AN Historical Discourse, Briefly setting forth the nature of PROCURATIONS, And how they were anciently paid, with the reason of their payment; and somewhat also of SYNODALS And PFNTECOSTALS: With an APPENDIX in answer to an Opposer.  
By J. S.  
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  
LONDON, Printed by R. Hodgkinson, and are to be sold at the Rose and Crown in St. Paul's Churchyard, 1661.   

Vltimo Octobr. 1660.  
PErlegi Libellum, cui Titulus [An Historical Discourse, Briefly setting forth the nature of Procurations, etc. By Jo. Stephens] quem fieri publicum non indignum censeo. Imprimatur modò intra tres menses.  
ROBERYUS PORY S. T. P. Reverendissimo in Christo Patri ac Domino D. Archiepiscopo Cant. Sacellanus Domesticus.   

REVERENDISSIMO in Christ● Patri, ac Domino D. GULIELMO, Providentia divinâ Cantuariensi Archiepiscopo totius Angliae Primati, & Metropolitano. REVERENDISSIMO etiam in Christo Patri, ac Domino D. ACCEPTO eadem providentia Eboracensi Archiepiscopo, Angliae quoque Primati, & Metropolitano. Nec non Admodùm Reverendis in Christo Patribus ac Dominis D. GILBERTO, divinâ etiam providentia Episcopo Londinensi, & D. BRIANO Episcopo Wintoniensi: Caeterisque Reverendis Episcopis, & Praesulibus utriusque Provinciae in Ecclesiâ Anglicana constitutis.  
ANnus praeteriit vigesimus (Reverendissimi & Rèverendi Partres) ex quo Tractatum hunc Historicum de Procurationibus Synodalibus & Pentecostalibus in Usum publicum composui: sed priusquam ederetur Procellâ appropinquante manum ab editione retrahere cogebar, & chartulas abdere a Plagiario qui in sequente Tempestate apertâ fronte grassabatur. Sub spe tamen fore tempus, ut hae meditationes qualescunque (si 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 non obstarent) in lucem emitterentur. Et nunc tandem foràs exiturae Patrocinium vestrum. Honorabile (vigilantissimi Navarchi qui ad Clavum Ecclesiae sedetis) humiliter implorant. Dentem invidiae non reformido (tenuitati non invidetur, sed sublimitati) Contemptus est quem potius vereor a quo sub umbraculo tantae authoritatis & eminentiae, velut sub Aegide Minervae (veniâ submisse petitá) me recipio, & abscondo. Orta fuêre annis anteactis dissidia quàm plurima, Lites etiam & velitationes de tempore in tempus non paucae inter Archidiaconos Glouc. & Clerum ibidem de Re solutionis Procurationú & Censuum Ecclesiasticorum; Ad quas componendas, & ne Ecclesia quicquam detrimenti caperet, ne etiam flamma dissentionis inter Ecclesiasticos de integro exurgeret aut erumperet: Egomet ipse inter mille minimus lubens surrexi. Et quid in his conatibus meis praestiterim in medio reliqui a peritioribus pensitandum.  Est quadam prodire tenus si non datur ultra. 
D. Opt. Max. qui potest rependat vobis quicquid a me rependi non potest; Et benedictiones in sinus vestros amplissimos magis magisque cumulatissime refundat. Faxit insuper, ut peracto hujus vitae curriculo, a terrenis ad sedes sempiternas inter Coelites post seros annos feliciter transferamini. Et haec, ex intimis ipsius votis qui est.  
Paternitatum vestranum Servulus humillimus Jo. Stephens.   

To the Candid and ingenuous READER  
WIth little encouragement to undertake, and less abilities to perform a task of this nature; I have out of my respect to the Clergy (whose calling I much honour) adventured to run the hazard of a Censure. But as he that observeth the Wind shall not sow, as the Wise man speaks; 
Eccles. 11.  And as he that feareth oblatration must not travel, as all men know: 
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Act. 27.15.  So must he resolve to cast away his pen that will not resolve 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 (to use St. Luke's Metaphor in another sense) to bear up against the Wind of detraction. Thus much I can truly say, that Peace disturbed, only that, (my self being therein sometime a Patient) hath set me now on work, and made me here an Agent, endeavouring by the discovery of an erroneous cause (the ground of such disturbance) to remove for the future (as much as in me lieth) a very ill effect arising thence. And albeit the light be dim, that forceth itself thorough a cloud of such imperfections, as I must needs acknowledge: yet is the Greek Proverb true (and I apply it only to the unstudied in the present argument) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Better a little light, 
Michael Apostol. Proverb. Cent. 11.  though but a very little, than none at all, better than to be altogether in darkness. For my part what I have received I freely communicate: the greater burdens I leave to the greater bottoms. All that this little Tractate hath to pride itself in (were it lawful for it to boast) is that it is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 (not an innovation but,) a Novelty. Which being so, 
Act. 17.21.  it may haply take an Athenian ear (so much in former times delighted with news, is the Greek Orator observes, 
Demosthen. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Epist.  and after him St. Paul;) yea an English one too, if it be with the English now as it it was in Gildas his time. Patria mea novi semper aliquid audire volens, etc. saith he. But what it is, how and with whom it will take, I have not to say. This only I know, that it hath proved (weak as it is) to my dull apprehension, the issue of more than ordinary labour, some part of it, there being none de cujus lumine, lumen accenderem meum; None whose footsteps I could find (though I thirsting sought) to follow in so unfrequented a desert as I wandered through. 
— quá nulla priorum,  
Castaliam molli divertitur orbita clivo. 
Virgil. Georg. 13.   In a word, what I have here done, my thoughts have wrought within me this persuasion, that the same by the ingenuous Reader will be taken in good part. For the vulgar and unknowing persons (who are least able to judge, but most apt to censure) I fear not their Arrows.  
J. S.   

De Procurationibus.  
LOCUTUM fuisse poenituit aliquando, siluisse nunquam, 
Simmidis dictum apud Plutarch. de tuenda Valetud.  said one, and truly, it being referred to unseasonable and inconsiderate speaking; else the Wiseman Solomon will teach us another Lesson, That as there is a time to be silent, so is there also a time to speak; 
Eccles. 3.7.  and whosoever shall spare either Tongue or Pen, when in probability he may do good, omits a necessary duty, and doubtless incurs deserved blame. How nearly this Case did once reflect upon myself, they best know, whose opposition to payments (just as I conceive) hath stirred me up to strive 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, (as they want to say) to the uttermost of my power, as well to give them satisfaction that pay, as to procure ease to those that receive. An opinion hath of long time possessed some of the Clergy, That Procurations are only due Ratione visitationis, and that without respect unto such Act of Visiting, no demand, of that nature, can be in Conscience warranted or payment by Law enforced, and therefore Arch-deacons to be excluded in the years of Episcopal Visitations: Upon this mistaken ground (for so I take it) suits have formerly been commenced, and much time and money spent, and yet the point remains unsatisfied, the Clergy (most of them) paying this due (whilst the same was payable) to the  (especially in the Lordbishops' Triennials) with a kind of reluctancy, mixta voluntate, as I may say, and many desiring 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, a time to deliberate. The ttuth is, and I find it so, That payments, how necessary and just so ever, yet are they not at all times pleasing to those upon whose shoulders they lie; they being of such a nature as to the nature of man is unpleasing, to wit, burdensome, mainly opposing the principal object of the natural desire, 
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Theogn. sent.  namely Ease and Liberty. They are in the Law called Onera; and by so much the more Onerosa burdenous and unpleasing they are, by how much the more the reason to evidence the true ground and original cause of them is unknown to some that pay. To lighten therefore this Load, what I may, and for the ease of such as being pressed with the burden of their Ministerial functions, and Ecclesiastical employments; their thoughts busied and their Studies taken up and conversant in the Sphere of higher speculations) have not leisure to look into things that move in a more inferior Orb: I have put myself forward (but to speak truth actus eg●) to search into the nature of some of those Church-payments, and deuce Ecclesiastical, namely Procurations, Synodals, and Pentecostals, and have endeavoured to find and discover the true reason of their pay, begun so long ago in the Church, and continued to this day; which how far forth I have performed in this little Tract I leave to the judgement of the judicious Reader; 
Euripid. in He raclid. pa. 287.  reflecting upon myself, and seriously wishing in this particular task, what the servant in Euripides wished to old jolaus (〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 saith he) that I also were as able to perform, as I have been willing to undertake the same; however I proceed, and begin with Procurations. In the handling of which point I shall necessarily fall upon the several inquiries following, namely, First 

1 What a Procuration is, Whence so called, And how, And in what manner it was anciently paid?  
2 Whether due ratione Visitationis?  
3 Whether only, so due, and no otherwise?    
Concerning the first, we have two things to consider of, to wit, the quid nominis, and the quid rei. For the quid nominis, I have not found much written, somewhat I have; That the word hath its derivation a Procurando, there is no doubt of that, but procuring what, there is the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  
Whether it should be for procuring the Visitor to come to each particular Church in his own person, and to Visit Ecclesiatim, 
10 q. 1. c. E●i c●pum. E. council. Toletan. 4. ca 35.  per cunctas Dioeceses parochiasque suas, which was the ancient custom; Or from procuring of him to come to a certain place in several Divisions or Deaneries, where the Clergy within the said distinct Deaneries were to give meeting, as now they do, they being overcharged with his coming home to them; each man may please himself with his own opinion? For my part, I cannot satisfy myself with either of them. My reason against the former is; Visitation is a principal duty that belongs unto every Bishop (derived from the Apostles, who were Visitors, 
Act. 15. Act. 16.  and did pertransire Ecclesias & Vrbes) it sticks in his very name 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, which comes from a word that signifies to Visit 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, 
* So also from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to visit comes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, a Bishop.  and is frequently used in that sense, not only in the Scripture, but also by Ecclesiastical and Profane Authors, obvious every where to be met withal. 
Episcopus deb●t visitate singulis annis Parochiam, nisi dimittat propter gravamen Ecclesiarun, & tunc mittat Archidiaconum, etc. Ab. Sic. su●er 2.1. de Ossi●. Archid. c. ut Archidiaconus. 10. q. 1. c. Decrevimus etc. Episc●pum. 2 Coke. 15. D. Spelman. Concil. pa. 238.  Now to procure the Visitor by way of stipulation and contract, to do that which by his calling and place, either in his own person, or by others (himself being hindered) he ought to do, is a plain 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and stands with no reason or congruity, if I may judge.  
And as weakly built (if I mistake not) is the other opinion, to wit, That Procurations should have their denomination from pocuring the Visitor to come to a certain place in every Deanery or Division, whereas it is evidently manifest, 
Ext. de Censibus c. Cum Apostolus etc. Foe icis recordationis eod in 6.  that the word Procuration was then used when the Visitor visited Ecclesiatim, as may be seen in divers Chapters in the Canon-Law.  
Another reason than is to be sought for to give the word its true genuine interpretation, as it relates to the present business; and that is, not from procuring the Visitor by way of contract to come; no, but from procuring of victuals for him and his attendants, when they come in Visitation. Thus it was, and this indeed comes near unto the nature of the word Procurare, (which among other significations it hath) signifieth to nourish, and to make provision in diet for; 
Dua●en. de sacris, Eccl. Minister. & Benefic. l. 7. c. 5.  Hoc autem munus ideo Procuratio vocatur quia Ecclesiae Episcopum Procurant, id est Curant, alunt ac tuentur; sicut pueri dicuntur Procurari a Nutricthus & equus a Domino apud Plautum & al●os Authores Latinos qui propriè & emendatè locuti sunt. Thus Duarenus: But here now comes a Cloud in our way that must be a little cleared before I go farther, lest I should hold the Reader (the Reader I say unversed in this study) too long in a mist of suspense. And objection may be made thus. Were victuals anciently the Visitors pay, for and in respect of Visitation? why then doth the second Council, 
Concil. Bracar. 11. Can 2. Concil. Toletanum 7. Con. 3.  held at Bracar, above a thousand years ago, and the seventh Council held at Toledo in Spayn, a little after, expressly forbid by their Canons, That no Bishop per suam Diocesim ambulans, should receive aught from the several Churches within his Diocese, Praeter honorem Cathedrae suae, that is to say, two shillings; 
10. q. 3. ca inter caetera ●bi glossa in c●su.  To this I answer, out of the Gloss upon the Decree where the Canon of the seventh Council at Toledo is recited. The Case there is This. The Bishops of the Province of Gallicia, when they visited their Dioceses, hardly pressed upon their visited Clergy: Bringing with them a great Train of attendants (100 vel 200 Equitaturas) and exacting from them not only, ultra duos solidos pro Cathedratico, but also costly provision in esculentis & poculentis; upon complaint made of this grievance the Council decrees a moderation in the money receipts (Ne ultra duos solidos exigant pro Cathedratico) and for the number of Attendants they are reduced to fifty at the most, and the time of their stay at each Church limited to one day, and no more, So that this Canon is no bar at all to our Procuration payment in money now, 'tis I dare boldly say a mere 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, a very nothing to that purpose: For it was many years after this time that money had warrant to pass for visitation Procurations, as I shall hereafter, God assisting, make evident: so that the Objection being answered, and the Quid nominis in some sort explained, I proceed to inquire, desirous more exactly to know what a Procuration is in the Quid rei. 
Vallens. Paratit. de censibus, §. 3.  And to this enquiry Vallensis makes answer, and tells ut that it is Necessariorum sumptuum exhibitio quae ratione Visitationis debetur ab Ecclesia, vel Monasterio ei cui ex officio incumbit jus & onus Visitandi, sive is sit Episcopus, sive Archidiaconus, sive Decanus, sive Legatus summi Pontificis. I hus Vallensis; and well for the ground of this Procuration due, but not fully enough for the growth thereof, there being now other reasons not included within the circumference of this description, that enforce the payment of Procurations without visitation, as I shall in the prosecution of this discourse (I doubt not) make appear. Wherein for further explication of Vallensis his description, I shall be bold to assert that the Quid ret of visitation Procurations in ancient time, this exhibitio necessariorum sumptuum was victuals. In the Council of Lateran (I do not mean the great General Council under Innocent, the Third, but that other under Alexander the Third, 
Exe. de Censibus c. Cum. Aposto●u●.  somewhat above 30. years before, and about the year of our Lord 1180.) Visitors are directed so to proceed in the dispatch & execution of their Visitations as those that minded not their own things, sed quae Jesu Christi. And it follows there, Nec sumptuos●s epulas quae●ant, sed cum gratiarum actione recipiant quod honestè ac competenter illis suerit ministratum. Thus there: so in the sixth there is a constitution made by Innocent the 4. (who came in Pope, Anno 1243.) and ratified afterwards by a General Council held at Lions in the time of Gregory the Tenth, about the year 1273 peremptorily; 
C. 1. §. Procurationes, etc. ●xigit ●od in 60. & ●bi Glossa in 〈◊〉.  (yea sub poena maledictionis aeternae) forbidding the receipt of money in lieu of Procurations (vel a volentibus sic solvere) adding moreover, that if any Visitor should presume to receive them in such sort, and otherwise then in victuals: Duplum ejus quod receperit Ecclesiae a quâ id receptum suerit infra mensem reddere tenebatur; which if accordingly (being Patriarch, Archbishop, or Bishop) he failed to restore, he was forth with liable to an Interdiction, ab ingressu Ecclesiae: But for Visitors of inferior rank, suspension ab officio & beneficio was their penalty in this case. This than was the ancient manner of paying Procurations till the time of Boniface the Eighth, who succeeding in the Popedom about twenty two years after the death of Gregory, and finding multa incommodorum dispendia, 
Gloss. in ver. dispendia c. Foelic●s recordationis cod. in 6o.  many inconveniencs in the Constitutions of his predecessor touching this particular, did himself make a Constitution about the year 1295. that it should be lawful to any Visitor whatsoever volentibus visitatis, and not otherwise, to receive in lieu of victuals money (not to exact it) towards the defraying of their visitation charge. The Constitution runs thus, Quoniam rerum experientia perientia nos instruxit ex hoc tam personis visitantibus quam l●cis & Ecclesiis visitatis multa incommodorum dispendia provenire. 
C Foelicis recordat. 〈◊〉 supra in 6.  Concedimus ut Patriarchae, A chiepiscopis, & al●i quibus ex officio competit visitare a volentibus Ecclesiarum & locorum Visitatorum Rectoribus, seu personis pecuniam licitè recipere valeant pro sumptibus moderatis faciendis in victualibus di●bus quibus visitationis officium personaliter exercebunt. Now the reason of the making of this constitution was out of question this, namely in respect of the great charge that the visited Clergy were put unto in giving entertainment to the Visitors in those times, who in their visitations came attended with a troup of men and horses so excessively great, 
F●t. de Censibus c. Cu●n Apostolus   interdum Ecclesiastica ornamenta subditi exponere compellebantur. The poor Clergi were eftsoons constrained to sell even their Church-ornaments to make provision for them, as it was declared openly in the aforesaid Council of Lateran. And thereupon in that Council all Visitors came to be stinted to a certain number of Visitation Attendants, according to their several qualities, as namely the Archbishop to 40. or 50. men with their horses, the Bishop to 20. or 30. Cardinals to 25. (though it stick in their stomaches so to be undervalved) Archdeacon's to 5. or 7. Deans, 
Gloss. in v. Decani. Exit cod. c. Cum Apostolus. Ext. av. Com. de Censibus c. Vas electionis.  (that is to say Archipresbyteri rurales, as the Gloss expounds it) to two only, which qualification of number eased a little, and but a little, the burden that was still heavy upon the Clergy. For though Bomface did tolerate the receipt of money in heu of victuals, and made it lawful for the Visited to compound with their Visitor for their entertainment, yet the composition in money was oftimes upon such hard terms, that the remedy proved as bad as the disease. Little the better were the Clergy for having the Visitor limited to a certain number of Attendants, whilst he was left unlimited in the sum of his receipts to make his composition as it pleased himself: Yea, we shall find that the exorbitances of the Visitors in this particular were such, that they gave occasion to Pope Clement the Fifth to complain bitterly of them in the Council at Vienna (which began in the Calends of October, 
Ca Ad nostrum eod in Clement Antiquit, Britan. pa. 172.  Anno 1●11, and ended upon the sixth of April, 
Gloff in v. Imsosterum c. Cum sit in Clem. de Censious  the year following, as the Gloss precisely sets it down) namely that the Prelates and other Visitors did exact Procurations, yea even from exempt places and Orders privileged (the Cistertians themselves could not go free) that they carried with them Hounds and Hawks contrary to a Prohibitory Canon of the aforesaid Council of Lateran, yea that they so fare forth proceeded with them, that unless their intemperate appetite were satisfied, and that they had readily ministered unto them as much as they unreasonably required; down went the doors of Monasteries, Church doors were broke open, and what they could lay hands on (the ornaments of the Church not excepted) should away, Intolerabilia gravamina eisdem cumulantes. Now these grievances were in effect but complained of in this Council; and altbeit they were prohibited under pain of God's indignation; yea and of the Popes too, 
Ca Ad nostrum cod. in Clement.  yet were they not throughly redressed until the time of Benedict the Twelfth, who next succeeded Clement, save John the 23. that came between them. He, I say, taking into consideration the abuses of the Visitors towards the Clergy visited (notwithstanding many good Laws made to the contrary) namely that they became so burdensome to them in the exaction of Procurations,  oppressi subditi hujusmodi onera nequeant supportare, to use the very words of the Constitution. 
