AN Historical Discourse, Briefly setting forth the nature of PROCURATIONS, And how they were anciently paid, with the reason of their payment; and somewhat also of SYNODALS And PFNTECOSTALS: With an APPENDIX in answer to an Opposer.

By J. S.

[...].

LONDON, Printed by R. Hodgkinson, and are to be sold at the Rose and Crown in St. Pauls Church-yard, 1661.

PErlegi Libellum, cui Titulus [An Hi­storicall Discourse, Briefly setting forth the nature of Procurations, &c. By Jo. Stephens] quem fieri publicum non indignum cen­seo. Imprimatur modò intra tres menses.

ROBERYUS PORY S. T. P. Reverendissimo in Christo Patri ac Domino D. Archiepiscopo Cant. Sacellanus Domesticus.
[...]

REVERENDISSIMO in Christ [...] Patri, ac Domino D. GULIELMO, Providentia divinâ Cantuariensi Archiepiscopo totius Angliae Primati, & Metropolitano. REVERENDISSIMO etiam in Christo Patri, ac Domino D. ACCEPTO eadem providentia Eboracensi Archie­piscopo, Angliae quoque Primati, & Metropolitano. Nec non Admodùm Reverendis in Christo Pa­tribus ac Dominis D. GILBERTO, divinâ etiam providentia Episcopo Londinensi, & D. BRIANO Episcopo Wintoniensi: Caete­risque Reverendis Episcopis, & Praesulibus utriusque Provinciae in Ecclesiâ Ang­licana constitutis.

ANnus praeteriit vigesimus (Reverendissimi & Rè­verendi Partres) ex quo Tractatum hunc Histo­ricum [Page]de Procurationibus Synodali­bus & Pentecostalibus in Usum publicum composui: sed priusquam ederetur Procellâ appropinquante manum ab editione retrahere cogebar, & chartulas abdere a Pla­giario qui in sequente Tempestate apertâ fronte grassabatur. Sub spe tamen fore tempus, ut hae meditati­ones qualescunque (si [...] non ob­starent) in lucem emitterentur. Et nunc tandem foràs exiturae Patro­cinium vestrum. Honorabile (vigi­lantissimi Navarchi qui ad Cla­vum Ecclesiae sedetis) humiliter im­plorant. Dentem invidiae non re­formido (tenuitati non invidetur, sed sublimitati) Contemptus est quem potius vereor a quo sub um­braculo tantae authoritatis & emi­nentiae, [Page]velut sub Aegide Minervae (veniâ submisse petitá) me recipio, & abscondo. Orta fuêre annis ante­actis dissidia quàm plurima, Lites e­tiam & velitationes de tempore in tempus non paucae inter Archidia­conos Glouc. & Clerum ibidem de Re solutionis Procurationú & Cen­suum Ecclesiasticorum; Ad quas componendas, & ne Ecclesia quic­quam detrimenti caperet, ne etiam flamma dissentionis inter Ecclesiasti­cos de integro exurgeret aut erum­peret: Egomet ipse inter mille mi­nimus lubens surrexi. Et quid in his conatibus meis praestiterim in medio reliqui a peritioribus pensi­tandum.

Est quadam prodire tenus si non da­tur ultra.

D. Opt. Max. qui potest rependat vobis quicquid a me rependi non potest; Et benedictiones in sinus ve­stros amplissimos magis magisque cumulatissime refundat. Faxit in­super, ut peracto hujus vitae curri­culo, a terrenis ad sedes sempiternas inter Coelites post seros annos feli­citer transferamini. Et haec, ex inti­mis ipsius votis qui est.

Paternitatum vestranum Servulus humillimus Jo. Stephens.

To the Candid and ingenuous READER

WIth little encouragement to undertake, and less abili­ties to perform a task of this nature; I have out of my respect to the Clergie (whose cal­ling I much honour) adventured to run the hazard of a Censure. But as he that observeth the Wind shall not sow, as the Wise man speaks;Eccles. 11. And as he that feareth oblatration must not travel, as all men know: [...]. Act. 27.15. So must he resolve to cast away his pen that will not resolve [...] (to use [Page]St. Lukes Metaphor in another sense) to bear up against the Wind of detra­ction. Thus much I can truly say, that Peace disturbed, only that, (my self being therein sometime a Patient) hath set me now on work, and made me here an Agent, endeavouring by the disco­very of an erroneous cause (the ground of such disturbance) to remove for the future (as much as in me lieth) a very ill effect arising thence. And albeit the light be dim, that forceth it self tho­row a cloud of such imperfections, as I must needs acknowledge: yet is the Greek Proverb true (and I apply it only to the unstudied in the present ar­gument) [...]. Better a little light,Michael A­postol. Pro­verb. Cent. 11. though but a very little, then none at all, better then to be altogether in darkness. For my part [Page]what I have received I freely commu­nicate: the greater burdens I leave to the greater bottoms. All that this little Tractate hath to pride it self in (were it lawfull for it to boast) is that it is [...] (not an innovation but,) a Novelty. Which being so,Act. 17.21. it may haply take an Athenian eare (so much in former times delighted with news, is the Greek Orator observes,Demosthen. [...]. Epist. and af­ter him St. Paul;) yea an English one too, if it be with the English now as it it was in Gildas his time. Patria mea novi semper aliquid audire volens, &c. saith he. But what it is, how and with whom it will take, I have not to say. This only I know, that it hath proved (weak as it is) to my dull apprehension, the issue of more than ordinary labour, some part of it, there [Page]being none de cujus lumine, lumen accenderem meum; None whose footsteps I could find (though I thir­sting sought) to follow in so unfrequent­ed a desert as I wandered through.

—quá nulla priorum,
Castaliam molli divertitur or­bita clivo.
Virgil. Georg. 13.

In a word, what I have here done, my thoughts have wrought within me this perswasion, that the same by the ingenuous Reader will be taken in good part. For the vulgar and unknowing persons (who are least able to judge, but most apt to censure) I fear not their Arrows.

J. S.

De Procurationibus.

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 6o. 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 6o & 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 6o. 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.

Trin. 2 Jacobi in the Exchequer.
The Case of Proxies Between the KING and Sir Ambrose Forth, Dr. of the Civil Law, and one of the Ma­sters of the Chancery. The Case was this.

THe Bishop of Meth before the dis­solution of Monasteries had a Proxie of 15 s. 4 d. payable yearly out of the Commandery of Kells in the County of Meth, parcell of the possessions of the Hospital of St. John of Hierusalem in Ireland, and another Proxie of 20 s. pay­able yearly out of the Impropriate Recto­ry of Trevet in the same County, parcel of the possessions of the Abby of Thomas-Court in the County of Dublin.

