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 [Page 2] 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, [...]. Lib. Chronic. c. 17 v. 1. dum arca foederis sub aulaeis.

Neither is the cause of this her po­uertie, and extreme calamitie hard to be discerned: would God the remedie [Page 3] 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, [Page 4] 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, cōtent 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 Ʋniuersities, (which by a laudable custome of that Realme haue a right of Nomination to a Petr. Rebuffus Tracta. nomi­nat [...]num. third part of the Benefices therein, toge­ther [Page 5] with the Secular Clergie, and Lay-Patrons, finding no measure in them, nor other remedie against them) vse to appeale from them, as from abuses, to the high Court of Parliament in that Kingdome.

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 [Page 6] 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 Regist. Sancti Thome in le Breminghams Tour Dublin. of S. Thomas neere Dublin (a house of no very olde foundation) That in few yeeres after it was erected, it had pro­cured fiftie nine 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 [Page 7] 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 [Page 8] 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 [Page 9] 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 [Page 10] 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 them­wards, 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 [Page 11] 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 [Page 12] 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 [...] A [...]aritia. extra d [...] pre­ben [...]. de quibus certas Pensiones consueuistis percipere, portiones & antiquos reditus mi­norastis, quos nonnulli Clerici Ecclesiarum ipsarum habuisse noscuntur: Idcóque man­damus, quatenus, fi quas portiones, velan­tiquos reditus Clericorum fine consensu Ar­chiepiscopi vestri minuere praesumpsistis, ad integritatem pristinam reuocetis. From whence that appeareth to bee true which was said before: That in the be­ginning Monkes, and others were wont to reserue to themselues a pension one­ly out of those Churches which they held appropriated to their vses, leauing the grosse of their Tithes which were the proper ancient reuenue of the Church, to the Vicars or other Curats [...]. ad [...] extra de pr [...] ­b [...]nd of them. And so Panormitan vnderstan­deth [Page 13] this Decretall, and therefore sum­meth it in this manner: Religiosi reditus Ecclesiarum ipsarum diminuere non possunt, respectu portionis quae debetur Rectoribus Panormit. ib. seu vicarijs earundem; And a little after he saith, that the religious men could not increase their owne Pension, Nec possunt diminuere portionem solitam dari Rectoribus earundem Ecclesiarum: Some men I know, & among them Aufrerius a learned Canonist in his 109. Decision 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 [Page 14] 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 c. de Monachis Extra de pre­bend. qui vicarios Ecclesiarum parochia­lium ita grauant, vt hospitalitatem tenere non possint, eam prouidentiam habeas quod ad praesentationem eorum nullum recipias, nisi tantum ei de prouentibus Ecclesiae coram refuerit assignatum, vnde iura Episcopalia [Page 15] possint persoluere, & congruam sustentatio­nem habere.

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 [Page 16] 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 [Page 17] 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 C. extirpandae extra de [...] ­ben [...]. consuetudinis vitium in quibusdam partibus inoleuit, quod scilicet parochiali­um Ecclesiarum patroni, & aliae quaedam personae prouentus ipsarum, sibi penitus ven­dicantes, Presbyteris earundem seruitijs de­putatis relinquant adeo exiguam portionem quod ex eâ nequeant congruè sustentari; nam (vt pro certo didicimus) in quibusdam Regionibus parochiales Presbyteri, pro sua sustentatione non obtinent, nisi quartam [Page 18] quartae: i. sextam decimam decimarum. Cum igitur os bouis ligari non debeat tritu­rantis; sed qui altari seruit de altari viuere & debeat. Statuimus vt consuetudine qualibet Episcopi vel Patroni, vel cuius­libet alterius non obstante, portio Presbyteris ipsis sufficiens assignetur.

