories
and
other
Churches
belonging
to
them
,
in
their
owne
hands
;
or
otherwise
to
oppresse
them
with
exactions
,
or
happily
not
presenting
any
at
all
to
the
Bishop
for
institution
,
therefore
it
was
ordained
,
that
in
case
they
presented
not
within
sixe
moneths
.
Diocesani
locorum
And
to
the
end
the
Ordinaries
might
haue
power
in
themselues
,
not
onely
to
supplie
their
negligence
,
but
also
to
restraine
their
auarice
:
Therefore
it
followeth
in
the
same
Decree
in
this
manner
.
Eadem
quoque
authoritate
Diocesani
suffulti
,
nullo
modo
permittant
quòd
ijdem
Praelati
,
Prioratus
,
Ecclesias
,
Administrationes
aut
Beneficia
applicent
mensis
suis
,
pensioné●ue
nouas
ijs
imponant
,
aut
veteres
augeant
,
siue
quae
ipsis
de
nouo
imp●sitae
siue
auctae
soluantur
.
The
difference
betweene
this
and
the
former
constitution
is
this
.
In
the
former
,
Bishops
had
power
to
make
or
cause
to
be
made
a
sufficient
allowance
to
the
Incumbent
,
In
the
later
,
to
see
that
the
Monkes
layd
no
new
exactions
,
or
imposed
greater
pensions
vpon
them
:
which
difference
arose
from
a
diuersitie
of
custome
vsed
among
the
Monkes
.
For
sometimes
(
and
that
was
the
more
ancient
and
better
fashion
)
they
left
the
grosse
of
the
tithes
and
other
profits
to
b●
receiued
by
the
Vicar
,
reseruing
to
themselues
onely
a
pension
,
to
bee
payed
out
of
the
whole
by
the
Vicar
,
which
afterwards
they
sought
immediately
to
increase
:
and
sometime
they
set
their
owne
Proctor
to
take
vp
the
maine
profits
,
and
left
onely
a
part
or
portion
to
the
Vicar
,
which
they
sought
continually
to
diminish
:
But
in
both
cases
the
Bishops
Crosier
had
the
priuiledged
Monke
by
the
legge
,
aswell
as
hee
had
the
other
.
This
Clement
made
bolder
with
all
sorts
of
Monkes
then
any
Pope
did
before
or
after
him
.
And
as
for
the
exempt
Orders
of
them
,
whereas
they
were
by
vertue
of
their
exemption
immediatly
subiect
to
the
See
of
Rome
,
which
could
not
from
so
farre
off
,
looke
well
into
their
dealings
,
he
made
them
in
this
and
certaine
other
cases
liable
to
the
Bishops
,
of
the
seuerall
Diocesse
;
not
as
vnto
Ordinaries
,
but
as
to
Delegates
from
the
See
of
Rome
for
perpetuitie
,
as
heere
appeareth
.
And
lastly
subiected
them
wholly
in
this
manner
to
the
visitation
and
rodde
of
correction
of
the
Bishops
,
with
a
Non
obstante
of
all
their
exemptions
or
other
Prerogatiues
and
Priuiledges
whatsoeuer
.
As
for
the
Templars
,
of
whom
I
spake
before
,
This
also
was
that
Clement
,
which
,
either
fearing
or
enuying
their
La
Marteliere
the
Kings
Attourney
generall
in
Paris
,
in
the
case
betweene
the
Vniuersity
Quem
quisque
metuit
periisse
expetit
;
and
the
Pope
cannot
long
endure
a
fellow
Pope
in
Rome
.
But
to
returne
to
our
purpose
.
By
that
which
hath
beene
said
,
it
may
clearely
appeare
,
That
the
Bishop
of
euery
Diocesse
,
what
as
Ordinary
,
what
as
a
legall
and
perpetuall
delegate
of
the
Pope
,
had
full
power
in
all
cases
of
Appropriation
,
to
compell
the
Abbat
of
what
sort
,
order
,
or
priuiledge
soeuer
,
to
make
a
conuenient
allowance
out
of
the
Tithes
and
other
profits
of
euery
Benefice
,
for
the
sufficient
and
decent
maintenance
of
the
Curate
so
that
had
these
Lawes
beene
as
carefully
put
in
vre
,
as
they
were
in
writing
,
the
Auarice
of
the
Monkes
had
beene
restrained
,
and
the
Curats
better
prouided
for
But
,
Quid
leges
,
sine
moribus
?
The
miserable
euent
and
calamitie
of
all
Churches
sheweth
,
that
the
gate
being
once
set
open
to
their
auarice
,
it
was
too
late
to
shut
the
wicket
:
yet
the
Popes
of
succeeding
times
were
not
altogether
negligent
in
seconding
this
ordinance
of
their
predecessors
.
For
Petrus
Rebuffus
sayth
,
That
in
those
Appropriations
which
passe
immediatly
from
the
See
of
Rome
,
this
clause
or
the
like
is
alwayes
added
in
the
end
.
Reseruata
tamen
And
againe
.
Reseruantes
tamen
de
ipsis
Also
in
all
Confirmations
granted
from
that
See
,
of
Appropriations
made
by
inferiour
Bishops
,
the
same
clause
or
the
like
in
effect
was
euer
vsed
,
so
saith
Speculator
.
In
confirmatione
de
Ecclesiis
in
proprios
vsus
retinendis
ponitur
haec
clausula
.
By
which
clauses
of
Reseruation
,
it
is
manifest
,
That
the
Popes
meaning
was
to
haue
the
Vicar
first
prouided
for
,
and
to
giue
the
surplusage
onely
to
the
Monkes
,
as
the
same
Rebuffus
sayth
.
And
Panormitan
also
affirmeth
,
That
And
in
the
end
thereof
.
Haec
autem
omnia
&
singula
statuimus
,
&
finaliter
definimus
saluâ
nobis
&
successoribus
nostris
liberâ
facultate
praemissa
.
Likewise
I
haue
seene
another
of
the
Rectorie
of
Shapwick
in
the
Countie
of
Dorset
made
by
the
Bishop
of
Sarum
to
the
Kings
Chappel
in
Winburne
Minster
of
the
same
Countie
,
with
this
clause
.
Reseruantes
tamen
nobis
&
successoribus
nostris
liberam
potestatem
portiones
dictae
Vicariae
quoties
necessarium
,
vel
opportunum
esse
videbitur
diminuendi
,
&
si
oportuerit
,
augmentandi
,
supplendi
,
immutandi
,
&c.
Also
of
the
Rectory
of
Collshill
in
the
County
of
Berks
with
this
clause
.
Reseruata
prius
de
dictis
fructibus
&
prouentibus
ad
arbitrium
nostrum
vel
successorum
nostrorum
pro
perpetuo
Vicario
ibidem
Domino
seruituro
,
congruâ
portione
,
ex
qua
idem
vicarius
commodé
valeat
sustentari
,
iura
Episcopalia
soluere
,
&
alia
incumbentia
onera
supportare
.
And
for
Ireland
,
I
haue
seene
a
Grant
made
by
the
Bishop
of
Kildare
of
the
Rectory
of
Cloncurry
and
sundry
other
Churches
of
the
same
Diocesse
,
to
the
Abbey
of
Saint
Thomas
neere
Dublin
,
by
way
of
Appropriation
,
in
the
end
whereof
I
finde
alwaies
this
clause
added
,
Saluâ
sustentatione
Vicariorum
eisdem
Ecclesiis
deseruientium
.
And
without
this
or
the
like
clause
of
sauing
and
reseruing
to
the
Vicar
,
haue
I
not
seene
any
vnion
or
appropriation
made
in
either
Kingdome
.
And
to
shew
yet
further
,
that
our
Bishops
haue
not
onely
in
words
reserued
to
themselues
this
power
,
but
also
in
deed
executed
the
same
vpon
occasion
,
and
that
without
any
former
reseruation
,
and
onely
in
pure
right
of
Law
,
I
shall
desire
credit
in
reporting
what
I
haue
seene
in
an
old
liger
booke
belonging
And
as
this
right
of
ordaining
Vicars
in
appropriated
Churches
,
and
taxing
their
allowances
out
of
the
Fruits
,
is
bodily
setled
in
the
Bishop
,
so
the
right
of
claiming
and
receiuing
the
same
is
so
deepely
rooted
in
the
person
of
the
Vicar
,
that
nothing
but
iniustice
and
sacriledge
can
take
it
from
him
.
For
howsoeuer
this
falleth
out
otherwise
in
practise
(
such
was
the
corruption
of
former
times
,
such
is
of
ours
)
yet
in
law
,
this
is
an
infallible
,
and
vnmooueable
foundation
,
That
notwithstanding
all
grants
,
duties
,
rights
,
priuiledges
,
or
other
deuises
whatsoeuer
,
yet
the
Church
is
still
to
bee
kept
in
statu
quo
prius
.
And
therefore
Clement
the
third
giueth
this
as
a
reason
of
his
Decree
aboue
mentioned
.
Nolentes
autem
Episcopus
nunquam
debet
consentire
And
to
make
this
cleere
by
particular
cases
in
the
Law
:
Commendams
(
which
,
though
not
vtterly
and
in
all
cases
to
be
condemned
,
yet
Rebuffus
,
seeing
the
great
excesse
and
abuse
of
them
in
the
place
where
he
liued
,
calleth
Pernitiem
&
exitium
totius
Reipublicae
The
like
to
be
vnderstood
,
&
much
rather
of
the
Vicar
,
in
case
a
single
Benefice
were
so
granted
.
For
in
his
case
(
as
Panormitan
reporteth
)
though
no
Et
pro
modo
facultatum
Ecclesiae
(
as
Ludouicus
Ludouic
.
Rom●…
.
Consil.
369.
Romanus
saith
.
)
And
Hostiensis
affirmeth
,
that
in
this
case
the
visitor
must
beare
his
owne
charges
:
Est
enim
(
saith
he
)
de
mente
&
verbis
iuris
,
quod
Ecclesia
vltra
posse
non
grauetur
(
as
Panormitan
alleadgeth
him
.
)
And
albeit
they
both
spake
in
case
,
where
more
Visitors
fall
vpon
the
Diocesse
in
the
same
yeere
;
and
all
looke
for
Procurations
:
yet
Petrus
Anchoranus
saith
,
that
it
is
the
same
,
Si
vel
vnus
procurandus
fuerit
:
Ideò
enim
(
saith
the
same
Author
)
bona
dignitatis
suae
Episcopo
sunt
attributa
.
Moreouer
a
Patron
which
foundeth
and
endoweth
a
Church
may
reserue
vnto
himselfe
a
yeerely
Pension
Rebuff
de
pa●●●
.
●●ssess
.
nu.
●28
.
Church
fall
out
to
be
so
short
that
they
cannot
conueniently
and
competently
maintaine
the
Incumbent
,
the
Patron
must
in
this
case
forbeare
his
right
,
not
as
if
it
were
now
taken
from
him
,
but
as
if
it
had
bin
tacita
conditio
,
and
so
to
be
vnderstood
from
the
beginning
.
And
therefore
Panormitan
saith
,
That
that
power
of
reseruing
a
pension
vpon
the
Endowment
of
a
Benefice
must
be
vnderstood
,
Quando
fructus
sunt
abundantes
,
&
sufficientes
Clerico
.
The
like
is
to
bee
said
,
If
a
Bishop
should
reserue
a
pension
out
of
a
fatte
Vid.
Rebuff
.
Tracta
de
pacif
.
possesso
nu.
134.
&
nu.
141
:
&
wealthie
Benefice
to
the
vse
of
a
Student
or
other
Clerke
.
(
a
custome
much
vsed
heretofore
in
England
,
but
taken
away
afterwards
by
Act
of
Parliament
)
For
if
either
by
errour
at
the
first
the
pension
was
so
great
,
or
afterwards
the
remainder
grew
to
be
so
little
,
that
the
Incumbent
was
not
able
to
maintaine
himselfe
of
that
which
did
remaine
,
the
Ludouic
.
Ro●●●
consil.
369.
pension
was
either
to
bee
abated
,
or
taken
cleane
away
,
to
the
end
the
Incumbent
might
be
still
prouided
for
.
And
lastly
,
to
instance
in
a
case
or
two
concerning
these
very
Monkes
of
whom
wee
speake
,
The
Pope
was
wont
heretofore
to
grant
large
Priuiledges
to
Monkes
and
Monasteries
concerning
non-paiment
of
Tithes
:
so
long
as
they
benefited
themselues
,
without
enormous
hurt
vnto
the
Churches
,
it
was
tolerated
:
But
if
they
either
begged
,
or
bought
the
whole
or
greatest
part
of
the
Parish
,
and
so
their
priuiledge
De
non
decimando
,
grew
ouer
hurtfull
to
the
Parson
,
the
Monkes
were
forced
to
growe
of
themselues
to
a
new
composition
with
the
Incumbent
,
and
to
disclaime
the
rigour
of
their
Priuiledge
,
Reuocatur
enim
priuilegium
,
fi
ex
Neither
were
the
Popes
lesse
prodigall
in
granting
them
priuiledges
,
De
percipiendis
Decimis
,
whereby
they
were
authorised
to
receiue
the
Tithes
of
Parishes
vnto
themselues
without
any
appropriation
or
vnion
of
the
Churches
:
yet
in
this
case
also
Alexander
the
fourth
published
a
Decree
of
all
such
priuiledges
in
this
manner
.
Vbi
autem
per
huiusmodi
Concessiones
decimarum
,
parochiales
Ecclesias
adeò
grauari
contingit
,
quod
earum
Rectores
de
ipsarum
Reditibus
congruè
sustentari
,
&
commode
iura
Episcopalia
exhibere
non
possint
;
prouideatur
per
Locorum
Ordinarios
,
&
ordinetur
taliter
,
quod
ijsdem
Rectoribus
tantum
de
illarum
relinquatur
prouentibus
,
quod
exinde
competentem
sustentationem
habeant
,
&
Episcopalia
iur
a
soluere
valeant
,
aliaque
onera
debitè
supportare
.
If
then
the
Law
be
so
carefull
of
the
Curate
and
actuall
Incumbent
,
or
dayly
Minister
of
the
Church
,
as
to
reuoke
Priuiledges
,
to
take
away
Pensions
,
to
debarre
the
Patron
of
his
right
and
to
lessen
the
profits
of
Commendataries
,
rather
then
hee
shall
want
;
much
more
then
may
it
be
thought
,
that
it
will
not
suffer
the
Monke
,
who
was
neuer
compared
to
better
then
a
Drone
,
by
vertue
of
an
Appropriation
,
to
eat
vp
the
sweet
of
the
Bee
,
that
is
,
the
necessary
maintenance
of
the
labouring
Priest
and
Minister
of
the
Gospell
.
And
if
the
reuerend
Bishops
,
which
are
de
iure
diuino
,
suffer
their
owne
hands
to
bee
tied
,
in
receiuing
their
dueties
from
the
Curate
,
where
it
cannot
well
be
spared
,
much
more
ought
the
Monke
,
who
was
neuer
a
man
of
Gods
making
,
but
a
meere
creature
of
the
Pope
,
who
also
may
vnmake
them
all
againe
at
his
pleasure
,
(
as
Felinus
saith
)
bee
forced
to
make
him
a
more
liberall
allowance
out
of
that
,
which
of
right
wholy
belongeth
to
him
,
for
his
dayly
seruice
in
the
Church
.
For
in
this
and
all
other
cases
of
this
sort
,
where
the
profits
of
the
Curate
are
impaired
,
and
diuerted
anoth●r
way
,
the
Rule
prescribed
in
the
9.
Councill
of
Toledo
is
to
bee
obserued
,
namely
,
Vt
Con●il
.
Tolet
9.
c.
5.
2.
q
2
c.
Bona
Re●
consultum
.
haec
temperamenti
aequitas
obseruetur
,
quod
cui
tribuit
,
competens
subsidium
conferat
,
cui
to●…ic
,
grauia
damna
non
infligat
.
Neither
shall
it
bee
amisse
,
by
the
way
,
to
let
the
world
know
what
this
Councill
in
those
dayes
thought
to
bee
Competens
subsidium
.
i.
a
competent
reliefe
vnto
the
poore
Monkes
,
and
what
to
be
,
graue
damnum
,
vnto
the
Churches
.
The
words
of
the
Councel
are
these
,
Quisquis
Episcoporum
in
parochiâ
suâ
Monasterium
D.
C.
5.
