the rest of the matters that belong to the triall of the Ecclesiasticall Courts some are acknowledged to be absolutely in vse some other are challenged to be but in a certein measure in vse In absolute vse are those which neuer had any opposition against them which almost are those alone which belong to the Bishops degrée or order for all things which come within the compasse of the Ecclesiasticall Law are either belonging to the Bishops degrée or his Iurisdiction To his degrée or order belong the ordering of Ministers and Deacons the confirmation of Children the dedication of Churches and Churchyards and such like none of which haue béen challenged at any time to belong to any other Law The second sort is of them that belong to the Bishops iurisdiction which is partly voluntarie partly litigious Voluntarie is when those with whom the dealing is stand not against it but litigious it is when it is oppugned by the one part or the other Of this latter sort many things in sundry ages haue bin cald in question but yet rescued and recouered againe by the wise graue Iudges themselues who haue found the challenge of them to be vniust But what doth belong to either of them in priuat or what causes do appertaine to the whole Iurisdiction in generall because they haue bin alreadie particulerly set downe by that famous man of worthy memory Doctor Cosin in his learned Apologie for certaine Cos in in his Apologie part 1. c. 2. procéedings in Ecclesiasticall Courts I will not make a new catalogue of them but send the Reader for the knowledge thereof vnto his Booke but yet in my passage will I note which of them haue bin most chiefly oppugned and as occasion shall fall out speak to them And thus much as concerning those parts of the Ecclesiasticall Law which are here in vse with vs Now it followeth to shew whereby the exercise of that Iurisdiction which is granted to be of the Ciuile and Ecclesiasticall cognizance is defeated impeached by the Common Law of this Land which is the third part of this Diuision The impeachment therefore is by one of these meanes by Praemunire by Prohibition by Iniunction by Supersedeas by Indicauit or Quare impedit but because the fower last are nothing so frequent nor so harmfull as the others and that this Booke would grow into a huge volume if I should prosecute them all I will only treat of the two first and put ouer the rest vnto some better opportunitie A Praemunire therefore is a writ awarded out of the kings Bench against one who hath procured out any Bull or like processe of the Pope from Rome or elsewhere for any Ecclesiasticall place or preferment within this Realme or doth sue in any forteine Ecclesiasticall Court to defeat or impeach any Iudgement giuen in the Kings Court whereby the bodie of the offender is to be imprysoned during the Kings pleasure his goods forfeyted and his lands seized into the Kings hand so long as the offender liueth This writ was much in vse during the time the Bishop of Romes aucthoritie was in credit in this land and very necessary it was it should be so for being then two like principal authorities acknowledged within this Land the Spirituall in the Pope and the Temporall in the King the Spirituall 25. Edw. 2. 27. Edw. 3. ca. 1. 38 Edw. 3. ca. 1. 2. 7. Rich. 2. ca. 12. 13. Rich. 2. ca. 2. 2. H. 4. cap. 3. grew on so fast on the temporal that it was to be feared had not these statutes bin prouided to restraine the Popes interprises the spirituall Iurisdiction had deuoured vp the temporall as the temporall now on the contrary side hath almost swallowed vp the spiritual But since the forreine authoritie in Spirituall matters is abolished and eyther Iurisdiction is agnised to be setled wholy and only in the Prince of this land sundry wise mens opinion is there can lye no Praemunire by those Statutes at this day against any man exercising any subordinat Iurisdiction vnder the King whether the same be in the kings name or in his name who hath the same immediatly from the King for that now all Iurisdiction whether it be Temporall or Ecclesiasticall is the Kings and such Ecclesiasticall Lawes as now are in force are called the Kings Ecclesiasticall Lawes and the Kings Ecclesiasticall Courts For that the King cannot haue in himselfe a contrarietie of Iurisdiction fighting one against the other as it was in the case betwéene himselfe and the Pope although he may haue diuersitie of Iurisdiction within himselfe which for order sake and for auoyding of confusion in gouernment he may restraine to certeine seuerall kinds of causes and inflict punishment vpon those that shall go beyond the bounds or limits that are prescribed them but to take them as enemies or vnderminers of his state he can not for the question here is not who is head of the cause or Iurisdiction in controuersie but who is to hold plea thereof or exercise the