disputyng and contendyng about the beggyng of Christ our Sauiour. Wherupon (he beyng greatly vrged and requested oft tymes therūto) at request, made seuen or eight Sermōs vnto the people at London, wherin he vttered. ix. conclusions. Wherof the first and principall conclusion was, touchyng the matter of the friers priuiledgies, in hearyng confessions. His conclusion was this  

Commentary     Close

Foxe now reprints Fitzralph's 'Defensio curatorum'. Which of the numerous English or Latin versions of this work that Foxe consulted is anyone's guess, as he proceeded to reorder and restructure the work into what he considered a more appropriate form. Foxe remains faithful to the content, but not the format, of the original. (See 'Defensio Curatorum' in John Trevisa, Dialogus inter militum et clericum, ed. A. J. Perry, Early English Text Society, original series, 167 (London, 1925), pp. 39-93.

[Back to Top]

First, that if a doubt or question be moued for hearyng cōfessiōs, which of ij. places is rather to be chosen. The parish church is to be preferred before the church of the friers.

Secondly, beyng demaunded whether is to be taken (to heare the confession of the Parishners the Parson, or the Curate, or of the frier) It is to be sayd, rather the Parson or the Curate.

Thirdly, that our Lord Iesus Christ in his humaine conuersation was alwayes poore, but not that he loued pouertie, or coueted to be poore.

Fourthly, that our Lord Iesus Christ dyd neuer beg, wilfully professing to be poore.

Fiftly, that our Lord Iesus Christ did neuer teach wilfully to beg, or to professe wilfull beggery.

The sixt cōclusion was, that Christ our Lord did contrary, that men ought not wilfully or purposely without meere necessitie to beg.

Seuenthly, that there is neither wisedome nor holynes, for any man to take vpon hym wilfull beggery, perpetually to be obserued.

The eight, that it is not agreeing to the rule of the Obseruantes or Friaes Minorites, to obserue wilful pouerty.

The last conclusion was, touchyng the Bull of Pope Alexander the fourth, which cōdemned the libell of the maisters of Paris: that the same Bull toucheth none of these vij. last conclusions.

Vpon these. ix. conclusions premised, ArmachanusMarginaliaArmachanus cited vp to the pope by the friers. beiyg 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 thyng contrary to the Christian fayth, or to the Catholicke doctrine, or that should be preiudiciall or destructiue to þ^e orders of the beggyng friers, such as were approued by holy Church, or confirmed by the hygh Byshops: But onely his intentiō was, to haue the sayd orders reduced to the puritie of their first institution. Concernyng which matter, he desired his reasons to be heard, which if they should be found weaker then the reasons of the friers, the punishment should be his. If otherwise, that then the friers iustly to be rewarded, for their slaunderous obtrectation and publique cōtumelies, and iniurious dealyngs both priuatly and publikely wrought and sought agaynst hym: And so takyng for his Theame:MarginaliaHis theame. Nolite iudicare secundum faciem, sed iustum iudicium iudicate. &c. MarginaliaIohn. 7. That is. Iudge not after the outward face, but iudge true iudgement. &c. Iohn. 7. he entreth to the probation of his conclusiōs:MarginaliaThe first conclusion proponed.
Probation. First begynnyng with the former conclusion, that the Parish Church was a place more fit and conuenient, for the confessions or burials of the Parishners to be vsed, then any other exempt Church or place of the friers. Which he proued by three causes:MarginaliaCertaintie. First, for the more surenes or certeintie to the conscience of the Parishner cōfessed.MarginaliaVtilitie. Secondly, for their more vtilitie and profit of him.MarginaliaCommoditie. Thirdly, for the lesse incommoditie ensuing by confessions taken in Parish Churches, then in friers Churches.

MarginaliaThe first part of the first conclusiō confirmed. As touchyng the first, for the more assurednes and 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 his name and dwell therin: thether shall you resort, to offer vp your oblations. tithes. &c. And in the same place God sayth: See thou offer not thy sacrifice in euery place that liketh thee: but in that place alone which þ^e Lord hath elect in one of the tribes, & 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 shal pray for hym, and he shalbe forgeuen. &c.MarginaliaLeuit 4. 5. Vpō these places thus he argued: that forasmuch as the Sacraments of the Church are to be frequented and vsed in no other place but onely in that, which by God hym selfe peculiarly is assigned and commaunded for the same: And seyng that elect place in the law representeth the parish churches: neither can it be proued that the Friers Church is the place prescribed of God, but onely permitted by Byshops of Rome: He concluded therfore, that parish churches for confessions and burials, were more sure and certaine to the conscience of the Parishners, then the exempt places of the friers.

