THE POOR VICAR'S PLEA.  
Declaring, that a competency of means is due to them out of the Tithes of their several Parishes, notwithstanding the Impropriations.  
Written by THOMAS RYVES Dr. of the Civil Laws.  
Ad tenuitatem Beneficiorum necessariò sequitur ignorantia Sacerdotum. Panormit.  
LONDON Printed by JOHN BILL. AN. DOM. M. DC. XX.   

 two lions holding up a crown surmounted shield of the coat of arms of the United Kingdom above plaque 
DIEV ET MON DROIT.    

TO HIS SACRED MAJESTY.  
MOST Religious and Gracious Sovereign, As it is not unknown to the world, in how miserable a plight our poor Church of IRELAND standeth at this present; So we of that Kingdom know right well, and with all thankfulness acknowledge, that your Majesty hath ever made it one of your most Princely and Christian cares, to raise her up again, if by any means you could, out of the dust, and to set her among the Daughters, as sometimes you did her Sister of SCOTLAND, which formerly lay buried under the like heap of Impropriations, as the other doth at this present time.  
The knowledge whereof, dread Sovereign, hath emboldened me, the meanest of all the Professors of the Laws, to present this short Discourse unto your Highness: wherein I have endeavoured to prove, that the poor Ministers of that Church, aught to be more competently provided for, then now they are, and that, out of the Tithes belonging to their several Churches, not by Prerogative, whereof your Majesty is ever sparefull, but by a due course of Law, already there established: Wishing from my heart, that this cause of GOD and of his Church, had found an Advocate, answerable to the dignity and justice of it. As it is, I shall humbly beseech your Majesty, that neither the unworthiness of my person, neither yet the unlikelihood of the matter, be any prejudice to the worth and truth of the cause itself; but rather, that your Highness will vouchsafe to look down upon this poor endeavour of your humble Servant, with a favourable eye, and to supply those manifold defects, which may happily be found in the handling of so great and difficult a cause, out of that abundant and incomparable treasure of Learning and Wisdom, which GOD hath so richly endowed your Princely mind withal: In hope whereof, with my humble prayers to Almighty GOD, for the preservation of your Majesty's long and prosperous Reign, I rest  
Your Highness' most loyal Subject and humble servant, THO. RYVES.   

THE POOR VICAR'S PLEA for Tithes.  
THe prosperous and happy peace which this poor Kingdom of Ireland hath of late years enjoyed, is such, as neither our Fathers ever saw, nor can be sampled out of any Records or Histories of former ages. The plough now walketh without fear, the wayfaring man travaileth without danger, the laws are executed in every place alike. Cocherings are reduced to Chiefe-rents; The poor Tenant beginneth to stand for his right against his tyrannising and cutting Landlord: The name of a Kern is almost forgotten. The woods and fastness are left for beasts. The men are drawn to Villages and Towns, and all reduced (thanked be God) to a measure of good civility.  
Only the Church in this common joy mourneth, looking pale and wan, as if she had been either newly taken out of a burning fever, or came lately flying out of a bloody battle. The Churches in most places lie waste: and where Churches are, there want, rather Ministers able to instruct the people, than people capable of instruction. So that, if his Majesty should be pleased to cast his eye upon the Temporal and Ecclesiastical estate of this his kingdom both at once, he might well sigh in himself, and say as sometime King David did, Ecce Ego nunc habito in domo cedrina, 
●. Lib. Chronic. c. 17 v. 1.  dum arca foederis sub aulaeis.  
Neither is the cause of this her poverty, and extreme calamity hard to be discerned: would God the remedy were as easy to be found. The sole cause therefore of this her misery, is the multitude of Benefices, long since taken from the daily Ministers of the Churches, and converted to other uses: But principally and in greaest number appropriated to the luxury of the Monks. For there was an age when Christian Religion seemed to consist only in building of Monasteries, and in bestowing large revenues upon them when they were built. But those Monkeries, as they were from the beginning exceeding burdensome to the Temporal estate of all kingdoms in which they were erected, so in short time they grew baneful to the Churches, by reason of the multitude of Church livings which they procured daily to be appropriated to their uses: whereupon it was, that (among other grievances) which the Christian Nations complained of in the Council of Constance, & whereof they required reformation; this was one, That the number of Unions and Incorporations; that is to say, of Appropriations was over much increased in all kingdoms. And the Council thereupon decreed, That all such Appropriations as had been in certain years before should be reversed; Yet with this reservation, viz. Unless they were made upon just and lawful causes: which was nothing else, but to blind the eyes of the world, and to send away the complainants, content for the present. The Council of Trent 
Concil. Trident. Sess. 7.  also not long after revoked all Appropriations which had been made in forty years before. But I could never find that this Canon took effect any more than that other of Constance did. Sure I am, that the French writers complain, that they have been as frequent in France since that Council as before: and so frequent, that the Universities, (which by a laudable custom of that Realm have a right of Nomination to a 
Petr. Rebuffus Tracta. nominat●●num.  third part of the Benefices therein, together with the Secular Clergy, and Lay-Patrons, finding no measure in them, nor other remedy against them) use to appeal from them, as from abuses, to the high Court of Parliament in that Kingdom.  
Neither have these Monasteries done more harm to the Church in themselves, than they have by their example. For from them, Chantries, Colleges, Hospitals, and Nunneries, learned to procure Appropriations to be made unto them. By means whereof, the several Parishes throughout Christendom began in short time to grow destitute of learned Teachers, and by this occasion more than by any other, fell from civility to barbarism, and from the knowledge of true Religion, to gross ignorance and mere superstition.  
But of all Kingdoms of the Christian world, I suppose that never any was so surcharged and ruined with this heavy burden as this poor Kingdom of Ireland hath been, and is. For the more barbarous the people was, the more were they addicted to superstition; and the more superstitious, the more easy to be wrought upon in this kind. To instance in one for all: I have observed out of an old Liger book of the Abbey 
Regist. Sancti Thome in le bremingham's Tour Dublin.  of S. Thomas near Dublin (a house of no very old foundation) That in few years after it was erected, it had procured fifty nine Church livings in part, or in whole, to be appropriated to their uses. Neither may we doubt, but that Kilmainim, Saint Maries, and other such houses, which were in great number in and about Dublin, and other parts of that Kingdom, had their share alike. By means whereof it is come to pass, that a man shall there find few Churches served by other then poor Vicars and stipendary Curates, and those, for the most part, men of such course stuff, as hardly can a man say, whether such men be less worthy of better maintenance, or such maintenance of better men.  
I have been told that Doctor Weston, a learned Civilian, and (not long since) a worthy Lo. Chancellor of this Kingdom, pitying the miserable plight of this poor Church, devised the means how to have all those Impropriations restored to their primer use again, and that he wrote a large Discourse to that effect, which he intended to send to her Majesty of happy memory, but that death prevented him, and (he dying) that work aborted with him. I must confess, that the line of my understanding is too short to reach to so deep a point of learning: but well can I show, what hath been done heretofore in the like case, for the benefit of the Church; and how (without wrong to any man, and by a laudable due course of law) there may and aught to be a competent maintenance raised unto every Minister, out of the Tithes belonging to his own Church; and that by the immediate authority of the Bishop, notwithstanding the Appropriations as now they stand, and so the poor estate of this Church be made a grea● deal more tolerable than now it is. And this is the Argument of this short Discourse ensuing: an Argument, which I know will seem harsh, and not sound well in the ears of those men who have hitherto lived in the quiet possession of the whole. But they a●e for the most part, men of honour and wisdom, and such as can easily apprehend, That if happily my love unto our Mother the Church, hath driven me into an error, my error cannot hurt them: And if I shall maintain a truth, the truth will defend both itself and me: In the one case they need not, in the other they ought not; and therefore I hope and presume, that in honour they will not be offended at me. As for the Argument itself, it will in my poor understanding be made clear and sufficiently proved to all men of indifferency and wisdom, if I shall be able to make it appear. First, that by the Laws Ecclesiastical, which were in force before, and at the time of the dissolution of Abbeys in the reign of Hen. 8. The Bishops had full power and authority within their several Dioceses to allot, or cause to be allotted out of every Benefice, so much of the Tithes as might well serve for a fit maintenance of the Minister, any Impropriation notwithstanding. And secondly, That the same Laws and Canons stand hitherto in full force and uncontrolled by any Statute of either Kingdom.  
To put hook to corn therefore. And first to make it clear, That by the course of the Canon Laws, and by the practice used in those days, the Bishops had such power over the Monasteries, and other such like houses, while they were in their chiefest Ruff. It is to be observed, That it was the opinion which the world had conceived of the piety, charity, and devotion of Monks, that first caused those ample revenues, both Temporal and Ecclesiastical to be cast upon them. This opinion was the more confirmed in the minds of men by their laudable beginnings, for as the liberality of the rich to them-wards, was very great; so were also their hospitality in receiving strangers, their charity in redeeming captives, their devotion in relieving the poor, and other Almesdeeds no less. As for these Benefices which were annexed to their houses, and appropriated to their uses, it is reported, that they used them, as if they used them not, and taking thereof a small pension for themselves, they left the rest to their Vicar, which performed the daily office in the Church. And no marvel: for had they appeared in their own likeness at the first, every man had shut doors against them: But in process of time, as their Luxury, caused by their idleness, swallowed up their devotion, so their Avarice, the natural begotten daughter of their Luxury, quenched the fire of their Charity. Then began they to take the whole fruits of those Benefices into their own hands, and to thrust the Curate to his pittance, not regarding how unworthy the man were, so he would content himself with little wages. Insomuch, that the Popes themselves, who use to wink at small faults in their trusty servants, grew offended at this their insatiable avarice, fearing, and foreseeing, that in the end, it would turn to the discredit of the Papacy, whose creatures they were, to the ruin of the Parish-Churches, and decay of Religion in all places where they came. The first which opposed himself against them, was Pope Alexander the third, about the year of our Lord God 1170. He wrote to the Monks and other Regulars of the Church and Diocese of York, a certain Decretal, wherein having first blamed their covetous disposition in this kind, he addeth these words. Intelleximus quod in Ecclesijs vestris 
〈◊〉 A●…aritia. extra d● prebend.  de quibus certas Pensiones consuevistis percipere, portiones & antiquos reditus minorastis, quos nonnulli Clerici Ecclesiarum ipsarum habuisse noscuntur: Idcóque mandamus, quatenus, fi quas portiones, velantiquos reditus Clericorum fine consensu Archiepiscopi vestri minuere praesumpsistis, ad integritatem pristinam revocetis. From whence that appeareth to be true which was said before: That in the beginning Monks, and others were wont to reserve to themselves a pension only out of those Churches which they held appropriated to their uses, leaving the gross of their Tithes which were the proper ancient revenue of the Church, to the Vicars or other Curates 
〈…〉. ad 〈…〉 extra de pr●b●nd  of them. And so Panormitan understandeth this Decretal, and therefore summeth it in this manner: Religiosi reditus Ecclesiarum ipsarum diminuere non possunt, respectu portionis quae debetur Rectoribus 
Panormit. ib.  seu vicarijs earundem; And a little after he saith, that the religious men could not increase their own Pension, Nec possunt diminuere portionem solitam dari Rectoribus earundem Ecclesiarum: Some men I know, & among them Aufrerius a learned Canonist in his 109. Decision 
Aufrer. dec●●. 109.  will have it to be understood of the Covents of inferior Priories, rather than of the Vicars of Parish Churches, being led into this opinion, no doubt, by the word Clericorum; which yet, as Suidas and others testify, comprehendeth all sorts of Priests and Deacons, and all others which had taken upon them any degree of holy Orders, were they Secular, or were they Regular, and doth more properly signify a Minister of the Church, as one which is more peculiarly called in sortem Domini, than it doth a Monk or Friar.  
But of whomsoever it was meant, it seemeth that this Constitution served only for a warning piece, and did but random over the Monks for that present, without doing them any greater harm; for, vana est omnis constitutio quae contra facientibus poenam non imponit. And therefore as the disease increased, so was the remedy more and more enforced: wherefore the same Alexander, not long after, being duly informed of the ill behaviour of our Monks in this kind, and that contrary to the old custom, they suffered the poor Curates to take all the pains, and not to partake of the gains in any reasonable sort, wrote to the Bishop of Worcester in this manner. De monachis 
c. de Monachis Extra de prebend.  qui vicarios Ecclesiarum parochialium ita gravant, ut hospitalitatem tenere non possint, eam providentiam habeas quod ad praesentationem eorum nullum recipias, nisi tantum ei de proventibus Ecclesiae coram refuerit assignatum, unde iura Episcopalia possint persoluere, & congruam sustentationem habere.  
For the better understanding of which Constitution it is to be noted, that in all those Churches which were appropriated to any Monastery, the Monks as they were to receive the fruits to their own uses, so were they to present their Vicar to the Bishop, by him to be canonically instituted to the cure of souls, and were also to allow so much out of the Tithes, as in the discretion of the Ordinary might seem enough to maintain the Vicar in a competent and a convenient manner, his calling, degree, and quality considered, as also to discharge Procurations, and other duties belonging to the Bishop, to maintain hospitality, and to support and defray all other charges belonging to such a Benefice, as shall hereafter more fully be declared. But because the Monks would make them no other allowance than such as is now commonly made to our hirelings here in Ireland. Therefore the Pope willed the Bishop (to whom the care of these things properly belonged) to reform this abuse, and not to admit of any Clerk at their presentation, unless the Monks would first make an allowance of so much of the Tithes or other profits to the use of the Vicar, as would suffice for all the above named charges, so saith Panormitane, Innocentius, Rebuffus, 
Panormit. & Innocen. ad D. 6 de Monarchis Rebuff. de congr●….  and other Writers, expositors of the Canon Law. For albeit there were not in those days any Vicarages endowed (for this is a term of our Common Laws, and unknown unto the Canons) yet was there ever a perpetual Vicar to be resident in the Parish, no● by licence (as now is used) but by Canonical institution from the Ordinary, at the presentation of the Monks: unto which institution the Bishop could not be compelled, unless the Monks had first set out a competent allowance for the Vicar, as the Ordinary should think meet. And this was then thought to be a sufficient tie upon the Monks, to restrain their avarice, and to compel them to make a more liberal allowance for the Vicar: seeing that the cure of souls, which originally, or (as the Canonists speak) habitually resided in them, could not otherwise be supplied. And not long after the same Alexander, sitting in the Laterane Council, issued forth a Canon of the same nature with his Decretal, but in terms more general, and in form as followeth. Extirpandae 
C. extirpandae extra de ●●●ben●.  consuetudinis vitium in quibusdam partibus inolevit, quod scilicet parochialium Ecclesiarum patroni, & aliae quaedam personae proventus ipsarum, sibi penitus vendicantes, Presbyteris earundem seruitijs deputatis relinquant adeo exiguam portionem quod ex eâ nequeant congruè sustentari; nam (ut pro certo didicimus) in quibusdam Regionibus parochiales Presbyteri, pro sua sustentatione non obtinent, nisi quartam quartae: i sextam decimam decimarum. Cum igitur os bovis ligari non debeat triturantis; sed qui altari seruit de altari vivere & debeat. Statuimus ut consuetudine qualibet Episcopi vel Patroni, vel cuiuslibet alterius non obstante, portio Presbyteris ipsis sufficiens assignetur.  