This Canon (as Panormitane in his Commentaries vpon the same saith) is Panormitan. ib. properly to bee vnderstood of those Churches, Quarum proprietas pertinet ad alium, i. The property whereof belon­geth to another, then the Vicar or Mi­nister of the place; which may, or ra­ther indeed must, be vnderstood, either of Monasteries to which they were ap­propriated, or of dignities to which they were annexed, or of laie persons, to whom they were giuen to be held in fee, as they are now held by proprieta­ries with vs, especialy in France thorow­out, and in some parts of Germanie, where Charolus Martellus (as the French Histories report, and no lesse appeareth [Page 19] 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 De [...] Ser [...] en son [...]ectaire de France. three hundred threescore and fifteene thousand men, not hauing wherewith else to reward and content his Armie for that daies seruice, gaue all, or the greatest part of the Tithes to them in fee for euer: yet in all these there was still a Vicar to be maintained, and a rea­sonable allowance to bee made for his entertainement. But because all these in their seuerall places tooke the whole reuenue of euery Benefice vnto them­selues, not allotting to the Vicar aboue the sixteenth part of the whole profits: by reason whereof sundry mischiefes grew vnto the Church: euery man pleading a custome, and that they had long vsed to pay no more. Therefore the Pope (who according to the course of those times, was reputed to haue so­ueraigne authority in cases of this na­ture) [Page 20] commanded all Bishops to root out this euill practise, and notwith­standing any custome belonging to a­ny Bishop, which held them peraduen­ture vnited to his table, or Patron which had them in fee, or any other, as Monkes, to whose vses they were ap­propriated, they should reforme this a­buse in themselues and others, within their seuerall iurisdictions, and cause a larger proportion to bee made vnto e­uery Priest or Vicar deputed to the ser­uice of the Church.

There was after this another Decree published by Clement the third, in these words. Sicut nobis tua fraternitas intima­uit C Si [...]t extra de [...]. Monachi quidam & Canonici Regula­res Ecclesias quae ad praesentationem eorum pertinent proprijs vsibus deputare nituntur; nec volunt ad eas, cum vacauerint vocare personas, &c. admissos ita pensionibus one­rantes, &c. Nolentes autem, vt status Ecclesiae debitus & antiquus per insolentiam alicuius subuertatur. Mandamus quatenus [Page 21] nisi a iurisdictione tua exemptae s [...]t Eccles [...] supradictae, praedictos excessus stu [...]eas rati­onabiliter emendare: Et nisi praedictae per­sonae infra tempus in Lateranensi Concilio constitutum, ad vacantes Ecclesias tibi per­sonas idoneas presentauerint, extunc tibi li­ceat, appellatione remota, in iisdem ordinare Rectores qui eis praeesse nouerint & pro­desse.

This Constitution suffereth some quarrell and dispute vpon sundry points. But for our present purpose, Petrus Rebuff. tra [...]t. de con­gr [...]. port. 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 [Page 22] 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 [Page 23] 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 c. Suscepti. de praebend. in sex­to. salubre remedium adhiberi, praesenti Decreto statuimus & mandamus Constitutionem hu­iusmodi, quoad omnes patronos Ecclesiarum, religiosos, tam exemptos quam non exemptos & alios, inuiolabiter obseruari, consuetudine contrariâ non obstante.

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 [Page 24] 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 [Page 25] 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 Ʋi­enne 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 aliquē per quamcunque personam Ecclesiasticam, ius C. Vt c [...]nst [...]. de Iurepatr. [...] Clemens. praesentandi habentem, ad aliquam Ecclesi­am admittant, nisi intra certum terminum competentem praesent antibus per Diocesanos ipsos praefigendum fuerit coram ijs congrua de prouentibus Ecclesiae por tio assignata.

And knowing wel by the experience of times past, what little effect a bare [Page 26] 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, [...]id. & in poenam praesentantium ad Di­ocesanos ipsos potestas assignationis huiusmo­di deuoluatur.

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 [...]id. Diocesanum faciendae Religiosos praedictos, [Page 27] & 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 C. Vnico de su [...]ple. neglige Praelato. in Clement. in non exemptis sua, in exemptis verò Apo­stolica authoritate negligentiam super hoc suppleant eorundem, Prioratus, Ecclesias, Ad­ministrationes, [Page 28] & Beneficia huiusmodi con­ferendo.

