wyt in the chap. Cupientes, De pænis in Clement. Marginaliacap. Cupientes de pænis. Clement. In the which chapter: First, all such religious men are excommunicate, which in their Sermōs presume to withdraw their hearers from their tythes paying, due vnto churches.MarginaliaThe Friers proued to be excommunicated by the popes lawe. Secondly, in the sayd chapter all such friers are suspended from preachyng, and so are excommunicate, which within a certayne tyme do not make a concion to such as come to theyr confessions, in paying their tythes truly and duely to the Church. Thyrdly, in the foresayd chapter also, all such religious persons be bound in excommunication, which induce men by any maner of meanes, either by vow, othe, or promise, to chuse theyr burials within their Churches, or not to chaunge the same, if they haue made any such promyse before. In all which three poyntes, he proued the friers to be culpable and excommunicate.

MarginaliaAn other proofe, that the parishner may more safely goe to his curate, then to the friers. Moreouer, for the more surer way for the parishners to resort to their appoynted curates, then to þ^e friers, he argued thus. For that the parishe Priest or Curate beyng better acquaynted with his owne parishner then is a straunger, can better iudge of the nature and disposition of his disease, and minister to hym due Phisicke of penaunce for the same, and also wilbe more carefull in curyng hym.

Thus the first part of the second cōclusion or article beyng proued and argued, Armachanus procedeth farther to proue the second part:MarginaliaThe second part of the second cōclusion proued. that it is better for the parishners to leaue the friers, and to resort to their owne pastors. Which he proued by eight or nyne reasons.

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

Secondly, for that in resortyng to the ordinary of the parish, is a double reward of merite, whereas in commyng to the friers there is but one.

MarginaliaInnocent cap. Si animarum. Thyrdly, because the ordinary is more bound to his own flocke, and is to be thought to be more tender and carefull ouer them, then a straunger.

Fourthly, because to resort to the person of his owne ordinary, there is more assuraunce and certaintie, (as is aboue declared) then to an other.

Fiftly because (as Innocentius, Cap. Si animarū, sayth) the cōmyng to þ^e curate or pastor ordinary, is more easie and light, both in the night and in necessity.

Sixtly, for somuch as þ^e parishner must needes come to his Curate at some tyme, and especially beyng in necessity: It is expedient and profitable, that his former lyfe before were knowen to hym, rather then to the other.

Seuenthly, for that (as the sayd Innocentius affirmeth) it striketh more shame of his sinne to the parishener to be cōfessed to his curate whom he seeth euery day, then to a frier vnknowen.

Eightly, because it is more profitable especially for them that lyue in Matrimony, that he which 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 spirituall Phisician takyng two 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 cōclusiō argued. These thynges thus proued before, then Armachanus consequently procedeth to the thyrd part: Arguyng, how that greater detrimentes and inconueniencies do ensue by confessions, burials, and other Ecclesiasticall functions exercised by the friers, thē by pastors and secular curates, seruyng in parishes. About the which matter, the sayd Armachanus learnedly and worthely inferreth a long discourse, prouyng and inferryng how pernicious these orders of friers are to the whole state of the church: And what mischief commeth by the 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 Church. All which hys reasons & argumēts to prosecute in order as he hath left them in writyng, it would make a matter of a large booke. Notwithstandyng, because it shall not be vnfruitefull both for the tyme present & the posteritie, to know the manifold detrimentes and discommodities receaued by these friers, and to know what benefite God hath done for vs in vnburdenyng the Church of this monstruous generation:MarginaliaDefensorium Curatorum Armachani. And especially because the booke of Armachanus is rare otherwise to be founde, intituled, Defensorium Curatorum: I haue briefly therfore contracted out of the same, certaine of his reasons, such as seemed most apperteinyng and most worthy of notyng.

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

MarginaliaCap. Dudum. Item, by the sayd priuiledgies of the Popes, graunted 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 geuen to the Friers, great contention, and sometymes blowes rise betwene the friers and seculare curates, about tythes, improperations, and other auayles.

Item, by the occasion of the foresayd priuiledgies, diuers yong men as well in vniuersities as in their fathers houses, are allured craftely by the friers their confessours, to enter their orders: from thence afterward, they can not get out though they would, to the great griefe of their parentes, and no lesse repentaunce to the young men themselues. The example wherof, Armachanus in the sayd his treatise inferreth, of a certayne substantiall Englishe man beyng with him at his Inne in Rome: who hauyng a sonne at the vniuersitie of Oxford, which was entised by þ^e friers to enter into their order, could by no meanes after release hym out.MarginaliaExample of the friers theft in Oxford. But when his father & hys mother woulde come vnto hym, they could not be suffered to speake wyth hym, but vnder the friers custody. Wheras the Scripture commaundeth plainely, that who so stealeth any man & selleth him (being therof conuicted) shalbe put to death. Exod. 21. And for the same cause, the father was compelled to come vp to Rome to seeke remedy for his sonne. And thus sayth 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 þ^e sayd friers, riseth to the Clergie: for so much, as lay men seeyng their childrē thus to be stollen frō thē in þ^e vniuersities by þ^e friers, do refuse therfore to send them to their studies: Rather willyng to keepe 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 time of Armachanus. For where as in my time (sayth Armachanus) there were in the vniuersitie of Oxford xxx. thousand studentes: now are there not to be found vi. thousand. The occasion of which so great decay, is to be ascribed to no other cause, but to this circumuention onely of the friers aboue mentioned.

MarginaliaThe Friers a great cause of decay of learning. Ouer and besides this, an other inconuenience as great or greater, the sayd Armachanus inferred to proceede by þ^e friers, through the decay of doctrine, and knowledge in all maner faculties and liberall sciences, which thus he declared. For that these begging friers through their priuilegies obteyned of the Popes, to preach, to heare confessions, and to bury: and through their charters of improperations, did grow therby to such great riches and possessions by theyr begging, crauing, catching, and intermedling with Church matters, that no booke could stirre of any science, either of Diuinitie, lawe, or Phisicke, but they were both able and ready to buy it vp. So that euery couent hauing a great librarie full stuffed and furnished with all sortes of bookes, and beyng so many couents within the realme, and in euery couent so many friers increasing dayly more and more: by reasonMarginaliaBookes not to be gotten for the Friers. therof, it came to passe, that very few bookes or none at all remayne for other studentes. Which by his owne experience he thus testifieth, saying:MarginaliaExample what lacke of bookes commeth by the Friers that he hymself sent forth to the vniuersitie foure of hys owne priestes or chaplaynes, who sendyng hym word agayne þ^t they could neither finde the Bible, nor any other good profitable booke of diuinitie meete for their study, therefore were mynded to returne home to their country: and one of them, he was sure, was returned by this tyme agayne.

Furthermore, as he hath proued hetherto, the Friers to be hurtfull both to the laity, and to the clergie: so proceeding farther, he proueth them to be hurtfull also to themselues.MarginaliaThe fryers giltie in 3 faultes
1. Disobedience.
2. Auarice.
3. Pride. And that in 3. pointes, as incurring the vice of disobedience against God, against their owne rule: The vice of auarice: and the vice of pride. The probation of all which pointes, he prosecuted in a long discourse.

MarginaliaArmachanus chargeth the friers with disobedience. First (saith he) they are disobedient to the law of God: Thou shalt not couet thy neighbours house, Oxe, nor Asse, nor any thing that is his. In that they procure the Popes letters to preach in Churches, and to take burials from churches, with licence annexed withall to receaue the auailes which rise of the same, which properly belongeth to the right of parish priestes.

Item, they are disobedient to thys rule of the Gospell: