somtimes at Rome in Italy somtimes at Avignion in France sometimes in other places as by the date of the Bulls and other processe of that age may be seene which severall removes of his gave occasion to the Parliament of inserting the word Elsewhere in the body of those Statutes that thereby the Statutes providing against Processe dated at Rome they might not bee eluded by like Processe dated at Avignion or any other place of the Popes aboade and so the penaltie thereof towardes the offender might become voyde and bee frustrated Neither did the Lawes of this Land at any time whiles the Popes authoritie was in his greatest pride within this Realm ever impute a Praemunire to any Spirituall Subject dealing in any Temporall matter by any ordinary power within the Land but restrained them by Prohibition onely as it is plaine by the Kings Prohibition wherein are the greatest matters that ever the Clergie attempted by ordinary and domesticall authority and yet are refuted onely by Prohibition But when as certaine busie-headed fellowes were not content to presse upon the Kings Regall jurisdiction at home but would seeke for meanes for preferment for forrain authority to controule the Judgments given in the Kings Courts by processe from the Pope then were Praemunires decreed both to punish those audacious enterprises of those factious Subjects and also to check the Popes insolencie that hee should not venter hereafter to enterprise such designments against the King and his people But now since the feare thereof is past by reason all entercourse is taken away betweene the Kings good Subjects and the Court of Rome it is not to bee thought the meaning of good and mercifull Princes of this Land is that the cause of these Statutes being taken away the effect thereof should remain and that good and dutifull Subjects stepping happily awry in the exercise of some part of their jurisdiction but yet without prejudice of the Prince or his Regall power shall bee punished with like rigour of Law as those which were molesters greevers and disquieters of the whole estate But yet notwithstanding the edge of those Praemunires which were then framed remaine sharpe and unblunted still against Priests Jesuites and other like Runnagates which being not content with their owne naturall Princes government seeke to bring in againe that and like forraine authoritie which those Statutes made provision against but these things I leave to the reverend Judges of the Land others that are skilfull in that profession onely wishing that some which have most insight into these matters would adde some light unto them that men might not stumble at them and fall into the danger of them unawares but now to Prohibitions SECT 2. The impeachment thereof by Prohibition and what it is A Prohibition is a commandement sent out of some of the Kings higher Courts of Records where Prohibitions have beene used to be granted in the Kings name sealed with the seale of that Court and subscribed with the Teste of the chiefe Judge or Justice of the Court from whence the said Prohibition doth come at the suggestion of the Plaintife pretending himselfe to be grieved by some Ecclesiasticall or marine Judge in not admittance of some matter or doing some other thing against his right in his or their judiciall proceedings commanding the said Ecclesiasticall or marine Judge to proceed no further in that cause and if they have sent out any censure Ecclesiasticall or Marine against the Plaintife they recall it and loose him from the same under paine of the Kings high indignation upon pretence that the same cause doth not belong to the Ecclesiasticall or Marine Judge but is of the temporall cognisance and doth appertaine to the Crowne and dignitie Of 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 What are Prohibitions of Law 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 mentioned by the second of Edward the sixth where Judges Ecclesiasticall are forbid to hold plea of any matter contrary to the effect intent or meaning of the Statute of W. 2. Capite 3. The Statute of Articuli Cleri Circumspectè agatis Sylva Caedua the treaties De Regia Prohibitione the Statute Anno 1. Edwardi 3. Capite 10. or ought else wherein the Kings Court ought to have Jurisdiction Prohibitions of fact are such which have no precise word or letter of Law or Statute for them as have the other but What are Prohibitions of fact are raised up by argument out of the wit of the Devisor These for the most part are meere quirks and subtilties of law and therefore ought to have no more favour in any wise honourable or well ordered Consistorie than the equity of the cause it selfe doth deserve for such maner of shifts for the most part breed nought else but matter of vexation and have 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 provided that no Prohibition shall goe out but where the King hath the cognisance and of right ought to have and also by the fore-named Statute of Edward the sixth which forbids that any Prohibition shall be granted out but upon sight of the libell and other warie circumstances in the said Statute expressed by which it is to be intended the meaning of the Law-givers was not that every idle suggestion of every Attourney should breed a Prohibition but such onely should bee granted as the Judge in his wisdome should thinke worthy of that favour and if right and