This Canon (as Panormitane in his Commentaries upon the same saith) is 
Panormitan. ib.  properly to be understood of those Churches, Quarum proprietas pertinet ad alium, i. The property whereof belongeth to another, than the Vicar or Minister of the place; which may, or rather indeed must, be understood, either of Monasteries to which they were appropriated, or of dignities to which they were annexed, or of lay persons, to whom they were given to be held in fee, as they are now held by proprietaries with us, especially in France throughout, and in some parts of Germany, where Charolus Martellus (as the French Histories report, and no less appeareth out of the body of the Canon Law) after that great and glorious battle near Tours upon the Loire, against the Saracens, wherein he slew of the Infidels 
De● Ser●●● en son ●●●ectaire de France.  three hundred threescore and fifteen thousand men, not having wherewith else to reward and content his Army for that day's service, gave all, or the greatest part of the Tithes to them in fee for ever: yet in all these there was still a Vicar to be maintained, and a reasonable allowance to be made for his entertainment. But because all these in their several places took the whole revenue of every Benefice unto themselves, not allotting to the Vicar above the sixteenth part of the whole profits: by reason whereof sundry mischiefs grew unto the Church: every man pleading a custom, and that they had long used to pay no more. Therefore the Pope (who according to the course of those times, was reputed to have sovereign authority in cases of this nature) commanded all Bishops to root out this evil practice, and notwithstanding any custom belonging to any Bishop, which held them peradventure united to his table, or Patron which had them in fee, or any other, as Monks, to whose uses they were appropriated, they should reform this abuse in themselves and others, within their several jurisdictions, and cause a larger proportion to be made unto every Priest or Vicar deputed to the service of the Church.  
There was after this another Decree published by Clement the third, in these words. Sicut nobis tua fraternitas intimavit 
C Si●●t extra de 〈…〉.  Monachi quidam & Canonici Regulares Ecclesias quae ad praesentationem eorum pertinent proprijs usibus deputare nituntur; nec volunt ad eas, cum vacaverint vocare personas, etc. admissos ita pensionibus onerantes, etc. Nolentes autem, ut status Ecclesiae debitus & antiquus per insolentiam alicuius subvertatur. Mandamus quatenus nisi a iurisdictione tua exemptae s●…t Eccles●●… supradictae, praedictos excessus stu●eas rationabiliter emendare: Et nisi praedictae personae infra tempus in Lateranensi Concilio constitutum, ad vacantes Ecclesias tibi personas idoneas presentaverint, extunc tibi liceat, appellatione remota, in iisdem ordinare Rectores qui eis praeesse noverint & prodesse.  
This Constitution suffereth some quarrel and dispute upon sundry points. But for our present purpose, 
Petrus Rebuff. tra●t. de congr●…. port.  Petrus Rebuffus saith, that it issued forth upon this occasion. Alexander the third (as hath been said) had decreed that a Bishop should not admit of the Presentee of the Monks, unless they would first assign a sufficient portion of the profits, for his maintenance: whereupon the Monks would not present any Vicar at all, but either left their Churches unserved, or served them with poor mercenary Curates, such as we have hundreds here in Ireland, and so the Church was worse served, and the Churchmen worse provided for, then before. Whereupon this Clement by this Constitution ordained, That in case they did not provide sufficient persons within the time limited in the Lateran Council, which was of six months, Then the Bishop should collate by his own authority, as in other cases of laps and devolution: Excepting always those Monks, which by special privilege were exempted from his jurisdiction; for with these the Ordinary was not permitted, but rather forbidden to deal.  
But Clement the fourth, about the year of our Lord 1240. perceiving that the above mentioned Constitution of Alexander the third, had taken some good effect with the ordinary sort of Monks: and taking notice: That the Exempt Monks which were immediately subject to the See of Rome, continued still to oppress their Vicars with intolerable exactions, and to make them such small allowances, that the poor men were not able to live thereon, made a Decree, That the Constitution of Alexander, should also take place and be of force against the Exempt Monks: The words (after mention made of the Decree of Alexander, and of the great abuses which grew by the avarice of the privileged Monks) follow in this manner. Nos itaque volentes super hoc 
c. Suscepti. de praebend. in sexto.  salubre remedium adhiberi, praesenti Decreto statuimus & mandamus Constitutionem huiusmodi, quoad omnes patronos Ecclesiarum, religiosos, tam exemptos quam non exemptos & alios, inviolabiter obseruari, consuetudine contrariâ non obstante.  
But all these Laws, though grounded upon great reason were of little force to prevail against a mischief which had spread itself so fare, and rooted itself so deep, by custom, and the redress whereof must pinch the belie of the Monk: For what effect could a bare Mandamus work in a case of this nature, there being no penalty inflicted upon the offender.  
Non canis à corio facile absterrebitur uncto. The Templars (for they were those which most offended in this kind, and which of all others were the principal occasion of these Decrees) were too covetous to obey for conscience, and too mighty to be terrified with words. And for mine own part I cannot see, what this was else, but either a fear to displease them; or else a mere mockery of the world, to command this thing to be done, and yet neither to inflict a penalty upon the offender, nor give authority to the Reformer. I confess, that our Doctors and Interpreters of the Canon Law, reckon this for one of the cases wherein the Ordinary, had power given him over the privileged Monks: But neither were these such men as would give their beards for the washing, neither would the Bishops venture upon such a point of Reformation without a more express warrant: seeing that Kings themselves had their power in suspect and jealousy, which also was in the end their bane and overthrow.  
At the last came Clement the f●●…t, a through man, in whatsoever he undertook This Pope in the Council of Vienne in France, made a Canon for the reformation of this abuse, more absolute than any of his predecessors had made before him: For, having repeated the Constitutions of Alexander the third, and of Clement the fourth, and finding them both to be imperfect, he adjureth all Bishops: Ne praesentatum aliquen per quamcunque personam Ecclesiasticam, ius 
C.  canst 〈◊〉. de jurepatr. 〈◊〉 Clemens.  praesentandi habentem, ad aliquam Ecclesiam admittant, nisi intra certum terminum competentem praesent antibus per Diocesanos ipsos praefigendum fuerit coram ijs congrua de proventibus Ecclesiae por tio assignata.  
And knowing well by the experience of times past, what little effect a bare command was like to take with this kind of men. He further ordained, that in case the Monks should not make such allowance as was fit for the uses there expressed within such reasonable time as the Ordinary should prefix,  extunc Diocesani debeant praesentatum admittere, 
●●id.  & in poenam praesentantium ad Diocesanos ipsos potestas assignationis huiusmodi devoluatur.  
By which words both the Presentee was secured in his possession, as taking it by Collation from the Bishop, and the right of assigning the Vicar's portion taken from the Monks, and settled upon the Ordinary of the Diocese: And moreover, to arm him aswel with power to execute, as with authority to command over the exempt and privileged Monks, In the end of the constitution he addeth these words, Ad quae omnia integraliter adimplenda, nec non ad obseruationem debitae assignationis per 
●●id.  Diocesanum faciendae Religiosos praedictos, & alios quoslibet à Diocesanis ijsdem Ecclesiastica volumus censura compelli; non obstantibus exemptionibus, aut alijs quibuslibet privilegijs, consuetudinibus vel statutis, quae circa praemissavel eorum aliquod Religiosis ipsis, aut alijs, in nullo volumus suffragari.  
And this authority granted to the Ordinary over the exempt Monks, is yet more clear by another constitution of the same Clement, and in the same Council, wherein because Abbats and other regular Prelates were wont to hold their subordinate Priories and other Churches belonging to them, in their own hands; or otherwise to oppress them with exactions, or happily not presenting any at all to the Bishop for institution, therefore it was ordained, that in case they presented not within six months. Diocesani locorum 
C. Vnico de suppling. neglige Praelato. in Clement.  in non exemptis sua, in exemptis verò Apostolica authoritate negligentiam super hoc suppleant eorundem, Prioratus, Ecclesias, Administrationes, & Beneficia huiusmodi conferendo.  
And to the end the Ordinaries might have power in themselves, not only to supply their negligence, but also to restrain their avarice: Therefore it followeth in the same Decree in this manner. Eadem quoque authoritate Diocesani suffulti, nullo modo permittant quòd ijdem Praelati, Prioratus, Ecclesias, Administrationes aut Beneficia applicent mensis suis, pensioné●ue novas ijs imponant, aut veteres augeant, sive quae ipsis de novo imp●sitae sive auctae soluantur.  
The difference between this and the former constitution is this. In the former, Bishops had power to make or cause to be made a sufficient allowance to the Incumbent, In the later, to see that the Monks laid no new exactions, or imposed greater pensions upon them: which difference arose from a diversity of custom used among the Monks. For sometimes (and that was the more ancient and better fashion) they left the gross of the tithes and other profits to b● received by the Vicar, reserving to themselves only a pension, to be paid out of the whole by the Vicar, which afterwards they sought immediately to increase: and sometime they set their own Proctor to take up the main profits, and left only a part or portion to the Vicar, which they sought continually to diminish: But in both cases the Bishop's Crosier had the privileged Monk by the leg, aswell as he had the other.  
This Clement made bolder with all sorts of Monks than any Pope did before or after him. And as for the exempt Orders of them, whereas they were by virtue of their exemption immediately subject to the See of Rome, which could not from so fare off, look well into their dealings, he made them in this and certain other cases liable to the Bishops, of the several Diocese; not as unto Ordinaries, but as to Delegates from the See of Rome for perpetuity, as here appeareth. And lastly subjected them wholly in this manner to the visitation and rod of correction of the Bishops, with a Non obstante of all their exemptions or other Prerogatives and Privileges whatsoever.  
As for the Templars, of whom I spoke before, This also was that Clement, which, either fearing or envying their 
〈◊〉 in v●ta C●ement. ●.  greatness, by reason of their wealth, reputation in wars, alliance with great houses, and populous fraternities, which they had in every corner of every State and Kingdom, laid the train to blow them up in an instant; and combining with Philip of France and other Princes, caused them all to be surprised in a moment, and to be made away, some by massacre, and some by course of Law, laying to their charge Confederacy with the Saracens, abnegation 
B●ason 〈◊〉 Are 〈…〉.  of Christ, secret rites, strange lusts, and other crimes, whereof, some say, they were not guilty. A Mirror for the jesuites to behold their greatness, and to foresee their ruin in. They are (as the Historian saith of Elephants) 
Li●…. Deca● ●. lib. 3.  anceps Belluae genus, as likely to turn upon him that useth them, as to run upon them against whom they are used. Henry the fourth, late King of the French, flattered them for fear, and could not thereby eschew their plots. And it is not long since that La Marteliere the King's Attorney general in Paris, in the case between the University 
En son plai d●i● pour l' vniuersite country le● jesuites.  and them, delivered in open Court, That they are so fortified and cabled up with the Grants and Privileges of Gregory the 14. and other Popes, that now no gunne-shot or thunder of Excommunication can make breach upon them; That sundry Popes of latter times have sought to bring them into some order, but have not been able to prevail. And lastly, that Aquaviva their General had at that present no less power and credit in Rome then the Pope himself. The saying is old and true, Quem quisque metuit periisse expetit; and the Pope cannot long endure a fellow Pope in Rome.  
But to return to our purpose. By that which hath been said, it may clearly appear, That the Bishop of every Diocese, what as Ordinary, what as a legal and perpetual delegate of the Pope, had full power in all cases of Appropriation, to compel the Abbot of what sort, order, or privilege soever, to make a convenient allowance out of the Tithes and other profits of every Benefice, for the sufficient and decent maintenance of the Curate so that had these Laws been as carefully put in ure, as they were in writing, the Avarice of the Monks had been restrained, and the Curate's better provided for But, Quid leges, sine moribus? The miserable event and calamity of all Churches showeth, that the gate being once set open to their avarice, it was too late to shut the wicket: yet the Popes of succeeding times were not altogether negligent in seconding this ordinance of their predecessors. For Petrus Rebuffus saith, That in those Appropriations which pass immediately from the See of Rome, this clause or the like is always added in the end. Reseruata tamen 
De congrua portio. nu. 103.  de fructibus, & proventibus huiusmodi pro uno vel duobus Vicarijs perpetuis Canonicè instituendis congruâ portione, ex qua ijdem vicarij possint de caetero sustentari, iura Episcopalia soluere, & alia incumbentia onera commodè supportare, non obstantibus exemptionibus, privilegijs, aut alijs quibuscunque.  
And again. Reservants tamen de ipsis 
In ●rax. Beneficiaria 〈◊〉 de Rescript. 〈◊〉.  fructibus & proventibus Beneficiorum ipsorum, si Ecclesiae parochiales fuerint, pro singulis perpetuis vicarijs in singulis eisdem parochialibus Ecclesiis instituendis, portiones ex quibus dicti vicarij congruè sustentari valeant, & alia sibi incumbentia onera supportare.  
Also in all Confirmations granted from that See, of Appropriations made by inferior Bishops, the same clause or the like in effect was ever used, so saith Speculator. In confirmatione de Ecclesiis in proprios usus retinendis ponitur haec clausula. 
Speculator ●tit. de confirma.  Ita tamen, quod perpetuo vicario qui pro tempore seruiet in eadem, ad sustentationem suam, & subeunda episcopalia & Ecclesiae onera congrua portio de ipsius proventibus relinquatur.  
By which clauses of Reservation, it is manifest, That the Pope's meaning was to have the Vicar first provided for, and to give the surplusage only to the Monks, as the same Rebuffus saith. And Panormitan also affirmeth, That 
Panormit. ad c. de Monachis, extra de Praebend.  those which have Churches granted unto them in proprios usus, cannot by virtue thereof challenge the whole fruits unto themselves, sed reditus tantum superfluos, detracta prius congruâ portione pro Vicario seu Rectore ibidem instituendo. So that if there be sufficiency for both, each may have a share: but if one must go without, in all reason, the daily waiter ought to be first provided for. And because there are many things ordained in the Canon law which yet are not received for Canons, nor obeyed as laws in all places, therefore will I show unto the world, that the practice of our Bishops of England and Ireland in former times agreed with this very prescript and Rule of the Canon Law. For I have seen the extract of a certain Impropriation bearing date Ann. 1387. made by the Bishop of Sarum of the Rectory of Erchford to the Abbess and Covent of Saint Maries in the City of Winchester, running in this manner. Saluâ portione pro Vicario dictae Ecclesiae hactenus assignata, & per nos propter eius exilitatem & insufficientiam, & alias causas legitimas moderatè augmentanda, praefatam Ecclesiam Parochialem de Erchford, etc.  
And in the end thereof. Haec autem omnia & singula statuimus, & finaliter definimus saluâ nobis & successoribus nostris liberâ facultate praemissa.  