E●trav. Come de Censibus c. Vas I lict onis.  In the second year of his Popedom, and about the year of our Lord, 1337. makes a Canon or Constitution, and in the same proportions a rate in money in lieu of Procurations in victuals, a certain sum payable out of Monasteries, Priories, and other Churches visited, and requirable by the Visitor according to his quality and the conditions of the parties visited, more or less, leaving it still to the liberty of the visited, either to pay so much money or victuals as before, if they thought better. And this constitution of Benedict the Twelfth, put an end to that troublesome business even throughout the Christian world (where the Pope had sway of jurisdiction) that before that time groaned under the burden of intolerable exaction. Hither all Visitors are directed to have recourse for their pay, where custom hath not limited the sum of their receipts. But for Archdeacon's Procurations, Lindewood tells us that the usual sum of their receipts in money was in his time (and that was in the reign of Hen. 5. somewhat above 200. years ago) seven shillings and six pence, that is, according to the number of his Officers and Attendants to each man 12. d. and to the Archdeacon himself 18 d. And so I have done with the first Quaere, and do now proceed to the second, and that is.  
2. Whether Procurations be due, Ratione Visitationis?  
Out of doubt they are, and great reason that they should be. The voice of nature in an Heathen man spoke thus, and persuadeth to yield 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 
Phocy●id.  And not only the voice of nature but the God of nature pronounceth, 
Luc. 10.7. 1 Cor. 9  that Dignus est operarius mercede, Luc. 10. And St. Paul reasons thus. Who goeth to warfare any time at his own cost? who planteth a Vineyard, and eateth not of the fruit thereof? who feedeth a flock and eateth not of the milk of the flock? If we have sown unto you spiritual things, is it a great matter if we reap your carnal things? Thus the Apostle excellently, and by way of Analogy to the equity of this due, brings arguments such as the wit of man cannot move, much less overturn them: For what are Visitations other then laborious travelings from place to place, joined with an industrious vigilancy and circumspection in the Visitors, and for this very end, Ne quid detrimenti capiat Ecclesia; to keep Christ's Vineyard from havoc and spoil, to see unto aswell the building and holding up of the spiritual Temple, as the fabric of God's material House. He plants, he sows, he feeds, his labour is painful, and his care great, and all to eradicate sin, and to encourage virtue. In a word Schismata componere 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, 1 Cor. 12. Caetera disponere, that all things may be done 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, 1 Cor. 14.14. In a word thus, 
Act. Concil. Trid. sess. 24. cap. 3.  Visitationum omnium istarum praecipuus sit scopus sanam orthodoxamque doctrinam expulsis haeresibus inducere, bonos mores tueri, pravos corrigere, populum cohortationibus & admonitionibus ad religionem, pacem, innocentiamque accendere. So the Trent Council (I would in all things so) right and well. And long before that Council, Innocent the Third our of the aforesaid General Lateran Council declaring the right use of a Visitation, 
Ext. de Censibus ca Procurationes.  sets it down thus: Porro visitationis officium exercentes non quaerant quae sua sunt, sed quae J●su Christi, praedicationi & cohortationi, correctioni & reformationi vacando. So then this being, as you see, a burdensome and a toilsome task, a labour of pain so necessary, and withal conducing to so good an end. It is but just that some answerable compensation should be made, some exhibition yielded to the Visitor, by him or them who principally are interessed in the good of his travel. Neither stands this payment or exhibition upon conveniency only, but necessity also. There is a debetur in it, saith Vallensis, upon which the Visitor found'st his claim, and such a debetur as admits of no opposition or stop in Law to cross it; for the argument holds strong, 
Gloss. in ver. Consuetud. c. Cum ex ossicii, Ext. de Praesc●iptionibus, Ext. de Censibus c. Cum Venerabilis.  Episcopus cum visitare jure communi debuerat, de jure communi debet habere tune Procurationem, quia nemo suis stipendiis cogitur militare. Here is the reason of the due! And it is a rule in Law, that Accessorium sequitur naturam sui principalis. And if ex debito principaliter the Bishop or Visitor ought to visit, then ex condigno accessory he ought to receive, no man will deny; for a nearer relation there seems not to be between work and wages, then is between Visitation and Procuration; yea, so near they are, that no negative prescription, to wit de non solvendo hath been held available in plea or proof at Law against the right of Procuration, especially as it relates to Visitation, except in the case of Papal privilege or extreme poverty of the visited. 
Gloss. in c. venerabili v. rationable, Ext. de Censious.  In the decretals mention is made of a certain Archbishop, namely the Archbishop of Sens (Senonensis) a ●rench Prelate, 
Exteod. e. ex Offic●i.  that visiting of his Province, he came unto the Churches of the Abbot of St. Maglore, and of the Prior de Castres', and of some others in the Diocese of Paris, which he visited, & eâratione demands Procurations, which were denied him for this cause, namely for that they had not formerly been yielded to the Predecessor of the said Archbishop. Hereupon the Archbishop proceeds, and suspends all that stand out, and refused to satisfy his just demands; and afterwards upon their further contempt excommunicates them, and so acquaints Pope Innocent the Third with what he had done: Who presently writes to the Bishop of Paris, letting him to know, that forasmuch as against Procurations due ratione visitationis no praescription ought to be admitted, as neither against a visitation itself, although both might haply in respect of time be prescribed against. Ideoque mandamus (saith the Text) quatenus sententiam quam in bujusmodi contemptores de antiqua Metrapolis consuetudine tulit Arthiepiscopus memoratus usque ad satisfactionem condignam factas observari. Thus Pope Innocent. And after the same manner did Honoriu● the Third write on the behalf of another French Bishop (to wit the Bishop of Maine (Cenomanensts) which Bishopric, 
Gloss. in v. non solverunt c. Venerabili, Ext. de Censibus. & ibi textus.  as I suppose, is within the Duchy of Anjow) complaining against the Abbot and Covent de Cultura of his Diocese that refused to pay him Procurations in his visitation, alleging this for their reason, Quod ipsi hactenus Procurationem non solverunt, which being not admitted for a good plea, the said Pope rescribes thus: Discretion's vestrae (writing to the Abbats de Tyron and Josaphat, his delegates in that cause) Mandamus quatenus nisi aliud & rationabile ostenderint, vos eos ad exhibendum eam sicut jus dictarverit compellatis. To this effect Honorius; 
Ext. de Censic. cum nuser.  and after him Gregory the Ninth sends out his Mandate to the same purpose throughout the Province of Benerventum in the Visitation of an Archbishop there. We may conclude therefore out of the Canon Law, that Procurations are due, and aught to be paid ratione visitationis. And so I have done with the second Quaere. The third and last is,  
3. Whether Procurations be only due Ratione visitationis, and no other wise?  
I answer, not so only, though principally so. The Canonists ex hypothesi propound this question, namely, that if a Church be so near unto the Visitor that there needs no travel, and so little or no labour is bestowed in the visitation thereof whether a Procuration may lawfully be required from that Church? And albeit the question be negatively held by some, yet by the most it is affirmatively answered, 
Gloss. in ver. peragrando. §. ulterius apud Lancellotum Inst. juris Canon. l. 2. tit. 21. ubi de Censibus. Hostiens. sum. de Censibus, §. a quibus.  namely, That Procuratio solius laboris in tuitu non exhibetur, sed etiam in signum superioritatis, & ut facilius Praelati ad visitandum inducantur: So that howsoever the visitors pains be but little, and his charges nothing at all, yet is not the Procuration for that cause to be lessened, it must be yielded notwithstanding, in signum superioritatis. But to come nearer to the point, Boniface the Eighth, of whom mention is made before, writing to a certain one whom he had appointed his Collector, to gather up a Tenth from all Ecclesiastical Live, and persons throughout Italy and elsewhere, for the maintenance of a war he prosecuted in the Kingdom of Sicily, and intimating to him whom he would have charged, and whom excused, saith thus, De illis autem Proourationibus quas Praelati in pecuniâ numeratâ rite percipi●nt ab antiquo, & quas perciperent, ettamsi non visitarent decimam praestare tenentur. And again, 
Extrav. common. de Decimis c. Declarationes.  Praelati autem qui Procurationem quam sine visitatione potuit de jure percipere in pecuniâ numeratâ, etc. By which it is manifest that there is Procuratio sine Visitatione; 
Ext. de Censibus c. quanto. Gloss. in. v. Visitationis c. Piocurationes, ext. cod. C. Ad nostrum eod. in Clem. C. vas electionis cod in Fxtravagant. Gloss. in v. non solverunt, c Venerab. ext. de Censibus.  But what Procuration is here praecisely meant may fall into question. To which I answer, that I find mentioned in the Canon Law divers kinds of Procurations, arising from different reasons; as namely first from Visitation, secondly Pact, thirdly Privilege, fourthly and lastly Custom; all which, as they did arise from different reasons, so were they paid at the first in a different manner. Victuals were anciently and solely the visitation Procuration till this Pope Boniface his time who made money passable in lieu of victuals for that payment. The rest, as I conceive, were all paid in money; so than the Procuration from whence the Pope was to have a Tenth, being in pecunia numerata, and being then ex antiquo, et de jure, in that sort due, as in the Text is evident: And money for visitation Procurations, but even newly tolerated to pass: both Visitation and Custom too as prescribed from that right, are quite excluded from the causality of this pay in this place, as i take it. It is probable then, that from one of the other Reasons of Procuration the Tenth before spoken of was requirable, but for which of them, as it is not much material on my part curiously to seek after, so neither is it of consequence for any to know, there being at this time no Procuration from any such cause, to wit, of Pact or Privilege, in use of receipt in this Kingdom, that I know, or have yet heard of. That which I intent, and aim principally at in the solution of this third and last Quaere (and is of frequent use in these times) is to set forth the claim that Custom makes, and the right that surely it hath to this Ecclesiastical payment of Procurations sine Visitatione. To make good therefore the receipt of Procurations by this reason, we are first to set down the special properties required in a prevailing Custom, which, in short, are chief two: The first is, that it be rationabilis: The second, that it be legitimè praescripta. Now that Custom is said to be rationabilis, and so consequently inviolabilis, 
Gloss in v. Rationabilis. c. Cumtanto. Ext. de Consurtu●l. Distinct. 11. c. Consuetud. etc. Eccles. Const tutionum.  quae nec divivo juri contradicit, nec obviat Canonicis institutis, that contradicts not the divine Law, nor meeteth the Canonical Institutes in the front of opposition. And that is said to be legitimè praescripta, 
Gloss. in ver. usque ad boc tempus, c. servitium 18. q. 2.  when bona fide it is prescribed for the space of 40 years, If these two, to wit, Reasonableness and sufficient continuance of time do meet together in a Custom, they make that Custom 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, impregnably strong. As on the contrary, upon the want of Rreason it is as easily overturned, though never so ancient by that known rule in the civil Law. 
Paulus l. 29. H. de Regulis juris.  Quod initio vitiosum est non potest tractu temponis convalescere; and that in the Canon Law, 
C. non sirmatur 18. de Regulis juris in 6ᵒ & Din. ibi.  Non firmatur tractu temporis quod de jure ab initio non subsistit, there being no Custom of such praevaling authority, ut aut Rationem vincat, 
In l. 8. tit. 32. C. Quae sit longa Consuetudo.  aut Legem, as the Emperor well determines. Now they that turn upon this hinge, I mean that receive Procurations upon the ground of Custom, must look that their receipt or claim be both rationabilis & legitimè praescripta. And this appertaineth especially to such Archdeacon's that receive Procurations in the L. Bishop's Triennials, and yet visit not, whereof there are divers in this Kingdom. Certainly the time was, that Archdeacon's had jus visitandi quolibet anno, and did accordingly visit, & ea ratione receive Procurations, 
Gloss. Lind. in c. 1. in ver Visitation. Provinc. Constitut. de●ssic. Archid. l. 1.  the Gloss upon the Provincial Constitutions intimates as much. And in the Decretals de officio Archidiaconi, we read that Pope Alexander the 3. wrote unto the Bishop of Coventry, and to the Abbot of Chester, and commands them to forbid the Archdeacon of Chester to visit the Churches within his Archdeaconry above once a year, 
Ext. de offic. Arch d. c. Mandamus & Gloss. ib. in v. soepius visitare.  Nisi talis causa emerserit propter quam ipsum oporteat praefatas Ecclesias soepius visitare. Once a year and no more, Nisi talis, etc. which implies that once a year at least he might; surely in ages past he might do so: 
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  But Time that turneth all things upsidedown, & makes them seem to be what they were not, hath altered the course of former days, and brought it now to this issue, namely, that the Archdeacon's (not all, but of many places) must one year in three suffer the light of archidiaconal authority to be eclipsed by the greater light of Episcopal power, and content themselves with their Procurations only, which yet the Clergy in many places think much to pay, in respect not only of the many payments that lie heavy upon them (wherein those of the meaner rank are much to be pitied) but especially because the Archdeacon's demands at that time doing no service at all, seem to them to be altogether unreasonable. For the receipt then of Procurations by Archdeacon's in the years of Episcopal visitations, when some of them visit not; and to make the Custom by which they receive them firm and good. They are first, as before is said, to show sufficiency of cause and reason for this receipt, to make it rationabilis; and next to set forth sufficiency of continuance to make it legitimè praescripta. In explication whereof, and application to our present business, I intent to be very brief, beginning with the former part or property of a good Custom, namely Reasonableness. But with serious protestation in the first place, that I labour not by any argument to introduce a payment that hath not formerly been, or to impose a burden heretofore not known or born; for that were in effect to go about 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and to meddle with things that ought not by any private fancy to be moved or meddled withal, that were little else then 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, 
Isocrates.  foibidden by the Orator as perilous in a well settled State. No, but my endeavour shall be to offer such reasons as I can for payméts now in use in places where they are used, and to stretch out the line of my discourse no further; which if they prove to be of weight, it may haply fall out, that what formerly the Clergy (to their great charge) contradicting this payment, have in contradictorio judicio been forced to pay, and what at this day they pay, though discontentedly, as being conquered rather by Law, then fully satisfied in point of reason, they will with a willing mind 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as the Apostle, 
2 Cor. 8.12.  readily, cheerfully, and peaceably tender to their Visitor. I o proceed then; Procurations are in effect the Living of the Archdeacon valued to him in the King's books, for which he payeth yearly Tenths, and Subsidies also, as they fall out to be due. And should a man yearly pay, and not yearly receive? No, for the contrary to be the intent and meaning of the Kings and Queens of this Land may evidently be demonstrated: 
Et ulterius de ampliore gratiâ nostra exoneravimus etc. praefatnm— de omnibus & am nimodis Corrodiis, Reddit. feod. annuitat. pensionibus, portionibus, etc. Praeterquam de— de eadem Rectoria de— exeun', ac Archidiacono de— & successo●bus suis pro Procurationibus & Synodalibus Annuatim solvend. etc.  For that in such Grants, as I have seen from the Crown of Impropriate Rectories, those payments (annual payments) of Procurations, and so of synodals too, are continued and left as a charge (though many other burdens are taken away) upon the Proprietaries. Again, whereas many other Ecclesiastical Live, since the Certificate of their value into the Exchequer about the 26 of H. 8. are improved and made better; Procurations are like the Talon hid in the napkin, they continue without one farthing improvement. Improvement do I say? Nay, I am persuaded that few Archdeacon's receive in Procurations to the sum of their valuation: Poverty sometimes of the Incumbents death, and such by blows, cuts them short of many, and makes them heartless, to seek where little or nothing is to be found. And yet are they charged with full payments of Tenths and Subsidies, which are high upon fruits of this nature; for valued by the penny as these Procurations are, 5 l. out of 50 l. goeth out for Tenths alone: And shall a man pay, pay thus, and not receive? surely he that is necessitated to pay, should necessarily receive (and doubtless with good conscience he may) that which occasioneth and is the sole reason of his pay; yea, the receipt of Procurations in this case is so fare from being unconscionable in the Archdeacon, though he visit not, that the detaining of them seems to me to be unreasonable; For in that the Archdeacon's some of them (I say some of them, 
Ab. sic. super 2● 1● i de officio Archid, c.  Archidiaconus.  for all are not excluded) visit not in the L. Bishop's Triennialls, the fault's not theirs, when not out of wilful omission, but Canonical submission, they forbear to visit, and strike sail to the commandment of their superiors: And shall they for their obedience be deprived of their accustomed rights? I leave that to the judgement of indifferency. The Rule of Law, and surely of Reason too, is, 
Ca Imputari 41. de reg juris in 6o.  that Imputare non debet ei per quem non stat, si non faciat quod per eum fuerat faciendum. A man in the Law is not held to be faulty for omitting to do what by his superior he is not permitted to do. Nither is it of weight (as I conceive) that some urge, That forasmuch as all Archdeaconries, or the most part of them have their corpse, to wit, some spiritual dignity or promotion appendent to them, the Archdeacon that hath such Corpse ought to live upon it in the years when he visits not, and out of the profits arising thence (poor and jejune perhaps) to sustain and defray the whole charge of the Archdeaconry. It is true that many, yea most Archdeaconries' have their Corpse annexed to them, but none that I know sine sarcina, none but hath its peculiar payments and charge of Tenths, Subsidies, or Pensions, or all together appendent, even to the full, as much, or rather more than any other Ecclesiastical Living of that nature. And to charge them with more than their own burden (which is found of times heavy enough) would be ahard imposition, to speak the least. But especially, if it should so happen that the Archdeacon had no other means (as such there have been as well in this Kingdom, which I could name, as in foreign parts, 
Duaren. l. 2. c. 4. de sacris Eccles. ministeriis & benesiciis.  as Duarenus doth remember) then were it indeed intolerable, and the rather in two respects especially: First in respect of his Order, for therein considered he is a person of special and remarkable Quality. Seconly, in respect of the Office that he sustains, 
Ab. sic. super secunda prim. de offic. Archip●e b. c. ut Archipresbyter.  which is Dignitas principalis post Episcopum in Ecclesia: and upon which there is, at least in former times there was, so much dignity appendent in regard of the amplitude of power and jurisdiction that he had under the Bishop, that Philip, a fifth Son of Lewis the Gross King of France, 
Pa●lus Aemilius Tilius.  disdained not to take upon him the Office of an Archdeacon in Paris, as Stories tell us. And for such a one to want correspondent accommodations is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, 
Ext. de Office. Archid. C ut Archidiaconal, etc. Ad bae●. Onuphr. Pantan. Int●rpr. vocum Ecclesiast. in sine Chron●ci ●ui ad Platin. de vitis Ponus. p. 61.  a most unseemly & absurd thing. He is called Oculus Episcopi, Diaconus circumlustrator & perscrutator. Vicartus post Episcopum ad quem in omnibus in Clero omnis cura pertinet, with such like Titles of eminency. Now should he be deprived of his just rights, it would come to pass that his care would be so much to provide necessaries for himself at home, that he should find little leisure circumlustrare, to look into the field of the Church, and to take care for others abroad. But I know with whom I have to do, they are Scholars whose readiness to apprehend a reason and ingenuity to acknowledge a right, I trust will prove such, as that I shall not need to beat more ground for reasons; which yet were there cause, I could easily add to give them satisfaction in this point, namely of the Reasonableness of the Archdeacon's receipts of Procurations in the L. Bishop's Triennials. I descend therefore to the other property of a prevailing Custom, namely, Sufficiency of Continuance, whereof in a word.  
