hath nothing to give for what he hath was given Deo Ecclesiae who are the proprietaries he but the usu-fructuary and so cannot dispose of anothers For to whom 1 Flet. lib. 3. c. 4. sect 1. pag. 179. Bracton ubi supra To any one Bond or free Minor or of full age Jew or Christian But not to a wife not 2 Quibus dare inhibetur Fleta lib. eod cap. 5. Magn. Chart. c. 36. to the Church in Mort-maine except by license for every thing is to be kept within its due bounds and a proportionable equality is like to be the Mother of longest duration A monstrous growth tends to the sooner ruine of it self or the whole and therefore in its favour it is provided the Church may not spread too big lest pondere pressa suo it fall with its own unweildiness Lastly What may be given what is Corporall or in visible a possession or a right a whole or a part but not what is 3 Nullius autem sunt res sacrae religiosae sanctae Quod enim divini juris est id nullius in bonis est Instit 2. de rerum divisione sect 7. F. â—ib 1. tit 8. lib 2. sect sacrae Bracton lib. 1. cap. 12. sect 8. Extra patrimonium verò res sacrae Communes Fet. lib. 3. cap. 1. sect 3. no ones as is every thing sacred This is supposed out of every ones reach 't is no bodies on earth and so none can lay 4 Item donari non poterit res quae possideri non potest sicut res sacra vel religiosa vel quasi qualis est res fisci Bracton fol. 14 hand of it to give it forth to another CHAP. VIII THese things may seem needfull to have been pre-considered of gifts to the intent what follows may not seem to have crossed the generall Doctrine Among particular instances whereof to our purpose A little before the year after Christ 600. begin first with the head that which was to Augustine or in that Augustines time whom some love to call the Apostle of the English men who found most of this English part of the Isle as Barbarous as the whole is like to be when covetous men may save this expence We censure not what the grace or power of God can do but in likelyhood what he will Miracles are not to be multiplyed without cause nor he to be put out of his ordinary course of By-causes according to which we are likewise to expect and judge that will be in humane probability is by them Like to be He then found here the land dark as Sodome the souls of men over-spread with Atheism and Idolatry and no truth or knowledg of God which he divulged successfully and took care or the blessed Providence of God brought to pass that the Vine and the Elm were planted and have grown comfortably together Christian Religion and this acknowledged good support thereof being by one and the same Hand here planted and rooted and as they were born and have lived if any be God grant as Twins they be not taken away together also But whence does this appear we should gladly have taken it up from Bede or Malmsbury or any other creditable story but we have it from what was more authentick the most substantiall credit of a solemn law By all mens leave This shall be more creditable then any private Mans words what is planted and shining in any publick past law being less subject to forgery and subornation then any single simple mans Testimony whatsoever In King Edward the Confessors Laws then thus we finde Of all 1 De omni annona c. The Latin is after transcribed pa. 79. Corn the Tenth sheaf is due unto God and so to be paid And if any keep Mares the Tenth Colt but if he have but one or two so many pence So if any keep kine the Tenth Calf or if one or two so many half pence He that makes Cheeses the Tenth or if not the Tenth days milk In like manner Lamb Wooll Sheep Butter Pigs of all the Tenth The tenth also of the commodity of Bees and of Wood Medow Waters Mils Parks Ponds c. the Tenth to him that gives both Nine and the Tenth He that detaineth let him be forced by publick Justice so I interpret that called there the Kings and the Bishops because their powers were then represented together to confirm both ways Civilly and Ecclesiastically for so preached and taught blessed Augustine and so was granted by the King the Lords and the People Thus far that solemn Law the authority of whose testimony we shall 2 Vid. pa 90 91 c. hereafter more fully set forth when for the sake thereof we shall shew the whole collection to be one of the ancientest pieces of the Common law so often called for by the people confirmed by the King and entred into the Coronation Oath c. In the mean while by all the credit this testimony can give Augustine preached Tythes the People believed the King and Parliament granted for what can be less meant by Concessa sunt à Rege Baronibus Populo and under the specification of Colt Lambs Fleece Corn Milk Honey and most particulars claimed Let no man take advantage by thinking me