In the 33 year of Hen. 8. the said Hospi­tall of St. John of Jerusalem, and the said Abbey of Thomas-Court were surpessed and dissolved, and the possessions of both the said Houses were vested in the actuall [Page 38]and real possession of the Crown by Act of Parliament. But in the same Act there is an express Saving of Proxies to all Bi­shops and their successors. After that the Bishop of Meth and his Clergie (for that Bishoprick hath no Dean and Chapter) did by Deed enrolled, dated 16. Martu 36 Hen. 8. grant the Proxies aforesaid (in­ter alia) to K. Henry the eighth, his Heirs and Successors, the said King being at the time of the Grant and after in actuall pos­session of the said Commandery and Re­ctory, out of which the said Proxies were payable.

Afterwards Q. Eliz. by her Letters Pa­tents dated 1 Novembris in the 33 year of her reign, did demise the said Commandery and Rectory to Dr. Forth, rendring rent without any reservation of Proxies. And whether he shall be now charged with the said Proxies, and with the arrerages of them incurred since the commence­ment of his Lease was the question? and it was adjudged that he should be char­ged: and three points were stirred, and [Page 39]debated in the argument of that case.

1. Whether the Proxies were utterly ex­tinct by the suppression & dissolution of the said Religious Houses of St. John of Je­rusalem, and Thomas-Court, notwithstand­ing the Saving within the Act of Disso­lution?

2. Whether the Bishop can grant the Proxies to the King?

3. Whether the Proxies were extinct in the hands of the King by the unity of possession.

For the first point it was objected by the Counsell of Sir Ambrose Forth, 1 that these Proxies were extinct by the suppres­sion and dissolution of those Religious Houses; for that the visitation of these Religious Houses was the sole cause of the payment of Proxies, Et cessante causa cessat effectus. For those Religious persons be­ing deraigned and dispersed, were not after that subject to Visitation; and then when the Visitation ceased, the Proxie being also an exhibition given to the Vi­sitor, for his travelling charges shall cease [Page 40]also. For Procuratio, (as the Canonists de­fine it) est exhibitio sumptuum necessariorum fa­cta praelatis qui dioeceses peragrando Ecclesias sub­jectas visitant.

Yet they agree that the Visitation cea­seth not immediately by the surrender, or by the Act of Parliament which giveth those Religious Houses, and their posses­sions to the Crown: for by that their Corporations were not dissolved, as 'tis held in the Case of the Dean and Chapter of Norwich, in the third part of the Lord Cokes Reports, 15. Ass. p. 8. 32 Hen. 8. Br. Corporations 78. But when those Religious persons were deraign'd, and had relin­quished their habit, rule, and order for which they were visitable, then the Cor­poration was utterly dissolved, and upon that the Visitation ceased.

And they resembled the Proxie due for Visitation to an Annuity pro consilio, or pro servitio impendendo. If the Counsel or Ser­vice be withdrawn, the Annuity is deter­mined. So if a rent charge be granted for a high-way: stop the way and the Rent­charge [Page 41]shall be also stopped. 9 Edw. 4.19. 15 Edw. 4.2. 21 Ed. 3.7. 45 Edw. 3.8. Dier 6. Hen. 8.2. & 6 Ed. 6.76. So also where a Corodie is granted for certain service to be done: Omission of the service determines the Corodie, 20 Edw. 4. fol. ultimo.

'Twas also said, that this duty was not annuall, but contingent, and payable on­ly at every visitation; as Escuage for every journey Royall; or as Aid for marrying of a Daughter, or for making a Sonne a Knight. In which last Cases, if an Avowry be made for Aid, 'tis a good plea in barre thereof, to say that the Avowant had not such sonne or Daughter alive at the time of the Aid levied, N. N. Br. 82. g.

And for the Saving they said, that the same was a Flattering Saving, which could not preserve the Proxies in being which the Law had extinguished, as it was held 14 Eliz. Dier 313. That the Tenure of Obit or Chauntry Lands held of Subjects are extinct by the Act of 1 Ed. 6. notwith­standing the Saving in the said Act propter absurditatem: So the Proxies in like man­ner [Page 42]shall also be extinguished proptor absav­ditatem. For as it is absurd that the King should be subject to attendance in respect of Tenure, so it is absurd that the King should be subject to Visitation, or to any duty in respect thereof. And of the same nature are many Savings, put in Walsing­hams Case, Plow. Com. 563. which are there called Flattering Savings.

For the second point,2 it was objected, That the Bishop could not grant the Pro­xies to the King for two Reasons: The one deduced from the person of the King, the other from the person of the Bishop.

First for the King,1 admit that he were ca­pable of such Spirituall Office, as to be Visitor of Religious persons, yet shall be not have Proxies in respect of Inconveni­ency and Indecency, and also Impossibi­l [...]ty; for it is not convenient or decent that these poor Religious persons should bear the charges of the King, and it is al­so impossible: for by the Canon Law Procuratio exhibenda [...]est secundùm qualitatem personae visitantis. And the Majesty of the [Page 43]Kings person, and the greatness of his Train is such, that by praesumption of Law no private person can bear his neces­sary charges, or make entertainment for him correspondent to the quality of his person. And therefore 'tis held 27 Henr. 8.10. b. That where Common sins number was granted to an Abbat, and his Succes­sors out of the Manor of Dale, that after the Dissolution the King shall not have the Common sans number; for it is there said, that if the King have it he may sur­charge the Land, which the Law will not suffer. As if a Villain purchase Common sans number, the Lord shall not have it for the reason aforesaid, for then the Ter-tenant may lose the profit of the Land.

For the Bishop,2 though lie may grant his Temporall possessions, with the assent of his Chapter or Clergie, yet those duties that he hath by Prerogative of his Episco­pall chair, or as incident to his Spirituall function, he cannot grant, which accor­ding to the Rule of the Canon Law are [Page 44]of three kinds. 1. Subisdium Cathedraticum, which is a duty of Prerogative and Supe­riority. 2. Quarta Episcopalis, which is gi­ven to him for the Reparation of Chur­ches. 3. Procurationes for his visitation, ut supra, which is a perquisit or profit of his Spirituall Jurisdiction: as Creation mo­ney given to a Duke or Earl for mainte­nance of his honour, cannot be granted over: 6 Hen. 8. Dier 2.2.

For the third point they said,3 that al­beit the Proxie be a personall thing, pay­able only in respect of the persons visita­ble; yet admit that these Proxies are be­come reall, and that the Commandery and Rectory be charged with the same Proxies: then the unity of Possession ex­tinguisheth them in the hands of the King. As a Lordship, Rent-charge, Common, and the like are extinguished by the pur­chase of the Tertenant, if he hath equall estate in the Land, and in the thing which chargeth the Land. And to this purpose the Case of 2 H. 4.19. a. was put; where 2 Prior had an Annuity out of a Parsonage [Page 45]by Prescription, the Parsonage is appro­priate to the Priory and the Annuity is extinguish'd for ever.

