THE Nature and Kind's OF SIMONY DISCUSSED.  
Wherein it is Argued, Whether Letting an Ecclesiastical Jurisdiction to a Lay-Surrogate, under a Yearly Pension reserved out of the Profits, be reducible to that Head.  
And a Sentence in a Cause depending about it near Six Years in the Court of Arches, is Examined.  
By J. CAWLEY, D. D. Archdeacon of Lincoln.  
LONDON, Printed for R. Baldwin in the Old-Baily. 1689.   

THE PREFACE.  
THAT this Cause hath been carried on by the united Counsels and Interests of many of Doctor's Commons, needs no proof; the whole management of it declares it, and the Doctor, who is promoter of that Office, owns it; who hath been true to his Trust, and left nothing unattempted that might advantage his Prosecution, and depress his Adversary; and this for Six Years together, by all the Tricks and Quirks, and Hardships that ever were put upon any Man, since the First erection of Doctor's Commons, to this Day. And all to make a mere Mistake a great Crime, and by Art and Chicanry to advance it, both in its Nature and Punishment, ten fold higher than any Law of Christendom ever yet accounted it.  
To effect this, there were frequent Cabals, and standing Counsel for the Promoter to have recourse to, when his own Skill was deficient, as it hath often been in this Cause. Almost all the great Ministers, both in Church and State, have been courted, and gained, to countenance the Proceedings; those especially of the Popish Interest or Persuasion, who have advanced and cherished the Prosecution in several Instances; As by procuring Patents from the King, and Bishop of Lincoln, to the Promoter and his Assigns, by denying Prohibitions, often prayed in the Courts at Westminster, upon suggestion that the Cause was censured by virtue of Papal Canons, never devised, used, nor received in this Nation; by hindering a review, and by contriving to exclude the Constitutions in Lyndwood, which are the Ecclesiastical Laws of this Nation, from being admitted to rule in this Case, (although there are Three positive and express about this very Matter) because the Punishments they inflict were not sharp enough to answer the ends of the Promoter, and his Associates. Which was done, by some, to make a fair way for the Popish Religion, by admitting First all their Canons; and by others, to introduce an Arbitrary Power over the Fortunes and Reputations of all the Clergy. Some perhaps were led thereinto by mere mistake in the Canons, cited and alleged by the Promoter and his Counsel, which are such that they make all the Clergymen in the World in one Instance or other Simonical, 
In Actor 8. 21.  as Marlerate observes, Secundum hanc rationem, vix in toto Papatu, reperietur sacerdos, qui non sit Simoniacus. And he saith, Papistae crimen Simoniae ad otiosos suos proventus trahunt; according to the Papal Canons account of Simony, not one in all the Pope's Territories can be guiltless,— and they make it serve to bring in a revenue to their Sloth.  
At the Informations in this Cause, any Word that could be found in the whole Body of the Canon Law was urged, and improved against me, and allowed for as good Law as if it had been at Rome itself; all the Riff-raff and Trumpery of that Pedlar's-pack was exposed, as if Popery had been then fully Established and Triumphant; and every clause of the Romish Laws had been as much our Own, as is Magna Charta. And when I urged to be censured by Canons devised and made in England, the motion was rejected as impertinent, although it is well known such practice incurs a Praemunire; and it is an unaccountable thing, That any should receive a Canon made at Lateran and Tours, and reject our own Provincial Constitutions enacted in the Kingdom, and by all the Clergy of it. A thing, I dare say, never before attempted in this Realm; at least in so high a degree as in this Case.  
These Canons than that are said to have censured this Fact for Simony are all Foreign, 
Duck de usu & aut. jur. Jus Belgarum, etc. Edictum Phil. 2. Gerson. Epistolae Ecclesiasticae.  and a part of those which Luther caused to be publicly burnt at Wittenberg; and whereof whole Books are to this Day rejected in France and Germany, and all received no where but in the Pope's own Territories. Canon's whereof one saith, 
Fo●sterus de jure can. quatenus recipiend. in Praefat.  Fateor multa supposititia, spurca, fictitia, hiulca, falsa, ex jure civili, vel perperam intellecto▪ vel fraudulenter applicato, pro tyrannide sua stabiliendà, distorta, ludicra, ridicula, vesana, nec non, quod rei caput est, impia, blasphema, nefaria, tyrannica, corruptelis repleta, sacrilega, crimen majestatis contra eum, & perduellionis spirantia; Et quis trucis istius lernae singula capita, vel fando narrare, vel pro dignitate tractare possit? 
Popery its principles and pos. pag. 35.  The Bishop of Lincoln gives the Sense of all in his Treatise, 1679. The Canon Law that Sink of Forgeries, Impiety and Disloyalty! For I scarce know any Book wherein are more forged Writings, (under good Names sometimes) for bad Purposes, or more impious Doctrines and Positions owned and authorized for Law;— or any Book which hath more Seditious and Rebellious Principles of Disloyalty. An the Bishop of Down and Connor calls it, 
Dust. dub. l. 3. c. 4. reg. 16.  And intolerable heap; Such burdens on men's Consciences▪ which they can never reckon, never tell over, never know, never understand.— And it represents the Happiness of Christendom that they are not obliged to such Laws,— whereof the Cardinal of Cusa saith, Infinite Numbers were rejected when newly made; 
Alex. 3. Gr. 9 Bon. 8. Clem. 5. John 22.  and were all enacted by the worst Popes, Persons Bloody and Ambitious, Traitors to their Princes, and Butchers of Christendom.  
And yet even the severest of these Canons do not Decree this Fact to be Simony, nor place it under that Title, nor punish as Simony, or with more than Monition for the first time, or at most Suspension. So Alexander the Third commanded the Archbishop of Canterbury no otherwise to censure the Archdeacon's of Coventry, for some sorts of Simony, 
Extra de paenis c. licet.  being not against Divine but Humane Law only, but by admonishing them to desist.  
If therefore any shall wonder how this Fact came to be called Simony in the Arches, and then the Sentence to be confirmed by the Delegates, I shall give a short Answer. That it was never argued on my part in the Arches, because the nullities in the Proceedings were so gross on the Promoters part, that my Counsel advised me to rely on them in an Appeal, which I brought; which nullities I must have waved if I had joined issue; so the Promoter had a Sentence Secundum Petita, as he desired, and that was, That it was Simony in hâc Parte. And for the Delegates when it is known, that half of them were of the Commons, and so my Prosecutors, and the very Persons who put the Promoter upon the project; and that either the Promoter or his Agents had privily, and very subtly, insinuated to the Delegates, a most wicked, and most false and scandalous Report, that I bought my Archdeaconry; telling many particulars and circumstances of it, (every Tittle and Word whereof was a most horrible untruth, and without any shadow or colour, but maliciously and designedly suggested, and devised by themselves to prejudice my Cause) all which was done so clandestinely, that I never heard of it till Two Days before the Hearing. I leave all Men to judge what Impressions these things might make, even on good Men, and what effect they might have to make them mistake or bias them in their judgement; which whether pronounced according to the Ecclesiastical Laws or not, I now leave all that will to judge, after I have observed that they differed in their Opinions about it; and one so dissatisfied that he went away, and set down the Agreement between Dr. Howell and myself, upon which the whole is grounded. Viz.  

Feb. 5. 1675.  
MEmorandum, That the Day and Year above Written Dr. Cawley, Archdeacon of Lincoln, did Consent and Promise, to Make and Constitute Dr. Howell, (Chancellor of the Diocese of Lincoln) his General Surrogate, for the Officiality of the Archdeaconry of Lincoln. And the said Dr. Howell, doth promise to pay unto him 75 Pound per Annum out of the Deuce and Profits of that Officiality.   
Accordingly I Sealed a Patent (Durante Beneplacito) to avoid the inconveniencies of concurrency in the Jurisdiction, which he had with me as Commissary to the Bishop; which would be attended with many Grievances, and was complained of in the late Wars, by a Petition to the Parliament. Had I kept it in my own Hands I had made much more of the Fees; but what I did was not for Gain, but to quiet the Jurisdiction, and to prevent Quarrels, and Contests, which ensue upon double Citations, and other Process, and are inevitable when the Power is in two Hands. 
* Ubi principale quaefitum non est Pecunia non est Simonia, say● Navarre▪ etc.  And I only add Dr. Howell Executed the Office honestly and uncorruptly as ever Man did; and for his Learning he has Witnesses enough through the Nation; and both of us thought what we did was as justifiable as it was expedient; wherein though we might be deceived, yet I believe, I am not, when I think it not Simony, being countenanced by the following Authorities (besides Valentia, etc. not made use of at present) but one of which (Paulus Laymannus) was produced at the Hearing; and by the Reasons herein urged, many whereof were then but either cursorily mentioned or not insisted on for want of Time, or their cogency not duly weighed; the Case also being abstruse and unusual, it having never before, for aught appears, been heard in England.  
J. Cawley.   

The Case.  
An Archdeacon granted to the Chancellor of the Diocese, a Layman, a Surrogation of his Jurisdiction Durante Beneplacito, the Archdeacon reserving to himself a Pension out of the Profit.  
Qu. Whether it be Simony.  
IN the Roman Church almost every thing is made Criminal, not because they intent to punish it, but to gain by it: And the Spiritual Fisher draws all into his Nets; not to separate the Bad from the Good, but equally to make Merchandise of both.  
Hence it is, That that Church abounds so much in Canons Decrees, in Decretals and Extravagants, Bulls and other Constitutions; as if she would even prevent Vice by so many Sanctions, that lie, as it were, in ambush to intercept it.  
