LOCƲTƲM fuisse poenituit ali­quando, siluisse nunquam, Simmidis di­ctum apud Plu­tarch. de tuen­da Valetud. said one, and truly, it being re­ferred to unseasonable and inconsiderate speaking; else the Wise-man Salomon will teach us ano­ther Lesson, That as there is a time to be si­lent, so is there also a time to speake; Eccles. 3.7. and whosoever shall spare either Tongue or Pen, when in probability he may doe good, omits a necessary duty, and doubtless incurs deserved blame. How neerly this Case did once reflect upon my self, they [Page 2]best know, whose opposition to pay­ments (just as I conceive) hath stirred me up to strive [...], (as they wont to say) to the uttermost of my power, as well to give them satisfaction that pay, as to procure ease to those that receive. An opinion hath of long time possessed some of the Clergy, That Procurations are only due Ratione visitationis, and that without respect unto such Act of Visiting, no de­mand, of that nature, can be in Consci­ence warranted or payment by Law en­forced, and therefore Arch-deacons to be excluded in the years of Episcopall Visita­tions: Upon this mistaken ground (for so I take it) suits have formerly been com­menced, and much time and money spent, and yet the point remains unsatis­fied, the Clergy (most of them) pay­ing this due (whilest the same was paya­ble) to the Arch-deacon (especially in the Lordbishops Triennials) with a kind of re­luctancy, mixta voluntate, as I may say, and many desiring [...], a time to de­liberate. The ttuth is, and I finde it so, [Page 3]That payments, how necessary and just so ever, yet are they not at all times pleasing to those upon whose shoulders they lie; they being of such a nature as to the na­ture of man is unpleasing, to wit, burthen­some, mainly opposing the principall ob­ject of the natural desire, [...]. Theogn. sent. namely Ease and Liberty. They are in the Law called One­ra; and by so much the more Onerosa burdenous and unpleasing they are, by how much the more the reason to evidence the true ground and originall cause of them is unknown to some that pay. To lighten therefore this Load, what I may, and for the ease of such as being pressed with the burden of their Ministerial functions, and Ecclesiasticall imployments; their thoughts busied and their Studies taken up and conversant in the Sphere of higher speculations) have not leisure to look into things that move in a more inferiour Orb: I have put my self forward (but to speak truth actus eg [...]) to search into the nature of some of those Church-payments, and dues Ecclesiasti­call, [Page 4]namely Procurations, Synodals, and Pentecostals, and have endeavored to find and discover the true reason of their pay, begun so long agoe in the Church, and continued to this day; which how far forth I have performed in this little Tract I leave to the judgement of the judicious Reader; Euripid. in He raclid. pa. 287. reflecting upon my selfe, and seriously wishing in this particular taske, what the servant in Euripides wished to old Iolaus ( [...] saith hee) that I also were as able to perform, as I have been willing to undertake the same; however I proceed, and begin with Pro­curations. In the handling of which point I shall necessarily fall upon the severall enquiries following, namely, First

• 1 What a Procuration is, Whence so cal­led, And how, And in what manner it was anciently paid?
• 2 Whether due ratione Visitationis?
• 3 Whether only, so due, and no otherwise?

Concerning the first, we have two [Page 5]things to consider of, to wit, the quid no­minis, and the quid rei. For the quid nominis, I have not found much written, somwhat I have; That the word hath its derivation a Procurando, there is no doubt of that, but procuring what, there is the [...].

Whether it should be for procuring the Visitor to come to each particular Church in his own person, and to Visit Ecclesiatim, 10 q. 1. c. E­ [...]i c [...]pum. E. concil. Toletan. 4. ca. 35. per cunctas Dioeceses parochias (que) suas, which was the ancient custome; Or from procu­ring of him to come to a certain place in severall Divisions or Deaneries, where the Clergy within the said distinct Dea­neries were to give meeting, as now they doe, they being overcharged with his coming home to them; each man may please himselfe with his own opinion? For my part, I cannot satisfie my self with either of them. My reason against the for­mer is; Visitation is a principall duty that belongs unto every Bishop (derived from the Apostles, who were Visitors, Act. 15. Act. 16. and did pertransire Ecclesias & Ʋrbes) it sticks in his very name [...], which comes from a [Page 6]word that signifies to Visit [...], So also from [...] to visit co­mes [...], a Bi­shop. and is frequently used in that sense, not only in the Scripture, but also by Ecclesiasticall and Prophane Authors, obvious every where to be met withall. Episcopus deb [...]t visitate singulis annis Parochi­am, nisi dimit­tat propter gra­vamen Ecclesia­rū, & tunc mit­tat Archidia­conum, &c. Ab. Sic. su [...]er 2.1. de Ossi [...]. Ar­chid. c. ut Ar­chidiaconus. 10. q. 1. c. Decrevi­mus &c. Epis­c [...]pum. 2 Coke. 15. D. Spelman. Concil. pa. 238. Now to pro­cure the Visitor by way of stipulation and contract, to doe that which by his calling and place, either in his own person, or by others (himself being hindred) he ought to doe, is a plain [...], and stands with no reason or congruity, if I may judge.

And as weakly built (if I mistake not) is the other opinion, to wit, That Procura­tions should have their denomination from pocuring the Visitor to come to a certain place in every Deanery or Divisi­on, whereas it is evidently manifest, Ext. de Censibus c. Cum Apostolus &c. Foe icis re­cordationis eod in 6. that the word Procuration was then used when the Visitor visited Ecclesiatim, as may be seen in divers Chapters in the Canon-Law.

Another reason then is to be sought for to give the word its true genuine inter­pretation, as it relates to the present busi­nesse; [Page 7]and that is, not from procuring the Visitor by way of contract to come; no, but from procuring of victuals for him and his attendants, when they come in Visitation. Thus it was, and this in­deed comes neer unto the nature of the word Procurare, (which among other sig­nifications it hath) signifieth to nourish, and to make provision in diet for; Dua [...]en. de sa­cris, Eccl. Mi­nister. & Bene­fic. l. 7. c. 5. Hoc autem munus ideo Procuratio vocatur quia Eccle­siae Episcopum Procurant, id est Curant, alunt ac tuentur; sicut pueri dicuntur Procurari a Nutricthus & equus a Domino apud Plautum & al [...]os Authores Latinos qui propriè & emenda­tè locuti sunt. Thus Duarenus: But here now comes a Cloud in our way that must be a little cleer'd before I goe farther, lest I should hold the Reader (the Reader I say unversed in this study) too long in a mist of suspense. And objection may be made thus. Were victuals antiently the Visitors pay, for and in respect of Visitation? why then doth the second Councell, Concil. Bracar. 11. Can 2. Concil. Toleta­num 7. Con. 3. held at Bracar, above a thousand yeares agoe, and the seventh Councell held at Toledo in [Page 8] Spayn, a little after, expresly forbid by their Canons, That no Bishop per suam Diocesim ambulans, should receive ought from the several Churches within his Dioces, Prae­ter honorem Cathedrae suae, that is to say, two shillings; 10. q. 3. ca. inter caetera [...]bi glossa in c [...]su. To this I answer, out of the Glosse upon the Decree where the Canon of the seventh Councell at Toledo is recited. The Case there is This. The Bishops of the Province of Gallicia, when they visited their Diocesses, hardly pressed upon their visited Clergy: Bringing with them a great Train of attendants (100 vel 200 Equitatu­ras) and exacting from them not only, ultra duos solidos pro Cathedratico, but also costly provision in esculentis & poculentis; upon complaint made of this grievance the Councell decrees a moderation in the money receipts (Ne ultra duos solidos exigant pro Cathedratico) and for the number of Attendants they are reduced to fifty at the most, and the time of their stay at each Church limited to one day, and no more, So that this Canon is no bar at all to our Procuration payment in money now, 'tis I [Page 9]dare boldly say a meer [...], a very no­thing to that purpose: For it was many years after this time that money had war­rant to pass for visitation Procurations, as I shall hereafter, God assisting, make e­vident: so that the Objection being an­swered, and the Quid nominis in some sort explained, I proceed to enquire, desirous more exactly to know what a Procurati­on is in the Quid rei. Vallens. Para­tit. de censibus, §. 3. And to this enqui­ry Vallensis makes answer, and tells ut that it is Necessariorum sumptuum exhibitio quae ra­tione Visitationis debetur ab Ecclesia, vel Mona­sterio ei cui ex officio incumbit jus & onus Visi­tandi, sive is sit Episcopus, sive Archidiaconus, sive Decanus, sive Legatus summi Pontificis. I hus Vallensis; and well for the ground of this Procuration due, but not fully e­nough for the growth thereof, there be­ing now other reasons not included with­in the circumference of this description, that inforce the payment of Procurations without visitation, as I shall in the pro­secution of this discourse (I doubt not) make appear. Wherein for further expli­cation [Page 10]of Vallensis his description, I shall be bold to assert that the Quid ret of visita­tion Procurations in ancient time, this exhibitio necessariorum sumptuum was victuals. In the Councell of Lateran (I doe not mean the great General Councel under Innocent, the Third, but that other under Alexander the Third, Exe. de Censi­bus c. Cum. A­posto [...]u [...]. somewhat above 30. years before, and about the year of our Lord 1180.) Visitors are directed so to proceed in the dispatch & execution of their Visitations as those that minded not their own things, sed quae Jesu Christi. And it follows there, Nec sumptuos [...]s epulas quae­ [...]ant, sed cum gratiarum actione recipiant quod honestè ac competenter illis suerit ministratum. Thus there: so in the Sext there is a con­stitution made by Innocent the 4. (who came in Pope, Anno 1243.) and ratified af­terwards by a General Councel held at Lions in the time of Gregory the Tenth, a­bout the year 1273 peremptorily; C. 1. §. Procu­rationes, &c. [...]xigit [...]od in 60. & [...]bi Glossa in [...]. (yea sub poena maledictionis aeternae) forbidding the re­ceipt of money in lieu of Procurations (vel a volentibus sic solvere) adding moreover, [Page 11]that if any Visitor should presume to re­ceive them in such sort, and otherwise then in victuals: Duplum ejus quod receperit Ecclesiae a quâ id receptum suerit infra mensem reddere tenebatur; which if accordingly (be ing Patriarch, Archbishop, or Bishop) he failed to restore, he was forth with liable to an Interdiction, ab ingressu Ecclesiae: But for Visitors of inferiour ranck, suspensi­on ab officio & beneficio was their penalty in this case. This then was the ancient man­ner of paying Procurations till the time of Boniface the Eighth, who succeeding in the Popedome about twenty two years after the death of Gregory, and finding multa incommodorum dispendia, Gloss. in ver. dispendia c. Foelic [...]s recor­dationis cod. in 6 ^o. many incon­veniencs in the Constitutions of his pre­decessor touching this particular, did him­self make a Constitution about the year 1295. that it should be lawfull to any Vi­sitor whatsoever volentibus visitatis, and not otherwise, to receive in lieu of victuals money (not to exact it) towards the de­fraying of their visitation charge. The Constitution runs thus, Quoniam rerum ex­perientia [Page 12]perientia nos instruxit ex hoc tam personis visi­tantibus quam l [...]cis & Ecclesiis visitatis multa in­commodorum dispendia provenire. C Foelicis re­cordat. [...] supra in 6. Concedimus ut Patriarchae, A chiepiscopi, & al [...]i quibus ex offi­cio competit visitare a volentibus Ecclesiarum & locorum Visitatorum Rectoribus, seu personis pe­cuniam licitè recipere valeant pro sumptibus mode­ratis faciendis in victualibus di [...]bus quibus visi­tationis officium personaliter exercebunt. Now the reason of the making of this constitu­tion was out of question this, namely in respect of the great charge that the visi­ted Clergie were put unto in giving enter­tainment to the Visitors in those times, who in their visitations came attended with a troup of men and horses so exces­sively great, F [...]t. de Censibus c. Cu [...]n Apostolus Ʋt interdum Ecclesiastica orna­menta subditi exponere compellebantur. The poor Clergi were eftsoons constrained to sell even their Church-ornaments to make provision for them, as it was declared o­penly in the aforesaid Councel of Lateran. And thereupon in that Councell all Visi­tors came to be stinted to a certain num­ber of Visitation Attendants, according to [Page 13]their severall qualities, as namely the Archbishop to 40. or 50. men with their horses, the Bishop to 20. or 30. Cardinals to 25. (though it stick in their stomachs so to be undervalued) Archdeacons to 5. or 7. Deans, Gloss. in v. De­cani. Ext cod. c. Cum Apostolus. Ext. av. Com. de Censibus c. Vas electionis. (that is to say Archipresbyteri rurales, as the Glosse expounds it) to two only, which qualification of number ea­sed a little, and but a little, the burden that was still heavy upon the Clergy. For though Bomface did tolerate the receipt of money in heu of victuals, and made it lawfull for the Visited to compound with their Visitor for their entertainment, yet the composition in money was oftimes upon such hard terms, that the remedy proved as bad as the disease. Little the better were the Clergie for having the Vi­sitor limited to a certain number of At­tendants, whilest he was left unlimited in the summe of his receits to make his composition as it pleased himself: Yea, we shall find that the exorbitances of the Visitors in this particular were such, that they gave occasion to Pope Clement the [Page 14]Fifth to complain bitterly of them in the Councel at Vienna (which began in the Calends of October, Ca. Ad nostrum eod in Clement Antiquit, Bri­tan. pa. 172. Anno 1 [...]11, and ended upon the sixt of April, Gloff in v. Im­sosterum c. Cum sit in Clem. de Censious the year following, as the Glosse precisely sets it down) name­ly that the Prelates and other Visitors did exact Procurations, yea even from exempt places and Orders priviledged (the Cister­tians themselves could not goe free) that they carried with them Hounds and Hawks contrary to a Prohibitory Canon of the aforesaid Councel of Lateran, yea that they so farre forth proceeded with them, that unlesse their intemperate appe­tite were satisfied, and that they had rea­dily ministred unto them as much as they unreasonably required; down went the dores of Monasteries, Church dores were broke open, and what they could lay hands on (the ornaments of the Church not excepted) should away, Intolerabilia gravamina eisdem cumulantes. Now these grievances were in effect but complained of in this Councel; and altbeit they were prohibited under pain of Gods in­dignation; [Page 15]yea and of the Popes too, Ca. Ad nostrum cod. in Clement. yet were they not throughly redressed until the time of Benedict the Twelfth, who next succeeded Clement, save John the 23. that came between them. He, I say, ta­king into consideration the abuses of the Visitors towards the Clergy visited (not­withstanding many good Laws made to the contrary) namely that they became so burdensome to them in the exaction of Procurations, Ʋt oppressi subditi hujusmodi onera nequeant supportare, to use the very words of the Constitution. E [...]trav. Com de Censibus c. Vas I lict onis. In the second year of his Popedome, and about the year of our Lord, 1337. makes a Canon or Con­stitution, and in the same proportions a rate in money in lieu of Procurations in victuals, a certain summe payable out of Monasteries, Priories, and other Churches visited, and requirable by the Visitor ac­cording to his quality and the conditions of the parties visited, more or lesse, lea­ving it still to the liberty of the visited, ei­ther to pay so much money or victuals as before, if they thought better. And this [Page 16]constitution of Benedict the Twelfth, put an end to that troublesome business even throughout the Christian world (where the Pope had sway of jurisdiction) that before that time groaned under the bur­den of intolerable exaction. Hither all Visitors are directed to have recourse for their pay, where custome hath not limited the summe of their receipts. But for Arch­deacons Procurations, Lindewood tells us that the usuall summe of their receipts in money was in his time (and that was in the reign of Hen. 5. somewhat above 200. years agoe) seven shillings and six pence, that is, according to the number of his Officers and Attendants to each man 12. d. and to the Archdeacon himself 18 d. And so I have done with the first Quaere, and doe now proceed to the second, and that is.