so unadvised as to suppose Parliaments so early under that name which I know came in long after and whatsoever should carry that title applyed in strictness to any thing beyond a good way in the Norman times I should suspect it for Counterfeit but that Publick meeting which had the power and vote of the Land consisting of the Head and its subordinate Members call it Senate Gemote Court Councell or whatsoever else the Collection and Congregation of the Land granted this Object I know well what may be said to the contrary as that Bede who lived soon after and reports that story of Conversion at large Vid. Hist Eccles lib. 1. cap. 26. in fiu cap. 27. Interog 1. and is most authentick for those times and the following sayes nothing of any such thing not when he had just occasion so to doe for he speaks both of Augustines entertainment a few lands and his sending back to Rome about Church-maintenance in generall and how it should be divided but not a word of TYTHES Whereunto I answer True this but what then Answ 1. Negative testimonies are the weakest of proofs upon the matter no proof at all as silent witnesses that say nothing If Bede had said any thing we should have much listened and that whether he had spoke against or for us but saying nothing he is but a mute and no more to be regarded strictly then he that is called comes in and is silent 2. As to his yet mentioning other things neer the time of both was but when yet things were raw when he had not preached nor the people beleeved or in reward setled what they may have afterwards Time does
stranger to their proceedings nor as to gain or lose did I ever do or suffer what might import favour or wrong to be thereby holpen or hindred at any time Onely this I have heard spoke out by the clear and loud fame of the world That here mens rights were tried and examined and lost and recovered Pleas were heard and sentence given and that sentence did or should or might have found obedience If all had not been right and square as we say exactly justifiable If there had been any remedy at Westminster or any where else that could have been thought of If the Goddess Themis had had any Asylum or refuge upon Earth whereunto covetous and carnal men might have had recourse in their fears with any hopes of protection in those affrighting tempests that like some kinde of lightning melted their gold and silver in their purses yea out of their purses No doubt but such desired shelter would have been made to with greatest diligence and truest endeavour Questionless in what dark or remote corner soever it had hid it self above ground men would have both sought it carefully and found it successfully Undoubtedly every one man would have told his neighbour and he another these more and by degrees all The information would so soon and luckily have propagated it self that no manner of doubt should now have remained whether such a place had been or not the path would have been more trodden to it then to any Church or Market-place in England But they knew there was none such They knew all was there of this nature while it was firm and answerable They knew those sentences were there in their kinde by the approbation of all men and Authority of the Law valid as those at Westminster Pulsa dignoscere cautus quid solidum crepet They knew Try whoso would There was that solidity Civil Laws did approve successions of Parliament had allowed the King had given leave the whole State had given allowance of those proceedings and above all the Law held them just and according to Law And so unless her self would contradict her self the head fall off from a principall member or Justice oppose Righteousness They all the Magistrates Powers Laws and Lawyers of England knew and could not but pronounce a just sentence in that Court for Tythes to be just were it for sheaf lamb fruit venison the tenth Thrave or but a Tythe-lock of wooll What a sentence did at Westminster that a decree did there What a Verdict and Judgement upon an Assise That a conclusive determination upon mature deliberation did here and What sufficient ground of Right that gave of Dominion that a man might thence claim a piece of ground or debt of money Hic codex est meus Haec domus est vestra By equall vertue of a like sentence here this due charged upon every parcel of land or herd of Cattle had declared right yea and judgement for it in order to execution Or if any would not come and submit vocetur primò secundò quòd si nec sic ad emendationem venerit Excommunicetur as tertiò leave was given in the Charter Thus as to the power intrusted with the Church I have now almost done we see what the Supream Authority gave in Commission we see what use was made of it we see what connivence or more there was of all