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 quo (que) 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 vpō them: which difference arose from a diuersi­tie of custome vsed among the Monkes. For sometimes (and that was the more [Page 29] 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 [Page 30] 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 [...] in v [...]ta C [...]ement. [...]. greatnesse, by reason of their wealth, reputation in warres, alliance with great houses, and populous fraterni­ties, which they had in euery corner of euery State and Kingdome, laide the traine to blow them vp in an instant; and combining with Philip of France and other Princes, caused them all to be surprised in a moment, and to be made away, some by massacre, and some by course of Law, laying to their charge Confederacie with the Sarazens, abnega­tion B [...]ason [...] Ar­ [...]. [Page 31] of Christ, secret rites, strange lusts, and other crimes, whereof, some say, they were not guiltie. A Mirrour for the Iesuites to beholde their greatnesse, and to foresee their ruine in. They are (as the Historian saith of Elephants) Li [...]. Deca [...] [...]. lib. 3. anceps Belluae genus, as likely to turne vpon him that vseth them, as to runne vpon them against whom they are v­sed. Henry the fourth, late King of the French, flattered them for feare, and could not thereby eschew their plots. And it is not long since that La Mar­teliere the Kings Attourney generall in Paris, in the case betweene the Vniuer­sity En son plai d [...]i [...] pour l' vniuer­site contre le [...] Iesuites. and them, deliuered in open Court, That they are so fortefied and cabled vp with the Graunts and Priuiledges of Gregory the 14. and other Popes, that now no gunne-shot or thunder of Ex­communication can make breach vp­on them; That sundry Popes of latter times haue sought to bring them into some order, but haue not beene able to [Page 32] preuaile. And lastly, that Aquauiua their Generall had at that present no lesse power and credit in Rome then the Pope himselfe. The saying is old and true, 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 [Page 33] 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 De congrua por­tio. nu. 103. de fructibus, & prouentibus huiusmodi pro vno vel duobus Vicarijs perpetuis Ca­nonicè instituendis congruâ portione, ex qua ijdem vicarij possint de caetero sustentari, iura Episcopalia soluere, & alia incumbentia onera commodè supportare, non obstantibus exemptionibus, priuilegijs, aut alijs quibus­cunque.

And againe. Reseruantes tamen de ip­sis In [...]rax. Beneficiaria [...] de Res [...]ript. [...]. fructibus & prouentibus Beneficiorum ipsorum, si Ecclesiae parochiales fuerint, pro singulis perpetuis vicarijs in singulis eisdem parochialibus Ecclesiis instituendis, portiones [Page 34] ex quibus dicti vicarij congruè sustentari valeant, & alia sibi incumbentia onera sup­portare.

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. Speculator [...]tit. de confirma. Ita tamen, quod perpetuo vicario qui pro tempore seruiet in eadem, ad sustentatio­nem suam, & subeunda episcopalia & Eccle­siae onera congrua portio de ipsius prouenti­bus relinquatur.

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 Panormit. ad c. de Monachis, extra de Prae­bend. those which haue Churches granted vnto them in proprios vsus, cannot by vertue thereof challenge the whole fruits vnto themselues, sed reditus tan­tum [Page 35] superfluos, detracta prius congruâ por­tione pro Vicario seu Rectore ibidem insti­tuendo. So that if there be sufficiencie for both, each may haue a share: but if one must goe without, in all reason, the daily waiter ought to be first prouided for. And because there are many things ordained in the Canō law which yet are not receiued for Canons, nor obeyed as lawes in all places, therfore will I shew vnto the world, that the practise of our Bishops of England and Ireland in for­mer times agreed with this very praescript and Rule of the Canon Law. For I haue seene the extract of a certaine Impropriation bearing date Ann. 1387. made by the Bishop of Sarum of the Rectory of Erchford to the Abbesse and Couent of Saint Maries in the Citie of Winchester, running in this maner. Saluâ portione pro Ʋicario dictae Ecclesiae hacte­nus assignata, & per nos propter eius exi­litatem & insufficientiam, & alias causas legitimas moderatè augmentanda, praefa­tam [Page 36] Ecclesiam Parochialem de Erchford, &c.