2. Whether Procurations be due, Ratione Visitationis?

Out of doubt they are, and great rea­son that they should be. The voice of [Page 17]nature in an Heathen man spake thus, and perswadeth to yield [...]. Phocy [...]id. And not only the voice of nature but the God of nature pronounceth, Luc. 10.7. 1 Cor. 9. that Dignus est o­perarius mercede, Luc. 10. And St. Paul rea­sons thus. Who goeth to warfare any time at his own cost? who planteth a Vineyard, and eat­eth not of the fruit thereof? who feedeth a flock and eateth not of the milk of the flock? If we have sown unto you spirituall things, is it a great matter if we reap your carnall things? Thus the Apostle excellently, and by way of Ana­logie to the equity of this due, brings ar­guments such as the wit of man cannot move, much less overturn them: For what are Visitations other then laborious travellings from place to place, joyned with an industrious vigilancy and circum­spection in the Visitors, and for this very end, Ne quid detrimenti capiat Ecclesia; to keep Christs Vineyard from havock and spoil, to see unto aswell the building and holding up of the spirituall Temple, as the fabrick of Gods materiall House. He plants, he sows, he feeds, his labour is [Page 18]painfull, and his care great, and all to e­radicate sin, and to encourage virtue. In a word Schismata componere [...], 1 Cor. 12. Caetera disponere, that all things may be done [...], 1 Cor. 14.14. In a word thus, Act. Concil. Trid. sess. 24. cap. 3. Visitationum omnium istarum praecipuus sit scopus sanam orthodoxamque do­ctrinam expulsis haeresibus inducere, bonos mores tueri, pravos corrigere, populum cohortationibus & admonitionibus ad religionem, pacem, innocen­tiam (que) accendere. So the Trent Councel (I would in all things so) right and well. And long before that Councel, Innocent the Third our of the aforesaid General Lateran Councel declaring the right use of a Visitation, Ext. de Censi­bus ca. Procu­rationes. sets it down thus: Porro vi­sitationis officium exercentes non quaerant quae sua sunt, sed quae J [...]su Christi, praedicationi & cohor­tationi, correctioni & reformationi vacando. So then this being, as you see, a burdensome and a toylsome task, a labour of pain so necessary, and withall conducing to so good an end. It is but just that some an­swerable compensation should be made, some exhibition yielded to the Visitor, by [Page 19]him or them who principally are interes­sed in the good of his travell. Neither stands this payment or exhibition upon conveniency only, but necessity also. There is a debetur in it, saith Vallensis, upon which the Visitor founds his claim, and such a debetur as admits of no opposition or stop in Law to crosse it; for the argu­ment holds strong, Gloss. in ver. Consuetud. c. Cum ex ossi­cii, Ext. de Praesc [...]iptioni­bus, Ext. de Censibus c. Cum Venerabilis. Episcopus cum visitare jure communi debuerat, de jure communi debet habere tune Procurationem, quia nemo suis stipendiis cogi­tur militare. Here is the reason of the due! And it is a rule in Law, that Accessorium se­quitur naturam sui principalis. And if ex debito principaliter the Bishop or Visitor ought to visit, then ex condigno accessorie he ought to receive, no man will deny; for a neerer relation there seems not to be between work and wages, then is between Visita­tion and Procuration; yea, so near they are, that no negative prescription, to wit de non solvendo hath been held available in plea or proof at Law against the right of Procuration, especially as it relates to Vi­sitation, except in the case of Papall pri­viledge [Page 20]or extreme poverty of the visited. Gloss. in c. ve­nerabili v. rati­onable, Ext. de Censious. In the Decretalls mention is made of a certain Archbishop, namely the Archbi­shop of Sens (Senonensis) a [...]rench Prelate, Exteod. e. ex Offic [...]i. that visiting of his Province, he came un­to the Churches of the Abbot of St. Mag­lore, and of the Prior de Castres, and of some others in the Diocess of Paris, which he visited, & eâratione demands Procurations, which were denied him for this cause, namely for that they had not formerly been yielded to the Predecessor of the said Archbishop. Hereupon the Archbishop proceeds, and suspends all that stand out, and refused to satisfie his just demands; and afterwards upon their further con­tempt excommunicates them, and so ac­quaints Pope Innocent the Third with what he had done: Who presently writes to the Bishop of Paris, letting him to know, that forasmuch as against Procurations due ratione visitationis no praescription ought to be admitted, as neither against a visitation it self, although both might haply in respect of time be prescribed a­gainst. [Page 21] Ideoque mandamus (saith the Text) quatenus sententiam quam in bujusmodi con­temptores de antiqua Metrapolis consuetudine tulit Arthiepiscopus memoratus us (que) ad satis­factionem condignam factas observari. Thus Pope Innocent. And after the same man­ner did Honoriu [...] the Third write on the be­half of another French Bishop (to wit the Bishop of Maine (Cenomanensts) which Bi­shoprick, Gloss. in v. non solverunt c. Ve­nerabili, Ext. de Censibus. & ibi textus. as I suppose, is within the Dutchy of Anjow) complaining against the Abbat and Covent de Cultura of his Diocess that refused to pay him Procurations in his vi­sitation, alledging this for their reason, Quod ipsi hactenus Procurationem non solverunt, which being not admitted for a good plea, the said Pope rescribes thus: Discretion [...] ve­strae (writing to the Abbats de Tyron and Josaphat, his delegates in that cause) Man­damus quatenus nisi aliud & rationabile osten­derint, vos eos ad exhibendum eam sicut jus dictarverit compellatis. To this effect Hono­rius; Ext. de Censi­c. cum nuser. and after him Gregory the Ninth sends out his Mandate to the same purpose through­out the Province of Benerventum in the Vi­sitation [Page 22]of an Archbishop there. We may conclude therefore out of the Canon Law, that Procurations are due, and ought to be paid ratione visitationis. And so I have done with the second Quaere. The third and last is,