Concil.
tolet
.
construere
forte
voluerit
,
&
hoc
ex
rebus
Ecclesiae
,
cui
praefidet
ditare
decreuerit
,
non
amplius
quam
quinquage
simam
partem
dare
debebit
,
vt
haec
temperamenti
,
&c.
vt
supra
.
In
those
daies
a
pension
of
the
fiftieth
part
vnto
the
Monkes
was
thought
a
burthen
heauy
enough
to
bee
laid
vpon
the
Churches
,
whereas
now
adaies
,
and
since
those
appropriations
came
vp
,
scantly
is
the
fifteenth
part
left
for
the
Ministers
of
the
Churches
;
so
farre
are
wee
gone
from
the
temper
by
them
prescribed
;
which
temper
had
it
beene
obserued
heretofore
in
this
Realme
of
Ireland
,
neither
should
there
haue
beene
so
many
Abbeis
here
erected
with
the
ruine
of
the
Churches
,
nor
should
the
Monks
haue
spent
that
in
luxurie
which
should
haue
serued
for
the
necessity
of
the
Preacher
.
But
euery
Church
should
haue
beene
prouided
,
if
not
of
a
rich
,
yet
of
a
conuenient
maintenance
,
and
consequently
,
if
not
of
an
excellent
,
yet
of
a
reasonably
learned
Minister
.
And
to
go
forward
with
the
course
of
the
Ecclesiasticall
Law
in
this
point
,
as
it
was
in
force
at
the
time
of
the
dissolution
,
and
to
shew
how
carefull
the
Popes
and
Prelates
of
those
daies
were
,
to
mend
a
fault
which
themselues
had
made
,
and
to
daube
vp
that
gaping
and
irreparable
breach
which
they
had
made
vpon
the
Church
,
in
appropriating
her
liuing
and
reuenues
to
the
Monkes
,
by
prouiding
a
perpetuall
competencie
for
the
Vicar
,
It
is
further
to
be
noted
,
that
if
this
allowance
,
were
once
made
,
and
yet
afterwards
came
to
bee
impaired
,
and
lesse
then
enough
,
it
was
still
made
good
againe
vnto
him
out
of
the
Appropriation
.
As
for
example
,
If
the
Vicars
part
consisted
in
a
certaine
kind
,
as
in
haie
;
and
the
owner
should
afterwards
conuert
the
ground
to
tillage
:
If
it
were
to
arise
out
of
certaine
mens
lands
,
and
they
should
afterwards
plead
and
prooue
a
priuiledge
de
non
decimando
:
If
by
warre
or
any
other
occasion
it
came
to
bee
extinct
:
For
in
all
these
cases
,
the
Vicar
is
to
sue
to
the
Ordinarie
for
a
new
allowance
,
and
he
is
to
make
it
out
of
the
remainder
of
the
fruits
in
the
Abbats
hand
,
so
saith
Felinus
,
Bonis
deperditis
Whence
it
is
also
that
Panormitan
,
Felinus
,
and
other
Canonists
,
deliuer
this
for
a
ruled
case
in
law
,
That
if
any
shall
implead
the
Vicar
for
any
part
of
his
portion
,
the
Proprietary
or
Rector
,
may
also
come
in
for
his
interest
,
by
way
of
assistance
vnto
the
Vicar
,
Ratione
And
I
shewed
before
,
that
our
Bishops
in
England
and
Ireland
,
were
wont
to
reserue
vnto
themselues
a
power
of
encreasing
or
altering
the
Vicars
portion
at
their
owne
discretion
.
Neither
was
it
materiall
whether
this
competencie
beeing
prouided
for
the
Vicar
,
there
were
ought
or
nought
remaining
to
the
Proprietary
or
Monke
:
for
if
the
whole
tithes
would
serue
but
for
the
Vicar
,
the
Monke
was
to
goe
without
:
for
from
the
beginning
the
tithes
belonged
to
the
Church
,
whose
immediate
Pastor
the
Vicar
is
;
neither
were
they
giuen
but
for
the
daylie
office
in
the
Church
,
which
office
the
Vicar
doth
:
and
if
nothing
bee
left
vnto
the
Proprietary
,
yet
are
his
wages
answerable
to
his
paines
.
And
as
one
saith
,
Vicarius
agit
de
damno
vitando
,
Monasterium
verò
de
lucro
captando
;
ideò
praefertur
Ecclesia
vicarij
,
monasterio
.
And
reason
good
;
for
the
Vicaris
the
labouring
oxe
which
treadeth
out
the
corne
,
whose
mouth
must
not
be
musled
,
as
saith
the
law
of
God
.
And
for
the
further
cleering
of
this
whole
point
,
it
is
to
be
obserued
,
that
whatsoeuer
hath
hitherto
beene
spoken
concerning
the
Vicar
,
it
is
to
be
vnderstood
not
of
a
Temporarie
,
but
of
a
perpetuall
Vicar
,
which
is
a
person
founded
in
law
,
without
a
new
Act
of
Parliament
:
and
is
in
the
Canon
Law
,
and
by
the
Canonists
called
Parochialis
Presbyter
,
Parochialis
Ecclesiae
Sacerdos
,
Rector
Ecclesiae
,
Perpetuus
Ecclesiae
Presbyter
,
vel
vicarius
,
not
to
be
appointed
by
the
Abbat
,
and
licenced
by
the
Bishop
to
say
seruice
;
but
to
be
presented
by
the
Patron
,
what
euer
he
be
,
and
to
receiue
Canonicall
Institution
at
the
hands
of
the
Ordinarie
of
the
place
.
And
as
the
Bishop
is
not
onely
authorised
,
but
also
commanded
,
and
sub
obtestatione
diuini
Iudicij
by
the
Law
required
,
not
to
admit
of
a
Presentee
,
vnlesse
the
Presentor
shall
first
assigne
and
lay
foorth
a
legall
portion
of
the
profits
for
his
maintenance
,
and
may
ex
officio
proceed
so
often
as
the
cause
shall
so
require
.
So
also
hath
the
Vicar
his
action
to
implead
the
Parson
,
if
either
it
was
not
assigned
from
the
beginning
,
or
if
it
fall
out
afterwards
to
be
insufficient
,
and
the
Patron
refuse
to
supplie
,
and
to
make
it
good
againe
vnto
him
.
And
therefore
Hostienfis
,
the
question
being
put
,
Quod
ius
habeat
Vicarius
in
Ecclesia
?
among
Action
vpon
the
Statute
;
and
is
then
brought
,
when
a
man
is
priuately
interessed
in
the
breach
of
a
Canon
,
and
yet
hath
no
speciall
Action
giuen
him
thereby
.
And
this
Action
lieth
,
Whether
the
Patron
or
other
Receiuer
of
the
Tithes
,
be
exempt
or
not
exempt
,
Religious
or
Secular
,
Monke
or
Canon
,
Clerke
or
Laike
:
For
in
this
case
there
is
no
exception
:
but
whosoeuer
receiueth
the
profits
is
liable
to
the
Action
.
And
therefore
I
will
say
as
a
learned
Canonist
hath
said
before
me
,
Cum
in
hoc
casu
neminem
Inueniam
priuilegiatum
,
illi
dare
priuilegium
non
est
mihi
liberum
.
Et
ideò
omnes
tenentur
ad
hanc
Portionem
qui
decimas
&
Beneficij
fructus
recipiunt
.
And
this
Action
is
to
be
brought
before
the
Bishop
or
Ordinarie
of
the
place
,
as
one
which
standeth
principally
charged
with
this
dutie
.
Notwithstanding
in
France
their
high
Sedentarie
Courts
of
Parliament
,
though
temporall
,
yet
vse
to
lend
a
helping
hand
vnto
the
Vicar
in
this
case
,
and
are
often
sued
vnto
.
The
reason
is
,
because
the
Bishops
stand
asmuch
in
feare
in
those
places
of
offending
those
mighty
Societies
,
as
ours
doe
of
Prohibition
and
Praemunire
.
And
therefore
Iohannes
Andraeas
saith
merily
Cum
sint
cornuti
non
audent
cornibus
vti
.
Meaning
,
that
they
dare
not
vse
that
power
which
the
Law
giueth
them
in
this
case
:
yet
the
Ecclesiasticall
Iudges
vse
to
repine
at
this
vsurpation
of
the
Parliaments
:
And
the
Popes
as
well
to
supplie
the
negligence
of
the
Bishops
,
as
to
giue
the
Parliament
no
occasion
to
trespasse
vpon
their
Iurisdiction
,
vse
to
giue
in
charge
to
those
which
are
called
Conseruatores
Apostolici
,
in
speciall
to
take
knowledge
of
the
Vicars
portion
.
To
these
their
Vicars
,
if
either
their
allowance
be
in
it selfe
too
small
,
or
ouerburthened
with
Pensions
,
and
other
payments
,
vse
to
resort
,
and
by
them
haue
they
remedie
against
the
Monkes
and
others
.
And
for
poofe
heereof
Petrus
Rebuffus
saith
,
That
himselfe
hath
beene
often
called
to
counsell
in
the
assignation
of
these
portions
for
the
Vicar
:
which
could
not
be
,
vnlesse
the
case
were
cleere
,
and
void
of
al
doubt
in
law
:
for
vpon
the
least
doubt
or
demurrer
in
law
that
could
arise
,
the
Conseruators
hands
were
closed
,
and
they
forbidden
to
proceed
,
as
men
appointed
for
redresse
onely
of
such
apparant
iniuries
as
these
were
.
Happy
Vicars
,
where
so
many
men
of
greatest
place
striue
together
,
who
shall
bee
most
forward
to
do
them
right
.
There
is
also
with
vs
some
contention
about
them
and
their
liuings
,
but
it
is
not
who
shall
do
them
good
.
But
what
doe
I
stand
,
either
to
maintaine
the
right
,
or
to
lament
the
wrong
of
our
poore
Vicars
,
or
to
declare
the
Iurisdiction
of
the
Ordinarie
in
these
cases
by
proofes
and
arguments
taken
out
of
the
Canon
lawe
,
seeing
that
nothing
hath
hitherto
been
said
which
hath
not
been
long
since
acknowledged
,
approoued
,
and
confirmed
by
the
Common
Law
of
these
Kingdomes
?
To
let
passe
many
others
,
and
to
instance
in
one
for
all
.
There
is
a
Case
reported
Term.
Michael
.
An.
2.
H.
4.
fol.
10.
Termino
Michael
.
in
2
H
4.
fol
10.
Cas.
44.
Cas.
44.
which
seemeth
a
Briefe
of
all
that
hitherto
hath
been
sayd
,
and
is
as
followeth
.
The
Abbey
of
Saltash
in
the
County
of
Deuon
.
was
appropriated
to
the
Colledge
of
Wind
or
.
And
vpon
the
Appropriation
the
Vicar
that
then
was
,
endowed
with
certaine
Houses
for
his
entertainment
,
to
the
valew
of
twenty
pounds
per
ann.
by
the
Ordinary
,
and
by
all
those
which
had
interest
therein
.
And
moreouer
tooke
an
Oath
,
and
was
also
bound
in
a
great
summe
of
money
before
the
Collector
of
the
Pope
in
England
with
the
assent
of
the
Ordinarie
,
to
bee
paid
into
the
Chamber
of
the
Pope
,
vpon
condition
that
hee
should
hold
himselfe
content
with
the
sayd
Endowment
,
and
should
neuer
will
the
contrary
:
neither
should
procure
any
thing
,
or
doe
any
thing
against
the
said
endowment
,
or
to
the
disanulling
thereof
:
nor
should
euer
claime
any
more
to
belong
to
his
Vicarage
,
but
should
hold
himselfe
to
the
paiment
of
the
sayd
Endowment
.
And
if
hee
failed
in
the
said
Conditions
,
or
in
any
one
of
them
,
that
then
hee
should
incurre
the
paine
of
the
said
summe
to
the
Chamber
of
the
Pope
.
Afterwards
came
the
Deane
of
the
sayd
Colledge
into
the
Kings
Chancerie
,
and
declared
this
matter
,
and
further
auerred
,
That
the
sayd
Vicar
had
claimed
another
Endowment
,
contrarie
to
the
Endowment
made
by
the
Ordinary
of
the
place
,
and
contrary
to
his
Oath
.
And
that
the
Vicar
vpon
suggestion
made
,
That
the
Pleas
of
Couenant
and
Debts
arising
of
Contracts
within
the
Realme
belonged
to
the
Kings
Court
,
had
purchased
a
Prohibition
directed
to
the
Collectour
.
And
hereupon
aswell
the
Collector
as
the
Deane
prayed
a
Consultation
.
Here
wee
see
,
first
,
that
not
onely
the
Reseruation
of
a
Vicarage
vpon
an
Appropriation
,
but
also
the
Endowment
thereof
belongeth
to
the
Ordinarie
of
the
place
.
Secondly
,
that
the
Vicar
bringeth
his
action
against
the
Deane
,
which
was
the
proprietary
of
the
Tithes
,
by
vertue
of
the
Impropriation
.
Thirdly
,
that
hee
brought
this
Action
for
a
second
Taxation
;
as
either
pretending
the
first
to
haue
been
too
little
from
the
beginning
;
or
shewing
that
it
had
been
abated
or
diminished
afterward
;
whether
by
chance
of
fire
,
or
falling
of
Rents
,
or
lacke
of
Tenants
,
or
by
some
other
accident
:
And
lastly
,
That
this
Action
was
brought
before
the
Ordinarie
of
the
place
:
For
whereupon
was
the
Consultation
prayed
,
but
vpon
a
Prohibition
granted
out
of
the
Kings
Court
?
wherupon
was
the
Prohibition
granted
but
vpon
the
Deanes
action
,
brought
before
the
Collector
of
the
Pope
?
And
whereupon
should
the
Vicar
be
sued
vpon
breach
of
Oath
and
Bond
before
the
Collector
,
but
vpon
his
claime
of
a
new
Taxation
before
him
which
made
the
old
i
before
the
Bishop
.
Neither
can
it
bee
said
that
this
is
a
Case
,
and
not
a
Iudgement
,
and
therefore
prooueth
nothing
.
For
the
Case
being
so
put
,
there
was
no
exception
taken
;
neither
against
the
Vicar
,
that
hee
had
not
,
personam
standi
in
iudicio
,
neither
yet
against
the
Bishop
,
that
he
had
not
iurisdiction
in
these
cases
,
(
for
these
exceptions
had
been
peremptory
if
they
had
been
true
)
neither
yet
that
the
Endowment
once
made
,
it
ought
not
afterward
to
bee
increased
in
fauour
of
the
Vicar
.
Onely
the
Deane
granting
all
this
,
sued
the
poore
Vicar
before
the
Collector
for
breach
of
Oath
,
and
forfeiture
of
his
Bond
:
For
this
was
euer
the
policie
of
that
kind
of
men
,
to
secure
themselues
both
from
the
poore
Vicars
lawful
claim
,
&
from
the
ordinary
Iurisdiction
of
the
Bishop
,
by
some
collaterall
and
indirect
securitie
.
As
for
example
,
in
a
Case
before
mentioned
betweene
the
Bishop
of
Meath
and
the
Abbat
of
S.
Thomas
.
The
Abbat
got
the
Bishop
to
bee
bound
in
a
Bond
of
a
thousand
pounds
,
neuer
after
that
to
trouble
the
Monkes
with
a
new
Taxation
.
And
here
wee
see
the
Vicar
tyed
,
not
onely
in
a
Bond
of
a
great
summe
,
but
also
by
a
solemne
Oath
,
neuer
afterwards
to
claime
a
new
Endowment
:
which
needed
not
,
had
not
the
Lawes
of
the
Land
agreed
with
the
Lawes
of
the
Church
in
fauour
of
the
distressed
Vicar
.
But
the
Deuill
,
I
thinke
,
was
in
those
men
,
onely
to
ruine
the
Church
and
Christian
Religion
by
them
.
But
to
make
these
points
yet
more
apparant
according
to
the
course
of
the
Common
Law
.
It
may
not
be
forgotten
,
That
anciently
in
these
Kingdoms
,
the
Vicars
right
was
much
challenged
in
the
Kings
Courts
for
bringing
Actions
in
his
owne
name
,
especially
against
the
Parson
But
the
Parliament
(
as
it
seemeth
)
being
informed
of
this
mischiefe
,
and
seeing
the
misery
which
the
Vicars
fell
into
hereby
,
prouided
for
them
by
a
Statute
Anno
14.