But on the other part it was answered by the Kings Councell, and resolved by the Court.

1. THat the said Proxies were not extin­guished by the Dissolution of the said Religious Houses, but were well pre­served and saved to the Bishop.

2. That the Bishop had well granted them to the King.

3. That the unitie of possession in the Kings hand did but suspend, not extin­guish the Proxies.

As to the first point it was observed: First that Proxies had not their originall in the primitive Church; for St. Paul visiting all the Churches which he had planted in Asia and Europe, demanded not any Proxies, but laboured with his own hands for his maintenance, that he might not be bur­densome to the Churches. Yet long af­ter the Canon Law, which declares that [Page 46] Proxies are due to the Bishops in their Vi­sitations, saith,Inslit. Juris Ca­non. l. 2. ca. de Cens. that it is agreeable to the doctrine of St. Paul; Ʋt a quibus spirit [...]alia recipimus eisdem temporalia communicemus.

Secondly 'twas noted that the same which we call Proxie or Procuracy, is ter­med by the Canonists Procuratio, because that in overy Visitation the persons visited procured necessary provision for the Vi­sitors, which provision at the first was in victuals, viz. in Esculentis & [...]o [...]ulentis; and that was do be received with moderation and temperance,Distinct. 35. c. Eccles. Ne jejuniorum doctrinam ru­bentibus buccis praedicent, as it is said in one of the Canons.

But afterwards, when the pomp and ex­cesse of the Visitors required so great Pro­visions as were grievous and intolerable to Churches and Religious Houses, then every Church and Religious House was reasonably taxed; and thereby Proxies re­duced to a certain sum of money payable yearly in the nature of a Pension to the Ordinary, who had power of visitation merojure, as 'tis said 10 Eliz. Dier. 273. b.

And this was aptly resemble to Socage in our Law, of which littleton saith, That in ancient time a great part of those Te­nants which held of their Lords by So­cage, did come with their Sokes [their Ploughs] certain dayes in the year to plough and sow the Demesnes of the Lord; and because that such workes were done for the livelyhood and sustenance of their Lords, they were acquitted against their Lords of all other services.

Afterwards these services were changed into money by consent of the Lords & de­sire of the Tenants, that is, into an annual rent. And as the Tenants in Socage after the said change paid their rents yearly to the Lord, although he had aliened his de­mesnes, and had no land to be ploughed or sowed; so the Churches & Religious Hou­ses, after the Procurations of victuals were reduced to a certain sum, paid them year­ly to their Ordinary though he made no Visitation; and so the Rule of Cessante cau­sâ [...]cessnt effectus holds not in these Cases. And to this purpose directly is Sir William [Page 48]Capels Case put in Luttrels Case, in my Lord Coke his fourth Report, where it was resol­ved, That Land being holden by a Rent payable for the keeping of a Castle, that though the Castle be demolished or de­cayed, yet the rent must be paid: For 'tis there said, That where the Tenant hold­eth of the Lord to keep or repair the Ca­stle of the Lord, and afterward such ser­vice (as Littleton saith in the Case of Socage) was anciently by mutuall consent of Lord and Tenant) changed into an annual rent, although the said rent be pro warda Castri, yet the Lord cannot have the keeping of the Castle back again when he will; for after the composition and change made, the keeping of the Castle is utterly gone. And Pro imports no condition, as in the Case of an Annuity granted pro consilio im­pendendo, but a plain and perpetuall re­compence and satisfaction. By the self­same reason in our Case, albeit that the Parsonages impropriate are now made layfee, ad are come into the hands of lay Gentlemen, which are not visitable; and [Page 49]though that the Religious Houses are sup­pressed, dissolved, and overthrown, as the Castle in Sir William Capels Case; yet the said certain summes of money which came in lieu of Proxies, and retain the name of Proxies, and by ancient composition are become parcel of the certain and settled Re­venues of the Bishop, shall remain for ever, and shall not be subject to exinguishment, no more then Annuities, Pensions, or Por­tions of Tythes, which are paid to this day out of many Abbies & impropriate Recto­ries, and the originall causes for which they were first granted or paid, shall not be now examined or brought into question. And at this day the King himself doth pay and al­low Proxies out of all Impropriations which he hath in his possession; and therefore in every Lease made by the King of an im­propriate Rectory, the Lessee doth cove­nant to discharge all Proxies, Synodals, Pensions, &c. And Sir Humphry Winch then chief Baron (at the hearing of the said Cause) said, That before the dissolution of Monasteries, where a Rectory was Appro­priate [Page 50]to an Abbey immediately the Visita­tion ceased as to the Rectory; for the Abbat was not visitable as Rector for his doctrine, but as Abbat for his rule and order: And yet without question the Ordinary had his Pro­xies out of all Parsonages appropriate to Ab­bies as well before the dissolution as after.

And for the Saving in the Act de 3 [...] Hen. 8. ca. 5. the same is no idle or Flattering Sa­ving, but reall and effectuall: for it is agreed before, that those Proxies were in being at the time of the making of the Act, and not extinguished by the surrender of the Reli­gious Houses; for their Corporations were not dissolved untill the Religious persons had relinquished their houses, and were di­spersed. And then such things as were in Esse at the time of the making of that Act might well be preserved & saved by the Act, though the things extinct before could not be revived by a Saving without express words of Grant and Restitution. And this difference appeareth plainly in the Case of Kekewich 27 Hen. 8. Brook Parliaments 77. And in Sir John Molins Case in the sixth [Page 51]part of my Lord Cokes Reports.

2. As to the second point it was resolved, That Proxies in their originall nature, be­ing duties payable for visitation, were grant­able to the King, and the King was capa­ble of such grant, especially when the said duties were converted to a summe of money certain, in the nature of a Pension or An­nuity: for by the ancient Law of the Realm the King hath power to visit, re­form, and correct all abuses and enormities in the Church; and by the Statutes made in the time of Hen. 8. the Crown was only remitted and restored to its ancient juris­diction, which was usurped by the Bishop of Rome 33 Ed. 3. Fitz. Aid del Roy. 103. Reges sacro oleo uncti spiritualis jurisdictionis sunt capaces. And Proxie is a profit of Ju­risdiction, 10 Hen. 7.18. Rex est mixta per­sona cum Sacerdote: Also by the Common Law the King might have Tithes, of which no [meer] lay person is capable: 22. Ass. p. 75. 21 H. 7.1. The King himself shall vi­sit his Free Chappels and Hospitals: 8. Ass. p. 29. N. Br. 42. a. And Cassaneus in Cata­logo [Page 52]Gloriae mundi, part. 5. consider. 24. cites a text of the Canon Law, viz. Quòd omnes Reges dicuntur Clerie [...]; and another text that saith, Quòd causa spiritualis committ [...] potest Principt latco.