However, her Cunning is greater than her Care; and the frequent and continued Violations of those Canons is so generally Connived at, that it makes good what hath been long observed; Where there are most Laws, is the least Reformation.  
For in that place of Spiritual Traffic, no Man is Punished but he who cannot Pay. And 'tis good Law, Qui non habeat in crumenâ, luet in corpore: And Soto confesses it was so in his Time, 
De Jur. l 9 Art 2. in fine.  Nunc vero temporis super his omnibus facilè dispensatur, speaking of Simony and the Punishments of it: A Dispensation is seldom denied, if you will come up to the price; and so those Injunctions that else would be intolerable, are become easy.  
Upon which bottom it is accountable, why the Canons of that See make above an Hundred things Simony, that were never taken so to be, or so Decreed in the Church of England; nor is there Precept or Practice to bring them under that odious Denomination with us; our Church being too sincere to lay Snares for her Sons, designing by all she Enacts to reform, not rob Delinquents.  
So many are the Branches of that Corrupt Tree of Simony amongst the Romanists, 
Vide Redoanum per totum. de Simonia.  that were but half of them admitted to be so by us, I may safely affirm, That there is no Clergy Man of what Rank or Degree soever, let him be never so Conscientious and Wary, but hath tasted that forbidden Fruit, in one Instance or other. Forbid indeed, but not as the Fruit in Paradise was, by God, but by the Serpentine Craft of the Factors for Rome.  
Soto contends that his Church hath such a Power, 
De Jur. lib. 9 Tit. Simonia. pag. 759.  and he knew her pretensions as well as any, being of the Tridentine Conventicle; Ecclesia potest quempiam actum in vitio Simoniae constituere, non quod sit propriè Simonia, sed quia paenâ Simoniae vindicatur. And we find but few of that Persuasion, who durst speak what they knew in this Matter, though it would prove a great ease to many men's Consciences who have thought themselves Guilty of that Crime, and so became uneasy, perhaps all their lives, (though they were Innocent, both in Fact and Intention) deeming that Simony which was not so, and that they had infringed a Divine or Natural Law, when the Crime was only against a Papal Humane invention, made only to ensnare men's Consciences, and so get Money to release them; calling that Simony which was not so in its own Nature, but made so to enhance the Dispensation, or the Pardon.  
Of this Durandus, 
Durand. in Dist. 4. 25. qu. n. 5.  however, complains, and saith, That all that which the Church of Rome calls Simony, if it be not against Divine or Natural Law, is not Simony, but Disobedience; His Words are these, Si ergo sola est humana prohibitio, nè hoc aut illud vendas, inobedientia erit non parere, non autem Simonia. And amongst others gives this Reason, Simonia 〈◊〉 est Spiritualis v●●●itio; Ecclesia autem non potest rerum natural 〈◊〉 〈◊〉 faci●●● Spirituale quod 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ea non e●a● 
De Jure & Just. Tit. de Sim.  And Petrus de Arrag●nid professes he is of the same Judgement, though he dislikes Durandus his Arguments.  
What they are I shall not now examine, but observe that our Church is of the Opinion of that Great Schoolman and Canonist Durandus, Therefore few of those things are censured as Simonaical by our Laws, either Ecclesiastical or Temporal, or are they counted and reckoned as such, by any Writers upon that Subject since the Reformation, and our Delivery from the Foreign Jurisdiction and Tyranny, in Discipline as well as Doctrine, of that Church, that makes Traffic of her Censures, and Merchandise of men's Souls.  
This is enough to take away the odious Name and Imputation of Simony, from the Fact we Discourse of; viz. That it is no breach of a Divine or Natural Law, but of a Pontificial Constitution only, and malum prohibitum, not prohibitum quia malum, as the Gloss distinguishes, and so not truly and properly Simony, 
Extra. ne prael. vices. cap. Quoniam.  but called so 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉▪ and might have as well, or better have been called Dissimulation, as the Canon of Tours doth, or ambitus as the Romans did, or Corruption as the Stat. of Ed. VI forbidding the selling some Offices doth, or Heresy as the Canonists call it, or Covetousness as the Constitutions do, 
Navar. Tract. 2. Vol. cap. 23. de 7 Pecc. Capital.  or Pride as Navarre seems to do treating of it largely under that Head; any of those it is, as much as Simony, for which I have the Opinion of one of the best Canonists and Civilians in England, among many others, who will have it Crimen innominatum.  
Accordingly the Church of England esteems it, who is so tender a Mother, that though she is careful to correct Crimes, yet she is too merciful and just to extend them, and is very far herself, whatever some of her mistaken Sons have done, from giving a Name to any Crime that is more Execrable than its Nature. This were to make a Man an Offender by a Word only, which is as bad as for one, if not much worse, and is so contrary to the Rules and Equity of the Christian Religion, that it transgresseth the Common Rules and the Laws of Pagans and Infidels. It is indeed the true practice of the Primitive Barbarity against Christians, to clothe them with the Skins of Beasts, and then furiously set on them, a sort of Men as greedy and voracious amongst us, as those Tigers and Lions the Innocent were, under that disguise, exposed to amongst them: Only with this difference, that one sort raged against men's Lives, and these prey upon their Goods. Thus in Rome any thing is made Heresy, that their Estates may be Confiscate to the Papal Treasury, and will it not be as great Iniquity to do the same thing, though in another Instance, and so subject our Fortunes and Reputations to the Interest or Malice of Promoters, who hunt for the sake of the Skin, though they pretend it is (in their own Style) ne crimina maneant impunita? But I have some reason to hope, That these Papers may give some Light, if not Conviction, in a Cause never but once Argued or Censured in this Nation; and whereof the Voluminous Decisions of the Rota's throughout all Christendom are wholly silent: Which I shall do in this Method,  

1. Show that it is not Simony by the Pontificial Canons, to grant a Surrogation of the Archidiaconal Jurisdiction to the Chancellor of that Diocese, being a Layman (Durante Beneplacito) the Archdeacon reserving a Yearly Cens, or part out of the Profits to himself.  
2. That it is not Simony by the Ecclesiastical Constitutions, Injunctions, or Canons of the Church of England. Nor,  
3. By the Temporal Statutes or Laws of this Kingdom.   
'Tis now confessed by the Adversaries to this Case and their Council, That the Decrees of the Canon Law have nothing to do with the Matter, they Enacting only against buying outright Benefices, or buying Orders, and so buying a Jus Spirituale, which is Simony; and wherein they make the formality of that Crime to consist.  
The Sedes materiae therefore is in the Decretals, 
Lib. 5. Tit. 4. Vice's i.e. Jurisdictiones. Gloss.  Ne praelati vices suas, vel Ecclesias, sub annuo censu concedant. Where there are Two Canons, both made by Pope Alex. III. about this Matter, but especially the last. The First was in the Council of Lateran; Praeterea quoniam quidam in quibusdam partibus sub pretio statuuntur, qui Decani vocantur, & pro certâ pecuniae quantitate, Episcopalem Jurisdictionem excercent; praesenti decreto statuimus, ut qui de caetero hoc praesumpserit, officio suo privetur, & Episcopus conferendi hoc officium potestatem amittat. This Cannon, it seems, was not full enough, for it named none but the Bishops; and being Penal, could not regularly be extended to Archdeacon's; therefore, under the same Papacy, the Council of Tours decreed thus. Quoniam in quibusdam partibus Decani quidam vel Archipresbyteri, ad agendas vices Episcoporum seu Archidiaconorum, & terminandas causas Ecclesiasticas, sub annuo pretio statuuntur; quod ad Sacerdotum gravamen, & subversionem judiciorum, non est dubium redundare, id ulterius fieri prohibemus: Quod si quis de caetero fecerit, removeatur à clero, Episcopus autem, qui hac justinuerit, & Ecclesiasticam Jurisdictionem suâ patitur dissimulatione perverti, districtione Canonicâ percellatur.  
There is Simony, say the Canonists, and the Gloss on the Decrees, by a Divine and Natural Law; and another kind by the Pontificial Laws only, and had not been Simony unless those Laws had made it, or called it so; of which latter kind the Casuists and Canonists make selling Ecclesiastical Offices, with the Canonical Title by Institution, etc. 
* Vendere Officia non est contra jus divinum Soto de Jur. cap. De Sim. So Rodoan. de Sim. per totum.  And if selling Offices be not Malum in se, much less is letting it during Pleasure, the Archdeacon keeping the Jus Canonicum & Spirituale to himself.  
To make which good, I shall, in the first place, take notice of the Custom the Bishops have in many Dioceses to let out their Jurisdictions (among other things) to their Archdeacon's, under a Yearly Pension, according to the Ancient Usage of the Bishops of Lincoln, a Copy whereof, taken out of the Register, is here inserted. Praestent Archidiaoni praedicto Episcopo juramentum obedientiae & fidelitatis ratione exterioris Jurisdictionis, etc. In summis seq. sc.  
Archid. Lincoln. 100 Marc. Northant. 54 l. 0 s. 0 d. Bucks. 20. 0. 0. Leicester. 29. 6. 8. Bedford. 14. 0. 0. Huntingdon. 28. 0. 0. Stow. 20. 0. 0.  
Extract. è novo Registro Compilato 1440.  