It hath been Vltra hominum memoriam, and so equivalent to an Imperial Privilege or Constitution; 
F. de aqua quotid. & costiva l. 3. §. Ductus aquae.  for it is an hundred years since the Certificate upon the Commission of Melius inquirendum concerning Ecclesiastical Live was returned into the Exchequer, at what time it was certified what particular payments were yearly then made to the Archdeacon's of the several Dioceses in this Kingdom out of Ecclesiastical Live; and thereupon their receipts became accordingly valued in the King's Books, and so stand unto this day. And lest the Church by means of the suppression of Monasteries, and other Religious Houses (from whence Procurations, and such like deuce before that time had been usually paid to Ecclesiastical Governors) should receive detriment, and be impeached in its former accustomed receipts & rights, when all the Lands and Possessions of those Religious Houses were settled in the Crown, & came into the King's hand by Act of Parliament, there was afterwards another Act of Parliament in the 34 of H. 8. by which a strict provision was made for the due payment of all such Ecclesiastical rights, as namely Pensions, Portions, Corrodies, Indemnities, Synodies and Proxies, that were payable to, and in the possession of any Ecclesiastical person. Ten years before the Dissolution, no preceding visitation, or other causal act or motive inducing thereunto, more than that such due had accustomably been paid out of the said Religious Houses.  
And thus have I run through, and given answer briefly to the third and last enquiry, wherein I have endeavoured to prove: First, that there is Custom for the receipt of Procurations without visitation: And secondly, the same (from the grounds of Reason and Continuance as to that point) to be warrantable & good. And to make the matter clear, I have thought good to subjoin, as most pertinent and satisfactory (such in my opinion) to the present business, the subsequent Case of Proxies; which (devested and stripped from its ancient Norman dress, and clad in plain English) presents itself to the Readers view as followeth, viz.  

Trin. 2 Jacobi in the Exchequer.  
The Case of Proxies Between the KING and Sir Ambrose Forth, Dr. of the Civil Law, and one of the Masters of the Chancery. The Case was this.  
THe Bishop of Meth before the dissolution of Monasteries had a Proxy of 15 s. 4 d. payable yearly out of the Commandery of Kells in the County of Meth, parcel of the possessions of the Hospital of St. John of Jerusalem in Ireland, and another Proxy of 20 s. payable yearly out of the Impropriate Rectory of Trevet in the same County, parcel of the possessions of the Abbey of Thomas-Court in the County of Dublin.  
In the 33 year of Hen. 8. the said Hospital of St. John of Jerusalem, and the said Abbey of Thomas-Court were surpessed and dissolved, and the possessions of both the said Houses were vested in the actual and real possession of the Crown by Act of Parliament. But in the same Act there is an express Saving of Proxies to all Bishops and their successors. After that the Bishop of Meth and his Clergy (for that Bishopric hath no Dean and Chapter) did by Deed enroled, dated 16. Martu 36 Hen. 8. grant the Proxies aforesaid (inter alia) to K. Henry the eighth, his Heirs and Successors, the said King being at the time of the Grant and after in actual possession of the said Commandery and Rectory, out of which the said Proxies were payable.  
Afterwards Q. Eliz. by her Letters Patents dated 1 Novembris in the 33 year of her reign, did demise the said Commandery and Rectory to Dr. Forth, rendering rend without any reservation of Proxies. And whether he shall be now charged with the said Proxies, and with the arrearages of them incurred since the commencement of his Lease was the question? and it was adjudged that he should be charged: and three points were stirred, and debated in the argument of that case.  
1. Whether the Proxies were utterly extinct by the suppression & dissolution of the said Religious Houses of St. John of Jerusalem, and Thomas-Court, notwithstanding the Saving within the Act of Dissolution?  
2. Whether the Bishop can grant the Proxies to the King?  
3. Whether the Proxies were extinct in the hands of the King by the unity of possession.  
For the first point it was objected by the Counsel of Sir Ambrose Forth, that these Proxies were extinct by the suppression and dissolution of those Religious Houses; for that the visitation of these Religious Houses was the sole cause of the payment of Proxies, Et cessante causa cessat effectus. For those Religious persons being deraigned and dispersed, were not after that subject to Visitation; and then when the Visitation ceased, the Proxy being also an exhibition given to the Visitor, for his travelling charges shall cease also. For Procuratio, (as the Canonists define it) est exhibitio sumptuum necessariorum facta praelatis qui dioeceses peragrando Ecclesias subjectas visitant.  
Yet they agree that the Visitation ceaseth not immediately by the surrender, or by the Act of Parliament which giveth those Religious Houses, and their possessions to the Crown: for by that their Corporations were not dissolved, as 'tis held in the Case of the Dean and Chapter of Norwich, in the third part of the Lord Coke Reports, 15. Ass. p. 8. 32 Hen. 8. Br. Corporations 78. But when those Religious persons were deraigned, and had relinquished their habit, rule, and order for which they were visitable, than the Corporation was utterly dissolved, and upon that the Visitation ceased.  
And they resembled the Proxy due for Visitation to an Annuity pro consilio, or pro servitio impendendo. If the Counsel or Service be withdrawn, the Annuity is determined. So if a rend charge be granted for a highway: stop the way and the Rent-charge shall be also stopped. 9 Edw. 4.19. 15 Edw. 4.2. 21 Ed. 3.7. 45 Edw. 3.8. Dier 6. Hen. 8.2. & 6 Ed. 6.76. So also where a Corodie is granted for certain service to be done: Omission of the service determines the Corodie, 20 Edw. 4. fol. ultimo.  
'Twas also said, that this duty was not annual, but contingent, and payable only at every visitation; as Escuage for every journey Royal; or as Aid for marrying of a Daughter, or for making a Son a Knight. In which last Cases, if an Avowry be made for Aid, 'tis a good plea in bar thereof, to say that the Avowant had not such son or Daughter alive at the time of the Aid levied, N. N. Br. 82. g.  
And for the Saving they said, that the same was a Flattering Saving, which could not preserve the Proxies in being which the Law had extinguished, as it was held 14 Eliz. Dier 313. That the Tenure of Obits or Chantry Lands held of Subjects are extinct by the Act of 1 Ed. 6. notwithstanding the Saving in the said Act propter absurditatem: So the Proxies in like manner shall also be extinguished proptor absauditatem. For as it is absurd that the King should be subject to attendance in respect of Tenure, so it is absurd that the King should be subject to Visitation, or to any duty in respect thereof. And of the same nature are many Save, put in Walsinghams' Case, Blow. Com. 563. which are there called Flattering Save.  
For the second point, it was objected, That the Bishop could not grant the Proxies to the King for two Reasons: The one deduced from the person of the King, the other from the person of the Bishop.  
First for the King, admit that he were capable of such Spiritual Office, as to be Visitor of Religious persons, yet shall be not have Proxies in respect of Inconveniency and Indecency, and also Impossibility; for it is not convenient or decent that these poor Religious persons should bear the charges of the King, and it is also impossible: for by the Canon Law Procuratio exhibenda●est secundùm qualitatem personae visitantis. And the Majesty of the King's person, and the greatness of his Train is such, that by presumption of Law no private person can bear his necessary charges, or make entertainment for him correspondent to the quality of his person. And therefore 'tis held 27 Henr. 8.10. b. That where Common sins number was granted to an Abbot, and his Successors out of the Manor of Dale, that after the Dissolution the King shall not have the Common sans number; for it is there said, that if the King have it he may surcharge the Land, which the Law will not suffer. As if a Villain purchase Common sans number, the Lord shall not have it for the reason aforesaid, for then the Tertenant may lose the profit of the Land.  
For the Bishop, though lie may grant his Temporal possessions, with the assent of his Chapter or Clergy, yet those duties that he hath by Prerogative of his Episcopal chair, or as incident to his Spiritual function, he cannot grant, which according to the Rule of the Canon Law are of three kinds. 1. Subisdium Cathedraticum, which is a duty of Prerogative and Superiority. 2. Quarta Episcopalis, which is given to him for the Reparation of Churches. 3. Procurationes for his visitation, ut supra, which is a perquisit or profit of his Spiritual Jurisdiction: as Creation money given to a Duke or Earl for maintenance of his honour, cannot be granted over: 6 Hen. 8. Dier 2.2.  
For the third point they said, that albeit the Proxy be a personal thing, payable only in respect of the persons visitable; yet admit that these Proxies are become real, and that the Commandery and Rectory be charged with the same Proxies: then the unity of Possession extinguisheth them in the hands of the King. As a Lordship, Rent-charge, Common, and the like are extinguished by the purchase of the Tertenant, if he hath equal estate in the Land, and in the thing which chargeth the Land. And to this purpose the Case of 2 H. 4.19. a. was put; where 2 Prior had an Annuity out of a Parsonage by Prescription, the Parsonage is appropriate to the Priory and the Annuity is extinguished for ever.   

But on the other part it was answered by the King's Council, and resolved by the Court.  
1. THat the said Proxies were not extinguished by the Dissolution of the said Religious Houses, but were well preserved and saved to the Bishop.  
2. That the Bishop had well granted them to the King.  
3. That the unity of possession in the King's hand did but suspend, not extinguish the Proxies.  
As to the first point it was observed: First that Proxies had not their original in the primitive Church; for St. Paul visiting all the Churches which he had planted in Asia and Europe, demanded not any Proxies, but laboured with his own hands for his maintenance, that he might not be burdensome to the Churches. Yet long after the Canon Law, which declares that Proxies are due to the Bishops in their Visitations, saith, 
Inslit. Juris Canon. l. 2. ca de Cens.  that it is agreeable to the doctrine of St. Paul;  a quibus spirit●alia recipimus eisdem temporalia communicemus.  
Secondly 'twas noted that the same which we call Proxy or Procuracy, is termed by the Canonists Procuratio, because that in overy Visitation the persons visited procured necessary provision for the Visitors, which provision at the first was in victuals, viz. in Esculentis & ●o●ulentis; and that was do be received with moderation and temperance, 
Distinct. 35. c. Eccles.  Ne jejuniorum doctrinam rubentibus buccis praedicent, as it is said in one of the Canons.  
But afterwards, when the pomp and excess of the Visitors required so great Provisions as were grievous and intolerable to Churches and Religious Houses, than every Church and Religious House was reasonably taxed; and thereby Proxies reduced to a certain sum of money payable yearly in the nature of a Pension to the Ordinary, who had power of visitation merojure, as 'tis said 10 Eliz. Dier. 273. b.  
And this was aptly resemble to Socage in our Law, of which littleton saith, That in ancient time a great part of those Tenants which held of their Lords by Socage, did come with their Soaks [their Ploughs] certain day's in the year to plough and sow the Demesnes of the Lord; and because that such works were done for the livelihood and sustenance of their Lords, they were acquitted against their Lords of all other services.  
Afterwards these services were changed into money by consent of the Lords & desire of the Tenants, that is, into an annual rent. And as the Tenants in Socage after the said change paid their rents yearly to the Lord, although he had aliened his demesnes, and had no land to be ploughed or sowed; so the Churches & Religious Houses, after the Procurations of victuals were reduced to a certain sum, paid them yearly to their Ordinary though he made no Visitation; and so the Rule of Cessante causâ●cessnt effectus holds not in these Cases. And to this purpose directly is Sir William Capulets Case put in Luttrels' Case, in my Lord Coke his fourth Report, where it was resolved, That Land being holden by a Rent payable for the keeping of a Castle, that though the Castle be demolished or decayed, yet the rent must be paid: For 'tis there said, That where the Tenant holdeth of the Lord to keep or repair the Castle of the Lord, and afterward such service (as Littleton saith in the Case of Socage) was anciently by mutual consent of Lord and Tenant) changed into an annual rent, although the said rent be pro warda Castri, yet the Lord cannot have the keeping of the Castle back again when he will; for after the composition and change made, the keeping of the Castle is utterly gone. And Pro imports no condition, as in the Case of an Annuity granted pro consilio impendendo, but a plain and perpetual recompense and satisfaction. By the selfsame reason in our Case, albeit that the Parsonages impropriate are now made layfee, ad are come into the hands of lay Gentlemen, which are not visitable; and though that the Religious Houses are suppressed, dissolved, and overthrown, as the Castle in Sir William Capulets Case; yet the said certain sums of money which came in lieu of Proxies, and retain the name of Proxies, and by ancient composition are become parcel of the certain and settled Revenues of the Bishop, shall remain for ever, and shall not be subject to exinguishment, no more than Annuities, Pensions, or Portions of Tithes, which are paid to this day out of many Abbeys & impropriate Rectories, and the original causes for which they were first granted or paid, shall not be now examined or brought into question. And at this day the King himself doth pay and allow Proxies out of all Impropriations which he hath in his possession; and therefore in every Lease made by the King of an impropriate Rectory, the Lessee doth covenant to discharge all Proxies, Synodals, Pensions, etc. And Sir Humphrey Winch then chief Baron (at the hearing of the said Cause) said, That before the dissolution of Monasteries, where a Rectory was Appropriate to an Abbey immediately the Visitation ceased as to the Rectory; for the Abbot was not visitable as Rector for his doctrine, but as Abbot for his rule and order: And yet without question the Ordinary had his Proxies out of all Parsonages appropriate to Abbeys as well before the dissolution as after.  
And for the Saving in the Act de 3● Hen. 8. ca 5. the same is no idle or Flattering Saving, but real and effectual: for it is agreed before, that those Proxies were in being at the time of the making of the Act, and not extinguished by the surrender of the Religious Houses; for their Corporations were not dissolved until the Religious persons had relinquished their houses, and were dispersed. And then such things as were in Esse at the time of the making of that Act might well be preserved & saved by the Act, though the things extinct before could not be revived by a Saving without express words of Grant and Restitution. And this difference appeareth plainly in the Case of Kekewich 27 Hen. 8. Brook Parliaments 77. And in Sir John Molins' Case in the sixth part of my Lord Coke Reports.  
2. As to the second point it was resolved, That Proxies in their original nature, being duties payable for visitation, were grantable to the King, and the King was capable of such grant, especially when the said duties were converted to a sum of money certain, in the nature of a Pension or Annuity: for by the ancient Law of the Realm the King hath power to visit, reform, and correct all abuses and enormities in the Church; and by the Statutes made in the time of Hen. 8. the Crown was only remitted and restored to its ancient jurisdiction, which was usurped by the Bishop of Rome 33 Ed. 3. Fitz. Aid del Roy. 103. Reges sacro oleo uncti spiritualis jurisdictionis sunt capaces. And Proxy is a profit of Jurisdiction, 10 Hen. 7.18. Rex est mixta persona cum Sacerdote: Also by the Common Law the King might have Tithes, of which no [mere] lay person is capable: 22. Ass. p. 75. 21 H. 7.1. The King himself shall visit his Free Chapels and Hospitals: 8. Ass. p. 29. N. Br. 42. a. And Cassaneus in Catalogo Gloriae mundi, part. 5. consider. 24. citys a text of the Canon Law, viz. Quòd omnes Reges dicuntur Clerie●; and another text that saith, Quòd causa spiritualis committ● potest Principt latco.  
And where it was said, that in respect of the greatness of the King and his Train, competent Proxies could not be ministered to him, and by consequence could not be granted to him. This objection is taken away, in that the Proxies at the time of this Grant were reduced to sums of money certain: As also the Rule of the Canon Law is not plainly cited before, for the Rule is Procurat●o exhibenda est secundum qualitatem personae visitantis & substantiam visitatorum.  
It was further resolved, That the Bishop with the assent of his Clergy might well grant these Proxies to the King for that the Law hath qualified the person of the King to receive such Grant, albeit the same be such a Prerogative of the Bishop that cannot be assigned to any other. As the Creation money of a Duke or Earl may be granted and surrendered to the King, though it cannot be granted to any Subject. Also Proxies being now reduced to a certainty in money, and so made parcel of the certain settled and perpetual revenue of the Bishop, might be as well granted by him as a portion of Tithes, or an annuity, or any of his Rents, Services, or other Hereditaments temporal.  