equitie did deserve it although as I must needs confesse the Statute is defective 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 upon Ecclesiasticall causes but I feare mee as emulation betweene the two Lawes in the beginning brought in these multitudes of Prohibitions either against or beside law so the gaine they bring unto the Temporall Courts maintaineth them which also makes the Judges they cesse not costs and damages in cases of consultation although the Statute precisely requires their assent and assignement therein because they would not deterre other men from suing out of Prohibitions and pursuing of the same The Prohibitions of the law as have beene before shewed are neither many nor much repined at because they containe a necessary distinction betweene Jurisdiction and Jurisdiction and imply the Kings right and Subjects benefit but the
passage will I note which of them have beene most chiefly oppugned and as occasion shall fall out speake of them PART III. CHAP. I. SECT 1. How the Jurisdiction which is of Civile and Ecclesiasticall cognisance is impeached by the Common Law of this Land and first of the impeachment thereof by the Statute of Praemunire facias ANd thus much as concerning those parts of the Ecclesiasticall Law which are here in use with us Now it followeth to shew wherby the exercise of that Jurisdiction which is granted to bee of the Civile and Ecclesiasticall cognisance is defeated and impeached by the Common Law of this Land which is the third part of this Division The impeachment therefore is by one of these meanes by Praemunire by Prohibition by Injunction by Supersedeas by Indicavit or Quare impedit but because the foure 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 onely treat of the two first and put over the rest unto some better opportunitie A Praemunire therefore is a writ awarded out of the Kings What is a Praemunire Bench against one who hath procured out any Bull or like proces of the Pope from Rome or else-where for any Ecclesiasticall place or preferment within this Realme or doth sue in any forreine Ecclesiasticall Court to defeat or impeach any Judgement given in the Kings Court whereby the body of the offender is to bee imprisoned during the Kings pleasure his goods forfeited and his lands seized into the Kings hand so long as the offender liveth This writ was much in use during the time the Bishop of Rome's authoritie was in credit in this land and very necessarie it was it should be so for being then two like principall authorities acknowledged within this Land the Spirituall in the Pope and the Temporall in the King the Spirituall 25. Ed. 2. 27. Ed. 3 c. 1. 38 Ed. 3. c 1. 2. 7. Rich. 2. c. 12. 13. Rich 2. c. 2. 2. H. 4 cap. 3. grew on so fast on the Temporall that it was to be feared had not * Neverthelesse even out of these Statutes have our Professours of the Common Law wrought many dangers to the Jurisdiction Ecclesiasticall threatning the punishment conteined in the Statute Ann. 27. Edw. 3. 38. ejusdem almost to every thing that the Court Christian dealeth in pretending all things dealt with in those Courts to be the disherison of the Crowne from the which and none other fountaine all Ecclesiasticall Jurisdiction is now derived whereas in trueth Sir Thomas Smith saith very rightly and charitably that the uniting of the Supremacie Ecclesiasticall and Temporall in the King utterly voideth the use of all those Statutes Nam cessante ratione cessat lex and whatsoever is now wrought or threatned against the Jurisdiction Ecclesiasticall is but in emulation of one Court to an other and by consequent a derogation of that authority from which all Jurisdiction is now derived and the maintenance whereof was by those Princes especially purposed D. Cowel in the Interpreter these Statutes beene provided to restraine the Popes enterprises the spirituall Jurisdiction had devoured up the temporall as the temporall now on the contrary side hath almost swallowed up the spirituall But since the forreine authoritie in spirituall matters is abolished and either Jurisdiction is agnised to be setled wholly and onely 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 subordinate Jurisdiction under the King whether the same bee in the Kings name or in his name who hath the same immediatly from the King for that now all Jurisdiction 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 have in himselfe a contrarietie of Jurisdiction fighting one against the other as it was in the case betweene himselfe and the Pope although hee may have diversitie of Jurisdiction within himselfe which for order sake and for avoyding of confusion in government hee may restraine to certaine severall kindes of causes and inflict punishment upon those that shall goe beyond the bounds or limits that are prescribed them but to take them as enimies or underminers of his state he cannot for the question here is not who is head of the cause or Jurisdiction in controversie but who is to hold plea thereof or exercise the Jurisdiction under that head the Ecclesiasticall or Temporall Judge Neither is that to move any man that the Statutes made in former times against such Provisors which vexed the King and people of this land with such unjust suits doe not only provide against such Proces as came from Rome but against all others that came else-where being like conditioned as they for that it