3. Whether Procurations be only due Ratio­ne visitationis, and no other wise?

I answer, not so only, though principal­ly so. The Canonists ex hypothesi propound this question, namely, that if a Church be so neer unto the Visitor that there needs no travel, and so little or no labour is bestow­ed in the visitation thereof whether a Pro­curation may lawfully be required from that Church? And albeit the question be negatively held by some, yet by the most it is affirmatively answered, Gloss. in ver. peragrando. §. ulterius apud Lancellotum Inst. juris Ca­non. l. 2. tit. 21. ubi de Censibus. Hostiens. sum. de Censibus, §. a quibus. namely, That Pro­curatio solius laboris in tuitu non exhibetur, sed etiam in signum superioritatis, & ut facilius Prae­lati ad visitandum inducantur: So that how­soever the visitors pains be but little, and his charges nothing at all, yet is not the Procuration for that cause to be lessened, [Page 23]it must be yielded notwithstanding, in sig­num superioritatis. But to come neerer to the point, Boniface the Eighth, of whom mention is made before, writing to a cer­tain one whom he had appointed his Col­lector, to gather up a Tenth from all Ec­clesiasticall Livings, and persons through­out Jtaly and elswhere, for the maintenance of a warre he prosecuted in the Kingdome of Sicily, and intimating to him whom he would have charged, and whom excused, saith thus, De illis autem Proourationibus quas Praelati in pecuniâ numeratâ rite percipi [...]nt ab antiquo, & quas perciperent, ettamsi non visi­tarent decimam praestare tenentur. And again, Extrav. com­mun. de Deci­mis c. Declara­tiones. Praelati autem qui Procurationem quam sine vi­sitatione potuit de jure percipere in pecuniâ nu­meratâ, &c. By which it is manifest that there is Procuratio sine Visitatione; Ext. de Censibus c. quanto. Gloss. in. v. Visitatio­nis c. Piocura­tiones, ext. cod. C. Ad nostrum eod. in Clem. C. vas electio­nis cod in Fx­travagant. Gloss. in v. non solverunt, c Ve­nerab. ext. de Censibus. But what Procuration is here praecisely meant may fall into question. To which I answer, that I find mentioned in the Canon Law divers kinds of Procurations, arising from diffe­rent reasons; as namely first from Visitation, secondly Pact, thirdly Priviledge, fourthly [Page 24]and lastly Custom; all which, as they did arise from different reasons, so were they paid at the first in a different manner. Victuals were anciently and solely the visitation Pro­curation till this Pope Boniface his time who made money passable in lieu of victuals for that payment. The rest, as I conceive, were all paid in money; so then the Procuration from whence the Pope was to have a Tenth, being in pecunia numerata, and being then ex antiquo, et de jure, in that sort due, as in the Text is evident: And money for visi­tation Procurations, but even newly tolera­ted to passe: both Visitation and Custome too as prescribed from that right, are quite excluded from the causality of this pay in this place, as i take it. It is probable then, that from one of the other Reasons of Pro­curation the Tenth before spoken of was requirable, but for which of them, as it is not much materiall on my part curiously to seek after, so neither is it of consequence for any to know, there being at this time no Procuration from any such cause, to wit, of Pact or Priviledge, in use of receipt in [Page 25]this Kingdome, that I know, or have yet heard of. That which I intend, and aim principally at in the solution of this third and last Quaere (and is of frequent use in these times) is to set forth the claim that Custome makes, and the right that surely it hath to this Ecclesiasticall payment of Procurations sine Visitatione. To make good therefore the receit of Procurations by this reason, we are first to set down the speci­all properties required in a prevailing Cu­stome, which, in short, are chiefly two: The first is, that it be rationabilis: The se­cond, that it be legitimè praescripta. Now that Custome is said to be rationabilis, and so consequently inviolabilis, Gloss in v. Ra­tionabilis. c. Cumtanto. Ext. de Consurtu [...]l. Distinct. 11. c. Consuetud. &c. Eccles. Con­st tutionum. quae nec diviuo juri contradicit, nec obviat Canonicis institutis, that contradicts not the divine Law, nor meeteth the Canonicall Institutes in the front of opposition. And that is said to be legitimè praescripta, Gloss. in ver. usque ad boc tempus, c. ser­vitium 18. q. 2. when bona fide it is pre­scribed for the space of 40 years, If these two, to wit, Reasonableness and sufficient continuance of time doe meet together in a Custome, they make that Custome [...], [Page 26]impregnably strong. As on the contrary, upon the want of Rreason it is as easily overturned, though never so an­cient by that known rule in the civil Law. Paulus l. 29. H. de Regulis juris. Quod initio vitiosum est non potest tractu temponis convalescere; and that in the Canon Law, C. non sirmatur 18. de Regulis juris in 6 ^o & Dyn. ibi. Non firmatur tractu temporis quod de jure ab initio non subsistit, there being no Cu­stome of such praevaling authority, ut aut Rationem vincat, In l. 8. tit. 32. C. Quae sit longa Consuetudo. aut Legem, as the Emperor well determines. Now they that turn upon this hinge, I mean that receive Pro­curations upon the ground of Custome, must look that their receit or claim be both rationabilis & legitimè praescripta. And this appertaineth especially to such Arch­deacons that receive Procurations in the L. Bishops Triennials, and yet visit not, whereof there are divers in this King­dome. Certainly the time was, that Arch­deacons had jus visitandi quolibet anno, and did accordingly visit, & ea ratione receive Procurations, Gloss. Lind. in c. 1. in ver Visitation. Pro­vinc. Constitut. de [...]ssic. Archid. l. 1. the Glosse upon the Provin­cial Constitutions intimates as much. And in the Decretals de officio Archidiaconi, [Page 27]we read that Pope Alexander the 3. wrote unto the Bishop of Coventry, and to the Abbat of Chester, and commands them to forbid the Archdeacon of Chester to visit the Churches within his Archdeaconry above once a year, Ext. de offic. Arch d. c. Man­damus & Gloss. ib. in v. soepius visitare. Nisi talis causa emerserit propter quam ipsum oporteat praefatas Ecclesias soe­pius visitare. Once a year and no more, Ni­si talis, &c. which implies that once a year at least he might; surely in ages past he might doe so: [...]. But Time that turneth all things upside-down, & makes them seem to be what they were not, hath altered the course of former dayes, and brought it now to this issue, namely, that the Arch­deacons (not all, but of many places) must one year in three suffer the light of Archidiaconall authority to be eclipsed by the greater light of Episcopall power, and content themselves with their Procu­rations only, which yet the Clergy in ma­ny places think much to pay, in respect not only of the many payments that lie heavy upon them (wherein those of the meaner ranck are much to be pitied) but [Page 28]especially because the Archdeacons de­mands at that time doing no service at all, seem to them to be altogether unreaso­nable. For the receit then of Procurations by Archdeacons in the years of Episcopall visitations, when some of them visit not; and to make the Custome by which they receive them firm and good. They are first, as before is said, to shew sufficiency of cause and reason for this receit, to make it rationabilis; and next to set forth suffici­ency of continuance to make it legitimè prae­scripta. In explication whereof, and ap­plication to our present business, I intend to be very brief, beginning with the for­mer part or property of a good Custome, namely Reasonableness. But with serious protestation in the first place, that I labour not by any argument to introduce a pay­ment that hath not formerly been, or to impose a burden heretofore not known or born; for that were in effect to goe a­bout [...], and to meddle with things that ought not by any private fancy to be moved or meddled withall, that were [Page 29]little else then [...], Isocrates. foibidden by the Oratour as perilous in a well settled State. No, but my endeavour shal be to of­fer such reasons as I can for payméts now in use in places where they are used, and to stretch out the line of my discourse no fur­ther; which if they prove to be of weight, it may haply fall out, that what formerly the Clergy (to their great charge) contra­dicting this payment, have in contradicto­rio judicio been forced to pay, and what at this day they pay, though discontentedly, as being conquered rather by Law, then fully satisfied in point of reason, they will with a willing mind [...], as the A­postle, 2 Cor. 8.12. readily, chearfully, and peaceably tender to their Visitor. I o proceed then; Procurations are in effect the Living of the Archdeacon valued to him in the Kings books, for which he payeth yearly Tenths, and Subsidies also, as they fall out to be due. And should a man yearly pay, and not yearly receive? No, for the contrary to be the intent and meaning of the Kings and Queens of this Land may [Page 30]evidently be demonstrated: Et ulterius de ampliore gratiâ nostra exonera­vimus &c. prae­fatnm—de omnibus & om nimodis Corro­diis, Reddit. feod. annuitat. pensionibus, por­tionibus, &c. Praeterquam de —de eadem Re­ctoria de—ex­eun', ac Archi­diacono de— & successo [...]bus suis pro Procu­rationibus & Synodalibus Annuatim sol­vend. &c. For that in such Grants, as I have seen from the Crown of Impropriate Rectories, those payments (annuall payments) of Procura­tions, and so of Synodalls too, are con­tinued and left as a charge (though many other burdens are taken away) upon the Proprietaries. Again, whereas many o­ther Ecclesiasticall Livings, since the Cer­tificate of their value into the Exchequer about the 26 of H. 8. are improved and made better; Procurations are like the Ta­lent hid in the napkin, they continue without one farthing improvement. Im­provement doe I say? Nay, I am perswa­ded that few Archdeacons receive in Pro­curations to the summe of their valuati­on: Poverty somtimes of the Incumbents death, and such by blows, cuts them short of many, and makes them heartless, to seek where little or nothing is to be found. And yet are they charged with full payments of Tenths and Subsidies, which are high upon fruits of this nature; for valued by the penny as these Procura­tions [Page 31]are, 5 l. out of 50 l. goeth out for Tenths alone: And shall a man pay, pay thus, and not receive? surely he that is necessitated to pay, should necessarily re­ceive (and doubtless with good consci­ence he may) that which occasioneth and is the sole reason of his pay; yea, the re­ceit of Procurations in this case is so farre from being unconscionable in the Arch­deacon, though he visit not, that the de­taining of them seems to me to be unrea­sonable; For in that the Archdeacons some of them (I say some of them, Ab. sic. super 2 [...] 1 [...] i de officio Archid, c. Ʋt Archidiaconus. for all are not excluded) visit not in the L. Bi­shops Triennialls, the fault's not theirs, when not out of willfull omission, but Canonicall submission, they forbear to visit, and strike sail to the commande­ment of their superiors: And shall they for their obedience be deprived of their accustomed rights? I leave that to the judgement of indifferency. The Rule of Law, and surely of Reason too, is, Ca. Imputari 41. de reg juris in 6 ^o. that Im­putare non debet ei per quem non stat, si non fa­ciat quod per eum fuerat faciendum. A man in [Page 32]the Law is not held to be faulty for omit­ting to doe what by his superiour he is not permitted to doe. Nither is it of weight (as I conceive) that some urge, That forasmuch as all Archdeaconries, or the most part of them have their corps, to wit, some spirituall dignity or promotion appendant to them, the Archdeacon that hath such Corps ought to live upon it in the years when he visits not, and out of the profits arising thence (poor and jejune perhaps) to sustain and defray the whole charge of the Archdeaconry. It is true that many, yea most Archdeaconries have their Corps annexed to them, but none that I know sine sarcina, none but hath its peculiar payments and charge of Tenths, Subsidies, or Pensions, or all together ap­pendant, even to the full, as much, or ra­ther more then any other Ecclesiasticall Living of that nature. And to charge them with more then their own burden (which is found of times heavy enough) would be ahard imposition, to speak the least. But especially, if it should so happen that the [Page 33]Archdeacon had no other means (as such there have been as well in this Kingdome, which I could name, as in forein parts, Duaren. l. 2. c. 4. de sacris Eccles. ministeriis & benesiciis. as Duarenus doth remember) then were it in­deed intolerable, and the rather in two re­spects especially: First in respect of his Or­der, for therein considered he is a person of speciall and remarkable Quality. Secon­ly, in respect of the Office that he sustains, Ab. sic. super se­cunda prim. de offic. Archi­p [...]e b. c. ut Ar­chipresbyter. which is Dignitas principalis post Episcopum in Ecclesia: and upon which there is, at least in former times there was, so much dignity appendant in regard of the amplitude of power and jurisdiction that he had under the Bishop, that Philip, a fifth Son of Lewis the Gross King of France, Pa [...]lus Aemili­us Tilius. disdained not to take upon him the Office of an Archdea­con in Paris, as Stories tell us. And for such a one to want correspondent accommo­dations is [...], Ext. de Office. Archid. C ut Archidiacon [...], &c. Ad bae [...]. Onuphr. Pantan. Int [...]rpr. vocum Ecclesiast. in si­ne Chron [...]ci [...]ui ad Platin. de vitis Ponus. p. 61. a most unseemly & absurd thing. He is called Oculus Episcopi, Diaco­nus circumlustrator & perscrutator. Vicartus post Episcopum ad quem in omnibus in Clero om­nis cura pertinet, with such like Titles of e­minency. Now should he be deprived of [Page 34]his just rights, it would come to pass that his care would be so much to provide ne­cessaries for himself at home, that he should find little leasure circumlustrare, to look into the field of the Church, and to take care for others abroad. But I know with whom I have to doe, they are Scholars whose rea­diness to apprehend a reason and ingenui­ty to acknowledge a right, I trust will prove such, as that I shall not need to beat more ground for reasons; which yet were there cause, I could easily add to give them sa­tisfaction in this point, namely of the Rea­sonableness of the Archdeacons receipts of Procurations in the L. Bishops Triennials. I descend therefore to the other property of a prevailing Custome, namely, Sufficiency of Continuance, whereof in a word.

It hath been Ʋltra hominum memoriam, and so equivalent to an Imperiall Privi­ledge or Constitution; F. de aqua quo­tid. & costiva l. 3. §. Ductus aquae. for it is an hun­dred years since the Certificate upon the Commission of Melius inquirendum concern­ing Ecclesiasticall Livings was returned in­to the Exchequer, at what time it was cer­tified [Page 35]what particular payments were year­ly then made to the Archdeacons of the se­verall Diocesses in this Kingdome out of Ecclesiasticall Livings; and thereupon their receipts became accordingly valued in the Kings Books, and so stand unto this day. And lest the Church by means of the sup­pression of Monasteries, and other Religi­ous Houses (from whence Procurations, and such like dues before that time had been usually paid to Ecclesiasticall Governors) should receive detriment, and be impeached in its former accustomed receipts & rights, when all the Lands and Possessions of those Religious Houses were setled in the Crown, & came into the Kings hand by Act of Par­liament, there was afterwards another Act of Parliament in the 34 of H. 8. by which a strict provision was made for the due pay­ment of all such Ecclesiasticall rights, as namely Pensions, Portions, Corrodies, In­demnities, Synodies and Proxies, that were payable to, and in the possession of any Ecclesiasticall person. Ten years before the Dissolution, no preceding visitation, or o­ther [Page 36]causall act or motive inducing there­unto, more then that such due had accu­stomably been paid out of the said Religi­ous Houses.

And thus have I runne through, and given answer briefly to the third and last enquiry, wherein I have endeavoured to prove: First, that there is Custome for the receipt of Procurations without visita­tion: And secondly, the same (from the grounds of Reason and Continuance as to that point) to be warrantable & good. And to make the matter clear, I have thought good to subjoyn, as most pertinent and sa­tisfactory (such in my opinion) to the pre­sent business, the subsequent Case of Pro­xies; which (devested and stript from its an­cient Norman dresse, and clad in plain Eng­lish) presents it self to the Readers view as followeth, viz.

FOrasmuch as I have here ta­ken upon me to treat of this Synodal due, I think it not incongruous to say (however little yet) some­thing of the Synod it self, because at that time it was usually paid. Now of Synods there are found sundry kinds, Occumenical, National, Provincial, and Diocesan: Oecume­nicall is a Synod out of divers Nations; National out of divers Provinces; Provinci­al out of divers Diocess; Diocesan out of one Diocess only. The Oecumenical and National Synods were ever assembled by authority Imperial, Regal, or Papal. The Provincial by Metropolitans or Patriarchs; The Diocesan by the Bishop of the Dio­ces. [Page 67]I recite them briefly, for to make a long Narration or Story of the manner of assembling, order of session, and form of proceeding observed in each particular Sy­nod were to trifle out the time, and to waste Paper, yea overmuch to trespass up­on the patience (as I fear I have already done) of the judioious reader, especially in this place, where the discourse upon that subject can be little else then a [...], a work by the by, as we vulgarly say. Duarenus will briefly satisfie such as desire information in the point of Synods, Duarenus. unto whom ( l. 1. c. 11. of his book de sacris Ec­clesiae ministeriis & beneficiis) I referre them. This only I would intimate, and I will doe but little more then so (reserving a few words for Diocesan Synods only) how carefull and how circumspect religi­ous Emperors and godly Bishops in for­mer times have been, by the often assem­bling of Synods and calling of Councels (the frequent celebration whereof as it was praecipua agri dominici cultura, as the Councel of Basil expresseth it: Consil. Basil Bin. to. 4. sess. 15. So the neg­lect [Page 68]thereof was found to be very much disadvantageous to it, Novel. Const. 123. ca. 10. as the Emperor long before that Councell in his Novel-Constitutions seems to complain) to prevent as well the overspreading poyson of Here­sy wherewith the field of the Church was in those times much infested; as also to allay (as much as in them lay) such tem­pests of contention as were oftimes stir­red up by seditious and factious spirits to disturb the Common peace. The famous Oecumenical Councel of Chalcedon, Concil. Chalced. can. 18. in the time of Martian and Valentinian Emperors, graced with an Assembly of 630 Bishops, and before that a Councel at Antioch, Concil. Antioch. c. 20. Cmcil. Nicen. c. 5. and before them both the Councel of Nice (all cited in the volume of the Decrees) made severall Acts, That a Synod of Com­provincial Bishops should be celebrated in every Province twice a year ( [...] say the Apostles Canons too) and once of that twice (as the Nicene Councel hath it, Canon. Apostolo rum, ca. 38. differing in point of time from that of An­tioch) ante dies quadragesimae; C. de Concil. 18. Distinct. &c. propter ibi, &c. habeatur. eod. yielding this for the reason, [...], [Page 69]that all grudge and ma­lice taken away, both Priest and Peo­ple might offer an holy gift, and perform a pure Fast to God. But this being found in progress of time a task and travell too hard for Bishops (being for the most part old men) to continue, especially where their Provinces were of large extent (to instance Germany amongst the rest) the cause also of such frequent meetings being lessened, time saw an end of that custome; for neer about the middle of the 5. Centu­ry, at what time Justinian's Novel Constitu­tions were first published & sent abroad. The Emperor finding a neglect of the observation of the double yearly Synod, commands thus (which the rather I set down in the very words of the Constitu­tion out of the Greek originall, for that I cannot find it in any Latin copy, Novel. Justin. Constitut. 123. c 10. impress. Parisiis 1542. Gothofred or else) [...], [Page 70] &c. [...], sortasse. which constitution of the Emperor (receiving fur­ther strength by the sixth General Synod, Concil constanti­nop. ca. 8. Concil. Nice­num ca. 6 Concil. Lateran. ca. 6. held at Constantinople about the latter end of the sixth Century: as also by the seventh General Synod celebrated at Nice about the latter end of the seventh Century: and long after by the Councell of Lateran un­der Innocent the third, Anno 1215.) conti­nued the course of a single (not interdi­cting or interrupting (in places where it was used) the custome of a double) annual Pro­vinciall Synod for divers hundreds of years within the Empire. August. de Ci­vit. Dei. l. 2. c. 21. But. Quid manet ex an­tiquis morthus (St. Austin thus breaks forth) quibus Ennius dixit rem stare Romanam, quos ita oblivione obsoletos videmus ut non modò non colantur, sed etiam ignorentur? So here, this Custom though never so good, and so long continued, hath long since been buried, as it were, in oblivion, and so worn out of com­mon use, as that it is now as a thing un­known ( quaereliquiae? quodve vestigium? Flor. l. 1. c. 11. as the Historian of the Veientes) and as if it [Page 71]had never been. And yet not so as that it suffered utter abolishment: No, [...], Sueton. in Do­mitiano. a shoot from the same root sprung forth, and up it came againe, but somewhat altered from what it was be­fore: For in the Councell of Basil (that troublesome Grantz. Sa­xon. l. 11. ca. 20. Consil. Basil. Sess. 15. Councell) in the time of Eu­genius the fourth, about the year 1433. it was there decreed (upon neglect, I doubt not, of the annual Provincial Synod) and an Act passed, that a triennial Provincal Sy­nod should thenceforth be observed, which if the wisdome of those times, and thence downward, had thought meet to have con­tinned and transmitted to posterity, it might have been a means of producing many pro­fitable Constitutions, that the modern and after ages must be content to want and wish for. But blessed be God for those we have. The present times doe, and must thankfully acknowledge the singular benefit they re­ceive from them, which (without question) would have been enlarged and augmented, had there not been found cause sufficient of a cessation, at least of a longer inter­mittency [Page 72]of time for their Synods then is limited in, or warranted by the Councel Act. For as when the prey is taken, the Huntsman ceaseth to pursue; and hoste de­bellato the Trumpet soundeth a retreat, and the Souldier returns triumphantly home. So here, the stormes of Hereticall fury which for a long time disquieted the peace­able state of the Church, being at the length well aswaged, differences and distractions about Ecclesiastical affairs composed, and all things in some good sort setled abroad. The Bishops (not called upon by their Me­tropolitans) repose themselves within the limits of their own Dioceses, where, ac­cording to an Act made in the said Coun­cell of Basil each Bishop was to convocate his Clergie, and celebrate also a Synod in the same his Diocess at least C. annis singu­lis 18. Distinct. Abb. in c. Con­querent. de of­ficio Ordinarii. C. Episcopus 18. Dictinct. Concil. Basil. Sess. 15. once a year. In this Synod (being most usually held in the Cathedrall of every Diocess) the Bi­shop himself ( nisi gravi necessitate, vel ca­nonico impedimento detentus, in which case some other by delegation from him) sate President; who being there sate, and having [Page 73]his assembled Clergie about him, with such other of the Laity whom necessary cause called thither; after earnest invoca­tion for the assistance and direction of Gods Spirit, and the further accomplish­ment of such accustomed rites as were ne­cessarily requisite and preparative to the business. The Bishop or his Substitute, selected or called forth septem è plebe, C. Episcopus in Synodo 35. q. 6. saith the Decree, de qualibet parochia, adds the Glosse; Men grave, and of ripe years, fearing God, and for honesty such as were of best repute amongst the people. To each of these men the Praesident of the Synod delivered an Oath, the form whereof was as follow­eth, viz. Amodò in antea quicquid nosti aut au­disti aut postmodùm inquisiturus es quod contra Dei voluntatem & rectam Christianitatem in Parochia factum sit, aut futurum erit, si in die­bus tuis evenerit, tantùm ut ad tuam cognitionem quocun (que) modo perveniat. Si scis, aut tibi fue [...]it indicatum Synodalem causam esse & ad ministeri­um Episcopi pertinere; quòd tu nec propter amo­rem nec propter timorem, nec propter pretium, nec propter parentelam ullatenus celes Episcopum aut [Page 74]ejus missum cui hoc inquirere jusse it quandocun­que te ex hoc interrogaverit, Sic te Deus adjuvet, & istae Sanctorum reliquiae. By virtue of which oath, and office thereupon depend­ing, the extent of their authority and en­quiry stretcht very far, namely into all busi­nesses cognizable, & punishable by juris­diction Ecclesiastical, Consil. Basiliens. S [...]ssio 15. viz. Simony, Heresie, Usury, Sacriledg Sorcery, Divination, En­chantments, Superstition, Alienation of Church Livings, Fornication, and many other things besides. All which, and what­soever else they found to fall within the compass of their inquisition (as cause re­quired) those seven men, called in the Law Testes Synodales presented either in writing, or otherwise interrogated in the open Synod, delivered by way of infor­mation vivâ voce to the Bishop or his Sub­stitute, which was received by Notaries then present appointed for that purpose; that accordingly things amiss might be re­duced to reformation, and amended, the parties found remiss might be stirred up to better performances, and the persons [Page 75]peccant in any sort condignly punished. And so surely they were: For albeit on the one hand there was tenderness used towards sinne secretly acted, especially where scandall might probably fasten it self upon some eminent calling; and so a secret & gentle animadversion ( [...], Isocrat. Orat. 2. ad Nicoc. p. 28. as the Orator expresseth it) out of the wisdome of the Synodicall Ma­gistrate, was answerably inflicted upon the offending party (yea for smaller mis­demeanors, Spelman. Concil. 3. p. 362. and the first a pecuniary pu­nishment was in favour imposed) yet on the other hand, when a fault committed became so manifest, that a connivance or private satisfaction might cause a publick offence, then no intercession; Tacit. annal. l. 14. p 314. no pecunia ob delicta, as Tacitus in another case could exempt from censure and shame; but as the offence was manifest, Antiquit. Bri­tan. p. 197. Extr. de Officio Jud. Ordinarii c. l. resragab. § finali. so should the punishment be as notorious: be the per­son high or low his calling could not quit him free; which if he refused to undergo being a Clerk, he was turned out of his Ministry, and deprived of his Benefice; [Page 76]If a Laick, he was thrust out of the Church by Excommunication, and debarred of Christian society, no man suffered to keep him company. This was in effect (so I take it) the manner of holding of Synods in particular Dioceses, at least a represen­tation of some part of the form of pro­ceedings and censures therein. At which meeting I doubt not to say there was a Synodale, a Cense, or Tribute in money payd to the Bishop, or to some other to his use from the inferiour Clergie.

Now Synodale among writers is found (if I mistake not) to yield more especially a two fold signification: For it signifieth not only Conventus a meeting, as Synodus doth, but likewife the Acts of that meet­ing. Concerning the former signification we have an instance out of an Epistle of Gregory the Third, cited by Cardinal Ba­ronius in the 8. Tome of his Annals about the year 738. Catholica (saith he, Baronius. writng to the Bishops of the Provinces of Bajory and Almany) Sanctorum Patrum authoritas jubet ut his in anno pro salute populi Christiani seu exhor­tatione [Page 77]adoptionis filiorum Synodalia debent ce­lebrari, &c. Here Synodale is taken for the Meeting or Synod it self.

Touching the latter acceptation, Histor. Tripar­tit. l. 7. sol. 452. I find it in the Tripartite History, where men­tion is made of a Synod of Bishops assem­bled at Antioch out of divers Provinces concerning the Heresie broached by Aca­sius, and upheld by his and his adhe­rents against the consubstantiality of the Sonne of God. Which point being there disputed by the Bishops Orthodox & He­reticall, it was at length discussed, and this Acasius with his Associates being through­ly convinced with the evidenceof truth con­substantialitatem professi sunt, saith the Story, they were constrained to give glory to God by the acknowledgement of their errors, and in subscribing to the Orthodox Te­nets and Creed of the Church: which done the Bishops of that Synod sent the same Profession together with a copy of the Nccene Creed to Jovinian the Emperor, to the end the said Emperor might have knowledge of their proceeding with this [Page 78] Acasius, and be made acquainted with the uniformity of his and his adherents be­lief touching that Creed. Hunc libellum (saith that Synod, meaning the Nicene Creed) in collectione Synodalium Sabini conscrip­tum invenimus. In this place I take Synoda­lia to mean the Acts of that Synod which were collected and digested by this Sabi­nus, Histor. Tripar­tit. l. 5. p. 392. as a little before in that Story the Rea­der may find written. So now here is Synodale, the Meeting, and Synodalia too, the Acts of the Meeting. But what's all this (will some say) to Synodale, the pay­ment being the very thing principally in pursuit of inquisition in this place? To which I answer, that I have found yet a­nother Synodale, which (as I conceive) will come neer to our purpose, yea and must necessarily be taken for this very payment that now we are upon.

In the Appendix to the 3. General Late­ran Councel, and in the second part of that Appendix there is an Epistle of Pope A­lexander the 3. to certain Archdeacons and Deans, reproving them for extorting of [Page 79]moneys from the Clergy sub diversis nomi­nibus in a fraudulent kind of way. Et hu­jusmodi exactionem (saith the Pope in that E­pistle) ut eam liberiùs videamint exigere, quan­doque consuetudinem Episcopalem, quandoque Sy­nodalia, quandoque Denarios Paschales appel­lantes. The Archdeacons and Deans the rather as it should seem to obtain their unjust demands, shrowded them under such specious Titles of dues as they knew were currantly warrantable, and would not be denyed. This I take the sense to be. And admit it comes not off so clear but that some dregs of prejudice in respect of the Exactors, might in some sort ob­scure the equity of this Synodal demand: yet this I hold to be a clear truth, that as the abuse of a thing ought not to take away or abolish a necessary or convenient use; so neither can, or ought any unjust receipt impeach or make void a just demand: For it will be granted (I suppose) that no Archdeacon or Dean hath right of claim Jure communi Ecclesiastico to the Synodal pay­ment, but only by composition with, or [Page 78]prescription from the Bishop: so that if under colour and pretence of such right, the Archdeacon or Dean shall require Sy­nodalia as a due by Law peculiar & appro­priate to themselves, it may wel be accoun­ted extortion in them, which, bonâ fide, by them demanded in the right of the Bishop, or in their own names and right by law­full prescribed custome from the Bishop, would be a just demand: so that hence I conclude there is Synodale a payment, and that Pope Alexanders reprehensive Epistle (as to the equity of that due) to be in no particular repugnant or contradictory. But I will stay no longer upon this point; let the judicious Reader examine the place and satisfie himself. I proceed.

