ces in one chapter, he proued the friers to be excommunicate, to wyt in the chapt. Cupientes, De pænis in Clement. Marginaliacap. Cupiētes de pænis Clement.In the which chapter, First, all such religious mē are excommunicate, which in their sermons presume to withdraw their hearers from their tythes paying, dew vnto churches. MarginaliaThe friers proued to bee excommunicate by the popes law.Secondly, in the sayd chapter all suche friars are suspended from preaching, and so are excommunicate, which within a certayne tyme do not make a conscion to suche as come to their confessions, in paying their tithes truly and dewly to the church. Thirdly, in the foresayd chapter also, all suche religious persons be bound in excommunication, which induce men by any maner of meanes, either by vowe, othe, or promise, to chuse their burials wythin their churches, or not to chaunge the same, if they haue made any such promyse before. In all whych three poyntes, he proued the Friars to be culpable and excommunicate.

MarginaliaAn other proofe, that the parishner may more safely goe to his curate, then to the fryers.Moreouer, for the more surer way for the parishners to resorte to their appointed curates, then to the fryers, he argued thus. For þ^t the parishe priest or curate beyng better acquainted with his owne parishener then is a straunger, can better iudge of the nature and dispositiō of his disease, and minister to him dew Phisicke of penaunce for the same, and also wilbe more carefull in curyng hym.

Thus the first part of the second conclusion or article being proued & argued, Armachanus procedeth farther to proue the second part: MarginaliaThe second part of the second conclusion proued.that it is better for the parisheners to leaue the friers, and to resorte to their owne pastors. Whiche he proued by eight or nyne reasons.

First, for that the ordinarie pastor, is properly appointed of God vnto that ministerie: Wheras the frier, is but onely permitted of man therunto.

Secondly, for that in resortyng to the ordinarie of the parish, is a double reward of merite, wheras in cōming to the friers there is but one.

MarginaliaInnocent cap. Si animarum.Thirdly, because the ordinarie is more bounde to hys owne flocke, and is to be thought to be more tender and carefull ouer them, then a straunger.

Fourthly, because to resorte to the person of his owne ordinarie, there is more assuraunce and certaynty, (as is aboue declared) then to an other.

Fiftly, because (as Innocentius, Cap. Si animarū, sayth) the commyng to the curate or pastor ordinarie, is more easy and light, both in the night and in necessitie.

Sixtlye, for so muche as the parishner muste neede come to his curate at some tyme, and especially beyng in necessitie: It is expedient and profitable, that his former life before were knowen to him, rather then to the other.

Seuenthlye, for that (as the sayde Innocentius affirmeth) it striketh more shame of his synne to the parishener to be confessed to his curate whō he seeth euery day, then to a frier vnknowen.

Eightlye, because it is more profitable especiallye for them that lyue in matrimonie, that he whiche heareth the confession of the one, should heare also the confession of the other. So that one hearyng the confession of them both as a spiritual Phisiciā takyng ij. cures in one body, may better know what spirituall counsaile is to be ministred to the one, after he hath cured the other. &c.

MarginaliaThe third part of the second conclusion argued.These things thus proued before, then Armachanus consequently procedeth to the third part: Arguyng, how that greater detrimentes and inconueniencies do ensue by confessions, burials, and other ecclesiasticall functiōs exercised by the friers, then by pastors and secular curates, seruyng in parishes. About the which matter, the sayd Armachanus learnedlye and worthely inferreth a long discourse, prouyng and inferryng how pernicious those orders of friers are to the whole state of þ^e churche: And what mischief cōmeth by þ^e priuiledgies of certaine popes, which haue priuiledged them to intermedle in the office and function of ecclesiasticall ministers, to preach, and to take almes and tythes of the people, and improperations from the churche. All whiche his reasons and argumentes to prosecute in order as he hathe left them in writyng, it would make a matter of a large booke.Notwithstandyng, because it shall not bee vnfruitefull both for the tyme present and the posteritie, to know the manifold detrimentes and discommodities receaued by these friers, and to knowe what benefite God hath done for vs in vnburdenyng the churche of this monstruous generation: MarginaliaDefensorium Curatorū Armachani.And especially because the booke of Armachanus is rare otherwise to be founde, intituled, Defensorium Curatorum: I haue briefely therfore contracted out of the same, certeine of his reasons, such as semed most apperteinyng and most worthy of notyng.

And first, alledgyng the autoritie of Innocent the 4: He importeth foure inconueniences rising by the friers, which be these: Contempt of the people agaynst their ordinaries, decreasing of deuotion, taking away of shame from the people by confessing to the friers, deteining of oblations such as the people are wont to geue at their confession and burials, and which by right belong to the parish churches.

MarginaliaCap. dudum.Item, by the sayd priuiledgies of the Popes graūted to the friers, many other great enormities do rise. As first because therby, the true shepherdes do not know the faces of their flocke.

MarginaliaThe harmes that come to the world by the friers, declared.Item, by the occasion of these priuiledgies geuē to the friers, great contention, and some tymes blows rise betwene the friers and seculare curates, about tythes, improperations, and other auayles.

Item, by the occasion of the foresaid priuiledgies, diuers yong mē as well in vniuersities as in their fathers houses, are allured craftly by the friers their cōfessours, to enter their orders: From whence afterward, they can not get out thoughe they would, to the great grief of their parentes, and no lesse repentaunce to the yong mē them selues. The example wherof, Armachanus in the said his treatise inferreth, of a certein substantiall English man beyng with hym at his Inne in Rome: who hauyng a sonne at the vniuersitie of Oxford, whiche was entised by the friers to enter into their order, could by no meanes after release him out. MarginaliaExample of the friers theft in Oxford.But when his father and his mother would come to hym, they could not be suffered to speake w^t him, but vnder the friers custody. Wheras the Scripture commaūdeth plainly, that who so stealeth any man & selleth him (beyng therof conuicted) shalbe put to death. Exod. 21. And for the same cause, the father was compelled to come vp to Rome to seake remedy for his sonne. And thus saith Armachanus, it may appeare what damage and detrimentes come, by these friers vnto the common people.

MarginaliaFriers hinderers of Vniuersities.And no lesse inconuenience and daunger also by the said friers, riseth to the clergie: For so much, as lay men seyng their children thus to bee stollen from them in the vniuersities by the friers, do refuse therfore to sēd them to their studies: Rather willing to kepe them at home to their occupation or to folow the plough, then so to be circumuented and defeated of their sonnes at the vniuersitie, as by dayly experience (sayth he) doth manifestly appeare. Marginalia30. thousand students in Oxford, in the tyme of Armachanus.For where as in my tyme (sayth Armachanus) there were in the vniuersitie of Oxford xxx. thousand studentes: now are there not to be found vi. thousand. The occasion of whiche so great decay, is to be ascribed to no other cause, but to this circumuētion onely of the friers aboue mentioned.

MarginaliaThe Friers a great cause of decay of learnyng.Ouer & besides this, an other inconuenience as great or greater, the sayd Armachanus inferred to procede by the friers, through the decay of doctrine, and knowledge in all maner faculties and liberall sciences, whiche thus he declared. For that these begging friers through their priuiledgies obteined of the popes, to preach, to heare cōfessions, and to bury: and through their charters of improperations, did grow therby to such great riches and possessions by their beggyng, crauyng, catching, and intermedling in church matters, that no booke could stirre of any science, either of Diuinitie, lawe, or Phisicke, but