Likewise I have seen another of the rectory of Shapwick in the County of Dorset made by the Bishop of Sarum to the King's Chapel in Winburne Minster of the same County, with this clause. Reservants tamen nobis & successoribus nostris liberam potestatem portiones dictae Vicariae quoties necessarium, vel opportunum esse videbitur diminuendi, & si oportuerit, augmentandi, supplendi, immutandi, etc.  
Also of the Rectory of Collshill in the County of Berks with this clause. Reseruata prius de dictis fructibus & proventibus ad arbitrium nostrum vel successorum nostrorum pro perpetuo Vicario ibidem Domino seruituro, congruâ portione, ex qua idem vicarius commodé valeat sustentari, iura Episcopalia soluere, & alia incumbentia onera supportare.  
And for Ireland, I have seen a Grant made by the Bishop of Kildare of the Rectory of Cloncurry and sundry other Churches of the same Diocese, to the Abbey of Saint Thomas near Dublin, by way of Appropriation, in the end whereof I find always this clause added, Saluâ sustentatione Vicariorum eisdem Ecclesiis deseruientium. And without this or the like clause of saving and reserving to the Vicar, have I not seen any union or appropriation made in either Kingdom.  
And to show yet further, that our Bishops have not only in words reserved to themselves this power, but also in deed executed the same upon occasion, and that without any former reservation, and only in pure right of Law, I shall desire credit in reporting what I have seen in an old liger book belonging 
Regastrum St. Thoma in i● bremingham's Tour Dublin.  to the Abbey of Saint Thomas near Dublin, and is to be found in bremingham's Tower in Dublin, wherein (among other Records) there is one fol. 50. which beareth this title. Ordinatio portionum Vicariorum in Midia. By the tenor whereof, and by that which followeth it appeareth; That upon controversy moved between the Bishop of Meath on the one party, and the Abbot and Convent of Saint Thomas of Dublin on the other, which held many Benefices in that Diocese, and made small allowance to the Curates, The Pope directed his commission to certain Delegates in Ireland, to hear and determine the case between them. The Bishop alleged among other things, That whereas they by law could not serve the cure of those Parishes themselves, yet they would not present their Vicars for institution, nor suffer him as Ordinary to tax the Vicarages. The Monks in their answer replied, That those Churches were passed to them pleno iure, without any such reservation of Taxing by the Bishop, and that they had so held them time out of mind, with the knowledge, and without impeachment of the Bishop, and thereupon pleaded a praescription in bar of the Bishop's jurisdiction. Notwithstanding all which, the Delegates ordered, that the institution of Vicars in those several Churches, and the tax of their allowance, should be left to the discretion and arbitrement of the Bishop: who thereupon (the Abbot submitting himself and his Covent to the order) proceeded in this manner. Ordinamus quod in Ecclesia de Rathtoth ordinetur vicarius, cui vicaria assignetur, ad aestimationem quindecim Marcarum. And so goeth forward, creating many other perpetual Vicars in several Parish Churches, and making them certain allowances by way of tax, which remain unto this day. Neither do I doubt but that upon diligent search made in such like liger books of other dissolved houses many more examples and precedents of like nature might be found. But by that which hath been said it may sufficiently appear, That this power of ordaining Vicars in these appropriated Benefices, and taxing the rates of their allowances, is so fast nailed to the Bishops See, and so inherent in his person, that no privilege, no exemption, no prescription, is able to dispossess him of it.  
And as this right of ordaining Vicars in appropriated Churches, and taxing their allowances out of the Fruits, is bodily settled in the Bishop, so the right of claiming and receiving the same is so deeply rooted in the person of the Vicar, that nothing but injustice and sacrilege can take it from him. For howsoever this falleth out otherwise in practice (such was the corruption of former times, such is of ours) yet in law, this is an infallible, and unmovable foundation, That notwithstanding all grants, duties, rights, privileges, or other devices whatsoever, yet the Church is still to be kept in statu quo prius. And therefore Clement the third giveth this as a reason of his Decree above mentioned. Nolentes autem 
D. C. sicut de supple. neglige. Prelatorum.  ut status Ecclesiae antiquus & debitus per insolentiam alicuius subvertatur Mandamus, etc. And Innocentius giveth this as a lesson. Episcopus nunquam debet consentire 
Innoce. ad D C. de monachis extra de praebend.  quod red●tus soliti Clericorum minorentur: & nisi ita provideatur, quod hospitalitatem seruare possint, & de iuribus Episcepalibus respondere. And therefore another 
Rebuff. de congruâ portio. nu. 104.  learned Author also saith; Non potest Episcopus, vel alius donare unius Ecclesiae temporalia Monasterio, vel alteri in destructionem & praeiudicium, primae Ecclesiae; nec unum altare d●scooperire, ut alterum cooperiat.  
And to make this clear by particular cases in the Law: Commendams (which, though not utterly and in all cases to be condemned, yet Rebuffus, seeing the great excess and abuse of them in the place where he lived, calleth Pernitiem & exitium totius Reipublicae 
Rebuff Prax. Benefic●tit. a Common.  Christianae, because they are never granted, but with some nuisance to the Church) were anciently wont to pass with this clause. Volumus autem quod propter 
Rebuff. ibid.  huiusmodi Commendam, divinus cultus et solitus Monachorum & ministrorum, numerus in dicto Monasterio nullatenus minuatur, sed illius & illorum congrué supportentur onera consueta; De refiduis vero Monasterij fructibus & reditibus & proventibus disponere & ordinare libere & licitè valeas, etc.  
The like to be understood, & much rather of the Vicar, in case a single Benefice were so granted. For in his case (as Panormitan reporteth) though no 
Panorm. ad d. ●. de monachis.  such clause were expressed in favour of him; yet the Law of a Commendam will give the Commendatarie no more, than the remainder of the fruits, after the Vicar's allowance made, and other necessary charges borne, and duties paid: whereof he maketh bold to put the Bishops and Cardinals in mind; and joining these Commendataries with Proprietaries, saith, that neither of them both Potest immutare statum Ecclesiae; unde debent facere deseruire, per Clericos seu numerum Clericorum consuetum, & hospitalitatem ibi more solito seruare. Again, the Bishop or other Visitor is so rooted in Law for the receiving of his procurations due for visitation, that no custom, no Grant of Predecessor, nor ought else, but a privilege from the Pope, which was a Transcendent above all right and reason, could take it from him; yet in case that by any occasion the profits of the Benefice come to be diminished, the Bishop must either in part or in whole forgo them, and take as the Church is able to spare them. Et pro modo facultatum Ecclesiae (as Ludovicus 
Ludovic. Rom●…. Consil. 369.  Romanus saith.) And Hostiensis affirmeth, that in this case the visitor must bear his own charges: Est enim (saith he) de ment & verbis iuris, quod Ecclesia ultra posse non gravetur (as Panormitan allegeth him.) And albeit they both spoke in case, where more Visitors fall upon the Diocese in the same year; and all look for Procurations: yet Petrus Anchoranus saith, that it is the same, Si vel unus procurandus fuerit: Ideò enim (saith the same Author) bona dignitatis suae Episcopo sunt attributa.  
Moreover a Patron which foundeth and endoweth a Church may reserve unto himself a yearly Pension 
C. ●. extra de ●ensibus.  to be paid out of the same Endowment: Notwithstanding, if by any accident the other revenues of the 
Rebuff de pa●●●. ●●ssess. nu. ●28.  Church fall out to be so short that they cannot conveniently and competently maintain the Incumbent, the Patron must in this case forbear his right, not as if it were now taken from him, but as if it had been tacita conditio, and so to be understood from the beginning. And therefore Panormitan saith, That that power of reserving a pension upon the Endowment of a Benefice must be understood, Quando fructus sunt abundantes, & sufficientes Clerico.  
The like is to be said, If a Bishop should reserve a pension out of a fat 
Vid. Rebuff. Tracta de pacif. possesso nu. 134. & nu. 141:  & wealthy Benefice to the use of a Student or other Clerk. (a custom much used heretofore in England, but taken away afterwards by Act of Parliament) For if either by error at the first the pension was so great, or afterwards the remainder grew to be so little, that the Incumbent was not able to maintain himself of that which did remain, the 
Ludovic. Ro●●● consil. 369.  pension was either to be abated, or taken clean away, to the end the Incumbent might be still provided for.  
And lastly, to instance in a case or two concerning these very Monks of whom we speak, The Pope was wont heretofore to grant large Privileges to Monks and Monasteries concerning nonpaiment of Tithes: so long as they benefited themselves, without enormous hurt unto the Churches, it was tolerated: But if they either begged, or bought the whole or greatest part of the Parish, and so their privilege De non decimando, grew over hurtful to the Parson, the Monks were forced to grow of themselves to a new composition with the Incumbent, and to disclaim the rigour of their Privilege, Revocatur enim privilegium, fi ex 
Extra de privileg.  post facto incipit enormiter esse nociwm, saith the Law.  
Neither were the Pope's less prodigal in granting them privileges, De percipiendis Decimis, whereby they were authorised to receive the Tithes of Parishes unto themselves without any appropriation or union of the Churches: yet in this case also Alexander the fourth published a Decree of all such privileges in this manner. Vbi autem per huiusmodi 
C. Statuto. de decim●… in sexto  Concessiones decimarum, parochiales Ecclesias adeò gravari contingit, quod earum Rectores de ipsarum Reditibus congruè sustentari, & commode iura Episcopalia exhibere non possint; provideatur per Locorum Ordinarios, & ordinetur taliter, quod ijsdem Rectoribus tantum de illarum relinquatur proventibus, quod exinde competentem sustentationem habeant, & Episcopalia iur a soluere valeant, aliaque onera debitè supportare.  
If then the Law be so careful of the Curate and actual Incumbent, or daily Minister of the Church, as to revoke Privileges, to take away Pensions, to debar the Patron of his right and to lessen the profits of Commendataries, rather than he shall want; much more than may it be thought, that it will not suffer the Monk, who was never compared to better than a Drone, by virtue of an Appropriation, to eat up the sweet of the Bee, that is, the necessary maintenance of the labouring Priest and Minister of the Gospel. And if the reverend Bishops, which are de iure divino, suffer their own hands to be tied, in receiving their duties from the Curate, where it cannot well be spared, much more ought the Monk, who was never a man of Gods making, but a mere creature of the Pope, who also may unmake them all again at his pleasure, (as Felinus saith) be forced to make him a more liberal allowance out of that, which of right wholly belongeth to him, for his daily service in the Church. For in this and all other cases of this sort, where the profits of the Curate are impaired, and diverted another way, the Rule prescribed in the 9 Council of Toledo is to be observed, namely,  
Condil. Tolet 9 c. 5. 2. q 2 c. Bona Re● consultum.  haec temperamenti aequitas obseruetur, quod cui tribuit, competens subsidium conferat, cui to●…ic, gravia damna non infligat. Neither shall it be amiss, by the way, to let the world know what this Council in those days thought to be Competens subsidium. i. a competent relief unto the poor Monks, and what to be, grave damnum, unto the Churches. The words of the Council are these, Quisquis Episcoporum in parochiâ suâ Monasterium 
D. C. 5. Concil. tolet.  construere forte voluerit, & hoc ex rebus Ecclesiae, cui praefidet ditare decreverit, non amplius quam quinquage simam partem dare debebit, ut haec temperamenti, etc. ut supra.  
In those days a pension of the fiftieth part unto the Monks was thought a burden heavy enough to be laid upon the Churches, whereas now adays, and since those appropriations came up, scantly is the fifteenth part left for the Ministers of the Churches; so fare are we gone from the temper by them prescribed; which temper had it been observed heretofore in this Realm of Ireland, neither should there have been so many Abbeys here erected with the ruin of the Churches, nor should the Monks have spent that in luxury which should have served for the necessity of the Preacher. But every Church should have been provided, if not of a rich, yet of a convenient maintenance, and consequently, if not of an excellent, yet of a reasonably learned Minister.  
And to go forward with the course of the Ecclesiastical Law in this point, as it was in force at the time of the dissolution, and to show how careful the Popes and Prelates of those days were, to mend a fault which themselves had made, and to daub up that gaping and irreparable breach which they had made upon the Church, in appropriating her living and revenues to the Monks, by providing a perpetual competency for the Vicar, It is further to be noted, that if this allowance, were once made, and yet afterwards came to be impaired, and less then enough, it was still made good again unto him out of the Appropriation. As for example, If the Vicar's part consisted in a certain kind, as in hay; and the owner should afterwards convert the ground to tillage: If it were to arise out of certain men's lands, and they should afterwards plead and prove a privilege de non decimando: If by war or any other occasion it came to be extinct: For in all these cases, the Vicar is to sue to the Ordinary for a new allowance, and he is to make it out of the remainder of the fruits in the Abbats hand, so saith Felinus, Bonis deperditis 
De office Vicar.  Vicario assignatis, Index ei de aliis providere debet. And Rebuffus. Si portio fuit destructa & extincta bello, vel alio casu, 
De congr. port.  & adhuc fructus sufficientes remanent apud Rectorem vel Patronum, eo casu adhuc iterum perenda est congrua portio instar illius qui legitimam consumpsit, ut de filio prodigo est in Euang●lio.  
Whence it is also that Panormitan, Felinus, and other Canonists, deliver this for a ruled case in law, That if any shall implead the Vicar for any part of his portion, the Proprietary or Rector, may also come in for his interest, by way of assistance unto the Vicar, Ratione 
Felinus ad C. G. Vi●arius extra de fide Instrument.  praeiudicij quod sibi ex contrario eventu litis possit irrogari, cum perditis bonis Vicarii, oporteret provideri de aliis bonis Ecclesiae.  
And I shown before, that our Bishops in England and Ireland, were wont to reserve unto themselves a power of increasing or altering the Vicar's portion at their own discretion. Neither was it material whether this competency being provided for the Vicar, there were aught or nought remaining to the Proprietary or Monk: for if the whole tithes would serve but for the Vicar, the Monk was to go without: for from the beginning the tithes belonged to the Church, whose immediate Pastor the Vicar is; neither were they given but for the daily office in the Church, which office the Vicar doth: and if nothing be left unto the Proprietary, yet are his wages answerable to his pains. And as one saith, Vicarius agit de damno vitando, Monasterium verò de lucro captando; ideò praefertur Ecclesia vicarij, monasterio. And reason good; for the Vicaris the labouring ox which treadeth out the corn, whose mouth must not be muzzled, as saith the law of God.  