This Synodal and Synodical due had antiently two other names whereby it was known and distinguished, which time hath now worn out from common use: The one imposed from the original cause and reason of the pay being ob hono­rem Cathedrae Episcopalis, and so termed CA­THEDRATICUM: The other assum­ing [Page 81]a name from its time of payment, and is called Synodaticum, (both one and the same thing, excepting the nominal diffe­rence) and so are they taken in the Law, being found ofttimes to go together, [...] the one expounding the meaning of the other. Instance hereof I shall not need to insist upon in this place as a matter of principall proof, but pass it over, intend­ing in the solution and answers to certain questions following ex incidenti to speak something of it. The questions are

• I. What this payment, (couched under the terms of Cathedraticum and Synodaticum) anciently was?
• II. The reason why payd.
• III. The time when it was first imposed?
• IV. The time when it was usually paid?
• V. How, and by what Law it came to be im­posed upon the Church, and paid by the Clergie?
• VI. and lastly, What relative neerness our Synodale now hath unto this antient Cathe­draticum?

To each of these questions a brief so­lution. I begin with the first, namely, [Page 82] What this Cathedratick payment was: and to this I answer; That as well by the Acts of certain Councels before mention­ed, to wit Bracar and Toledo, as by the Constitutions and Rescripts of Popes, Ca­thedraticum appears to be a cense or summe of money of two shillings payd to the Bishop by the inferiour Clergy. Illud te volumus modis omnibus custodire ne qui Episcopo­rum Siciliae de Parochiis ad se pertinentibus no­mine Cathedratici amplius quàm duos solidos prae­sumant accipere. 10. q. 3. c. Illud. &c. placuit. ibi &c. inter caetera eod. 1. Thus Pope Pelagius to Cres­conius the Illustrious: So in a difference that fell out bewteen the Bishop of Ascisi, (Assisinatin. the Decreatals read, which Or­telius from Leander gathers to be Assisi, a Town within the confines of Ʋmbria in Italy) and the Governour of St. Benet not farre from thence, about Episcopal rights. Honorius the third, Ext. de officico Judicis Ordi­narii c. conque­rent. & Gloss. ibid. in v. Duos selidos. upon complaint made unto him against the Bishop, sets down what dues and duties did of right apper­tain unto the Bishop from the Churches and Chappels belonging unto the said Monastery, and amongst the rest expres­seth [Page 83]seth Two shillings nomine Cathedratici, which is a Pension payd to the Bishop à qualibet Ecclesiâ socundum loci consuetudinem, Abb. c. conque­rent. de officio Judicis Ordina­rii. as Panor­mitan upon the Text there. Two shilings then was the usuall summe payd, but why payd, the reason is yet to render.

Hostiensis answers to it, and saith, II. Hostiens. insum. de Censibus. §. Ex quibus, ver. Cathedraticum autem. that it was payd in argumentum subjectionis & ob honorem Cathedrae; so he: And the Coun­cel of Bracar cited in the Decree, Placuit ut nullus Episcoporum per suas Dioeceses ambu­lans praeter honorem Cathedrae suae, id est, 10. q. 3. c. Pla­cuit. Duos solidos, aliud aliquid per Ecclesias tollat. Thus there; for honour then of the Episco­pall Chair, and in token and argument of subjection to the Bishop was this sum anciently payd: And no marvel if we rightly weigh the dignity of his person, the amplitude of his power, and the great authority that he had in former dayes: For considered first jure ordinis, Ext. de Religio­si [...] Domibus c. Constitutos. he had the Ordination of Clerks, Consecration of Altars and Churches with such like Prero­gatives. Secondly considered respectu 10. q. 1. in casu. ju­risdictionis; and so he had the power of [Page 84]correcting and excommunicating, yea unto him belonged Institution and Desti­tution of Clerks: in a word, the juris­diction of all causes by Law appertaining ad forum Ecclesiasticum. Ext. de Officio Judicis O [...]dma­rii c. Conqu [...] ­rent. Lastly considered, with respect to the power that he had Le­ge Dioecesana, as he was the 10. q. 1. in casa. Dioecesan; and so he had Jus Census & Cathedraticum exigen­di, to leave other Priviledges unnamed, and Jus imponendi too, as Hostiens. de censibus. §. Quis imponere potest. Duaren. de sa­cris Eccl. mini­steriis & b ne­ficiis l. 7. c. 5. Hostiensis adds, which shews that the Bishop in time past was (to say no more) [...]. But Duare­nus explains the reason of this payment a little further; for thus he writes: Dicitur hoc jus vulgo Cathedraticum, quod Cathedrae, id est, honori Episcopali debeatur. Cathedra enim in jure Pontificio pro honore, ac munere Episcopa­li saepe accipitur, propterea quòd olim Episcopi quo­rum munus prop [...]ium ac praecipium est docere, se­dent [...]s in solio, & Cathedra docebant. Thus he, which shall be the close of my answer to the second question. The third follows, to wit, The time when is was first imposed.

To this question I bring Duarenus again, III whose words I will here set down. Post­quam [Page 85](saith he) reditus Ecclesiae (qui antiqui­tùs erant communes, Duaren. ut su­pra & l. 2. c. 1. fol. 53. & ab Episcopo distribue­bantur divisi erant, & singulis ministerits at­tributi: Episcopis singulis vectigal quoddam ab inferiorbus Ecclesiis pendi coeptum est. Hujus­modi imprimis illud est quod in Synodo à singulis Curionibus & inferiarum Ecclesiarum Guber­natoribus exigunt. Nam duos solidos singuli Episcopo dare jubentur. This is plain for the time; I say plain so farre forth as it relates to, and points upon an act or business done of remarkable observation. It was when the Revenues of the Church came to be divi­ded (this was the Act) and allotted to se­verall Ministeries, then began this Cathe­dratick payment to the Bishop from the be­neficed Clorgie within his Dioecess; even then saith Duarenus. And it may seem not unlikely that this Division of the Church revenues here spoken of, and the distin­guishment of Paroecial bounds were in time not farre asunder: which if so, the anti­quity of this Cathedratick imposition may somewhat neerly be guessed at. For as touching the distinguishment of Parishes, [Page 86]it is evident in Story, that Euaristus the Pope, otherwise called Anacletus Gracus, a­bout the year 110. entred first upon that bu­siness; Et titulos urbis Praesbyteris divisit, saith Volateran. Volateran. l. 22. Anastas. Bi­blioth. He assigned certain Hou­ses set apart and consecrated for divine worship (wherein the Christians of these times as a distinct Congregation were wont to meet) to the Priests of the City to exer­cise their ministerie in; Baron. annal. ad ann 112. nu. 4, 5, 6. I say certain Hou­ses, yea, and sometimes also Delubra Gen­tilium, the very Paganish Temples too were by Imperiall Edict and Destination manci­pated to such religious services. But I doubt whether I may adventure the found­ing of this Cathedratick payment so high as this particular act of distinguishment by Euaristus, being only bounded within the City. It may be conceived rather to acquire its being by occasion of some more gene­rall act of the same nature in the time of the Churches better rest, for now it was under persecution, and no time then for such setle­ments. The Church indeed was now (e­ven in Trajans time, otherwise so good an [Page 87]Emperor) in much distress, persecution be­ing hot and pressing: And yet Christianity (such is the nature of Gods seed) was still Neque enim Civitates tan­tùm sed vicos a [...]que etiam a­g [...]os superctitio­ms [...]stius conta­gio perv [...]gata est. Plin. l. 10. Ep. 97. growing, insomuch that the Pagauish Temples in some places of the Empire were left almost unfrequented, as Pliny notes in an Epistle of his to Trajan; yea, and so great were the numbers of Christians in Bythinia, that, as the same Pliny confesseth (being Ira­jans Lieutenant *Cum Hispaniarum Praesecturam gorere] si [...] annotat Funccius l. 5. Commentariorum in Chronologiam suam ad annum 110. Et innuit i­dem Author hanc [...]p [...]stulam Plinia­nap [...] ex Hispania suisse scriptam. Sed Plinium Hispaniarum Prae­secturam gessisse, nusquam apud proba [...], Authore, praet [...]r Fanccium ( [...]cri [...]torem [...]lioqui satis oculotum & perspica [...]m) memini me legisse. Proconsulatum in Bythi [...]ia se eoer­cuisse ex Epist. Plin. l. 10. Epist. 28. Et ejusdem vitâ operi suo p [...]ae­fixâ per Catanaeum hand diffi [...]le est colligere. Et inde hane suam 97. Epist [...]l [...]m ad Trajanum transm sis­se Author est Chron [...]graphorum sui temporis (quos equidem vidi) sacile princ [...]p [...], doctissimus Sethus Cal­visiu [...]. there) that they had well nigh spoiled the Pa­gans market, Victimarum ra [...]ssi­mus emptor, saith he. Persecution did nothing at all advance their cause, [...], the Gospel got ground of Paga­nism, and though fire and sword opposed, the people would after Christ by any means. Thus, as also by such poor Priviledges of liberty, as the Christians could obtain by Imperiall dispensati­ons (being but few and narrowly confined for the most part) they multiplied apace. Nor yet were those Priviledges constant [Page 88]and continuing. But even as it is with the Moon, that sometime is in the Wax and sometimes in the Wane; so was it with the Church in these times; one while under Lee sheltered from the tempests of Paga­nish immanity, a while after exposed to the whirlewind of tyrannicall rage. What the favour of one Emperor built up, the fury of another pulled down: And thus was it with the Church from Nero, (in whose time Satan being enraged against the Woman, Revel. 12.13. Sucton in vita Neron. pa. 148. Sect. 16. the first of the Ten bloody persecutions began) till Constantine the Great, during which time I seek not for the setling, nor read not of the mentioning of this Cense. Albeit I find toward the latter end of Galtenus his reign, about the year 260. and somewhat above 40 years before Constantine, that the work of distinguishing Paroecial Limits was then undertaken again by Dionysius the Pope, who laying hold upon the opportunity of a favourable I dict of Galienus (affrighted, and forced to remorse toward the Christians by many prodigious tokens of Gods apparent indignation) and beginning in the City of [Page 89] Rome, where his Predecessor Euaristus left, he again divided, reduced, and setled what by reason of persecution lay confusedly waste, assigning to the severall Parishes, Baron. annal. ad a [...]n. 270. n. 17. lege et [...]am notas ad S [...]xtum tom. 1. Concil Bin. edit. pa. 20. by him distinguished, severall Priests to instruct the people, and to each Church its Coemiterium; yea, moreover Paroclias & Dioeceses fo [...]s distribuit quo quisque finibus limi­tibus (que) suis contentus esset, as Funccius out of the Decree hath collected. Func. Comment. in Ch [...]enniog [...]am suam ad an [...]um Christ [...]; 68 13. q 1 c. Eccle­sias singulas. Thus proceed­ing with endeavor to accomplish abroad also what Euaristus had but only began at home: but death or other impediments preventing, that business, was left in di­vers places uneffected, as a work for po­sterity to finish and complete. To make the matter short: the work con­cerning the distinguish [...]ng of Paroec [...]all bounds, being thus farre forth carried a­long (and all happ [...]nning in the time of persecution, or rather when the Church enjoyed its Lucida intervalla, and had pur­chased some Halcyon dayes) Constantine the Great, about the beginning of the 4. Cen­tury, took upon him the Government of [Page 90]the Imperiall Scepter, stayed the then Persecution, shut up the dores of Paga­nish Temples, and restored peace to the Church, and liberty to the Christians; yea, and Councels (few before that time) then began to be rise abroad. Parochiall di­stribut on in England was [...]erformed by Theodorus Archbishop of Canterbury, a­bout the year 668. Spelin. Concil. 152. But Speed saith by Hono­rius the 5. Archbishop al­so of Canter. a­bout the year 636. About this time it may be supposed that the division of Church revenues spoken of by Duare­nus was made, and this Cense then fixed. Though I confesse as yet I have not ob­served it mentioned before the second Councel of Bracar, held a little after the middle of the 5. Century, about the year 570. which Councel I find doth only li­mit, not constitute this payment, and therefore it must be sought for a little higher, wherein I crave the Readers pati­ence for a further inquisition. And so I pass away to the 4. Question, namely?

When this Cense or Pension was usually paid?