And where it was said, that in respect of the greatness of the King and his Train, competent Proxies could not be ministred to him, and by consequence could not be granted to him. This objection is taken away, in that the Proxies at the time of this Grant were reduced to summes of mo­ney certain: As also the Rule of the Ca­non Law is not plainly cited before, for the Rule is Procurat [...]o exhibenda est secundum qualitatem personae visitantis & substantiam visitatorum.

It was further resolved, That the Bishop with the assent of his Clergie might well grant these Proxies to the King for that the Law hath qualified the person of the King to receive such Grant, albeit the same be such a Prerogative of the Bishop that cannot be assigned to any other. As the Creation mo­ney of a Duke or Earl may be granted and [Page 53]surrendred to the King, though it cannot be granted to any Subject. Also Proxies being now reduced to a certainty in mo­ney, and so made parcel of the certain set­led and perpetuall revenue of the Bishop, might be as well granted by him as a portion of Tythes, or an annuity, or any of his Rents, Services, or other Heredita­ments temporall.

3. And as to the third point, it was also resolved and adjudged, That the unity of possession of Proxies, with the Rectories impropriate and Religious Houses, out of which Proxies were payable, did not ex­tinguish the Proxies in the hands of the King, but suspend the payment of them only pro tempore quousque, the King by his Grant should sever the one from the o­ther.

For the finding of the Law in which point, the nature of these things was con­sidered, which in any fort might be sub­ject to drowning, or extinguishment by unity of possession. And they were said to be of three kinds, as

First,1 Estates in Land.

Secondly,2 Actions reall, and Titles to Land.

Thirdly and lastly,3 Things issuing or coming out of Land, or taken and had upon Land.

Estates in land are properly drowned or confounded,1 when a lesser estate concurs with a greater in the same person, and in the same right: as Terminus & feodum non pos­sunt constare simul in una eademque persona; and a pregnant reason thereof is put in the Case of Bracebridge, Piowd. Com. 3 9 b. be­cause Term is a time finite, and Fee-simple is a time infinite; of necessity then the fi­nite must be drowned and confounded in the infinite. Ob. But thats confounding, and not extinguishment: for if a parti­cular Tenant grant or surrender his Estate to another in Reversion, the particular E­state is not extinct, though it be drowned and confounded; and if a particular Te­nant hath charged the Land with rent or other incumbrance, the Estate shall re­main in being to this intent. And in [Page 55]truth Estates in Land, and right to Land, are things of such substance which can­not be extinct, or penitus interire. And there­fore Littleton saith, that if a Disseisee, when his entry is taken away, releaseth to the Tertenant all his right, that that shall not enure by way of Extinguishment; for the right that he had passed to the Tenant by his Release. And it were inconvenient that such ancient right should utterly be extinct: For, droit ne poet pas morier.

But things that issue out of the Land, as Lordship, Rent-charge, &c. are sub­ject to extinguishment to all intents. As if a Lord grant his Seigniory or Lordship to a Tertenant and a Stranger, there shall be no joyntenancy or survivor between them, for the moity of the Lordship is extinct to all intents and purposes: Plowd. Com. 4.9. a. And if a Lord release to a Te­nant all his right in the Lordship or the Land, such release passeth by way of ex­tinguishment against all persons: Littleton 112. b.

Secondly, Reall actions also,2 and con­ditions [Page 56]are subject to extinguishment, and that is quasi by unity of possession. As in all cases of Remitter, There, he that hath right of action for Land, hath also the possession of the Land it self; so that there is not any person against whom he can bring his acti­on, and for that cause the action is extin­guished for ever.

And upon the same reason, Condition which gives title of reentry in Land is ex­tinguished by purchase of the Land, or part of it: 8 H. 7.8. b. 33 H. 8. Br. Extinguish­ment 49. So warranty is extinguished by Re­infeoffment or Descent of Land to the same person that had the Warranty: 40 E. 3.13.

Thirdly,3 Things issuing or comming out of Land, or taken and had upon Land are of three kinds, and from those different kinds of things these differences doe arise.

If things have their originall and com­mencement out of Land, and no otherwise, and are due in respect of Land only, and are part of the profits of Land, such things shall alwayes be extinguished by unity of [Page 57]possession; if a man hath equall estate and right in both together. Of this nature is Seigniory and reall services: 3 H. 6.1. a. 40 E. 3.40. b. Littleton 49. a. 122. b. 34 Ass. p. 15. Rent-charge: Littleton 48. b. Dier 140. b. Common 11 H. 4.5. a. 24 E. 3.25. b. Chimin. 21 Ed. 3. a. 11 Hen. 4.3. a. And two rea­sons of this rule were brought; one, For that the thing that's extracted out of Land, when it comes back again to the Land, will be naturally extinct; for there is Re­volutio ad materiam primam, from whence comes naturall extinguishment as well of man as of all other terrestriall things. The other more legall reason, is, That he that hath all profits entirely, shall not be said to have part of the profits, for part is con­founded in the whole; and therefore a man cannot have Seigniory, Rent, Com­mon, or High way in his own land.

But on the other part,2 things that are not issuing out of land, as parcell of the profits of land, but are otherwise derived and due upon other respect, albeit they are taken and had within certain land, [Page 58]yet unity of possession doth not extinguish such things. Of this nature are all Fran­chises; as if a man hath a Warren or Pur­lieu in the land of another, and afterwards purchaseth the same land, this unity of possession doth not extinguish the Fran­chises, but he hath them in his own land: 28 H. 8. Dier 30. b. 16 Eliz. Dier 327. a. 35 H. 6.56. a. So is it of Waif, Stray, Wreck, Leet, &c.

Also,3 though the thing be part of the profits of the land, and payable by such person only that hath the land, yet if such thing had its commencement and origi­nall upon any personall respect, and not in respect of the land, and so the person only is charged, and not the land, such thing shall not be subject to extinguish­ment by unity of possession: and of this nature are Annuities, Dismes, Proxies.

If an Annuity be granted in fee by apt words to charge the Heir or Successor,1 al­beit the Heir or Successor shall not be charged without Assets of the land, yet if the Grantee of the Annuity enter upon this [Page 59]land, that entry neither suspends nor ex­tinguisheth the Annuity; for the land is not charged, but the person in respect of the land; for if the land were charged it should not be an Annuity only, but a Rent-charge, and should be recovered by Distress and Avowry, which remedy the Law yields not for a meer Annuity. Also upon assignment over of such Annuity, Attornment should be necessary, which needs not upon the assignment of an An­nuity, as is noted by Yaxley 21 H. 7.1. b.