And for the further clearing of this whole point, it is to be observed, that whatsoever hath hitherto been spoken concerning the Vicar, it is to be understood not of a Temporary, but of a perpetual Vicar, which is a person founded in law, without a new Act of Parliament: and is in the Canon Law, and by the Canonists called Parochialis Presbyter, Parochialis Ecclesiae Sacerdos, Rector Ecclesiae, Perpetuus Ecclesiae Presbyter, vel vicarius, not to be appointed by the Abbot, and licenced by the Bishop to say service; but to be presented by the Patron, what ever he be, and to receive Canonical Institution at the hands of the Ordinary of the place. And as the Bishop is not only authorised, but also commanded, and sub obtestatione divini judicij by the Law required, not to admit of a Presentee, unless the Presenter shall first assign and lay forth a legal portion of the profits for his maintenance, and may ex officio proceed so often as the cause shall so require. So also hath the Vicar his action to implead the Parson, if either it was not assigned from the beginning, or if it fall out afterwards to be insufficient, and the Patron refuse to supply, and to make it good again unto him. And therefore Hostienfis, the question being put, Quod ius habeat Vicarius in Ecclesia? among 
Hostien. in summa. de ●ffic. Vicar.  many others, putteth this for one. Item habet ius petendi congruam portionem de reditibus Ecclesiae, cui seruit si minus idoneam habeat. The Action which he is to bring is called, Actio secundum Canonem; and answereth to that which we call an Action upon the Statute; and is then brought, when a man is privately interessed in the breach of a Canon, and yet hath no special Action given him thereby. And this Action lieth, Whether the Patron or other Receiver of the Tithes, be exempt or not exempt, Religious or Secular, Monk or Canon, Clerk or Laike: For in this case there is no exception: but whosoever receiveth the profits is liable to the Action. And therefore I will say as a learned Canonist hath said before me, Cum in hoc casu neminem Inueniam privilegiatum, illi dare privilegium non est mihi liberum. Et ideò omnes tenentur ad hanc Portionem qui decimas & Beneficij fructus recipiunt.  
And this Action is to be brought before the Bishop or Ordinary of the place, as one which standeth principally charged with this duty. Notwithstanding in France their high sedentary Courts of Parliament, though temporal, yet use to lend a helping hand unto the Vicar in this case, and are often sued unto. The reason is, because the Bishops stand as much in fear in those places of offending those mighty Societies, as ours do of Prohibition and Praemunire. And therefore johannes Andraeas saith merrily 
johan. Andraea●. ad c●fin extra, de Rebus Ecclesiae non a●●enand.  of them: That,  Cum sint cornuti non audent cornibus uti. 
Meaning, that they dare not use that power which the Law giveth them in this case: yet the Ecclesiastical judges use to repine at this usurpation of the Parliaments: And the Popes as well to supply the negligence of the Bishops, as to give the Parliament no occasion to trespass upon their jurisdiction, use to give in charge to those which are called Conseruatores Apostolici, in special to take knowledge of the Vicar's portion. To these their Vicars, if either their allowance be in itself too small, or overburdened with Pensions, and other payments, use to resort, and by them have they remedy against the Monks and others. And for poofe hereof Petrus Rebuffus saith, That himself hath been often called to counsel in the assignation of these portions for the Vicar: which could not be, unless the case were clear, and void of all doubt in law: for upon the least doubt or demurrer in law that could arise, the conservators hands were closed, and they forbidden to proceed, as men appointed for redress only of such apparent injuries as these were. Happy Vicars, where so many men of greatest place strive together, who shall be most forward to do them right.  
There is also with us some contention about them and their liuings, but it is not who shall do them good.  
But what do I stand, either to maintain the right, or to lament the wrong of our poor Vicars, or to declare the jurisdiction of the Ordinary in these cases by proofs and arguments taken out of the Canon law, seeing that nothing hath hitherto been said which hath not been long since acknowledged, approved, and confirmed by the Common Law of these Kingdoms? To let pass many others, and to instance in one for all. There is a Case reported Term. Michael. An. 2. H. 4. fol. 10. 
Termino Michael. in 2 H 4. fol 10. Cas. 44.  Cas. 44. which seemeth a Brief of all that hitherto hath been said, and is as followeth.  
The Abbey of Saltash in the County of Devon. was appropriated to the College of Wind or. And upon the Appropriation the Vicar that then was, endowed with certain Houses for his entertainment, to the value of twenty pounds per ann. by the Ordinary, and by all those which had interest therein. And moreover took an Oath, and was also bound in a great sum of money before the Collector of the Pope in England with the assent of the Ordinary, to be paid into the Chamber of the Pope, upon condition that he should hold himself content with the said Endowment, and should never will the contrary: neither should procure any thing, or do any thing against the said endowment, or to the disannulling thereof: nor should ever claim any more to belong to his Vicarage, but should hold himself to the payment of the said Endowment. And if he failed in the said Conditions, or in any one of them, that then he should incur the pain of the said sum to the Chamber of the Pope.  
Afterwards came the Dean of the said College into the King's Chancery, and declared this matter, and further averred, That the said Vicar had claimed another Endowment, contrary to the Endowment made by the Ordinary of the place, and contrary to his Oath. And that the Vicar upon suggestion made, That the Pleas of Covenant and Debts arising of Contracts within the Realm belonged to the King's Court, had purchased a Prohibition directed to the collector. And hereupon aswell the Collector as the Deane prayed a Consultation.  
Here we see, first, that not only the Reservation of a Vicarage upon an Appropriation, but also the Endowment thereof belongeth to the Ordinary of the place. Secondly, that the Vicar bringeth his action against the Dean, which was the proprietary of the Tithes, by virtue of the Impropriation. Thirdly, that he brought this Action for a second Taxation; as either pretending the first to have been too little from the beginning; or showing that it had been abated or diminished afterward; whether by chance of fire, or falling of Rents, or lack of Tenants, or by some other accident: And lastly, That this Action was brought before the Ordinary of the place: For whereupon was the Consultation prayed, but upon a Prohibition granted out of the King's Court? whereupon was the Prohibition granted but upon the Deans action, brought before the Collector of the Pope? And whereupon should the Vicar be sued upon breach of Oath and Bond before the Collector, but upon his claim of a new Taxation before him which made the old i before the Bishop.  
Neither can it be said that this is a Case, and not a judgement, and therefore proveth nothing. For the Case being so put, there was no exception taken; neither against the Vicar, that he had not, personam standi in iudicio, neither yet against the Bishop, that he had not jurisdiction in these cases, (for these exceptions had been peremptory if they had been true) neither yet that the Endowment once made, it ought not afterward to be increased in favour of the Vicar. Only the Dean granting all this, sued the poor Vicar before the Collector for breach of Oath, and forfeiture of his Bond: For this was ever the policy of that kind of men, to secure themselves both from the poor Vicar's lawful claim, & from the ordinary jurisdiction of the Bishop, by some collateral and indirect security. As for example, in a Case before mentioned between the Bishop of Meath and the Abbot of S. Thomas. The Abbot got the Bishop to be bound in a Bond of a thousand pounds, never after that to trouble the Monks with a new Taxation. And here we see the Vicar tied, not only in a Bond of a great sum, but also by a solemn Oath, never afterwards to claim a new Endowment: which needed not, had not the Laws of the Land agreed with the Laws of the Church in favour of the distressed Vicar. But the Devil, I think, was in those men, only to ruin the Church and Christian Religion by them.  
But to make these points yet more apparent according to the course of the Common Law. It may not be forgotten, That anciently in these Kingdoms, the Vicar's right was much challenged in the King's Courts for bringing Actions in his own name, especially against the Parson But the Parliament (as it seemeth) being informed of this mischief, and seeing the misery which the Vicars fell into hereby, provided for them by a Statute Anno 14. Edw. 3. cap. 17. wherein it is ordained, That Vicars 
An 14 Edw. 3. cap. 17.  may bring their Writs of juris utrum, or recover by any other Writ aswell as the Parson might. And this was it which not long after, namely Anno 40. of the same King, in a Case reported Term. Trinitat. Cas. 15. fol. 28. 
Term. Trinitat. case 15. fol. 28.  Fincheden said, That it was true, that in ancient times the opinion was, That the Vicar should not have action against the Parson: but, I find (saith he) that this is changed for the better: which (as Brook saith) Nemo dedixit: i. no man gainsaid. 
Abridgement. tit. Vicars.  And consequently it was then taken to be clear in Law. And as touching the jurisdiction of the Ordinary in providing for the Vicar's maintenance, Belknappe in debating the same Case useth these words: We have these lands assigned to the Vicar by the assent of the Ordinary: And you will grant that the Ordinary may increase or diminish his portion, having regard unto the charge which belongeth unto him: which Fincheden there granteth to be true, in case the Vicar's estate become weak and feeble: And we desire no more. And in this case, although the Parson or Proprietary be said to be interessed; yet is all the power and right of assigning the Endowment in the Bishop's hand. For (as Belknapp there saith) The Ordinary shall endow, and the Parson shall do nothing but consent, because the thing itself is merely spiritual. In which case, if the Parson will not consent, yet the Bishop goeth on without him. And if (perchance) he shall exceed in his tax, the Proprietary is left to his Appeal, ab excessiva taxatione, by the course of the Canon Law, as Rebuffus saith: But other remedy he hath none, no not at the Common Law, as Belknapp there affirmeth. And it is further to be remembered, that this power of assigning the Vicar's portion, even out of the lands and principal possessions of the Abbot, as Parson of the place, was ever held so proper to the Bishop, that he might do it sans Congé, sans licence du Roy: i. without the leave or licence of the King, as is there affirmed: And therefore shall not now need a new Act of Parliament for his warrant, but only the hand of justice, for his assistance in the execution of his right.  
It should seem, that about the times of Edw. the 3. Rich. the 2. and Hen. the 4. which was an age of horrible confusion, by reason of those bloody wars wherein the Crown of England was then entangled both at home and abroad; the greater fish of the Clergy went about to eat up the lesser. My reason is, because in those days there were so many solemn laws made to maintain the one in his right, and to repress the injury of the other. For ill customs commonly give occasion to make good laws. In the time of Edward the 3. (as hath been formerly said) there was a Statute made, to enable the Vicar to bring his Action against the Abbot, who detained the Glebe or other duties from him. In the time of Richard the 2. anno 15. a Statute was 
Stat. ●●n. 15. Richar. 2.  made, That in every Licence from thenceforth to be made out of Chancery of the Appropriations of any Parish Church it should expressly be contained and comprised, That the Diocesan of the place, upon the Appropriation of such Churches, should ordain, according to the valuation of such Churches, a convenient sum of money to be paid and distributed yearly out of the Fruits and profits of the same Churches, by those which have them in proper use, and by their successors, to the poor Parochians of the said Churches, in aid of their sustenance and living for ever. And also that the Vicar should be well and sufficiently endowed. cap. 6. Also by a Statute of 4. Hen. 4. 
4. Hen. 4.  It was ordained, that the Statute of 15. Rich. 2 should be kept, and put in execution. And that Appropriations made since that Statute, contrary thereunto, should be reform by a certain time, or else be void: And that from thenceforth in every Church so appropriated, a Secular person should be ordained a Vicar perpetual, canonically instituted, and inducted in the same, and convenably endowed by the discretion of the Ordinary, to do divine Service, and to inform the people, and to keep hospitality there, with other conditions and limitations there expressed.  
Here we see first, That although the Parliament was careful to have the Vicar provided for; yet it left the disposition of these things unto the Bishop of the Diocese. Secondly, in case the Bishop was defective in his first Assignation of the Vicar's portion, he was enjoined to reform it, and make it better by a time prefixed; otherwise his act of Appropriation to be void. That the measure of the Endowment was to be convenably, sufficiently, and well endowed. That there was no other Rule of this measure, but the discretion of the Bishop, for the uses mentioned in the Law. That this Vicar must be secular, perpetual, canonically instituted and inducted, all suitable to that which hath been formerly declared out of the Canon Law. The fruit of all which Statutes is, That throughout the Church of England a man shall scarce find an Impropriation without a Vicarage, or a Vicar without a reasonable good allowance. And lastly we find, That besides this reasonable and sufficient allowance due unto the Vicar, the Statute most wisely and charitably provideth that the Ordinary shall ordain a convenient proportion of money, to be distributed yearly among the poor of the Parish, meaning (as it seemeth) that every bird taking his own feather, and every man his due, the Abbot should be reduced to that small pension which was only due unto him at the beginning by the law of Impropriations.  
THus have I as plainly as I could, and as briefly as the matter would permit, showed, That out of every Benefice appropriate, there was ever a competent portion certain, or uncertain, by the Canon law due, and by the practice of all times and places, especially of England and Ireland, reserved to the Vicar, for his daily service in the Church. Also that the Bishop in his own Diocese, hath authority to require the Proprietary to make this allowance before he admit of his Presentee: or upon his refusal or delay, to present in his own right, as in other cases of Lapse and Devolution: and out of the whole profits to make a competent and sufficient allowance for the Vicar, and to compel the Proprietary to performance thereof by excommunication. And lastly that both the right of the Vicar, and the power of the Bishop in these cases have ever been warranted by the Laws and Statutes of the Kingdom. If then this was law heretofore, it is law still, unless it be either expressly revoked, or tacitly disannulled since the time of the dissolution. And this is the point which cometh next to be discussed.  
And truly for mine own part, I must confess, that I could never yet learn of any Statute made since the dissolution in either Kingdom, which either tacitly or expressly doth wholly abrogate, or in part derogate from the Canon laws, and the laudable Customs and ancient Statutes of these Kingdoms in this point. And pity were it, That the Laws of the Kingdom, having left unto the Church, especially to this of Ireland, this only board, whereby to save itself from the miserable wreck which it suffered by the overflowing Deluge and Inundation of Unions and Impropriations in time of Popery, the Parliament should be thought guilty of so great a sin, as to rob her of this poor means, to save herself withal. Rather it might be hoped, that being put in mind thereof, and if need should so require, they would more plainly expound their meaning, and in such sort, as might best stand with the glory of GOD, the good of the holy Church, the honour of so high a Court, and with the wisdom of every particular member thereof. But my purpose is not at this time, to persuade a Parliament to make a Law; but to prove unto the world, That the Law is of force already, and wanteth nothing but a fit and a willing hand to put it in execution. In pursuit of which point, I list not frame unto myself an adverse party: Rather I wish, that the justice of the cause may never find an enemy; Neither will I be curious in forging Arguments against mine own opinion, for that were but like tilting at a Saracens head. Only I will show, that all those Statutes which most properly concern this matter, make nothing against, but altogether for the Vicar's maintenance, in such sort as hath been before declared; wishing and hoping also, That some religious Professor of the Common Law, may hereafter upon these poor grounds of mine, go on, and maintain this cause of GOD and of his Church, with more strength of wit, and force of Arguments, than I am able to do, in a point which doth not so properly belong unto mine own profession.  
