An apologie for sundrie proceedings by iurisdiction ecclesiasticall, of late times by some chalenged, and also diuersly by them impugned By which apologie (in their seuerall due places) all the reasons and allegations set downe as well in a treatise, as in certaine notes (that goe from hand to hand) both against proceeding ex officio, and against oaths ministred to parties in causes criminall; are also examined and answered: vpon that occasion lately reuiewed, and much enlarged aboue the first priuate proiect, and now published, being diuided into three partes: the first part whereof chieflie sheweth what matters be incident to ecclesiasticall conisance; and so allowed by statutes and common law: the second treateth (for the most part) of the two wayes of proceeding in causes criminal ... the third concerneth oaths in generall ... Whereunto ... I haue presumed to adioine that right excellent and sound determination (concerning oaths) which was made by M. Lancelot Androvves ....

THE CONTENTS OF the seuerall Chapters of the First part. (Book 1)

• 1 THat a seuerall royall assent is not required to the executing of euery particular Canon.
• 2 The particular distribution of all other causes to be proued to be of Ec∣clesiasticall conusance, besides Testamentarie or Matrimoniall, with a dis∣course of bishops certificates against persons excommunicated, being a spe∣ciall point of their voluntarie iurisdiction, where there is no partie which prosecuteth.
• 3 That matters in the former chapter adioyned to Testamentarie & Ma∣trimoniall causes (though properly they be not of Testament or Matrimony) are of Ecclesiasticall conusance, and how farre.
• 4 Generall proofs out of statutes, that sundry other causes besides Testa∣mentarie or Matrimoniall, are of Ecclesiasticall conusance.
• 5 That suites for title of Benefices vpon voidance or spoliation: likewise that suites for tithes, oblations, mortuaries, &c. for pensions, procurations, &c. are of Ecclesiasticall iurisdiction, is prooued by statutes especially.
• 6 That suites for right of tithes belong to the Ecclesiasticall iurisdiction, and how farre, is shewed out of the books and reports of the Common law: so of places of buriall and Churchyardes: and of pensions, mortuaries, ob∣lations, &c.
• 7 Of right to haue a Curate: and of contributions to reparations, and to other things required in Churches.
• 8 Proofes in generall, that sundry crimes and offences are punishable by Ecclesiasticall iurisdiction: and namely idolatrie, heresie, periurie, or laesio fi∣dei, and how farre the last of these is there to be corrected: also of disturbance of diuine seruice, or not frequenting of it, and neglect of the Sacraments.
• ...

• 9 That Simony, Vsury, defamation or slander, beating of a Clerke, sacri∣ledge, brawling or fighting in Church or Churchyarde, dilapidations or waste of an Ecclesiasticall liuing, and all incontinency are punishable by ec∣clesiasticall authority, and how farre.
• 10 That the matters and crimes here reckoned, be also of ecclesiasticall iurisdiction: and proofes that any subiects, lay or other, may be cited in any cause ecclesiasticall.
• 11 That lay men may be cited and vrged to take oathes in other causes, then Testamentarie or Matrimoniall.
• 12 The grounds of the two next former opinions examined and confuted.
• 13 That iudgement of heresie still remaineth (at the Common law) in iudges ecclesiasticall: and that the prouiso touching heresie, in the statute 1. Eliz. cap. 1. is onely spoken of ecclesiasticall commissioners thereby autho∣rised.
• 14 That by the statute, her Maiestie may commit authoritie, and they may take and vse for ecclesiasticall causes, attachments, imprisonments, and fines.
• 15 That an ecclesiasticall person may be depriued of his benefice without enditement or prosecution of partie.
• 16 That after fortie dayes, an excommunicate person may be otherwise punished then vpon the writ De excomm. capiendo; and that the said writ may and ought to be awarded, vpon contempts rising on other causes ecclesiasti∣call then any of those ten crimes that be mentioned in the stat. 5. Eliz. cap. 23.
• 17 Of a prohibition, what it is: where it lieth not, and where it doth: and how it ceaseth by a consultation: and of the writ of Indicauit.
• 18 An analysis or vnfolding of the two speciall statutes touching Premu∣nire, with sundry questions and doubts about that matter, requiring more graue resolution.

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