other powers and what obedience likely but of this the less being unacquainted at Offices We cannot in short doubt but the Church made Laws about Tythes that they caused them to be done to execution that the State inabled them that the whole Civill Power more then connived or permitted appointed authorised and strengthned that power whereby was acted thus according to office and duty on one part and leave desire expectation and full trust on the other The result of all doubtless a full right a clear assured undoubted fast safe and honest title as good as Any had to Any thing and the evidence of things may discharge the superfluity of more wast words If any right were anywhere it may doubtless be reasonably thought to have been unavoidably Here Sure and Thus. There remains yet one onely thing more somewhat in intention was never quickned to full Act but was purposed to give much in little the life spirits and vertue of all before in the new intended to be purified Canon Law by Hen. 8. authority A thing often glanced at but here fit to be represented together and briefly and summarily was therefore thus The 1 25 Hen 8 19. Clergy upon casting off the yoak of forain Supremacy and submitting to that King petitioned to have the Provinciall Synods and all the Canon Law as far as of force here to be viewed and purged and this to be done by thirty two persons to be chosen by the King wherof sixteen of the Temporalty sixteen of the Clergy The King granted readily what perhaps he had willed to be asked and the persons were to be members of the present Parliament but because so great a wheel could not be brought about in so little time the Parliament sitting their desires inlarged were also granted that it might be done after and then so many Canons as should continue approved should be retained the rest as refuse cast away This was upon the matter to furnish the Spirituall Court with a new rule wherto as much of the old as would should have served the turn again but till that were done what was in being to remain and this so farre intended and minded even with an eye to this very particular that after when a 2 Provided always and be it enaed by Authority aforesaid that this Act for Recovering of Tythes ne any thing therein contained shall take force effect but only untill such time as the Kings Highnesâ—e and such other 32 persons which his Highnesse shall name and appoint for the making and establishing of such Laws as his Highnesse shall confirm and ratifie to be called the Ecclesiastical Laws of this Church of England And after the said Laws so ratified and confirmed as is aforesaid that then the Tythes to be paid to every Ecclesiâ—stical person according to such Laws and none otherwise 27 Hen. 8. chap. 20. new Law was needed for Tythes Proviso was thought as fit to be added that it should obtain but till the promised reformation In the mean while time slipping away and little or nothing done in the business under nor after Parliament there was need to have the power 1 27 Hen. 8. 15. renewed for longer date which was done once and again and so at length for the whole 2 35 Hen. 8 16. time of the Kings life K. Edw. 6. also 3 2 3 Edw. 6. 11. continued it for three years in his time All repealed by 4 1 2 Phil Mar. chap. 8. Queen Mary but revived by their 5 Elizab. 1. c. 1. Maiden Sister The fruit I find
we keep it we cherish it we will not part with it though God himself become intercessor for Justice and stand as it were at the Magistrates elbow backing his command with a higher accessory Authority Nec vox hominem sonat there is somewhat more then meerly humane in that loud and publicke voice of The allowed Law at least Aliquid Divini which God uses to impart to that substitution of himself and Vicarious power Rom. 13. 2 which whose resisteth resisteth the Ordinance of God and they that do so resist must look to receive to themselves damnation What shall we say to this if the enemy should lay this to our Charge as be we sure God will be our enemy and put it home severely unless we repent and amend Is this a part of our Gospel-righteousness a fruit of our holy Religion that will consist with our Justification by Faith and shall we furnish him with arguments or sophismes enough against that opinion or the consequents thereof by Such a Life Iohn 12 35. While we have the Light doe we thus walk in the Light Mat 7 16. giving him occasion to say These are the works we see they do By their fruits shall ye know them We know it of them for we see it This is the Harvest has been long a growing and the fruit they reap among themselves of their many years use in freedome of their English Bible Now the Lord rebuke thee Satan that thus sittest between the lips of seduced benighted men to blaspheme the ways of the living God or the courses or things they do not or will not understand not distinguishing between Heavens blessing and Mans abuse the fruit of Gods Ordinance and Mans Corruption and the same God give his servants grace to carry themselves so inoffensively in word and deed that no merit of their misdemeanour may hereafter give occasion of such reproach but behaving themselves in all things as the servants of God 1 Pet. 3 16. and having a good conscience whereas men speak evill of them as of evill doers They may be ashamed that falsly accuse their good conversation in Christ Chap. 2. 