Edw.
3.
cap.
17.
wherein
it
is
ordained
,
That
Vicars
Term.
Trinitat
.
cas.
15.
fol.
28.
Fincheden
said
,
That
it
was
true
,
that
in
ancient
times
the
opinion
was
,
That
the
Vicar
should
not
haue
action
against
the
Parson
:
but
,
I
finde
(
saith
hee
)
that
this
is
changed
for
the
better
:
which
(
as
Brooke
saith
)
Nemo
dedixit
:
i.
no
man
gainsaid
.
Wee
haue
these
lands
assigned
to
the
Vicar
by
the
assent
of
the
Ordinarie
:
And
you
will
grant
that
the
Ordinarie
may
encrease
or
diminish
his
portion
,
hauing
regard
vnto
the
charge
which
belongeth
vnto
him
:
which
Fincheden
there
granteth
to
be
true
,
in
case
the
Vicars
estate
become
weake
and
feeble
:
And
we
desire
no
more
.
And
in
this
case
,
although
the
Parson
or
Proprietarie
be
saide
to
be
interessed
;
yet
is
all
the
power
and
right
of
assigning
the
Endowment
in
the
Bishops
hand
.
For
(
as
Belknapp
there
saith
)
The
Ordinarie
shall
endow
,
and
the
Parson
shall
doe
nothing
but
consent
,
because
the
thing
it selfe
is
meerely
spirituall
.
In
which
case
,
if
the
Parson
will
not
consent
,
yet
the
Bishop
goeth
on
without
him
.
And
if
(
perchance
)
he
shall
exceede
in
his
taxe
,
the
Proprietarie
is
left
to
his
Appeale
,
ab
excessiua
taxatione
,
by
the
course
of
the
Canon
Law
,
as
Rebuffus
saith
:
But
other
remedie
he
hath
none
,
no
not
at
the
Common
Law
,
as
Belknapp
there
affirmeth
.
And
it
is
further
to
bee
remembred
,
that
this
power
of
assigning
the
Vicars
portion
,
euen
out
of
the
lands
and
principall
possessions
of
the
Abbat
,
as
Parson
of
the
place
,
was
euer
helde
so
proper
to
the
Bishop
,
that
he
might
doe
it
sans
Congé
,
sans
licence
du
Roy
:
i.
without
the
leaue
or
licence
of
the
King
,
as
is
there
affirmed
:
And
therefore
shall
not
now
need
a
new
Acte
of
Parliament
for
his
warrant
,
but
onely
the
hand
of
iustice
,
for
his
assistance
in
the
execution
of
his
right
.
It
should
seeme
,
that
about
the
times
of
Edw.
the
3.
Rich.
the
2.
and
Hen.
the
4.
which
was
an
age
of
horrible
confusion
,
by
reason
of
those
bloudie
warres
wherein
the
Crowne
of
England
was
then
entangled
both
at
home
and
abroad
;
the
greater
fish
of
the
Clergie
went
about
to
eat
vp
the
lesser
.
My
reason
is
,
because
in
those
dayes
there
were
so
many
solemne
lawes
made
to
maintaine
the
one
in
his
right
,
and
to
represse
the
iniury
of
the
other
.
For
ill
customes
commonly
giue
occasion
to
make
good
lawes
.
In
the
time
of
Edward
the
3.
(
as
hath
been
formerly
said
)
there
was
a
Statute
made
,
to
enable
the
Vicar
to
bring
his
Action
against
the
Abbat
,
who
detained
the
Glebe
or
other
duties
from
him
.
In
the
time
of
Richard
the
2.
anno
15.
a
Statute
was
Stat.
●●n
.
15.
Richar.
2.
made
,
That
in
euery
Licence
from
thenceforth
to
be
made
out
of
Chancerie
of
the
Appropriations
of
any
Parish
Church
it
should
expressely
be
contained
and
comprised
,
That
the
Diocesan
of
the
place
,
vpon
the
Appropriation
of
such
Churches
,
should
ordaine
,
according
to
the
valuation
of
such
Churches
,
a
conuenient
summe
of
money
to
be
payd
and
distributed
yeerely
out
of
the
Fruits
and
profits
of
the
same
Churches
,
by
those
which
haue
them
in
proper
vse
,
and
by
their
successors
,
to
the
poore
Parochians
of
the
said
Churches
,
in
aide
of
their
sustenance
and
liuing
for
euer
.
And
also
that
the
Vicar
should
be
well
and
sufficiently
endowed
.
cap.
6.
Also
by
a
Statute
of
4.
Hen.
4.
Here
we
see
first
,
That
although
the
Parliament
was
carefull
to
haue
the
Vicar
prouided
for
;
yet
it
left
the
disposition
of
these
things
vnto
the
Bishop
of
the
Diocesse
.
Secondly
,
in
case
the
Bishop
was
defectiue
in
his
first
Assignation
of
the
Vicars
portion
,
hee
was
enioyned
to
reforme
it
,
and
make
it
better
by
a
time
prefixed
;
otherwise
his
acte
of
Appropriation
to
be
void
.
That
the
measure
of
the
Endowment
was
to
be
conuenably
,
sufficiently
,
and
well
endowed
.
That
there
was
no
other
Rule
of
this
measure
,
but
the
discretion
of
the
Bishop
,
for
the
vses
mentioned
in
the
Law
.
That
this
Vicar
must
be
secular
,
perpetuall
,
canonically
instituted
and
inducted
,
all
suitable
to
that
which
hath
beene
formerly
declared
out
of
the
Canon
Law
.
The
fruit
of
all
which
Statutes
is
,
That
throughout
the
Church
of
England
a
man
shall
scarce
finde
an
Impropriation
without
a
Vicarage
,
or
a
Vicar
without
a
reasonable
good
allowance
.
And
lastly
we
finde
,
That
besides
this
reasonable
and
sufficient
allowance
due
vnto
the
Vicar
,
the
Statute
most
wisely
and
charitably
prouideth
that
the
Ordinarie
shall
ordaine
a
conuenient
proportion
of
money
,
to
be
distributed
yeerely
among
the
poore
of
the
Parish
,
meaning
(
as
it
seemeth
)
that
euery
bird
taking
his
owne
feather
,
and
euery
man
his
due
,
the
Abbat
should
be
reduced
to
that
small
pension
which
was
onely
due
vnto
him
at
the
beginning
by
the
law
of
Impropriations
.
THus
haue
I
as
plainly
as
I
could
,
and
as
briefly
as
the
matter
would
permit
,
shewed
,
That
out
of
euery
Benefice
appropriate
,
there
was
euer
a
competent
portion
certaine
,
or
vncertaine
,
by
the
Canon
law
due
,
and
by
the
practise
of
all
times
and
places
,
especially
of
England
and
Ireland
,
reserued
to
the
Vicar
,
for
his
daily
seruice
in
the
Church
.
Also
that
the
Bishop
in
his
owne
Diocesse
,
hath
authoritie
to
require
the
Proprietarie
to
make
this
allowance
before
hee
admit
of
his
Presentee
:
or
vpon
his
refusall
or
delay
,
to
present
in
his
owne
right
,
as
in
other
cases
of
Lapse
and
Deuolution
:
and
out
of
the
whole
profits
to
make
a
competent
and
sufficient
allowance
for
the
Vicar
,
and
to
compell
the
Proprietary
to
performance
thereof
by
excommunication
.
And
lastly
that
both
the
right
of
the
Vicar
,
and
the
power
of
the
Bishop
in
these
cases
haue
euer
been
warranted
by
the
Lawes
and
Statutes
of
the
Kingdome
.
If
then
this
was
law
heretofore
,
it
is
law
still
,
vnlesse
it
be
either
expressely
reuoked
,
or
tacitely
disanulled
since
the
time
of
the
dissolution
.
And
this
is
the
point
which
commeth
next
to
be
discussed
.
And
truely
for
mine
owne
part
,
I
must
confesse
,
that
I
could
neuer
yet
learne
of
any
Statute
made
since
the
dissolution
in
either
Kingdome
,
which
either
tacitely
or
expressely
doth
wholly
abrogate
,
or
in
part
derogate
from
the
Canon
lawes
,
and
the
laudable
Customes
and
ancient
Statutes
of
these
Kingdomes
in
this
point
.
And
pitie
were
it
,
That
the
Lawes
of
the
Kingdome
,
hauing
left
vnto
the
Church
,
especially
to
this
of
Ireland
,
this
onely
boord
,
whereby
to
saue
it selfe
from
the
miserable
wrecke
which
it
suffered
by
the
ouerflowing
Deluge
and
Inundation
of
Vnions
and
Impropriations
in
time
of
Poperie
,
the
Parliament
should
be
thought
guiltie
of
so
great
a
sinne
,
as
to
robbe
her
of
this
poore
meanes
,
to
saue
her selfe
withall
.
Rather
it
might
be
hoped
,
that
being
put
in
mind
thereof
,
and
if
neede
should
so
require
,
they
would
more
plainely
expound
their
meaning
,
and
in
such
sort
,
as
might
best
stand
with
the
glory
of
GOD
,
the
good
of
the
holy
Church
,
the
honour
of
so
high
a
Court
,
and
with
the
wisedome
of
euery
particular
member
thereof
.
But
my
purpose
is
not
at
this
time
,
to
perswade
a
Parlament
to
make
a
Law
;
but
to
prooue
vnto
the
world
,
That
the
Law
is
of
force
alreadie
,
and
wanteth
nothing
but
a
fit
and
a
willing
hand
to
put
it
in
execution
.
In
pursuit
of
which
point
,
I
list
not
frame
vnto
my selfe
an
aduerse
partie
:
Rather
I
wish
,
that
the
iustice
of
the
cause
may
neuer
finde
an
enemie
;
Neither
will
I
be
curious
in
forging
Arguments
against
mine
owne
opinion
,
for
that
were
but
like
tilting
at
a
Sarazens
head
.
Onely
I
will
shew
,
that
all
those
Statutes
which
most
properly
concerne
this
matter
,
make
nothing
against
,
but
altogether
for
the
Vicars
maintenance
,
in
such
sort
as
hath
beene
before
declared
;
wishing
and
hoping
also
,
That
some
religious
Professour
of
the
Common
Law
,
may
hereafter
vpon
these
poore
grounds
of
mine
,
goe
on
,
and
maintaine
this
cause
of
GOD
and
of
his
Church
,
with
more
strength
of
witt
,
and
force
of
Arguments
,
then
I
am
able
to
doe
,
in
a
point
which
doeth
not
so
properly
belong
vnto
mine
owne
profession
.
The
Statutes
therefore
that
principally
in
England
.
28.
&
32.
H.
8.
in
Ireland
.
concerne
this
matter
,
are
those
of
27.
and
31.
Henry
8.
and
1.
Edward
6.
in
England
,
and
those
of
28.
and
32.
of
Henry
8.
heere
in
Ireland
to
the
same
effect
.
All
made
for
the
dissoluing
,
suppressing
,
surrendring
,
and
taking
into
the
Kings
hands
the
Monasteries
,
Free-Chappels
,
and
other
religious
houses
in
both
these
Kingdomes
.
In
these
Statutes
it
is
intended
,
that
the
King
shall
haue
and
hold
the
said
Monasteries
with
their
Parsonages
appropriate
,
and
other
lands
,
in
as
large
and
ample
manner
and
forme
,
as
the
late
Abbat
or
Prior
held
them
,
at
the
time
of
the
dissolution
,
suppression
,
or
other
giuing
vp
of
the
same
:
for
so
say
the
Statutes
.
His
Maiestie
shall
haue
and
enioy
to
him
and
his
heires
for
euer
,
all
and
singular
such
Monasteries
and
tithes
;
and
in
as
large
and
ample
manner
,
as
the
Abbats
now
haue
them
,
in
the
right
of
their
Houses
.
And
in
another
place
of
the
same
Statute
it
is
said
;
That
the
Takers
from
the
King
,
shall
haue
and
hold
all
such
lands
,
&c.
And
shall
haue
all
such
Suites
,
Actions
,
Entries
,
&c.
in
like
manner
,
forme
,
and
condition
,
&c.
And
in
another
passage
;
That
the
King
shall
hold
them
in
the
same
state
and
condition
as
now
they
be
,
&c.
Which
words
of
manner
,
forme
,
state
,
and
condition
,
are
not
to
bee
restrained
,
as
I
conceiue
,
to
the
present
and
actuall
possession
of
the
Abbat
,
at
the
day
of
the
dissolution
:
but
to
the
vniuersall
right
which
he
had
in
the
name
of
his
House
.
And
therefore
wee
finde
it
sometimes
added
in
those
Statutes
;
Or
of
right
ought
to
haue
had
,
held
,
or
occupied
the
same
,
at
the
time
of
the
dissolution
.
For
whether
the
Abbat
had
any
thing
vniustly
detained
from
him
,
the
King
succeeding
in
his
right
,
had
action
to
recouer
it
;
because
the
Abbat
might
,
and
of
right
ought
to
haue
recouered
the
same
:
Or
whether
the
Abbat
owed
any
thing
to
any
man
,
or
wrongfully
detained
from
any
man
,
the
King
or
his
Grantee
,
standing
seised
in
his
right
,
might
bee
impleaded
for
it
,
because
there
was
no
more
passed
to
the
King
,
then
the
Abbat
ought
of
right
to
haue
possessed
.
And
therefore
the
law
chargeth
the
King
with
the
paiment
of
all
the
due
debts
of
the
Abbats
,
or
their
Houses
,
by
the
Statute
27.
Henry
8.
in
England
not
printed
.
Whereas
therefore
it
is
said
,
That
the
King
shall
hold
those
lands
and
Impropriations
,
in
the
same
manner
,
forme
,
and
state
,
as
the
Prior
did
at
the
time
of
the
dissolution
;
I
take
the
meaning
to
be
,
that
hee
shall
enioy
them
by
vertue
of
that
Act
,
with
the
same
limitations
,
priuiledges
,
and
burdens
,
as
the
Prior
did
.
As
for
example
.
The
Templars
held
their
lands
exempt
from
paiment
of
tithes
,
not
simply
,
but
sub
modo
:
scilicet
,
quamdiu
propriis
manibus
excoluntur
:
wherefore
sub
eodem
modo
,
and
in
the
same
forme
and
state
,
the
King
doth
,
and
ought
,
to
hold
those
lands
exempt
from
paiment
of
tithes
vnto
this
day
.
And
that
this
is
so
,
and
that
those
Acts
of
dissolution
did
not
onely
looke
to
the
present
actuall
estate
of
those
lands
,
but
had
an
eye
to
the
whole
right
of
the
Abbats
,
and
to
all
future
possibilities
,
appeareth
plainely
by
a
Case
of
the
11.
of
the
late
Queene
,
reported
by
Dier
.
Elizabeth
.
Dier
.
Where
a
Prior
of
a
late
dissolued
house
of
St.
Iohn
of
Ierusalem
,
had
long
before
the
dissolution
,
made
a
lease
of
the
Mannor
of
D.
for
terme
of
yeeres
vnto
A.
which
A.
beeing
tenant
,
did
pay
tithes
of
the
said
Mannor
,
to
the
Abbey
of
Rochester
.
Vpon
the
dissolution
,
the
King
granted
the
reuersion
of
the
said
Mannor
in
fee
,
vnto
one
Stathome
and
his
heires
.
Afterwards
the
lease
expired
,
and
Stathome
taking
the
land
into
his
owne
hands
,
refused
to
pay
tithes
,
alleaging
,
that
the
Mannor
was
passed
to
him
,
To
haue
and
to
hold
the
same
in
as
ample
manner
as
the
Prior
held
it
,
&c.
And
further
declared
in
Chancery
;
That
the
said
Prior
,
so
long
as
hee
held
it
in
his
owne
hands
,
was
discharged
from
paiment
of
tithes
,
by
a
priuiledge
from
Rome
,
as
all
the
Cistertians
,
Hospitalers
,
and
Templars
were
.
And
vpon
consideration
of
the
Statute
of
27.
Henry
8.
It
was
resolued
by
Catlin
,
Saunders
,
Southcote
,
and
Dier
;
and
vpon
their
opinion
it
was
accordingly
decreed
by
the
Lord
Keeper
that
then
was
,
That
the
said
Stathome
and
his
heires
,
should
hold
the
said
Mannor
,
discharged
from
paiment
of
tithes
,
Tanque
a
ceo
,
quils
ceo
lesseront
&
misseront
a
ferme
;
i.
vntill
such
time
as
they
should
let
it
out
to
farme
:
for
sub
hoc
modo
was
the
priuiledge
granted
to
the
Prior
,
and
sub
eodem
modo
was
the
land
to
bee
held
by
the
King
,
and
from
him
by
Stathome
and
his
heires
.