And this I find to be, IV as before is men­tioned most usually in Synodo; and that therefore it was called Synodaticum, quia in [Page 91]Synodo frequentius dabatur, saith Hostiensis. Hostiens in sum de Censihus. §. Ex qu [...]bus. I say it was usually but not alwayes so paid: For in the Decretals there is some­what that seems to oppose the limitation and restriction of this payment to Synodi­call Meetings only. Extra de Censi­bus c. Olim. The passage there is this: There arose a question about the payment of this Synodaticum, and after­wards a Suit between a Bishop of Spoleto in Italy and certain Clerks Plebis Rupinae within his Dioecess: The Bishop requi­red Tres denarios Papienses, which according to an ancient Custome, the Clergy were wont to pay at the Feasts of the Nativity and Easter, to wit, at each Feast so much pro Synodatico. Now the said Clerks or Clergy having for thirty six years altered their payment, and rendring to the Bishop and his Predecessors for so long time only Tres denarios Lucenses at each Feast, being a kind of money of farre less value then the former) endeavoured to prescribe against the Bishop, who thought himself safe e­nough to avoid the danger of their Pre­scription by receiving of it sub protestatione, [Page 92]and that in so doing his right could not be impeached, wherein he had like to have been deceived. A great deal of adoe there was, and much bickering between the Bishop and his Clergy, and at length the matter was brought to Pope Innocent the Third to be decided, who examining the cause, and finding the prescription of the defendant parties to be only four years short of a full prescription, Quadragenalis praesiriptio tol­lit omnem actio­nem. Ext. de verb. signisicat. c. Cum inter, ver. per 40 annos. namely of for­ty years (to which time, if the Defendants could have brought their prescription, the Bishop had been gone notwithstanding his protestation) and having also the De­fendants and their Advocates answer, non revocatum, that Papiensis moneta was former­paid: The Pope thereupon passeth a defi­nitive sentence for the Plaintiffe Bishop against the Defendant Clergy, and con­demns them ad solutionem Dena [...]iorum Bapt­ensium: thus there. So that hence it is ap­parently evident, that albeit the Synodatick payment receive its denomination à Syno­do, as being the usual time of [...]ts payment, yet under the same name it was also payd [Page 93] extra Synodum (namely at the Feasts of the Nativity and Easter) I will not affirm abs­que ratione Synodi; for that before this time Synods, I mean Provincial and Dioecesan afterwards I doubt not, were held (occa­sion requiring) twice a year, correspon­dent whereunto by prevalency of custome the Synodatick payment might either be doubled (which is less probable) or di­vided (which I rather incline to think, for so I find the ancient course to be in the Dioecess of Gloucester) namely the payment to be divided into Synodalia Aestivalia, & Hiemalia. Extat. in quâ­dam vetustissi­ma membranulâ quam penes me habeo. Nor do I think that this Synoda­tick payment (taken to be the same with the Cathedratick, as I doe here and else­where) was constantly at all times paid either in Synodo, or at the two Feasts a­bove-named.: For it was sometimes, and very anciently paid also at Visitations. I referre the Reader to the seventh Councel at Toledo mentioned in the Decree, 10. q. 3. c. In­ter caetera, & Casus ibi. where he shall find a Canon against the exacting of more money then Two shillings only pro Cathedraticò in Episcopall visitations. [Page 94]And so have I done with this Question, and pass to the fifth, and that is

How, and by what Law this Cathedraticum came at the first to be imposed upon the Church, and path by the Clergie?

To this Question Hostiensis makes re­ply, V and saith, that it was imposed Au­thoritate Episcopi, by the authority of the Bi­shop, within the sphere of whose Quon­dam activity the Lawyers have found a power to move, Gloss. per Lan­celot. super In­stit. juris Canon. De immunitate Eccles. which they call Lex Dioe­cesana; a term by them invented (be­cause not explicitely found in any Text in Law) for the clear and distinctive expres­sion of Episcopall power in that particu­lar, as the same relates to other Lawes and Priviledges annexed to, and inherent in the Office of the Bishop, to wit, Lex jurisdictionis, & Jus ordinis. And therfore it is that Panormitan saith, Abb. in ca. Di­lect. de Offic. Jud. Ordinar. ubi plura de le­lege Dioeces. that they are vocabula Magistralia magis quàm juris. But to stand no longer upon the term. Thus much I find that this part of Episcopall power thus [Page 95]distinguished and actuated by this Law, did formerly yield the Bishop a large ex­tent of command over all the Churches and Clergy within his Dioecess; all, I say, none Gloss. in ver. Episcopus c. E­piscopus non de­let, Dist. 18. Ext. de Majo­rit. & obed. c. 9. Quod super & gloss. ibi in ver. Dioecesana. excepted but the Cistertians, who by virtue of their order had some Privi­ledges of immunity more then ordinary, as namely to be absent from Synodicall Meetings assembled by the Bishop within his Dioecess, and from payments then made to him by the other Clergy with such like. This then was the Law, and by virtue of this Law founded in the Bi­shop (or power settled upon him by spe­cial donation or dispensation) this Cense was by him 10 qu. 1. in. Casu. received, and the payment thereof fixed, and imposed upon the in­feriour Clergy, which now is become a charge perpetuall annexed to their Bene­fices, and thence annually to be payd (if greater authority interrupt not the ancient course) as an Onus Ecclesiasticum a Church burden or charge: yea, and to shew that it is no strange and unheard of burden no innovated payment. It is said to be [Page 96](besides its imposition by Law) Onus Ordi­narium. The Gloss upon the Provincial Constitutions de officio Vicarii makes it good, C. Quoniam in ver. Onera Ec­clesiastica. where the Reader may find those words. Solutio Cathedratici, Synodatici & Pro­curationum ratione visitationis, & alia hujusmo­di de quibus non dubitatur quin sunt onera ordina­ria suum capiunt effectum ab impositione legis. But this place of Lyndewoods Glosse gives occasion to a question namely, Whether Procurations be imposed and due by the same Law that Cathedratica are: To which I answer, that (questionlesse) they are not. For Cathedraticum, 10. q. 1. in casu. Synodaticum, tertia vel quar­ta pars Decimationum & Oblationum, &c. are Census, and exacted or imposed as I con­ceive Lege Dioecesanâ. Gloss. in v. Cen­sus, Ext. de Cen­sibus, c. Prohi­bemus. But Procuratio is not properly Census, but Pensio. And as it is so, and reduced to a certainty of summe, that Pension hath its ground, as before intimated from Papal Constitution, and that Constitution also its root and footing from a principle in the very Law of na­ture. And so much Hostiensis is bold to assert, when speaking of Procuratio as it is [Page 97]due ratione visitationis, Host. ubi supra. § A quibus danda sit. he saith that it is Adeò debita quod quamvis nullas expensas faciat Episcopus propter visitationem nihilominus eam recipit. And the reason he urgeth is out of St Paul, and St. Paul out of the Law of Nature; Qui seminat spiritualia metere debeat carnalia. Thus Hostiensis, who propound­ing the Apostle in bare positive terms, doth not so fully (as I conjecture) press the duty and scope of the Text: For these are the words; 1 Cor. 9.11. If we have sown unto you spi­rituall things, [...]; is it a great thing if we reap your carnall? The Interrogation seeming vehemently to inforce a redition or retri­bution on the one hand, especially upon the performance of the conditional pro­position on the other: [...]; as much to say, Is it a great thing? No, in compari­rison of the duty, the charge is not worth naming. But this is an excursion, I return. We see the Law, that is to say, the Law Dioecesan carries the authority of this Ca­thedratick imposition, which therefore is said to be Episcopale, because founded ori­ginally in, or settled solely upon the Bi­shop, [Page 98]to whom in honorem Cathedrae, and in token of subjection and acknowledge­ment of superiority to him, as before is expressed, it was by the Clergie anciently rendred, and may now by him be law­fully exacted from them, as I conceive. And this is my answer to the fifth Que­stion. The sixth and last is this.

What relative nearness our Synodale now hath unto this ancient Cathedraticum.

To this I answer in a word, VI That albeit to Cathedraticum our Synodale seems to have but small or no relation, because they so much differ in literall enunciation, yet not so to Synodaticum; to which both in sense, signification, and literall likeness it doth very strongly referre. That being a payment of Two shillings; ours for the most part the same: that paid most usu­ally at Synodicall Meetings, and anciently sometimes at Visitations; our Synodale (since Synods discontinued) payd at Vi­sitations altogether, at least in many pla­ces [Page 99]so. Take them then, and wynd them up in one clue or bottom, and all of them make (as I conceive) but one payment. One I say, and that very identicall one, that now is in use of receipt in this King­dome, known and distinguished by the name Synodale, or the Synodal payment, Rastal. tit. Pensions, &c. or (which is the same) the Synody. The Sy­nody I say, which by Act of Parliament of 34 H. 8. is reckoned as a Church due; for the recovery whereof in case of denyall, a sufficient provision is by that Act made: And upon great reason too, for that the said Synody, or Synodal being a Pension cer­tain, is valued in the Kings Books, and his Majesty receiveth an yearly Tenth out of it. And this is all that for the present I have to say touching this Synodale: In which discourse if I have erred, I humbly implore the charitable censure of the lear­ned Reader, &

Let others better studied this way re­form, [Page 100]or suffer with patieene till time and further industry shall discover to me my mistakings, which if haply once I finde, I shall hastily retract. In the mean time I leave the point, as now it stands, and passe unto another Eccle­siasticall due, namely Pentecostalls.