Jurisdiction exterior then is an humane Institution, and the letting it out a breach only of a pontificial, or other Ecclesiastical Canon, not any Divine Law; And so the crime is become Ten fold, nay an Hundred fold less than else it had been. For 'tis now indeed only a Sin of disobedience, and not Simony, as Durandus hath resolved. And upon this account it is, That the Popes have given leave by their Bulls to the Bishops to let out their Jurisdictions for a yearly Rent, it being in its own nature but a Transgression of their own Laws, which they may dispense with at pleasure, which they neither could nor durst have done, 
De Jur. Tit. de Sim. l. 9  saith Soto, had it been a breach of a Divine Law, and so malum in se.  
It is not then real Simony, nor is called so, or so reputed by the Canon Law, as the Case is now Stated, being to a Layman. When the Decretals of Alex. III. before cited, forbid Letting and make it penal, They restrain it to Spiritual Persons, Clerks in Orders, Deans or Archpriests; Neither was it feasible then to let the Exercise of Jurisdictions Ecclesiastical to any other.  
To let to a Layman, is like Ploughing with an Ox and Ass together, nay they reckon it Sacrilege in them, and it is wholly impracticable, unless they had particular, and express Licence from the Pope, or some Privilege, or Indult from that See. 
De Sim. pars 2. c. 9 n. 4. Id. pars 1. c. 28. n. 8.  Nullum jus Spirituale cadit in Laicum, praeter patronatus & jus sepulturae, saith Redoanus. Et nulla consuetudo potest reddere laicos capaces Spiritualis Jurisdictionis, saith he again. Laymen can't be capable of Spiritual Jurisdiction, and no custom can make them so: And so Panormitan, though the custom be immemorial. 
In cap. Mess●n de elect. not. 3. Lup. 9 6. n. 2. Lyud.  So joan's ●up. in his Treatise of the Liberties of the Church. And so Lyndwood in an entire constitution throughout, and it is the common Opinion, insomuch that a Layman cannot prescribe for such Offices. 
Red. de Sim. pars 2. c. 36. n. 5.  And it is an Argument with the Canonists, That if an Ecclesiastical Office is not Spiritual, it cannot be Simony to Let it for that very Reason. Abbas upon this Title, Ne prael. vices, thus glosses, Quod Jurisdictio Episcopalis non potest pretio vendi, est enim quid Spirituale; 
Not. 1.  And again, it can't be sold, Maximè cum Jurisdictio● sit Spiritualis; And again, Ego hoc intelligo, quando Jurisdictio ista habit aliquid Spiritualitatis annexum, alias judicaretur ut esset temporalis, & non Spirutualis, licet talis Jurisdictio recipiatur ab Ecclesiasticà personà: And in these Cases he calls it, Turpe Lucrum, and not Simony, and so doth Pope Inn. IU. 
In Ne prael. vices.  the greatest Canonist of them all. And the Gloss speaks expressly the same thing, Si aliquid exigat, 
Extra Ne prael. vices c. Quoniam v. precio.  Simoniam committere videtur, Maximè cum Jurisdictio sit Spiritualis; So that if it be not Spiritual the Gloss grants it to be no Simony.  
If then this Office be such as hath been used to be exercised by Laymen, and not by Clerks, it cannot be Simony to Let it, according to the Laws and constitutions of this Kingdom, because there is nothing Spiritual that passes in the Patent, the Lessee being uncapable of a Spiritual Administration by the Canon Law, and consequently it cannot be an offence against those Canons, which are directed against Spiritual Persons only, as are the Deans and Archpriests mentioned in the Canon of Tours.  
And so tender is the Roman Church in this point, That they counted it throwing sacred things to Dogs, to let a Layman have an Ecclesiastical Jurisdiction: Neither are Laics permitted so much as to dispute about Religion, under pain of Excommunication, and being guilty of a Mortal Sin, 
Lib. 5. Tit. de haeret. Consil. 29. n. & v. 8.  saith Navarre; Nay, though never so Learned; No not in Spain saith he, where the Clergy are not very well qualified to hold Arguments about it themselves.  
According to this limitation the Interpreters proceed in their comments on the Canon Law, making it Simony to sell Offices exercised by Clergymen, 
Fel. in cap. consulere. de Sim. Tit. 3. n. 7.  as Felinus saith, who was Auditor of the Rota. And the Gloss is his Authority, 
Glos. q. 3. ad huc. v. qui claudi tostia.  Alij dicant quod tunc est Simonia emere aliquam Administrationem Ecclesiasticam, cum aliquid Spirituale habet annexum, vel talis est quae per clericum tantum consuevit exerceri, & ratione Officii; Quod magis credo. Where the Gloss rejects the Opinions of those who would make Simony extend to other Circumstances and Persons; and is a Key to open every Ward and difficulty in our Question, and gives the most genuine and rational distinction between buying Orders or Benefices, and buying some Ecclesiastical Offices. None but Clerks can purchase the two first, and they have Benefices Ratione Officii, quatenus Clerks, but a Layman who hath no Relation to Orders, and hath not so much as a capacity of any thing that is Spiritual, unless perhaps an Advouson, as Lyndwood saith the English have by special privilege, or of Jus sepulturae, may have and may exercise some Ecclesiastical Offices or Administrations, upon which ground 'tis most rational that if one be, yet the other should not be esteemed Simony.  
Several other Glosses also afford us the same restrictions of Simony, to convince that this is the true notion of it, when the Law speaks closely and distinctly. Sed alii non ita latè extendunt Simoniam, 
1 Qu. 3. Salvator. v. judicem.  inhaerentes consuetudini generali-Dicunt enim, Quod tunc tantum est Simonia in emptâ Administratione, si talis est quae habeat aliquid Spiritualitatis sibi annexum, alias non. If there were no other Gloss, but this alone, to clear the present doubt, this were enough, considering of how great Authority the Glosses are: 'Tis consuetudo generalis the common custom, saith Gratian, to restrain Simony in buying Offices to this point; If the Office can't be exercised without a Spiritual Power 'tis Simony, else not. Yet to clear it the Gloss adds in the same place, Treating of the very Office of an Archdeacon, 
Gloss. v. Subjecto vero.  amongst many other mentioned in that Canon called Salvator, Quidam autem intelligant hoc totum de clericis, in quibus dicitur Simoniacum hujusmodi Officia emere. 'Tis Simony for Clerks to buy these Ecclesiastical Offices; And of Clerks only all that large and strict Canon against selling and buying them is to be understood. By which we have clearly gained this point without any possibility of reply or contradiction, That the Canon Law esteems it then only Simony to buy Ecclesiastical Jurisdictions, when they are sold not to Laymen but Men in Orders.  
Redoanus, 
Redoan. pars 3 c. 23. n. 16.  who alone about Simony, is thought fit to be inserted in the Tractatus illustrium, (except two or three Leaves of Caraffa) thus concludes about the Offices in the Canon Salvator, by Authority of the Gloss upon that Canon. Having discussed some wild and extravagant notions of Simony, in buying the Offices there mentioned, speaks more closely thus, Ray, inhaerens consuetudini, probabilius limitat, quando Administratio habet annexum aliquid Spiritualitatis-vel consuevit exerceri per Clericum solum-unde saith Redoanus Ulde. addit quòd Advocatus, Castaldus, (which are Ecclesiastical Offices) & judex potest esse Taicus & consequenter nihil habens Spiritualitatis. 
V. Simonia.  So S●●●●a Sylv▪ in the same Words and upon the same Authority. 
Zab. in consule●e de Sim.  And Cardinal Zabarel makes an Objection about the Office, which is Vicedominatus (not when 'tis taken for the Chancellor, as Panormitan doth, in Ne prael▪ vices.) That it is an Office merely Laycal, De quo non cadit Simonia, (though it be Ecclesiastical) and his solution shows his Opinion, Quod dicit textus de vicedomino, intellige cum habeat aliquid Spirituale annexum.  
Gratian proves, 
1 Qu. 3. Si quis.  That he who buys any thing that is Ecclesiastical, buys also together with it the right of Exercising it, and so Pope Paschasius hath decreed Neutrum invenditum relinquit: And it is Simony if he gets it by the privilege of his Orders, for than he is presumed to buy the very Orders also, since they and the Benefice are concomitant, and he becomes capable of one by virtue, only, of the other; Alio autem tempore, emere non est peccatum, saith the Gloss. So that these authorities make it evident, That the essence of Simony consists in this, that something is purchased by the privilege of Orders, or to exercise his Orders about: This than excludes those who buy such Offices as we treat of, since they are Laymen. 
4 Sent. Dist. 25.  He who takes Money, saith Aquinas, for the use of a Spiritual Power, intelligeretur vendere usum Spiritualis gratiae, and therefore it is reputed Simony. But where there is no Spiritual Power, and no Supernatural Grace made of in the Exercise and Administration of the Purchase, the Crime is of another Nature, and comes no nearer Simony than Advowtry.  
Panormitan is of the same mind, 
In cap. extirpandae. qui vero de prael. Red. c. 29. n. 19 pars. 1.  as Redounus Collects from him. Est Simonia, si potestas aut dignitas habeat in se administrationem, & exercitium Spiritualis Jurisdictionis, & Administrationis, quale est absolvere, confiteri sacerdoti & praelato, seu judicts, a sententia excommunicationis & sim. If there be a truly Spiritual Power conferred and used, than it is Simony, not else.  
Cardinal de Turrecremata on Salvator, 
Pars. 2. 1 q. 3. Salvator.  the Canon so often mentioned, saith, the common Opinion is, That if the Offices mentioned there have a Spirituality annexed, 'tis Simony to sell them, else not: And he adds so is the Custom, and so saith the Archidiaconus; 
In 1 q. hujus quaestionis.  and so the Cardinal saith, that Canon is to be understood according to Inn. 4. 