By
the
same
reason
,
if
at
the
time
of
the
dissolution
,
the
Prior
had
held
it
in
his
owne
hands
,
and
consequently
it
had
come
to
the
King
,
and
from
him
to
Stathome
,
discharged
from
tithes
in
the
beginning
;
yet
if
afterwards
he
had
let
it
out
to
a
Farmer
,
his
Farmer
should
not
at
this
day
bee
discharged
,
because
the
Priors
farmer
was
to
pay
it
,
notwithstanding
the
priuiledge
.
And
Stathome
was
to
hold
it
,
In
such
and
in
like
ample
manner
:
True
,
but
in
no
more
ample
manner
then
the
Prior
did
.
Now
the
Prior
was
to
hold
it
discharged
from
paiment
of
tithes
,
no
longer
then
while
hee
held
it
in
his
owne
hands
,
therefore
also
Stathome
shall
hold
it
in
the
same
manner
,
and
with
the
same
limitation
.
This
haue
I
heard
deliuered
by
men
of
good
sufficiency
and
skill
in
the
Common
Lawes
.
And
Dier
seemeth
to
auerre
as
much
,
when
he
saith
;
Tanque
à
ceo
quils
ceo
lesseront
&
misseront
à
ferme
.
Implying
thereby
,
That
so
soone
as
it
should
fall
into
a
Farmers
hands
,
the
priuiledge
should
be
suspended
,
as
being
not
Simple
,
but
Modall
,
and
restrained
onely
to
the
person
of
the
principall
Lord
or
owner
,
not
extended
to
his
Farmer
.
And
generally
,
looke
what
priuiledges
the
Abbats
had
concerning
those
lands
,
the
same
are
still
pleadable
by
the
Takers
from
the
King
:
and
what
burthens
soeuer
the
Abbats
were
chargeable
with
,
with
the
same
are
their
Successors
at
this
day
;
for
quoad
hoc
they
still
retaine
the
nature
of
Abbey
lands
.
From
whence
I
conclude
,
That
these
words
of
manner
,
forme
,
state
and
condition
are
not
restrained
to
the
present
and
actuall
possession
wherein
those
lands
were
held
at
the
time
of
the
Suppression
:
but
doe
comprehend
the
whole
nature
of
their
title
,
with
all
priuiledges
&
burthens
whatsoeuer
therevnto
belonging
,
or
in
any
wise
appertaining
.
And
therefore
to
draw
now
vnto
our
purpose
:
Whereas
vpon
euery
Impropriation
a
conuenient
maintenance
was
heretofore
reserued
for
the
Vicar
,
as
hath
beene
before
declared
,
which
maintenance
was
to
bee
made
good
vnto
him
from
time
to
time
,
by
the
Abbat
or
other
Proprietarie
,
&
that
out
of
the
very
fruits
and
reuenues
of
the
Parsonage
:
It
is
manifest
,
That
the
Parsonage
,
in
whose
hands
soeuer
it
bee
found
,
remaineth
still
chargeable
with
the
same
burthen
.
For
Res
tranfit
cum
sua
onere
,
and
whosoeuer
now
holdeth
it
,
is
to
hold
it
in
the
same
and
like
manner
,
forme
,
state
,
and
condition
,
as
the
Prior
did
.
But
the
Prior
held
those
Appropriations
with
the
charge
of
a
competent
maintenance
to
the
Vicar
,
at
the
discretion
of
the
Ordinarie
,
therefore
the
Proprietarie
that
now
is
,
is
chargeable
with
the
same
,
and
is
to
bee
impleaded
for
it
,
as
the
Prior
was
.
But
the
Statute
is
yet
more
plaine
for
the
poore
Vicars
profit
:
For
bee
it
that
the
Appropriation
had
beene
passed
to
the
King
,
and
from
him
to
his
Grantee
,
without
mention
of
such
manner
,
forme
,
state
,
and
condition
,
as
is
before
recited
:
yet
afterwards
the
Statute
addeth
a
full
and
perfect
clause
of
Sauing
and
Reseruing
his
right
vnto
him
in
these
words
;
Sauing
to
all
person
and
persons
,
Bodies
politique
and
their
Successors
,
all
such
right
,
claime
,
title
,
interest
,
possession
,
Rent-Charges
,
Annuities
,
Leases
,
Farmes
,
offices
,
Fees
,
Liueries
and
Liuings
,
Portions
,
Pensions
,
Commons
,
Synodies
,
Proxies
,
and
other
profits
,
which
any
of
them
haue
,
claime
,
ought
,
may
,
or
might
haue
had
in
or
to
the
premisses
,
or
to
any
part
or
parcell
thereof
,
in
such
like
manner
,
forme
,
and
condition
,
to
all
intents
,
respects
,
and
purposes
,
as
if
this
Act
had
neuer
beene
had
,
ne
made
,
&c.
These
words
Saluo
Iure
(
as
one
saith
)
verba
sunt
magnae
efficaciae
;
and
the
reason
is
giuen
by
Bartolus
,
because
Protestatio
conseruat
ius
protestanti
.
And
as
they
are
words
of
great
efficacie
;
so
likewise
are
they
of
very
large
extent
:
For
this
word
Ius
,
Ad
personas
,
ad
Res
,
ad
actiones
pertinet
,
saith
the
Emperour
Iustinian
.
Iustit
.
lib.
4.
And
therefore
when
all
right
is
saued
and
reserued
by
the
Act
,
it
is
manifest
,
That
the
Right
of
Action
and
Recouerie
is
reserued
as
well
as
any
other
;
For
it
were
a
vaine
thing
for
the
law
,
to
giue
a
man
Right
to
a
thing
,
and
not
a
Right
of
Action
,
to
recouer
it
.
Well
then
,
the
Statute
saith
vnto
euery
person
,
Bodies
politique
and
their
Successors
;
All
right
and
claime
to
any
part
or
parcell
of
any
lands
,
Parsonages
appropriate
,
or
other
Hereditaments
,
Liuings
,
or
profits
comming
to
the
King
,
by
the
dissolution
of
the
Manasteries
.
A
Vicar
is
a
body
politique
,
and
had
at
the
time
of
the
Dissolution
,
Right
,
Claime
,
and
Action
to
so
much
of
the
Appropriate
Parsonage
,
as
would
make
a
congruous
and
competent
portion
for
his
maintenance
,
as
hath
been
before
declared
.
Therefore
this
right
is
reserued
and
saued
to
him
and
his
successors
still
:
And
so
saued
to
all
intents
and
purposes
,
as
if
this
Act
had
neuer
been
made
.
Had
this
Statute
neuer
been
made
,
the
Monasteries
had
neuer
finally
bin
dissolued
,
had
they
continued
,
this
Action
had
been
good
against
them
:
and
therefore
is
still
good
against
the
Proprietary
who
now
succeedeth
in
the
Abbats
place
.
Likewise
the
Bishop
of
the
Diocesse
at
the
time
of
the
Dissolution
had
a
right
of
power
and
Iurisdiction
in
himselfe
whensoeuer
the
Abbat
presented
a
Clerke
vnto
him
for
institution
,
not
to
admit
him
,
vnlesse
the
Abbat
would
first
allot
,
lay
out
,
and
assigne
a
conuenient
portion
for
his
maintenance
.
If
the
Abbat
had
not
made
such
allowance
within
the
time
limited
by
the
Bishop
,
the
Bishop
had
a
right
in
himselfe
to
collate
the
Vicarage
vpon
the
Presentee
,
and
to
make
a
fit
allowance
for
him
,
at
his
discretion
,
out
of
the
fruits
and
profits
of
the
Appropriation
,
by
sequestring
them
vnto
his
vses
.
If
the
Abbat
refused
to
obey
,
or
presumed
to
violate
his
sequestration
,
the
Bishop
had
power
to
compell
him
by
Ecclesiasticall
Censure
,
and
Excommunication
,
the
end
wherof
was
imprisonment
by
the
Secular
armes
,
without
Baile
or
Mainprise
,
vntill
the
order
be
obeyed
.
If
the
Abbat
presented
not
at
all
,
the
Ordinarie
had
right
of
Collation
,
as
in
Case
of
Lapse
and
Deuolution
:
and
generally
hee
had
a
right
and
power
in
himselfe
,
to
taxe
the
Benefices
in
fauour
of
the
Vicars
,
as
hath
beene
formerly
prooued
both
by
the
Lawes
,
and
also
by
the
practise
of
those
times
.
This
right
the
Bishops
had
at
the
time
of
the
Dissolution
;
therefore
this
right
is
safe
vnto
him
still
;
and
safe
to
all
intents
and
purposes
,
as
if
this
Acte
had
neuer
beene
had
ne
made
.
Had
this
Act
neuer
been
made
,
the
Abbats
had
still
continued
,
and
vpon
them
hee
might
now
exercise
,
as
formerly
he
did
,
all
that
his
power
,
right
and
Iurisdiction
:
Therefore
hee
may
now
proceede
in
like
manner
against
the
Proprietarie
which
holdeth
the
same
in
his
possession
at
this
day
,
and
in
no
other
manner
,
forme
,
state
and
condition
then
the
Abbat
did
:
For
the
words
are
plaine
,
That
what
right
soeuer
hee
might
claime
if
this
Statute
had
not
bin
made
,
the
same
he
may
claime
still
notwithstanding
it
is
made
.
And
it
is
to
bee
obserued
,
that
the
Statute
vseth
as
generall
words
as
the
wit
of
man
could
possibly
deuise
,
Sauing
to
all
persons
,
&c.
to
all
Bodies
politique
,
&c.
All
right
,
title
,
claime
,
interest
,
liuing
,
or
other
profits
,
&c.
thereby
to
giue
satisfaction
to
euery
man
that
might
feare
any
preiudice
to
himselfe
from
this
Act.
And
therefore
if
the
Bishop
should
say
,
My
Iurisdiction
and
my
interest
of
Right
in
assigning
a
due
portion
vnto
the
Vicar
at
my
discretion
,
is
impeached
,
because
the
Parsonage
now
goeth
to
the
King
,
and
from
him
to
other
Lay-men
.
The
Statute
answereth
that
,
No
:
For
all
his
right
and
interest
is
saued
to
him
as
if
this
Statute
had
neuer
been
made
.
If
the
Vicar
should
say
,
That
by
the
lawe
heretofore
hee
had
Congruam
Portionem
by
way
of
Prouiso
saued
and
due
vnto
him
:
and
that
hee
could
sue
the
Abbat
before
his
Ordinarie
for
so
much
of
the
Parsonage
as
would
serue
to
maintain
him
in
a
more
fitte
and
decent
fashion
:
But
that
now
hee
hath
no
Action
against
the
King
or
any
otherman
.
The
Statute
answereth
,
That
what
title
soeuer
the
Vicar
,
as
a
Body
politique
,
had
to
any
part
or
parcell
of
the
Parsonage
,
the
same
is
preserued
and
saued
to
him
still
,
aswell
against
the
King
,
as
against
his
grantee
,
in
as
ample
maner
as
it
was
heretofore
belonging
to
him
against
the
Abbat
.
That
whereas
hee
claimeth
allowance
out
of
the
Rectorie
,
vnder
the
name
of
Portion
,
bee
it
certaine
or
vncertaine
:
Let
him
but
looke
the
booke
,
and
hee
shall
find
,
that
the
Parlament
was
carefull
to
reserue
all
Portions
in
expresse
termes
,
to
any
Body
politique
,
or
person
which
could
claime
them
,
in
such
manner
and
forme
as
hee
might
haue
claimed
it
if
this
Satute
had
neuer
been
made
.
For
it
is
manifest
,
that
the
meaning
of
the
Parlament
was
not
to
hurt
,
or
hinder
any
man
,
but
onely
to
suppresse
the
Monkes
,
in
that
it
was
tender
and
carefull
to
reserue
to
euery
man
his
right
,
by
what
name
or
title
soeuer
he
could
claime
it
,
Rents-Charges
,
Annuities
,
Fees
,
Pensions
,
Portions
;
and
to
the
Bishops
or
others
claiming
Episcopall
Iurisdiction
,
all
Synodies
,
Proxies
,
and
other
profits
:
So
that
as
the
wit
of
man
could
not
deuise
more
generall
termes
to
comprehend
all
mens
rights
;
so
the
grauitie
of
a
Parlament
could
not
descend
to
more
particular
wordes
to
expresse
euery
mans
right
,
which
it
laboured
to
preserue
.
And
as
for
the
point
of
Iurisdiction
,
the
Parlament
was
so
farre
from
deuesting
the
Bishops
of
any
part
thereof
,
That
it
submitted
all
exempt
places
of
Monasteries
,
or
other
priuiledged
houses
to
their
Iurisdiction
.
Much
lesse
was
it
their
meaning
,
to
depriue
the
Vicar
of
that
small
meanes
which
the
Law
affoorded
him
,
by
quarrelling
the
Bishop
vpon
this
point
of
Iurisdiction
,
rather
then
vpon
any
other
.
Neither
can
I
thinke
,
but
that
if
any
of
tha●
high
Court
,
whereunto
nothing
vseth
to
bee
called
,
nothing
is
admitted
,
but
the
flower
of
wit
,
nobilitie
,
and
wisedome
should
now
bee
raised
from
the
dead
,
and
asked
whether
their
meaning
was
,
when
they
had
saued
vnto
euery
other
man
his
right
,
onely
to
wrong
the
Bishop
?
or
when
they
had
preserued
vnto
euery
other
man
his
Claime
to
any
part
or
parcell
of
those
Abbey-lands
and
Parsonages
,
onely
to
wring
the
Vicar
,
or
to
debarre
him
,
not
of
that
liberall
allowance
,
which
the
law
of
God
giueth
him
,
but
of
that
small
Remainder
which
the
law
of
man
hath
left
vnto
him
for
his
maintenance
,
in
regard
of
his
dayly
seruice
at
the
Altar
?
He
would
answere
,
it
was
not
their
meaning
;
That
the
wordes
of
the
Statute
can
beare
no
such
construction
;
That
no
Lawyer
can
wrest
the
Statute
to
any
such
sense
,
vnlesse
hee
first
straine
his
owne
wit
beyond
sense
and
reason
.
Neither
can
it
be
said
,
That
because
there
is
not
in
those
clauses
of
reseruation
any
expresse
mention
made
,
either
of
the
Bishops
iurisdiction
in
this
point
,
or
of
the
Vicars
portion
in
particular
,
therefore
it
ought
not
now
to
be
allowed
.
For
the
Statute
maketh
no
mention
at
all
of
reparation
of
Chancels
:
yet
because
the
Abbats
receiuing
the
tithes
,
were
out
of
them
to
keepe
the
Chancels
in
reparation
;
therefore
the
King
also
taking
them
into
his
hands
,
chargeth
himselfe
and
his
Grantee
with
the
same
burden
;
for
the
leases
of
old
times
were
wont
to
runne
in
this
manner
;
Reddendo
&
soluendo
annuatim
omnes
&
singulas
Procurationes
,
&c.
Ac
etiam
reparando
Cancellos
earundem
Ecclesiarum
.
Although
in
leases
of
latter
times
this
clause
is
(
as
I
take
it
)
commonly
left
out
.
Likewise
the
Statute
maketh
no
mention
at
all
of
any
Curates
wages
to
bee
reserued
:
yet
doth
the
King
in
all
grants
of
Parsonages
where
there
is
no
Vicar
endowed
,
charge
the
Grantee
with
finding
of
a
Curate
.
And
the
old
leases
were
wont
to
runne
in
this
manner
;
Soluendo
annuatim
omnes
procurationes
,
&c.
&
inueniendo
Curatorem
.
But
leases
of
later
times
,
runne
somewhat
more
sparingly
in
this
guise
,
yeelding
,
paying
,
and
bearing
all
Proxies
,
Synodals
,
and
stipends
of
Curats
.
In
both
these
Cases
the
King
chargeth
himselfe
with
this
burden
,
although
there
bee
no
reseruation
thereof
mentioned
expressely
in
the
Statute
.