3. And as to the third point, it was also resolved and adjudged, That the unity of possession of Proxies, with the Rectories impropriate and Religious Houses, out of which Proxies were payable, did not extinguish the Proxies in the hands of the King, but suspend the payment of them only pro tempore quousque, the King by his Grant should sever the one from the other.  
For the finding of the Law in which point, the nature of these things was considered, which in any fort might be subject to drowning, or extinguishment by unity of possession. And they were said to be of three kinds, as  
First, Estates in Land.  
Secondly, Actions real, and Titles to Land.  
Thirdly and lastly, Things issuing or coming out of Land, or taken and had upon Land.  
Estates in land are properly drowned or confounded, when a lesser estate concurs with a greater in the same person, and in the same right: as Terminus & feodum non possunt constare simul in una eademque persona; and a pregnant reason thereof is put in the Case of Bracebridge, Piowd. Com. 3 9 b. because Term is a time finite, and Fee-simple is a time infinite; of necessity than the finite must be drowned and confounded in the infinite. Ob. But that's confounding, and not extinguishment: for if a particular Tenant grant or surrender his Estate to another in Reversion, the particular Estate is not extinct, though it be drowned and confounded; and if a particular Tenant hath charged the Land with rent or other encumbrance, the Estate shall remain in being to this intent. And in truth Estates in Land, and right to Land, are things of such substance which cannot be extinct, or penitus interire. And therefore Littleton saith, that if a Disseisee, when his entry is taken away, releaseth to the Tertenant all his right, that that shall not enure by way of Extinguishment; for the right that he had passed to the Tenant by his Release. And it were inconvenient that such ancient right should utterly be extinct: For, droit ne poet pas morier.  
But things that issue out of the Land, as Lordship, Rent-charge, etc. are subject to extinguishment to all intents. As if a Lord grant his Seignory or Lordship to a Tertenant and a Stranger, there shall be no joint-tenancy or survivor between them, for the moiety of the Lordship is extinct to all intents and purposes: Ploughed. Com. 4.9. a. And if a Lord release to a Tenant all his right in the Lordship or the Land, such release passeth by way of extinguishment against all persons: Littleton 112. b.  
Secondly, Real actions also, and conditions are subject to extinguishment, and that is quasi by unity of possession. As in all cases of Remitter, There, he that hath right of action for Land, hath also the possession of the Land itself; so that there is not any person against whom he can bring his action, and for that cause the action is extinguished for ever.  
And upon the same reason, Condition which gives title of reentry in Land is extinguished by purchase of the Land, or part of it: 8 H. 7.8. b. 33 H. 8. Br. Extinguishment 49. So warranty is extinguished by Reinfeoffment or Descent of Land to the same person that had the Warranty: 40 E. 3.13.  
Thirdly, Things issuing or coming out of Land, or taken and had upon Land are of three kinds, and from those different kinds of things these differences do arise.  
If things have their original and commencement out of Land, and no otherwise, and are due in respect of Land only, and are part of the profits of Land, such things shall always be extinguished by unity of possession; if a man hath equal estate and right in both together. Of this nature is Seignory and real services: 3 H. 6.1. a. 40 E. 3.40. b. Littleton 49. a. 122. b. 34 Ass. p. 15. Rent-charge: Littleton 48. b. Dier 140. b. Common 11 H. 4.5. a. 24 E. 3.25. b. Chimin. 21 Ed. 3. a. 11 Hen. 4.3. a. And two reasons of this rule were brought; one, For that the thing that's extracted out of Land, when it comes back again to the Land, will be naturally extinct; for there is Revolutio ad materiam primam, from whence comes natural extinguishment as well of man as of all other terrestrial things. The other more legal reason, is, That he that hath all profits entirely, shall not be said to have part of the profits, for part is confounded in the whole; and therefore a man cannot have Seignory, Rent, Common, or High way in his own land.  
But on the other part, things that are not issuing out of land, as parcel of the profits of land, but are otherwise derived and due upon other respect, albeit they are taken and had within certain land, yet unity of possession doth not extinguish such things. Of this nature are all Franchises; as if a man hath a Warren or Purlieu in the land of another, and afterwards purchaseth the same land, this unity of possession doth not extinguish the Franchises, but he hath them in his own land: 28 H. 8. Dier 30. b. 16 Eliz. Dier 327. a. 35 H. 6.56. a. So is it of Waif, Stray, Wreck, Leet, etc.  
Also, though the thing be part of the profits of the land, and payable by such person only that hath the land, yet if such thing had its commencement and original upon any personal respect, and not in respect of the land, and so the person only is charged, and not the land, such thing shall not be subject to extinguishment by unity of possession: and of this nature are Annuities, Dimes, Proxies.  
If an Annuity be granted in fee by apt words to charge the Heir or Successor, albeit the Heir or Successor shall not be charged without Assets of the land, yet if the Grantee of the Annuity enter upon this land, that entry neither suspends nor extinguisheth the Annuity; for the land is not charged, but the person in respect of the land; for if the land were charged it should not be an Annuity only, but a Rent-charge, and should be recovered by Distress and Avowry, which remedy the Law yields not for a mere Annuity. Also upon assignment over of such Annuity, Attornment should be necessary, which needs not upon the assignment of an Annuity, as is noted by Yaxley 21 H. 7.1. b.  
This point is made more clear, 10 E. 4.10. a. An Abbot brings a Scire facias against a Vicar upon judgement in an Annuity, being against the Vicar's Predecessor. The Defendant said that the Annuity issued out of the Manor of B, and the Tithes, Oblations and Obventions of the Vicarage, which Manor and Tithes make the Vicarage: and that the Plaintiff had made entry upon 43 acre's parcel of the manor, and had taken the Tithes. Hereupon judgement was desired, whether he ought to have execution. And the whole Court held that it was no plea, because that this recovery was upon a Writ of Annuity: for in the Writ of Annuity the person only is charged and not the land; and to say that he had made entry upon that land, where by his suit it appeared that the rent issued not out of the land, is no plea. And it is also there resolved, that in an Annuity against an Abbot upon the title of Prescription, it is no plea, That the Plaintiff had entered into parcel of the possessions of the Abbey. And in an Annuity against an Heir, though he shall not be charged if he hold not by Descent, yet 'tis no plea to say that the Plaintiff had entered into the land descending.  
But 21 H. 7. the case is more strong. A Parson of a Church was charged with an Annuity to another Parson by Praescription. The Parsonage out of which the Annuity was payable was appropriate to the Priory of Aliens, which Priory being suppressed by Ed. 3. was granted by Parliament to H. 5. Afterward E. 4. grants the Parsonage Impropriate to the Dean of St. Stephens against whom a Writ of Annuity is brought by the Parson that had the Annuity by prescription. And the Opinion of the Court was, That the Annuity was not extinguished by the grant of the Parsonage to H. 5. by Act of Parliament, though there be no Saving thereof, and that this Annuity is not given inclusive with the Rectory; for the Rectory was not charged with the Annuity, but the person of the Rector only. And albeit the payment of this Annuity might be suspended in the hands of the King, yet when the King had passed a Grant of the Parsonage, it should revive.  
As to Tithes, those are part of the profits of land, and do arise and renew from and out of land, and yet they shall not be extinct by unity of Possession, because they are originally due in a personal respect. For the ignorance and weakness of Lay persons, which needed instruction and confirmation in matter of Religion, was the original cause of the payment of Tithes. And the Parson of a Church claims not Tithes in respect of land, but in respect of the person of his Parishioner. And that unity of possession doth not extinguish Tithes: Vide 30 H. 8. Dier 43. 32 H. 8. Br. Dimes 17. And this Case of Dimes is a parallel of the Case of Proxies with which in all points it doth concur. For even as Instruction was the cause of payment of Tithes, so Visitation which was always accompanied with Instruction (Littleton ca de Frank almoigne 30. b.) was the cause of Proxies: and as ●yths are now due, & payable to Lay persons who have purchased impropriate Rectories, though they give no Instruction: So Proxies are due and payable to Ordinaries out of Impropriations and Religious Houses dissolved, though their Visitation cease. And as there can be no Praescription de non decimando, as 'tis commonly said in our Books. So the Canon Law hath a Rule, Quòd nulla est adversus Procurationem Praescriptio. Instit. juris Canonicil. 2. de Censibus. And therefore Proxies which resemble Tithes in other points, may well be compared to them in this point, viz. that they shall not be subject to extinguishment by unity of Possession.  
Thus have I imparted the whole Case of Proxies, which haply came into my hands after I had penned for my own private use the foregoing Treatise, which I the rather have set down at large, to the end that any party grieved at this payment might (by weighing all circumstances in the Case) either receive information for his satisfaction, or advantage (if there it be to be found) for his ease. And having thus fare forth traveled in the business, I leave both myself and my labour in this particular to the charitable censure of the discreet and courteous Reader. For my part I hope there is no man suspects me partial, nor shall find me so: this knowing age will soon discover such a fault, and being found not suffer it to pass without touch of reprehension. To be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, equally balanced, inclining neither to this or that hand, but with my uttermost endeavour to press, and facilitate the way towards Truth and Peace, was the resolution I brought with me when first I settled upon this argument. I say Truth and Peace were before mine eyes as my principal objects; which if I be not so happy as to find, it will excuse that I have cordially sought. To speak it in a word; what I could gather up at the shores and shallows (Littus enim legi, not adventuring to launch into the Ocean) I have faithfully to my power communicated concerning the point of Procurations. And now what shall I more say? 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, 
Concil. Nicen. Can. 6.  let not any private spirit (by overmuch curiosity and study of Innovation) causelessly go about to move things well settled out of their ancient places, nor (without evident inconvenience discovered, and judged by the eye of authority) so much as think of the word Alteration, but let ancient Customs stand. The wisdom of all times giving us to understand (from the nature of man so prone addicted to change) of what evil consequence such attempt may fall out to be by the difficulty 
* 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, c. F●●dar. Pyth. Od. 4. p. 112.  that is found oftimes to follow in the resetling of things (hastily and inconsiderately distrubed) in their former station and place. But I have done with this point, and do now descend to inquire after another Ecclesiastical payment, namely Synodals.    

De Synodalibus.  
FOrasmuch as I have here taken upon me to treat of this Synodal due, I think it not incongruous to say (however little yet) something of the Synod itself, because at that time it was usually paid. Now of Synods there are found sundry kinds, Ecumenical, National, Provincial, and Diocesan: Ecumenical is a Synod out of divers Nations; National out of divers Provinces; Provincial out of divers Diocese; Diocesan out of one Diocese only. The Ecumenical and National Synods were ever assembled by authority Imperial, Regal, or Papal. The Provincial by Metropolitans or Patriarches; The Diocesan by the Bishop of the Diocese. I recite them briefly, for to make a long Narration or Story of the manner of assembling, order of session, and form of proceeding observed in each particular Synod were to trifle out the time, and to waste Paper, yea overmuch to trespass upon the patience (as I fear I have already done) of the judioious reader, especially in this place, where the discourse upon that subject can be little else then a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, a work by the by, as we vulgarly say. Duarenus will briefly satisfy such as desire information in the point of Synods, 
Duarenus.  unto whom (l. 1. c. 11. of his book de sacris Ecclesiae ministeriis & beneficiis) I refer them. This only I would intimate, and I will do but little more than so (reserving a few words for Diocesan Synods only) how careful and how circumspect religious Emperors and godly Bishops in former times have been, by the often assembling of Synods and calling of Counsels (the frequent celebration whereof as it was praecipua agri dominici cultura, as the Council of Basil expresseth it: 
Consil. Basil Bin. to. 4. sess. 15.  So the neglect thereof was found to be very much disadvantageous to it, 
Novel. Const. 123. ca 10.  as the Emperor long before that Council in his Novel-Constitutions seems to complain) to prevent as well the overspreading poison of Heresy wherewith the field of the Church was in those times much infested; as also to allay (as much as in them lay) such tempests of contention as were oftimes stirred up by seditious and factious spirits to disturb the Common peace. The famous Ecumenical Council of Chalcedon, 
Concil. Chalced. can. 18.  in the time of Martian and Valentinian Emperors, graced with an Assembly of 630 Bishops, and before that a Council at Antioch, 
Concil. Antioch. c. 20. Cmcil. Nicen. c. 5.  and before them both the Council of Nice (all cited in the volume of the Decrees) made several Acts, That a Synod of Comprovincial Bishops should be celebrated in every Province twice a year (〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 say the Apostles Canons too) and once of that twice (as the Nicene Council hath it, 
Canon. Apostolo rum, ca 38.  differing in point of time from that of Antioch) ante dies quadragesimae; 
C. de Concil. 18. Distinct. etc. propter ibi, etc. habeatur. eod.  yielding this for the reason, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that all grudge and malice taken away, both Priest and People might offer an holy gift, and perform a pure Fast to God. But this being found in progress of time a task and travel too hard for Bishops (being for the most part old men) to continue, especially where their Provinces were of large extent (to instance Germany amongst the rest) the cause also of such frequent meetings being lessened, time saw an end of that custom; for near about the middle of the 5. Century, at what time Justinian's Novel Constitutions were first published & sent abroad. The Emperor finding a neglect of the observation of the double yearly Synod, commands thus (which the rather I set down in the very words of the Constitution out of the Greek original, for that I cannot find it in any Latin copy, 
Novel. Justin. Constitut. 123. c 10. impress. Parisiis 1542.  Gothofred or else) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. 
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, sortasse.  which constitution of the Emperor (receiving further strength by the sixth General Synod, 
Council constantinop. ca 8. Concil. Nicenum ca 6 Concil. Lateran. ca 6.  held at Constantinople about the latter end of the sixth Century: as also by the seventh General Synod celebrated at Nice about the latter end of the seventh Century: and long after by the Council of Lateran under Innocent the third, Anno 1215.) continued the course of a single (not interdicting or interrupting (in places where it was used) the custom of a double) annual Provincial Synod for divers hundreds of years within the Empire. 
August. de Civit. Dei. l. 2. c. 21.  But. Quid manet ex antiquis morthus (St. Austin thus breaks forth) quibus Ennius dixit rem stare Romanam, quos ita oblivione obsoletos videmus ut non modò non colantur, sed etiam ignorentur? So here, this Custom though never so good, and so long continued, hath long since been buried, as it were, in oblivion, and so worn out of common use, as that it is now as a thing unknown (quaereliquiae? quodve vestigium? 
Flor. l. 1. c. 11.  as the Historian of the Veientes) and as if it had never been. And yet not so as that it suffered utter abolishment: No, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, 
Sueton. in Domitiano.  a shoot from the same root sprung forth, and up it came again, but somewhat altered from what it was before: For in the Council of Basil (that troublesome 
* Grantz. Saxon. l. 11. ca 20. Consil. Basil. Sess. 15.  Council) in the time of Eugenius the fourth, about the year 1433. it was there decreed (upon neglect, I doubt not, of the annual Provincial Synod) and an Act passed, that a triennial Provincal Synod should thenceforth be observed, which if the wisdom of those times, and thence downward, had thought meet to have contained and transmitted to posterity, it might have been a means of producing many profitable Constitutions, that the modern and after ages must be content to want and wish for. But blessed be God for those we have. The present times do, and must thankfully acknowledge the singular benefit they receive from them, which (without question) would have been enlarged and augmented, had there not been found cause sufficient of a cessation, at least of a longer intermittency of time for their Synods then is limited in, or warranted by the Council Act. For as when the prey is taken, the Huntsman ceaseth to pursue; and host debellato the Trumpet soundeth a retreat, and the Soldier returns triumphantly home. So here, the storms of Heretical fury which for a long time disquieted the peaceable state of the Church, being at the length well assuaged, differences and distractions about Ecclesiastical affairs composed, and all things in some good sort settled abroad. The Bishops (not called upon by their Metropolitans) repose themselves within the limits of their own Dioceses, where, according to an Act made in the said Council of Basil each Bishop was to convocate his Clergy, and celebrate also a Synod in the same his Diocese at least 
* C. annis singulis 18. Distinct. Abb. in c. Conquerent. de officio Ordinarii. C. Episcopus 18. Dictinct. Concil. Basil. Sess. 15.  once a year. In this Synod (being most usually held in the Cathedral of every Diocese) the Bishop himself (nisi gravi necessitate, vel canonico impedimento detentus, in which case some other by delegation from him) sat Precedent; who being there sat, and having his assembled Clergy about him, with such other of the Laity whom necessary cause called thither; after earnest invocation for the assistance and direction of God's Spirit, and the further accomplishment of such accustomed rites as were necessarily requisite and preparative to the business. The Bishop or his Substitute, selected or called forth septem è plebe, 
C. Episcopus in Synodo 35. q. 6.  saith the Decree, de qualibet parochia, adds the Gloss; Men grave, and of ripe years, fearing God, and for honesty such as were of best repute amongst the people. To each of these men the President of the Synod delivered an Oath, the form whereof was as followeth, viz. Amodò in antea quicquid nosti aut audisti aut postmodùm inquisiturus es quod contra Dei voluntatem & rectam Christianitatem in Parochia factum sit, aut futurum erit, si in diebus tuis evenerit, tantùm ut ad tuam cognitionem quocunque modo perveniat. Si scis, aut tibi fue●it indicatum Synodalem causam esse & ad ministerium Episcopi pertinere; quòd tu nec propter amorem nec propter timorem, nec propter pretium, nec propter parentelam ullatenus celes Episcopum aut ejus missum cui hoc inquirere jusse it quandocunque te ex hoc interrogaverit, Sic te Deus adjuvet, & istae Sanctorum reliquiae. By virtue of which oath, and office thereupon depending, the extent of their authority and enquiry stretched very far, namely into all businesses cognizable, & punishable by jurisdiction Ecclesiastical, 
Consil. basilians. S●ssio 15.  viz. Simony, Heresy, Usury, Sacrilege Sorcery, Divination, Enchantments, Superstition, Alienation of Church Live, Fornication, and many other things besides. All which, and whatsoever else they found to fall within the compass of their inquisition (as cause required) those seven men, called in the Law Testes Synodales presented either in writing, or otherwise interrogated in the open Synod, delivered by way of information viuâ voce to the Bishop or his Substitute, which was received by Notaries than present appointed for that purpose; that accordingly things amiss might be reduced to reformation, and amended, the parties found remiss might be stirred up to better performances, and the persons peccant in any sort condignly punished. And so surely they were: For albeit on the one hand there was tenderness used towards sin secretly acted, especially where scandal might probably fasten itself upon some eminent calling; and so a secret & gentle animadversion (〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, 
Isocrat. Orat. 2. ad Nicoc. p. 28.  as the Orator expresseth it) out of the wisdom of the Synodical Magistrate, was answerably inflicted upon the offending party (yea for smaller misdemeanours, 
Spelman. Concil. 3. p. 362.  and the first a pecuniary punishment was in favour imposed) yet on the other hand, when a fault committed became so manifest, that a connivance or private satisfaction might cause a public offence, than no intercession; 
Tacit. annal. l. 14. p 314.  no pecunia ob delicta, as Tacitus in another case could exempt from censure and shame; but as the offence was manifest, 
Antiquit. Britan. p. 197. Extr. de Officio Jud. Ordinarii c. l. resragab. § finali.  so should the punishment be as notorious: be the person high or low his calling could not quit him free; which if he refused to undergo being a Clerk, he was turned out of his Ministry, and deprived of his Benefice; If a Laic, he was thrust out of the Church by Excommunication, and debarred of Christian society, no man suffered to keep him company. This was in effect (so I take it) the manner of holding of Synods in particular Dioceses, at least a representation of some part of the form of proceed and censures therein. At which meeting I doubt not to say there was a Synodale, a Cense, or Tribute in money paid to the Bishop, or to some other to his use from the inferior Clergy.  