Iurisdiction vnder that head the Ecclesiasticall or temporall Iudge Neyther is that to moue any man that the Statutes made in former time against such Prouisors which vexed the King and people of this land with such vniust suits doe not onely prouide against such processe as came from Rome but against all others that came elsewhere being like conditioned as they for that it was not the meaning of those Statutes or any of them thereby to taxe the Bishops Courts or any Consistory within this land for that none of them euer vsed such malepert sawsinesse against the King as to call the Iudgements of his Courts into question although they went far in strayning vpon those things and causes which were held to be of the Kings Temporall cognisance as may appeare by the Kings Prohibition thereon framed And beside the Archbishops Bishops and other Prelats of this Land in the greatest heat of all this businesse being then present in the Parliament whith the rest of the Nobilitie disauowed the Popes insolencie toward the King in this behalfe and assured him they would ought to stand with his Maiestie against the Pope in these and all other cases touching his Crowne and Regalitie as they were bound by their allegeance so that they being not guilty of these enterprises against the King but in as great a measure troubled in theyr owne Iurisdiction by the Pope as the King himselfe was in the right of his Crowne as may apppeare out of the course of the said Statutes The word Elsewhere can in no right sence be vnderstood of them or their Consistories although some of late time thinking all is good seruice to the Realme that is done for the aduancement of the Common Law and depressing of the Ciuill Law haue so interpreted it but wythout ground or warrant of the Statutes themselues who whollie make prouision against forreine authoritie and speak no word of domesticall proceedings But
the same word Elsewhere is to be ment and conceiued of the places of remoue the Popes vsed in those dayes being somtimes at Rome in Italy sometimes at Auignion in France semetimes in other places as by the date of the Bulls and other processe of that age may be séene which seuerall remoues of his gaue occasion to the Parliament of inserting the word Elsewhere in the bodie of those Statutes that thereby the Statutes prouiding against Processe dated at Rome they might not bée eluded by like Processe dated at Auignion or any other place of the Popes aboade and so the penaltie thereof towardes the offender might become voyd and be frustrated Neyther did the Lawes of this Land at any time whiles the Popes authoritie was in his greatest pride wythin this Realme euer impute Praemunire to any Spirituall Subiect dealing in anie Temporall matter by any ordinarie power wythin the land but restrained them by Prohibition only as it is plaine by the Kings Prohibition wherein are the greatest matters that euer the Clergie attempted by ordinarie and domesticall authoritie and yet are refuted only by Prohibition But when as certeine busie-headed fellowes were not content to presse vpon the kings Regall iurisdiction at home but would séek for meanes for preferment by forrein authoritie to controul the Iudgements giuen in the kings Courts by processe from the Pope then were Premunires decréed both to punish those audacious enterprises of those factious Subiects and also to check the Popes insolencie that he should not venter hereafter to enterprise such designements against the King and his people But now since the feare thereof is past by reason all entercourse is taken away betwéene the Kings good Subiects and the Court of Rome it is not to be thought the meaning of good and mercifull Princes of this land is the cause of these Statutes being taken away the effect thereof shall remaine and that good and dutifull subiects stepping happily awry in the exercise of some part of their Iurisdiction but yet without preiudice of the Prince or his Regall power shall be punished with like rigor of Law as those which were molesters gréeuers and disquieters of the whole estate But yet notwithstanding the edge of those Premunires which were then framed remaine sharpe and vnblunted still against Priests Iesuits other like Runnagates which being not content with their owne natural Princes gouernment séek to bring in againe that and like forrein authoritie which those Statutes made prouision against but these things I leaue to the reuerend Iudges of the land and others that are skilfull in that profession onely wishing that some which haue most insight into these matters would adde some light vnto them that men might not stumble at them and fall into the daunger of them vnawares but now to Prohibitions A Prohibition is a commaundement sent out of some of the Kings higher Courts of Records where Prohibitions haue bin vsed to be graunted