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 Ʋicario ibidem Domino seruituro, congruâ portione, ex qua idem vicarius commodé valeat sustentari, [Page 37] 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 Ʋicari­orum 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 Regastrum St. Thoma in i [...] Breminghams Tour Dublin. to the Abbey of Saint Thomas [Page 38] neere Dublin, and is to be found in Bre­minghams Tower in Dublin, wherein (among other Records) there is one fol. 50. which beareth this title. Ordinatio portionum Ʋicariorum in Midia. By the tenor whereof, and by that which fol­loweth it appeareth; That vpon con­trouersie mooued betweene the Bishop of Meath on the one partie, and the Abbat and Conuent of Saint Thomas of Dublin on the other, which held many Benefices in that Diocesse, and made small allowance to the Curats, The Pope directed his commission to cer­taine Delegates in Ireland, to heare and determine the case betweene them. The Bishop alleadged among other things, That whereas they by law could not serue the cure of those Pari­shes themselues, yet they would not pre­sent their Vicars for institution, nor suf­fer him as Ordinary to taxe the Vica­rages. The Monkes in their answere re­plied, That those Churches were pas­sed [Page 39] to them pleno iure, without any such reseruation of Taxing by the Bishop, and that they had so held them time out of minde, with the knowledge, and without impeachment of the Bishop, and thereupon pleaded a praescription in barre of the Bishops iurisdiction. Notwithstanding all which, the Dele­gates ordered, that the institution of Vicars in those seuerall Churches, and the taxe of their allowance, should be left to the discretion and arbitrement of the Bishop: who thereupon (the Abbat submitting himselfe and his Co­uent to the order) proceeded in this manner. Ordinamus quod in Ecclesia de Rathtoth ordinetur vicarius, cui vicaria assignetur, ad aestimationem quindecim Mar­carum. And so goeth forward, crea­ting many other perpetuall Vicars in seuerall Parish Churches, and making them certaine allowances by way of taxe, which remaine vnto this day. Neither doe I doubt but that vpon diligent search made in such like li­ger [Page 40] bookes of other dissolued houses ma­ny more examples and precedents of like nature might bee found. But by that which hath beene said it may suf­ficiently appeare, That this power of ordaining Vicars in these appropriated Benefices, and taxing the rates of their allowances, is so fast nailed to the Bi­shops See, and so inherent in his per­son, that no priuiledge, no exemption, no prescription, is able to dispossesse him of it.

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 [Page 41] 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 D. C. sicut de supple. neglige. Prelatorum. vt status Ecclesiae antiquus & debitus per insolentiam alicuius subuertatur Manda­mus, &c. And Innocentius giueth this as a lesson. Episcopus nunquam debet con­sentire Innoce. ad D C. de monachis ex­tra de praebend. quod red [...]tus soliti Clericorum mino­rentur: & nisi ita prouideatur, quod hospi­talitatem seruare possint, & de iuribus E­piscepalibus respondere. And therefore a­nother Rebuff. de con­gruâ portio. nu. 104. learned Author also saith; Non potest Episcopus, vel alius donare vnius Ec­clesiae temporalia Monasterio, vel alteri in de­structionem & praeiudicium, primae Ecclesiae; nec vnum altare d [...]scooperire, vt alterum cooperiat.

And to make this cleere by particu­lar cases in the Law: Commendams (which, though not vtterly and in all [Page 42] cases to be condemned, yet Rebuffus, seeing the great excesse and abuse of thē in the place where he liued, calleth Pernitiem & exitium totius Reipublicae Rebuff Prax. Benefic [...]tit. a Common. Christianae, because they are neuer gran­ted, but with some nuisance to the Church) were anciently wont to passe with this clause. Volumus autē quod prop­ter Rebuff. ibid. huiusmodi Commendam, diuinus cultus et solitus Monachorum & ministrorū, numerus in dicto Monasterio nullatenus minuatur, sed illius & illorum congrué supportentur onera consueta; De refiduis vero Monasterij fru­ctibus & reditibus & prouentibus dispone­re & ordinare libere & licitè valeas, &c.