was not the meaning of those Statutes or any of them therby to taxe the Bishops Courts or any Consistory within this land for that none of them ever used such malepert sawcinesse against the King as to call the Judgements of his Courts into question although they went farre in strayning upon 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 prelates of this Land in the greatest heat of all this businesse being then present in the Parliament with the rest of the Nobility disavowed the Popes insolencie toward the King in this behalfe and assured him they would and ought to stand with his Majestie 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 their owne jurisdiction by the Pope as the King himselfe was in the right of his Crowne as may appeare out of the course of the said Statutes The word Elsewhere can in no right sence be understood of them or in their Consistories although Et le stat est in Curia Romana vel alibi le quel alibi est a entender en la Court l'Euesque issint que si hōme soit sue la pur chose que appent al Commen ley il aura Praemunire Fitzherb Nat. Bre. Tit. Praemunire facias some of late time thinking all is good service to the Realme that is done for the advancement of the Common Law and depressing of the Civile Law have so interpreted it but without ground or warrant of the Statutes themselves who wholly make provision against forreine authority and speake no word of domesticall proceedings But the same word Elsewhere is to be meant and conceived of the places of remove the Popes used in those dayes being
common with others Those are common with others which other men fall into and are corrected with like ordinary proceeding as other crimes of like nature are as man-slaughter theft adultery and such like Those are proper which doe properly appertaine to militarie discipline and are punished by some unu 〈…〉 or extraordinarie punishment as are these not to appeare at Musters to serve under him he ought not to serve to vage or wander long from the Tents although he returne of his owne accord to forsake his Colours or his Captaine to leave his standing to fly over to the Enemy to betray the Hoast to be disobedient to his Captain Coronell or Lieutenant to lose or sell his Armour or to steale another mans to be negligent in forage or providing of victuall to neglect his watch to make a mutiny to fly first out of the field or other like which are delivered in the late cited titles Concerning this Arrian who wrote the life of Alexander the great thus saith Every thing is counted an offence in a Souldier which is done contrary to the common discipline as to be negligent to be stubborne to be slothfull The punishments wherewith Souldiers are corrected are these either corporall punishment or a pecuniarie mulct or injunction of some service to be done or a motion or removing out of their places and sending away with shame By capitall punishment is understood for the most part death or at the least beating unlesse happily it be pardoned either for the unskilfulnesse of the Souldier or for the mutinie of the company being thereto drawen by wine and wantonnesse or for the miseration or pittie of the party offending All which a wise Judge moderateth according to the quality of the person the quantitie of the offence and the opportunitie of the time SECT 6. That the third and last matter of extraordinary Cognisance in the Civill Law here with us concerneth the bearing of Armes and ranging of every man in his proper place of honour and first of Armory THe last extraordinary matter that the Civile Law Judge dealeth in is the bearing of Armes and the ranging of every man into his roome of honour according as his place requires and here first of Armes For skill in Armory although it be a thing now almost proper to the Heraulds of Armes who were in old time called Feciales or Caduceatores because they were messengers of warre and peace either to proclaime the one or denounce the other yet the ground thereof they have from the Civile Law so that thereby to this day they may be directed in their skill or controlled if they doe amisse For besides that there are many other places in the Law C. ut nemo privatus praediis suis vel alienis vela regia imponat ut nemini liceat sine Jud. author signa imponere c. De statuis imaginib ut nemini liceat fignum salvatoris c. De his qui potentiorum nomine titulos praediis suis affigunt ibi doct ff dererum divisio l. sanctum C. de ingenuis manumiss l. adrecognoscenda ff de rerum divisione l. sanctum which touch Armory as appeareth by the titles here quoted in the margent Barthol himselfe maketh a speciall tractate thereof and divideth the whole matter of Armes into three ranks according to the divers sorts of men that bare them for some are Armes of some publick dignitie and office as the Armes of the Legate or Proconsull the Armes of Bishops the Armes of the Lord Admirall other are Armes of speciall dignities as Armes of Kings and Princes which no man is to beare or paint in his house or stuffe unlesse it bee for to shew his duetie or subjection therein The third sort is of those which are private mens Armes of whom part have them by the grant of the Prince or by authoritie of those to whom the Prince hath given power to grant Armes to others as hath the Earle Marshall within this Realme of England others have taken them by their owne authoritie which albeit in