This point is made more clear, 10 E. 4.10. a. An Abbat brings a Scire facias against a Vicar upon judgement in an Annuity, being against the Vicars Predecessor. The Defendant said that the Annuity issued out of the Manor of B, and the Tythes, Oblations and Obventions of the Vica­ridge, which Manor and Tythes make the Vicaridge: and that the Plaintiff had made entry upon 43 acres parcel of the manor, and had taken the Tythes. Hereupon judgement was desired, whether he ought to have execution. And the whole Court [Page 60]held that it was no plea, because that this recovery was upon a Writ of Annuity: for in the Writ of Annuity the person on­ly is charged and not the land; and to say that he had made entry upon that land, where by his suit it appeared that the rent issued not out of the land, is no plea. And it is also there resolved, that in an Annuity against an Abbat upon the title of Pre­scription, it is no plea, That the Plaintiff had entred into parcell of the possessions of the Abbey. And in an Annuity against an Heir, though he shall not be charged if he hold not by Descent, yet 'tis no plea to say that the Plaintiff had entred into the land descending.

But 21 H. 7. the case is more strong. A Parson of a Church was charged with an Annuity to another Parson by Praescripti­on. The Parsonage out of which the An­nuity was payable was appropriate to the Priory of Aliens, which Priory being sup­pressed by Ed. 3. was granted by Parliament to H. 5. Afterward E. 4. grants the Parsonage Impropriate to the Dean of St. Stephens against [Page 61]whom a Writ of Annuity is brought by the Parson that had the Annuity by prescription. And the Opinion of the Court was, That the Annuity was not extinguished by the grant of the Parson­age to H. 5. by Act of Parliament, though there be no Saving thereof, and that this Annuity is not given inclusive with the Re­ctory; for the Rectory was not charged with the Annuity, but the person of the Rector only. And albeit the payment of this Annuity might be suspended in the hands of the King, yet when the King had passed a Grant of the Parsonage, it should revive.

As to Tythes,2 those are part of the profits of land, and doe arise and renew from and out of land, and yet they shall not be extinct by unity of Possession, be­cause they are originally due in a personall respect. For the ignorance and weakness of Lay persons, which needed instruction and confirmation in matter of Religion, was the originall cause of the payment of Tythes. And the Parson of a Church [Page 62]claims not Tythes in respect of land, but in respect of the person of his Parishioner. And that unity of possession doth not ex­tinguish Tythes: Vide 30 H. 8. Dier 43. 32 H. 8. Br. Dismes 17. And this Case of Dismes is a parallel of the Case of Proxies with which in all points it doth concurre. For even as Instruction was the cause of payment of Tythes, so Visitation which was alwaies accompanied with Instruction (Littleton ca. de Frank almoigne 30. b.) was the cause of Proxies: and as [...]yths are now due, & payable to Lay persons who have pur­chased impropriate Rectories, though they give no Instruction: So Proxies are due and payable to Ordinaries out of Impro­priations and Religious Houses dissolved, though their Visitation cease. And as there can be no Praescription de non decimando, as 'tis commonly said in our Books. So the Canon Law hath a Rule, Quòd nulla est ad­versus Procurationem Praescriptio. Instit. juris Ca­nonicil. 2. de Censibus. And therefore Proxies which resemble Tythes in other points, may well be compared to them in this [Page 63]point, viz. that they shall not be subject to extinguishment by unity of Possession.

Thus have I imparted the whole Case of Proxies, which haply came into my hands after I had penned for my own pri­vate use the foregoing Treatise, which I the rather have set down at large, to the end that any party grieved at this pay­ment might (by weighing all circumstan­ces in the Case) either receive information for his satisfaction, or advantage (if there it be to be found) for his ease. And having thus farre forth travelled in the business, I leave both my self and my labour in this particular to the charitable censure of the discreet and courteous Reader. For my part I hope there is no man suspects me partiall, nor shall find me so: this know­ing age will soon discover such a fault, and being found not suffer it to pass without touch of reprehension. To be [...], equally ballanced, inclining nei­ther to this or that hand, but with my ut­termost endeavour to press, and facilitate the way towards Truth and Peace, was [Page 64]the resolution I' brought with me when first I setled upon this argument. I say Truth and Peace were before mine eyes as my principall objects; which if I be not so happy as to find, it will excuse that I have cordially sought. To speak it in a word; what I could gather up at the shoars and shallowes (Littus enim legi, not adventuring to launch into the Ocean) I have faithfully to my power communica­ted concerning the point of Procurations. And now what shall I more say? [...],Concil. Nicen. Can. 6. let not any private spirit (by o­vermuch curiosity and study of Innovati­on) causelesly goe about to move things well settled out of their ancient places, nor (without evident inconvenience dis­covered, and judged by the eye of autho­rity) so much as think of the word Altera­tion, but let antient Customes stand. The wisdome of all times giving us to under­stand (from the nature of man so prone­ly addicted to change) of what evil con­sequence such attempt may fall out to be by the difficulty [...], c. F [...]dar. Pyth. Od. 4. p. 112. that is found oftimes [Page 65]to follow in the resetling of things (hasti­ly and inconsiderately distrubed) in their former station and place. But I have done with this point, and do now descend to enquire after another Ecclesiasticall pay­ment, namely Synodals.

De Synodalibus.

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 troublesomeGrantz. 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 leastC. 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 the10. q. 1. in casa. Dioecesan; and so he had Jus Census & Cathedraticum exigen­di, to leave other Priviledges unnamed, and Jus imponendi too, asHostiens. 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 stillNeque 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, noneGloss. 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 him10 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, &

—praebeat Alcinoi poma benignus ager.

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.

De Pentecostalibus.

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 intoCan. 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 LawDistinct. 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 theA [...]. 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 pre­sumedGloss. 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 theHenricus 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 6o. 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. 4o. 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.

An Appendix to the former Dis­course, setting forth the reason of printing that and post-scribing this.