in the Kings name sealed with the seale of that Court and subscribed with the Teste of the chiefe Iudge or Iustice of the Court from whence the said Prohibition doth come at the suggestion of the Plaintife pretending himselfe to be grieued by some Ecclesiasticall or marine Iudge in not admittance of some matter or doing some other thing against his right in his or their iudiciall procéedings commaunding the said Ecclesiasticall or marine Iudge to proceed no further in that cause if they haue sent out any censure Ecclesiasticall or Marine against the plaintife they recall it and loose him from the same vnder paine of the Kings high indignation vpon pretence that the same cause doth not belong to the Ecclesiasticall or Marine Iudge but is of the temporall cognisance and doth appertaine to the Crowne and dignitie Prohibitions some are Prohibitions of Law some other are Prohibitions of fact Prohibitions of Law are those which are set downe by any Law or Statute of this Land whereby Ecclesiasticall Courts are interdicted to deale in the matters therein contained such as are all those things which are expressed in the kings Prohibition as are also those which are mencioned by the second of Edward the sixt where Iudges Ecclesiasticall C. 13. 2. Edw. 6. are forbid to hold plea of any matter contrarie to the effect intent or meaning of the statute of W. 2. Capite 3. The statute of Articuli Cleri Circumspecte agatis Sylua Cedua the treaties De Regia Prohibitione the Statute Anno 1. Edwardi 3. Capite 10. or oght else wherein the Kings Court ought to haue Iurisdiction Prohibitions of fact are such which haue no precise word or letter of Law or Statute for them as haue the other but are raised vp by argument out of the wit of the Deuiser These for the most part are méere quirks and subtilties of law and therfore ought to haue no more fauour in any wise honourable or well ordered Consistorie than the equity of the cause it selfe doth deserue for such manner of shifts for the most part bréed nought else but matter of vexation and haue no other commendable end in them though they pretend the right of the Kings Court as those other Prohibitions of the law doe but the Kings right is not to be supposed by imagination but is to be made plaine by demonstration and so both the Statute of the 18. of Edward the third Capite 5. is where it is prouided no Prohibition shall goe out but where the King hath the cognisance and of right ought to haue and also by the forenamed Statute of Edward the sixt which forbids that any Prohibition shall bee graunted out but vpon sight of the libell and other warie circumstances in the said Statute expressed by which it is to bee intended the meaning of the Lawgiuers was not that euery idle suggestion of euery Attorney should bréed a Prohibition but such onely should bee graunted as the Iudge in his wisdome should thinke worthy of that fauour and of right and equitie did deserue it although as I must déeds confesse the Statute is defectiue in this behalfe for to exact any such precise examination of him in these cases as it is also in other points and is almost the generall imperfection of all statutes that are made vpon Ecclesiasticall causes but I feare me as emulation betwéene the two lawes in the beginning brought in these multitudes of Prohibitions either against or beside law so the gaine they bring vnto the Temporall Courts maintaineth them which also makes the Iudges they cesse not costs and damages in cases of of Consultation although the statute precisely requires their assent and and assignement therin because they would not feare other men from suing out of Prohibitions and pursuing of the same The Prohibitions of the law as haue beene before shewed are neither many nor much repined at because they containe a necessarie distinction betwéene Iurisdiction and Iurisdiction and imply the kings right and subiectes benefit but the
whereof I said there was no special Tractat in the Digest sauing that it deuideth the publike right into that which concernes the Church and Church men the Magistrates of the Common wealth prosecuting the latter branch thereof only omitting the first because out of that heathenish Religion which was vsed in those ancient Lawyers daies and those supersticious Rites whereof their Bookes were full nothing could be taken that might serue for our Religion wherupon he instituted a new discourse thereof in the Code beginning first with the blessed Trinitie one in essence and thrée in person wherein he sets downe a briefe summe of our Christian faith agréeable to the doctrine of the Prophets Apostles and the fower first generall Counsels the Nicene Constantinopolitan Ephesine and Calcedon forbidding any man publikely to dispute or striue thereabout taking occasion vpon the Nestorian Heresie which not long before had sprung vp and