By an other reason also he confirmed the same, for that the parish Church commonly standeth free from the popes MarginaliaThe first part of the first cōclusion, cōfirmed by an other reason. interdict, so do not the Churches of the friers. As which stand not so cleare, but that they are vnder suspition, and doubt of the Popes interdict: by the Decretall. De sepulturis in sexto. cap. Animarum periculis. In which decretall, all such conuentuall Churches and Churchyeardes of friers be interdicted, which do induce any person or persons, either by othe or promise made, to chuse their burying places in their Churches, as commonly the friers are reported to do. For els, what parishner would forsake his owne Church & parish where his aunciters do lye, to be buryed among the friers, if the friers did not induce them so to do?

MarginaliaThe second part of the first conclusiō confirmed. Moreouer for the second part, concernyng the vtility of the place, that he confirmed doublewise. First, for that confession made within the parish church, hath a double merite of obedience, both for obeying the commaundement of God in openyng his cōfession ¶ this he speaketh according to the blyndnes of that tyme, for that auricular confession hath any commaundemēt of God, cannot be proued: and also in obeying the commaundement of God in obseruyng the place by hym appointed, the which secōd merite of obedience lacketh in the friers part.MarginaliaAn other confirmatiō of the second part of the first article. Secondly, he proued to be greater vtilitie for a Parishner to confesse hym in his parish Church, then with the friers. Because commonly the number of Christen people praying, is ten tymes more in parish Churches. Wherby is to be thought, that ech singular person may better be helped through moe prayers, then in the Oratories of the friers. &c.

MarginaliaThe third part of the first conclusion proued. Farther as touchyng the thyrd part of the first conclusion or article he proued, that it had fewer incommodities to resort euery man to his parish Church, then to the friers: for that both greater vtilitie, and more certeintie (as hath been proued) did ensue therof: which two beyng take away, (as muste neede, in resortyng to the friers Church) thē two speciall commodities should be hindered, and so great incommodities therof should follow. And thus much for the place of the friers.

MarginaliaThe 2. cēclusion or Article. Now to the second conclusion or article touchyng the person of the frier, and of the ordinary Curate. If the question be, which of these two is to be preferred in the office of Ecclesiasticall administration: the opinion of Armachanus was, that the ordinary Curate was better then the extraordinarie frier,Marginalia3. respectes or causes to be proued. and that for the three foresayd respectes, to witte, for certaintie or assuraunce, for vtilitie, and for incommoditie to be auoyded.

First that it is more safe and sure for the parishners to resort to their ordinary, or parish Priest, he argued by three reasons: first because the person of the lawfull ordinary or priests is expressely of God commaunded, where the person of the frier is not, and therfore is forbyd. Secondly, because the parishner may more trust to his ordinary Curate, as who is more bound and obliged to prouide and to be carefull for hym, then any other extraordinary person. Thirdly, because in the person of the ordinary Curate, commonly there is no doubt of any interdict to bynde hym: whereas contrary in the friers 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 decimis Where it is decreed, that all such religious men, which hauyng no benefices nor cure of soule, presume to improperate vnto them glebe land or other tithes due vnto Churches, and not appertayning to them (by any 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 Clementinis de priuilegijs cap. Religiosi. Where it is sayd, that all such religious men are excommunicated De facto, whosoeuer do absolue any, agaynst whom the sentence of excōmunication hath bene denounced by statute prouinciall, or sinodall:MarginaliaThe friers proued to be excommunicate by the popes law. as it is commonly sayd, that the friers hearing mens cōfessions are accustomed to do, in loosing them whom the censure of Prelates, or their Officials haue bound. Wherof the sayd Armachanus bryngeth forth example of his owne Dioces: For I (sayd he) in myne own Dioces of Armachan, haue as good as two thousand vnder me, who by the censure of excommunication euery yeare, denounced agaynst wilfull murtherers, cōmon theeues, burners of mēs houses, and such lyke malefactors, stand accursed: Of all which number notwithstandyng, scarcely. 14. there be, which come to me or to any about me for their absolution. And yet all they receyue the Sacramentes as other do, & all because they be absoyled, or because they fayne themselues to be absoyled by none other then by the friers: who in so doyng, are proued to be vnder the daunger of excommunication, both the friers, and also the parishners, if they knowyng therof do consent to their errour.

Also out of the sayd Clementines, by three other places in one chapter, he proued the friers to be excommunicate, to