MarginaliaArmachanus cited vp to the pope by the fryers.being appealed cited, and brought vp to the presence of the Pope: began to proue the same his foresayd conclusions or assertions vnder protestation made, MarginaliaThe protestation of Armachanus.that his intention was not to affirme any thing contrarye to the christian faith, or to the catholike doctrine, or that should be preiudicial or destructiue to the orders of the begging friars, such as were approued by holy church, or confirmed by the high bishops: But onely his entētion was, to haue the sayd orders reduced to the puritie of their first institution. Concerning which matter, he desired his reasons to be heard, which if they should be founde weaker then the reasons of the friars, the punishment should be his. If otherwyse, þ^t then the Friars iustly to be rewarded, for theyr slaunderous obtrectation and publique contumelies, and iniurious dealings both priuatly and publikly wrought and sought agaynst him: And so taking for hys theame: MarginaliaHis theame.Nolite iudicare secundum faciem, sed iustum iudicium iudicate. &c. MarginaliaIoan. 7.that is. Iudge not after the outwarde face, but iudge true iudgement. &c. Iohn. 7. he entreth to the probation of his conclusions: MarginaliaThe first conclusion proponed.
Probation.First beginning with the former conclusion, that the parish church was a place more fyt and cōuenient, for the confessions or burials of the parishners to be vsed, then any other exempt church or place of the Friars. Which he proued by three causes: Marginalia1
CertaintiesFirst, for the more surenes or certeintie to the consciēce of the parishner confessed. Marginalia2
Vtilitie.Secondly, for their more vtilitie & profit of him. Marginalia3
Commoditie.Thirdly, for the lesse incommoditie ensuing by confessions taken in parish churches, then in Friars churches.

MarginaliaThe first part of the first conclusion confirmed.As touching the first, for the more assurednes & certeintie, thus he argued vpon the place of Deut. xij. vnto that place, which the Lord your God shall assigne of all your tribes, to place hys name and dwell therein: thether shall you resort, to offer vp your oblatiōs, tithes. &c. And in the same place God sayth: Se thou offer not thy sacrifice in euery place that liketh thee: but in that place alone which the Lord hath elect in one of the tribes, and thou shalt do in all thynges as I commaund thee. MarginaliaDeut. 12.Also vpō the wordes of Leuit. 4. and. 5. which be these. Whosoeuer sinneth of ignorance, shall offer to the priest, and he shall pray for him, and he shalbe forgeuen. &c. MarginaliaLeuit. 4. 5.Vpon these places thus he argued: that forasmuch as the sacramentes of the churche are to be frequented and vsed in no other place but onely in that, which by God himselfe peculiarlye is assigned and commaunded for the same: And seyng that elect place in the law represēteth the parish churches: neither can it bee proued that the Friars church is the place prescribed of God, but onely permitted by bishops of Rome: He concluded therfore, that parish churches for confessions & burials, were more sure and certaine to the conscience of the parishners, then the exempt places of the Friars.

MarginaliaThe fyrst part of the fyrst conclusion, confirmed by an other reason.By an other reason also he confirmed the same, for that the parish church commonly stādeth free from the Popes interdict, so doo not the churches of the Friars. As which stande not so cleare, but that they are vnder suspicion, and doubt of the popes interdict: by the Decretall. De sepulturis in sexto. cap. Animarum periculis. In which decretall, all such conuentuall churches & churchyardes of Friers be interdicted, which doo induce anye person or persons, eyther by othe or promise made, to chuse their burying places in their churches, as commonly the Friars are reported to do. For els, what parishner would forsake his own church and parish where his aunciters do lye, to be buried among the Friers, if the Friars did not induce them so to do?