had mightily infected the Church which Iustinian by this confession of Fayth so published to the whole world and penall Edict ioyned thereunto hoped to represse After he hath set downe a full and sound confession of the Christian faith conformable to the Primitiue Church next he addeth a title of the holie Church it selfe and of her priuiledges which either concerne Ecclesiasticall mens persons themselues or their state and substance or the actions one Ecclesiasticall man had against an other or with or against Lay persons where also he prosecuteth the degrées of Priests or Ministers their offices orders and how the same are to be come by that is without bribes or Simonie or other worldly respect saue the worth of the person onely and the rights of holie places Priests are so called because they were consecrated and as it were seuered from the rest of the people and giuen vp to God which also were called Elders eyther because they were so in age or ought to be in such manners and carefull cariage of themselues Amongest Priests or Ministers Bishops haue the first place who are as it were the Ouerseers and Superintendents of the rest so called of their watchfulnesse care labour and faithfulnesse in teaching the people and doing other dueties which they owe vnto the Church The lowest degrée of men among the Ecclesiasticall hierarchy were the Clarkes so called of their lot by which they were chosen and allotted to Gods seruice To Bishops Priests and other of that rank did appertaine the care of Hospitals whereof some were for Orphans some for Infants some for Impotent and diseased persons some for Poore people some for Strangers other like miserable persons therefore together with the title of Bishops Clarks is ioyned the title of Hospitals or Almes-houses In place next after the Bishops themselues comes their power audience for albeit the chiefest office of a Bishop is to instruct the people in the doctrine of the word in good example of life yet forasmuch as all will not be obedient vnto the word neither brought by the persuasion thereof to good nurture to be kept in order the eminency of the degrée wherin the Bishops are placed is not sufficient to kéepe the people in obedience without some power iurisdiction and because the Church it selfe is the mother and maintainer of Iustice therefore there is by the Emperor himselfe and his predecessors as many as professed Christianitie certaine peculiar iurisdictions Ecclesiasticall assigned to the Bishops more worthy then the Ciuill ouer persons and causes Ecclesiasticall such as touch the Soule and Conscience or do appertaine to any charitable or godlie vses and ouer the Laitie so far forth as eyther the Laitie themselues haue bin content to submit themselues vnto their gouernment that is so far as eyther it concernes their Soules health or the outward gouernment of the Church in things decent or comly or that it concernes poore and miserable persons such as widowes orphans captiues and such other like helplesse people are or where the Ciuile Magistrates cannot be come by or doth voluntarily delay iudgement in all which anciently a Bishop was to performe double fayth and sanctitie first of an vncorrupt Iudge and then of a holy Bishop But in many of these matters in these dayes the Laitie will not suffer themselues to be controld and therefore hath taken away most of these dealings from them yea euen in charitable causes Immediatly followeth a title of Heretickes Maniches Samaritans Anabaptists Apostataes abusers of the Crosse of Christ Iewes and worshippers of the hoast of heauen Pagans and of theyr Temples and Sacrifices whom the Bishop is not only to confute by learning but also to suppresse by authoritie for he hath not the Spirituall sword in vaine The Heretickes Iewes and Pagans shall not haue Christian men and women to be their seruants that such as flie to the Church for Sanctuarie or claime the ayde thereof shall not be drawen from thence vnlesse the offence be haynous and done of a pretensed and purposed malice in which case no Immunitie is to be allowed them but wicked people are to be punished according to their desert agréeable to the word of God it selfe which would not haue his Altar be a refuge vnto the wicked And so far of that part of publike right which appertayneth to the Priestes or Ministers and their Function which was omitted in the Digest but prosecuted in the Code Now it followeth that wyth like breuitie I run ouer the thrée last Bookes of the Code which themselues were rather shadowed in the Digest in the title of the right of the Exchequer then in any iust proportion handled The first therefore of them setteth out what is the right of the Exchequer and in what things it standeth as in goods excheted because there is no Heire vnto them or that they are forfeyted by any offence worthie death or