12. having also honest conversation among the Nations of the world that they may by good works they see Done glorifie God in the day of visitation This sure the English Bible is a rule good enough of all righteousness profitable for doctrine reproof 2 Tim. 3 16 17. correction instruction that the Man of God may be perfect the light thereof shines from above and guides thereto and the end of its obedience undoubtedly everlasting life Which blessed Book sith so lighted on again let us a little sit still to turn the leaves thereof onely it may fit our close to end with God perhaps we may there meet with some Angel of His in the way with his sword ready drawn in his hand to stop our Career in stubbornest resolution to go on in the ways of our own heart I will suppose clear what proved that the Ministery has right as things stand right and their spoliation is wrong and then O brother Christian Go along with me and see what thou wilt say to thine own believed received inspired and that thy self takest for Gospel 1 So R. Verstegan compounds and derives that word as if it were Godâ—-spell Spell 〈◊〉 a Mysticall Speech or an Oracle Antiq. pa. 223. Gods-spel thy revererenced Divine Oracles And first doth not that Heavenly Law forbid generally All 2 Exo 29 5. Ps 5. 5 -28 â—-36 2 -37 1-66 18. Eccles 3 16. Es 5. 18 -57 17. Matth. 17 23. 2 Tim. 2. 19. Tit. 2 14. Iniquity 3 Exod. 20. 21 -23 9. Psal 12 5. Prov 14. 21 -22 16 -28 3 Ier. 7 6. Ezek. 22 7. Amos 4 1 Mich 2. 2. Zechar. 7. 10 Iam 2 6. Oppression 4 Exod. 20. 15. Lev. â—9 11. Deu. 5 19 Pro. 30. 9. Ier. 7 9 Hos 4. 2. Matth 15. 19 -19 8 Mar. 10. 19 Lâ—k 18. 20. Rom. 2. 21. Chap. 13 9 Eph. 4. 28 Rev. 9. 21. Theft 5 Lev. 19 13. 1 Sam 12. 3 4. Mar 10. 19. 1 Cor. 6 8. 2 Cor. 7. 2 Iam. 5 4. Fraud 6 Iob. 19 7. Ier 22. 3. â—3 1 Cor. 6 8 Col. 3. 25. Injury 7 Lev. 19. 13 Psa 119 61 Pro. 21. 7 -22 â—2 Will a â—an rob God yet ye have robbed me But ye say Wherein have we robbed thee In Tythes and Offerings Ye are cursed with a Curse for ye have robbed me this whole Nation Mal. 3. 8 9. Robbery 8 Exod 22. 12 Matth 23 25. 1 Cor. 10. 11 -6 10. Surreption Extortion and that 9 1 Thess 4. â— No man go beyond and defraud his brother in any worldly thing for God is of all such things the Revenger most severe as is everywhere said and testified Does not one of the Tenne Commandements which children learn in their Catechismes appoint Thou shalt not take what is anothers Thou shalt not steal And mayest thou then pervert suppress withhold detain and keep to thy benefit what belongs to another and tends to his impoverishment as well as stealing perhaps to his starving certainly to the Wronging both of himself and family Is this no sin in thy Christian judgement Doth not another of the same Laws say Thou shalt not Covet â—What thy Neighbours House Wife Servant Oxe Ass and that All Is it not as well his Sheaf Lamb Fliece Apple or Egge for the reason is the same of both Or doest thou think God will be so pinned up in his holy and just intentions against All wrong to some straitning interpretations of thine as may leave Thee loop-holes open evasions or shelter for in any thing thy wretched Covetousness Be not Deceived God is not mocked To covet is the sin not This or That 'T is the injurious intent not greatness or kinde of the object of that injury is forbidden And to make all sure the close windes up all in the largest and most comprehensive Universality Not this nor that but Nor Any thing that is thy Neighbours Look upon them again These are two of Moses Commandements of Gods Laws 't is much in so small an Enchiridion or Summary of duty the same should finde a double place by prohibition and repetition engraven on Tables of Stone but a transcript from the bosome at first a true Ectypon of that Original of which our Redeemer and Law-giver Matth. 5. 18. says Heaven and Earth may pass but these shall not and which thou art with equall strictness bound to keep as that Thou shalt not ly Thou shalt not blaspheme Thou shalt not murther Thou shalt not commit adultery Wilt thou not These Darest thou Those Mayest thou not murther Wouldest thou Covet Wilt thou not Ly and yet Stealest Rom. 2. 22 23 24 Or Thou that abhorrest Idols committest Thou Sacriledge Thou that boastest of the Law through breaking the Law dishonourest thou God as well as