THe precedent Treatise that now at length presents it self to publick view, hath lain written by me for divers years, and importunity that occasioned the being that it hath could not fully effect what it willed, till an opportunity also (not expected) imposed a production. Some few years agoe I had the collection of Procurations, and such other rights and duties as have been anciently belong­ing unto, and are vested in the Archdea­conry of Gloucester, for the Archdeacon that now is there, as for many years I had before in his Predecessors time, my very [Page 126]dear Friend. The harsh entertainment that I found from some of the Clergy upon the demand of Procurations for the Arch­deacon in the year of the Metropoliticall visitation of the L. Arch-bishop of Canter­bury that now is, when by Sir Nathan Brent his Vicar-General he visited the Dioeces of Gloucester, put me forward seriously to en­quire after the reason of that payment, but especially of its due in the years of Episco­pal triennial visitation, which though for many years it had been yearly without in­termission or interruption payd (acquit­tances to that purpose I have by me of a­bove 60. years antiquity, & have seen some more ancient) yet was it then, even then vehemently oppugned. The Visitation ended, & my self gotten out of the storm, I adventured with such poor faculties ad I had to make triall how farre forth I could be able to give satisfaction to those that for the time to come should require a reason of the payment, and travelling a while in this study, at last I cast up the reckoning of my labour, and found [Page 127]it to amount to this Qualecun (que) sit (call it what you please) that goes before. And albeit in respect of the subject matter it may fall out to displease some (I cannot avoid it) it comes so near the purse: yet as of the Fig-tree 'tis observed, that though it be very bitter ( [...]) produceth notwithstanding sweet fruit:Plutar. 5o. Sym­ [...]os. Probl. 9. so if the groundwork of this Discourse lie right (be the superstructure as it may) it will in the end doubtless prove profitable, how unpleasing, how bitter soever it may seem for the present, by forewarning those that are [...]able to such payments to avoid op­position that will necessitate both expense of time; time, I say ( [...],Lat [...]tius in vita Theophras [...]i. a preti­ous and costly expense, as Theophrastus was wont to say) yea, and somewhat else, though farre less in value, yet of no little account (especially in these dayes) Money too; and if so, I shall be, I hope, distaste­full to none, nor (to speak in the Apostles phrase) become his enemy to whom I tell the truth. Galat. 4.16. For my part I thought it sufficient (praise I seek not) to endeavor towards [Page 128]the way of Pacification, it was, and is my only proposed end. And however I may fall short of the scope I aimed at, yet as in all acts Civil or Religious, or whatever else, velle, to be willing only (where abi­lity is wanting) amounts to a perfor­mance in acceptation; so I nothing fear the censure of the ingenuous and candid Reader whose charity receiving informa­tion, but from the rules of natural reason, hath learned him to excuse imperfecti­ons with a ‘Si desunt vires tamen est laudanda voluntas.’ But I wheel too far about. The occasion of that Post-script is briefly this, to wit a certain Manuscript that is carried up and down, and passeth through many mens hands (I had only a cursory view of it, and that by chance) upon the same sub­ject with this of mine, but directly in di­vers material passages opposit to it. The Author of this book is or seems to be my friend; betwixt us for three or four years last past there hath continued an inter­course [Page 129]of much familiarity, so far forth that each from other might challenge or­dinary Courtesies. Now that which to me herein relisheth ill, and in him in­deed seemeth absonum, untunable and out of square, and friendly compasse is; First, that he having had the perusal of those Papers of mine so many weeks together, till he had transcribed them, and taking advantage, belike, from the insufficien­cy or surmised partiality of my arguments which yet lay hidden and hurt no man) he, I say, should without provocation write, and undertake to defend upon supposition of wrong (so it is presented) such a cause as neither hath, or ever shall wittingly, and de industriâ be impeached by my tongue or pen, namely the cause of the Clergy. I fear not to say (because I can truly say) I know not, I thank God, to prevaricate, and hope never to be so unhappy as to learn. Secondly, and that which indeed is the All (if I may not be thought [...] to meddle in a business wherin I have so little to doe, [Page 130]for now indeed I have not equall cause, nor like encouragement to write that for­merly I had) is this, That he goeth a­bout by this book of his to alter, yea, ut­terly to a abolish a course of payment so long continued, by suggesting out of the Canon Law, and Provincial Con­stitutions, that injury is done by Arch­deacons (not visiting and yet) requiring and receiving Procurations in the Episco­pall years of Visitation; wherin I confess he hath done the Clergy either much good, or very bad service. If his argu­ments be as prevalent as the title of his book is plausible,Clergy grie­vances discus­sed, &c. I envy not unto him the praise of his good demerits (God for­bid that error committed should be either countenanced or continued, he deserves recompence equivalent that discovers it) but if otherwise, those that are perswa­ded by him may haply suffer by him (by his labour I mean) how zealous so­ever he seemeth to be in the Clergies cause. For the man, to give him his due, he is ingenuous, and not (as Calvin said [Page 131]somewhere of Osiander) futiliter, vainly or unprofitably. No, the contrary sure, dexterous also in his employments, and of ready dispatch. But I wish in this par­ticular, being a business of moment and importance, that more consideration had been taken before he had made it so publick, as it is, or importuned towards the Press to make it more. The Greeks amongst them had a Law against [...],U [...]pian in argu­ment. Orat. An. d [...]ogit. p. 380. apud Demosthe [...] and that no Decree should goe forth inconsiderately. So also had the Emperor Augustus a Speech which he fre­quently used [...],Sueton. in Au­gust. c. 25. implying that no determination could be unquestionably currant, that had not its settlement upon the basis or bottom of mature and delibe­rate counsell. Had these or such other lessons to the same purpose (whereof there are many, which the wisedome of former times hath advisedly recorded, and recommended to posterity for imita­tion) been seriously thought on, this hasty onset of my friend might have been forborn. Doubtless in this case he might [Page 132]have done better to have spared his pains, I say in this case wherein, except error certain had been found (and then, as in civil broyls and discords facto potius quàm consulto opus esset, Tacit. 1. Hist [...]r. so down with such a mischief the faster the better,A [...]isloph. in E­quil. [...]. [...] then) there was no cause of opposition (on his part none) nor cause of haste that I know. But to give my friend some little satisfaction, such as I may, (and I hope he will not prove like him in the Comedy, not perswaded though perswaded; [...]. Ari­stoph. in Plut. I con­ceive better of him then so) thus much I must ingenuously acknowledg. That in the Canon Law and Provinciall Consti­tutions, from the letter of some few Texts and Glosses, such a sense, seeming at the least, as he asserts doth result; namely, that Procurations are not otherwise to be re­quired but upon the duty of Visitation performed.Extr. l. [...]tit. 30. As for example, Procurationes quae ratione visitationis debentur Episcopis, &c. absque manifestâ causâ nullatenus exigan­tur, nisi quando personabiliter officium visita­tionis impendunt. And again, Archidiaconis [Page 133]districtius inhibemus ne aliquo modo Procura­tiones recipiant sine causâ rationabili, nisi illo die quo personaliter visitant. Provin [...]. Const de ossicio Archid Such passages the Reader of our Laws will now and then meet withall. And from hence (doubt­less) it is, and from axioms not well un­derstood (as that of Cessante causa cessat ef­fectus, L. adigere § Quamvis de ju­re Patron. c. Cum cessante [...]xtr. de appel­lat. and such like) that the apprehensi­ons and conceipts of many (diving no deeper into the sense and meaning of the Law then the superficies or bare letter,Gribald. de Rat. Stud. l. 1. c 5. nor framing to themselves any doubt which they ought to do before they can peremp­torily decide) are invaded and whirled a­way with error. And such I take this to be, That no Procuration can warrantably and with good conscience be demanded without the act of Visitation first perfor­med by or in the person of him that makes such claim. But if more could not be said then this, that the Living of an Archdea­con consists of Procurations, for which he is accountable in respect of yearly pay­ments to the King (and this is said al­ready and seems not to satisfie) I suppose [Page 134]there were reason enough to plead a Cu­stome for the payment of them in the Bi­shops triennial year sine visitatione on his part; otherwise it would fall out that the omission of an act which he is forbidden to doe, would destroy an Office which the equity of the Law will not permit to be. Let the Case be paralleld. A Mortu­ary is not properly and originally said to be due to an Ecclesiasticall Incumbent Par­son or Vicar from any but those only of his own Parish to whom he ministreth spi­ritual instruction, and hath right to their Tythes:C. Statu [...]um v. ut insra de con­suetud in Gloss. But see Sir H. Spelman his ju­dicious conje­cture upon this point of Mor­tuaries in his Treatise de se­p [...]ltura. p. 35. Lyndewoods Glosse upon the Pro­vinciall Constitutions, discovering the ground and reason of that payment to be this, namely, That when through igno­rance, and sometimes through negligence and unjust detention of Tythes and Obla­tions the Parishioner was found tardy and faulty, &c. Ideo statuit [Archiepiscopus] quod compensatione sic subtractorum secundum meli­us animal defuncti Ecclesiae damno debuit ap­plicari. But all this notwithstanding, we know the prevalency of Custome to be [Page 135]such, that in some places of this King­dome they are paid to the Incumbents of other Parishes that perform no ministeriall duties at all to the deceased party, nor li­ving nor dying.21 H. 8. c. 6. And the Statute doth no­thing at all controll the course, but makes the usage of payment only to be the Law thereof. Thus then, if the parallel come a­ny thing near the point, if it prove but argumentum a simili that known and common axiom of Bartolus may be pertinent e­nough, which is this;L. illud. ad l. Aquil. ubi militat eadem ra­tio, idem jus statui debet; and that other Ra­tionis identitas, non patitur decisionem similium casuum esse diversam. But yet the mound is not made fast enough, cavill will find or make way through. Lets look back again and examine the places above quoted a­gainst this payment, where we shall find the constitutions set down in terms of qua­lification; Procurationes quae &c. sine manife­sta causâ: And what needs all this if there were not yet another right besides the reason of Visitation that inforceth this payment. But concerning this particular, having writ­ten [Page 136]something in the foregoing Treatise, I resolve in this place to say no more. Thus much only I will intimate to my friend, because he shall wait no longer for my o­pinion in this point. Let the places by him urged out of the Common Law and Provincial Constitutions,C. 1. distinct. 11. and Glosses, carry with him as much strength as those Laws may be imagined to be capable of, to prove and uphold his assertion; yet as the Cano­nists say of the Civil Law, that where it op­poseth the Canon it is not to be regarded, that must give place to this, as they say: So, if any Canon or Constitution whatso­ever is with us of such force (though I will yield them their due to the full) to annihi­late and overthrow National Laws or Cu­stomes;Eut [...]op. l. 8. p. 119. That any Popes Decree or Re­script should be like those Edicta Praetoria, as the Laws of the Medes and Persians, Dan. 6.12. per­petual, unalterable, and irrefragable; that he should say, and all should hearken and obey,Diodor. Sicul. l. 1. as it was said of Isis Queen of Aegypt, Quae ego legibus statui nullus poterit solvere: I profess it comes not within the compass [Page 137]of my Creed, nor have I faith to believe it. Thus much I have learned, which I also believe,25 H. 8.c. 19. 1 Eliz. c. 1. that such and only such Ca­nons and Constitutions as have been al­lowed by general consent and custome within the Realm, and are not contrari­ant or repugnant to the Laws, Statutes and Customes of the Realm,Coke de jure Re­gis Ecclesiastic [...], p. 32. nor tend to the damage or hurt of the Kings Preroga­tive Royal, are in force within this Realm; as the Kings Ecclesiastical Lawes of the same, and none other. Now that such Canon or Constitution Papal or Provin­cial that necessarily ties the receiving of Procurations to the Act & duty of Visita­tion only is repugnant, first to a Custome grounded and prescribed from a Record of good antiquity, and observed in divers Dioecesses of this Kingdome. And se­condly to an Act of Parliament almost as ancient, that warrants such a receit with­out mention of any Visitation, is evident as by that which in the precedent Tractate hath been briefly intimated, so also by that which here follows, wherein both [Page 138]Record and Act are more fully deli­vered. The Record is this.