otherwise How such as are in debt to the Exchequer and their suerties are to be sued Of the right of those things which the Exchequer sels by outcry where he that offereth most carrieth it away and how the same may be reuoked vnlesse all rights and ceremonies bee solemnly performed therein How things that are in Common betwéen the Exchequer and priuat men may be sold and that the Exchequer euict nothing that it hath once sold for that it were a thing against the dignitie of the Exchequer would terrifie priuat men for bargaining with it Of those that haue borrowed money out of the publicke receipts and what penaltie they incurre if they repay it not at their daies couenanted sometimes the forfaiture of foure double of that they haue borrowed sometimes danger of life it selfe That in cases of penalties the Exchequer be not preferred before such as the Offender was truely indebted vnto but that they be first serued and then the Exchequer haue onely that which is left What vsurie the Exchequer may take that is for money lent and not for such sums as grow out of Mulcts and
Nephew And thus much of succession of kings wherein the eldest among Males hath the prerogatiue and the like in Females if there be no Male for that a Kingdom is a dignitie vndiuisible and can come but to one bee hee Male or Female for that otherwise great gouernments would soone come to small Rules and Territories And the like that is said of Kingdoms is to be held of all Dignities vnder Kingdomes where the eldest son is to bee preferred before all his other brethren and they successiuely one before another if there be no issue left of them that goe before and the Male line is to be preferred before the Feminine and the Feminine before all the rest of the kindred so it be not a Masculine Feud and the same intailed vpon the heire Male. And thus far as concerning the matters wherein the Ciuile Law dealeth directly or incidently within this Realme Now it followeth to shew how much of all those titles of the Canon Law which haue bin before set downe are here in practise among vs. Of those Titles of the Canon Law which before haue béene recited some are out of vse here with vs in the singular or Indiuiduum by reason of the grosse Idolatry they did containe in them as the Title of the authoritie and vse of the Pal the title of the Masse the title of Reliques the worship of Saints the title of Monks and Regular Canons the title of the kéeping of the Eucharist and Creame such other of like qualitie but yet are retained in the generall for in stead of them there are substituted in their places holy worships tending to the like end of godlinesse those other did pretend but void of those superstitious meanes the other thought to please God by and so in stead of the Masse hath come in the holy Communion and in place of worshipping of Saints hath succeeded a godly remembrance and glorifying of God in his Saints and so of the rest whereof there is any right vse within the Church Some other are out of vse as well among the Ciuile as Criminall titles because the matter that is therein treated of is knowne notoriously to belong to the conusance of the Common Law at this day as the titles of Buying and Selling of Leasing Letting and taking to Farme of Morgaging and pledging of Giuing by déed of gift of Detecting of Collusion and Cosenage of Murder of Theft and receiuing of Théeues and such like And yet I doubt not but euen these matters as well Ciuile as Criminall or most of them were aunciently in practise and allowed in Bishops Courts in this Land among Clerkes to the which I am induced by three reasons First that I find not only the forraine Authors of the Decretals but also the domesticall Authors of the Legantines being all most excellent wise men as the Stories of their seuerall ages do report to haue inacted these seuerall constitutions and to haue inserted them not onely in the bodie of the Canon Law but also in the bodie of the Ecclesiasticall Lawes of this Land and that some wise men sundry years after their ages did write and comment vpon the same as things expedient and profitable for the vse of the Church and the gouernment of the Clergie in those daies neither of which I doe presume they would haue done if in those ages there had not béene good vse and frée practise of them Secondly that I find in the Code of Iustinian by sundry Laws some of his own making some other of other Emperors before his time euen from the daies of Constantine the great bishops in their Episcopall audience had the practise of these matters as wel Criminal as Ciuile and to that end had they their Officials or Chauncellors whom the Law calleth Ecclesiecdici or Episcoporum Ecdici that is Church Lawyers or Bishops Lawyers men trained vp in the Ciuile and Canon Law of those ages to direct them in matters of Iudgement as well in Ecclesiasticall