The Statutes therefore that principally 
●7. & 31. H. 8. 1. Edw. 6. in England. 28. & 32. H. 8. in Ireland.  concern this matter, are those of 27. and 31. Henry 8. and 1. Edward 6. in England, and those of 28. and 32. of Henry 8. here in Ireland to the same effect. All made for the dissolving, suppressing, surrendering, and taking into the King's hands the Monasteries, Freechappels, and other religious houses in both these Kingdoms. In these Statutes it is intended, that the King shall have and hold the said Monasteries with their Parsonages appropriate, and other lands, in as large and ample manner and form, as the late Abbot or Prior held them, at the time of the dissolution, suppression, or other giving up of the same: for so say the Statutes. His Majesty shall have and enjoy to him and his heirs for ever, all and singular such Monasteries and tithes; and in as large and ample manner, as the Abbats now have them, in the right of their Houses. And in another place of the same Statute it is said; That the Takers from the King, shall have and hold all such lands, etc. And shall have all such Suits, Actions, Entries, etc. in like manner, form, and condition, etc. And in another passage; That the King shall hold them in the same state and condition as now they be, etc. Which words of manner, form, state, and condition, are not to be restrained, as I conceive, to the present and actual possession of the Abbot, at the day of the dissolution: but to the universal right which he had in the name of his House. And therefore we find it sometimes added in those Statutes; Or of right aught to have had, held, or occupied the same, at the time of the dissolution. For whether the Abbot had any thing unjustly detained from him, the King succeeding in his right, had action to recover it; because the Abbot might, and of right aught to have recovered the same: Or whether the Abbot owed any thing to any man, or wrongfully detained from any man, the King or his Grantee, standing seized in his right, might be impleaded for it, because there was no more passed to the King, than the Abbot ought of right to have possessed. And therefore the law chargeth the King with the payment of all the due debts of the Abbats, or their Houses, by the Statute 27. Henry 8. in England not printed. Whereas therefore it is said, That the King shall hold those lands and Impropriations, in the same manner, form, and state, as the Prior did at the time of the dissolution; I take the meaning to be, that he shall enjoy them by virtue of that Act, with the same limitations, privileges, and burdens, as the Prior did. As for example. The Templars held their lands exempt from payment of tithes, not simply, but sub modo: scilicet, quamdiu propriis manibus excoluntur: wherefore sub eodem modo, and in the same form and state, the King doth, and aught, to hold those lands exempt from payment of tithes unto this day. And that this is so, and that those Acts of dissolution did not only look to the present actual estate of those lands, but had an eye to the whole right of the Abbats, and to all future possibilities, appeareth plainly by a Case of the 11. of the late Queen, reported by Dier. 
11. Elizabeth. Dier.  Where a Prior of a late dissolved house of St. john of jerusalem, had long before the dissolution, made a lease of the Manor of D. for term of years unto A. which A. being tenant, did pay tithes of the said Manor, to the Abbey of Rochester. Upon the dissolution, the King granted the reversion of the said Manor in fee, unto one Stathome and his heirs. Afterwards the lease expired, and Stathome taking the land into his own hands, refused to pay tithes, alleging, that the Manor was passed to him, To have and to hold the same in as ample manner as the Prior held it, etc. And further declared in Chancery; That the said Prior, so long as he held it in his own hands, was discharged from payment of tithes, by a privilege from Rome, as all the Cistertians, Hospitalers, and Templars were. And upon consideration of the Statute of 27. Henry 8. It was resolved by Catlin, Saunders, Southcote, and Dier; and upon their opinion it was accordingly decreed by the Lord Keeper that then was, That the said Stathome and his heirs, should hold the said Manor, discharged from payment of tithes, Tanque a ceo, quills ceo lesseront & misseront a ferme; i. until such time as they should let it out to farm: for sub hoc modo was the privilege granted to the Prior, and sub eodem modo was the land to be held by the King, and from him by Stathome and his heirs. By the same reason, if at the time of the dissolution, the Prior had held it in his own hands, and consequently it had come to the King, and from him to Stathome, discharged from tithes in the beginning; yet if afterwards he had let it out to a Farmer, his Farmer should not at this day be discharged, because the Prior's farmer was to pay it, notwithstanding the privilege. And Stathome was to hold it, In such and in like ample manner: True, but in no more ample manner then the Prior did. Now the Prior was to hold it discharged from payment of tithes, no longer than while he held it in his own hands, therefore also Stathome shall hold it in the same manner, and with the same limitation.  
This have I heard delivered by men of good sufficiency and skill in the Common Laws. And Dier seemeth to aver as much, when he saith; Tanque à ceo quils ceo lesseront & misseront à ferme. Implying thereby, That so soon as it should fall into a Farmer's hands, the privilege should be suspended, as being not Simple, but Modall, and restrained only to the person of the principal Lord or owner, not extended to his Farmer. And generally, look what privileges the Abbats had concerning those lands, the same are still pleadable by the Takers from the King: and what burdens soever the Abbats were chargeable with, with the same are their Successors at this day; for quoad hoc they still retain the nature of Abbey lands.  
From whence I conclude, That these words of manner, form, state and condition are not restrained to the present and actual possession wherein those lands were held at the time of the Suppression: but do comprehend the whole nature of their title, with all privileges & burdens whatsoever thereunto belonging, or in any wise appertaining. And therefore to draw now unto our purpose: Whereas upon every Impropriation a convenient maintenance was heretofore reserved for the Vicar, as hath been before declared, which maintenance was to be made good unto him from time to time, by the Abbot or other Proprietary, & that out of the very fruits and revenues of the Parsonage: It is manifest, That the Parsonage, in whose hands soever it be found, remaineth still chargeable with the same burden. For Res tranfit cum sua onere, and whosoever now holdeth it, is to hold it in the same and like manner, form, state, and condition, as the Prior did. But the Prior held those Appropriations with the charge of a competent maintenance to the Vicar, at the discretion of the Ordinary, therefore the Proprietary that now is, is chargeable with the same, and is to be impleaded for it, as the Prior was.  
But the Statute is yet more plain for the poor Vicar's profit: For be it that the Appropriation had been passed to the King, and from him to his Grantee, without mention of such manner, form, state, and condition, as is before recited: yet afterwards the Statute addeth a full and perfect clause of Saving and Reserving his right unto him in these words; Saving to all person and persons, Bodies politic and their Successors, all such right, claim, title, interest, possession, Rent-Charges, Annuities, Leases, Farms, offices, Fees, Liveries and Live, Portions, Pensions, Commons, Synodies, Proxies, and other profits, which any of them have, claim, aught, may, or might have had in or to the premises, or to any part or parcel thereof, in such like manner, form, and condition, to all intents, respects, and purposes, as if this Act had never been had, ne made, etc.  
These words Saluo jure (as one saith) 
Bartol. ad l. si debtor. ff. Quibus modis pigh. vel Hypols. sol.  verba sunt magnae efficaciae; and the reason is given by Bartolus, because Protestatio conseruat ius protestanti. And as they are words of great efficacy; so likewise are they of very large extent: For this word Ius, Ad personas, ad Res, ad actiones pertinet, saith the Emperor justinian. 
justit. lib. 4.  And therefore when all right is saved and reserved by the Act, it is manifest, That the Right of Action and Recovery is reserved as well as any other; For it were a vain thing for the law, to give a man Right to a thing, and not a Right of Action, to recover it. Well then, the Statute saith unto every person, Bodies politic and their Successors; All right and claim to any part or parcel of any lands, Parsonages appropriate, or other Hereditaments, Live, or profits coming to the King, by the dissolution of the Manasteries. A Vicar is a body politic, and had at the time of the Dissolution, Right, Claim, and Action to so much of the Appropriate Parsonage, as would make a congruous and competent portion for his maintenance, as hath been before declared. Therefore this right is reserved and saved to him and his successors still: And so saved to all intents and purposes, as if this Act had never been made. Had this Statute never been made, the Monasteries had never finally been dissolved, had they continued, this Action had been good against them: and therefore is still good against the Proprietary who now succeedeth in the Abbats place.  
Likewise the Bishop of the Diocese at the time of the Dissolution had a right of power and jurisdiction in himself whensoever the Abbot presented a Clerk unto him for institution, not to admit him, unless the Abbot would first allot, lay out, and assign a convenient portion for his maintenance. If the Abbot had not made such allowance within the time limited by the Bishop, the Bishop had a right in himself to collate the Vicarage upon the Presentee, and to make a fit allowance for him, at his discretion, out of the fruits and profits of the Appropriation, by sequestering them unto his uses. If the Abbot refused to obey, or presumed to violate his sequestration, the Bishop had power to compel him by Ecclesiastical Censure, and Excommunication, the end whereof was imprisonment by the Secular arms, without Bail or Mainprize, until the order be obeyed. If the Abbot presented not at all, the Ordinary had right of Collation, as in Case of Lapse and Devolution: and generally he had a right and power in himself, to tax the Benefices in favour of the Vicars, as hath been formerly proved both by the Laws, and also by the practice of those times.  
This right the Bishops had at the time of the Dissolution; therefore this right is safe unto him still; and safe to all intents and purposes, as if this Act had never been had ne made. Had this Act never been made, the Abbats had still continued, and upon them he might now exercise, as formerly he did, all that his power, right and jurisdiction: Therefore he may now proceed in like manner against the Proprietary which holdeth the same in his possession at this day, and in no other manner, form, state and condition than the Abbot did: For the words are plain, That what right soever he might claim if this Statute had not been made, the same he may claim still notwithstanding it is made.  
And it is to be observed, that the Statute useth as general words as the wit of man could possibly device, Saving to all persons, etc. to all Bodies politic, etc. All right, title, claim, interest, living, or other profits, etc. thereby to give satisfaction to every man that might fear any prejudice to himself from this Act. And therefore if the Bishop should say, My jurisdiction and my interest of Right in assigning a due portion unto the Vicar at my discretion, is impeached, because the Parsonage now goeth to the King, and from him to other Laymen. The Statute answereth that, No: For all his right and interest is saved to him as if this Statute had never been made. If the Vicar should say, That by the law heretofore he had Congruam Portionem by way of Proviso saved and due unto him: and that he could sue the Abbot before his Ordinary for so much of the Parsonage as would serve to maintain him in a more fit and decent fashion: But that now he hath no Action against the King or any otherman. The Statute answereth, That what title soever the Vicar, as a Body politic, had to any part or parcel of the Parsonage, the same is preserved and saved to him still, aswell against the King, as against his grantee, in as ample manner as it was heretofore belonging to him against the Abbot. That whereas he claimeth allowance out of the rectory, under the name of Portion, be it certain or uncertain: Let him but look the book, and he shall find, that the Parliament was careful to reserve all Portions in express terms, to any Body politic, or person which could claim them, in such manner and form as he might have claimed it if this Statute had never been made.  
For it is manifest, that the meaning of the Parliament was not to hurt, or hinder any man, but only to suppress the Monks, in that it was tender and careful to reserve to every man his right, by what name or title soever he could claim it, Rents-Charges, Annuities, Fees, Pensions, Portions; and to the Bishops or others claiming Episcopal jurisdiction, all Synodies, Proxies, and other profits: So that as the wit of man could not device more general terms to comprehend all men's rights; so the gravity of a Parliament could not descend to more particular words to express every man's right, which it laboured to preserve. And as for the point of jurisdiction, the Parliament was so fare from divesting the Bishops of any part thereof, That it submitted all exempt places of Monasteries, or other privileged houses to their jurisdiction. Much less was it their meaning, to deprive the Vicar of that small means which the Law afforded him, by quarrelling the Bishop upon this point of jurisdiction, rather than upon any other. Neither can I think, but that if any of tha● high Court, whereunto nothing useth to be called, nothing is admitted, but the flower of wit, nobility, and wisdom should now be raised from the dead, and asked whether their meaning was, when they had saved unto every other man his right, only to wrong the Bishop? or when they had preserved unto every other man his Claim to any part or parcel of those Abbey-lands and Parsonages, only to wring the Vicar, or to debar him, not of that liberal allowance, which the law of God giveth him, but of that small Remainder which the law of man hath left unto him for his maintenance, in regard of his daily service at the Altar? He would answer, it was not their meaning; That the words of the Statute can bear no such construction; That no Lawyer can wrest the Statute to any such sense, unless he first strain his own wit beyond sense and reason.  
Neither can it be said, That because there is not in those clauses of reservation any express mention made, either of the Bishop's jurisdiction in this point, or of the Vicar's portion in particular, therefore it ought not now to be allowed.  
For the Statute maketh no mention at all of reparation of Chancels: yet because the Abbats receiving the tithes, were out of them to keep the Chancels in reparation; therefore the King also taking them into his hands, chargeth himself and his Grantee with the same burden; for the leases of old times were wont to run in this manner; Reddendo & soluendo annuatim omnes & singulas Procurationes, etc. Ac etiam reparando Cancellos earundem Ecclesiarum. Although in leases of latter times this clause is (as I take it) commonly left out. Likewise the Statute maketh no mention at all of any Curates wages to be reserved: yet doth the King in all grants of Parsonages where there is no Vicar endowed, charge the Grantee with finding of a Curate. And the old leases were wont to run in this manner; Soluendo annuatim omnes procurationes, etc. & inveniendo Curatorem. But leases of later times, run somewhat more sparingly in this guise, yielding, paying, and bearing all Proxies, Synodals, and stipends of Curates. In both these Cases the King chargeth himself with this burden, although there be no reservation thereof mentioned expressly in the Statute. But because every man's right was reserved in the Statute, and the people of every Parish had a right to have Divine Service said unto them, in consideration of the tenth part of their yearly profits which they give in lief of that, and of none other thing, therefore the King chargeth himself with the finding of one that shall perform this duty to them. And because such a one must have a maintenance, therefore he chargeth himself or his Grantee with paying a stipend also. This he doth non ex gratia, sed ex debito: And because the Abbats, from whom he had those Parsonages, were before the dissolution charged with the same. Whence it followeth, that notwithstanding there be no express mention made in the Statute, of the jurisdiction of the Bishop in this point, and of the Vicar's portion in particular: yet are they understood to be reserved, because they are also comprised in the general, as all others are.  