MarginaliaThe second part of the fyrst conclusion confirmed.Moreouer for the second part, concerning the vtility of the place, that he confirmed doublewyse. First, for that confession made within the parish churche, hath a double merite of obedience, both for obeying the commaundement of God in opening his confession ¶ this he speaketh according to the blindnes of that time, forthat auriculare confession hath any commaundement of God, cannot be proued) and also in obeying the commaundement of God in obseruing the place by hym apoynted, the whiche second merite of obedience lacketh in the Friers parte. MarginaliaAn other continuation of the second parte of the fyrst article.Secondly, hee proued to be greater vtilitie for a Parishner to confesse him in his Parrishe Churche then with the Friers. Because commonly the number of Christen people praying, is ten times more in parishe churches. Wherby is to be thought, that eche singular person may better be helped through moe praiers, then in the oratories of the friers. &c.

MarginaliaThe third part of the fyrst conclusion proued.Farther as touching the third parte of the first conclusion or article he proued, that it had fewer incommodities to resorte euery man to his parishe churche, then to the Fryers: for that bothe greater vtilitie, and more certentie (as hath been proued) did ensue thereof: which two being take awaye, (as muste neede, in resorting to the Friers church) then two speciall cōmodities should be hindered, and so great incommodities thereof should follow. And thus much for the place of the Friers.

MarginaliaThe 2. conclusion or Article.Now to the seconde conclusion or article touchinge the person of the Frier, and of the ordinarie curate. If the question bee, whiche of these two is to be preferred in the office of ecclesiasticall administration: the opinion of Armachanus was, that the ordinarie curate was better thē the extraordinarie Frier, Marginalia3. respectes or causes to be prouedand that for the thre foresayd respectes, to witte, for certentie or assuerance, for vtilitie, and for incommoditie to be auoyded.

First that it is more safe and sure for the paryshners to resorte to their ordinarie, or parish Priest, he argued by three reasons: first because the persone of the lawefull ordinarie or priests is expressely of God commaunded, where the persō of the Frier is not, & therfore is forbyd. Secondly, because the parishner maye more trust to his ordinary curate, as who is more boūd & obliged to prouide and to be carefull for him, then any other extraordinarie person. Thirdly, because in þ^e person of the ordynarye curate, commonly there is no doubte of anye interdict to bynde hym: whereas contrarye in the Fryers behalfe, there is good matter to doubt, whether he stand bound vnder the popes censure of excommunication, or not, and that for diuers causes, as by the cap. Religiosi, in Clementinis de decimis. MarginaliaCa. Regiosi. Clemēt de decimisWhere it is decreed, that all such religious men, which hauing no benefices nor cure of soule, presume to improperate vnto them glebe land or other tithes dewe vnto churches, and not appertayning to them (by anye maner of coulour or fraudulent circumuention) do incurre the sentence of excommunication, ipso facto. Also by an other cap. Religiosi, De priuilegiis, in Clement. MarginaliaIn Clemētinis de priuilegijs cap. Religiosi.Where it is sayd, that all such religious men are excommunicated De facto, who so euer do absolue any, agaynst whom the sentence of excommunication hath been denounced by statute prouinciall, or synodall: MarginaliaThe fryers proued to be excommunicate by the popes laweas it is commonly said, that the friers hearing mens confessions are accustomed to do, in loosing them whom the censure of Prelates, or their Officials haue bound. Wherof the sayd Armachanus bryngeth foorth example of his owne dioces: For I (sayde he) in myne owne dioces of Armachan, haue as good as two thousand vnder me, who by the censure of excommunicatiō euery yere, denounced agaynst wylful murtherers, common theues, burners of mens houses, and such like malefactors, stand accursed: Of all which nomber notwithstāding, scarcely. 14. therbe, which come to me or to any about me for their absolution. And yet all they receyue the sacramentes as other do, and all because they be absoiled, or because they fayne them selues to be absoiled by none other then by the friars: who in so doing, are proued to be vnder the daunger of excommunication, both the Friars, and also the parishners, if they knowyng thereof do consent to their errour.

Also out of the sayd Clementines, by three other pla