But
because
euery
mans
right
was
reserued
in
the
Statute
,
and
the
people
of
euery
Parish
had
a
right
to
haue
Diuine
Seruice
said
vnto
them
,
in
consideration
of
the
tenth
part
of
their
yeerely
profits
which
they
giue
in
lieue
of
that
,
and
of
none
other
thing
,
therefore
the
King
chargeth
himselfe
with
the
finding
of
one
that
shall
performe
this
duty
to
them
.
And
because
such
a
one
must
haue
a
mainetenance
,
therefore
hee
chargeth
himselfe
or
his
Grantee
with
paying
a
stipend
also
.
This
he
doth
non
ex
gratia
,
sed
ex
debito
:
And
because
the
Abbats
,
from
whom
he
had
those
Parsonages
,
were
before
the
dissolution
charged
with
the
same
.
Whence
it
followeth
,
that
notwithstanding
there
be
no
expresse
mention
made
in
the
Statute
,
of
the
iurisdiction
of
the
Bishop
in
this
point
,
and
of
the
Vicars
portion
in
particular
:
yet
are
they
vnderstood
to
be
reserued
,
because
they
are
also
comprised
in
the
generall
,
as
all
others
are
.
Moreouer
,
the
Statutes
of
either
kingdome
which
concerne
this
matter
,
beare
this
colour
in
the
face
.
That
the
Priors
,
Abbats
,
and
other
religious
Gouernours
,
with
the
assent
,
and
consent
of
their
seuerall
Couents
,
and
in
writing
vnder
their
Common
Seale
,
gaue
vp
all
their
lands
,
houses
,
Parsonages
appropriate
,
and
Vicarages
into
the
Kings
hands
.
Vpon
which
Surrender
of
theirs
,
the
King
was
enabled
to
haue
,
enioy
,
and
possesse
the
same
in
such
manner
and
forme
,
&c.
Now
it
is
manifest
,
that
by
vertue
of
their
Surrender
,
nothing
could
come
vnto
the
kings
hand
,
but
that
which
was
theirs
:
And
it
is
as
manifest
,
that
the
right
of
the
Bishop
,
and
the
claime
of
the
Vicar
,
were
not
in
the
Abbat
or
Prior
;
and
therefore
cannot
be
intended
to
passe
vnto
the
King
by
any
Act
of
theirs
.
For
Quod
meum
est
sine
facto
meo
à
me
tranferri
non
potest
:
that
which
is
mine
cannot
passe
from
mee
,
but
by
some
Act
of
mine
.
Lastly
,
some
men
are
of
opinion
,
that
this
course
cannot
be
taken
for
the
benefit
of
the
Vicar
;
and
●hat
his
right
and
action
,
if
any
he
had
before
,
is
now
extinct
and
lost
,
because
the
Impropriation
comming
to
the
Kings
hand
,
the
nature
of
the
thing
it selfe
is
altered
,
and
made
a
Lay
Fee
:
But
they
may
bee
pleased
to
be
informed
,
that
the
nature
of
those
things
continueth
still
the
same
,
and
is
not
changed
.
For
in
the
Statute
of
1.
Edw.
6.
It
is
expresly
saied
,
That
the
King
shall
hold
those
lands
of
Chantries
,
Colledges
,
and
free
Chappels
,
in
as
large
and
ample
manner
and
forme
as
the
Priests
hell
them
,
&c.
and
in
their
natures
and
qualities
:
So
then
,
though
the
King
now
holdeth
them
to
a
different
end
and
vse
,
yet
hee
holdeth
them
in
the
same
nature
which
they
had
before
.
And
what
I
pray
you
can
the
nature
of
these
and
such
like
things
,
which
consist
in
Iure
be
,
but
the
manner
,
forme
,
state
,
and
condition
,
wherein
they
are
possessed
?
Now
it
hath
beene
formerly
declared
,
that
they
are
still
held
in
the
same
manner
,
forme
,
state
,
and
condition
,
wherein
they
were
held
before
:
therefore
it
followeth
,
that
they
continue
still
in
the
same
nature
;
and
consequently
,
that
their
Nature
is
not
altered
or
changed
.
Moreouer
,
it
is
a
Rule
in
Philosophie
,
that
Formadat
nomen
&
esse
,
the
forme
of
euery
thing
giueth
it
name
and
nature
;
nay
,
rather
it
is
the
very
nature
and
essence
of
the
thing
it selfe
;
as
for
example
.
The
reasonable
and
intellectuall
soule
of
a
man
is
his
forme
:
And
therefore
the
Philosophers
say
,
That
Anima
est
quisque
:
it
is
the
soule
that
maketh
euery
man
to
be
what
he
is
,
in
his
proper
nature
,
and
is
the
man
it selfe
:
whence
it
followeth
,
That
because
the
Proprietaries
hold
the
Benefices
in
the
same
forme
in
which
the
Abbats
held
them
,
therefore
they
hold
them
in
the
same
nature
also
;
and
consequently
,
their
nature
remaineth
,
and
is
not
altered
.
And
why
should
we
thinke
,
that
the
nature
of
these
things
is
altered
rather
then
the
name
,
seeing
that
the
forme
which
giueth
both
alike
,
continueth
still
the
same
?
Looke
the
statutes
,
and
you
shall
euer
finde
them
called
by
the
same
names
which
they
had
before
:
Benefices
,
Rectories
,
Parsonages
,
Appropriations
,
Tithes
,
Church-duties
,
and
the
like
.
But
by
the
name
of
Lay
fees
or
Chattels
,
you
shall
neuer
finde
them
mentioned
in
the
Statutes
.
And
to
shew
yet
further
,
that
in
the
opinion
of
that
very
Parlament
,
which
made
the
Acts
of
Dissolution
,
as
also
in
construction
of
Law
,
it
was
generally
vnderstood
,
That
the
nature
of
these
Appropriations
,
and
Tithes
remained
still
the
same
,
without
change
or
alteration
;
It
may
please
them
to
consider
,
That
when
the
Monasteries
were
all
dissolued
,
and
laid
wast
,
and
the
Impropriations
sold
away
into
Lay-mens
hands
:
yet
were
the
Tithes
vnto
them
,
like
Nuts
cast
vnto
little
children
,
which
could
not
cracke
them
:
Neither
had
those
Laie
men
any
meanes
,
or
Action
to
recouer
them
:
And
therefore
by
the
Statute
of
32.
Hen.
8.
Lay
men
were
enabled
to
sue
for
Tithes
in
the
Ecclesiasticall
Court.
By
which
it
plainely
appeareth
,
that
these
Tithes
retaine
still
the
nature
of
Ecclesiastical
duties
and
goods
properly
belonging
to
the
Church
;
else
why
should
the
Ordinarie
hold
plea
of
them
betweene
Lay
men
more
then
of
other
Chattels
?
And
if
they
had
altered
their
nature
,
and
of
Tithes
had
beene
made
Chattels
or
lay
Fees
,
why
should
they
not
haue
beene
recouered
by
action
of
debt
,
or
otherwise
at
the
Common
Law
,
without
hauing
recourse
at
all
to
the
Court
Christian
?
Therefore
the
nature
and
qualitie
of
these
Appropriations
and
Tithes
is
not
altered
,
by
comming
into
lay
mens
hands
,
no
more
then
a
peece
of
Coine
is
changed
,
when
it
passeth
from
one
hand
to
the
other
.
From
all
which
I
conclude
,
That
what
right
soeuer
the
Bishop
had
to
his
Iurisdiction
,
the
Parish
to
haue
a
Minister
,
the
Minister
to
haue
allowance
before
the
Dissolution
of
these
Monasteries
,
and
making
of
the
fore
recited
Statutes
,
the
same
they
and
euery
of
them
haue
at
this
day
notwithstanding
those
Statutes
;
and
the
rather
for
them
,
because
they
help
to
saue
that
Right
,
both
of
Iurisdiction
to
the
one
,
&
of
maintenance
to
the
other
,
which
otherwise
might
seeme
to
haue
beene
lost
in
both
.
This
then
I
take
to
be
cleare
in
Law
,
That
wheresoeuer
a
Vicar
is
to
be
ordained
,
there
also
a
competent
maintenance
is
to
bee
allowed
.
But
then
there
remaineth
yet
a
doubt
,
whether
all
Churches
in
generall
which
heretofore
belonged
to
the
Monkes
,
are
necessarily
to
be
serued
with
perpetuall
Vicars
,
or
may
be
supplied
with
Stipendarie
Curates
;
a
doubt
of
too
great
difficultie
to
be
dissembled
,
and
of
too
great
consequence
to
be
neglected
in
that
Kingdom
:
because
all
Proprietaries
there
,
desire
to
gaine
this
point
vpon
the
Bishops
,
and
some
pretend
more
colourable
reason
for
it
,
then
others
doe
.
For
the
better
clearing
of
this
doubt
,
it
is
to
be
obserued
,
That
the
Parsonages
were
heretofore
either
granted
to
the
Monkes
,
In
proprios
Vsus
,
from
whence
they
haue
their
name
of
Impropriations
;
or
else
they
were
vnited
to
their
Tables
,
&
are
therefore
called
Mensalia
in
the
Law
.
Concerning
the
nature
and
qualitie
of
the
former
.
Innocentius
Inn●cent
.
ad
c.
pastoralis
:
extra
de
priuileg
.
nu.
1.
sayth
,
that
,
Per
haec
verba
(
concedimus
tibi
Ecclesiam
in
proprios
vsus
)
intendit
concedere
,
quod
administrationem
habeat
Ecclesiae
:
Et
quod
retento
bono
statu
Ecclesiae
superfluos
tantum
reditus
in
proprios
vsus
conuertat
:
Debet
enim
Ecclesiam
sibi
concessam
in
primo
statu
retinere
.
And
Panormitan
in
his
Commentaries
vpon
the
Chapter
De
Monachis
.
Tit.
de
Praebendis
,
alledging
the
same
words
of
Innocentius
,
addeth
further
,
Habent
etiam
praesentationem
That
an
hired
shepheard
was
neuer
profitable
for
the
sheepe
;
the
Canons
also
of
the
olde
Church
ordained
in
this
manner
,
Praecipimus
etiam
,
ne
Conductitijs
Presbyteris
s.
vlt.
Ecclesiae
committantur
:
A
precept
worthy
to
be
written
in
letters
of
gold
ouer
euery
Church
doore
,
as
a
Charme
,
to
keep
out
the
destroyer
.
But
to
let
passe
the
vsage
,
and
customs
of
former
ages
in
forreine
countreys
,
&
to
make
it
yet
more
plaine
,
That
euen
within
this
kingdom
of
Ireland
,
the
Bishops
euer
claimed
,
and
euer
had
this
right
of
Institution
to
all
such
Churches
as
the
Monkes
helde
in
proprios
vsus
:
and
thereupon
laid
out
reasonable
allowances
for
the
Vicar
.
I
haue
seene
an
ancient
Bull
of
Pope
Alexander
the
third
,
whom
I
noted
before
to
haue
beene
the
first
that
opposed
himselfe
against
the
auarice
of
the
Monkes
in
this
kinde
.
To
him
certaine
Monkes
of
this
Kingdome
of
Ireland
made
their
complaint
against
the
Bishops
for
troubling
them
in
this
point
:
and
craued
a
priuiledge
against
their
authoritie
for
the
time
to
come
;
which
hee
graunted
:
and
concludeth
his
religious
Graunt
in
this
manner
.
Nos
itaque
vestris
supplicationibus
inclinati
,
vt
sicut
hactenus
,
sic
&
in
posterum
By
which
it
is
plaine
and
euident
,
That
as
the
Proprietaries
of
these
dayes
doe
;
so
did
their
predecessors
and
Ancestors
the
Monkes
,
first
in
stipendarie
Curates
:
and
make
them
the
least
allowance
that
possiblie
they
could
:
But
when
the
Bishops
challenged
their
right
,
and
began
to
know
themselues
in
their
places
,
the
Monkes
then
fledde
,
not
to
the
sanctuary
of
the
Law
,
because
it
was
against
them
,
neither
stood
they
vpon
their
custome
,
which
(
because
not
grounded
vpon
reason
)
was
not
able
to
protect
them
:
but
hauing
no
other
refuge
,
sought
to
the
Pope
for
a
priuiledge
,
in
stead
of
a
pardon
,
for
such
abuses
committed
already
,
and
afterwards
to
bee
committed
.
A
strange
Case
,
That
the
Vicar
of
CHRIST
here
on
earth
,
should
grant
so
lewd
a
priuiledge
.
But
this
euer
was
,
and
stil
is
,
the
practise
and
policie
of
that
Sea
,
To
make
strict
,
and
,
many
times
,
good
lawes
,
and
then
to
grant
large
and
lewd
Dispensations
;
thereby
to
satiate
(
if
it
were
possible
)
her
insatiable
auarice
.
But
to
returne
vnto
our
purpose
:
Neither
this
,
nor
any
other
like
priuiledge
could
,
before
the
Dissolution
,
free
the
Monkes
,
nor
can
at
this
time
exempt
the
Proprietaries
their
successors
from
the
Iurisdiction
and
power
of
the
Bishop
in
that
behalfe
.
For
long
after
the
dayes
of
Alexander
the
third
,
Clement
the
fift
,
seeing
the
desolation
which
grew
dayly
vpon
the
Church
by
reason
of
such
abuses
of
the
Monkes
,
especially
in
that
they
serued
their
Cures
by
their
Chapleins
and
stipendary
Curates
,
made
the
Decree
which
I
mentioned
before
,
thereby
enioyning
the
Monkes
to
present
their
Clerkes
vn●o
the
Ordinarie
,
from
him
to
receiue
Canonicall
institution
.
All
which
hee
commandeth
to
be
obserued
:
Non
obstantibus
exemptionibus
,
aut
alijs
quibuslibet
priuilegijs
,
consuetudinibus
vel
Statutis
.
Quae
circa
praemissa
vel
eorum
aliquod
Religiosis
ipsis
in
nullo
volumus
suffragari
.
This
hee
decreed
,
not
fearing
the
indignation
of
S.
Peter
and
S.
Paul
,
which
by
the
curse
of
Alexander
the
third
hee
was
to
incurre
:
but
perswading
himselfe
(
as
well
he
might
)
that
God
would
neuer
bee
offended
with
him
for
cancelling
a
priuiledge
which
tended
so
directly
to
the
ouerthrow
of
his
worship
and
seruice
,
and
to
the
destruction
of
his
Church
here
on
earth
:
wherefore
if
any
Proprietarie
would
at
this
day
plead
the
like
priuiledge
granted
to
Monkes
from
whome
hee
deriues
his
Title
,
hee
must
shew
it
granted
since
the
time
of
Clement
the
fift
,
and
with
a
Non
obstante
to
that
Decree
of
his
,
otherwise
the
Clementine
reacheth
to
them
of
after
date
,
aswell
as
to
the
former
:
neither
can
they
alleadge
,
that
they
haue
vsed
so
to
doe
time
out
of
minde
,
and
beyond
the
memory
of
man
;
for
so
had
those
Monkes
,
and
yet
wanted
a
priuiledge
to
protect
them
:
and
the
Clementine
runneth
with
a
Non
obstante
of
any
custome
or
prescription
:
whence
I
conclude
,
That
all
Proprietaries
which
at
this
day
holde
Churches
which
were
anciently
giuen
in
proprios
vsus
to
the
Monkes
,
may
not
now
,
as
they
doe
,
nominate
their
Curates
,
and
send
them
to
the
Ordinarie
for
a
licence
:
but
must
as
Patrons
,
present
their
Clerkes
vnto
him
,
and
hee
(
if
they
bee
worthy
)
must
giue
them
Canonicall
Institution
,
and
make
them
perpetuall
Vicars
or
Rectors
of
the
Church
,
with
cure
of
soules
:
For
such
was
the
state
of
the
Church
before
the
Impropriation
made
,
and
such
it
must
continue
.
But
the
greater
doubt
is
of
those
Benefices
which
were
giuen
ad
Mensam
Monachorum
.
These
Grants
were
made
by
way
of
Vnion
,
and
passe
vnder
diuers
formes
:
sometime
by
these
words
Concedimus
pleno
iure
:
sometimes
vtroque
iure
:
sometimes
pleno
iure
,
tam
in
spiritualibus
quam
in
temporalibus
.
The
proper
effect
of
all
which
Grants
seemeth
to
bee
,
That
these
Benefices
need
no
perpetuall
Vicar
,
but
may
bee
serued
by
a
Stipendarie
Curate
.