Moreover, the Statutes of either kingdom which concern this matter, bear this colour in the face. That the Priors, Abbats, and other religious Governors, with the assent, and consent of their several Covents, and in writing under their Common Seal, gave up all their lands, houses, Parsonages appropriate, and Vicarages into the King's hands. Upon which Surrender of theirs, the King was enabled to have, enjoy, and possess the same in such manner and form, etc. Now it is manifest, that by virtue of their Surrender, nothing could come unto the king's hand, but that which was theirs: And it is as manifest, that the right of the Bishop, and the claim of the Vicar, were not in the Abbot or Prior; and therefore cannot be intended to pass unto the King by any Act of theirs. For Quod meum est sine facto meo à me tranferri non potest: that which is mine cannot pass from me, but by some Act of mine. Lastly, some men are of opinion, that this course cannot be taken for the benefit of the Vicar; and ●hat his right and action, if any he had before, is now extinct and lost, because the Impropriation coming to the King's hand, the nature of the thing itself is altered, and made a Lay Fee: But they may be pleased to be informed, that the nature of those things continueth still the same, and is not changed. For in the Statute of 1. Edw. 6. It is expressly said, That the King shall hold those lands of Chantries, Colleges, and free Chapels, in as large and ample manner and form as the Priest's hell them, etc. and in their natures and qualities: So then, though the King now holdeth them to a different end and use, yet he holdeth them in the same nature which they had before. And what I pray you can the nature of these and such like things, which consist in jure be, but the manner, form, state, and condition, wherein they are possessed? Now it hath been formerly declared, that they are still held in the same manner, form, state, and condition, wherein they were held before: therefore it followeth, that they continue still in the same nature; and consequently, that their Nature is not altered or changed. Moreover, it is a Rule in Philosophy, that Formadat nomen & esse, the form of every thing giveth it name and nature; nay, rather it is the very nature and essence of the thing itself; as for example. The reasonable and intellectual soul of a man is his form: And therefore the Philosophers say, That Anima est quisque: it is the soul that maketh every man to be what he is, in his proper nature, and is the man itself: whence it followeth, That because the Proprietaries hold the Benefices in the same form in which the Abbats held them, therefore they hold them in the same nature also; and consequently, their nature remaineth, and is not altered. And why should we think, that the nature of these things is altered rather than the name, seeing that the form which giveth both alike, continueth still the same? Look the statutes, and you shall ever find them called by the same names which they had before: Benefices, Rectories, Parsonages, Appropriations, Tithes, Church-duties, and the like. But by the name of Lay fees or Chattels, you shall never find them mentioned in the Statutes. And to show yet further, that in the opinion of that very Parliament, which made the Acts of Dissolution, as also in construction of Law, it was generally understood, That the nature of these Appropriations, and Tithes remained still the same, without change or alteration; It may please them to consider, That when the Monasteries were all dissolved, and laid waist, and the Impropriations sold away into laymen's hands: yet were the Tithes unto them, like Nuts cast unto little children, which could not crack them: Neither had those Lay men any means, or Action to recover them: And therefore by the Statute of 32. Hen. 8. Lay men were enabled to sue for Tithes in the Ecclesiastical Court. By which it plainly appeareth, that these Tithes retain still the nature of Ecclesiastical duties and goods properly belonging to the Church; else why should the Ordinary hold plea of them between Lay men more than of other Chattels? And if they had altered their nature, and of Tithes had been made Chattels or lay Fees, why should they not have been recovered by action of debt, or otherwise at the Common Law, without having recourse at all to the Court Christian? Therefore the nature and quality of these Appropriations and Tithes is not altered, by coming into lay men's hands, no more than a piece of Coin is changed, when it passeth from one hand to the other.  
From all which I conclude, That what right soever the Bishop had to his jurisdiction, the Parish to have a Minister, the Minister to have allowance before the Dissolution of these Monasteries, and making of the fore recited Statutes, the same they and every of them have at this day notwithstanding those Statutes; and the rather for them, because they help to save that Right, both of jurisdiction to the one, & of maintenance to the other, which otherwise might seem to have been lost in both.  
This than I take to be clear in Law, That wheresoever a Vicar is to be ordained, there also a competent maintenance is to be allowed. But then there remaineth yet a doubt, whether all Churches in general which heretofore belonged to the Monks, are necessarily to be served with perpetual Vicars, or may be supplied with stipendary Curates; a doubt of too great difficulty to be dissembled, and of too great consequence to be neglected in that Kingdom: because all Proprietaries there, desire to gain this point upon the Bishops, and some pretend more colourable reason for it, than others do.  
For the better clearing of this doubt, it is to be observed, That the Parsonages were heretofore either granted to the Monks, In proprios Vsus, from whence they have their name of Impropriations; or else they were united to their Tables, & are therefore called Mensalia in the Law. Concerning the nature and quality of the former. Innocentius 
Innocent. ad c. pastoralis: extra de privileg. nu. 1.  saith, that, Per haec verba (concedimus tibi Ecclesiam in proprios usus) intendit concedere, quod administrationem habeat Ecclesiae: Et quod retento bono statu Ecclesiae superfluos tantum reditus in proprios usus convertat: Debet enim Ecclesiam sibi concessam in primo statu retinere. And Panormitan in his Commentaries upon the Chapter De Monachis. Tit. de Praebendis, alleging the same words of Innocentius, addeth further, Habent etiam praesentationem 
Ad c. de M●nachis extra de Praebend.  Rectoris ex tali concessione. If then the Monks had by virtue of such Grant, only the presentation, it is manifest, that the Institution was still reserved to the Bishop. And that in this case the Vicar ought to be perpetual, and to receive Canonical Institution from the Ordinary, appeareth by all those Canons which I have formerly alleged for proof of the Vicar's portion. So doth it also, and more plainly, by a certain Decretal of Boniface the 8. where he saith, Presbyteri qui per Monachos in earum Ecclesiis praesentantur 
Tit. de capel. monachorum: in s●●●o.  Episcopis, & instituuntur ab ipsis, cum debeant esse perpetui, consuetudine vel Statuto quovis in contrarium non obstante, &c And the Pope was wont in his Grants of Appropriation, always to add a clause of reservation of maintenance, Vicarijs Canonicè instituendis. By which it is evident, That all Appropriations made Quoad temporalia, or in proprios usus, aught to have a Perpetual Vicar, which is to receive his Canonical Institution in form of Law, from the Ordinary. Of this sort are almost all the Appropriations of this Kingdom which have lighted into my hand: and thus they pass. Salua sustentatione Vicariorum: saluo iure Episcopi: in usus suos proprios convertant. And many times, as namely in an Appropriation which I have seen of the Rectory of Ballrouthery, made by the Archbishop of Dublin to the Prior and Covent of Kilbixi, together with the erection of the Vicarage and maintenance saved to the Vicar, this right of Institution is reserved by express terms to the Bishop, and the Presentation only left unto the Prior; so that this kind of Appropriation cannot warrant the Proprietaries to collate the Curateship as now they do, and send their Curate for a Licence to the Bishop. But they are to present, and the Bishop is of right to grant him Institution, as well for the title of the Benefice, as for the Cure of souls: And no marvel: For besides that our Saviour in the beginning taught us, That an hired shepherd was never profitable for the sheep; the Canons also of the old Church ordained in this manner, Praecipimus etiam, ne Conductitijs Presbyteris 
●1. q. 2. s. vlt.  Ecclesiae committantur: A precept worthy to be written in letters of gold over every Church door, as a Charm, to keep out the destroyer. But to let pass the usage, and customs of former ages in foreign countries, & to make it yet more plain, That even within this kingdom of Ireland, the Bishops ever claimed, and ever had this right of Institution to all such Churches as the Monks held in proprios usus: and thereupon laid out reasonable allowances for the Vicar. I have seen an ancient Bull of Pope Alexander the third, whom I noted before to have been the first that opposed himself against the avarice of the Monks in this kind. To him certain Monks of this Kingdom of Ireland made their complaint against the Bishops for troubling them in this point: and craved a privilege against their authority for the time to come; which he granted: and concludeth his religious Grant in this manner. Nos itaque vestris supplicationibus inclinati, ut sicut hactenus, sic & in posterum 
Registr. Sancti T●●●ne ●n Breminghans' 〈◊〉 Dublin.  possitis in dictis Ecclesiis, per huiusmodi Canonicos & Capellanos vestros facere deseruiri, nec vobis invitis taxari valeant Vicariae, seu Vicarij perpetui institui in ijsaen, auctoritate Apostolica indulgemus, etc. Si quis autem contra attemptare praesumpserit, indignationem Omnipotentis Dei, & Beatorum Petri & Pauli Apostolorum eius se noverit incursurum, etc.  
By which it is plain and evident, That as the Proprietaries of these days do; so did their predecessors and Ancestors the Monks, first in stipendary Curates: and make them the least allowance that possibly they could: But when the Bishops challenged their right, and began to know themselves in their places, the Monks then fled, not to the sanctuary of the Law, because it was against them, neither stood they upon their custom, which (because not grounded upon reason) was not able to protect them: but having no other refuge, sought to the Pope for a privilege, in stead of a pardon, for such abuses committed already, and afterwards to be committed. A strange Case, That the Vicar of CHRIST here on earth, should grant so lewd a privilege. But this ever was, and still is, the practice and policy of that Sea, To make strict, and, many times, good laws, and then to grant large and lewd Dispensations; thereby to satiate (if it were possible) her insatiable avarice. But to return unto our purpose: Neither this, nor any other like privilege could, before the Dissolution, free the Monks, nor can at this time exempt the Proprietaries their successors from the jurisdiction and power of the Bishop in that behalf. For long after the days of Alexander the third, Clement the fift, seeing the desolation which grew daily upon the Church by reason of such abuses of the Monks, especially in that they served their Cures by their Chaplains and stipendiary Curates, made the Decree which I mentioned before, thereby enjoining the Monks to present their Clerks vn●o the Ordinary, from him to receive Canonical institution. All which he commandeth to be observed: Non obstantibus exemptionibus, aut alijs quibuslibet privilegijs, consuetudinibus vel Statutis. Quae circa praemissa vel eorum aliquod Religiosis ipsis in nullo volumus suffragari. This he decreed, not fearing the indignation of S. Peter and S. Paul, which by the curse of Alexander the third he was to incur: but persuading himself (as well he might) that God would never be offended with him for cancelling a privilege which tended so directly to the overthrow of his worship and service, and to the destruction of his Church here on earth: wherefore if any Proprietary would at this day plead the like privilege granted to Monks from whom he derives his Title, he must show it granted since the time of Clement the fift, and with a Non obstante to that Decree of his, otherwise the Clementine reacheth to them of after date, aswell as to the former: neither can they allege, that they have used so to do time out of mind, and beyond the memory of man; for so had those Monks, and yet wanted a privilege to protect them: and the Clementine runneth with a Non obstante of any custom or prescription: whence I conclude, That all Proprietaries which at this day hold Churches which were anciently given in proprios usus to the Monks, may not now, as they do, nominate their Curates, and send them to the Ordinary for a licence: but must as Patrons, present their Clerks unto him, and he (if they be worthy) must give them Canonical Institution, and make them perpetual Vicars or Rectors of the Church, with cure of souls: For such was the state of the Church before the Impropriation made, and such it must continue.  
But the greater doubt is of those Benefices which were given ad Mensam Monachorum. These Grants were made by way of Union, and pass under diverse forms: sometime by these words Concedimus pleno iure: sometimes utroque iure: sometimes pleno iure, tam in spiritualibus quam in temporalibus. The proper effect of all which Grants seemeth to be, That these Benefices need no perpetual Vicar, but may be served by a stipendary Curate. For first these are excepted from the general, where it is 
C cum & plantare: extra de privilegij. C. in Lateranensi. ●od.  said, In Ecclesiis vero suis, quae ad eos pleno iure non pertinent, instituendos Presbyteros Episcopis repraesentent. By which it is employed, that if they held them pleno iure, they could not be compelled to present. And in another place it is said, Praemissa vero intelligimus de beneficijs 
〈…〉 praelato●● s●xt●.  quae non sunt de mensa Praelatorum ipsorum, sed speciales Rectores habere consueverunt: by which it appeareth, that they had no certain Rector nor perpetual Vicar; but were served by a Chaplain. And the Clementine, in the Title De excessu Praelatorum, blameth the Bishops for troubling the Monks in this point, 
De exess●● praelato. in Clement.  as if upon the death of their Stipendiary Curates the Benefices had fallen void, Quanquam ipsae per hoc Ecclesiae in veritate non vacent, saith the Law. The ordinary Gloss upon this place is famous, and 
Gloss. ib.  all afterwriters refer themselves unto it: where the question being put, What were those Churches which might properly be said to be De mensâ Praelatorum? The answer is, Quod illae, quae sunt mensis eorum unitae, in tantum quod Rectorem, well vicarium perpetuum non habeant, alium quam illum cui facta est annexio. And the Doctors of the Audience in Rome, upon a case propounded, make this difference between an Appropriation and an union. Cum Ecclesia conceditur alicui Monasterio pleno iure in temporalibus, tunc Episcopi 
Rola in novis.  debent instituere Vicarium perpetuum: ubi vero vaitur mensae Episcopali, vel Abbatiali, & spectant ad illam pleno iure tam in spiritualibus, quam in temporalibus, tunc ponetur in ea Presbyter temporalis, ad nutum removibilis, ad exercitium Curae, quae principaliter residet in eo, cuius mensae est unita And Rebuffus following the same steps, and speaking of a grant of a Benefice, made by these words, pleno iure, vel utroque iure, addeth this exposition. Per hoc intelligitur quod tam its 
Rebuff. de congrua portio.  temporalibus, quam in spiritualibus iurisdictionem habent, & in ijs Ecclesis constituuntur, Vicarii temporales ad nutum revocabiles, quibus non providetur de congrua portione. And lastly Ranchinus, in his annotations upon Guido Papa. Decisione 
Ranchinus ad Guid. Papa. 154.  154. saith that, Illae Ecclesiae dicuntur de mensa quae sunt ita unitae, quod non habeant Vicarium perpetuum. From all which it may be gathered, That those Proprietaries, who now hold Parsonages, which were heretofore united to the Tables of the Monks; because they are to hold them in the same manner, form, and condition, as the Monks did, cannot now be forced to present their Clerks to the Ordinary for institution, no more than the Monks could heretofore; but are only to send him for a licence as now they do. Notwithstanding all which, I take the law to be otherwise, as the case now standeth: For the Monasteries might indeed heretofore, serve the Cure in Churches belonging to their Table, by a temporary Curate, if that Curate were a Monk, as commonly he was: or if there were no Parish belonging to the Church, but if the Church were Parochial, and the Curate secular, than he was to receive institution from the Bishop, as perpetual Vicar, and to have a competent allowance out of the fruits of the Benefice, as other Vicars had. And therefore Zabarella, having handled this point, giveth this caveate in the end. Sed nota & signa ment quod 
Zabarel. ad lit. d● s●pple●. negligee. Traeiat  hoc ita procedit si Abbas ibi collocat unum de suis Monachis, secus si saecularem; debent enim Beneficia esse perpetua; & hoc non reperitur esse permissum in saecularibus. Wherefore seeing that now all those Churches are parochial, and the Curates secular, it followeth, That the Proprietaries are now to present their Clerks, as their Ancestors the Abbats were bound to do in the like case: for, Res redijt in eum casum, unde incipere non potuit: There are at this time with us no Monks in being: therefore the Vicar must now of necessity be secular; and being secular he must be also presentative and perpetual; for so the law ordaineth. And it is farther to be observed, That those very Monks, could not serve the Cure in a Church remote from the Abbey. For the Lateran Council, forbade Monks to be appointed and placed, as Curates in Parish Churches about the Country: And Vrban the third ordained, that In Ecclesiis ubi Monachi habitant, populus per monachum non regatur. So that neither as Curate in Churches remote, neither yet as Rector, in the very Parish where they dwelled, could a Monk be employed: only in those Churches which were near adjoining to their Monasteries, where they might sing Mass in the morning, and return to their Dorter at night, they were permitted to serve; and these were commonly united to their Table, and none other. And this is the cause why Archidiaconus, a Father amongst the Canonists, saith, that Ecclesia, si vicina est, regitur per Priorem & capitulum: si vero remota est imponetur ei census, & ponetur in ea Presbyter perpetuus. For in process of time, the Monks finding that these unions to 
archdeacon. ad C. cum singulis de prebend. & dignit. in sexto  their Table, were more privileged in this point, than others, procured Benefices fare distant also, to be united to their Tables: And therefore the Popes of later times, in granting or confirming these unions, were wont to make the like reservation, as in other ordinary Appropriations, as Rebuffus testifieth. And again, in ordinary Appropriations, if the Benefices lay near unto the abbeys, the Bishop was wont to wink at it, and to suffer them to discharge the Cure by some one of their Monks, or other stipendiary Curates, as if they had been mensal. I mentioned before a certain contention, which fell between Richard Bishop of Meath and certain Monks; upon whose Appropriated Benefices, he placed perpetual Vicars of his own authority, and made them allowances at his own discretion: yet did he not use this right and power on all, but only upon twelve; yielding this reason of his act, Because those twelve were fare off from the Abbey, and lay near the high way, where it was necessary that some kept residence for the receiving of Pilgrims and strangers, that were to pass that way: The rest he forbore to tax, because they lay near unto some Grange of the Abbey: And therefore if any came thither for hospitality, they might aswell repair unto the Grange itself, there to be received: which cause of toleration (how good or bad soever it were) now ceaseth in our Proprietaries, because they will not make their houses Inns for travellers as the Abbats did: wherefore as they can pretend no better right than the Abbats had, so they may not in discretion challenge the like sufferance of the Bishop as they found.  