In Ne prael▪ vices.  who mentions several Ecclesiastical Offices which is not Simony to Purchase, because they are Temporal.  
And Victorian saith, 
Vict. Relat. c. de Sim. n. 16.  He doth find among the Ancients, as Altissiodorensis and Aquinas, that it is Simony to sell such Offices, and citys the Archdeacon of Bononia, affirming so also, If they have not the care of Souls annexed.  
By all these Authorities and Reasons it is evident, That if the Jurisdiction that is let out under a Yearly Payment, hath not concomitant to it a Power of Order or the Keys, which renders none capable of them but Clergymen, it is not Simony. To all I shall add the Judgement of Two or Three of the neoterics, that it may appear that as this hath been the old received Practice and Opinion of the Canon Lawyers, it is so still. The First shall be,  
Layman upon the same Canon Salvator (of which, 
Theol. Moralis l. 6. tr. 10. de Sim. c. 6. n. 63.  I again mind the Reader, an Archdeacon is one there named) thus speaks; Though the said Offices are purely Temporal, and their Acts and Objects Temporal, therefore neither Divine nor Natural Law makes it Simony to sell them; because they have a kind of remote habitude and reference to a Spiritual and Supernatural end, and are instituted by virtue of a Power given by Christ to his Church; therefore to keep a decorum in the Church, and to avoid Inconveniencies that would ensue if such Offices were sold, the Canons have forbid it tanquam Simonia, as Caietan, Victoria, Panormitan, and Suarez acknowledge, and he proceeds thus, Quamvis aliqui negant ejusmodi Officia, si spiritualem functionem non habent; & in laitum etiam cadere possint, materiam Simoniae esse. Videre est apud Innocentium c. I. Ne prael. & Sylo. v. Simonia q. 13. dicto 7. than he subjoins, Illud vero certum est, licet ipsa Officia, secundum probabiliorem & sacris cannonibus conformiorem sententiam vendi non possint, ipsas tamen Officiorum functiones, (the exact Case) utpote mere temporales, sine ullâ Simoniae suspicion, aestimari, & pro mercede, seu pretio propriè dicto, vendi, vel potius locari posse, sicuti notavit Suarez. Where is as clear a resolution as any Words can contain, that it is not Simony, nor any colour of Simony, to let out a Surrogation reserving part of the Profits, even though the Patentee were a Clergyman.  
Martin Bona●ina, 
Tract. de Sim. qu. 3.  Doctor of both Laws, and Count of the Empire, 
1 Qu. 3.  a great Canonist and Casuist, rekons-up the species of Simony, and saith, That the Decrees in the Canon Si quis, prohibiting selling Ecclesiastical Offices, intends only Spiritual: And proceeds to inquire whether selling the Functiones, i. e. a Surrogation or Deputation of an Ecclesiastical Judge, mentioned with many others, in the Canon Salvator, 
1 Qu. 3. Salvator.  be any sort of Simony, at lest malum prohibitum, and so Ecclesiastical Simony, but concludes negatively; Quia sunt opera mere corporalia, & pretio aestimabilia, nec jure Ecclesiastico vendi prohibentur, quanquam ipsa Officia vendi prohibeantur. And in Qu. 17. He inquires whether it be Simony, to give Money for Acts of exterior Jurisdiction, and denies it; because he who buys it Exercises no Spiritual Jurisdiction. Ut sic, sed quatenus continet Politicam, & Temporalem.  
Lessius saith, 
Inst. Moral. pars. 3. l. 12. c. 14. in fine.  Officia vero 〈◊〉 per laicos exert●●o solunt vendere simoniacum non est, quanquam turpe esse videatur tale lucrim, praeser●im si Officio coniuncta sit Jurisdictio; and he there speaks of the Offices in the Canon Salvator, so frequently here cited.  
Here is then the Case, A Jurisdiction granted to all Layman, who could not exercise the Spiritual part of it, if any such had been because not in Orders, and so there could be no Simony in the Lessor or Lessee, because the Jurisdiction was wholly Temporal, the Object Temporal, the Subject Temporal also.  
Wherein that I be more clear and instructive I shall consider, what kind of Power this is that is invested in a Layman by such a Patent.  
According to Bellarmine, Ecclesiastical Power is either of Order or Jurisdiction, That of Order is to persuade or incite the willing, by the word and Sacraments, instructions and persuasions and is Sacerdotal, the same which all Priests have.  
The other is a Power of Jurisdiction, which though Bellarmine and others divide into Internal and External, I see no ground for the Dichotomy, and can find nothing Internal but what belongs to Order only, which is jure divino; only some part of this Power of Jurisdiction is reserved to Bishops only, and the rest communicable others, by them or the Law.  
If any will be more critical, and find out some Acts of Internal Power besides that of Order, yet that used in Christian Courts and consistories, wherein Men are compelled to their Duties by Process and censures, 
Andrews, Bilson, Burhill, Tompson, Carlton, Sanderson, etc.  must be merely External, and is so acknowledged to be by most Writers, and fully evinced by our own Writers about the King's Supremacy against Bellarmine and Becanus etc. Of this sort is the Power delegated by an Archdeacon to a Layman, as Dr. Cousins recounts it. 
Tab. 2.  The Archdeacon's Office is to take care the Churches and their utensils be repaired, and to reform excesses in the Clergy, to acquaint the ordinary with what is amiss, and induct Clerks to Benefices; and for Jurisdiction it is according to usage. To keep Courts of Instance and Office, and grant Wills and Administrations. So he.  
In all which there is no Spiritual Act included; And nothing to be done that requires the use of the Keys, or flows from the Power of Order. But all these mentioned, the Church Wardens, or the promoters, or the Court Leet, or a Layman may exercise as well as the Clergy, if they are legally deputed to it, nay, a Woman as Gerson speaks, and the Abbesses and Prioresses do at this Day.  
As for Visitations, The Surrogate only sends to the Clergy to meet at such a place where presentments are taken, and excesses enquired after, which are merely Temporal Acts, though the Persons enquired of be some of them Spiritual. Therefore when Redoanus and any other Canonists make Visitations (in their large sense and acceptation or abuse rather of the word) Spiritual, it is because the Archdeacon is bound to Preach and give Spiritual Instructions to his Clergy▪ and others, as the pontificial forms for Visitations, of which there are very many extant, do enjoin, from which part a Layman is excluded.  
As for Excommunication and Absolution, it is well known that Laymen do not use them but leave them to the Clergy, and though they are decreed by one, they are pronounced and made valid by the other. And how great complaints there have been in this Nation of the contrary usage is well known, and that the Canons of 40, which show the sense of the Church though they were not Confirmed, utterly debar Laymen from any such Power. Neither can I hear that at this present any Layman throughout England taketh upon him to Excommunicate without one in Orders to assist him; And I am sure if he cannot bind, he cannot lose. For ejus est solvere cujus est ligare.  
Those censures indeed are Spiritual when used in foro interno, 
In margaritâ Bald. Loco Repert. Innoc. 4. Super Decretal. Excommunicare & suspendere est jurisdictionis, non autem est de curâ animarum. Ita notat Host. in c. dudum de elect. Lib. 5. c. 7. de Rom. pontiff. Pag. 41. 48. Pars 2. c. 4. De supr. pot. Laicâ. fol. 39 Lib. 2. c. 1. Cap. 2. p. 12.  binding and losing the Penitent, upon Confession and Repentance, and so are part of the Sacerdotal Power, persuasive not compulsive; But when exercised in foro contentioso they are granted by Bellarmine himself, to be Temporal and coactive, and it is amply proved by Bishop Carlton in his Book of Jurisdiction, and by Bishop Andrews in his Tortura Torti; Potestas Excommunicationis pertinet ad Jurisdictionem fori exterioris. Marsilius Patavinus in his Defensor Pacis who Writ 1324, is positively for it; Ab Officio principatus, sive contentiosae Jurisdictionis, regiminis, seu coactivi judicii cujuslibet in hoc saeculo, Christus seipsum, & Apostolos exclusit, & excludere voluit. Which Jacobus de Almain approves, reciting this passage of Marsilius.  
The Archbishop of Spalleto is express Potestatem Ecclesiae propriam totam esse merè Spiritualem. And saith, That St. Chrysostom, St. Ambrose, Bernard and Ferus, agree in this, Ab Ecclesiastico Rectore potestatem omnem imperatoriam, coactivam, executivam auferunt. Nor can it be otherwise, for if it were jure divino, it must rest in themselves, to whom it was imparted, and could not be delegated and invested on others, as Jurisdictions daily are.  
I shall trouble the Reader with but Two or Three Authorities more, and one is Franciscus de plateae, among the Tractatus illustrium, 
De inter dicto cap. 2. n. 5.  Nota tamen secundum Gul. quod cum paenae non sint extendendae, & ille qui Simoniacè suscipit aliquem ordinem sit suspensus quoad ea quae sunt ordinis non tamen est suspensus quoad ea quae sunt jurisdictionis; unde si alias habeat Jurisdictionem, & tune habet, & potest suspendere, Excommunicare, & ab Excommunicatione absolvere, & hujusmodi. Covaracias saith the same, and so doth Navarrus. The highest sort of Simony is buying Orders, and a Clerk is ipso facto suspended for it, yet however, though he be suspended from exercising or using his Orders, he shall, and may exercise Jurisdiction, if he hath any. And it is most certain, and the communis opinio, that no Simony soever shall hinder the convict from exercising his Jurisdiction, as visiting, censuring, reforming, correcting canonically, or keeping Courts, because the Jurisdiction is not by virtue of his Orders, nor is it used by virtue of them, being not a Divine but Humane Institution, therefore executing the power of Jurisdiction shall never make him irregular, as Navarre and Covaracias and Infinite besides of the Canonists Observe. Which demonstrates that their Opinion is, that Jurisdiction is not Spiritual, and from any supernatural Power; And so transaction about it cannot be Simoniacal. This is the plain consequence and deduction from that passage of Platea, etc. Which yet they seldom own in express terms.  