For
first
these
are
excepted
from
the
generall
,
where
it
is
Praemissa
vero
intelligimus
de
beneficijs
Cum
Ecclesia
conceditur
alicui
Monasterio
pleno
iure
in
temporalibus
,
tunc
Episcopi
pleno
iure
,
vel
vtroque
iure
,
addeth
this
exposition
.
Per
hoc
intelligitur
quod
tam
its
Guido
Papa
.
Decisione
Ranchinus
ad
Guid.
Papa
.
154.
154.
saith
that
,
Illae
Ecclesiae
dicuntur
de
mensa
quae
sunt
ita
vnitae
,
quod
non
habeant
Vicarium
perpetuum
.
From
all
which
it
may
be
gathered
,
That
those
Proprietaries
,
who
now
hold
Parsonages
,
which
were
heeretofore
vnited
to
the
Tables
of
the
Monkes
;
because
they
are
to
hold
them
in
the
same
manner
,
forme
,
and
condition
,
as
the
Monkes
did
,
cannot
now
bee
forced
to
present
their
Clerks
to
the
Ordinary
for
institution
,
no
more
then
the
Monkes
could
heretofore
;
but
are
onely
to
send
him
for
a
licence
as
now
they
doe
.
Notwithstanding
all
which
,
I
take
the
law
to
be
otherwise
,
as
the
case
now
standeth
:
For
the
Monasteries
might
indeede
heeretofore
,
serue
the
Cure
in
Churches
belonging
to
their
Table
,
by
a
temporary
Curate
,
if
that
Curate
were
a
Monke
,
as
commonly
hee
was
:
or
if
there
were
no
Parish
belonging
to
the
Church
,
but
if
the
Church
were
Parochiall
,
and
the
Curate
secular
,
then
hee
was
to
receiue
institution
from
the
Bishop
,
as
perpetuall
Vicar
,
and
to
haue
a
competent
allowance
out
of
the
fruits
of
the
Benefice
,
as
other
Vicars
had
.
And
therefore
Zabarella
,
hauing
handled
this
point
,
giueth
this
caueate
in
the
end
.
Sed
nota
&
signa
mente
quod
To
conclude
,
the
summe
of
all
is
this
.
In
Benefices
giuen
to
the
vse
of
the
Monkes
,
which
are
properly
called
Appropriations
,
or
Impropriations
,
the
Ordinarie
now
is
,
and
euer
was
without
distinction
to
ordaine
a
Perpetuall
Vicar
with
Cure
of
soules
:
And
to
compell
the
Proprietarie
to
a
competent
and
conuenient
allowance
out
of
the
fruits
of
the
Benefice
for
his
maintenance
:
And
in
those
Mensall
Benefices
,
which
were
vnited
to
their
Tables
,
the
Ordinarie
is
(
as
the
state
of
things
now
standeth
)
to
doe
the
like
:
So
that
in
all
,
and
all
maner
of
Benefices
,
as
well
Mensall
as
other
,
heretofore
belonging
to
those
Abbeys
or
other
Religious
Houses
,
and
which
are
now
in
the
hands
of
the
Proprietaries
within
this
Kingdome
,
these
mercenarie
and
seruing
creatures
,
these
stipendarie
Curats
are
by
course
of
Law
to
be
abolished
;
and
in
their
roomes
Perpetuall
Vicars
or
Rectors
,
with
sufficiencie
of
meanes
to
be
ordained
.
Sufficiencie
of
meanes
I
say
;
For
it
was
long
since
obserued
,
That
beggerly
Poets
neuer
made
good
Verses
;
for
pouertie
is
a
heauie
burden
,
and
the
feare
thereof
worketh
as
violently
vpon
the
wit
and
spirit
of
a
man
,
as
any
terrour
doeth
,
and
is
therefore
reckoned
by
the
Orator
,
inter
grauissima
vitae
onera
.
Nam
si
Virgilio
puer
&
tolerabile
deesset
sayth
the
Satyrist
.
His
meaning
is
,
that
Virgil
himselfe
could
neuer
haue
described
the
slaughter
of
Turnus
,
the
combats
of
Aeneas
,
the
fury
of
Amata
,
and
other
such
like
Arguments
,
with
that
high
conceit
and
straine
of
wit
,
and
with
such
loftinesse
of
stile
as
hee
hath
done
,
had
his
mind
beene
troubled
and
distracted
with
want
of
necessaries
for
food
,
raiment
,
house-rent
,
and
attendance
at
home
:
Neither
may
we
hope
for
better
of
a
Preacher
,
if
the
like
weight
of
want
and
pouertie
lie
vpon
him
:
and
therefore
it
is
requisite
,
that
a
sufficient
maintenance
be
prouided
for
him
,
for
so
the
law
requireth
.
But
then
there
remaineth
a
great
and
difficult
question
,
What
is
sufficient
for
this
Vicars
maintenance
?
For
mine
owne
part
,
I
may
not
presume
to
prescribe
what
is
enough
or
sufficient
in
this
case
,
because
the
Law
leaueth
it
to
the
discretion
of
the
Bishop
,
who
must
enforme
himselfe
of
many
particulars
,
and
frame
his
censure
according
to
the
priuate
motions
of
his
owne
well
disposed
mind
;
nay
,
I
may
well
say
as
a
learned
Canonist
hath
said
already
,
De
re
ista
non
potest
certa
tradi
doctrina
.
Onely
we
must
beware
,
that
whilest
we
reckon
all
too
little
for
our selues
,
we
thinke
not
euery
thing
enough
for
the
Minister
of
the
Church
.
Zabarella
vpon
this
question
saith
,
Quod
sola
sustentatio
non
sufficiet
,
potest
namque
esse
talis
,
quod
non
periret
fame
,
&
tamen
non
esset
congrua
,
sicut
esse
debet
in
victu
&
vestitu
,
&
alijs
congruentibus
.
And
as
another
Writer
saieth
,
Vicarijs
de
hac
portione
congrue
prouidebitur
;
nec
cogentur
vesci
fabis
,
&
alijs
vilibus
cibarijs
sicut
Rustici
.
First
,
therefore
in
this
Assignation
of
his
portion
,
there
must
be
care
taken
,
that
hee
may
haue
enough
for
his
food
and
rayment
in
a
decent
&
conuenient
maner
.
Secondly
,
respect
is
to
be
had
vnto
his
family
.
Non
enim
sufficiens
dicitur
Beneficium
,
nisi
sufficiens
fit
habenti
,
&
personis
sibi
necessarijs
.
But
who
are
these
?
and
how
many
shal
he
be
allowed
to
keepe
?
No
man
I
thinke
will
allow
him
lesse
then
a
seruant
or
two
to
attend
vpon
him
.
Non
enim
debet
sibi
coquere
,
saith
one
.
But
this
is
not
all
:
for
the
law
of
God
permitteth
,
and
the
Lawes
of
this
kingdome
haue
made
it
free
for
Ministers
to
marry
as
well
as
others
,
considering
well
,
That
the
estate
it selfe
is
honorable
in
al
men
alike
:
and
that
they
consisting
of
flesh
and
blood
as
others
doe
,
haue
likewise
their
desires
vpon
them
as
others
haue
.
It
is
reason
therefore
,
that
since
the
law
permitteth
them
to
marry
,
the
law
should
also
prouide
them
a
maintenance
,
for
the
easier
bearing
of
such
a
burthen
,
else
is
their
condition
more
miserable
then
any
other
:
for
worke
they
may
not
,
which
heretofore
they
might
;
and
to
begge
they
are
ashamed
.
Merchandize
they
cannot
,
which
yet
the
Ciuile
Law
permitteth
;
and
not
to
prouide
for
their
family
,
were
a
fault
worse
then
Infidelitie
:
and
therefore
vnlesse
meanes
be
allowed
for
the
maintenance
of
those
,
as
well
as
of
themselues
,
it
had
beene
better
for
them
if
they
had
still
remained
as
they
were
.
Thirdly
,
regard
must
be
had
vnto
hospitalitie
:
for
it
hath
euer
bin
thought
fit
,
that
the
Minister
should
be
enabled
to
releeue
the
poore
,
to
feed
the
hungry
,
&
to
receiue
a
stranger
as
he
trauaileth
on
the
way
:
a
thing
more
considerable
in
this
kingdome
then
in
the
other
of
England
,
for
our
want
of
Innes
;
and
because
the
Countrey
is
of
custome
more
harborous
to
passengers
,
if
neede
requireth
.
And
lastly
,
to
omit
all
consideration
of
his
person
,
as
Nobilitie
,
degree
,
desert
,
age
,
and
such
like
,
which
are
not
forgotten
in
other
Countries
,
when
the
poore
Vicars
portion
commeth
in
question
,
before
the
Ordinarie
or
other
Iudge
,
Considerabitur
in
ijs
honestas
,
vt
bonoretur
in
ijs
officium
Sacerdotale
,
saith
a
Canonist
.
But
some
man
will
say
,
that
this
question
is
long
since
answered
,
and
the
doubt
determined
by
Act
of
Parlament
here
in
Ireland
.
It
is
true
,
that
in
the
33.
yeere
of
Henrie
the
eight
,
there
passed
here
an
Act
;
wherein
it
was
conteined
,
That
whereas
diuers
Parish
Churches
of
the
kingdome
of
Ireland
were
heretofore
appropried
to
Monasteries
and
other
religious
houses
,
now
dissolued
,
wherein
Diuine
Seruice
was
done
,
maintained
,
and
kept
,
and
the
Cure
serued
by
religious
persons
of
the
said
religious
houses
,
&c.
Therefore
there
should
be
an
able
man
appointed
for
that
purpose
in
euery
Parish-Church
.
In
consideration
whereof
,
and
to
the
intent
aforesaid
,
it
should
be
enacted
,
That
Sir
Anthonie
Saintleger
,
Lord
Deputie
of
Ireland
,
I.
A.
Chancellor
of
the
kingdome
,
W.
B.
Vicetreasurer
,
and
S.
A.
Chiefe
Iustice
,
with
sundry
others
there
named
,
or
any
sixe
of
them
,
the
foure
officers
aboue
named
to
be
of
the
Quorum
,
might
and
should
erect
and
incorporate
one
Vicarage
of
one
Vicar
,
in
euery
of
the
said
Parishes
,
as
they
should
think
conuenient
,
which
should
haue
succession
of
the
same
for
euer
,
to
be
presented
by
the
Lord
Deputie
,
bee
instituted
by
the
Ordinarie
,
&c.
And
that
the
said
Sir
Anthonie
and
the
rest
might
and
should
assigne
and
appoint
vnto
euery
such
Vicar
,
such
conuenient
portions
of
Tithes
altarages
,
and
oblations
of
the
possessions
comming
to
the
King
by
reason
of
the
said
dissolution
,
for
the
maintenance
of
Diuine
seruice
,
and
keeping
of
Hospitalitie
,
&c.
Prouided
alwaies
,
that
such
Assignation
did
not
exceed
the
yearely
valew
of
13.
pounds
sixe
shillings
and
eight
pence
:
and
reseruing
to
the
King
the
twentieth
part
out
of
euery
such
Vicarage
,
and
the
first
fruits
,
&c.
This
Act
indeede
was
made
,
and
remaineth
of
record
in
the
Rolles
of
Ireland
,
but
it
neuer
tooke
effect
.
But
be
it
that
it
were
stil
of
force
,
what
proportion
hath
the
summe
limited
,
with
the
ends
for
which
it
is
appointed
?
or
what
maintenance
is
ten
pounds
sterling
at
the
vtmost
for
a
Minister
,
to
liue
in
fashion
of
a
Minister
withall
?
to
find
himselfe
?
to
maintaine
his
wife
and
children
while
he
is
aliue
,
to
prouide
for
them
after
his
death
,
to
pay
seruants
wages
;
and
ouer
and
aboue
all
this
,
to
keepe
hospitality
,
which
the
Statute
intendeth
and
commandeth
to
be
kept
?
It
may
be
,
that
in
those
daies
it
was
enough
:
but
what
is
it
at
this
present
time
?
Had
this
Statute
taken
his
effect
,
yet
had
it
beene
reason
,
that
at
this
time
the
Vicars
should
haue
claimed
a
new
taxation
,
seeing
that
the
rates
of
all
things
are
now
raised
to
a
higher
price
:
Moreouer
,
it
is
apparant
,
that
although
Henrie
the
eight
tooke
away
the
Monasteries
,
and
suppressed
the
vsurped
tyranny
of
the
Pope
in
his
Dominions
:
yet
hee
reformed
not
Religion
,
and
therefore
their
oblations
and
alterages
,
masse
monies
,
and
such
like
fees
(
which
were
no
doubt
the
greatest
part
of
the
poore
Vicars
maintenance
,
and
yet
was
neuer
reckoned
in
his
portion
)
remained
all
his
daies
:
Seeing
therefore
that
these
are
now
grow●n
into
disusance
,
reason
good
that
their
allowance
bee
made
good
againe
,
and
increased
some
other
way
.
In
the
same
Parliament
,
there
was
order
taken
for
the
hire
of
Slaters
and
other
workemen
by
the
day
:
and
it
is
ordained
that
their
wages
should
bee
increased
from
time
to
time
,
according
to
the
prices
of
corne
and
other
victualls
:
there
is
now
no
Carpenter
or
Slater
heere
,
which
will
take
lesse
then
sixteene
pence
per
diem
,
for
himselfe
,
and
twelue
pence
for
his
man
,
which
amounteth
to
vpwards
of
thirtie
pounds
per
ann
.
What
reason
therefore
that
the
poore
Minister
,
who
ought
to
be
honorabilis
in
populo
,
should
be
held
to
the
old
taxation
of
twenty
Markes
Irish
by
the
yeere
at
the
vttermost
,
which
commeth
not
to
eight
pence
per
diem
,
for
the
maintenance
of
himselfe
and
all
his
family
?
But
the
poore
Vicars
lot
is
not
so
good
as
to
haue
the
allowance
the
Statute
speaketh
of
.
Our
horse-boies
wages
are
not
great
;
would
God
our
Vicars
were
no
worse
.
Our
horse-boies
haue
commonly
forty
shillings
wages
,
besides
meat
,
drinke
and
lodging
,
and
foure
paire
of
Broagues
per
ann
.
How
lamentable
then
is
that
which
hath
of
late
beene
discouered
,
That
throughout
the
whole
Prouince
of
Connaught
,
and
in
sundry
other
Diocesses
of
this
Kingdome
,
the
Vicarages
,
for
the
most
part
,
are
vnder
forty
,
and
many
of
them
not
aboue
fifteene
shillings
sterling
,
towards
all
charges
,
by
the
yeere
?
But
to
conclude
this
point
:
If
any
man
thinke
that
twentie
nobles
or
ten
pounds
sterling
,
according
to
this
Statute
,
be
at
this
day
a
sufficient
and
reasonable
maintenance
for
a
learned
Minister
of
the
Church
,
and
Preacher
of
Gods
word
,
to
maintaine
himselfe
,
his
wife
,
children
,
and
family
,
and
to
keepe
hospitality
withall
;
and
no
reason
will
perswade
him
to
the
contrary
,
I
for
my
part
will
not
bee
contentious
,
nor
vse
farther
argument
against
him
;
onely
I
wish
him
more
experience
;
and
that
(
sauing
my
charity
)
hee
himselfe
,
his
wife
,
children
,
and
family
,
might
liue
but
one
moneth
according
to
that
rate
,
and
afterwards
hee
bee
asked
what
hee
thought
of
the
sufficiency
of
such
allowance
.
Neither
yet
is
this
the
nihil
vltra
,
of
our
misery
,
for
euen
vnto
this
day
,
as
if
the
ghosts
of
those
Monkes
did
still
walke
and
haunt
vs
,
Ecclesiasticall
liuings
of
all
sorts
are
continually
taken
from
the
Church
,
vnder
colour
of
concelements
,
and
as
if
in
old
time
,
they
had
belonged
to
their
houses
;
In
so
much
,
that
in
one
small
Dioces
,
namely
of
Elfin
,
twenty
fiue
Vicarages
,
fiue
Rectories
,
and
two
Prebends
,
are
found
to
haue
beene
reft
from
the
Church
by
this
occasion
;
all
which
did
anciently
stand
charged
in
the
Kings
bookes
,
with
first
fruits
and
twentieth
part
:
An
infallible
argument
,
that
since
the
dissolution
,
they
haue
beene
in
the
proper
vse
,
and
lawfull
possession
of
the
Church
;
neither
doe
other
Diocesse
want
their
part
in
this
calamity
.