former times they might doe as also they might take such names as every one did like of for names and signes in the beginning were invented for to know and discerne one man from an other and as every man might change his name so might hee change his signe so that it were not done in fraud and deceit but after it was forbidden both that any man should C. de mutatione nominis l 1. ff de Falsis l. sal si nominis change his name because it was not thought it could be done with any good meaning and that no man should beare Armes of his owne authoritie and therefore Officers were appointed under Princes as I have said who should give Armes to such as deserved well of the common-wealth either in warre or peace for albeit in the beginning Armes and Colours were proper to men of warre to avoid confusion in the hoast and to discerne one company from an other yet when it came to be a matter of honour it was challenged no lesse by men of peace than by men of warre for true indeede is that saying of Tully Parva sunt foris arma nisi est consilium domi and the Emperour speaking of the benefit that Advocates and such like bring to States L. Advocati C. de Advocatis diversorum â—udicorum and Common-wealths saith thus Advocates which breake the doubtfull fates of causes and with the strength of their defence sundry times as well in publick causes as in private raise up those that are falne and releeve those which are wearied doe no lesse good unto man-kinde than if by warre and wounds they saved their parents and countrey for we saith hee doe not count that they onely doe warre for our Empire which do labour with sword shield and target but also our Advocates for indeed the Advocates or Patrons of causes doe warre who by confidence of their glorious voyce doe defend the hope life and posteritie of such as be in danger thus saith hee and thereupon commeth that distinction of Castrense peculium Et quasi castrense peculium signifying thereby that albeit Counsellours to the state Lawyers and such like be not actuall warriers yet they are representative warriers and doe no lesse serve the Common-wealth than they The Souldier riseth betime in the morning that he may goe forth to his exploit the Advocate that hee may provide for his Clients cause hee wakes by the trumpet the other by the cock he ordereth the battell the other his Clients businesse hee taketh care his tents bee not taken the other that his Clients cause be not overthrowne so then either of them is a warrier the one abroad in the field the other at home in the Citie Besides Barthol treateth in that place what things are borne in Armes either naturall as beastes birdes fishes mountaines trees flowres sunne moone starres or such like or artificiall not taken
hold plea of any thing that is in the said Proviso conteined but it is rather directive and sheweth where the Ecclesiasticall Judge is to give way to immunities and to pronounce for them so that for any thing is conteined in this Proviso to the contrary the cognisance of these matters especially Priviledge Prescription and Composition still remaineth at the triall of the Ecclesiasticall Law as they did before this Proviso was made for Deprascript lib. 2. tit 26. De Privileg lib. 5. tit 33. Tythes and other Ecclesiasticall dueties as may appeare by the severall titles in the same Law hereon written And for the other words Law and Statute therein mentioned when as the King hath two Capacities of government in him the one Spirituall the other Temporall and his high Court of Parliament wherein Lawes are made doth stand as well of Spirituall men as Temporall men and so ought to stand in both houses if the ancient Booke De modo tenendi Parliamenti be true and authenticall which makes the upper House of three States the Kings Majestie the Lords Spirituall and the Lords Temporall and the lower House in like sort of three other the Knights the Procurators for the Clergie and the Burgesses and his Majestie hath within this Realme aswell Ecclesiasticall Lawyers as Temporall which are no lesse able to judge and determine of Ecclesiasticall matters then the Temporall Lawyers of temporall businesse It is not to be imagined but as his sacred Majestie will have those Lawes to be held Temporall and to have their constructions from Temporall Lawyers which are made and promulged upon Temporall rights and causes So also his Highnesse pleasure is and ever hath beene of all his predecessours Kings and Queenes of this Land that such Lawes and Statutes as are set out and published upon Ecclesiasticall things and matters shall be taken and accounted Ecclesiasticall and interpreted by Ecclesiasticall Lawyers although either of them have interchangeably each others voyce in them to make them a Law And that the King doth infuse life into either of the Lawes when as yet their substance is unperfect and they are as it were Embryons is in temporall matters by his temporall authoritie and in spirituall matters by his spirituall authoritie for to that end he hath his double dignitie in that place as also the Ecclesiasticall Prelates sustaine two persons in that place the one as they are Barons the other as they are Bishops So that even the orders of the House doe evince that there are two sorts of Lawes in that place unconfounded both in the head and the body although for communion sake and to adde more strength to each of them the generall