For this is the Palladium of the Romish Church, to make all they can Spiritual, 
In suo p. 461.  at least call it so. Of this Grotius complained in his Oration at Amsterdam, Restituta est imperii Romani dignitas sub alio titulo, nempe Hierarchiae & potestatis Spiritualis. She contends to make every Cause Spiritual, that so she may retain it, and upon that pretence stamps a Nolimetangere upon all Matters that have any relation objective, or Subjective to Religion. This is her Diana, and by this Fraud she gets her Livelihood, and hath enlarged her Phylacteries, and made it Sacrilege for Temporal Princes to encroach upon her; for all she toucheth is Holy, and is not to be devoured by Dogs. By this she hath erected a Monarchy, and in the midst of Christian Kingdoms maintains a Power, greater than she leaves to the Princes themselves; and all by confounding the Ecclesiastical and Civil Power, Temporal and Spiritual, and engrossing both Powers to themselves, of this Father Paul gives us a full and excellent account. Constantine made a Decree, 
Hist. of Council of Trent. l. 4.  that if either party litigant (in Temporal Causes) demanded the Episcopal Judgement, the Cause should be immediately remitted him. Here the Tribunal of the Bishops began to be a common pleading place, having execution done by the Ministry of the Magistrate, and to gain the Name of Episcopal Jurisdiction, Episcopal Audience, and such like. The Emperor Valens did enlarge it, who 365. gave the Bishops the care over all the Prizes of vendible things.— St. Augustine complained how troublesome it was to him.— Arcadius and Honorius restrained their Jurisdiction to Causes of Religion.— Justinian assigned them the Causes of Religion, Ecclesiastical faults of the Clergy, and divers voluntary Jurisdictions also over the Laity.— The Bishops became Counsellors to the Princes in the Western Empire; and, by the mixture of Spiritual and Temporal Charges, caused their Jurisdictions to increase exceedingly. He shows largely how they increased their Power over the Clergy and Laity, pretending the Cause was Ecclesiastical or mixed, and so leaving nothing to the Secular, appropriated all to themselves;— making all devolve to themselves, if the Magistrate will not, or neglect to do justice. This might be tolerable— but not staying here, they added, that neither the Magistrate, nor the Prince himself, can meddle in any of these Causes, which the Clergy had appropriated, because Spiritual; and of Spiritual things the Laics are uncapable— Though adopted by the Heavenly Father, called Sons of God, Brothers of Christ, partakers of the Kingdom of Heaven, made worthy of Divine Grace, of Baptism, and the Communion of the Flesh of Christ. What other Spiritual things are there besides these?— 'Tis false that causes appropriated to the Episcopal Judicature, are Spiritual. For all are either delicts or contracts, which considering the qualities, given by the Holy Scripture to Spiritual things, are as far from being such, an Earth is from Heaven.  
Upon the Spiritual Power given by Christ to the Church to bind and lose, and upon the Institution of St. Paul to compose contentions between Christians, without going to the Tribunal of Infidels, in much time, and by many degrees a temporal Tribunal hath been built, more remarkable than ever was any in the World, and in the midst of every civil Government, another Instituted, not depending on the public; which is such a kind of Commonwealth, as not one, of as many as have Written of Governments, would have imagined could subsist, etc. Thus far that Incomparable Historian Carolus Molinaeus in his Commentary upon the Edict of Hen. 
Pag. 158.  2. against the Breves and abuses of the Court of Rome, saith, all Divines exclaim against the Canonists for confounding Carnal and Temporal with Spiritual, and by a pretence of dependency and connexion making them all one, and citys Gerson, complaining how much the Church hath suffered by it, more than can be declared. For when ye take off the vizor and speak properly, Spiritual things are God's Grace, his Word and the virtue of it, and the Sacraments are Spiritual, not essentially, but causally or rather instrumentally: So that Tithes and Church Revenues are Temporal, not Spiritual, but devoted to Spiritual Administrations. 
Lib. 2 de Sacramentis.  And Hugo de Sto Victore 300 Years before hath said as much.  
However so Zealous are the panders of Rome, to maintain her Grandeur so falsely gotten, that many of their Canonists make the very Office of Emperor, King,— Praefect of a City, and all Civil Magistrates to have a Spiritual Power, and it shall be Simony to give Money for them, or any depending on them. 
In ne prael. vices.  Quia omnis potestas est a Deo saith Hostiensis. Nor can a Man buy so much as the Clerk of the Markets-place without that imputation. And Gratian makes it Simony to give money for the Porter's place in a Church and proves it from Mal. 1. 10. Who is there even among ye that would shut the Doors for nought? or the Sutler's or Butlers, 
Qu. 3. Sed ad huc.  and the Gloss adds, the Bell-ringer or any other Office, (cujuscunque alterius rei) let us suppose the Candle lighter and the Chimney Sweeper, and the Trencher Scraper they are all Spiritual, in the same sense we commonly call a Tithe Pig a Spiritual Pig, though he be the worst of the whole litter, thus have these Monks played with Holy things, and exposed them to derision, and taken off the esteem and reverence all Mankind are ready to pay to things truly and really Spiritual, by obtruding such false lists of Spirituals on the World, to keep up an usurped Jurisdiction over things Temporal.  
If we have gained this point, That the exterior Jurisdiction of an Archdeacon is not Spiritual, we may conclude it not Simony to let it out, reserving part of the Profits. Against which nothing will lie, except the common definition of Simony; Studiosa voluntas emendi vel vendendi Spiritualia, vel Spiritualibus annexa. To which a short Reply will serve, 
22 Qu. 100 Art 4.  and that is Aquinas his, and Caietans upon him, who show, that this definition fails when the Annexa Spiritualibus are not joined to the Spiritual, as that they must necessarily be bought and sold together. Anciently the Canons say, 
16. Q. 7. Decerminus. l. 8. c. 13. p. 5.  Ordination and Institution were the same; as Petrus de Marea, Archbishop of Paris, affirms in his Concordia Sacerdotii & Imperii, and makes that the ground of the Eleventh Canon of the Council of Chalcedon. His words are these, Cum in illâ aetate ordinatio sive 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, complecteretur electionem personae, atque illius consecrationem per impositionem manuum, ipsanque in Ecclesiâ certâ institutionem. Here then, as he deduces, is a necessary connexion, and the Spiritual can't be separated from the Temporal; quare omnia comprehendebantur damnatione illâ quae gratiam commercio exponebat. The Benefice and Orders went together, and he who paid for one was a Purchaser of the other also. Of such things the Canonists say, they are annexa concomitanter, He who buys one cannot leave the other unbought, and it is real Simony. But when things are annexed to a Spiritual, only Antecedently or Consequently, so as they may be separate and one bought without the other, many times it is not Simony to give Money for them: Otherwise neither Tithes could be Let, nor Glebe, nor Lands, nor Houses, nor the Obventions of a Jurisdiction, nor could broken Consecrated Vessels be sold, nor Advousons', nor Burying places. Therefore also Aquinas saith, Things may be annexed to Spirituals Two ways, either as depending on Spirituals, as a Benefice which none can have but a Clerk, and such cannot be sold.  
Secondly, As they are appointed, and set a part to Spiritual Uses, and such may be sold: Which strengthens, as well as gives light, to this whole Tract; If a Jurisdiction were so annexed to any Spiritual Office, that it could not be separated from it, but that Supernatural, Spiritual Power, is requisite to the exercise of it, than it would be Simony, because it must be supposed the Power is bought also, (which is true Simony) but is nothing of, or to the present Case; where the Jurisdiction that is let is Temporal, used by a Temporal Person, and about Temporal Objects. And accordingly the Canons of Lateran and Tours, prohibiting the letting out Jurisdictions of Bishops, or Archdeacon's speak of letting to Spiritual Persons, Deans and Archpresbyters, but of letting to Laymen there is not any Prohibition in the Canon Law. And those Canons being Penal, the more Penal they are, 
Lynd. de vita & hon. cler. c. exterior v. pendulis.  the more they are to be restrained, and no extension shall be allowed to them for Punishment, but for Favor only, as all know that know any thing either of the Canon, or the Civil Law. Lyndwood is express, that Statutum paenale non excedit limitationem in eo positam. And so Navarre, 
Lib. 3. de Praeb. Consil. 13. n. 3 & 4. Extra in 6. de temp. ordin. c. 1. v. Italiae. M. 6. de paenis v. paenis. Lynd. de locat. & conduct. c. ut verè v. certis personis.  Paenae non sunt extendendae ad alium casum ex similitudine rationis, imò nec ex identitate rationis omnimodâ. So saith Andraeas, in the Gloss, If the Laws be Penal suum scriptum casum non excedit. And in Paenis non arguimus ad similia, quia paenae non excedunt proprium casum, saith the Gloss on one of the Rules of the Laws. And once more I shall cite Lyndwood for this, and so have done, Regulare est quod Statutum maximè paenale loquens de personâ verâ, non extenditur ad personam representatam. The Persons spoken of in the Canons, being Deans and Archpresbyters; If a Jurisdiction be not let to one of them, by all these Authorities the Lessor can't be within the Purview of it; but infinitely stronger is it, that these mentioned being all Clerks in Orders, Laymen out of Orders shall not be included, but they who let to them absolved.  