Now Synodale among writers is found (if I mistake not) to yield more especially a two fold signification: For it signifieth not only Conventus a meeting, as Synodus doth, but likewife the Acts of that meeting. Concerning the former signification we have an instance out of an Epistle of Gregory the Third, cited by Cardinal Baronius in the 8. Tom of his Annals about the year 738. Catholica (saith he, 
Baronius.  writng to the Bishops of the Provinces of Bajory and Almany) Sanctorum Patrum authoritas jubet ut his in anno pro salute populi Christiani seu exhortatione adoptionis filiorum Synodalia debent celebrari, etc. Here Synodale is taken for the Meeting or Synod itself.  
Touching the latter acceptation, 
Histor. Tripartit. l. 7. sol. 452.  I find it in the Tripartite History, where mention is made of a Synod of Bishops assembled at Antioch out of divers Provinces concerning the Heresy broached by Acasius, and upheld by his and his adherents against the consubstantiality of the Son of God. Which point being there disputed by the Bishop's Orthodox & Heretical, it was at length discussed, and this Acasius with his Associates being throughly convinced with the evidenceof truth consubstantialitatem professi sunt, saith the Story, they were constrained to give glory to God by the acknowledgement of their errors, and in subscribing to the Orthodox Tenets and Creed of the Church: which done the Bishops of that Synod sent the same Profession together with a copy of the Nccene Creed to Jovinian the Emperor, to the end the said Emperor might have knowledge of their proceeding with this Acasius, and be made acquainted with the uniformity of his and his adherents belief touching that Creed. Hunc libellum (saith that Synod, meaning the Nicene Creed) in collectione Synodalium Sabini conscriptum invenimus. In this place I take Synodalia to mean the Acts of that Synod which were collected and digested by this Sabinus, 
Histor. Tripartit. l. 5. p. 392.  as a little before in that Story the Reader may find written. So now here is Synodale, the Meeting, and Synodalia too, the Acts of the Meeting. But what's all this (will some say) to Synodale, the payment being the very thing principally in pursuit of inquisition in this place? To which I answer, that I have found yet another Synodale, which (as I conceive) will come near to our purpose, yea and must necessarily be taken for this very payment that now we are upon.  
In the Appendix to the 3. General Lateran Council, and in the second part of that Appendix there is an Epistle of Pope Alexander the 3. to certain Archdeacon's and Deans, reproving them for extorting of moneys from the Clergy sub diversis nominibus in a fraudulent kind of way. Et hujusmodi exactionem (saith the Pope in that Epistle) ut eam liberiùs videamint exigere, quandoque consuetudinem Episcopalem, quandoque Synodalia, quandoque Denarios Paschales appellantes. The Archdeacon's and Deans the rather as it should seem to obtain their unjust demands, shrouded them under such specious Titles of deuce as they knew were currently warrantable, and would not be denied. This I take the sense to be. And admit it comes not off so clear but that some dregs of prejudice in respect of the Exactors, might in some sort obscure the equity of this Synodal demand: yet this I hold to be a clear truth, that as the abuse of a thing ought not to take away or abolish a necessary or convenient use; so neither can, or ought any unjust receipt impeach or make void a just demand: For it will be granted (I suppose) that no Archdeacon or Dean hath right of claim Jure communi Ecclesiastico to the Synodal payment, but only by composition with, or prescription from the Bishop: so that if under colour and pretence of such right, the Archdeacon or Dean shall require Synodalia as a due by Law peculiar & appropriate to themselves, it may well be accounted extortion in them, which, bonâ fide, by them demanded in the right of the Bishop, or in their own names and right by lawful prescribed custom from the Bishop, would be a just demand: so that hence I conclude there is Synodale a payment, and that Pope Alexander's reprehensive Epistle (as to the equity of that due) to be in no particular repugnant or contradictory. But I will stay no longer upon this point; let the judicious Reader examine the place and satisfy himself. I proceed.  
This Synodal and Synodical due had anciently two other names whereby it was known and distinguished, which time hath now worn out from common use: The one imposed from the original cause and reason of the pay being ob honorem Cathedrae Episcopalis, and so termed CATHEDRATICUM: The other assuming a name from its time of payment, and is called Synodaticum, (both one and the same thing, excepting the nominal difference) and so are they taken in the Law, being found ofttimes to go together, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the one expounding the meaning of the other. Instance hereof I shall not need to insist upon in this place as a matter of principal proof, but pass it over, intending in the solution and answers to certain questions following ex incidenti to speak something of it. The questions are 

I. What this payment, (couched under the terms of Cathedraticum and Synodaticum) anciently was?  
II. The reason why paid.  
III. The time when it was first imposed?  
iv The time when it was usually paid?  
V How, and by what Law it came to be imposed upon the Church, and paid by the Clergy?  
VI and lastly, What relative nearness our Synodale now hath unto this ancient Cathedraticum?    
To each of these questions a brief solution. I begin with the first, namely, What this Cathedratick payment was: and to this I answer; That as well by the Acts of certain Counsels before mentioned, to wit Bracar and Toledo, as by the Constitutions and Rescripts of Popes, Cathedraticum appears to be a cense or sum of money of two shillings paid to the Bishop by the inferior Clergy. Illud te volumus modis omnibus custodire ne qui Episcoporum Siciliae de Parochiis ad se pertinentibus nomine Cathedratici amplius quàm duos solidos praesumant accipere. 
10. q. 3. c. Illud. etc. placuit. ibi etc. inter caetera eod. 1.  Thus Pope Pelagius to Cresconius the Illustrious: So in a difference that fell out bewteen the Bishop of Ascisi, (Assisinatin. the Decreatals read, which Ortelius from Leander gathers to be Assisi, a Town within the confines of Vmbria in Italy) and the Governor of St. Benet not fare from thence, about Episcopal rights. Honorius the third, 
Ext. de officico Judicis Ordinarii c. conquerent. & Gloss. ibid. in v. Duos selidos.  upon complaint made unto him against the Bishop, sets down what deuce and duties did of right appertain unto the Bishop from the Churches and Chapels belonging unto the said Monastery, and amongst the rest expresseth seth Two shillings nomine Cathedratici, which is a Pension paid to the Bishop à qualibet Ecclesiâ socundum loci consuetudinem, 
Abb. c. conquerent. de officio Judicis Ordinarii.  as Panormitan upon the Text there. Two shillings then was the usual sum paid, but why paid, the reason is yet to render.  
Hostiensis answers to it, and saith, 
II. Hostiens. insum. de Censibus. §. Ex quibus, ver. Cathedraticum autem.  that it was paid in argumentum subjectionis & ob honorem Cathedrae; so he: And the Council of Bracar cited in the Decree, Placuit ut nullus Episcoporum per suas Dioeceses ambulans praeter honorem Cathedrae suae, id est, 
10. q. 3. c. Placuit.  Duos solidos, aliud aliquid per Ecclesias tollat. Thus there; for honour then of the Episcopal Chair, and in token and argument of subjection to the Bishop was this sum anciently paid: And no marvel if we rightly weigh the dignity of his person, the amplitude of his power, and the great authority that he had in former days: For considered first jure ordinis, 
Ext. de Religiosi● Domibus c. Constitutos.  he had the Ordination of Clerks, Consecration of Altars and Churches with such like Prerogatives. Secondly considered respectu 
* 10. q. 1. in casu.  jurisdictionis; and so he had the power of correcting and excommunicating, yea unto him belonged Institution and Destitution of Clerks: in a word, the jurisdiction of all causes by Law appertaining ad forum Ecclesiasticum. 
Ext. de Officio Judicis O●dmarii c. Conqu●rent.  Lastly considered, with respect to the power that he had Lege Dioecesana, as he was the 
a 10. q. 1. in casa.  Dioecesan; and so he had Jus Census & Cathedraticum exigendi, to leave other Privileges unnamed, and Jus imponendi too, as 
b Hostiens. de censibus. §. Quis imponere potest. Duaren. de sacris Eccl. ministeriis & b neficiis l. 7. c. 5.  Hostiensis adds, which shows that the Bishop in time past was (to say no more) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. But Duarenus explains the reason of this payment a little further; for thus he writes: Dicitur hoc jus vulgo Cathedraticum, quod Cathedrae, id est, honori Episcopali debeatur. Cathedra enim in jure Pontificio pro honore, ac munere Episcopali saepe accipitur, propterea quòd olim Episcopi quorum munus prop●ium ac praecipium est docere, sedent●s in solio, & Cathedra docebant. Thus he, which shall be the close of my answer to the second question. The third follows, to wit, The time when is was first imposed.  
To this question I bring Duarenus again, whose words I will here set down. Postquam (saith he) reditus Ecclesiae (qui antiquitùs erant communes, 
Duaren. ut supra & l. 2. c. 1. fol. 53.  & ab Episcopo distribuebantur divisi erant, & singulis ministerits attributi: Episcopis singulis vectigal quoddam ab inferiorbus Ecclesiis pendi coeptum est. Hujusmodi imprimis illud est quod in Synodo à singulis Curionibus & inferiarum Ecclesiarum Gubernatoribus exigunt. Nam duos solidos singuli Episcopo dare jubentur. This is plain for the time; I say plain so fare forth as it relates to, and points upon an act or business done of remarkable observation. It was when the Revenues of the Church came to be divided (this was the Act) and allotted to several Ministeries, than began this Cathedratick payment to the Bishop from the beneficed Clorgie within his Dioecess; even than saith Duarenus. And it may seem not unlikely that this Division of the Church revenues here spoken of, and the distinguishment of Paroecial bounds were in time not fare asunder: which if so, the antiquity of this Cathedratick imposition may somewhat nearly be guessed at. For as touching the distinguishment of Parishes, it is evident in Story, that Euaristus the Pope, otherwise called Anacletus Gracus, about the year 110. entered first upon that business; Et titulos urbis Praesbyteris divisit, saith Volateran. 
Volateran. l. 22. Anastas. Biblioth.  He assigned certain Houses set apart and consecrated for divine worship (wherein the Christians of these times as a distinct Congregation were wont to meet) to the Priests of the City to exercise their ministry in; 
Baron. annal. ad ann 112. nu. 4, 5, 6.  I say certain Houses, yea, and sometimes also Delubra Gentilium, the very Paganish Temples too were by Imperial Edict and Destination mancipated to such religious services. But I doubt whether I may adventure the founding of this Cathedratick payment so high as this particular act of distinguishment by Euaristus, being only bounded within the City. It may be conceived rather to acquire its being by occasion of some more general act of the same nature in the time of the Churches better rest, for now it was under persecution, and no time then for such setlements. The Church indeed was now (even in Trajan's time, otherwise so good an Emperor) in much distress, persecution being hot and pressing: And yet Christianity (such is the nature of God's seed) was still 
* Neque enim Civitates tantùm sed vicos a●que etiam ag●os superctitioms ●stius contagio perv●gata est. Plin. l. 10. Ep. 97.  growing, insomuch that the Pagavish Temples in some places of the Empire were left almost unfrequented, as Pliny notes in an Epistle of his to Trajan; yea, and so great were the numbers of Christians in Bythinia, that, as the same Pliny confesseth (being Irajans Lieutenant 
* Cum Hispaniarum Praesecturam gorere] si● annotat Funccius l. 5. Commentariorum in Chronologiam suam ad annum 110. Et innuit idem Author hanc ●p●stulam Plinianap● ex Hispania suisse scriptam. Sed Plinium Hispaniarum Praesecturam gessisse, nusquam apud proba●●●, Authore, praet●r Fanccium (●cri●torem ●lioqui satis oculotum & perspica●●m) memini me legisse. Proconsulatum in Bythi●ia se eoercuisse ex Epist. Plin. l. 10. Epist. 28. Et ejusdem vitâ operi suo p●aefixâ per Catanaeum haud diffi●●le est colligere. Et inde hane suam 97. Epist●l●m ad Trajanum transm sisse Author est Chron●graphorum sui temporis (quos equidem vidi) sacile princ●p●, doctissimus Sethus Calvisiu●.  there) that they had well nigh spoiled the Pagans market, Victimarum ra●●ssimus emptor, saith he. Persecution did nothing at all advance their cause, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the Gospel got ground of Paganism, and though fire and sword opposed, the people would after Christ by any means. Thus, as also by such poor Privileges of liberty, as the Christians could obtain by Imperial dispensations (being but few and narrowly confined for the most part) they multiplied apace. Nor yet were those Privileges constant and continuing. But even as it is with the Moon, that sometime is in the Wax and sometimes in the Wane; so was it with the Church in these times; one while under Lee sheltered from the tempests of Paganish immanity, a while after exposed to the whirlwind of tyrannical rage. What the favour of one Emperor built up, the fury of another pulled down: And thus was it with the Church from Nero, (in whose time Satan being enraged against the Woman, 
Revel. 12.13. Sucton in vita Neron. pa. 148. Sect. 16.  the first of the Ten bloody persecutions began) till Constantine the Great, during which time I seek not for the settling, nor read not of the mentioning of this Cense. Albeit I find toward the latter end of Galtenus his reign, about the year 260. and somewhat above 40 years before Constantine, that the work of distinguishing Paroecial Limits was then undertaken again by Dionysius the Pope, who laying hold upon the opportunity of a favourable I dict of Galienus (affrighted, and forced to remorse toward the Christians by many prodigious tokens of Gods apparent indignation) and beginning in the City of Rome, where his Predecessor Euaristus left, he again divided, reduced, and settled what by reason of persecution lay confusedly waste, assigning to the several Parishes, 
Baron. annal. ad a●n. 270. n. 17. lege et●am notas ad S●xtum tom. 1. Council Bin. edit. pa. 20.  by him distinguished, several Priests to instruct the people, and to each Church its Coemiterium; yea, moreover Paroclias & Dioeceses fo●●s distribuit quo quisque finibus limitibusque suis contentus esset, as Funccius out of the Decree hath collected. 
Func. Comment. in Ch●enniog●am suam ad an●um Christ●; 68 13. q 1 c. Ecclesias singulas.  Thus proceeding with endeavour to accomplish abroad also what Euaristus had but only began at home: but death or other impediments preventing, that business, was left in divers places uneffected, as a work for posterity to finish and complete. To make the matter short: the work concerning the distinguishing of Paroec●all bounds, being thus fare forth carried along (and all happening in the time of persecution, or rather when the Church enjoyed its Lucida intervalla, and had purchased some Halcyon days) Constantine the Great, about the beginning of the 4. Century, took upon him the Government of the Imperial Sceptre, stayed the then Persecution, shut up the doors of Paganish Temples, and restored peace to the Church, and liberty to the Christians; yea, and Counsels (few before that time) then began to be rise abroad. 
Parochial distribute on in England was performed by Theodorus Archbishop of Canterbury, about the year 668. Spelin. Council 152. But Speed saith by Honorius the 5. Archbishop also of Canter. about the year 636.  About this time it may be supposed that the division of Church revenues spoken of by Duarenus was made, and this Cense then fixed. Though I confess as yet I have not observed it mentioned before the second Council of Bracar, held a little after the middle of the 5. Century, about the year 570. which Council I find doth only limit, not constitute this payment, and therefore it must be sought for a little higher, wherein I crave the Readers patience for a further inquisition. And so I pass away to the 4. Question, namely?  
When this Cense or Pension was usually paid?  
And this I find to be, as before is mentioned most usually in Synodo; and that therefore it was called Synodaticum, quia in Synodo frequentius dabatur, saith Hostiensis. 
Hostiens in sum de Censihus. §. Ex qu●bus.  I say it was usually but not always so paid: For in the Decretals there is somewhat that seems to oppose the limitation and restriction of this payment to Synodical Meetings only. 