Criminall matters as Ecclesiasticall Ciuile matters And that these which now are Bishops Chauncellers are the verie selfe same persons in Office that aunciently exercised Ecclesiasticall Iurisdiction vnder Bishops and were called Ecclesiecdici it may appeare by that which Papias an old auncient Historiographer cited by Gothofred in his Annotations vpon the foresaid Law Omnem in the Code and title de Episcopis and Clericis and vpon the § Praeterea writeth of them who saith thus that Ecclesiecdici or Ecdici were those that were ayders and assisters to the Bishops in their Iurisdictions not astrict or bound to one place but euery where through the whole Diocesse supplying the absence of the Bishop which is the very right description of the Bishops Chauncellers that now are who for that they carrie the Bishops authoritie with them euery where for matters of Iurisdiction and that the Bishop and they make but one Consistorie are called the Bishops Vicars generall both in respect their authoritie stretcheth it selfe throughout the whole Diocesse also to distinguish them from the Commissaries of Bishoppes whose authoritie is onely in some certaine place of the Diocesse and some certaine causes of the Iurisdiction limitted vnto them by the bishops and therefore are called by the Law Iudices or Officiales foranei as if you would Clem 2. ca. foraneos de rescript say Officiales astricti cuidam foro diocesis tantum So that it is a very méere conceit that a certaine gentleman very learned and eloquent of late hath written that Chauncellers are men but of late vpstart in the world and that the sloth of bishops hath brought in Chauncelors wheras in very déed Chauncellers are equall or néere equall in time to Bishops themselues as both the Law it selfe and Stories do shew yea Chauncellers are so necessarie Baldus l. aliquando ff de officio Proconsulis officers to Bishops that euery Bishop must of necessitie haue a Chaunceller and if any Bishop would séeme to be compleat within himselfe that he néeded not a Chaunceller yet may the Archbishop of the Prouince wherein he is compell Couar lib. 3. variarum resolut c. 20. num 4. S. Brâ—zâ— lâ—b 1. de vicaâ—â—o 〈◊〉 q. 46 nâ—m 1. 4. 12. 13. him to take a Chaunceller or if he refuse so to doe put a Chaunceller on him for that the Law doth presume it is a matter of more weight than one man is able to susteine to gouerne a whole Diocesse by himselfe alone and therefore howsoeuer the nomination of the Chaunceller be in the Bishop yet his aucthoritie comes from the Law and Hostiensis in sum made officio Vicarij numoro 2. in sine nomirationem ab 〈◊〉 potestatem vero a iure recipiuntur therefore he is no lesse accompted an Ordinary by the Law than the Bishop is But trueth it is not the sloth of the Bishops but the multitude and varietie of Ecclesiasticall causes brought them in which could not be defined by
and made hauock both of Priest and people that professed the name of Christ partly by the heresies that rose euery where in the Church in those daies which distracted mens minds and made them wauer in the constancie of their Religion it was reuiued againe vpon this occasion One Benedict who otherwise had béen a man of action Hospinian de Origine Monachatuâ— in the Common wealth that Benedict which was as it were the Father of all those that professed a Regular life within the West part of Christendome for before his time the Monkes of the West Church serued God fréely abroad without being shut vp in a Cloister he I say finding himselfe wearied with the tumults and broyles which hapned vnder the gouernment of Iustinian and some yeares after by the incursion of those barbarous Nations before named into Italy retired himselfe into a desert and solitary place intending there to giue himselfe wholy to the seruice of God where when he had a while remayned he grew so famous by his Christian exercises of fasting and prayer and the good and holsome exhortations that he made to those that resorted vnto him that within a very little time after there was great confluence of people vnto him not only from diuers parts of Italy but euen from sundry other parts of the world so that within a short time they grew into fraternities vnderneath him to whom he gaue rules to liue by to the imitation of that that Saint Basill did in the East Church to which his disciples submitted themselues with all alacritie leading a life far different from the common sort of men denying vnto themselues all those ordinary delights that other men doe commonly take out of meat drink apparell mariage Temporall preferment such other things which wordly and carnall men séeke for verie gréedily humbling themselues only to God and the rule of their Master Which thing bred such an admiration of him and of his Schollers that not only many other orders sprang out from them within few