To conclude, the sum of all is this. In Benefices given to the use of the Monks, which are properly called Appropriations, or Impropriations, the Ordinary now is, and ever was without distinction to ordain a Perpetual Vicar with Cure of souls: And to compel the Proprietary to a competent and convenient allowance out of the fruits of the Benefice for his maintenance: And in those mensal Benefices, which were united to their Tables, the Ordinary is (as the state of things now standeth) to do the like: So that in all, and all manner of Benefices, as well mensal as other, heretofore belonging to those Abbeys or other Religious Houses, and which are now in the hands of the Proprietaries within this Kingdom, these mercenary and serving creatures, these stipendary Curates are by course of Law to be abolished; and in their rooms Perpetual Vicars or Rectors, with sufficiency of means to be ordained.  
Sufficiency of means I say; For it was long since observed, That beggarly Poets never made good Verses; for poverty is a heavy burden, and the fear thereof worketh as violently upon the wit and spirit of a man, as any terror doth, and is therefore reckoned by the Orator, inter gravissima vitae onera. 
Tully. de senectu.  And it is certain, that there is no one thing which doth more depress and keep down the mind and rising spirit of a man, from aspiring to any high invention or conceit of learning, then that doth:  
Nam si Virgilio puer & tolerabile deesset 
I●●enalis.  Hospitium, caderent omnes à crinib Hydrae: Surda nihil caneret graue buccina:— saith the Satirist. His meaning is, that Virgil himself could never have described the slaughter of Turnus, the combats of Aeneas, the fury of Amata, and other such like Arguments, with that high conceit and strain of wit, and with such loftiness of style as he hath done, had his mind been troubled and distracted with want of necessaries for food, raiment, house-rent, and attendance at home: Neither may we hope for better of a Preacher, if the like weight of want and poverty lie upon him: and therefore it is requisite, that a sufficient maintenance be provided for him, for so the law requireth.  
But then there remaineth a great and difficult question, What is sufficient for this Vicar's maintenance? For mine own part, I may not presume to prescribe what is enough or sufficient in this case, because the Law leaveth it to the discretion of the Bishop, who must inform himself of many particulars, and frame his censure according to the private motions of his own well disposed mind; nay, I may well say as a learned Canonist hath said already, De re ista non potest certa tradi doctrina. Only we must beware, that whilst we reckon all too little for ourselves, we think not every thing enough for the Minister of the Church. Zabarella upon this question saith, Quod sola sustentatio non sufficiet, potest namque esse talis, quod non periret fame, & tamen non esset congrua, sicut esse debet in victu & vestitu, & alijs congruentibus. And as another Writer sayeth, Vicarijs de hac portione congrue providebitur; nec cogentur vesci fabis, & alijs vilibus cibarijs sicut Rustici. First, therefore in this Assignation of his portion, there must be care taken, that he may have enough for his food and raiment in a decent & convenient manner. Secondly, respect is to be had unto his family. Non enim sufficiens dicitur Beneficium, nisi sufficiens fit habenti, & personis sibi necessarijs. But who are these? and how many shall he be allowed to keep? No man I think will allow him less than a servant or two to attend upon him. Non enim debet sibi coquere, saith one. But this is not all: for the law of God permitteth, and the Laws of this kingdom have made it free for Ministers to marry as well as others, considering well, That the estate itself is honourable in all men alike: and that they consisting of flesh and blood as others do, have likewise their desires upon them as others have.  
It is reason therefore, that since the law permitteth them to marry, the law should also provide them a maintenance, for the easier bearing of such a burden, else is their condition more miserable than any other: for work they may not, which heretofore they might; and to beg they are ashamed. Merchandise they cannot, which yet the Civil Law permitteth; and not to provide for their family, were a fault worse than Infidelity: and therefore unless means be allowed for the maintenance of those, as well as of themselves, it had been better for them if they had still remained as they were. Thirdly, regard must be had unto hospitality: for it hath ever been thought fit, that the Minister should be enabled to relieve the poor, to feed the hungry, & to receive a stranger as he travaileth on the way: a thing more considerable in this kingdom then in the other of England, for our want of Inns; and because the Country is of custom more harbourous to passengers, if need requireth. And lastly, to omit all consideration of his person, as Nobility, degree, desert, age, and such like, which are not forgotten in other Countries, when the poor Vicar's portion cometh in question, before the Ordinary or other judge, Considerabitur in ijs honestas, ut bonoretur in ijs officium Sacerdotale, saith a Canonist.  
But some man will say, that this question is long since answered, and the doubt determined by Act of Parliament here in Ireland. It is true, that in the 33. year of Henry the eight, there passed here an Act; wherein it was contained, That whereas diverse Parish Churches of the kingdom of Ireland were heretofore appropried to Monasteries and other religious houses, now dissolved, wherein Divine Service was done, maintained, and kept, and the Cure served by religious persons of the said religious houses, etc. Therefore there should be an able man appointed for that purpose in every Parish-Church. In consideration whereof, and to the intent aforesaid, it should be enacted, That Sir Anthony Saintleger, Lord Deputy of Ireland, I. A. Chancellor of the kingdom, W. B. Vicetreasurer, and S. A. Chief justice, with sundry others there named, or any six of them, the four officers above named to be of the Quorum, might and should erect and incorporate one Vicarage of one Vicar, in every of the said Parishes, as they should think convenient, which should have succession of the same for ever, to be presented by the Lord deputy, be instituted by the Ordinary, etc. And that the said Sir Anthony and the rest might and should assign and appoint unto every such Vicar, such convenient portions of Tithes altarages, and oblations of the possessions coming to the King by reason of the said dissolution, for the maintenance of Divine service, and keeping of Hospitality, etc. Provided always, that such Assignation did not exceed the yearly value of 13. pounds six shillings and eight pence: and reserving to the King the twentieth part out of every such Vicarage, and the first fruits, etc.  
This Act indeed was made, and remaineth of record in the Rolls of Ireland, but it never took effect. But be it that it were still of force, what proportion hath the sum limited, with the ends for which it is appointed? or what maintenance is ten pounds sterling at the utmost for a Minister, to live in fashion of a Minister withal? to find himself? to maintain his wife and children while he is alive, to provide for them after his death, to pay servants wages; and over and above all this, to keep hospitality, which the Statute intendeth and commandeth to be kept?  
It may be, that in those days it was enough: but what is it at this present time? Had this Statute taken his effect, yet had it been reason, that at this time the Vicars should have claimed a new taxation, seeing that the rates of all things are now raised to a higher price: Moreover, it is apparent, that although Henry the eight took away the Monasteries, and suppressed the usurped tyranny of the Pope in his Dominions: yet he reform not Religion, and therefore their oblations and alterages, mass moneys, and such like fees (which were no doubt the greatest part of the poor Vicar's maintenance, and yet was never reckoned in his portion) remained all his days: Seeing therefore that these are now grow●n into disusance, reason good that their allowance be made good again, and increased some other way. In the same Parliament, there was order taken for the hire of Slaters and other workmen by the day: and it is ordained that their wages should be increased from time to time, according to the prices of corn and other victuals: there is now no Carpenter or Slater here, which will take less than sixteen pence per diem, for himself, and twelve pence for his man, which amounteth to upwards of thirty pounds per ann. What reason therefore that the poor Minister, who ought to be honorabilis in populo, should be held to the old taxation of twenty Marks Irish by the year at the uttermost, which cometh not to eight pence per diem, for the maintenance of himself and all his family? But the poor Vicar's lot is not so good as to have the allowance the Statute speaketh of. Our horseboys wages are not great; would God our Vicars were no worse. Our horseboys have commonly forty shillings wages, besides meat, drink and lodging, and four pair of Broagues per ann. How lamentable then is that which hath of late been discovered, That throughout the whole Province of Connaught, and in sundry other Dioceses of this Kingdom, the Vicarages, for the most part, are under forty, and many of them not above fifteen shillings sterling, towards all charges, by the year? But to conclude this point: If any man think that twenty nobles or ten pounds sterling, according to this Statute, be at this day a sufficient and reasonable maintenance for a learned Minister of the Church, and Preacher of God's word, to maintain himself, his wife, children, and family, and to keep hospitality withal; and no reason will persuade him to the contrary, I for my part will not be contentious, nor use farther argument against him; only I wish him more experience; and that (saving my charity) he himself, his wife, children, and family, might live but one month according to that rate, and afterwards he be asked what he thought of the sufficiency of such allowance. Neither yet is this the nihil ultra, of our misery, for even unto this day, as if the ghosts of those Monks did still walk and haunt us, Ecclesiastical liuings of all sorts are continually taken from the Church, under colour of concelements, and as if in old time, they had belonged to their houses; In so much, that in one small Dioceses, namely of Elfin, twenty five Vicarages, five Rectories, and two Prebends, are found to have been reft from the Church by this occasion; all which did anciently stand charged in the King's books, with first fruits and twentieth part: An infallible argument, that since the dissolution, they have been in the proper use, and lawful possession of the Church; neither do other Diocese want their part in this calamity. And to add to our grief, his sacred Name is herein ever used; who of all men mortal would most abhor it. For he that of his Princely bounty, and Christian devotion, hath of his own, given wellnigh three hundred thousand acres of principal good land, to the reverend Bishops, dignitaries, and Parish Churches, of the North of that Kingdom, would not he much more restore the tithes to the poor Vicars of other parts, if it may appear that of right they belong unto them? doth King james rule his subjects by one law, and himself by another? or have we not yet proof enough of his well willing to the Church? This then is an evil, which cannot be healed, but by that mysterious and medicinable hand of the King himself: A hand, which often hath wrought, and daily doth work greater miracles, and cure more running sores then this, in the body of the Church and Common wealth; and will not leave this untouched, if ever it happen to be brought unto him.  
But to leave what we have not, and to return to what we have; I have often said, and endeavoured to prove, that the Bishop is the man authorised by law, to assign the Vicar's portion: wherein, I am not ignorant, that many men may happily draw my discretion into question, and condemn my judgement, in labouring thus earnestly to revive the memory of an old discontinued, and almost forgotten point of law; for what if all were granted to be law that hath been said? what profit is the Church like to reap thereby, seeing that the execution thereof belongeth only to the Bishops? weak men God wots, some will say, for the most part, in this Kingdom, to hold that they have, but altogether unable to recover what they had: Medice cura teipsum. Their Lordships should do well to recover their own rights first; and then we should have some hope that they would be able to prevail for the Vicars also.  
True indeed: the execution of this law belongeth peculiarly to the Bishops: but it is as true, that in this their long default, it doth now as properly belong to the King: For there is no doubt, but that before those Acts of Dissolution, the Pope as supreme Ordinary pretended, made all those Constitutions and Canons which before are mentioned for the erection of Vicarages, and maintenance of the Vicars; many of which were directed to sundry of our own Bishops in England: and they, by the toleration of the King, put them in execution from time to time, and were ever justified in their doings, by the Reverend judges of the land. If then the Sovereign power in these Cases, and both the making and execution of these laws did heretofore belong unto the Pope; then is it manifest, that the same at this day doth immediately belong unto the King, upon whom by way of Restitution, the Parliament hath seated all the power which the Pope then usurped, in laws not repugnant to the word of God, and Statutes of the Kingdom. Wherefore if the Bishop cannot, yet the King can do them right; I say not by the power of his prerogative; but by a due course and form of Law, which no man may repine at: and therefore, if the right may appear to be on their side, means of recovering that right cannot be wanting to them. But be it, that they could seek no higher than the Consistory of the Bishop; yet is not their case so desperate as some conceive the same to be: For I have showed before, that not only the high Court of Parliament, but also the reverend judges of former times, which many times thwarted with Bishops in other matters, yet ever assisted them in assigning, increasing and restoring the poor Vicar's portion; yea and pressed them oft times to this duty, when they were remiss and negligent of themselves: why then should not we hope the like from the Reverend judges of these days, whose piety, zeal and fervency in Religion, is by so much greater than was that of their predecessors, by how much the Religion itself which these profess is better, and more worthy of defence and maintenance than the others was.  
This then is the Main and capital point to be considered of, because as a canker it hath most spread itself over the whole body of this kingdom: yet is there one Case more, which because it is cousin-german to the other, and wherein the Reverend Bishops have right as well as in the other, ought not to be neglected. And it is the Case of those Parsonages which are annexed unto the Prebends, or dignities of Cathedral Churches: For these, long since learned this evil custom of the Monks, to procure the Benefices of other Parishes to be annexed unto them, for the better support and maintenance of their state; although ab initio non fuit ita. For it is to be noted, That after the time of Constantine the Great, every greater City had a Bishop resident therein, and every Bishop a company of learned men always conversant about him. These served for Colleges of Reverend Divines, to whom all controversies of Religion were referred, and by whom they were under the Bishop decided: These were called Presbyteri which importeth as much as The Elders or Senators of the Church, by whom the Church was ordered and advised. In which sense it is that Tertullian saith in his Apologeticon; Nobis praesident probati quique Seniores: honorem istum non pretio sed testimonio adepti. Now it is apparent by the Constitutions of the Christian Emrours, reported both in the old Code, and also in the authentics of justinian; That these were all maintained by Temporal revenues, which were in great abundance cast upon them, partly by the devotion of the people, partly by the munificence, and largesse of the Emperors; also there were Salaria de publico in diversis speciebus Sacro-sanctis Ecclesijs ministrata, though afterwards taken from them by julian the Apostata. Moreover, these had their several houses wherein they lived with their children and mothers and sisters if need required. Illas etiam non relinqui castitatis hortatur affectus, quae ante Sacerdotium maritorum legitimum meruere coniugium, saith the Law. And these lands the Clergy held free from Taxes and Impositions; and not only they, but also their children held their own patrimonial lands with like freedom in honour of their father's Priesthood. The which I do the rather allege, to let some men know how fare they are destitute of example of former times in their opinions, while they think it a matter unreasonable, That Cathedral Churches should have any Temporal lands belonging to them, talking of Clergymen as of some foreign Nation or Aliens, which ought not inherit within the land. As for their children they talk of them as of unlawful persons, and scantly worth the fostering, whereas yet the law of God maketh their marriages as lawful as ours: and in their children is oftentimes better blood to be found, then in those which speak against them. But to return unto our purpose. These Colleges of learned men in the chief Cities of the Empire, were (as I said before) maintained by Temporal revenues: But not long after when these means failed them, whether through the people's indevotion, or whether through their own ill husbandry (for clergymen's hands could never be tied nor kept from aliening the revenues of their Churches) then began they to cast abroad their eyes, and to reach out their hands upon the poor Ministers of the Country; who having their Tithes, were therewithal content; and in recompense thereof held up pure hands thrice a day unto their Maker, praying instantly for the prosperity of the people, while they were travailing abroad in their several vocations. This abuse grew so great and so hurtful to the Church, that the Council of Lateran thought fit to provide against it; forbidding any Canon of a Church to meddle with a Parsonage of the Country.  