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 Panorm. ad d. [...]. de monachis. such clause were expressed in fauour of him; yet the Law of a Commendam will giue the Commendatarie no more, then the remainder of the fruits, after the Vi­cars allowance made, and other neces­sary [Page 43] charges borne, and duties paied: whereof he maketh bold to put the Bi­shops and Cardinals in mind; and ioy­ning these Commendataries with Proprie­taries, saith, that neither of them both Potest immutare statum Ecclesiae; vnde debent facere deseruire, per Clericos seu nu­merum Clericorum consuetum, & hospitali­tatem ibi more solito seruare. Againe, the Bishop or other Visitor is so rooted in Law for the receiuing of his procurati­ons due for visitation, that no custome, no Grant of Predecessor, nor ought else, but a priuiledge from the Pope, which was a Transcendent aboue all right and reason, could take it from him; yet in case that by any occasion the profits of the Benefice come to bee diminished, the Bishop must either in part or in whole forgoe them, and take as the Church is able to spare them. Et pro modo facultatum Ecclesiae (as Ludouicus Ludouic. Rom [...]. Consil. 369. Romanus saith.) And Hostiensis affir­meth, that in this case the visitor must [Page 44] 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 C. [...]. extra de [...]ensibus. to bee payd out of the same Endow­ment: Notwithstanding, if by any accident the other reuenues of the 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 [Page 45] 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 [Page 46] 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 Extra de pri­uileg. post facto incipit enormiter esse nociuum, saith the Law.

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 C. Statuto. de decim [...] in sexto Concessiones decimarum, parochiales Ec­clesias [Page 47] 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, alia (que) 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 [Page 48] 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 belōgeth 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 [Page 49] 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 [Page 50] 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 [Page 51] 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 De offic. Vicar. Vicario assignatis, Index ei de aliis proui­dere debet. And Rebuffus. Si portio fuit destructa & extincta bello, vel alio casu, De congr. port. & adhuc fructus sufficientes remanent apud Rectorem vel Patronum, eo casu adhuc iterum perenda est congrua portio instar illi­us qui legitimam consumpsit, vt de filio pro­digo est in Euang [...]lio.

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, [Page 52] may also come in for his interest, by way of assistance vnto the Vicar, Rati­one Felinus ad C. G. Vi [...]arius ex­tra de fide In­strument. praeiudicij quod sibi ex contrario euentu litis possit irrogari, cum perditis bonis Vi­carii, oporteret prouideri de aliis bonis Ec­clesiae.

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 [Page 53] 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 Tēporarie, 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 [Page 54] 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 Hostien. in summa. de [...]ffic. Vicar. many others, putteth this for one. Item habet ius petendi congruam portionem de re­ditibus Ecclesiae, cui seruit si minus idoneam habeat. The Action which he is to bring is called, Actio secundum Canonem; and an­swereth to that which we call an Action vpon the Statute; and is then brought, [Page 55] 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 exceptiō: 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. [Page 56] 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 Iohan. Andrae­a [...]. ad c [...]fin ex­tra, de Rebus Ecclesiae non a [...]enand. of them: That,

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 [Page 57] 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 [Page 58] 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 [Page 59] 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 Ʋicarage, 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 [Page 60] 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 vpō his [Page 61] 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 frō the poore Vicars lawful claim, & from the ordinary Iuris­dictiō 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 [Page 62] 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 [Page 63] the Vicars fell into hereby, prouided for them by a Statute Anno 14. Edw. 3. cap. 17. wherein it is ordained, That Vi­cars An 14 Edw. 3. cap. 17. may bring their Writs of Iuris v­trum, or recouer by any other Writ as­well as the Parson might. And this was it which not long after, namely Anno 40. of the same King, in a Case reported Term. Trinitat. Cas. 15. fol. 28. 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. Abridgement. tit. Vicars. And consequently it was then taken to be cleere in Law. And as touching the Iurisdiction of the Ordinarie in pro­uiding for the Vicars maintenance, Belknappe in debating the same Case v­seth these wordes: 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, [Page 64] 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 [Page 65] 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 [Page 66] 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. 4. Hen. 4. [Page 67] It was ordained, that the Statute of 15. Rich. 2 should be kept, and put in exe­cution. And that Appropriations made since that Statute, contrary thereunto, should be reformed by a certaine time, or else be void: And that from thence­forth in euery Church so appropria [...]ed, a Secular person should be ordained a Vicar perpetuall, canonically inst [...]tu­ted, and inducted in the same, and con­uenably endowed by the discretion of the Ordinarie, to doe diuine Seruice, and to informe the people, and to keep hospitalitie there, with other conditi­ons and limitations there expressed.