yeres as the Premonstratenses Clunacenses Templarians Hospitallers Cystertians and the order of Saint Iohns of Ierusalem but euen Popes Princes and people were wholy carried away with the wonderment of them insomuch as euery of them did as it were striue who might shew themselues most kind vnto them whereupon Princes built them houses euery one in his kingdome as Clito Ethelbald king of Mercia buylt the Monasterie of Crowland here in England of black Monks vnder the rule of the said Benedict in the yeare 716. Popes and Princes graunted them priuiledges so far as it concerned eyther of their particulers the Clergie Nobilitie and People conferd goods and lands vpon them euery one according to his abilitie In this zealous bountie of euery degrée towards these new sort of men there were two vndigested Priuiledges graunted them both of them so hurtfull and iniurious to the Church of God as neuer any was the like The one was the annexation or appropriation of presentatiue Benefices to these Religious houses The other the fréeing of such lands or hereditaments as they held in sundry Parishes from the payment of Tythes to the Parsons and Vicars thereof to both of which the Scholmens diuinitie gaue great aduantage as shall be shewed hereafter Eyther of these had their beginning of one roote that is to say of this false ground that Preaching which is the most true and most naturall foode of the Soule in a congregation that is come to the profession of Religion already knowes but onely the Articles of the Christian Faith the Lords Prayer the ten Commaundements and other principles and Rudiments of Christian Religion is nothing so necessarie for the saluation of a mans Soule as Prayer is beside that preaching oftentimes giues more cause of Schisme and dispute in Religion than it doth of profiting edifying the Soule and therefore it was not permitted by the Prouinciall constitutions of this Realme that Parsons or Vicars Linwood puin eisdem de offiâ— Arâ—hidiaconiâ— et ca. ignorantia Sacerdotum de officio Archipresbyteri of Churches should expound or preach any other matter or doctrine than the Lords prayer the ten Commaundements the two precepts of the Gospell that is the loue of God and the loue of a mans Neyghbour the sixe works of Mercie the seuen principall Vertues the seuen Sacraments for so many then the Romish Church held the seuen deadly Sinnes with their progenie and this to be done vulgarly and plainly Absque cuiuslibet subtilitatis textura fantastica for so they call learned and orderly Preaching whereas notwythstanding Prayer is euermore profitable euery where necessarie and neuer dangerous Furthermore Preaching onely profiteth those that be present and doe heare it and attend vpon it but Prayer is auailable euen to those that be far distant yea though they be in the remotest place of the world By which and other like arguments they translated away that maintenance that was prouided for the home Pastors who by Gods owne institution were to watch ouer their Soules to forrein and strange Guids who neuer communicated to their necessitie in any heauenly comfort but only tooke the milke of the flock and fed themselues withall But by this pretence of theirs ought not Preaching to haue béen disgraced for albeit Prayer be a necessary péece of Gods seruice and so necessary that the Soule of man is as it were dead without it yet is it not equall to the dignitie of Preaching which God hath ordeyned to be the onely meanes to come to Saluation by for Faith comes by hearing and hearing by the word of God and without Faith it is impossible to be saued for Faith is a gift that purifies the hart and makes a mans prayers acceptable to God and therefore neyther of them ought so to take place as that the one should shoulder out the other but they ought so to go hand in hand together as that one should help assist and countenance thother But how these annexations of Benefices first came into the Church whether by the Princes authoritie or the Popes licence it is verie disputable and there are reasons on both sides for to shew the same For whereas there are reported by Ingulphus Abbot of Crowland before mentioned to haue bin viij Churches beside the Patronage of some other annexed and appropriated to the said Abbey by sundry Saxon Kings it doth not appeare by oght that I can find whether they were done by the soueraigne authority of the kings alone to the imitation of that that was done by Martellus who made all Christian Kings to sinne in this point or that it was done by any other Ecclesiastical authority for that there is nothing extant for the allowance thereof saue the seueral Charters of those auncient Kings only and that I should be rather induced to beléeue that it was done by those Kings authoritie only I am thereto persuaded that I find William the Conqueror immediatly vpon the