AS he that travels in a mist, or in parts unknown calls up­on every one he meets with­all for direction; and as he that seeks passage through a dark room catcheth at every hand that may lead him to the light; so am I constrained to doe in the disquisition and search after this ancient Church-due, Pentecostals. For the Canon Law, and Provincial Constitu­tions, so much as I have read, they make no mention of them under this Title. I have heard some roave at them (as he in the holy Story that drew his bow in incertum) & to say, 1 Reg. 22.34. that surely they were those Peter-pence anciently sent to Rome out of this Land, [Page 102]and continued to the Church unto this day under another name, and I know not what. But Peter-pence they cannot be; for if we examine the antiquity of the one and the o­ther of them, so farre as I can discern, we shall finde a great deal of difference be­tween them. It is certain (for ought that ever I have read or heard to the contrary) that untill the time of Ina, Polyd. Virgil. Aug. Hist l. 4. p. 89. & 90. King of the West-Saxons, who lived about nine hun­dred years agoe, Peter-pence were never heard of in this Land; but our Pentecostal (if I may have liberty to conjecture) was in use some hundred years before that time. Again, if we consider the manner of their collection and payment, Polyd. ubi supra p. 90. it was (saith Polydor Virgil, who was Collector of them in this Kingdome) domesticatam, from every house a penny; I say, every house that had but five groats worth of living Cattel, Stow in annal. Edvard. 3. of one manner of Cattel; as Stow: But 30. denariatus vivae pecuniae in domo suâ de suo proprio, Lambard. Ar­ [...]hai [...]n in l [...]g. Edv. Regis fol. 128. belonging unto it, as by (the Laws of King Edward before the Conquest) may appear. In our Pentecostal no such matter. [Page 103]Lastly (if I may not be thought nugas a­gere) there is yet another difference, and that is in the time of payment: for Peter-pence were usually payd either at the Feast of the Apostles Peter and Paul, Lege Polyd. ubi supra. or ad festi­vitatem quae dicitur ad vineula, commonly called Lammas day. Pentecostals seem to be paid upon, or about the time that doth chiefly denominate the pay, namely Pente­cost. But that they have no relation the one to the other; yea, that Peter-pence are not in rerum natura at this time, it is evident: For that by a Statute made in the 25 of H. 8. and revived upon a Repeal 1 Eliz. 1. those Peter-pence amongst other Papall exa­ctions had their doom, and suffered deser­ved extinction by Act of Parliament. De­served, I say, albeit the Cardinal is pleased over hastily, and thanks be to God, as un­truly to collect, that a judgement fell upon this Land, when first it fell off from Rome­scot pay. Baron annal. ad an [...]. Chr. 740. Mirandum illud accidit ubi cessa­vit pendi No Vectigal, but Eleemosyna mera. Eliens. ad bellarm. A­polog. respons. p. 83. vectigal istud utcunque malè redemp­tum Haeresium allu vinne Anglicana Ecclesia ab­sorbetur, saith the Cardinal. But to leave [Page 104]excursions, and to come home unto our business, this Pentecostal payment seems (to me it doth) to be (at least in the nature thereof to have reference to) an Oblation; which amongst the Christians in the elder times of the Church was most frequent, and yielded much in matter of yearly reve­nue to it; devotion carrying in with a full hand what might well be spared to holy uses, 2 Cor. 8.3. and spurring on the people [...] (to use the Apostles phrase) even beyond their power to munificency, as conceiving the Churches Chest to be the safest Trea­sury. When the Tabernacle of old was to be built, see, the people came on to the work with such zeal, Exod. 36.6. that Moses was fain to proclaim a Sufficit, before the people would leave off to offer. So in the Acts of the Apostles we find what the Christians in those times did, they even sold their posses­sions, Act. 4. and left them at the Apostles feet. And the manner in succeeding times of the ancient Christians also was, they offered not the price, 12. q. 1. c. Vi­dentes autem. but even their Fields and Farms Matricibus Ecclesiis, from whence they [Page 105]only received livelyhood, and left the rest to be imployed to sacred uses. To Mona­steries & Et nimio plus obtulerunt Ma­jores nostri nec ullum sibi mo­dū statuer ūt vel finem Monaste­steria donis ac­cumulandi. Eli­ens. ad Apolog. respons. Churches nothing was thought too much, nothing too good to be offered; such was the devotion of our Ancestors. And that works of mercy and charity were eternall, and that there could not be any deed more beneficiall to the soul, more meritorious, then bounty to the Church; this was their perswasion. So that as all rivers hasten into the Sea, Eccles. 1. as the Wise-man speaks, so all went to the Church; yea there seemed to be a kind of pious contention in the people ( Certatim Ecclesiae populus offerebat, Duaren. de sa­cris Eccl. mini­steriis & Benef. l. 2. c. 1. as Duarenus) who should be first to bring in their offerings to this sacred Gazophylacium: even Kings and the Great-ones of the world, not on­ly the common people brought in liberal­ly this way. Of Ethelwulphus King of the West-Saxons it is thus written, that he gave the Tenth of his Kingdome free from all tributary charge to the Church. Antiquit. B [...]it, pa. 73. And how liberall his Successors divers of them were, till the exorbitant excess, and [Page 106]inordinate luxurious living of the Monks in this Kingdome, accompanied with the extreme neglect of Religion, did abate the edge of their dovotion, may be seen, Antiquit. Bri­tan. p. 86. as in an Oration that King Edgar delivered in much passion & grief for such abu­ses to Dunstan then Archbishop of Can­terbury; Mecum obsecro animadvertat hic Lector si velit se­quentia apertiùs intelligere, cujus devotionis ac regula­ris observantiae suerunt ab antiquo Winchelcumbienses Monachi, quando ob corum vitae sanctitatem, integri­tatemque quotquot sere in circuitu nostro ruri manebant, aliquam portionem de suis frugibus & terrae nascentiis sibi à Deo co [...]cessis Ecclesiae nostrae quotannis in Elee­mosynam offerendum voverunt. Ve [...]um quorum in cu­riâ tantae dev [...]tionis Census sive redditus primò negle­ctus sit, aut cur illud revocaverint, seu amplius non solve­rint, haud uspiā mihi consta [...]e potuit. Arbitror saue, quod postquam in coeperit fervor religionis atque devotionis a­pud ipsos Winchelcumbienses torpere atq [...]e srigescere si­cut accidit (uti reo [...]) tempo [...]e Willielmi de Shcurburnia, & Roberti de Upwella, o'im nostri loci Abbatum. Tepuit etiam erga cos aliorum Christianorum devotio. Illius igitur rei ob illud [...]am m [...]mini ut posteri videant quan­tum damnum & jacturam rerum juslo Dei judicio in re­bus nostris temporalibus tunc passi sumus quando incoepi­mus remissio [...]es esse erga sacram observantiam regula­rem. Simulque & nobis timendum ne majora mala sint futura si (q [...]od absit) in talem remissionem aliquam reci­daverimus. Eam quoque ob [...]em sent [...]o, [...]a vivendum, ita elabo andum ut novo devotion [...]s spiritu concepto, ob vi­tae ipsorum Winchelcumbiensium sanctitatem & sa­cram a [...]ud eos observantiam regularem corum predia ac possessiones oblationesque angeri potiùs quàm diminui de caterò mer [...]antur. Quae autem erat illa Oblatio seu Eleemosyna le Church-seal oli [...]n nuncupata sequens li­tera de clarabit, &c.— Lieger book of Winchcomb. fol. 43. so also by a digressive ani­madversion that I find in an ancient Manuscript con­taining the Anti­quities of the Mo­nastery of Winch­combe, and the prin­cipall Occurrents and Acts of that Abby for divers hundred of years, wherin the state of the Abby is much deplored in respect of the irregularity of the Regulars there. This [Page 107]at home; and to look a little abroad, it is recorded of Charles the Great, that he offered whole Saxony, that he subdued, Baron annal. ad ann. Chr. 804. to St. Peter at Rome, and twelve hundred pounds yearly he brought in elsewhere ad servitium Apostolicae sedis, besides what he bequeathed at his death to the Metropoli­tan Bishops for Church and Poor, Registr. Chroni­corum in vit. Caroli magn [...] being two parts of his goods, if Registrum Chro­nicor. report truth. And what Licinia, a very rich and wealthy Matron in the Pri­mitive time did, the Tripartite Story tels us, Histor. Tripar­tit. l. 1. c. 9. that she gave all her goods to the Church of Rome. This in foraign parts, and to go no further. Can. Apostol ca. 40. & ca. 41. 12. q. 1 c. vi­dentes &c. Praecip [...]mus, Et c. Episcopus, & q. 2. c. Vobis 10 q. 1. c. Quae cun (que) res. Now all these Obla­tions the Bishops after the Apostles times had sub clave potestatis to dispose of, they being thought the fittest instruments to be intrusted with the goods of the Church, to whom the charge of the souls of Gods people was chiefly committed. And into Can. Apost. ca. 40. Beda Eccl. Hist. Angl. l. 1. c. 27. four parts or Canonicall portions they commonly were (by Deacons first under the Bishop in imitation of Apostolical in­stitution, and afterwards by a Clergie [Page 108]Steward, called in the Law Distinct. 89. c. quia in qu [...] ­busdam. 16 q. 7. c. Quo­niam in &c. In nova. E. Concil. Chalced. ca 26. O [...]conomus al­wayes accomptable to the Bishop) divi­ded, and accordingly distributed one part to the Priest or Clerks that did service in the Church to which their offerings were brought. A second part to the A [...]. A [...]sto [...]h. Schol. in Pl [...]t. Hisunt Th [...]sau [...]i Ecclesiae, & verè. Thesauri in quibus Chri­stus [...], inquibus Christi fides est. Dict. S. Lau­r [...]ntii Martyris de pauperibus ex Ambros. l. [...]. Offic. c. 28. Di­stinct. 82 in Princip. c. Epis­copus. Duaren l. 2. c. 1 de sacris Ec­cles. ministeriis & benef. 12. q. c. 1. Praecipimus. Poor, who were in the Primitive times called the Ch [...]uches Treasure, and of whom the Bishops had an especiall charge and re­gard. A third towards the Fabrick or repair of the Church. And the fourth and last part the Bishop did usually assume unto himself hospitalitatis exercendae causâ, and sometimes a third part too, which when he took, he also undertook the re­pair of the Church, Gloss. in ver. Tertius 10 q 3. c. u [...]io. 10. q. 1. c. De bis &c. Anti­quos Canones. Onus fabricae; so the Gloss, which otherwise rested upon the Priest or Clerks of that Church to do from the allotted divident. By this means, I mean of munificent offerings, and from Altaragies, that is, offerings made upon the altar (whereof the Bishop had sometimes a third part, and sometimes a moity) as likewise from Oblations brought unto the Sepulchres and Shrines of Martyrs, with [Page 109]such like in-comes; the Church doubt­less became at length wonderfully enrich­ed; for even the vessels that they used in their Temples in ancient and aftertimes, Op [...]at. l. 1. ad Parmen [...]anum. Au [...]ust. Epist. Epist. 165. being in great abundance (besides orna­ments, wherewithall they were plentiful­ly stored) were of gold and silver: yea, and it is not improbable to conjecture that many goodly Temples whose curious work and costly materials doe yet after so many ages past give cause of admiration to the beholders, were even hence raised from the dust, and divers Monasteries, Priories, Religious Houses and Hospitals were by this means founded and plenti­fully endowed. But to leave to speak too much of that, that hath so long agoe for the most part left the world, namely libe­rall devotion towards the Church. In this little Pentecostale there is somewhat that tends that way, if the original thereof could be exactly found out. In ancient time the Bishop was to visit Ecclesiatim, as before is mentioned. When he came to visit, his manner was to celebrate the [Page 111]Masse ( [...], Novel. Justini­an, Constit. 123. c. 10. as the Emperor phraseth it) in the Church that he visited, which he did by his Episcopall authority, every Parish within his Dioecess, being Paroechia sua; Ext. de Rap [...]o ribus c. de ill [...]s. & therfore is the whole Dioe­ces in respect of the Bishop by the Law called Paroechia; 10. q. 3. c. Quia & Duarenus passim. as likewise the whole Kingdome (the Province at least) in re­spect of the Lord Archbishop of Canterbu­ry is so called. Antiquit. Bri­tan. pa. 28. & pa. 64. Lyndewood Duarenus. At this Masse the people made an offering to the Bishop (as at o­ther times their manner was to doe to the Curate when he said Masse on Sundayes and Holydayes) which he received. But upon this Custome I cannot fix the origi­nal of this due, forasmuch as the act of Massing quolibet die dominico being too ge­nerall in circumstance of time (to which our Oblation or Pentecostal hath special reference) doth not fitly denominate the pay. Now as all Offerings were usually divided into four parts, Gloss. in v. Ob­latio de jureju­rancto c. Presby­teri. as before is decla­red: so the Glosse upon the Provinciall Constitutions observes a fourfold cause or reason for which the people in ancient [Page 112]times were bound to bring their Oblati­ons to the Church: As namely first ex praecedenti Conventione; a mans house or land being tied by a preceding contract for a certain Oblation to be made at a cer­tain time or times. Ext. de verbo­rum significat. c. Cum inter in Rubrica 12. q. 1. c. videntes lege Levitic. 27. v. 28. Which kind of Obla­tion, albeit it be of the nature of a Cense or Imposition, because it proceeds è con­tractu, yet being a thing settled upon the Church, it beareth the name of an Obla­tion, as generally whatsoever is offered to, or in that way settled upon the Church doth so. Secondly, propter praecedentem promissionem sive deputationem: As when a man inter vivos engaged himself by pro­mise of beneficence to a Church, Instit. l. 2. tit. 7. de Donat. or causâ mortis, did depute, destinate, or lay aside any moveable thing for that purpose ( stan­te tali voluntate unrevoked) it ought to be performed (every man in Law being pre­sumed Gloss. in ver. Perdurare ca. Majores Ext. de Baptismo. 13. q. 2. c. Qui Oblatione &c. Clerici & 16. q. 1. c. Statu [...]mus & Gloss. 161. Co [...]cil. 2. Turenens. c. 18. Durare in voluntate in qua decedit) yea, the party or parties entrusted failing in the performance of the trust in them reposed tanquam egentium & pauperum neca­tores so are they accounted) to be excom­municated. [Page 110]Thirdly, propter necessitatem, as when the Minister had not wherewith to sustain himself, the people were bound to supply. Gloss. in v. Va­cuus distinct. 