And
to
adde
to
our
griefe
,
his
sacred
Name
is
heerein
euer
vsed
;
who
of
all
men
mortall
would
most
abhorre
it
.
For
hee
that
of
his
Princely
bounty
,
and
Christian
deuotion
,
hath
of
his
owne
,
giuen
wellnigh
three
hundred
thousand
acres
of
principall
good
land
,
to
the
reuerend
Bishops
,
dignitaries
,
and
Parish
Churches
,
of
the
North
of
that
Kingdome
,
would
not
he
much
more
restore
the
tithes
to
the
poore
Vicars
of
other
parts
,
if
it
may
appeare
that
of
right
they
belong
vnto
them
?
doth
King
Iames
rule
his
subiects
by
one
law
,
and
himselfe
by
another
?
or
haue
wee
not
yet
proofe
enough
of
his
well
willing
to
the
Church
?
This
then
is
an
euill
,
which
cannot
be
healed
,
but
by
that
mysterious
and
medicinable
hand
of
the
King
himselfe
:
A
hand
,
which
often
hath
wrought
,
and
daily
doth
worke
greater
miracles
,
and
cure
more
running
sores
then
this
,
in
the
body
of
the
Church
and
Common
wealth
;
and
will
not
leaue
this
vntoucht
,
if
euer
it
happen
to
be
brought
vnto
him
.
But
to
leaue
what
we
haue
not
,
and
to
returne
to
what
we
haue
;
I
haue
often
said
,
and
endeauoured
to
prooue
,
that
the
Bishop
is
the
man
authorised
by
law
,
to
assigne
the
Vicars
portion
:
wherein
,
I
am
not
ignorant
,
that
many
men
may
happily
draw
my
discretion
into
question
,
and
condemne
my
iudgement
,
in
labouring
thus
earnestly
to
reuiue
the
memory
of
an
old
discontinued
,
and
almost
forgotten
point
of
law
;
for
what
if
all
were
granted
to
be
law
that
hath
beene
said
?
what
profit
is
the
Church
like
to
reape
thereby
,
seeing
that
the
execution
thereof
belongeth
onely
to
the
Bishops
?
weake
men
God
wot
,
some
will
say
,
for
the
most
part
,
in
this
Kingdome
,
to
hold
that
they
haue
,
but
altogether
vnable
to
recouer
what
they
had
:
Medice
cura
teipsum
.
Their
Lordships
should
doe
well
to
recouer
their
owne
rights
first
;
and
then
wee
should
haue
some
hope
that
they
would
be
able
to
preuaile
for
the
Vicars
also
.
True
indeede
:
the
execution
of
this
law
belongeth
peculiarly
to
the
Bishops
:
but
it
is
as
true
,
that
in
this
their
long
default
,
it
doth
now
as
properly
belong
to
the
King
:
For
there
is
no
doubt
,
but
that
before
those
Acts
of
Dissolution
,
the
Pope
as
supreame
Ordinarie
pretended
,
made
all
those
Constitutions
and
Canons
which
before
are
mentioned
for
the
erection
of
Vicarages
,
and
maintenance
of
the
Vicars
;
many
of
which
were
directed
to
sundry
of
our
owne
Bishops
in
England
:
and
they
,
by
the
toleration
of
the
King
,
put
them
in
execution
from
time
to
time
,
and
were
euer
iustified
in
their
doings
,
by
the
Reuerend
Iudges
of
the
land
.
If
then
the
Souereigne
power
in
these
Cases
,
and
both
the
making
and
execution
of
these
lawes
did
heretofore
belong
vnto
the
Pope
;
then
is
it
manifest
,
that
the
same
at
this
day
doth
immediatly
belong
vnto
the
King
,
vpon
whom
by
way
of
Restitution
,
the
Parliament
hath
seated
all
the
power
which
the
Pope
then
vsurped
,
in
lawes
not
repugnant
to
the
word
of
God
,
and
Statutes
of
the
Kingdome
.
Wherefore
if
the
Bishop
cannot
,
yet
the
King
can
doe
them
right
;
I
say
not
by
the
power
of
his
prerogatiue
;
but
by
a
due
course
and
forme
of
Law
,
which
no
man
may
repine
at
:
and
therefore
,
if
the
right
may
appeare
to
bee
on
their
side
,
means
of
recouering
that
right
cannot
bee
wanting
to
them
.
But
bee
it
,
that
they
could
seeke
no
higher
then
the
Consistorie
of
the
Bishop
;
yet
is
not
their
case
so
desperate
as
some
conceiue
the
same
to
be
:
For
I
haue
shewed
before
,
that
not
only
the
high
Court
of
Parliament
,
but
also
the
reuerend
Iudges
of
former
times
,
which
many
times
thwarted
with
Bishops
in
other
matters
,
yet
euer
assisted
them
in
assigning
,
encreasing
and
restoring
the
poore
Vicars
portion
;
yea
and
pressed
them
oft
times
to
this
duetie
,
when
they
were
remisse
and
negligent
of
themselues
:
why
then
should
not
wee
hope
the
like
from
the
Reuerend
Iudges
of
these
dayes
,
whose
pietie
,
zeale
and
feruencie
in
Religion
,
is
by
so
much
greater
then
was
that
of
their
predecessors
,
by
how
much
the
Religion
it selfe
which
these
professe
is
better
,
and
more
worthy
of
defence
and
maintenance
then
the
others
was
.
This
then
is
the
Maine
and
capitall
point
to
bee
considered
of
,
because
as
a
canker
it
hath
most
spread
it selfe
ouer
the
whole
bodie
of
this
kingdom
:
yet
is
there
one
Case
more
,
which
because
it
is
cosin-german
to
the
other
,
and
wherein
the
Reuerend
Bishops
haue
right
as
well
as
in
the
other
,
ought
not
to
bee
neglected
.
And
it
is
the
Case
of
those
Parsonages
which
are
annexed
vnto
the
Prebends
,
or
dignities
of
Cathedrall
Churches
:
For
these
,
long
since
learned
this
euill
custome
of
the
Monkes
,
to
procure
the
Benefices
of
other
Parishes
to
be
annexed
vnto
them
,
for
the
better
support
and
maintenance
of
their
state
;
although
ab
initio
non
fuit
ita
.
For
it
is
to
be
noted
,
That
after
the
time
of
Constantine
the
Great
,
euery
greater
Citie
had
a
Bishop
resident
therein
,
and
euery
Bishop
a
company
of
learned
men
alwayes
conuersant
about
him
.
These
serued
for
Colledges
of
Reuerend
Diuines
,
to
whom
al
controuersies
of
Religion
were
referred
,
and
by
whom
they
were
vnder
the
Bishop
decided
:
These
were
called
Presbyteri
which
importeth
as
much
as
The
Elders
or
Senators
of
the
Church
,
by
whom
the
Church
was
ordered
and
aduised
.
In
which
sence
it
is
that
Tertullian
saith
in
his
Apologeticon
;
Nobis
praesident
probati
quique
Seniores
:
honorem
istum
non
pretio
sed
testimonio
adepti
.
Now
it
is
apparant
by
the
Constitutions
of
the
Christian
Emrours
,
reported
both
in
the
old
Code
,
and
also
in
the
Authentiques
of
Iustinian
;
That
these
were
all
maintained
by
Temporall
reuenues
,
which
were
in
great
abundance
cast
vpon
them
,
partly
by
the
deuotion
of
the
people
,
partly
by
the
munificence
,
and
largesse
of
the
Emperours
;
also
there
were
Salaria
de
publico
in
diuersis
speciebus
Sacro-sanctis
Ecclesijs
ministrata
,
though
afterwards
taken
from
them
by
Iulian
the
Apostata
.
Moreouer
,
these
had
their
seuerall
houses
wherein
they
liued
with
their
children
and
mothers
and
sisters
if
need
required
.
Illas
etiam
non
relinqui
castitatis
hortatur
affectus
,
quae
ante
Sacerdotium
maritorum
legitimum
meruere
coniugium
,
saith
the
Law
.
And
these
lands
the
Clergie
held
free
from
Taxes
and
Impositions
;
and
not
onely
they
,
but
also
their
children
held
their
owne
patrimonial
lands
with
like
freedome
in
honour
of
their
fathers
Priesthood
.
The
which
I
doe
the
rather
alleadge
,
to
let
some
men
knowe
how
farre
they
are
destitute
of
example
of
former
times
in
their
opinions
,
while
they
thinke
it
a
matter
vnreasonable
,
That
Cathedrall
Churches
should
haue
any
Temporall
lands
belonging
to
them
,
talking
of
Clergie-men
as
of
some
forraine
Nation
or
Aliens
,
which
ought
not
inherite
within
the
land
.
As
for
their
children
they
talke
of
them
as
of
vnlawfull
persons
,
and
scantly
worth
the
fostering
,
whereas
yet
the
law
of
God
maketh
their
mariages
as
lawfull
as
ours
:
and
in
their
children
is
oftentimes
better
blood
to
be
found
,
then
in
those
which
speake
against
them
.
But
to
returne
vnto
our
purpose
.
These
Colledges
of
learned
men
in
the
chiefe
Cities
of
the
Empire
,
were
(
as
I
said
before
)
maintained
by
Temporall
reuenues
:
But
not
long
after
when
these
means
failed
them
,
whether
through
the
peoples
indeuotion
,
or
whether
through
their
own
ill
husbandrie
(
for
Clergie-mens
hands
could
neuer
be
tied
nor
kept
from
aliening
the
reuenues
of
their
Churches
)
then
began
they
to
cast
abroad
their
eyes
,
and
to
reach
out
their
hands
vpon
the
poore
Ministers
of
the
Countrey
;
who
hauing
their
Tithes
,
were
therewithal
content
;
and
in
recompence
therof
held
vp
pure
handes
thrice
a
day
vnto
their
Maker
,
praying
instantly
for
the
prosperitie
of
the
people
,
while
they
were
trauailing
abroad
in
their
seuerall
vocations
.
This
abuse
grew
so
great
and
so
hurtfull
to
the
Church
,
that
the
Councill
of
Lateran
thought
fit
to
prouide
against
it
;
forbidding
any
Canon
of
a
Church
to
meddle
with
a
Parsonage
of
the
Countrey
.
Whereupon
a
certaine
Bishop
wrote
vnto
Honorius
the
third
Pope
of
Rome
,
complaining
,
that
the
Canons
of
his
Church
,
since
the
Laterane
Councill
,
were
vnable
to
liue
of
the
reuenues
of
their
Prebends
(
which
were
,
no
doubt
,
that
which
was
left
of
their
Temporall
lands
)
being
debarred
by
the
decree
of
the
Councill
for
taking
Parsonages
as
they
did
in
former
times
.
And
thereupon
the
Pope
wrote
backe
in
this
manner
:
Si
euidens
necessitas
,
vel
vtilitas
exigat
,
Prebendas
Ecclefijs
tuis
pateris
de
Capellis
in
perpetuum
annectendis
ijsdem
,
sicut
discretione
praeuia
expedire
videris
,
augmentare
.
Reseruatâ
tamen
congruâ
Capellarum
Presbyteris
portione
.
Who
could
haue
done
this
?
Who
could
haue
deuised
such
a
tricke
to
elude
the
letter
,
and
frustrate
the
meaning
of
a
wholesome
law
,
but
he
which
is
the
Vicar
of
Christ
,
by
a
patent
of
his
owne
making
?
The
law
forbiddeth
a
Prebend
to
take
a
Parsonage
of
the
Countrey
;
because
they
being
two
Liuings
,
and
each
of
them
requiring
the
personall
residence
of
the
partie
,
were
incompatible
in
one
and
the
selfe
same
man
.
The
Pope
teacheth
them
how
to
auoid
this
inconuenience
,
by
making
the
Canonry
and
the
Parsonage
(
though
neuer
so
farre
distant
in
place
)
to
become
one
Benefice
,
by
vnion
:
as
if
the
personal
residence
,
which
the
Law
requireth
vpon
each
of
them
,
were
any
waies
procured
,
or
the
law
fulfilled
by
this
deuice
:
yet
it
is
said
by
a
certaine
Canonist
,
that
this
was
Optimus
modus
,
&
Prouisio
augmentandi
reditus
Canonicorum
:
and
I
confesse
as
much
:
But
could
there
haue
beene
a
more
Cut-throat
course
deuised
for
the
destruction
of
the
Parish
Churches
?
It
is
fit
there
should
be
such
Colledges
in
Cathedrall
Churches
for
the
vses
aboue
mentioned
.
True
,
but
let
them
haue
their
proper
maintenance
,
as
they
had
in
former
times
out
of
Temporall
lands
;
not
out
of
Tithes
which
properly
belong
to
the
particular
Ministers
of
the
Parish
Churches
.
For
as
Panormitan
very
well
saith
,
Institutio
Beneficiorum
fundamentum
suscepit
finaliter
propter
cultum
diuinum
,
Implicantem
Diuinorum
ministerium
deseruientium
in
diuinis
eo
loco
vbi
instituuntur
.
Worthy
therefore
of
euerlasting
memory
,
is
the
late
Action
of
our
Soueraigne
,
who
hauing
liberally
endowed
many
Bishopprickes
,
and
the
seuerall
dignities
and
Prebends
of
their
Cathedrall
Churches
,
with
a
large
and
ample
proportion
of
lands
in
the
North
of
this
kingdome
,
tooke
from
them
all
their
Parsonages
annexed
or
vnited
,
and
made
them
presentatiue
to
the
vse
of
particular
Incumbents
in
time
to
come
,
which
shal
thereby
be
enabled
to
reside
continually
in
their
seuerall
Parishes
,
for
the
instruction
of
the
people
.
But
we
must
now
take
things
as
they
are
.
Parsonages
therefore
are
vnited
or
annexed
to
the
dignities
of
Cathedrall
Churches
;
yet
with
a
Reseruation
of
a
conuenient
allowance
for
the
Vicar
,
as
is
before
declared
.
There
was
euer
little
difference
betweene
the
Monkes
of
Abbeyes
,
and
the
Canons
of
Cathedrall
Churches
:
The
difference
that
was
,
was
this
,
quod
Canonici
regulae
inseruiebant
laxiori
;
and
therefore
they
are
oftentimes
paralleled
in
the
law
,
and
what
was
ordained
in
the
one
,
was
commonly
propter
paritatem
rationis
extended
to
the
other
.
They
are
like
in
other
cases
:
they
are
twinnes
in
this
:
yet
as
the
state
of
things
now
standeth
,
the
case
in
hand
is
lesse
doubtfull
in
these
Canons
then
in
the
Successors
of
the
Monkes
;
and
the
Bishops
power
in
this
kind
is
(
if
not
greater
)
yet
more
apparant
ouer
them
,
then
ouer
the
other
:
Because
there
is
no
Act
of
Parlament
pretended
to
defend
them
from
his
Iurisdiction
:
no
Surrender
,
no
Title
of
the
King
,
no
imaginary
alteration
of
their
qualitie
and
nature
:
but
they
continue
the
same
they
were
from
the
beginning
.
The
law
then
requireth
,
that
euery
such
Dignitarie
should
haue
a
perpetuall
Vicar
instituted
by
the
Bishop
,
to
serue
in
the
Church
,
vnited
or
annexed
to
his
dignitie
.
For
so
saith
the
Decretall
of
Innocent
the
third
.
In
ipsâ
Ecclesiâ
parochiali
idoneum
&
perpetuum
hab●at
vicarium
canonicè
institutum
,
qui
congruentem
habeat
de
prouentibus
ipsius
Ecclesiae
portionem
.
And
hitherto
the
Case
of
these
men
is
all
one
with
the
Case
of
the
Monkes
:
but
there
followeth
a
Clause
which
maketh
the
Case
harder
with
them
then
with
the
Monkes
.
Alioquin
illa
se
sciat
authoritate
huius
Decreti
priuatum
,
liberè
alij
conferenda
.
By
occasion
of
which
wordes
the
Canonists
fall
into
a
fell
contention
among
themselues
:
Whether
in
default
of
presenting
a
Vicar
for
Institution
,
the
Prebendarie
be
ipso
iure
depriued
,
and
the
Parsonage
ipso
facto
made
void
:
Or
whether
the
Parsonage
onely
bee
voidable
,
and
he
to
be
depriued
by
the
sentence
of
his
Superiour
.