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 [Page 68] 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 [Page 69] 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. [Page 70] 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 [Page 71] by the ouerflowing Deluge and Inun­dation of Ʋnions 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 [Page 72] 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 [...]7. & 31. H. 8. 1. Edw. 6. 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 [Page 73] 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. [Page 74] 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 [Page 75] 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, [Page 76] appeareth plainely by a Case of the 11. of the late Queene, reported by Dier. 11. Elizabeth. Dier. Where a Prior of a late dissolued house of St. Iohn of Ierusalem, had long before the dissolutiō, 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. [Page 77] 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, [Page 78] 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 [Page 79] 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 [Page 80] 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 Ʋicar, 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, [Page 81] 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) Bartol. ad l. si debitor. ff. Qui­bus modis pigh. vel Hypols. sol. 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 [Page 82] 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 [Page 83] 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 Ʋicarage 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 [Page 84] Case of Lapse and Deuolution: and ge­nerally hee had a right and power in himselfe, to taxe the Benefices in fauour of the Ʋicars, 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.

[Page 85] 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 Lay­men. 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 [Page 86] 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 [Page 87] 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 Ʋicar of that small meanes which the Law affoorded him, by quar­relling the Bishop vpon this point of Iurisdiction, rather then vpon any o­ther. [Page 88] 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.

[Page 89] 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 [Page 90] 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, [Page 91] 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 Ʋicarages into the Kings hands. Vpon which Sur­render of theirs, the King was enabled [Page 92] 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 Ʋicar, 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 Ʋicar; 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 [Page 93] 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 [Page 94] 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 [Page 95] 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 [Page 96] 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 [Page 97] 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 Ʋsus, from [Page 98] 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 Ad c. de M [...]na­chis extra de Praebend. Rectoris ex tali concessione. If then the Monkes had by vertue of such Grant, onely the presentation, it is manifest, that the Institution was still reserued to the Bishop. And that in this case the Vicar ought to be perpetuall, and to receiue Canonicall Institution from the Ordinarie, appeareth by all [Page 99] those Canons which I haue formerly alledged for proofe of the Vicars por­tion. So doeth it also, and more plaine­ly, by a certaine Decretall of Boniface the 8. where he saith, Presbyteri qui per Monachos in earum Ecclesiis praesentantur Tit. de capell. monachorum: in s [...]o. Episcopis, & instituuntur ab ipsis, cum de­beant esse perpetui, consuetudine vel Statuto quouis in contrarium non obstante, &c And the Pope was wont in his Grants of Appropriatiō, alwaies to adde a clause of reseruation of maintenance, Vicarijs Canonicè instituendis. By which it is eui­dent, That all Appropriations made Quoad temporalia, or in proprios vsus, ought to haue a Perpetuall Vicar, which is to receiue his Canonicall Institution in forme of Law, from the Ordinarie. Of this sort are almost all the Appropria­tions of this Kingdome which haue lighted into my hand: and thus they passe. Salua sustentatione Vicariorum: sal­uo iure Episcopi: in vsus suos proprios con­uertant. And many times, as namely in [Page 100] an Appropriation which I haue seene of the Rectory of Ballrouthery, made by the Archbishop of Dublin to the Prior and Couent of Kilbixi, together with the erection of the Vicarage and main­tenance saued to the Vicar, this right of Institution is reserued by expresse termes to the Bishop, and the Presen­tation onely left vnto the Prior; so that this kinde of Appropriation cannot warrant the Proprietaries to collate the Curateship as now they doe, and send their Curate for a Licence to the Bi­shop. But they are to present, and the Bishop is of right to grant him In­stitution, as well for the title of the Benefice, as for the Cure of soules: And no marueile: For besides that our Sa­uiour in the beginning taught vs, 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 [...]1. q. 2. s. vlt. Ecclesiae committantur: A precept worthy [Page 101] 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 [Page 102] inclinati, vt sicut hactenus, sic & in poste­rum Registr. Sancti T [...]ne [...]n Bre­minghans [...] Dublin. possitis in dictis Ecclesiis, per huius­modi Canonicos & Capellanos vestros fa­cere deseruiri, nec vobis inuitis taxari va­leant Vicariae, seu Vicarij perpetui institui in ijsaē, auctoritate Apostolica indulgemus, &c. Si quis autem contra attemptare praesum­pserit, indignationem Omnipotentis Dei, & Beatorum Petri & Pauli Apostolorum eius se nouerit incursurum, &c.