Temp. 218. Saint Augustine should say Decimae suns tributa egentium animarum after 3 Caus 16. Qu. 1. cap. 66 And aâ— home in Excerp Egberti Can. 100 much to the sâ—me taken into the Canon Law Redde ergo Tributa pauperibus Libamiâ—a sacerdotibus And the 4 Res Ecclesiae sunt vota fidelâ—uÌ„ patrimonia pauperum Câ—gitut Carol. lib. 1. ca. 83. Capitularies That they were the vows of the Faithful and the patrimony of the poor Hence allowing the Churches claim indisputable They might There In signum universalis Domini They doubted whether they might not also be paid in to the Monastery and that duty of a Reall confession of a Deity be sufficiently discharged in giving to Themselves the poor that whereby they might as well confess and acknowledge a Divinity and high Providence by as by giving to the other Church-men Now how votes the Assembly Vt 5 Vid. Gratian Vbi Sup. ca. 57. 59. agreeably Monachi Ecclesias non nisi per Episcopos accipiant afterwards That none receive what was the Churches but by the Church and then 6 〈◊〉 sibi datas Ecclesias ita expolient suis redditibus ut Presbyteri ibi servientes in iis quae sibi Ecclesiis necessaria sunt penuriam patiantur Eadmer Vbi Sup. not to shave so close that the labouring Minister might be to seek of wherewith to cover his Nakedness a very conscionable and reasonable provision And here Vt decimae non nisi Ecclesiis dentur That is Those Tythes that are paid and openly known to be due in exclusion of the Monastery immediatly let them be issued forth onely to the Church Another remote mediate title they might have that is in the Churches Right bringing them in in the Church-way but of themselves they may not presume so high to lay any claim Much more might be said but this seems enough to enlighten the meaning of a dark Law and as by all states equally and indifferently made seeming to be universally binding For it was not onely a Synod but 1 Anno dominicae incarnationis 1102 tertio Regni â—enrici gloriosi Regis Anglorum ipso annuente celebratum est concilium in Ecclesia B. Petri in occidentali parte juxta Lundoniam sita communi consensu EpiscoporuÌ„ Abbatum Principum totius Regni In quo praesedit Anselmus c. Huic conventui affuerunt Anselmo Archiepiscâ—po petente à Rege Primates Regni quatenus quicquid ejusdem concilii authoritate decerncretur utriusque Ordinis concordi cura solicitudine ratum serva retur Eadmer Hist Nov. l. 3 p. 67. a part-secular-Assemby For besides the Royall Authority there was also the Peerage I will not say the Commons but Primates Regni which in some sense They may be styled as the Heads of those they represent Adunatum est Concilium for more firmness both states met and united their Councels to give things the more countenance and strength of universall authority But the chief strength of these Dues was in this Interval in the Church and so properly to our days and the discussion of them in its own sphere with Church-men onely For by this time they had gotten such a strength of credit and reputation as well as power to be trusted with their own matters and with the things of Religion their proper cure Tythes came in as the support and maintenance That now grounding themselves upon the allowance and permission of the State they might make Canons for themselves and see them do execution make orders for their Dues and send for them in and that ordinarily they did so is sufficiently known to all that are acquainted with them and the then transaction of things in this State Do ye not know that the Saints shall judge the earth saith 2 1 Cor. 6. 2 3. Paul And if the world shall be judged by you are ye unworthy to judge the smallest matters Know ye not that we shall judge the Angels how much more the things that pertain to this life Lower trifling perishing things Can a man be thought fit for Those and not for These Is it like that his discretion learning judgement honesty and universall integrity and sufficiency should be an equall match for Heavenly matters Divine things Scripture-Oracles reserved Mysteries Articles of Faith and Religion and yet he be unfit to determine in a few worldly trifles Heaven is under his hand and Earth above him These and such perswasions wrought it seems upon the reason of those times to have the Ministers of Religion intrusted at least with their own and thus much farther and out of the way that the Temporal Courts were then chiefly ruled by Ecclesiastical advice Councellours and Judges the Councel Table Common Pleas Chancery Judges Itinerant and even the Vice-Royes Seat being often filled with those men whose breeding to letters