1. de Consecrat. c. Omnis Christia­nus. And Bartholomaeus Brixiensis his Glosse upon the Text is, That if they re­fused so to doe, the Minister being poor might cut them short. Officia divina subtra­hendo. The fourth and last is propter consue­tudinem, according to which the faithfull were tied certis festivitatibus, to make their accustomed Oblations. Now amongst the Festivals the Feast of Pentecost was, and worthily is a most special one. At which Feast there was even in many places here in England anciently an Oblation made by inferiour Churches and Parishes: to the principall mother Churches, which in probability may originally cause the de­nomination of Pentecostalia or Whitsun-far­things (for so also are they called) they being the issue perhaps of a devout Fast and abstinence, that about that time was by a Councel decreed to be kept; or of that great Sacrament of Bap­tism yearly celebrated with much solem­nity [Page 113]at this Feast, and Easter only; at what time the people brought their children turmatim, by troups at it were, unto their Baptismal Churches to be bap­tized, which Custome continued not on­ly to the time of Lotharius the First, as Bea­tus Rhenanus, but long after, Rhenani obser­vat. in Tertul. fol. 154. Abb. Ʋrspergens. Chronicon. even to the time of Lotharius the Second (that lived a­bout four hundred years agoe) as Abbas Ʋrspergensis observes: Or rather perad­venture they allude to those Oblations in the time of the Law which the Jews made at their anniversary meetings in the Temple of Jerusalem at this Feast. To the which Oblations they held themselves bound by that place of Scripture, Exod. 23. Exod. 23.15. Deut. 16.16. Non apparebis in conspectu Dei vacuus. So then, the Temple of Jerusalem being the Mother Church of the Jews, to which at this Feast they brought their Offerings: And our Cathedrals being (in a special manner though not only) the Mother Churches of particular Dioeceses (to which at the same time Offerings have bin anciently brought, as before is menti­oned) [Page 114]this custome of Pentecostall Offe­rings may in some probability have its o­riginal derivation thence. And in this guess Gulielmus Durandus runs along thus far in agreement with me. Ritus igitur (saith he) Synagogae transivit in Religionē Ecclesiae, & sacrificia carnalis populi mutata sunt in observan­tiam populi spiritualis. Durand. Ratio­nale divinorum Offic. l. 4. c. 30. Numb. 34. Thus he, writing a­bout the offerings of the old Law. And surely it is not vainly conceived, the Jews might be the Authors of this Custome. Nor needs any man to be ashamed to fol­low their steps in so good an example, though the worst of men, Gens sceleratissi­ma, Aug de Civit. Dei [...] 6. ca. 11. Synes. in Epist. Epist. 4. as St. Augustine out of Seneca, [...], as Synesius pleaseth to stile them. But to come back to our business. To the principall Mother-Churches then, these Oblations were especially made, and being thither brought, the Bishops as be­fore is set forth and declared, had them solely to dispose of, as whatsoever else were offered in or brought unto other Bap­tismal and Parochial Churches, 16. q. 1. c. Sta­tuimas. yea and Chappels too (for in such also Oblations [Page 115]were made consentiente Episcopo, & not other­wise) came within the compass of his distribution. So I find that Eugenius the Third did by his Dipl [...]ma or Letters Pa­tents grant the fourth part of the offerings made upon the greater Altar of the church of St. Peter in Rome, Baron. annal. ad ann. Chr. 1153. to the Arch­priest and Canons of the same church. This of the Bishop of Rome. 12. q. 3. c. Episcopus. And that the Bishops elsewhere did or might doe the same, I see no cause to doubt, though the Pope whose power and authority in this Kingdome and elsewhere was once so great as being (forsooth) Caput omnium Pontificum a quo illi tanquam à capite membra descendunt, as Durandus overlasheth; Durand. Ratio­ona [...]. de min [...]str. & ordin. Eccl. l. 1. fol. 31. and as having within the compass and limits of his jurisdiction above an hundred and twenty Archbishopricks, and above a thousand Bishopricks, as Stapleton vaunts, Stapleton de Magnitud. Rom. Eccl. l. 1. c. 3. did ex plenitudine potestatis sometimes inter­pose, and order and dispose things in the Church according to his own will, giving to this body, or that member as he saw cause; but ever to the Clergy to whom, [Page 116]and to those uses before expressed by the Canon Law these Offerings were and are only due, and otherwise interdicted to the Laity sub districtione Anathematis. 10. q. 1. c. Quia Sa [...]erdo [...]es, & e. Sanct. Pa­trumibi. And hence it may be that in some places the Deans and Praebendaries of Cathedral Churches have them. In other places Praebends are founded upon them to in­stance two (if credible report deceive me not) in the Cathedral Church of Salisbury, a greater and a lesse distinguished and known by this difference of Major & Mi­nor pars Altaris. And in some Dioeceses a­gain they are settled upon the Bishop and Archdeacon, and made part of their Re­venue, for which the King hath Tenths and Subsidies. An instance hereof: The Cathedrall or mothrr Church of Worcester was anciently before the dissolution a Pri­ory; and among other Revenues belong­ing to the same Church it had those Pentecostalia or Whitsun-farthings yearly brought unto it, under the name of Obla­tions or spirituall profits tempore Pentecostes. And after the Dissolution: when King [Page 117] Henry the eighth, about the 33 year of his reign did found anew and reendow the said Church, he returned these Pentecostalia (after he had kept them about a year in his own hands) in express terms back again to the said Church, which the Dean and Pre­bendaries there receive unto this day (as I am informed) and appeareth due by the Henricus Octavus, &c. Sciatis quod nos de gratia nostra speciall, ac ex certa sci­entia, ac me [...]o motu nostris dedimus & con­cessimus, ac per praesentes damus & concedi­mus Decano & Capitulo Ecclesiae cathedra­lis Christi, & beatae Mariae Virginis Wi­gorn. omnes illas Oblationes & Obven­tiones, sive spiritualia p [...]oficua vulgariter vocat Whitsun-farthings annuatim, col­lect. sive recepta de diversis villatis in Co­mitat. nostris Wigorn. Warwic. & Heref. infra Archidiaconatum Wigorn. & tempore Pentecost. oblata dicto nuper Prioratui b [...]atae Mariae Wigorn. modò dissolut. dudum spe­ctan. & pertinen. &c. Ex Arch [...]v [...]s Decani & Capit. Wigorn. Letters Patents. But in Gloucester it is otherwise; for there the Bishop and Archdeacon only receive them; neither can the Dean and Prebendaries that now are of the Cathedral, nor could the Abbat & Monks of that Church before them ever make just claim to them: For before the suppression these Pen­tecostals, inter alia, were valued to the Arch­deacon in the Kings books, as part of the revenue of the Archdeaconry, even when Procurations and Synodals were, and for ought I know to the Bishop too; but I leave that to the Record, and would here end. [Page 118]But as he that after a long night desires to behold the appearance of the morning Sun; so my self, not yet sufficiently satisfied with what hath been formerly produced in this obscure passage, and desirous vel in minu­tioribus to behold the brightness of truth, then which nothing can be more desireable. Upon the apprehension of some conceived light beginning to discover it self in this particular. ‘— [...] Euripid. in Phoeniss.’ Hope to finde gives me encouragement, and makes me yet eager to seek. Fabianus a certain Bishop moves two questions to Pope Ge­lacius, which, as I conceive, doe somewhat concern our present business. The for­mer of the two was, 10. q. 3. c. Nec numerus, & Gloss. 161. Whether a Bishop might require pro Cathedratico, ultra antiquam consuetudinem? To this the Pope answe­reth no, he might not. And the later was this, What part of Oblations he ought to receive? And the Pope refers him to the Custome observed in other Churches, whether a moytie or third part: Not the moity or [Page 119]third part generally of all the Oblations made (that questionless is not the question in this place) but only of such as were brought in, Polydor. Virg. de Invent. [...]e­rum l. 6. c. 8. 18 q. 2. c. Fleu­therius [...]e con­sec [...]. Distinct. 1. c. Slennit. De­dicat [...]onum. in die ann [...]versariae dedicationis (for this solemnity was annual, and all upon that day, vicatim made holy day, as Poly­dor hath it) vel alterius solennitatis, as the Bishop and Founder, or Priest did covenant and agree at the time of the Dedication of that Church; so the Gloss explains the Case. And surely this is it that Hostiensis specially aims at, if I mistake not, when wri­ting of the time of the imposition of Church Censes, he thus saith, That their imposi­tion was aut fundationis tempore, aut donatio­nis, aut consecrationis, Host. in summa de Ce [...]s. § Si­quis Census. aut tempore immunitatis indultae. His enim temporibus, vel imponitur, vel offertur saith Hostiensis. And probable it is, yea doubtless so it was: 16. q. 1. c. Qui­cunque. For as be­sides the Bishops knowledge, Platin. Volater. l. 22. Et Polyd. Virgilubi supra. Bale [...]s de Rom. Pontis. de actis 18. q. 2. c. De Monachis. and consent praeter Praesulis conscientiam no Church could be consecrated within a Dioecess ( Faelix the third having made a Constitution to that purpose about the year 484) so neither could any Church or Monastery be found­ed [Page 120]or built in a Dioecess without the con­currence of Episcopall approbation, except in places priviledged, De Privilegiis c. Authoritate in 6 ^o. exempted from the Bishop, and appropriated to the Pope. So that when the Bishop did yield his consent to the founding, or his pains in consecra­ting or dedicating any such Church, he re­served somewhat to himself and to his See Episcopal nomine Pensionis. Ext. de Religi­osis domibus c. Constitutus. Sed nec illud in­solitum aut novum habert debet, ut cum Episcopi Ecclesias piis locis ritè concesserint, aut exemptas fecerint aliquid sibi in iis pensionis nomine reser­vent. Not that the Bishop did stipulate or contract with any, either Founder or Priest, to receive so much in recompensationem, Gloss. in v. Re­compensationem. Ext. de eodem. for such his concession, consent or pains taking any way before hand, and that he would not doe it, nisi prius aliquid ex pacto detur, vel promittatur: No, that was held abo­minable as down-right Simony, a sin (of any other detestable) and not only against the Decree of the Pope, Ext. de Symo­nia c. Tanta. 1. q. 4 c. Eccle­sia Concil. Bra­car. 4. Can. 5. Aug. Epist. 75. ad Aux [...]ntium. but the Canon of a Provinciall Councel (such consecration had been execration, as St. Augustine some­where.) But when the business came to be [Page 121]effected that was pursued, then was the reservation made, it seemeth then. But here now falls in a question, vtrum in spi­ritualibus interveniat Pactio? Oblations be­ing spiritual Profits, it might be demand­ed, Whether they were settled at the first, where now for the most part they stick (namely in the Bishop) and are rendred and paid under the name of Pentecostals, by a contract yea or no? To this I an­swer. Videtur quòd sic. For in the Decree I find [...] Chapter (to name but one) to this purpose. An Oratory was founded by the Mother of Eleutherius, 18. q. 2. c. Eleutherius. a Bishop in the Dioecess of one Cardellus a Bishop; at the Dedication of which Oratory there was a Convenisse, saith the Text, between the Foundress and the Bishop, that such a proportion the Bishop should have out of the Oblations made at such a Feast. It seemeth then that contracts of this nature might be made. But whether this Con­venisse, this Contract ought to be before or after the Dedication may admit ano­ther question. If after, the Glosse upon [Page 122]the Chapter Ecclesia warranteth that post dedicationem pacisci Episcopo suggerente permitti­tur: 1. q. 4. c. Ecclesia. so then the Bishop might after De­dication by way of pact require a Pension. But might he not before? Yes, It is not doubted by the judicious, but affirmed that he usually did and ought to doe so, which by no means he might doe if any corruption were in this contract. But contract I cannot so fitly call it: For al­beit there be a kind of [...], a sem­blance or seeming shew of a con [...]act be­tween the Bishop and the Founder or Priest in this Act, yet in truth it cannot properly, and in strictness of Law be ter­med a contract. And so much the Glosse upon the Chapter Eleutherius doth plainly deliver in these words: Dic [...]s quòd hic non verè, dicitur pactum, quia & sine pacto tenetur Ecclesia aliquid dare Episcopo in signum subjectio­nis. Thus then the Bishop did reserve a Pension at the time of the foundation or dedication of the Churches within his Dioecess; and this he might lawfully doe without any the least suspition of cor­ruption. [Page 123]And his Episcopal authority did not only warrant him to make such reser­vation to himself out of the church oblati­ons, but to impoese a Cense upō any Church under his jurisdiction to the use of the Pa­tron thereof, if need did require. Imo Episcopi authoritate potest aliquid constitui Patrono, as the Gloss above mentioned hath it. And now at length to draw to a conclusion, the sum of all is. This Pentecostal that I have been so long in seeking after, and is in common re­ceipt here in England at this day, is nothing else (as I conceive) but the annual comme­moration, continuation or repetition of an ancient payment, or pension, issuing out of the oblations brought by the people so long agoe at the time specially of the foundation or ded [...]cation of their several Churches, or at some other solemnity, to wit, the moity or third part of the obla­tions then made. The same being reser­ved by the Bishop, and by a contract (seu quasi) between him and the Founder of such Church or Priest, assigned to attend the same, setled in and upon the Episco­pall [Page 124]See, and payable yearly at or about the Feast of Pentecost; S [...]pra 10 q. 3. c. Nec numerus. for Alterius solennitatis will warrant such a conjecture. This I say is, at least I take to be the same that we now call by the name of Pentecostals or Whitsun-farthings. And so now, if truth fall out here also to be the issue, as it hath certainly been the object of these my weak endeavours, then have I that by Gods fa­vour performed to me, Matth. 7.7. that sometimes in Evangelical words was promised to a ser­vant (whom Clemens Abexandrinus makes mention of) consulting the Oracle how he might please his Master [...]. If thou seek thou shalt find saith the Oracle. Clem. Alexand. 4 ^o. Strom. sta­tim. ab initio. But if misapprehension or species recti instead of truth, misinforming judgement hath run me into error (as it is easie for a stranger travelling in parts unknown and unfrequented sometimes to step aside, and to be out of his way) My suit to the Reader then is — si quid novisti rectius istis Candidus imperti: Horat. Epistol. l. 1. ad Numid. which if he fail to do, and my self not able to rectifie things amiss, The Jewish extremity must be my refuge, Buxtorf. de a­br [...]vtaturis, pa. 182. Tishbi solvat.