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 [Page 103] 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 [Page 104] 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 [Page 105] 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 [Page 106] 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 C cum & plan­tare: extra de priuilegij. C. in Latera­nensi. [...]od. said, In Ecclesiis vero suis, quae ad eos pleno iure non pertinent, instituendos Presbyteros Episcopis repraesentent. By which it is implyed, that if they held them pleno iure, they could not bee compel­led to present. And in another place it is said, Praemissa vero intelligimus de bene­ficijs [...] praelato [...] s [...]xt [...]. quae non sunt de mensa Praelatorum ip­sorum, sed speciales Rectores habere consue­uerunt: [Page 107] by which it appeareth, that they had no certaine Rector nor perpetuall Vicar; but were serued by a Chaplaine. And the Clementine, in the Title De ex­cessu Praelatorum, blameth the Bishops for troubling the Monkes in this point, De exess [...] prae­lato. in Clement. as if vpon the death of their Stipendary Curates the Benefices had fallen voide, Quanquam ipsae per hoc Ecclesiae in veritate non vacent, saith the Law. The ordina­rie Glosse vpon this place is famous, and Gloss. ib. all after-writers referre themselues vnto it: where the question being put, What were those Churches which might pro­perly bee sayd to bee De mensâ Praelato­rum? The answere is, Quod illae, quae sunt mensis eorum vnitae, in tantum quod Rectorem, vell vicarium perpetuum non habeant, alium quam illum cui facta est annexio. And the Doctours of the Audience in Rome, vpon a case pro­pounded, make this difference be­tweene an Appropriation and an vni­on. Cum Ecclesia conceditur alicui Mona­sterio [Page 108] pleno iure in temporalibus, tunc Epis­copi Rola in nouis. debent instituere Vicarium perpetuum: vbi vero vaitur mensae Episcopali, vel Ab­batiali, & spectant ad illam pleno iure tam in spiritualibus, quam in temporalibus, tunc ponetur in ea Presbyter temporalis, ad nu­tum remouibilis, ad exercitium Curae, quae principaliter residet in eo, cuius mensae est v­nita And Rebuffus following the same steppes, and speaking of a graunt of a Benefice, made by these words, pleno iure, vel vtroque iure, addeth this ex­position. Per hoc intelligitur quod tam its Rebuff. de con­grua portio. temporalibus, quam in spiritualibus iurisdi­ctionem habent, & in ijs Ecclesis constitu­untur, Vicarii temporales ad nutum reuoca­biles, quibus non prouidetur de congrua por­tione. And lastly Ranchinus, in his an­notations vpon 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, [Page 109] 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 [Page 110] this point, giueth this caueate in the end. Sed nota & signa mente quod Zabarel. ad lit. d [...] s [...]pple [...]. neglige [...]. Traeiat hoc ita procedit si Abbas ibi collocat vnum de suis Monachis, secus si saecularem; de­bent enim Beneficia esse perpetua; & hoc non reperitur esse permissum in saecularibus. Wherefore seeing that now all those Churches are parochiall, and the Cu­rates secular, it followeth, That the Proprietaries are now to present their Clerkes, as their Ancestors the Abbats were bound to doe in the like case: for, Res redijt in eum casum, vnde incipere non potuit: There are at this time with vs no Monkes in being: there­fore the Vicar must now of necessity be secular; and beeing secular hee must be also presentatiue and perpetuall; for so the law ordaineth. And it is farther to be obserued, That those very Monks, could not serue the Cure in a Church remote from the Abbey. For the La­teran Councell, forbad Monkes to bee appointed and placed, as Curates in Pa­rish [Page 111] Churches about the Countrey: And Ʋrban the third ordained, that In Ecclesiis vbi Monachi habitant, populus per monachum non regatur. So that neither as Curate in Churches remote, neither yet as Rector, in the very Parish wher they dwelt, could a Monke be imployed: onely in those Churches which were neere adioyning to their Monasteries, where they might sing Masse in the morning, and returne to their Dorter at night, they were permitted to serue; and these were commonly vnited to their Table, and none other. And this is the cause why Archidiaconus, a Father amongst the Canonists, saith, that Ec­clesia, si vicina est, regitur per Priorem & capitulum: si vero remota est imponetur ei census, & ponetur in ea Presbyter per­petuus. For in processe of time, the Monkes finding that these vnions to Archidiacon. ad C. cum singulis de prebend. & dignit. in sexto their Table, were more priuiledged in this point, then others, procured Bene­fices farre distant also, to bee vnited to [Page 112] their Tables: And therefore the Popes of later times, in granting or confir­ming these vnions, were wont to make the like reseruation, as in other ordina­ry Appropriations, as Rebuffus testifi­eth. And againe, in ordinary Appro­priations, if the Benefices lay neere vn­to the Abbeies, the Bishop was wont to winke at it, and to suffer them to dis­charge the Cure by some one of their Monkes, or other stipendary Curates, as if they had beene mensall. I mentioned before a certaine contention, which fell betweene Richard Bishop of Meath and certaine Monkes; vpon whose Ap­propriated Benefices, he placed perpe­tuall Vicars of his owne authority, and made them allowances at his owne dis­cretion: yet did he not vse this right and power on all, but onely vpon twelue; yeelding this reason of his act, Because those twelue were farre off from the Abbey, and lay neere the high way, where it was necessary that some kept [Page 113] residence for the receiuing of Pilgrims and strangers, that were to passe that way: The rest hee forbare to taxe, be­cause they lay neere vnto some Grange of the Abbey: And therefore if any came thither for hospitalitie, they might aswell repaire vnto the Grange it selfe, there to bee receiued: which cause of toleration (how good or bad soeuer it were) now ceaseth in our Pro­prietaries, because they will not make their houses Innes for trauellers as the Abbats did: wherefore as they can pre­tend no better right then the Abbats had, so they may not in discretion challenge the like sufferance of the Bi­shop as they found.

