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Trinit. 7 Jacobi Regis.
XIV. The Case De Modo Decimandi, and of Pro∣hibitions, debated before the Kings Majesty.
RIchard, Archbishop of Canterbury, accompanyed with the Bishop of London, the Bishop of Bathe and Wells, the Bishop of Roche∣ster, and divers Doctors of the Civil and Canon Law, as Dr. Dunn Iudg of the Arches, Dr. Bennet Iudg of the Prerogative, Dr. James, Dr. Martin, and divers other Doctors of the Civil and Canon Law came attending upon them to the King to Whitehall the Thursday, Fri∣day, and Saturday after Easter-Term, in the Councel-Chamber; where the Cheif Iustice, and I my self, Daniel Iudg of the Common-Pleas, and Williams Iudg of the Kings-Bench, by the command of the King attended also: where the King being assisted with his Privy Councel, all sitting at the Councel-Table, spake as a most gracious, good, and excellent Soveraign, to this effect: As I would not suffer any novel∣ty or Innovations in my Courts of Iustice Ecclesiastical and Tem∣poral; so I will not have any of the Laws, which have had judicial allowances in the times of the Kings of England before him, to be for∣gotten, but to be put in execution. And for as much as upon the conten∣tions between the Ecclesiastical and Temporal Courts great trouble, inconvenience and loss may arise to the subjects of both parts, namely when the controversie ariseth upon the jurisdiction of my Courts of or∣dinary Iustice; and because I am the head of Iustice immediately under God, and knowing what hurt may grow to my Subjects of both sides, when no private case, but when the Iurisdictions of my Courts are drawn in question, which in effect concerneth all my Subjects, I thought that it stood with the Office of a King, which God hath com∣mitted to me, to hear the controversies between the Bishops and other of his Clergy, and the Iudges of the Laws of England, and to take Order, that for the good and quiet of his Subjects, that the one do not encroach upon the other, but that every of them hold themselves with∣in their natural and local jurisdiction, without encroachment or usur∣pation the one upon the other. And he said, that the onely question then to be disputed was, If a Parson, or a Vicar of a Parish, sueth one of his Parish in the Spiritual Court for Tythes in kinde, or Lay-fee, and the Defendant alledgeth a custom or prescription De modo Dec••¦mandi, if that custom or prescription, De modo Decimandi, shall be tryed and determined before the Iudg Ecclesiastical where the Suit is begun; or a Prohibition lyeth, to try the same by the common Law. And the King directed, that we who were Iudges should declare the reasons and causes of our proceedings, and that he would hear the au∣thorities in the Law which we had to warrant our proceedings in granting of Prohibition in cases of Modo Decimandi. But the Arch∣bishop of Canterbury kneeled before the King, and desired him, that he would hear him and others who are provided to speak in the case for the good of the Church of England: and the Archbishop himself inveigh∣ed much against two things: 1. That a Modus Decimandi should be