Archidiaconatus Glouc.

Valet clarè in Proxis, Ce­nag. & Pentecostal ibid.26 H. 8. Extract. è Re­cord. Primitia­rum.per annum ultra lx. s. so­lut. pro feud. Raphael Rawlins Collect. dict. pro­um, Cenag cum Pentecostal.

64 l. 10 s.

x2 inde 6 l. 9 s.

Here is plainly set down the true worth and full value of the Archdeaconry of Gl. in Procurations, Synodals and Pen­tecostals, to wit 64 l. 10 s. And for pre­vention of future cavil (as if the present opposition had been so many years agoe foreseen) it is expressed per annum too (for thats the matter of grievance) so much yearly worth. And what would we more to make the matter plain? He doth in my opinion little other then Nodum in [Page 139]scirpo quaerere, and consequently beat the aire, that useth means to evade a pay­ment so apparently clear and evident. Add to all this continual perception and collection of these duties by Archdea­cons, even from the time of the valua­tion of them in Anno 26 H. 8. unto this present, and tenths, as before I have said, paid out of them yearly to the Crown for all that time (I suppose there is none alive that can contradict it, et quod non dis­probatur praesumitur) such Books and Ac­quittances as I have seen (and I have seen some that are ancient) all testify­ing the same. Besides I never heard of any that stood out a suit against this pay­ment, that upon a judiciall hearing or trial ever prevailed in the principal cause and point of right, but was alwayes over­thrown in the litigation, and comepelled to pay charges.

And as for the Act of Parliament, Thus much I find conducing to my pur­pose in Anno 34 Hen. 8. c. 16.