For, though it be Felony to steal a Horse, yet the same Statute cannot extend to stealing a Mule, much less an Ass, though all are Beasts of Burden, and the first a part of him; though the Immorality and Crime in stealing either of them be not at all different.  
To all which I shall add one thing more, That this Crime, whatever it is, yet is not under the title of Simony in the Canon Law, but under the title immediately following, which shows what Notion the Compilers of the Canon Law had of it, and that they took it not to be Simony, though it had been exercised by a Clerk, at least not such a Simony as the former title treated of, in the rigorous and strict signification of the Word, but in a large extensive, abusive signification only, as they may call any Crime they please by that Name, as Soto before cited to that purpose, hath observed; though indeed the Canons never call this so, in any sense whatesoever, but clearly intent it for another sort of Crime, by placing it under another sort of Head, which I may very rationally infer, considering the accuracy and exactness, used by the Compilers, in ranging every thing under its proper Head, by that showing to us the true nature, and formal difference of every thing there treated of. And this is so true and material, that Pope Greg. XIII. in his Breve before the Body of the Canon Law, saith Quae perperam posita erant, suis locis restituta, etc. every thing is now restored to its proper place, to which place this Crime is not restored, if it be Simony, which must argue either Neglect, or Unskilfulness in the Compilers, Crimes not to be objected where Popes, and the best Canonist in the World are so far concerned. And, indeed, who can believe that in Forty six Chapters, which make up the Title Simony in the Decretals, this should not have been inserted, if it had belonged to that Classis, rather than have crept in under the next Title of Nè prael. vices, where there are in all but Four Chapters; and that which is treated of in the last, no Man ever called Simony; viz. Letting the Tithes to Farm for Seven Years, which yet must be Simony, if the Gloss saith true, which would make it a kind, or a sort of Simony, something like it, though not it. Altera species Simoniae, That is something the Canonists call so, though it be not so. For as the Church of Rome Usurps a Power to make every thing Lawful, if she please, by her Dispensing Power, which began at Rome, as Matth. Paris saith, though never so flagitious; so doth she, on the contrary, pretend the same Power to brand every Action with an infamous Name, though it be in itself never so Innocent and Indifferent.  
In this Case, It is Lawful say her Canonists for a Bishops, or an Archdeacon's Chancellor or Official to put in a Surrogate, it may be a Curate, or a Vicar-choral, never Educated to the Law, and give him 10 lb a Year, or but a Groat for an Oath, and no other Salary, as many have done who have these Jurisdictions, and the Chancellors and Officials take all the rest; allowing not a full Scandalous Tenth of the Profits to the Surrogate. But it shall not be Lawful for an Archdeacon to make the Chancellor of the Diocese, or any other well Qualified Learned Man, his Surrogate, the Archdeacon reserving to himself, perhaps, not near half of the Profits, and so allowing the Surrogate a plentiful, and honourable Salary. Now let any Man Judge which of these two will be tempted to Oppression and Extortion, he that executes the Office for 10 lb a Year, or he who hath 80 or an 100 lb. But still there is a Quirk and Nicety in the Law, which improved by the Chicanry of the Practisers, and countenanced, and even promoted by a whole Community of the profession, can make Black White, and White Black, and find error where there is no fault, and make that Criminal which most furthered the administration of Justice; whereas their own scandalous, and scanty, both Salaries and Surrogates, shall never be called into question. This is the true Case I now treat of; and it is, and hath been confessed at the hearing of this Cause, by the most violent in it, That there is really, and indeed no difference at all between the Archdeacon's giving a Salary to a Surrogate, or his reserving part to himself, only in one case the Archdeacon receives the Profits and divides them; and in the other case the Surrogate doth it. The thing is all one, and comes to all one, and either way the Archdeacon may have what he will himself, and let his Surrogate have what part he assigns him. The Surrogate in either case may be tempted to Extortion of Fees, because he hath not the whole, yet that is the only reason in the Canons why this we write of is forbid, and must be a very weak one, since they permit what is as pernicious, or more than what they prohibit.  
2. The Second head is, That it is not Simony by the Ecclesiastical Constitutions, Injunctions, or Canons of the Church of England.  
A great part of which were Compiled, and Glossed on by Lyndwood, who follows the Order of the Pontifical Decretals, making in all Five Books; in the the last whereof is a Title of the same Name, and in the same place as in the Decretals, called Nè praelati vices, wherein this Crime is treated of. So that the Title of Simony, which just preceds this, hath no more to do with it than any other Title hath; but in Lyndwood, as before in the Decretals, it is under another Title, distinct from that of Simony, which strongly argues it to be a distinct Crime.  
Long before Lyndwood, 
Matt. Paris. & Spelman 2 vol. Concil. in initio.  in the Reign of Hen. the First, a Council was held under Archbishop Anselm, whose Second Canon is against Simony, and the Third is against letting Jurisdictions to Farm, but that Canon calls it by no such Name as Simony, no more than ranks it under that head.  
In the Abortive Canons of Edw. the Sixth, there is not a Word about it, though very much about Chancellors, etc. and their Jurisdictions.  
The Canons of King James 1603, 
Can. 40.  enjoins an Oath against Simony at Institution to Benefices, and the Canon is under the general head, Entitled, Ministers their Ordination, Function and Charge. The whole Canon concerns Benefices which require a Canonical Title and Institution, which is the very Definition of a Benefice in the Regulae juris, 
Reg. juris in 6.  Beneficium Ecclesiasticum licitè acquiri non potest sinè institutione Canonicâ.  
And Lyndwood explains what a Benefice is, 
De vita & hon. cler. c. hoc sacro v. beneficiis.  Intelligo contineri appellatione Beneficii, Dignitates, personales praebendas, & Ecclesias omnes, & alia quaecunque cum curâ & sine curâ, quae cum titulo habentur, & justitutione Canonicâ. Neither is the Oath against Simony, recittd in that 40 Canon, Administered by any, who understands his Duty, to Officials or Commissaries, or any who act by Deputation. But there is another enjoined, in Can. 127, 128, for these Officers, and indeed for all Judges Ecclesiastical and their Surrogates; and consists of but Two Canons. 1. The Quality and Oath of Judges. 2. The Quality of Surrogates. In the First, whereof they are enjoined to take the Oath of Supremacy, and subscribe the 39 Articles, and of dealing Justly and Uprightly in their Offices; all which the Surrogates are equally obliged to by Can. 128. And this is all they are required to take: So that if any other Oath be Administered to them, they may refuse it, and if they do take any, it is voluntary, and they do more than is necessary, and the imposer incurs a Praemunire, excercising Jurisdiction without Lawful Authority.  
In the Repertorium, which Badius Ascensus made to Lyndwood, many sorts of Simony are recounted, and even all that Badius could collect out of the Constitutions, but this is not there counted for one, nor in his Tabul a Rubricarum.  
What the Church of England thought of it, we may judge by the Canons 1640, which declare her sense, though the Canons are not genuine and binding, 'Tis decreed in Can. 11. That no reward shall be taken for any Chancellors, Commissaries, or Officials place, under the heaviest censures of the Church: And that is Excommunition; but if it be true and real Simony, against Divine or Natural Law, it were Deprivation. Now although the Offence mentioned in that Canon be of a higher Nature, and far more odious than letting out a Jurisdiction to Farm, or reserving part of the Profit to the Lessor, yet it is not Deprivation, for Deprivation is no censure at all, and so cannot be meant in that Canon. For all the Canonists agree, and it is communis opinio, 
Extra de verb. sign. c. quaerenti. Videses Saynum de censuris.  founded on the Decretal of Inn. III. That these things only and no more are called censures, viz. Interdict, Excommunication and Suspension. Quaerenti quid per censuram Ecclesiasticam debeat intelligi, Resp. Quod per eam, non solum Interdicti, sed susp. & Excom. sententia valet intelligi.  
Dr. Cousins (to whom for his Skill in the Canon Laws, every Man to this Day pays a veneration, and who was Dean of the Arches) in his Tables, 
Tab. 7.  reckons no Simony but In Ordine sive gradu, & Beneficio, in Orders and Benefice; thereby excluding this Fact. 
Burton, Melford, hugh's, Degg, Godolphin.  Nor is there any English Author extant, though some have writ large Treatises of his Subject, and others Chapters of it, who ever mention this as Simony, which both they and Dr. Cousin's must needs have taken notice of, had they esteemed it any species of it in the account of this Church.  
It is also evident by the Punishments inflicted on it by the Constitutions of our Church to be found in Lyndwood's Collections, that it is not judged Simony. 
Lynd. Nè prael. vices lib. 5.  For in the Provincial Constitution of Archbishop Langton, the Punishment is Suspension only, ab Officio, for a Year.  
In the Legantine Constitution of Otho there is no Penalty annexed, 
Cap. Ecclesias.  and so the Punishment can be but Admonition for the first time.  