And
the
more
common
receiued
opinion
is
,
That
it
is
ipso
facto
voide
:
but
one
of
the
two
is
certaine
;
and
which
soeuer
it
be
,
the
case
of
the
Prebendarie
is
harder
then
of
the
Monke
:
for
out
of
the
Monkes
Benefice
,
the
Bishop
can
onely
take
a
sufficient
maintenance
for
the
Vicar
,
and
must
leaue
the
rest
to
the
Monke
:
but
to
the
Canon
or
Prebendarie
he
leaueth
nothing
at
all
.
If
there
bee
any
thing
left
aboue
the
Vicars
maintenance
,
the
Bishop
bestoweth
it
in
other
vses
;
and
that
not
onely
pro
illa
vice
,
but
also
so
often
as
the
Parsonage
shall
fal
voide
,
during
the
Prebendaries
life
,
to
the
ende
hee
may
neuer
reape
profit
thereof
,
after
neglect
once
committed
in
this
kinde
.
Againe
other
Patrons
haue
sixe
moneths
leisure
to
present
:
but
if
the
Prebendarie
or
Canon
shal
not
present
so
soone
as
with
opportunitie
he
may
,
the
Ordinarie
taketh
his
aduantage
,
and
presenteth
as
in
case
of
lapse
.
If
afterwards
the
Canon
shall
come
and
alledge
an
impediment
,
the
proofe
shall
also
lie
vpon
himselfe
;
wherein
if
he
faile
,
he
shall
neuer
be
relieued
.
Poena
enim
eo
ipso
committitur
quod
facultatem
habuit
Vicarium
instituendi
,
&
non
instituit
:
which
yet
is
to
be
vnderstood
if
the
neglect
be
apparant
and
notorious
:
Otherwise
it
is
fit
hee
should
be
summoned
,
to
shew
cause
why
not
:
and
if
hee
appeare
not
,
the
Bishop
may
informe
himselfe
summarily
,
and
so
proceede
.
For
it
beseemeth
not
a
reuerend
ouerseer
of
the
Church
,
to
do
any
thing
but
with
good
aduice
&
deliberation
;
but
aboue
all
things
,
he
must
take
heede
that
hee
seeme
not
to
lie
at
catch
for
an
aduantage
against
his
inferiour
fellow
Minister
.
The
reasons
giuen
of
the
rigour
of
the
Law
in
this
point
are
,
First
,
because
hee
deserueth
no
fauour
which
may
be
discharged
by
another
,
and
yet
is
negligent
in
that
also
.
And
secondly
,
because
Diuine
worship
is
herein
tendred
;
for
Immunitas
Clericis
concessa
propter
diuinum
cultum
,
eo
ipso
definit
,
quod
cultui
diuino
non
incendunt
.
But
the
question
may
be
made
:
What
if
the
Prebend
should
present
a
Vicar
in
due
time
,
but
yet
shall
not
make
him
such
allowance
as
the
Law
requireth
?
Whether
in
this
case
the
Bishop
may
proceede
to
priuation
as
in
the
former
;
or
onely
proceede
by
Ecclesiasticall
censure
,
as
in
the
case
of
the
Monkes
?
For
mine
owne
part
,
I
would
not
at
all
be
an
Author
,
nor
willingly
a
follower
of
rigorous
opinions
in
the
Law
.
But
the
wordes
are
these
;
Idoneum
&
perpetuum
habeat
Vicarium
canonicè
institutum
,
qui
(
vt
praedictum
est
)
congruentem
habeat
de
prouentibus
Ecclesiae
portionem
:
alioquin
illa
se
sciat
auctoritate
huius
Decreti
priuatum
,
which
clause
as
Panormitan
affirmeth
,
is
referred
ad
omne
id
quod
est
supradictum
,
&
therefore
must
of
necessity
touch
that
which
stands
next
vnto
it
.
Peraduenture
some
man
may
thinke
,
that
a
Vicar
is
not
necessarie
vpon
a
Benefice
annexed
to
a
dignitie
,
if
the
Dignitarie
himselfe
will
reside
vpon
it
.
But
wee
must
remember
,
that
from
the
beginning
they
were
not
ordeined
,
but
for
the
cause
aboue
mentioned
:
namely
to
reside
alwayes
in
the
greater
Cities
,
for
the
better
instruction
of
the
people
,
and
daily
assistance
of
the
Bishops
in
the
gouernment
of
the
Church
,
and
therefore
in
law
and
reason
ought
to
reside
vpon
the
Prebend
in
the
Citie
,
and
not
vpon
the
Benefice
in
the
countrey
.
And
this
is
the
resolution
of
Panormitan
vpon
this
Question
.
My
studie
is
not
at
this
time
to
put
all
the
Cases
,
and
to
dispute
all
the
Questions
which
are
made
and
mooued
by
the
Expositors
of
the
Canon
Law
anent
this
matter
:
onely
I
would
shew
,
That
the
Bishop
hath
as
great
a
right
,
and
as
absolute
a
power
ouer
the
Cathedrall
Churches
,
as
he
hath
ouer
the
successors
of
the
Monkes
:
and
that
therefore
hee
may
and
must
see
,
that
their
Churches
be
furnished
with
Perpetuall
Vicars
,
and
the
Vicars
competently
and
sufficiently
prouided
for
by
these
as
well
as
by
the
other
.
A
point
of
law
not
to
be
neglected
in
this
Kingdom
of
Ireland
,
where
there
are
many
Prebendaries
which
haue
no
perpetuall
Vicars
at
all
vpon
their
annexed
Benefices
:
and
more
,
which
make
their
Curats
so
small
allowance
,
as
the
Monkes
,
were
they
liuing
,
could
not
in
conscience
make
them
lesse
.
I
can
answere
for
some
of
them
,
that
they
cannot
make
them
much
better
,
&
reserue
any
thing
for
themselues
.
But
in
this
case
the
Law
is
cleere
.
Quod
primo
subueniendum
est
seruitio
Ecclesiae
,
secundò
indulgendum
necessitatibus
Canonicorum
.
Tolerabilius
enim
est
,
saith
Bowichius
,
vt
Canonicus
egeat
qui
habet
Curam
annexam
,
quàm
Vicarius
qui
illam
exercet
.
To
conclude
therfore
:
if
the
question
be
made
,
à
quo
haec
congrua
portio
peti
possit
,
wee
may
answere
as
Petrus
Rebuffus
doth
,
i.
Tam
à
Patrono
exempto
quam
non
exempto
,
Ecclesiastico
,
vel
religioso
,
vel
seculari
,
siue
sint
Monachi
siue
Canonici
:
&
sic
etiam
à
Capitulo
:
&
generaliter
ab
ijs
qui
Ecclesiae
prouentus
recipiunt
.
For
all
haue
robbed
,
and
all
must
make
restitution
.
The
Vicar
or
daily
Minister
of
the
Church
must
haue
sufficient
allowance
out
of
the
Tithes
of
his
owne
Parish
,
or
els
God
our
Father
is
dishonoured
,
and
our
mother
the
Church
wronged
.
As
for
those
allowances
which
are
now
made
,
as
good
none
at
al
,
as
they
.
For
the
mischiefe
which
cometh
of
these
small
Vicarages
and
Curateships
is
still
the
same
:
namely
the
vnlearnednesse
of
the
Ministerie
:
for
(
as
Panormitane
well
obserueth
)
Ad
tenuitatem
Beneficiorum
necessariò
sequitur
ignorantia
Sacerdotum
.
This
inconuenience
was
long
since
discoured
:
and
thence
it
was
that
Alexander
the
third
blaming
the
horrible
couetise
and
abuse
of
the
Monkes
,
which
allowed
not
aboue
the
sixteenth
part
of
the
reuenues
of
the
Benefice
,
for
the
maintenance
of
the
Vicar
,
addeth
this
as
the
cursed
fruit
of
so
vile
a
stocke
,
that
thence
it
came
to
passe
;
Vt
in
illis
Regionibus
penè
nullus
inueniretur
Sacerdos
parochialis
qui
vllam
vel
modicam
habere●
peritiam
literarum
.
And
Clement
the
third
vpon
the
same
occasion
saith
,
That
the
exempt
Monkes
,
left
so
small
a
portion
to
the
Vicars
,
that
they
were
not
able
to
liue
thereon
,
propter
quod
s●pe
contingit
,
quod
non
inueniuntur
personae
idoneae
,
quae
huiusmodi
Ecclesias
velint
recipere
;
sicque
frequenter
minus
idoneis
conferuntur
,
ex
quo
pericula
imminent
animarum
.
The
reason
is
plaine
,
for
Honos
alit
artes
.
We
may
flatter
our selues
,
and
say
,
That
men
ought
to
take
this
Calling
vpon
them
,
not
for
any
worldly
respect
,
but
only
for
deuotion
vnto
God
:
But
experience
hath
euer
proued
,
that
if
there
be
no
maintenance
,
there
will
be
no
Ministery
.
The
saying
of
Demosthenes
to
the
Athenians
,
is
sure
and
true
.
Neuer
looke
for
a
man
(
saith
who
to
doe
you
seruice
will
vndoe
himselfe
;
for
you
shall
neuer
finde
any
such
.
And
therefore
we
may
not
hope
that
any
man
will
set
his
sonne
to
schoole
,
and
traine
him
vp
in
the
study
of
Diuinity
,
vnlesse
there
bee
hope
of
wealth
and
honour
in
their
age
.
Now
from
want
of
learning
in
the
Minister
,
proceedeth
a
generall
decay
of
all
Religion
.
Whence
it
was
,
that
(
as
the
learned
Chiefe
Iustice
that
late
was
,
hath
obserued
le
decaie
des
reuenues
de
saint
Eglise
,
en
le
fine
sera
subuersion
del
seruice
de
Dieu
,
&
de
son
Religion
.
i.
That
the
decay
of
the
reuenues
of
holy
Church
,
will
one
day
be
the
subuersion
of
the
seruice
of
God
,
&
of
his
Religion
.
For
Plowden
in
his
Commentaries
sheweth
,
That
the
reuerend
Iudges
of
England
,
long
since
obserued
,
that
by
the
abuse
of
the
Monkes
,
in
applying
all
to
their
own
bellies
,
and
leauing
nothing
to
the
Vicars
,
which
yet
(
as
hee
saith
)
were
deuised
and
ordained
of
purpose
,
to
supply
the
defects
of
the
Monkes
,
and
others
in
the
ministery
&
seruice
of
the
Church
,
there
crept
in
many
abuses
:
and
hee
addeth
,
that
,
As
the
reuenew
of
the
Parish
Church
decaied
,
so
likewise
did
Preaching
.
And
this
was
the
cause
why
the
Emperor
Iustinian
was
so
carefull
,
that
the
number
of
his
Clergie
should
not
exceed
the
proportion
of
meanes
which
was
laid
out
for
their
entertainment
.
For
the
end
he
saw
would
be
the
beggery
of
the
Ministery
,
whence
could
not
choose
but
follow
the
ruine
of
that
holy
Order
,
and
consequently
,
a
finall
decay
of
true
Religion
.
We
neede
not
passe
the
Seas
to
seeke
for
proofe
of
this
assertion
.
What
is
so
poore
as
our
Clergie
here
in
Ireland
?
I
speake
not
of
our
Prelats
,
God
increase
it
to
them
,
and
make
it
ten
times
more
then
now
it
is
:
But
what
is
so
deformed
a
sight
as
the
face
of
our
Ministerie
,
which
consisteth
of
Curats
and
Vicars
,
is
?
But
withall
,
what
can
be
more
vnlearned
then
they
are
?
and
what
can
be
more
irreligious
,
or
lesse
vnderstanding
of
what
belongeth
to
God
and
godlines
then
the
people
is
?
which
could
not
be
,
if
there
were
men
among
them
to
teach
and
to
instruct
them
:
For
the
people
is
as
capable
of
instruction
as
any
other
:
and
where
they
come
to
be
informed
of
the
truth
,
are
as
zealous
thereof
,
as
any
Nation
in
the
world
.
This
mischiefe
is
great
,
and
the
iniury
and
iniustice
whence
it
proceedeth
,
is
no
lesse
.
For
wherefore
are
Tithes
giuen
,
but
in
consideration
and
recompence
of
preaching
the
word
,
and
ministring
the
Sacraments
to
those
which
giue
them
?
Is
it
a
great
thing
(
saith
Saint
Paul
)
if
when
wee
sowe
spirituall
things
,
wee
reape
carnall
things
?
Preaching
therefore
,
and
other
diuine
seruice
,
is
the
thing
in
lieu
whereof
the
Tithes
are
payd
vnto
the
Minister
.
And
our
Lawyers
affirme
,
that
Beneficium
non
debetur
nisi
propter
officium
.
What
Iustice
therefore
,
that
a
man
should
part
with
a
Tenth
of
all
that
God
hath
giuen
him
,
in
bargaine
to
haue
the
word
of
God
truely
preached
to
him
,
and
yet
be
defrauded
of
that
also
?
And
the
worse
is
,
that
the
greater
the
Parish
was
,
and
the
greater
the
charge
which
it
was
at
,
in
this
regard
,
the
worse
were
they
serued
,
and
the
lesse
respect
was
euer
had
vnto
them
:
for
euen
as
heretofore
,
the
whiter
the
Cow
,
the
sooner
she
came
vnto
the
Altar
;
so
the
fairer
the
Benefice
,
the
more
in
danger
was
it
euer
of
Appropriation
.
And
as
in
the
sacke
of
a
citie
,
the
fairest
of
euery
kind
is
soonest
made
a
spoile
vnto
the
souldier
:
so
in
that
Inuasion
which
the
Regular
Clergie
made
vpon
the
Churches
,
the
greatest
and
richest
Benefices
were
the
first
made
a
pray
vnto
the
Monkes
:
and
the
poore
Parishioners
,
in
stead
of
a
man
of
learning
and
wisedome
,
by
whom
they
might
be
taught
&
aduised
in
things
belonging
to
this
life
,
and
the
life
to
come
;
were
turned
ouer
to
bee
serued
by
them
,
which
were
scarce
worthy
to
serue
horses
.
This
saddle
was
put
vpon
the
peoples
backs
by
perswading
them
that
the
Pope
was
CHRISTS
Vicar
here
on
earth
,
and
by
vertue
of
that
office
,
had
power
in
himselfe
to
dispose
of
all
things
belonging
to
the
Church
.
The
Iesuites
goe
further
,
and
teach
,
that
he
is
Lord
and
master
of
all
together
.
But
the
Sorbonists
at
Paris
,
aswell
in
their
late
action
against
them
,
as
heretofore
in
the
yere
1429
in
the
case
of
Iohn
Sarrazin
a
Friar
predicant
;
and
at
sundry
other
times
haue
opposed
themselues
against
this
vnbridled
and
vnlimited
power
of
the
Popes
.
And
the
Churches
of
France
by
their
example
animate
their
Kings
and
Courts
of
Parliament
to
doe
the
like
;
&
to
withstand
their
vsurpation
,
which
neuer
tended
but
to
the
establishing
of
a
Monarchie
in
that
See
,
with
the
ruine
of
other
Churches
.
The
ends
which
the
Popes
pretended
in
these
Appropriations
,
were
,
Increase
of
Religion
,
and
Hospitalitie
:
what
good
Religion
hath
reaped
by
them
hath
beene
already
shewed
:
and
as
for
Hospitalitie
,
Plowden
saith
,
That
Impropriations
were
the
decay
thereof
,
especially
in
those
places
where
it
ought
principally
to
haue
beene
kept
,
that
is
,
in
the
Parishes
themselues
.
Had
we
liued
in
those
daies
,
no
doubt
we
would
not
haue
done
as
our
Predecessors
did
:
but
hereby
are
we
witnesses
against
our selues
,
that
we
are
the
Successours
of
them
which
did
such
things
:
we
haue
indeede
diuided
the
sinne
with
them
:
they
were
the
robbers
,
and
we
are
the
receiuers
:
they
tooke
from
the
Church
,
and
wee
enioy
it
,
And
I
woonder
,
that
following
their
example
,
we
doe
not
feare
their
end
.
To
conclude
:
If
this
course
be
legall
,
and
may
be
taken
for
the
better
maintenance
of
the
poore
Clergie
in
this
miserable
kingdome
,
well
and
good
.
If
not
:
God
grant
some
other
may
;
for
if
none
be
,
farewell
Religion
:
and
what
can
then
ensue
but
the
abomination
of
desolation
in
the
highest
places
of
this
kingdome
?
Which
GOD
forbid
.
FINIS
.