IF any person or persons being Far­mer or Occupier of any Manors, Rastal. Abridg­ment. Pensions. Lands, Tenements, Parsonages, Benefices, or other Hereditaments of any of the said late Monasteries or Ecclesiasticall houses or places, or be­longing to them or any of them by the Kings Highness gift, grant, sale, exchange or otherwise, out of which premisses any such Pensions, Porti­ons, Corrodies, Indemnities, Syno­dies or Proxies or any other profits have been heretofore lawfully going out, answered or paid to any of the Archbishops, Bishops, Archdeacons, and other Ecclesiasticall persons a­bove-said; doe at any time after the first day of April next comming, wil­fully deny the payment thereof, at the dayes of payment heretofore accusto­med of any of the said Pensions Por­tions, Corrodies, Indemnities, Sy­nodies, Proxies or any other profits, whereof the said Archbishops, Bi­shops, Archdeacons, or other Eccle­siastical persons were in possession at, [Page 014]or within ten years next before the time of the Dissolution of any such Monastery, or other Ecclesiastical houses or places: that then it shall be lawfull for the same Archbishops, Bishops, Archdeacons, or other Ec­clesiasticall persons aforesaid, being so denied to be satisfied and paid there­of, and having right to the same thing in demand, to make such process as well against every such person and persons as shall so deny payment of the same Pensions, Portions, Coro­dies, Proxies, Indemnities, Syno­dies, or any other profits which of right ought to be paid, as is afore­said, as against the Church or Chur­ches charged with the same, as here­tofore they have lawfully done, and as by and according to the Laws and Statutes of this Realm they may now lawfully doe for the true payment and recovery thereof. And if the party Defendant be lawfully convict in any such suit, cause or mat­ter, according to the Ecclesiasticall [Page 142]Lawes, then the party Plaintiffe shall have and recover against the party Defendant the thing in de­mand, and the value thereof in dam­mages, with his costs for his Suit, &c.

By this Act it is plain that all such pay­ments as issued out of Parsonages, Bene­fices or other Hereditaments of the said late Monasteries to any Archbishop, Bi­shop, Archdeacon, &c. at or within ten years next before the time of the Disso­lution, should be still continued and du­ly paid as before. Now the Procura­tions or Proxies were yearly due,The Record hath its ground from an Act of Parliament of 26 H. 8. The suppression of Abbies follows in 31 ejusdem Regis. and paid within lesse then six years before the Dissolution, appeareth plainly by the preceding Record. Therefore yet to be paid according to the fore-recited Act.

But perhaps it will be objected, Why was there a Provision made by Act of Parliament for payment of these duties out of Parsonages, &c. belonging unto Monasteries, and not out of others in [Page 143]like manner in the then possession of spirituall Incumbents? I answer; It seems to me that this Proviso was made by the clemency of the King, and the indulgen­cy of the Parliament to secure the rights of the Church to the true owners there­of, that haply might be passed away, and in hazard to be utterly lost by the Kings Grant to Lay-persons. And this to be the ground and reason of that Pro­vision is clearly demonstrated in the latter part of the same Act of 34. Hen. 8. where there is a course prescribed how such persons in such Cases should have re­medy, and in what Court they should commence suit for the recovery of their subtracted rights, viz. in the Court of Augmentation of the Revenue of the Kings Crown, and not elsewhere. These be the words of the Act whereunto I re­ferre the Reader. Now there needed no such Act or caution as before is menti­oned; no such Proviso to secure the Visi­tors duties from the invasion of spiritual Incumbents, of whose Promotions or [Page 144]Benefices the King made no sale, nor medled withal, but left them entire, re­serving to himself upon the return of the Certificate of their true value only an yearly Tenth, but with an exact deduction first of all such summe or summes of money, Procurations, or what­ever else he then found them yearly char­ged withall: which being so allowed to the spirituall Incumbent, I conceive that those that the Lawes and Statutes of this Realm have qualified and made capable of such receits (and such are Archbi­shops, Bishops, Archdeacons, &c.) may lawfully at their respective accustomed times, according to the fore-recited Act, require, and so ought to receive them, till authority shall alter the course. But to this point I hope there is enough said already.

To draw now towards a conclusion. These Reasons that I have here urged, together with those formerly mentioned, make me to think that Procurations are not payable, as my friend thinks, Ratione [Page 145]lummodo visitationis; no, but sometimes Custome hath its place, as all Canonists that I have read upon the point doe una­nimously acknowledge: yea, those or suck like reasons moved a very learned Civilian, Dr. Cosens, sometime Dean of the Arches, writing of the quality of rights Ecclesiastical, and how they be­came due amongst other things, saith,D Cosen. Polit. Ecclesiae Angl. [...]ab. 8. Pensiones indemnitatis Procurationes ratione vi­sitationis PLERUNQ. praestandae. He doth not say as my friend saith, that they are only so due, but Plerun (que) so. Now what Plerun (que) signifies is a little to be enquired after: That it comes near to the signi­fication which corresponds to his fancy, no Grammarian I am sure will allow. Plerun (que) is never found to carry the sense that solummodò doth; but that it yieldeth the same sense and signification that inter­dum doth, Civilians well know,Ʋlpian. l. Falsus ff. de Furt [...]s. and I acknowledge. And in so doing I render him but small advantage, and my self as little prejudice. I hold my assertion still. There is jus consuetudinarium, a right of Cu­stome [Page 146]by which Procurations are some­times, and ought (as I suppose) so to be. And the sole reason of that payment de­pendeth not upon the Act of Visitation only, & alwaies as my friend would have it. I have done with this business. God grant that what it aims at it may effect. Peace, peace I say, either by submitting to Truth, or convincing by Truth. A­men. Amen.

[...].

LEt the Reader be pleased to take notice (as fit to be known) that the aforegoing Discourse and Appendix were written in the time of Dr. Robinson, late Archdeacon of Gloucester deceased, and not altered in this Impression from what they then were (examined and prepared in Order to the Presse) except the mistakes in Printing, of which the most material I have here no­ted; others of mispointing and misaccenting, with some other li­teral escapes; I pray the courteous Reader to make use of his Pen to amend, or his Patience to forbear what's amiss.

Page 7. line 4. read came Pa. 9. l. 11. r. us. Pa. 10. l. 21. r. Lions. Pa. 19. l. 3. 1. [...]. Pa. 23. l. 16. r. Praelatus. Pa. 24. l. 16. r payment. Pa. 26. l. 8. r. subsistit. Pa. 26. l. 15. r. praescripta. Pa. 31. l. 13. r. is. & l. 24. r. imputari. Pa. 85. l. 21. r. Parochial, and so elsewhere. Pa. 90. l. 6. r. rise. Pa. 126. l 6. r. Nathaniel. Pa 128. l. 15. r. this. Pa. 132. l. 24, r. personaliter. Pa. 136. l. 6. r. Canon.

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