allowance passeth over them all And as they rest unconfounded in the creation of them so ought they to be likewise in the execution of them as the Temporall Law sorts to the Temporall Lawyers so the Spirituall Lawes or Statutes should be allowed and allotted unto the Spirituall Lawyers And as the nomination of these words Law or Statute in this precedent Proviso makes not the Law or Statute Temporall but that it may remain wholly Ecclesiasticall by reason of the Spirituall matters it doth containe the power of him that quickneth it powreth life thereinto so much lesse can the inserting of these tearmes Priviledges Prescriptions or Composition reall intitle the Common Law to the right thereof or the Professours of the said Law to the interpretation thereof for that matters of these titles so farre as they concerne Tythes and other Ecclesiasticall dueties have beene evermore since there hath beene any Ecclesiasticall Law in this Land which hath beene neere as long as there hath beene any profession of Christianitie with us of Ecclesiasticall ordinance neither ever were of the Temporall cognisance untill now of late that they transubstantiate every thing into their owne profession as Midas turned or transubstantiated every thing that hee touched into gold CHAP. III. SECT 1. How it comes to passe that when tythes were never clogged with custome prescription or composition under the Law they are clogged with the same under the Gospel and the causes thereof BUt here it will not bee amisse to inquire since Tythes came in the beginning of the primitive Church within a little time after the destruction of Jerusalem and the subversion of the Jewes policie unto the Christian Church and common-wealth void of all these incumbrances as shall appeare after by the testimonie of sundrie of the ancient Fathers which were neere the Apostles time how it comes to passe since Tythes are no lesse the Lords portion now than they were then and in the Patriarches time before them that these greevances have come upon them more under the Gospel than ever they did under the Law for then never any Lay man durst stretch out his hand unto Malach. 3. them to diminish any part thereof but hee was charged with robberie by the Lords owne mouth and in punishment thereof the heavens were shut up for giving raine unto the earth and the Palmer-worme and Grashopper were sent to devour all the greene things upon the earth And for Ecclesiasticall men it is not read any where in the Scripture that ever they attempted to grant out any priviledge of Tythes to any person other than to whom they were disposed by the Law or to make any composition thereof betweene the Lay Jew and the Lords Levites every of the which have beene not onely attempted against the Church in Christianitie but executed with great greedinesse so farre worse hath beene the state of the Ministery under the Gospel than was the condition of the Priests and Levites under the Law SECT 2. That the causes are two fold First The violent intrusion of Lay men and secondly The over-much curiositie of Schoole men and first of the first cause and therein concerning Charles Martels Infeudations and the violent prescriptions ensuing thereupon THe beginning whereof although it be hard for mee to finde out because there is small memory thereof left in Stories yet as farre as I can by all probabilities conjecture this great alteration in Ecclesiasticall matters came by two occasions the one by the violence of the Laitie thrusting themselves into these Ecclesiasticall rights contrary to the first institution thereof for when they were first received into the Christian world they were received and yeelded to for the benefite of the Clergie onely as in former time under the Law they had beene for the use of the Priests and â—evites onely The other was the too too much curiositie of Schoolmen who being not content with the simple entertainment of Tythes into the Church as the ancient Fathers of the primitive Church received them would needes seek out how and in what right and in what quantitie this provision belongs unto the Church wherein they did by their overmuch subtilty rather confound the truth than make that appeare which they intended to doe By the first of these was
tend to the discredit or disadvantage of most necessarie Prayer equall to the dignitie of Preaching which God hath ordained to bee the onely meanes to come to Salvation by For Faith comes by hearing and hearing by the word of God and without Faith it is impossible to be saved for Faith is a gift that purifies the heart and makes a mans prayers acceptable to God and therefore neither of them ought so to take place as that the one should shoulder out the other but they ought so to goe hand in hand together as that one should helpe assist and countenance the other SECT 4. Whether Appropriations came first frō Princes or Popes it is questionable BUt how these annexations of Benefices first came into the Church whether by the Princes authoritie or the Popes licence it is very 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 have beene eight Churches beside the Patronage of some other annexed and appropriated to the said Abbey by sundry Saxon Kings it doth not appeare by ought I can finde whether they were done by the soveraign authoritie 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 Ecclesiasticall authoritie for