successeful progresse in them gravity piety and more then presumed honesty made King and people of all sorts think nothing so well done as what they would set their hands to and the government of no affairs so well steered and managed as what the Teachers of Religion and Men of God to whom they had committed the government of their souls would condescend to stoop and interpose for the conduct and guidance of But as to Tythes sure their Jurisdiction as things belonging to Religion was now brought in from the mixt County-Court and settled among them alone Illâ se jactet in aulâ Authority had said so and given leave And then as the Lord of a Mannour having authorised his Steward to keep Court the Acts passe with his Authority though by the others Ministery So though Decrees and Determinations of emergent affairs were agitated by Ecclesiastical persons and had their sentence and seal by their consent and mediation yet the Supream and Universal Power having given Commission the things were authoritatively done and regularly firmly enough Thence without any usurpation or irregularity As in the Common Pleas Seat of Assize or Sessions where the Kings Substitutes did whosoever or whatsoever firmly enough by his power in his personal absence Neither was this any wrong to Any for so the publick hand gave out Justice what matter was it 1 Vid. Ridley View of the Laws par 3 cap. 2. sect 2. pa. 147. which So the Throne were established in Righteousness what matter who the Supporters So Right were done which was the Thing whereof came the benefit what matter who were the Ministers that gave it forth whether of this sort or that one or another Though a fair presumption be still for him that wears the Gown and turns the Bible and generally even Humane affaires are thought and found better stablished that have their stay by Religion In fact thus Here it was so that Causes Decimal moved in this sphere of the Supream Powers Ecclesiastical Cognizance and Jurisdiction solely properly and onely Neither may we henceforth expect save in a glance or by reflex
Things so settled do no doubt often contract a right in Time which if the power be able to support and bear it self out doth with continuance grow up and soder into strength and firmnesse enough able ere long to walk the world without guide or aid or we have little of stayedness and solidity here in England If we go about to undo all of secular depending on sacred which had its first rise and that whereby it yet stands from Rome We need not go beyond Sea for Babylon it will come home shortly to us and we shall have confusion enough within our own Thresholds Though we do not in present we must allow of many things done heretofore and settled by usurpations proceeding as well from abroad as exercised at home or the fruit of weightiest transactions will be robbed away from us perhaps the pillars of the Common-wealth shaken As to those three Epistles the first of them gives order as 't were by a binding Law thus 4 Cap. 5. Pervenit ad nos c. Mandamus quatenus Parochianos vestros monere curetis si opus fuerit sub Excommunicationis districtione compellere ut de proventibus Molendinorum Piscariarum foeno lana decimas Ecclesiis quibus debentur cum integritate persolvant It was for four sort of Tythes to be paid of Mills Fish-ponds Hay and Wool having after monition Excommunication to refusers 1 Cap. 6. The next is to the Bishop of Winchester Nuncios infra Mandamus quatenus Parochianos tuos de apibus de omni fructae decimas persolvere Ecclesiastica districtione compellas for Bees and Fruit. 2 Cap. 7. The last to the Bishop of Excester Cùm homines de Hortona de frugibus novem partibus sibi retentis decimam Ecclesiae cujus Parochiani sunt sine diminutione solvere teneantur antequam id faciunt servientibus Mercenariis suis de frugibus non decimatis debita totius anni pro servicio suo impendant tunc demum de residuo decimam solventes Mandamus quatenus eos cogatis ut decimam statim fructibus collectis persolvant atque de subtractis retentis dignam satisfactionem exhibere procurent It seems they were willing to deduct the charge of the Fermage before they marked out the Tythes paying their servants out of the fruit for the work bestowed about them and so apportion onely out of the free bounty of heaven 3 Cap. 22. 26. 