In the Constitution of Cardinal Othobone, 
Cap. Indign.  the punishment is to pay a third part of what the Lessor shall have received, to the Fabric of the Metropolitical Church of Canterbury. Whereas if it were Simony, it is notorious that the whole aught to be refunded, by all the Canons of Christendom: Which I shall not trouble myself to prove, since no Canonist denies it, for he who purchases Simonically buys nothing, he hath no Title to the profits, and therefore is never to be dispensed with, till he hath restored the whole. These Arguments I do but propound, because I would be brief, but if any Man of Judgement will consider them, he will find them solid, and the weakest of them of great weight to determine this Case. For if all the Clergy of England, Scotland, Ireland, and Wales, and the Cardinal Legate, who presided in the last Synod, and who was himself also afterwards Pope, understood as much as the least Canonist in Doctor's Commons pretends to, they must have imposed another sort of punishment upon this crime, if it had been Simony, and not have let it escaped with so slight a censure, as only paying to the Cathedrial of Canterbury, a third part of what was received. I shall only add, That the Provincial Constitution saith, it was a frequent thing in those Days to let Jurisdictions to Farm, and so frequent that the Cardinal and Synod were afraid to make Canons against it, lest they should ensnare men's Consciences, yet in all the Realm is not to be found any sentence ever calling it Simony, or punishing it as such. And if they had reputed it Simony, there needed no new Decrees about it to punish it, for the Canon Laws might have done that, without the help of these new Constitutions, which therefore we may conclude counted it another crime, because they give it another punishment. It is therefore not material what an interested partial promoter, or his abetters would make of it, since it is so clearly resolved in that, and other Constitutions, in most August and venerable Counsels of all the Prelates of three Kingdoms, and by Legatime Authority, not to be Simony, as appears by the Sanctions of their Canons.  
3. It is not Simony by the Statutes of this Realm. There is only one Statute that takes any notice of letting to Farm Jurisdictions; And one more that gives account what the Temporal Laws of this Land think to be Simony; The first Statute is, that of 5, 6 Ed. 6. 16. Entitled, The penalty for buying and selling some sort of Offices. And this is made for the avoiding corruption, as the first Clause speaks. That letting out a Jurisdiction is comprehended in the Statute is agreed by the Judges, but the Statute calleth the fact Corruption, not Simony.  
The other is 31 Eliz. 6. Against taking reward for Election of Scholars, etc. and for presentation of Benefices. By which Title I may Collect, this is not included that I Treat about; And indeed no Man ever said it was, therefore I shall not spend time about it. For the Statute concerns only buying Orders and Benefices, and corrupt resignations.  
And indeed so far are the Temporal Laws of the Realm, from making this fact to be Simony, that whatever Name had been given it by the Pontificial Canons, or by those of the Church of England, yet the Laws of the Land have Absolved it, and acquitted it from being that sort of crime.  
I shall at present avoid the Question, whether any thing can be Simony by the Laws of this Land, that is not Declared so in that Statute of Queen Eliz. which is made for the avoiding Simony and corruption, as the fourth Paragraph Declares; Although I know, 'tis the Opinion of most of the Learned Lawyers, who are positive in it, and maintain it by very strong Arguments, Reasons, and Authority. But it is a matter too long to be discussed here, and out of my Province; and more than is necessary to my Subject in Hand.  
It shall be sufficient to show, that whatsoever the Canons about this matter had been before the Statutes of H. 8. and Reformation of Religion that soon followed, and the Statutes thereupon, the nature of the crime, and the whole current of the Laws about it are altered: So that had this Office been given to a Clerk, and not to a Layman, yet, as the Laws of England now are, it could not have been Simony, although the Lessee had exercised by virtue of his Deputation, all those Functions, and that Jurisdiction which the Ancient Canons called Spiritual.  
For by many Statues made in the Reigns of H. 8. Ed. 6. and the Queen, those Powers and Jurisdictions are made Temporal, and so no longer of that nature, which could render the Contract about them liable to the imputation of Simony; which cannot be committed but when that which is sold is Spiritual.  
The 26 H. 8. 1. Gives the Kings of this Realm full Power and Authority, to Visit, Redress, Repress, Reform, Order, Correct, Restrain, and amend all such Errors, Heresies, Abuses, Offences, Contempts, and Enormities whatsoever they be, which by any manner of Spiritual Authority, or Jurisdiction, aught, or may, lawfully be Reform, Repressed, Ordered, Redressed, Corrected, Restrained, or Amended,— any Usage, Custom, Foreign Laws, Foreign Authority, Prescription,— to the contrary notwithstanding.  
Also the 37 H. 8. 17. Declares the same Power to be in the King, and to exercise all manner of Jurisdictions, commonly called, Ecclesiastical Jurisdiction,— And that the Power the Pope claimeth, is directly repugnant to your Majesty of Supreme Head of the Church, and Prerogative Royal, your Grace being a Layman,— and that the Archbishops, Bishops, Archdeacon's, &c. have no manner of Jurisdiction Ecclesiastical, but by under, and from your Royal Majesty,— Some evil disposed Persons little regard the Proceedings and censures Ecclesiastical, made by your Highness and Vicegerent, Officials, Commissaries, Judges, and Visitors, being also Lay and Married Men, and think them of little or none effect. Forasmuch as your Majesty— hath all Power by Scripture to hear and determine all manner of Causes Ecclesiastical, and correct Vice and Sin whatsoever; and to all such Persons as your Majesty shall appoint thereunto,— Be it Enacted, That Doctors of Law may lawfully execute and exercise all manner of Jurisdiction Ecclesiastical, and all censures and coertions,— Albeit they be Lay or Married Men.  
1. Ed. 6. 2. Affirms all Authority of Jurisdiction Spiritual and Temporal, is derived and deducted from the King's Majesty,— And all Courts Ecclesiastical are kept by no other Power or Authority, either Foreign or within the Realm, but by the Authority of his most Excellent Majesty.  
All which Statutes, 
1, 2 Phil. & Mariae. 8. Revived by Queen Eliz.  among many more, were repealed by Queen Mary, being contrary to the Doctrine and Interest of the Romish Church, who holds for the most part all these Jurisdictions to be of Divine Right, and their censures to be Sacerdotal, and the Power Ecclesiastical to be, Ex sacrorum Canonum dispositione, as the Popish Clergy speak in their submission to Cardinal▪ 
Episcopacy not prejudicial, etc. Pag. 32.  Pool. But the Reformed Protestants speak quite otherwise, as Dr. Sanderson doth, who saith of the Exterior Jurisdiction, it is not from God but from the King, wholly and entirely from him, as the sole Fountain of all exterior Jurisdiction, Spiritual or Temporal, and consequently not of Divine Right. So saith that Bishop; for indeed if these Jurisdictions were of Divine Right, they could not be deputed to others, but the exercise must be limited to the Persons alone in whom such a right is inherent. 
25 H. 8 21.  One Statute therefore saith well; They are called Spiritual, not that they are so; it is Popery to Affirm it, and a virtual denying the King's Supremacy, and renouncing the Oath of it, and a Lopping from the Crown one of the principal Branches of its Prerogative; pre-eminence in all Causes; Which the King can never have, if exterior Jurisdiction be Spiritual, from God and the Pope, not from the Crown. The Book (of an Anonymous Author) called, Episcopal Inheritance, saith 'tis a Popish Yenet to Affirm the Ecclesiastical Jurisdiction to be distinct from the Civil, which Bellarmine asserts to set the Pope above Kings, and to exempt the Clergy from the secular Powers.  
In Queen Elizabeth's Reign, 
1 Eliz. 1.  this Power is Affirmed to be in the Crown, and 'tis Enacted, That all Spiritual or Ecclesiastical Power or Authority, for the Visitation of the Ecclesiastical State, etc. Be united and annexed for ever to the Imperial Crown of this Realm.  
But the Canons Affirm it to be in the Pope as a Spiritual Head, and have therefore called it a Spiritual Power, which being now by these Statutes, reduced to its true Original, must be no longer Spiritual but Temporal, for the King hath it as a Layman, saith the 37 H. 8. 17. And may invest Laymen with it, who are no ways capable to give or receive it if it were Spiritual. So that whatever it was heretofore, when it came from Rome, it is now Temporal, and a part of the King's Temporal Jurisdiction, as Impropriate Parsonages and Vicarages become Temporal Things and Lay-fees, now they are appropriate to Laymen, which before were Ecclesiastical and Spiritual: And so the nature of such Jurisdictions, as of the Benefices, is altered with the alteration of the Tenure. So it would have been Simony to have sold the Six and the Sixty Clerks places in Chancery, when they were all Clergy Men, or the Advocates and Proctors of the Commons, when they were all bound to be Clerks (which made Altissiodorensis and Aquinus say, it was Simony for the Advocate to take Fees for pleading) but now they are all Laymen, there is no colour for such a censure.  
There is yet remaining one, and a very strong Argument, that letting a Jurisdiction cannot be Simony by the Laws of England, 
In Nè prael. vices.  and it is this. Neither that Canon of Yours, nor that of Lateran, in the body of the Canon Law, nor any Gloss nor Commentator upon them is Law with us in England. 'Tis true that those Canons do not call it Simony, nor punish it as Simony, but if they did, I Affirm, they are nothing to the Case, being not Law in our Church, and so concerns us no more than the Laws of Coufutius, 
Dr. Heylin, etc.  or Japan. 'Tis almost unaccountable what Interest those Men would serve, who have contended earnestly that all the Pope's Laws are in force with us. I know none but that of Doctor's Commons, who, if they had so large a Field to expatiate in, would have all men's Estates and Reputations in their own Power; But it is most certain, that no part of the Canon Law is in force in England, but what hath been received and used here, not as the Pope's Law, but as made part of the King's Ecclesiastical Laws by custom, usage and consent; Upon which conditions the Laws of all France might have been ours, as well as those only of Oleron▪ This is plain by our Statutes, 
25 H. 8. 21. 1▪ Eliz. 1.  and it is a Praemunire to defend and maintain those Canons; or; that shall directly or indirectly put in ure, or execute any thing for the Extolling, Advancing, setting forth, maintenance or defence of any such pretended, or usurped Jurisdiction, Power, Pre●eminence, or Authority, or any part thereof. The Second Offence is Preminure by the Statute of that Queen. Now there cannot be an higher Offence against both the Statutes cited in the Margin, than introducing Foreign Canons, and judging the Causes of the King's Subjects by them; utterly refusing to proceed by Canons made and used within the Realm, as hath been done in this Cause.  