that there is nothing extant for the allowance thereof save the severall Charters of those ancient Kings only that I should bee the rather induced to beleeve that it was done by those Kings authoritie only I am thereto persuaded for that I finde William the Conqueror immediatly upon the great victory that hee got over this Kingdome to have appropriated three Parish Churches to the Abbey of Battaile which hee built in memory of his Conquest And whereas William his sonne had depopulated and overthrowne sundry Churches in the new Forrest Henry his brother by his Letters Patents gave the Tythe therof to the Cathedrall Church of Sarum annexed thereto twenty other Churches in one day if the copie of that record that I have seene as concerning these appropriations be true yea the matter was gone so farre in those daies that even Noble persons and other meaner men would command Corodies and pensions to their Anno 1. Edw. 3. c. 10. Chaplaines other servants out of Churches and this could not be redressed untill such time as there was made a Statute to reforme it On the contrary side that I should take it to be a devise of the Pope I am moved thereto for that I finde every of these orders of Religious men were confirmed by one Pope or other as they confirmed them so it is like they made provision for them that most especially this way that chiefly after the Laws of Amortisation were devised Linwood c. licet bona memoria Gloss in verb. asserunt non logari de locato conducto put in ure by Princes thereupon it is that we find sundry sorts of annexation made by Popes Bishops under them every one in their Diocesse as some were made so far as concerned the Patronage only then had the Monks therein presentatiō only some other were made pleno jure then might the Monkes both institute destitute therein without the Bishop and turne all the profit thereof to their own use reserving onely a portion to him that should serve the Cure there some other Churches did they grant simply to them without any addition of full right or otherwise then if the Church were of their owne foundation they might chuse the Incumbent being once dead whether they would put any other therein unles †By occasion of that which the Authour here saith and that which hee hath hereafter said concerning the Patrons pension from the Bishop Chap. 5. Sect. 1. of this 3. Part. It shall be here enquired what Right and Title the Diocesan had to a new Church or Monasterie and how it stood in comparison of the Patron and because this Right seemeth originally to discover it selfe in the Founding Erecting and Endowment of a Church or Monasterie by all or either of which the Law saith a Patron may be made the Bishops consent alwaies presupposed as hereafter shall appeare therefore in the first place it must be considered how farre forth the Bishop was concern'd in these that it may the better be understood how truly hee was qualified to the Right of Presentation For that which concernes Foundation and Erection All that the Patron had free to himselfe in the first place was but his Thought he might thinke where he would designe the Ground or How he might Build the Church and if he entertained his owne Motion hee might make it his purpose But this was nothing without Execution and to this the Diocesan was to bee required as the most principall and most effectuall Agent therefore it is said in the 4. Canon of the Councell of Chalcedow that no man shall erect 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a Monasterie or a Church without the Bishops consent And Lambertine saith that this was so necessarie that if a Church were set up in the Patrons ground without his consent the Patron could not pull it downe without the Bishops consent yet if the Patron built a Church upon his owne ground without the Bishops consent the Bishop might pull it downe without the Patrons consent and yet in this case the Patron might not doe it without the Bishops consent c. But to see further For the Greeke Church their Euchologue saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. That the Materials being provided for the foundation of the Church that shall be erected the Bishop commeth thither in person c. and having put on his Formalities the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he saith certaine Prayers 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. This done 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. 〈◊〉 the Bishop fumeth the Ground worke with his incense circularwise then the Singing men say the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a kinde of Collect for the Saint to whose name the Church is dedicated and some other Services as the Chaunter shall appoint That which followeth in the Euchologue concerning the Corner-stone which the Bishop crosseth and layeth for the Foundation hath beene formerly observed by occasion of the Emperours Novell to this purpose perhaps the same Church had people belonging unto it for then must they of necessity still maintaine a Curate there of this sort were their Granges Priories those which at this day we call Donatives but if it were of another mans foundation then was it otherwise To this also I adde that the Pope every where in his Decretals arrogateth this right unto himselfe as a Prerogative of the Apostolike See to grant these priviledges to Religious orders to take and receive Benefices