Extra de Censibus c. Olim.  The passage there is this: There arose a question about the payment of this Synodaticum, and afterwards a Suit between a Bishop of Spoleto in Italy and certain Clerks Plebis Rupinae within his Dioecess: The Bishop required Tres denarios Papienses, which according to an ancient Custom, the Clergy were wont to pay at the Feasts of the Nativity and Easter, to wit, at each Feast so much pro Synodatico. Now the said Clerks or Clergy having for thirty six years altered their payment, and rendering to the Bishop and his Predecessors for so long time only Tres denarios Lucenses at each Feast, being a kind of money of fare less value than the former) endeavoured to prescribe against the Bishop, who thought himself safe enough to avoid the danger of their Prescription by receiving of it sub protestatione, and that in so doing his right could not be impeached, wherein he had like to have been deceived. A great deal of ado there was, and much bickering between the Bishop and his Clergy, and at length the matter was brought to Pope Innocent the Third to be decided, who examining the cause, and finding the prescription of the defendant parties to be only four years short of a full prescription, 
Quadragenalis praesiriptio tollit omnem actionem. Ext. de verb. signisicat. c. Cum inter, ver. per 40 annos.  namely of forty years (to which time, if the Defendants could have brought their prescription, the Bishop had been gone notwithstanding his protestation) and having also the Defendants and their Advocate's answer, non revocatum, that Papiensis moneta was formerpaid: The Pope thereupon passeth a definitive sentence for the Plaintiff Bishop against the Defendant Clergy, and condemns them ad solutionem Dena●iorum Baptensium: thus there. So that hence it is apparently evident, that albeit the Synodatick payment receive its denomination à Synodo, as being the usual time of ●ts payment, yet under the same name it was also paid extra Synodum (namely at the Feasts of the Nativity and Easter) I will not affirm absque ratione Synodi; for that before this time Synods, I mean Provincial and Dioecesan afterwards I doubt not, were held (occasion requiring) twice a year, correspondent whereunto by prevalency of custom the Synodatick payment might either be doubled (which is less probable) or divided (which I rather incline to think, for so I find the ancient course to be in the Dioecess of Gloucester) namely the payment to be divided into Synodalia Aestivalia, & Hiemalia. 
Extat. in quâdam vetustissima membranulâ quam penes me habeo.  Nor do I think that this Synodatick payment (taken to be the same with the Cathedratick, as I do here and elsewhere) was constantly at all times paid either in Synodo, or at the two Feasts .: For it was sometimes, and very anciently paid also at Visitations. I refer the Reader to the seventh Council at Toledo mentioned in the Decree, 
10. q. 3. c. Inter caetera, & Casus ibi.  where he shall find a Canon against the exacting of more money than Two shillings only pro Cathedraticò in Episcopal visitations. And so have I done with this Question, and pass to the fifth, and that is  
How, and by what Law this Cathedraticum came at the first to be imposed upon the Church, and path by the Clergy?  
To this Question Hostiensis makes reply, and saith, that it was imposed Authoritate Episcopi, by the authority of the Bishop, within the sphere of whose Quondam activity the Lawyers have found a power to move, 
Gloss. per Lancelot. super Instit. juris Canon. De immunitate Eccles.  which they call Lex Dioecesana; a term by them invented (because not explicitly found in any Text in Law) for the clear and distinctive expression of Episcopal power in that particular, as the same relates to other Laws and Privileges annexed to, and inherent in the Office of the Bishop, to wit, Lex jurisdictionis, & Jus ordinis. And therefore it is that Panormitan saith, 
Abb. in ca Dilect. de Offic. Jud. Ordinar. ubi plura de lelege Dioeces.  that they are vocabula Magistralia magis quàm juris. But to stand no longer upon the term. Thus much I find that this part of Episcopal power thus distinguished and actuated by this Law, did formerly yield the Bishop a large extent of command over all the Churches and Clergy within his Dioecess; all, I say, none 
* Gloss. in ver. Episcopus c. Episcopus non delet, Dist. 18. Ext. de Majorit. & obed. c. 9 Quod super & gloss. ibi in ver. Dioecesana.  excepted but the Cistertians, who by virtue of their order had some Privileges of immunity more than ordinary, as namely to be absent from Synodical Meetings assembled by the Bishop within his Dioecess, and from payments then made to him by the other Clergy with such like. This than was the Law, and by virtue of this Law founded in the Bishop (or power settled upon him by special donation or dispensation) this Cense was by him 
* 10 qu. 1. in. Casu.  received, and the payment thereof fixed, and imposed upon the inferior Clergy, which now is become a charge perpetual annexed to their Benefices, and thence annually to be paid (if greater authority interrupt not the ancient course) as an Onus Ecclesiasticum a Church burden or charge: yea, and to show that it is no strange and unheard of burden no innovated payment. It is said to be (besides its imposition by Law) Onus Ordinarium. The Gloss upon the Provincial Constitutions de officio Vicarii makes it good, 
C. Quoniam in ver. Onera Ecclesiastica.  where the Reader may find those words. Solutio Cathedratici, Synodatici & Procurationum ratione visitationis, & alia hujusmodi de quibus non dubitatur quin sunt onera ordinaria suum capiunt effectum ab impositione legis. But this place of Lyndewoods' Gloss gives occasion to a question namely, Whether Procurations be imposed and due by the same Law that Cathedratica are: To which I answer, that (questionless) they are not. For Cathedraticum, 
10. q. 1. in casu.  Synodaticum, tertia vel quarta pars Decimationum & Oblationum, etc. are Census, and exacted or imposed as I conceive Lege Dioecesanâ. 
Gloss. in v. Census, Ext. de Censibus, c. Prohibemus.  But Procuratio is not properly Census, but Pensio. And as it is so, and reduced to a certainty of sum, that Pension hath its ground, as before intimated from Papal Constitution, and that Constitution also its root and footing from a principle in the very Law of nature. And so much Hostiensis is bold to assert, when speaking of Procuratio as it is due ratione visitationis, 
Host. ubi supra. § A quibus danda sit.  he saith that it is Adeò debita quod quamvis nullas expensas faciat Episcopus propter visitationem nihilominus eam recipit. And the reason he urgeth is out of St Paul, and St. Paul out of the Law of Nature; Qui seminat spiritualia metere debeat carnalia. Thus Hostiensis, who propounding the Apostle in bare positive terms, doth not so fully (as I conjecture) press the duty and scope of the Text: For these are the words; 
1 Cor. 9.11.  If we have sown unto you spiritual things, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; is it a great thing if we reap your carnal? The Interrogation seeming vehemently to enforce a redition or retribution on the one hand, especially upon the performance of the conditional proposition on the other: 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; as much to say, Is it a great thing? No, in comparirison of the duty, the charge is not worth naming. But this is an excursion, I return. We see the Law, that is to say, the Law Dioecesan carries the authority of this Cathedratick imposition, which therefore is said to be Episcopale, because founded originally in, or settled solely upon the Bishop, to whom in honorem Cathedrae, and in token of subjection and acknowledgement of superiority to him, as before is expressed, it was by the Clergy anciently rendered, and may now by him be lawfully exacted from them, as I conceive. And this is my answer to the fifth Question. The sixth and last is this.  
What relative nearness our Synodale now hath unto this ancient Cathedraticum.  
To this I answer in a word, That albeit to Cathedraticum our Synodale seems to have but small or no relation, because they so much differ in literal enunciation, yet not so to Synodaticum; to which both in sense, signification, and literal likeness it doth very strongly refer. That being a payment of Two shillings; ours for the most part the same: that paid most usually at Synodical Meetings, and anciently sometimes at Visitations; our Synodale (since Synods discontinued) paid at Visitations altogether, at least in many places so. Take them then, and wind them up in one clue or bottom, and all of them make (as I conceive) but one payment. One I say, and that very identical one, that now is in use of receipt in this Kingdom, known and distinguished by the name Synodale, or the Synodal payment, 
Rastal. tit. Pensions, etc.  or (which is the same) the sinody. The sinody I say, which by Act of Parliament of 34 H. 8. is reckoned as a Church due; for the recovery whereof in case of denial, a sufficient provision is by that Act made: And upon great reason too, for that the said sinody, or Synodal being a Pension certain, is valued in the King's Books, and his Majesty receiveth an yearly Tenth out of it. And this is all that for the present I have to say touching this Synodale: In which discourse if I have erred, I humbly implore the charitable censure of the learned Reader, &  — praebeat Alcinoi poma benignus ager. 
Let others better studied this way reform, or suffer with patieene till time and further industry shall discover to me my mistake, which if haply once I find, I shall hastily retract. In the mean time I leave the point, as now it stands, and pass unto another Ecclesiastical due, namely Pentecostalls.   

De Pentecostalibus.  
AS he that travels in a mist, or in parts unknown calls upon every one he meets withal for direction; and as he that seeks passage through a dark room catcheth at every hand that may lead him to the light; so am I constrained to do in the disquisition and search after this ancient Church-due, Pentecostals. For the Canon Law, and Provincial Constitutions, so much as I have read, they make no mention of them under this Title. I have heard some roave at them (as he in the holy Story that drew his bow in incertum) & to say, 
1 Reg. 22.34.  that surely they were those Peter-pences anciently sent to Rome out of this Land, and continued to the Church unto this day under another name, and I know not what. But Peter-pences they cannot be; for if we examine the antiquity of the one and the other of them, so fare as I can discern, we shall find a great deal of difference between them. It is certain (for aught that ever I have read or heard to the contrary) that until the time of Ina, 
Polyd. Virgil. Aug. Hist l. 4. p. 89. & 90.  King of the Westsaxons, who lived about nine hundred years ago, Peter-pences were never heard of in this Land; but our Pentecostal (if I may have liberty to conjecture) was in use some hundred years before that time. Again, if we consider the manner of their collection and payment, 
Polyd. ubi supra p. 90.  it was (saith Polydore Virgil, who was Collector of them in this Kingdom) domesticatam, from every house a penny; I say, every house that had but five groats worth of living , 
Stow in annal. Edvard. 3.  of one manner of ; as Stow: But 30. denariatus vivae pecuniae in domo suâ de suo proprio, 
Lambard. Ar●hai●n in l●g. Edu. Regis fol. 128.  belonging unto it, as by (the Laws of King Edward before the Conquest) may appear. In our Pentecostal not such matter. Lastly (if I may not be thought nugas agere) there is yet another difference, and that is in the time of payment: for Peter-pences were usually paid either at the Feast of the Apostles Peter and Paul, 
Lege Polyd. ubi supra.  or ad festivitatem quae dicitur ad vineula, commonly called Lammas day. Pentecostals seem to be paid upon, or about the time that doth chief denominate the pay, namely Pentecost. But that they have no relation the one to the other; yea, that Peter-pences are not in rerum natura at this time, it is evident: For that by a Statute made in the 25 of H. 8. and revived upon a Repeal 1 Eliz. 1. those Peter-pences amongst other Papal exactions had their doom, and suffered deserved extinction by Act of Parliament. Deserved, I say, albeit the Cardinal is pleased over hastily, and thanks be to God, as untruly to collect, that a judgement fell upon this Land, when first it fell off from Romescot pay. 
Baron annal. ad an●. Chr. 740.  Mirandum illud accidit ubi cessavit pendi 
* No Vectigal, but Eleemosyna mera. aliens. ad bellarm. Apolog. respons. p. 83.  vectigal istud utcunque malè redemptum Haeresium allu vinne Anglicana Ecclesia absorbetur, saith the Cardinal. But to leave excursions, and to come home unto our business, this Pentecostal payment seems (to me it doth) to be (at least in the nature thereof to have reference to) an Oblation; which amongst the Christians in the elder times of the Church was most frequent, and yielded much in matter of yearly revenue to it; devotion carrying in with a full hand what might well be spared to holy uses, 
2 Cor. 8.3.  and spurring on the people 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 (to use the Apostles phrase) even beyond their power to munificency, as conceiving the Church's Chest to be the safest Treasury. When the Tabernacle of old was to be built, see, the people came on to the work with such zeal, 
Exod. 36.6.  that Moses was fain to proclaim a Sufficit, before the people would leave off to offer. So in the Acts of the Apostles we find what the Christians in those times did, they even sold their possessions, 
Act. 4.  and left them at the Apostles feet. And the manner in succeeding times of the ancient Christians also was, they offered not the price, 
12. q. 1. c. Videntes autem.  but even their Fields and Farms Matricibus Ecclesiis, from whence they only received livelihood, and left the rest to be employed to sacred uses. To Monasteries & 
* Et nimio plus obtulerunt Majores nostri nec ullum sibi modum statuer unt vel finem Monastesteria donis accumulandi. aliens. ad Apolog. respons.  Churches nothing was thought too much, nothing too good to be offered; such was the devotion of our Ancestors. And that works of mercy and charity were eternal, and that there could not be any deed more beneficial to the soul, more meritorious, than bounty to the Church; this was their persuasion. So that as all rivers hasten into the Sea, 
Eccles. 1.  as the Wiseman speaks, so all went to the Church; yea there seemed to be a kind of pious contention in the people (Certatim Ecclesiae populus offerebat, 
Duaren. de sacris Eccl. ministeriis & Benef. l. 2. c. 1.  as Duarenus) who should be first to bring in their offerings to this sacred Gazophylacium: even Kings and the Great-ones of the world, not only the common people brought in liberally this way. Of Ethelwulphus King of the Westsaxons it is thus written, that he gave the Tenth of his Kingdom free from all tributary charge to the Church. 
Antiquit. B●it, pa. 73.  And how liberal his Successors divers of them were, till the exorbitant excess, and inordinate luxurious living of the Monks in this Kingdom, accompanied with the extreme neglect of Religion, did abate the edge of their dovotion, may be seen, 
Antiquit. Britan. p. 86.  as in an Oration that King Edgar delivered in much passion & grief for such abuses to Dunstan then Archbishop of Canterbury; 
Mecum obsecro animadvertat hic Lector si velit sequentia apertiùs intelligere, cujus devotionis ac regularis observantiae suerunt ab antiquo Winchelcumbienses Monachi, quando ob corum vitae sanctitatem, integritatemque quotquot sere in circuitu nostro ruri manebant, aliquam portionem de suis frugibus & terrae nascentiis sibi à Deo co●cessis Ecclesiae nostrae quotannis in Eleemosynam offerendum voverunt. Ve●um quorum in curiâ tantae dev●tionis Census sive redditus primò neglectus sit, aut cur illud revocaverint, seu amplius non solverint, haud uspiā mihi consta●e potuit. Arbitror save, quod postquam in coeperit fervor religionis atque devotionis apud ipsos Winchelcumbienses torpere atq●e srigescere sicut accidit (uti reo●) tempo●e Willielmi de Shcurburnia, & Roberti de Upwella, o'im nostri loci Abbatum. Tepuit etiam erga eos aliorum Christianorum devotio. Illius igitur rei ob illud ●am m●mini ut posteri videant quantum damnum & jacturam rerum juslo Dei judicio in rebus nostris temporalibus tunc passi sumus quando incoepimus remissio●es esse erga sacram observantiam regularem. Simulque & nobis timendum ne majora mala sint futura si (quoth absit) in talem remissionem aliquam recidaverimus. Eam quoque ob●em sent●o, ●●a vivendum, ita elabo andum ut novo devotion●s spiritu concepto, ob vitae ipsorum Winchelcumbiensium sanctitatem & sacram a●ud eos observantiam regularem corum predia ac possessiones oblationesque angeri potiùs quàm diminui de caterò mer●antur. Quae autem erat illa Oblatio seu Eleemosyna le Church-seal oli●n nuncupata sequens litera de clarabit, etc.— Lieger book of Winchcomb. fol. 43.  so also by a digressive animadversion that I find in an ancient Manuscript containing the Antiquities of the Monastery of Winchcomb, and the principal Occurrents and Acts of that Abbey for divers hundred of years, wherein the state of the Abbey is much deplored in respect of the irregularity of the Regulars there. This at home; and to look a little abroad, it is recorded of Charles the Great, that he offered whole Saxony, that he subdued, 
Baron annal. ad ann. Chr. 804.  to St. Peter at Rome, and twelve hundred pounds yearly he brought in elsewhere ad servitium Apostolicae sedis, besides what he bequeathed at his death to the Metropolitan Bishops for Church and Poor, 
Registr. Chronicorum in vit. Caroli magn●  being two parts of his goods, if Registrum Chronicor. report truth. And what Licinia, a very rich and wealthy Matron in the Primitive time did, the Tripartite Story tells us, 
Histor. Tripartit. l. 1. c. 9  that she gave all her goods to the Church of Rome. This in foreign parts, and to go no further. 
Can. Apostol ca 40. & ca 41. 12. q. 1 c. videntes etc. Praecip●mus, Et c. Episcopus, & q. 2. c. Vobis 10 q. 1. c. Quae cunque res.  Now all these Oblations the Bishops after the Apostles times had sub clave potestatis to dispose of, they being thought the fittest instruments to be entrusted with the goods of the Church, to whom the charge of the souls of God's people was chief committed. And into 
* Can. Apost. ca 40. Beda Eccl. Hist. Angl. l. 1. c. 27.  four parts or Canonical portions they commonly were (by Deacons first under the Bishop in imitation of Apostolical institution, and afterwards by a Clergy Steward, called in the Law 
a Distinct. 89. c. quia in qu●busdam. 16 q. 7. c. Quoniam in etc. In nova. E. Concil. Chalced. ca 26.  O●conomus always accountable to the Bishop) divided, and accordingly distributed one part to the Priest or Clerks that did service in the Church to which their offerings were brought. A second part to the 
b A 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. A●●sto●h. Scholar in Pl●t. Hisunt Th●sau ●i Ecclesiae, & verè. Thesauri in quibus Christus ●●●, inquibus Christi fides est. Dict. S. Laur●ntii Martyris de pauperibus ex Ambros. l. ●. Offic. c. 28. Distinct. 82 in Princip. c. Episcopus. Duaren l. 2. c. 1 de sacris Eccles. ministeriis & benef. 12. q. c. 1. Praecipimus.  Poor, who were in the Primitive times called the Cheuches' Treasure, and of whom the Bishops had an especial charge and regard. A third towards the Fabric or repair of the Church. And the fourth and last part the Bishop did usually assume unto himself hospitalitatis exercendae causâ, and sometimes a third part too, which when he took, he also undertook the repair of the Church, 
c Gloss. in ver. Tertius 10 q 3. c. u●io. 10. q. 1. c. De bis etc. Antiquos Canon's.  Onus fabricae; so the Gloss, which otherwise rested upon the Priest or Clerks of that Church to do from the allotted dividend. By this means, I mean of munificent offerings, and from Altaragies, that is, offerings made upon the altar (whereof the Bishop had sometimes a third part, and sometimes a moiety) as likewise from Oblations brought unto the Sepulchers and Shrines of Martyrs, with such like incomes; the Church doubtless became at length wonderfully enriched; for even the vessels that they used in their Temples in ancient and aftertimes, 
Opiate. l. 1. ad Parmen●anum. Au●ust. Epist. Epist. 165.  being in great abundance (besides ornaments, wherewithal they were plentifully stored) were of gold and silver: yea, and it is not improbable to conjecture that many goodly Temples whose curious work and costly materials do yet after so many ages past give cause of admiration to the beholders, were even hence raised from the dust, and divers Monasteries, Priories, Religious Houses and Hospitals were by this means founded and plentifully endowed. But to leave to speak too much of that, that hath so long ago for the most part left the world, namely liberal devotion towards the Church. In this little Pentecostale there is somewhat that tends that way, if the original thereof could be exactly found out. In ancient time the Bishop was to visit Ecclesiatim, as before is mentioned. When he came to visit, his manner was to celebrate the Mass (〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, 
Novel. Justinian, Constit. 123. c. 10.  as the Emperor phraseth it) in the Church that he visited, which he did by his Episcopal authority, every Parish within his Dioecess, being Paroechia sua; 
Ext. de Rap●o ribus c. de ill●s.  & therefore is the whole Dioeces in respect of the Bishop by the Law called Paroechia; 
10. q. 3. c. Quia & Duarenus passim.  as likewise the whole Kingdom (the Province at least) in respect of the Lord Archbishop of Canterbury is so called. 