Mr. Bagshaw, 
Page 32.  in his Speech concerning the Praemunire, saith, a Praemunire was against Cardinal Wolsey, and he was attainted in it, though he had the King's Commission for what he did; 
Mich. 21. Hen. 8. Banc. Roy.  Quia ipse intendebat antiquissimas Angliae leges subvertere & enervare, universumque regnum Angliae legibus civilibus, & earundem legum Canonibus, in perpetuum subjugare. And for this he forfeited all his Goods and Chattels to the King; White-Hall, Hampton-Court, Christ Church, etc. If it were not for these Statutes of Praemunire, there would be no quiet to the King's Subjects, 
Id. Page 40.  as Chancellor Audely told Gardner Bishop of Winton.  
Those Laws of the Pope we have no more to do with than his Religion, which yet by a Corrupt Interest have been partly maintained, by those perhaps, who hope his Power may sometime return where his Canons so much prevail.  
It is indeed an unaccountable Boldness for any Judge to give sentence in a Cause upon Popish Canons, never used or put in practice in England, as hath been done in this Case; but it must be remembered it was done when Popery began to rule us, and he was most countenanced who could most cunningly introduce it one, and that a very subtle Method, being to bring in force again all the Pontificial Canons, which the Reformation had Abdicated. For this reason all the Popish Judges, and those that were eminently Popishly affected, would never consent to a Prohibition upon this suggestion, 
Though they granted a Prohibition upon another suggestion.  though it was thrice attempted, That it was no Simony by any Law or Canon that ever was used, or in force in England, though the suggestion be most certainly true and relevant. That it is true, I affirm, because there never was any such Cause before heard in England, nor any Sentence in it, no nor is there any decision of this Cause to be found in any of the numerous Rotaes of all Christendom. There is no instance before, neither in England, nor in the whole World of any hearing wherein it hath been judicially pronounced Simony. Therefore the suggestion must be relevant, as may be seen by the Statutes before cited; for those Canons on which the Sentence is grounded, are no Laws in England. Suppose a Man was Libelled in the Court Christian for Heresy, they will proceed because it is an Ecclesiastical Crime and give sentence; It is true that by the 1 Eliz. if it be not such as hath been declared Heresy by the Four First General Counsels they ought not, but the Court will not hear it; Whether must the Client go, but to the Temporal Judges, who are to explain and vindicate that Statute, and inquire whether it be Heresy within that Statute or no, and whether the Canons about Heresy, by which the Court proceeds, do not abate by virtue of that Statute? In this Case the Reverend Judges may, and let me speak with humble submission, aught to inquire whether the Court do not entrench upon the 25▪ H. 8. 21, etc. That Enacts no Canons shall be used but what have been received, and if the Court Christian put in ure such Canons, they are to be restrained, else these several Temporal Laws were made in vain, that have abolished such Foreign Canons. It seems to me the strongest plea in the World, to allege, That this Cause is pronounced to be Simony by Canons that were never in force in England, or if they were, they are abrogate and obsolete; and, of this I am sure, none but the Temporal Courts are the proper Judges. For if the Court Christian be allowed to make use of what Pontificial Laws they please, there is no Bishop or Clergyman whom they cannot deprive for this very Crime, in Instances never yet heard of by Englishmen. Godolphin takes notice how much Simony in England differs from that of Rome, and saith,  
The Canon Law, 
Repert Canon cap. of Simony.  in this point of Simony, is of far wider extent than the practice with us. He enumerates Nine Cases, and concludes thus; with divers other Questions in the Canon Law relating to this subject, the solutions whereof are not of any moment to us, who are out of the Pope's Diocese. I shall add some other Cases, out of the Body of the Canon Law and Gloss, or approved Authors; few whereof are Simony in England, though they are so at Rome, or Bononia: Viz.  
Buying Relics, Holy Roods, Agnus Dei's, Holy Bread, or Water, Chrism, Consecrated Beads and Candles, all Garments of the Mass-Priests, Corporals, and other Vests of the Altar; Consecrated Clouts, Bells, Chalices or Crucifixes, if you give more than the matter is worth. To become a Monk with hopes to be Abbot. To hope for a Bishopric, or Benefice, or to promote any Affairs of the Patron, in expectation of the next Advowson, or to get a promise of it. To observe Canonical Hours, to get the Canonical Portion. To agree what Salary you shall have for serving a Cure was Anciently Simony, if not still. To ask a Benefice with Cure of Souls, for an unworthy Person, or for yourself though never so fit. To confer a Benefice upon condition the Clerk do you no mischief. A Bishop so much as ask for a Bishopric. For a Divinity Reader, or Catechist to take any thing of their Auditors, if the Lectures are endowed. To teach School for reward, if the Master has a Prebend or Salary from the Church (as they have, or aught in all Cities by the Canon Law.) To take Money for Preaching Lectures or Sermons for a Neighbour Minister, or to preach to gain Applause. To give Money to another to pray for you. For Favour or Affection to reconcile a Penitent, or conceal his Crimes, or for hatred to repel him. To present to a Benefice, as a recompense to a Clerks Merits, in many cases, is Simony. To present Kindred or Familiars with any Respect thereto, or to gain Honour or Repute. To purchase the next Advowson, or the Perpetuity, if you give more than the Manor is worth without it. To found a Prebend, on condition that you may retain it for your Life. To buy a Burial Place. To take Money for Burials, Christen, Marriages, or any of the Popish Sacraments that confer Grace. To agree to Celebrate for you to morrow, if you will for me to day. To say Mass, hear Confessions, give the Sacraments with intention to get by it. A Bishop or Prebend to pay any thing for Installation; or Bishops to do Homage to the King for their Bishoprics. To give Money to the Bishop or his Secretary for Institution; which made 
* The present Bishop of Sarum in his life.  Bishop Bedell write all his Instruments himself, and follow the Incumbents out of his Doors, lest they should give any thing to the Servants, etc. To give Money, little or much, to the Patron's Servants to speak to their Master to present. To promise a Bishop not to require a living of him when he Ordains sine titulo. To give to a Patron Money to present, though he never doth; or a Clerk to give Bonds to resign. To give Money for Admission to a Religious House, for a Fellowship in a College, or a place in a Lazer, or any Hospital, for a Commandry of Malta, or Knight of Calatrava, or Alcantara, or any other Religious Order, or to be keeper of the Sepulchre. To give any Entertainment upon Admission or Installation. To buy any Place in Chancery, or Doctor's Commons when they were all Clerks, as Originally they were; or any Ecclesiastical Jurisdiction or Office when exercised by Clerks and Unmarried Men, as Anciently they all were, but now it's not Simony; for as the Nature of the Function is altered, so is the Nature of the Purchase. To advocate or plead Ecclesiastical Causes for Money, was Simony heretofore say Altissiodorensis and Aquinas, but not now. To make a Notary Public, in Ecclesiastical Matters, for Money.  
I shall add, upon the Authority of the Gloss, what I spoke of before. 
1. 9 3. c. 1.  To buy the Porter's place, or Bellringers, or Butlers, or Candle-lighters, or the Grooms, or any other Office Ecclesiastical. Besides these, we find many Nice inquiries in the Canonists about Simony; As whether one can be a Simonist by making a Contract with God, or the Pope? Or by buying a Slave his Liberty, that he may enter into Orders? Whether one can be Simonical without an intention to commit it? Whether it be Simony to give Money if the Incumbent should have had the Benefice, though he had given nothing? Whether to give one Spiritual Thing for another? Whether Gehazi was a Simonist, who made no compact, or took any thing of the Profit till after his Master was restored? Whether to give Money to an Infidel on condition he be Baptised? Whether Clerks may take Money for Spiritual Offices in Places where they are not bound to officiate?  
For what is Simony and what is not, is one of the most perplexed Questions in the Canon Law. So Pius the Fourth thought it, when he revoked many Decrees of his immediate Predecessor about it, though form by 150 Cardinals, Bishops, and Canonists, and approved by most Universities in Christendom, because he adjudged them too rigorous.  
And Felinus citys the Archdeacon of Florence, who saith as much of Eugenius and Martin the Fourth, and of one of the Urbans. For Ecclesiastical Simony being but malum quia prohibitum, and only a Pontificial notion, The Popes might correct their Breves as they saw occasion, and make that but Disobedience in one Pontificat, which was Simony in another. Which had the Promoters of this Cause well weighed, perhaps they would not have contended so fiercely to create a new Crime, and Sect of Simonists unknown to all the Canonists of Christendom, from Innocent the IV. to Fagnanus; and which is not to be found in any of the Rotaes' Counsils and Decisions extant, if the case be stated true according to the Fact, which is, That the Jurisdiction was not sold, but let; and not to a Clerk but a Layman.  
FINIS.   

ERRATA.  
PAge 8. line 17. for Gratian read Seneca. ibid. l. 23. r. intelligunt. P. 9 l. 6. Laical. ibid. l. 26. made use of. P. 10. l. 4. Victoria. P. 11. l. 5. intent. P. 12. l. 24. add and Impropriators, etc. P. 13. l. 36. Covaruvias. P. 14. l. 8, 9 Covaruvias. P. 19 l. 11. Canonists.