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 [Page 114] 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 [Page 115] doeth, and is therefore reckoned by the Orator, inter grauissima vitae onera. Tullie. de sene­ctu. And it is certaine, that there is no one thing which doeth more depresse and keepe downe the minde and rising spi­rit of a man, from aspiring to any high inuention or conceit of learning, then that doeth:

‘Nam si Virgilio puer & tolerabile deesset I [...]enalis. Hospitiū, caderent omnes à crinib Hydrae: Surda nihil caneret graue buccina:—’ 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 [Page 116] 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. [Page 117] 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.

[Page 118] 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 [Page 119] 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 [Page 120] 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 [Page 121] 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 [Page 122] 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 [Page 123] 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 [Page 124] 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 [Page 125] thought of the sufficiēcy 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 [Page 126] 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.

[Page 127] 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.

[Page 128] 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 [Page 129] 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 cōceiue the same to be: For I haue shewed before, that not only the high Court of Parliament, but also the reuerēd 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 [Page 130] 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 [Page 131] 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 [Page 132] 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 [Page 133] should haue any Temporall lands be­longing to them, talking of Clergie­men 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 frō aliening the reuenues of their Churches) then be­gan they to cast abroad their eyes, and to reach out their hands vpon the poore [Page 134] 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: [Page 135] Si euidens necessitas, vel vtilitas exi­gat, Prebendas Ecclefijs tuis pateris de Ca­pellis in perpetuum annectendis ijsdem, ficut 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 Ʋicar 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 [Page 136] 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 [Page 137] 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 Ʋicar, 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 [Page 138] 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.

[Page 139] 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 [Page 140] 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 Ʋicarium institu­endi, & non instituit: which yet is to be vnderstood if the neglect be apparant and notorious: Otherwise it is fit hee [Page 141] 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 diuinū 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; [Page 142] 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 [Page 143] 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 [Page 144] 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 [Page 145] 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 [Page 146] 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 [...]. he) 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 sieur Ed. Coke, en Eues (que) de [...]inchesters case out of the Ecclesiasticall Historie) Iulian the Apostata hauing a purpose wholly to [Page 147] ruine the profession of Christianity, from which himself was by transgression fallen; vsed not the sword (as Dioclesian and others did) but tooke away the means of the Cler­gie; knowing well that if those once failed, the number of the Preachers would not long continue. And that Prophecie of his wil no doubt one day befulfilled, where he saith, That 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 Cōmentaries 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 [Page 148] 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 [Page 149] 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 [Page 150] 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 vpō 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 [Page 151] 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 [Page 152] 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.