Antiquit. Britan. pa. 28. & pa. 64.  
Lyndewood Duarenus.  At this Mass the people made an offering to the Bishop (as at other times their manner was to do to the Curate when he said Mass on Sundays and Holidays) which he received. But upon this Custom I cannot fix the original of this due, forasmuch as the act of Massing quolibet die dominico being too general in circumstance of time (to which our Oblation or Pentecostal hath special reference) doth not fitly denominate the pay. Now as all Offerings were usually divided into four parts, 
Gloss. in v. Oblatio de jurejurancto c. Presbyteri.  as before is declared: so the Gloss upon the Provincial Constitutions observes a fourfold cause or reason for which the people in ancient times were bound to bring their Oblations to the Church: As namely first ex praecedenti Conventione; a man's house or land being tied by a preceding contract for a certain Oblation to be made at a certain time or times. 
Ext. de verborum significat. c. Cum inter in Rubrica 12. q. 1. c. videntes lege Levitic. 27. v. 28.  Which kind of Oblation, albeit it be of the nature of a Cense or Imposition, because it proceeds è contractu, yet being a thing settled upon the Church, it beareth the name of an Oblation, as generally whatsoever is offered to, or in that way settled upon the Church doth so. Secondly, propter praecedentem promissionem sive deputationem: As when a man inter vivos engaged himself by promise of beneficence to a Church, 
Instit. l. 2. tit. 7. de Donat.  or causâ mortis, did depute, destinate, or lay aside any movable thing for that purpose (stante tali voluntate unrevoked) it ought to be performed (every man in Law being presumed 
* Gloss. in ver. Perdurare ca Majores Ext. de Baptismo. 13. q. 2. c. Qui Oblatione etc. Clerici & 16. q. 1. c. Statu●mus & Gloss. 161. Co●cil. 2. Turenens. c. 18.  Durare in voluntate in qua decedit) yea, the party or parties entrusted failing in the performance of the trust in them reposed tanquam egentium & pauperum necatores so are they accounted) to be excommunicated. Thirdly, propter necessitatem, as when the Minister had not wherewith to sustain himself, the people were bound to supply. 
Gloss. in v. Vacuus distinct. 1. de Consecrat. c. Omnis Christianus.  And Bartholomaeus Brixiensis his Gloss upon the Text is, That if they refused so to do, the Minister being poor might cut them short. Officia divina subtrahendo. The fourth and last is propter consuetudinem, according to which the faithful were tied certis festivitatibus, to make their accustomed Oblations. Now amongst the Festivals the Feast of Pentecost was, and worthily is a most special one. At which Feast there was even in many places here in England anciently an Oblation made by inferior Churches and Parishes: to the principal mother Churches, which in probability may originally cause the denomination of Pentecostalia or Whitsun-farthings (for so also are they called) they being the issue perhaps of a devout Fast and abstinence, that about that time was by a Council decreed to be kept; or of that great Sacrament of Baptism yearly celebrated with much solemnity at this Feast, and Easter only; at what time the people brought their children turmatim, by troops at it were, unto their Baptismal Churches to be baptised, which Custom continued not only to the time of Lotharius the First, as Beatus Rhenanus, but long after, 
Rhenani observat. in Tertul. fol. 154. Abb. urspergen. Chronicon.  even to the time of Lotharius the Second (that lived about four hundred years ago) as Abbess Vrspergensis observes: Or rather peradventure they allude to those Oblations in the time of the Law which the Jews made at their anniversary meetings in the Temple of Jerusalem at this Feast. To the which Oblations they held themselves bound by that place of Scripture, Exod. 23. 
Exod. 23.15. Deut. 16.16.  Non apparebis in conspectu Dei vacuus. So then, the Temple of Jerusalem being the Mother Church of the Jews, to which at this Feast they brought their Offerings: And our Cathedrals being (in a special manner though not only) the Mother Churches of particular Dioceses (to which at the same time Offerings have been anciently brought, as before is mentioned) this custom of Pentecostall Offerings may in some probability have its original derivation thence. And in this guess Gulielmus Durandus runs along thus far in agreement with me. Ritus igitur (saith he) Synagogae transivit in Religionem Ecclesiae, & sacrificia carnalis populi mutata sunt in observantiam populi spiritualis. 
Durand. Rationale divinorum Offic. l. 4. c. 30. Numb. 34.  Thus he, writing about the offerings of the old Law. And surely it is not vainly conceived, the Jews might be the Authors of this Custom. Nor needs any man to be ashamed to follow their steps in so good an example, though the worst of men, Gens sceleratissima, 
Aug de Civit. Dei● 6. ca 11. Synes. in Epist. Epist. 4.  as St. Augustine out of Seneca, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as Synesius pleaseth to style them. But to come back to our business. To the principal Mother-Churches then, these Oblations were especially made, and being thither brought, the Bishops as before is set forth and declared, had them solely to dispose of, as whatsoever else were offered in or brought unto other Baptismal and Parochial Churches, 
16. q. 1. c. Statuimas.  yea and Chapels too (for in such also Oblations were made consentiente Episcopo, & not otherwise) came within the compass of his distribution. So I find that Eugenius the Third did by his Diploma or Letters Patents grant the fourth part of the offerings made upon the greater Altar of the church of St. Peter in Rome, 
Baron. annal. ad ann. Chr. 1153.  to the Archpriest and Canons of the same church. This of the Bishop of Rome. 
12. q. 3. c. Episcopus.  And that the Bishops elsewhere did or might do the same, I see no cause to doubt, though the Pope whose power and authority in this Kingdom and elsewhere was once so great as being (forsooth) Caput omnium Pontificum a quo illi tanquam à capite membra descendunt, as Durandus overlasheth; 
Durand. Ratioona●. de min●str. & ordin. Eccl. l. 1. fol. 31.  and as having within the compass and limits of his jurisdiction above an hundred and twenty Archbishoprics, and above a thousand Bishoprics, as Stapleton vaunts, 
Stapleton de Magnitud. Rom. Eccl. l. 1. c. 3.  did ex plenitudine potestatis sometimes interpose, and order and dispose things in the Church according to his own will, giving to this body, or that member as he saw cause; but ever to the Clergy to whom, and to those uses before expressed by the Canon Law these Offerings were and are only due, and otherwise interdicted to the Laity sub districtione Anathematis. 
10. q. 1. c. Quia Sa●erdo●es, & e. Sanct. Patrumibi.  And hence it may be that in some places the Deans and Praebendaries of Cathedral Churches have them. In other places Praebends are founded upon them to instance two (if credible report deceive me not) in the Cathedral Church of Salisbury, a greater and a less distinguished and known by this difference of Major & Minor pars Altaris. And in some Dioceses again they are settled upon the Bishop and Archdeacon, and made part of their Revenue, for which the King hath Tenths and Subsidies. An instance hereof: The Cathedral or mothrr Church of Worcester was anciently before the dissolution a Priory; and among other Revenues belonging to the same Church it had those Pentecostalia or Whitsun-farthings yearly brought unto it, under the name of Oblations or spiritual profits tempore Pentecostes. And after the Dissolution: when King Henry the eighth, about the 33 year of his reign did found anew and reendow the said Church, he returned these Pentecostalia (after he had kept them about a year in his own hands) in express terms back again to the said Church, which the Dean and Prebendaries there receive unto this day (as I am informed) and appeareth due by the 
* Henricus Octavus, etc. Sciatis quod nos de gratia nostra special, ac ex certa scientia, ac me●o motu nostris dedimus & concessimus, ac per praesentes damus & concedimus Decano & Capitulo Ecclesiae cathedralis Christi, & beatae Mariae Virgins Wigorn. omnes illas Oblationes & Obventiones, sive spiritualia p●oficua vulgariter vocat Whitsun-farthings annuatim, collect. sive recepta de diversis villatis in Comitat. nostris Wigorn. Warwic. & Heref. infra Archidiaconatum Wigorn. & tempore Pentecost. oblata dicto nuper Prioratui b●atae Mariae Wigorn. modò dissolute. dudum spectan. & pertinen. etc. Ex Arch●v●s Decani & Capit. Wigorn.  Letters Patents. But in Gloucester it is otherwise; for there the Bishop and Archdeacon only receive them; neither can the Dean and Prebendaries that now are of the Cathedral, nor could the Abbot & Monks of that Church before them ever make just claim to them: For before the suppression these Pentecostals, inter alia, were valued to the Archdeacon in the King's books, as part of the revenue of the Archdeaconry, even when Procurations and Synodals were, and for aught I know to the Bishop too; but I leave that to the Record, and would here end. But as he that after a long night desires to behold the appearance of the morning Sun; so myself, not yet sufficiently satisfied with what hath been formerly produced in this obscure passage, and desirous vel in minutioribus to behold the brightness of truth, than which nothing can be more . Upon the apprehension of some conceived light beginning to discover itself in this particular. — 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 
Euripid. in Phoeniss.  Hope to find gives me encouragement, and makes me yet eager to seek. Fabianus a certain Bishop moves two questions to Pope Gelacius, which, as I conceive, do somewhat concern our present business. The former of the two was, 
10. q. 3. c. Nec numerus, & Gloss. 161.  Whether a Bishop might require pro Cathedratico, ultra antiquam consuetudinem? To this the Pope answereth not, he might not. And the later was this, What part of Oblations he ought to receive? And the Pope refers him to the Custom observed in other Churches, whether a moiety or third part: Not the moiety or third part generally of all the Oblations made (that questionless is not the question in this place) but only of such as were brought in, 
Polydor. Virg. de Invent. ●erum l. 6. c. 8. 18 q. 2. c. Fleutherius ●e consec●. Distinct. 1. c. Slennit. Dedicat●onum.  in die ann●versariae dedicationis (for this solemnity was annual, and all upon that day, vicatim made holy day, as Polydore hath it) vel alterius solennitatis, as the Bishop and Founder, or Priest did covenant and agree at the time of the Dedication of that Church; so the Gloss explains the Case. And surely this is it that Hostiensis specially aims at, if I mistake not, when writing of the time of the imposition of Church Censes, he thus saith, That their imposition was aut fundationis tempore, aut donationis, aut consecrationis, 
Host. in summa de Ce●s. § Siquis Census.  aut tempore immunitatis indultae. His enim temporibus, vel imponitur, vel offertur saith Hostiensis. And probable it is, yea doubtless so it was: 
16. q. 1. c. Quicunque.  For as besides the Bishop's knowledge, 
Platin. Volater. l. 22. Et Polyd. Virgilubi supra. Bale●s de Rom. Pontis. de acts 18. q. 2. c. De Monachis.  and consent praeter Praesulis conscientiam no Church could be consecrated within a Dioecess (Faelix the third having made a Constitution to that purpose about the year 484) so neither could any Church or Monastery be founded or built in a Dioecess without the concurrence of Episcopal approbation, except in places privileged, 
De Privilegiis c. Authoritate in 6o.  exempted from the Bishop, and appropriated to the Pope. So that when the Bishop did yield his consent to the founding, or his pains in consecrating or dedicating any such Church, he reserved somewhat to himself and to his See Episcopal nomine Pensionis. 
Ext. de Religiosis domibus c. Constitutus.  Sed nec illud insolitum aut novum habert debet, ut cum Episcopi Ecclesias piis locis ritè concesserint, aut exemptas fecerint aliquid sibi in iis pensionis nomine reservent. Not that the Bishop did stipulate or contract with any, either Founder or Priest, to receive so much in recompensationem, 
Gloss. in v. Recompensationem. Ext. de eodem.  for such his concession, consent or pains taking any way before hand, and that he would not do it, nisi prius aliquid ex pacto detur, vel promittatur: No, that was held abominable as downright Simony, a sin (of any other detestable) and not only against the Decree of the Pope, 
Ext. de Symonia c. Tanta. 1. q. 4 c. Ecclesia Concil. Bracar. 4. Can. 5. Aug. Epist. 75. ad Aux●ntium.  but the Canon of a Provincial Council (such consecration had been execration, as St. Augustine somewhere.) But when the business came to be effected that was pursued, then was the reservation made, it seemeth then. But here now falls in a question, utrum in spiritualibus interveniat Pactio? Oblations being spiritual Profits, it might be demanded, Whether they were settled at the first, where now for the most part they stick (namely in the Bishop) and are rendered and paid under the name of Pentecostals, by a contract yea or no? To this I answer. Videtur quòd sic. For in the Decree I find ● Chapter (to name but one) to this purpose. An Oratory was founded by the Mother of Eleutherius, 
18. q. 2. c. Eleutherius.  a Bishop in the Dioecess of one Cardellus a Bishop; at the Dedication of which Oratory there was a Convenisse, saith the Text, between the Foundress and the Bishop, that such a proportion the Bishop should have out of the Oblations made at such a Feast. It seemeth then that contracts of this nature might be made. But whether this Convenisse, this Contract ought to be before or after the Dedication may admit another question. If after, the Gloss upon the Chapter Ecclesia warranteth that post dedicationem pacisci Episcopo suggerente permittitur: 
1. q. 4. c. Ecclesia.  so than the Bishop might after Dedication by way of pact require a Pension. But might he not before? Yes, It is not doubted by the judicious, but affirmed that he usually did and ought to do so, which by no means he might do if any corruption were in this contract. But contract I cannot so fitly call it: For albeit there be a kind of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, a semblance or seeming show of a con●●act between the Bishop and the Founder or Priest in this Act, yet in truth it cannot properly, and in strictness of Law be termed a contract. And so much the Gloss upon the Chapter Eleutherius doth plainly deliver in these words: Dic●s quòd hic non verè, dicitur pactum, quia & sine pacto tenetur Ecclesia aliquid dare Episcopo in signum subjectionis. Thus than the Bishop did reserve a Pension at the time of the foundation or dedication of the Churches within his Dioecess; and this he might lawfully do without any the least suspicion of corruption. And his Episcopal authority did not only warrant him to make such reservation to himself out of the church oblations, but to impoese a Cense upon any Church under his jurisdiction to the use of the Patron thereof, if need did require. Imo Episcopi authoritate potest aliquid constitui Patrono, as the Gloss above mentioned hath it. And now at length to draw to a conclusion, the sum of all is. This Pentecostal that I have been so long in seeking after, and is in common receipt here in England at this day, is nothing else (as I conceive) but the annual commemoration, continuation or repetition of an ancient payment, or pension, issuing out of the oblations brought by the people so long ago at the time specially of the foundation or dedication of their several Churches, or at some other solemnity, to wit, the moiety or third part of the oblations then made. The same being reserved by the Bishop, and by a contract (seu quasi) between him and the Founder of such Church or Priest, assigned to attend the same, settled in and upon the Episcopal See, and payable yearly at or about the Feast of Pentecost; 
S●pra 10 q. 3. c. Nec numerus.  for Alterius solennitatis will warrant such a conjecture. This I say is, at least I take to be the same that we now call by the name of Pentecostals or Whitsun-farthings. And so now, if truth fall out here also to be the issue, as it hath certainly been the object of these my weak endeavours, then have I that by God's favour performed to me, 
Matth. 7.7.  that sometimes in Evangelical words was promised to a servant (whom Clemens Abexandrinus makes mention of) consulting the Oracle how he might please his Master 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. If thou seek thou shalt find saith the Oracle. 
Clem. Alexand. 4o. Strom. statim. ab initio.  But if misapprehension or species recti instead of truth, misinforming judgement hath run me into error (as it is easy for a stranger travelling in parts unknown and unfrequented sometimes to step aside, and to be out of his way) My suit to the Reader than is— si quid novisti rectius istis Candidus imperti: 
Horat. Epistol. l. 1. ad Numid.  which if he fail to do, and myself not able to rectify things amiss, The Jewish extremity must be my refuge, 
Buxtorf. de abr●vtaturis, pa. 182.  Tishbi solvat.   

An Appendix to the former Discourse, setting forth the reason of printing that and post-scribing this.  