Whereupon a certain Bishop wrote unto Honorius the third Pope of Rome, complaining, that the Canons of his Church, since the Laterane Council, were unable to live of the revenues of their Prebends (which were, no doubt, that which was left of their Temporal lands) being debarred by the decree of the Council for taking Parsonages as they did in former times. And thereupon the Pope wrote back in this manner: Si evidens necessitas, vel utilitas exigat, Prebendas Ecclefijs tuis pateris de Capellis in perpetuum annectendis ijsdem, sicut discretione praevia expedire videris, augmentare. Reseruatâ tamen congruâ Capellarum Presbyteris portione.  
Who could have done this? Who could have devised such a trick to elude the letter, and frustrate the meaning of a wholesome law, but he which is the Vicar of Christ, by a patent of his own making? The law forbiddeth a Prebend to take a Parsonage of the Country; because they being two Live, and each of them requiring the personal residence of the party, were incompatible in one and the self same man. The Pope teacheth them how to avoid this inconvenience, by making the Canonry and the Parsonage (though never so fare distant in place) to become one Benefice, by union: as if the personal residence, which the Law requireth upon each of them, were any ways procured, or the law fulfilled by this device: yet it is said by a certain Canonist, that this was Optimus modus, & Provisio augmentandi reditus Canonicorum: and I confess as much: But could there have been a more Cutthroat course devised for the destruction of the Parish Churches? It is fit there should be such Colleges in Cathedral Churches for the uses above mentioned. True, but let them have their proper maintenance, as they had in former times out of Temporal lands; not out of Tithes which properly belong to the particular Ministers of the Parish Churches. For as Panormitan very well saith, Institutio Beneficiorum fundamentum suscepit finaliter propter cultum divinum, Implicantem Divinorum ministerium deseruientium in divinis eo loco ubi instituuntur.  
Worthy therefore of everlasting memory, is the late Action of our Sovereign, who having liberally endowed many bishoprics, and the several dignities and Prebends of their Cathedral Churches, with a large and ample proportion of lands in the North of this kingdom, took from them all their Parsonages annexed or united, and made them presentative to the use of particular Incumbents in time to come, which shall thereby be enabled to reside continually in their several Parishes, for the instruction of the people.  
But we must now take things as they are. Parsonages therefore are united or annexed to the dignities of Cathedral Churches; yet with a Reservation of a convenient allowance for the Vicar, as is before declared. There was ever little difference between the Monks of Abbeys, and the Canons of Cathedral Churches: The difference that was, was this, quod Canonici regulae inseruiebant laxiori; and therefore they are oftentimes paralleled in the law, and what was ordained in the one, was commonly propter paritatem rationis extended to the other. They are like in other cases: they are twins in this: yet as the state of things now standeth, the case in hand is less doubtful in these Canons then in the Successors of the Monks; and the Bishop's power in this kind is (if not greater) yet more apparent over them, then over the other: Because there is no Act of Parliament pretended to defend them from his jurisdiction: no Surrender, no Title of the King, no imaginary alteration of their quality and nature: but they continue the same they were from the beginning. The law than requireth, that every such Dignitarie should have a perpetual Vicar instituted by the Bishop, to serve in the Church, united or annexed to his dignity. For so saith the Decretal of Innocent the third. In ipsâ Ecclesiâ parochiali idoneum & perpetuum hab●at vicarium canonicè institutum, qui congruentem habeat de proventibus ipsius Ecclesiae portionem.  
And hitherto the Case of these men is all one with the Case of the Monks: but there followeth a Clause which maketh the Case harder with them then with the Monks. Alioquin illa se sciat authoritate huius Decreti privatum, liberè alij conferenda.  
By occasion of which words the Canonists fall into a fell contention among themselves: Whether in default of presenting a Vicar for Institution, the prebendary be ipso iure deprived, and the Parsonage ipso facto made void: Or whether the Parsonage only be voidable, and he to be deprived by the sentence of his Superior. And the more common received opinion is, That it is ipso facto void: but one of the two is certain; and which soever it be, the case of the prebendary is harder than of the Monk: for out of the Monks Benefice, the Bishop can only take a sufficient maintenance for the Vicar, and must leave the rest to the Monk: but to the Canon or prebendary he leaveth nothing at all. If there be any thing left above the Vicar's maintenance, the Bishop bestoweth it in other uses; and that not only pro illa vice, but also so often as the Parsonage shall fall void, during the Prebendaries life, to the end he may never reap profit thereof, after neglect once committed in this kind. Again other Patrons have six months leisure to present: but if the prebendary or Canon shall not present so soon as with opportunity he may, the Ordinary taketh his advantage, and presenteth as in case of lapse. If afterwards the Canon shall come and allege an impediment, the proof shall also lie upon himself; wherein if he fail, he shall never be relieved. Poena enim eo ipso committitur quod facultatem habuit Vicarium instituendi, & non instituit: which yet is to be understood if the neglect be apparent and notorious: Otherwise it is fit he should be summoned, to show cause why not: and if he appear not, the Bishop may inform himself summarily, and so proceed. For it beseemeth not a reverend overseer of the Church, to do any thing but with good advice & deliberation; but above all things, he must take heed that he seem not to lie at catch for an advantage against his inferior fellow Minister. The reasons given of the rigour of the Law in this point are, First, because he deserveth no favour which may be discharged by another, and yet is negligent in that also. And secondly, because Divine worship is herein tendered; for Immunitas Clericis concessa propter divinum cultum, eo ipso definite, quod cultui divino non incendunt.  
But the question may be made: What if the Prebend should present a Vicar in due time, but yet shall not make him such allowance as the Law requireth? Whether in this case the Bishop may proceed to privation as in the former; or only proceed by Ecclesiastical censure, as in the case of the Monks? For mine own part, I would not at all be an Author, nor willingly a follower of rigorous opinions in the Law. But the words are these; Idoneum & perpetuum habeat Vicarium canonicè institutum, qui (ut praedictum est) congruentem habeat de proventibus Ecclesiae portionem: alioquin illa se sciat auctoritate huius Decreti privatum, which clause as Panormitan affirmeth, is referred ad omne id quod est supradictum, & therefore must of necessity touch that which stands next unto it.  
Peradventure some man may think, that a Vicar is not necessary upon a Benefice annexed to a dignity, if the Dignitarie himself will reside upon it. But we must remember, that from the beginning they were not ordained, but for the cause above mentioned: namely to reside always in the greater Cities, for the better instruction of the people, and daily assistance of the Bishops in the government of the Church, and therefore in law and reason ought to reside upon the Prebend in the City, and not upon the Benefice in the country. And this is the resolution of Panormitan upon this Question. My study is not at this time to put all the Cases, and to dispute all the Questions which are made and moved by the Expositors of the Canon Law anent this matter: only I would show, That the Bishop hath as great a right, and as absolute a power over the Cathedral Churches, as he hath over the successors of the Monks: and that therefore he may and must see, that their Churches be furnished with Perpetual Vicars, and the Vicars competently and sufficiently provided for by these as well as by the other.  
A point of law not to be neglected in this Kingdom of Ireland, where there are many Prebendaries which have no perpetual Vicars at all upon their annexed Benefices: and more, which make their Curates so small allowance, as the Monks, were they living, could not in conscience make them less. I can answer for some of them, that they cannot make them much better, & reserve any thing for themselves. But in this case the Law is clear. Quod primo subveniendum est seruitio Ecclesiae, secundò indulgendum necessitatibus Canonicorum. Tolerabilius enim est, saith Bowichius, ut Canonicus egeat qui habet Curam annexam, quàm Vicarius qui illam exercet. To conclude therefore: if the question be made, à quo haec congrua portio peti possit, we may answer as Petrus Rebuffus doth, i. Tam à Patrono exempto quam non exempto, Ecclesiastico, vel religioso, vel seculari, sive sint Monachi sive Canonici: & sic etiam à Capitulo: & generaliter ab ijs qui Ecclesiae proventus recipiunt.  
For all have rob, and all must make restitution. The Vicar or daily Minister of the Church must have sufficient allowance out of the Tithes of his own Parish, or else God our Father is dishonoured, and our mother the Church wronged. As for those allowances which are now made, as good none at all, as they.  
For the mischief which cometh of these small Vicarages and Curateships is still the same: namely the unlearnedness of the Ministry: for (as Panormitane well observeth) Ad tenuitatem Beneficiorum necessariò sequitur ignorantia Sacerdotum. This inconvenience was long since discoured: and thence it was that Alexander the third blaming the horrible covetise and abuse of the Monks, which allowed not above the sixteenth part of the revenues of the Benefice, for the maintenance of the Vicar, addeth this as the cursed fruit of so vile a stock, that thence it came to pass;  in illis Regionibus penè nullus inveniretur Sacerdos parochialis qui ullam vel modicam habere● peritiam literarum. And Clement the third upon the same occasion saith, That the exempt Monks, left so small a portion to the Vicars, that they were not able to live thereon, propter quod s●pe contingit, quod non inveniuntur personae idoneae, quae huiusmodi Ecclesias velint recipere; sicque frequenter minus idoneis conferuntur, ex quo pericula imminent animarum. The reason is plain, for Honos alit arts. We may flatter ourselves, and say, That men ought to take this Calling upon them, not for any worldly respect, but only for devotion unto God: But experience hath ever proved, that if there be no maintenance, there will be no Ministry. The saying of Demosthenes to the Athenians, is sure and true. Never look for a man (saith 
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  he) who to do you service will undo himself; for you shall never find any such. And therefore we may not hope that any man will set his son to school, and train him up in the study of Divinity, unless there be hope of wealth and honour in their age. Now from want of learning in the Minister, proceedeth a general decay of all Religion. Whence it was, that (as the learned Chief justice that late was, hath observed 
Le sieur Ed. Coke, en Euesque de winchesters case  out of the Ecclesiastical History) julian the Apostata having a purpose wholly to ruin the profession of Christianity, from which himself was by transgression fallen; used not the sword (as Dioclesian and others did) but took away the means of the Clergy; knowing well that if those once failed, the number of the Preachers would not long continue. And that Prophecy of his will no doubt one day befulfilled, where he saith, That le decaie des reuenues de saint Eglise, en le fine sera subversion del service de Dieu, & de son Religion. i. That the decay of the revenues of holy Church, will one day be the subversion of the service of God, & of his Religion. For Plowden in his Commentaries showeth, That the reverend judges of England, long since observed, that by the abuse of the Monks, in applying all to their own bellies, and leaving nothing to the Vicars, which yet (as he saith) were devised and ordained of purpose, to supply the defects of the Monks, and others in the ministry & service of the Church, there crept in many abuses: and he addeth, that, As the revenue of the Parish Church decayed, so likewise did Preaching. And this was the cause why the Emperor justinian was so careful, that the number of his Clergy should not exceed the proportion of means which was laid out for their entertainment. For the end he saw would be the beggary of the Ministry, whence could not choose but follow the ruin of that holy Order, and consequently, a final decay of true Religion. We need not pass the Seas to seek for proof of this assertion. What is so poor as our Clergy here in Ireland? I speak not of our Prelates, God increase it to them, and make it ten times more than now it is: But what is so deformed a sight as the face of our Ministry, which consisteth of Curates and Vicars, is? But withal, what can be more unlearned than they are? and what can be more irreligious, or less understanding of what belongeth to God and godliness than the people is? which could not be, if there were men among them to teach and to instruct them: For the people is as capable of instruction as any other: and where they come to be informed of the truth, are as zealous thereof, as any Nation in the world. This mischief is great, and the injury and injustice whence it proceedeth, is no less. For wherefore are Tithes given, but in consideration and recompense of preaching the word, and ministering the Sacraments to those which give them? Is it a great thing (saith Saint Paul) if when we sow spiritual things, we reap carnal things? Preaching therefore, and other divine service, is the thing in lieu whereof the Tithes are paid unto the Minister. And our Lawyers affirm, that Beneficium non debetur nisi propter officium. What justice therefore, that a man should part with a Tenth of all that God hath given him, in bargain to have the word of God truly preached to him, and yet be defrauded of that also? And the worse is, that the greater the Parish was, and the greater the charge which it was at, in this regard, the worse were they served, and the less respect was ever had unto them: for even as heretofore, the whiter the Cow, the sooner she came unto the Altar; so the fairer the Benefice, the more in danger was it ever of Appropriation. And as in the sack of a city, the fairest of every kind is soon made a spoil unto the soldier: so in that Invasion which the Regular Clergy made upon the Churches, the greatest and richest Benefices were the first made a prey unto the Monks: and the poor Parishioners, in stead of a man of learning and wisdom, by whom they might be taught & advised in things belonging to this life, and the life to come; were turned over to be served by them, which were scarce worthy to serve horses. This saddle was put upon the people's backs by persuading them that the Pope was CHRIST'S Vicar here on earth, and by virtue of that office, had power in himself to dispose of all things belonging to the Church. The jesuites go further, and teach, that he is Lord and master of all together. But the Sorbonists at Paris, aswell in their late action against them, as heretofore in the year 1429 in the case of john Sarrazin a Friar predicant; and at sundry other times have opposed themselves against this unbridled and unlimited power of the Popes. And the Churches of France by their example animate their Kings and Courts of Parliament to do the like; & to withstand their usurpation, which never tended but to the establishing of a Monarchy in that See, with the ruin of other Churches.  
The ends which the Pope's pretended in these Appropriations, were, Increase of Religion, and Hospitality: what good Religion hath reaped by them hath been already showed: and as for Hospitality, Plowden saith, That Impropriations were the decay thereof, especially in those places where it ought principally to have been kept, that is, in the Parishes themselves. Had we lived in those days, no doubt we would not have done as our Predecessors did: but hereby are we witnesses against ourselves, that we are the Successors of them which did such things: we have indeed divided the sin with them: they were the robbers, and we are the receivers: they took from the Church, and we enjoy it, And I wonder, that following their example, we do not fear their end.  
To conclude: If this course be legal, and may be taken for the better maintenance of the poor Clergy in this miserable kingdom, well and good. If not: God grant some other may; for if none be, farewell Religion: and what can then ensue but the abomination of desolation in the highest places of this kingdom? Which GOD forbidden.  
FINIS.   

LONDON Printed by JOHN BILL. ANNO DOM. M. DC. XX.