THe precedent Treatise that now at length presents itself to public view, hath lain written by me for divers years, and importunity that occasioned the being that it hath could not fully effect what it willed, till an opportunity also (not expected) imposed a production. Some few years ago I had the collection of Procurations, and such other rights and duties as have been anciently belonging unto, and are vested in the Archdeaconry of Gloucester, for the Archdeacon that now is there, as for many years I had before in his Predecessors time, my very dear Friend. The harsh entertainment that I found from some of the Clergy upon the demand of Procurations for the Archdeacon in the year of the Metropolitical visitation of the L. Archbishop of Canterbury that now is, when by Sir Nathan Brent his Vicar-General he visited the Dioeces of Gloucester, put me forward seriously to inquire after the reason of that payment, but especially of its due in the years of Episcopal triennial visitation, which though for many years it had been yearly without intermission or interruption paid (acquittances to that purpose I have by me of above 60. years' antiquity, & have seen some more ancient) yet was it then, even then vehemently oppugned. The Visitation ended, & myself gotten out of the storm, I adventured with such poor faculties add I had to make trial how fare forth I could be able to give satisfaction to those that for the time to come should require a reason of the payment, and travelling a while in this study, at last I cast up the reckoning of my labour, and found it to amount to this Qualecunque sit (call it what you please) that goes before. And albeit in respect of the subject matter it may fall out to displease some (I cannot avoid it) it comes so near the purse: yet as of the Figtree 'tis observed, that though it be very bitter (〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉) produceth notwithstanding sweet fruit: 
Plutar. 5o. Sym●os. Probl. 9  so if the groundwork of this Discourse lie right (be the superstructure as it may) it will in the end doubtless prove profitable, how unpleasing, how bitter soever it may seem for the present, by forewarning those that are ●●able to such payments to avoid opposition that will necessitate both expense of time; time, I say (〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, 
Lat●tius in vita Theophras●i.  a precious and costly expense, as Theophrastus was wont to say) yea, and somewhat else, though fare less in value, yet of no little account (especially in these days) Money too; and if so, I shall be, I hope, distasteful to none, nor (to speak in the Apostles phrase) become his enemy to whom I tell the truth. 
Galat. 4.16.  For my part I thought it sufficient (praise I seek not) to endeavour towards the way of Pacification, it was, and is my only proposed end. And however I may fall short of the scope I aimed at, yet as in all acts Civil or Religious, or whatever else, velle, to be willing only (where ability is wanting) amounts to a performance in acceptation; so I nothing fear the censure of the ingenuous and candid Reader whose charity receiving information, but from the rules of natural reason, hath learned him to excuse imperfections with a Si desunt vires tamen est laudanda voluntas. But I wheel too far about. The occasion of that Postscript is briefly this, to wit a certain Manuscript that is carried up and down, and passeth through many men's hands (I had only a cursory view of it, and that by chance) upon the same subject with this of mine, but directly in divers material passages opposite to it. The Author of this book is or seems to be my friend; betwixt us for three or four years' last passed there hath continued an intercourse of much familiarity, so far forth that each from other might challenge ordinary Courtesies. Now that which to me herein relisheth ill, and in him indeed seemeth absonum, untunable and out of square, and friendly compass is; First, that he having had the perusal of those Papers of mine so many weeks together, till he had transcribed them, and taking advantage, belike, from the insufficiency or surmised partiality of my arguments which yet lay hidden and hurt no man) he, I say, should without provocation write, and undertake to defend upon supposition of wrong (so it is presented) such a cause as neither hath, or ever shall wittingly, and de industriâ be impeached by my tongue or pen, namely the cause of the Clergy. I fear not to say (because I can truly say) I know not, I thank God, to prevaricate, and hope never to be so unhappy as to learn. Secondly, and that which indeed is the All (if I may not be thought 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to meddle in a business wherein I have so little to do, for now indeed I have not equal cause, nor like encouragement to write that formerly I had) is this, That he goeth about by this book of his to alter, yea, utterly to a abolish a course of payment so long continued, by suggesting out of the Canon Law, and Provincial Constitutions, that injury is done by Archdeacon's (not visiting and yet) requiring and receiving Procurations in the Episcopal years of Visitation; wherein I confess he hath done the Clergy either much good, or very bad service. If his arguments be as prevalent as the title of his book is plausible, 
Clergy grievances discussed, etc.  I envy not unto him the praise of his good demerits (God forbidden that error committed should be either countenanced or continued, he deserves recompense equivalent that discovers it) but if otherwise, those that are persuaded by him may haply suffer by him (by his labour I mean) how zealous soever he seemeth to be in the Clergies cause. For the man, to give him his due, he is ingenuous, and not (as Calvin said somewhere of Osiander) futiliter, vainly or unprofitably. No, the contrary sure, dexterous also in his employments, and of ready dispatch. But I wish in this particular, being a business of moment and importance, that more consideration had been taken before he had made it so public, as it is, or importuned towards the Press to make it more. The Greeks amongst them had a Law against 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, 
U●pian in argument. Orat. An. d●ogit. p. 380. apud Demosthe●  and that no Decree should go forth inconsiderately. So also had the Emperor Augustus a Speech which he frequently used 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, 
Sueton. in August. c. 25.  implying that no determination could be unquestionably currant, that had not its settlement upon the basis or bottom of mature and deliberate counsel. Had these or such other lessons to the same purpose (whereof there are many, which the wisdom of former times hath advisedly recorded, and recommended to posterity for imitation) been seriously thought on, this hasty onset of my friend might have been forborn. Doubtless in this case he might have done better to have spared his pains, I say in this case wherein, except error certain had been found (and then, as in civil broils and discords facto potius quàm consulto opus esset, 
Tacit. 1. Hist●r.  so down with such a mischief the faster the better, 
A●isloph. in Equil. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 then) there was no cause of opposition (on his part none) nor cause of haste that I know. But to give my friend some little satisfaction, such as I may, (and I hope he will not prove like him in the Comedy, not persuaded though persuaded; 
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Aristoph. in Plut.  I conceive better of him then so) thus much I must ingenuously acknowledge. That in the Canon Law and Provincial Constitutions, from the letter of some few Texts and Glosses, such a sense, seeming at the least, as he asserts doth result; namely, that Procurations are not otherwise to be required but upon the duty of Visitation performed. 
Extr. l. ●tit. 30.  As for example, Procurationes quae ratione visitationis debentur Episcopis, etc. absque manifestâ causâ nullatenus exigantur, nisi quando personabiliter officium visitationis impendunt. And again, Archidiaconis districtius inhibemus ne aliquo modo Procurationes recipiant sine causâ rationabili, nisi illo die quo personaliter visitant. 
Provin●. Const de ossicio Archid  Such passages the Reader of our Laws will now and then meet withal. And from hence (doubtless) it is, and from axioms not well understood (as that of Cessante causa cessat effectus, 
L. adigere § Quamvis de jure Patron. c. Cum cessante ●xtr. de appellat.  and such like) that the apprehensions and conceits of many (diving no deeper into the sense and meaning of the Law then the superficies or bare letter, 
Gribald. de Rat. Stud. l. 1. c 5.  nor framing to themselves any doubt which they ought to do before they can peremptorily decide) are invaded and whirled away with error. And such I take this to be, That no Procuration can warrantably and with good conscience be demanded without the act of Visitation first performed by or in the person of him that makes such claim. But if more could not be said then this, that the Living of an Archdeacon consists of Procurations, for which he is accountable in respect of yearly payments to the King (and this is said already and seems not to satisfy) I suppose there were reason enough to plead a Custom for the payment of them in the Bishop's triennial year sine visitatione on his part; otherwise it would fall out that the omission of an act which he is forbidden to do, would destroy an Office which the equity of the Law will not permit to be. Let the Case be paralleled. A Mortuary is not properly and originally said to be due to an Ecclesiastical Incumbent Parson or Vicar from any but those only of his own Parish to whom he ministereth spiritual instruction, and hath right to their Tithes: 
C. Statu●um v. ut insra de consuetud in Gloss. But see Sir H. Spelman his judicious conjecture upon this point of Mortuaries in his Treatise de sep●ltura. p. 35.  Lyndewoods' Gloss upon the Provincial Constitutions, discovering the ground and reason of that payment to be this, namely, That when through ignorance, and sometimes through negligence and unjust detention of Tithes and Oblations the Parishioner was found tardy and faulty, etc. Ideo statuit [Archiepiscopus] quod compensatione sic subtractorum secundum melius animal defuncti Ecclesiae damno debuit applicari. But all this notwithstanding, we know the prevalency of Custom to be such, that in some places of this Kingdom they are paid to the Incumbents of other Parishes that perform no ministerial duties at all to the deceased party, nor living nor dying. 
21 H. 8. c. 6.  And the Statute doth nothing at all control the course, but makes the usage of payment only to be the Law thereof. Thus then, if the parallel come any thing near the point, if it prove but argumentum a simili that known and common axiom of Bartolus may be pertinent enough, which is this; 
L. illud. ad l. Aquil.  ubi militat eadem ratio, idem jus statui debet; and that other Rationis identitas, non patitur decisionem similium casuum esse diversam. But yet the mound is not made fast enough, cavil will find or make way through. Let's look back again and examine the places above quoted against this payment, where we shall find the constitutions set down in terms of qualification; Procurationes quae etc. sine manifesta causâ: And what needs all this if there were not yet another right besides the reason of Visitation that enforceth this payment. But concerning this particular, having written something in the foregoing Treatise, I resolve in this place to say no more. Thus much only I will intimate to my friend, because he shall wait no longer for my opinion in this point. Let the places by him urged out of the Common Law and Provincial Constitutions, 
C. 1. distinct. 11.  and Glosses, carry with him as much strength as those Laws may be imagined to be capable of, to prove and uphold his assertion; yet as the Canonists say of the Civil Law, that where it opposeth the Canon it is not to be regarded, that must give place to this, as they say: So, if any Canon or Constitution whatsoever is with us of such force (though I will yield them their due to the full) to annihilate and overthrow National Laws or Customs; 
Eut●op. l. 8. p. 119.  That any Pope's Decree or Rescript should be like those Edicta Praetoria, as the Laws of the Medes and Persians, 
Dan. 6.12.  perpetual, unalterable, and irrefragable; that he should say, and all should hearken and obey, 
Diodor. Sicul. l. 1.  as it was said of Isis' Queen of Egypt, Quae ego legibus statui nullus poterit solvere: I profess it comes not within the compass of my Creed, nor have I faith to believe it. Thus much I have learned, which I also believe, 
25 H. 8. c. 19 1 Eliz. c. 1.  that such and only such Canons and Constitutions as have been allowed by general consent and custom within the Realm, and are not contrariant or repugnant to the Laws, Statutes and Customs of the Realm, 
Coke de jure Regis Ecclesiastics, p. 32.  nor tend to the damage or hurt of the King's Prerogative Royal, are in force within this Realm; as the King's Ecclesiastical Laws of the same, and none other. Now that such Canon or Constitution Papal or Provincial that necessarily ties the receiving of Procurations to the Act & duty of Visitation only is repugnant, first to a Custom grounded and prescribed from a Record of good antiquity, and observed in divers Dioecesses of this Kingdom. And secondly to an Act of Parliament almost as ancient, that warrants such a receipt without mention of any Visitation, is evident as by that which in the precedent Tractate hath been briefly intimated, so also by that which here follows, wherein both Record and Act are more fully delivered. The Record is this.  
Archidiaconatus Glouc.  
Valet clarè in Proxis, Cenag. & Pentecostal ibid. 
26 H. 8. Extract. è Record. Primitiarum.  per annum ultra lx. s. solut. pro feud. Raphael Rawlins Collect. dict. proum, Cenag cum Pentecostal.  
64 l. 10 s.  
x ² inde 6 l. 9 s.  
Here is plainly set down the true worth and full value of the Archdeaconry of Gl. in Procurations, Synodals and Pentecostals, to wit 64 l. 10 s. And for prevention of future cavil (as if the present opposition had been so many years ago foreseen) it is expressed per annum too (for that's the matter of grievance) so much yearly worth. And what would we more to make the matter plain? He doth in my opinion little other than Nodum in scirpo quaerere, and consequently beat the air, that useth means to evade a payment so apparently clear and evident. Add to all this continual perception and collection of these duties by Archdeacon's, even from the time of the valuation of them in Anno 26 H. 8. unto this present, and tenths, as before I have said, paid out of them yearly to the Crown for all that time (I suppose there is none alive that can contradict it, et quod non disprobatur praesumitur) such Books and Acquittances as I have seen (and I have seen some that are ancient) all testifying the same. Besides I never heard of any that stood out a suit against this payment, that upon a judicial hearing or trial ever prevailed in the principal cause and point of right, but was always overthrown in the litigation, and comepelled to pay charges.  
And as for the Act of Parliament, Thus much I find conducing to my purpose in Anno 34 Hen. 8. c. 16.  
IF any person or persons being Farmer or Occupier of any Manors, 
Rastal. Abridgement. Pensions.  Lands, Tenements, Parsonages, Benefices, or other Hereditaments of any of the said late Monasteries or Ecclesiastical houses or places, or belonging to them or any of them by the King's Highness gift, grant, sale, exchange or otherwise, out of which premises any such Pensions, Portions, Corrodies, Indemnities, Synodies or Proxies or any other profits have been heretofore lawfully going out, answered or paid to any of the Archbishops, Bishops, Archdeacon's, and other Ecclesiastical persons abovesaid; do at any time after the first day of April next coming, wilfully deny the payment thereof, at the days of payment heretofore accustomed of any of the said Pensions Portions, Corrodies, Indemnities, Synodies, Proxies or any other profits, whereof the said Archbishops, Bishops, Archdeacon's, or other Ecclesiastical persons were in possession at, or within ten years' next before the time of the Dissolution of any such Monastery, or other Ecclesiastical houses or places: that then it shall be lawful for the same Archbishops, Bishops, Archdeacon's, or other Ecclesiastical persons aforesaid, being so denied to be satisfied and paid thereof, and having right to the same thing in demand, to make such process as well against every such person and persons as shall so deny payment of the same Pensions, Portions, Corodies, Proxies, Indemnities, Synodies, or any other profits which of right aught to be paid, as is aforesaid, as against the Church or Churches charged with the same, as heretofore they have lawfully done, and as by and according to the Laws and Statutes of this Realm they may now lawfully do for the true payment and recovery thereof. And if the party Defendant be lawfully convict in any such suit, cause or matter, according to the Ecclesiastical Laws, than the party Plaintiff shall have and recover against the party Defendant the thing in demand, and the value thereof in damages, with his costs for his Suit, etc.  
By this Act it is plain that all such payments as issued out of Parsonages, Benefices or other Hereditaments of the said late Monasteries to any Archbishop, Bishop, Archdeacon, etc. at or within ten years' next before the time of the Dissolution, should be still continued and duly paid as before. Now the Procurations or Proxies were yearly due, 
The Record hath its ground from an Act of Parliament of 26 H. 8. The suppression of Abbeys follows in 31 ejusdem Regis.  and paid within less than six years before the Dissolution, appeareth plainly by the preceding Record. Therefore yet to be paid according to the forerecited Act.  
But perhaps it will be objected, Why was there a Provision made by Act of Parliament for payment of these duties out of Parsonages, etc. belonging unto Monasteries, and not out of others in like manner in the then possession of spiritual Incumbents? I answer; It seems to me that this Proviso was made by the clemency of the King, and the indulgency of the Parliament to secure the rights of the Church to the true owners thereof, that haply might be passed away, and in hazard to be utterly lost by the Kings Grant to Lay-people. And this to be the ground and reason of that Provision is clearly demonstrated in the latter part of the same Act of 34. Hen. 8. where there is a course prescribed how such persons in such Cases should have remedy, and in what Court they should commence suit for the recovery of their subtracted rights, viz. in the Court of Augmentation of the Revenue of the King's Crown, and not elsewhere. These be the words of the Act whereunto I refer the Reader. Now there needed no such Act or caution as before is mentioned; no such Proviso to secure the Visitors duties from the invasion of spiritual Incumbents, of whose Promotions or Benefices the King made no sale, nor meddled withal, but left them entire, reserving to himself upon the return of the Certificate of their true value only an yearly Tenth, but with an exact deduction first of all such sum or sums of money, Procurations, or whatever else he then found them yearly charged withal: which being so allowed to the spiritual Incumbent, I conceive that those that the Laws and Statutes of this Realm have qualified and made capable of such receipts (and such are Archbishops, Bishops, Archdeacon's, &c.) may lawfully at their respective accustomed times, according to the forerecited Act, require, and so ought to receive them, till authority shall alter the course. But to this point I hope there is enough said already.  
To draw now towards a conclusion. These Reasons that I have here urged, together with those formerly mentioned, make me to think that Procurations are not payable, as my friend thinks, Ratione lummodo visitationis; no, but sometimes Custom hath its place, as all Canonists that I have read upon the point do unanimously acknowledge: yea, those or suck like reasons moved a very learned Civilian, Dr. Cousins, sometime Dean of the Arches, writing of the quality of rights Ecclesiastical, and how they became due amongst other things, saith, 
D Cousin. Polit. Ecclesiae Angl. ●ab. 8.  Pensiones indemnitatis Procurationes ratione visitationis PLERUNQ. praestandae. He doth not say as my friend saith, that they are only so due, but Plerunque so. Now what Plerunque signifies is a little to be enquired after: That it comes near to the signification which corresponds to his fancy, no Grammarian I am sure will allow. Plerunque is never found to carry the sense that solummodò doth; but that it yieldeth the same sense and signification that interdum doth, Civilians well know, 
Ulpian. l. Falsus ff. de Furt●s.  and I acknowledge. And in so doing I render him but small advantage, and myself as little prejudice. I hold my assertion still. There is jus consuetudinarium, a right of Custom by which Procurations are sometimes, and aught (as I suppose) so to be. And the sole reason of that payment dependeth not upon the Act of Visitation only, & always as my friend would have it. I have done with this business. God grant that what it aims at it may effect. Peace, peace I say, either by submitting to Truth, or convincing by Truth. Amen. Amen.  
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.   

LEt the Reader be pleased to take notice (as fit to be known) that the aforegoing Discourse and Appendix were written in the time of Dr. Robinson, late Archdeacon of Gloucester deceased, and not altered in this Impression from what they then were (examined and prepared in Order to the Press) except the mistakes in Printing, of which the most material I have here noted; others of mispointing and misaccenting, with some other literal escapes; I pray the courteous Reader to make use of his Pen to amend, or his Patience to forbear what's amiss.  
Page 7. line 4. read came Pa. 9 l. 11. r. us. Pa. 10. l. 21. r. Lions. Pa. 19 l. 3. 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Pa. 23. l. 16. r. Praelatus. Pa. 24. l. 16. r payment. Pa. 26. l. 8. r. subsistit. Pa. 26. l. 15. r. praescripta. Pa. 31. l. 13. r. is. & l. 24. r. imputari. Pa. 85. l. 21. r. Parochial, and so elsewhere. Pa. 90. l. 6. r. rise. Pa. 126. l 6. r. Nathaniel. Pa 128. l. 15. r. this. Pa. 132. l. 24, r. personaliter. Pa. 136. l. 6. r. Canon.