28. sequ Vid. Lyndewood tit de decimis cap. Erroris Cap. Quoniam propter cap. Sancta Ecclesia a thing much stood upon and by this Law stood against which willed the tenth of all as it grew and so was the pattern of the Old Testament Their seed and labour were also chargeable yet they were bound up of All without any deduction And if Jehovah gave them their land which presuming they would sow he might the better expect a charge from his own gift This exaction is no less reasonable or more burdensome from us who Give nothing of our own but issue out onely what was Given and set aside by others it Iehovah required to be restored back to him of his own we doe but pay what others of their bounty Gave And therefore with them as to separating any thing we are possessed of in full title as our Own Jam sumus ergo pares Out of the Canon 4 Annal. par 2 pa. 543. Edit 1601. Francofur That it was taken out of the Councel of Rosne ex Concilio Rothomagensi the setter forth hath noted in the margin Roger Hoveden points us to another plant growing in our own soil which no doubt lived to take fruit downward and bear fruit upward and it was set toward the end of this Hen. 2. time by Rich. Archb. of Cant. in a Synod at Westminster the Lo. day after the Ascention where the King and his son being present passed thus Omnes decimae terrae sive de frugibus sive de fructibus domini sunt illi sanctificantur Sed quia multi modò inveniuntur decimas dare nolentes statuimâ—is ut juxta Domini papae praecepta admoneantur semel secâ—ndò tertiò according to the High Commission before given out by Will 1. ut de grano de vino de fructibus arborum de foetibus animalium de lana de agnis de butyro Caseo de lino Canabe de reliquis quae annuatim renovantur Decimas integrè persolvant or if not Anathema A full and plain Law speciatim for Corn Wine Fruit breed of Cattle Wooll Lamb Butter Cheese Flaxe Hemp and all that grows and renews yearly c. and of what power in the state may be guessed both by from what before where the Superiour Powers had joyned to intrust the Church in such matters which implies their authority still and further here the K. and his son gave the present countenance of their persons to patronize and establish it And heed also the Dueness supposed in the beginning they were not now so much willed to be payed as shifters to be brought in to discharge of known duties Elsewhere also in the same 1 Par. ead pa. 75. Authour Hubert Arch. of Cant. kept a Synod at York the Tuesday after Saint Barnabies day 6 Rich. 1. where one of the binding results of Councel speaks thus Cum Decimae sint tributa egentium animarum ex praecepto Domini dari debeant non est reddentis eas diminuere Therefore all to be paid without any diminution for Fermage of which before entirely And much severity is again in another 2 In ead pa. 808. Provincial of the same Hubert afterward with Excommunication to those should withdraw any thing to pay the Harvest-mans wages or the charge of new-broke grounds or not to the Parish Church c. But because this meeting was against the Lord Chief Justice his Prohibition and so had not the authority of the secular power I pass it over though then it were of some doubt whether such meetings were valid which is since clearly resolved that they are not by the Statute 25 Hen. 8. 19. And so for another 1 Ib. Pa. 809. Canon against whether Templars or others should receive Tythes from Lay-hands in the same Authour To some time of Hen. 2. is referred a Councel Lateran under Alex. 3. limiting the former liberty of paying to Any Church to the Parochial as fittest to have benefit and nearest to take the dues up though later and quicker apprehensions remove the scene to Innoc. 3. who in K. Iohns time expressed his single will onely from the Lateran Church This gave the mistake or might well M. Selden has it from the 2 Cap. 8. sect 23. Vid. cap. 10. sect 2. print and the 3 Instit 2. pa. 641. Lo. Cook from the more authentique Roll in the Tower speaking fully what a papall Constitution might and no more thus Pervenit ad
needs no other demonstration then what was done But profound wisdome joyned with much piety and a conscionable regard proceeding in the fear of God not to destroy what they meant to reform or to purge out corrupt humours to the death of the patient made them soberly carefull we see and tenderly jealous not to meddle too far here and for fear of darkness over all discreetly advised to let none of the oyle be medled with that kept the Parish Lamp burning but rather gave hope of adding more where need was with encouragement to bring it in setting open a door to let in other supplies of needfull expence for these Lamps dispersed all abroad if God should so move the hearts of those that loved the Tabernacle and the light thereof to bring any offering To strip all having been a thought of such horrid injustice and barbarous impiety joyned with Improvidence as to Religion and imprudence into the bargain that in likelihood truth might have been in danger of perishing from the earth by this time and according to ordinary dispensations of Providence we have now had little enough of Law or Gospel to take up consultations for the maintenance of by that the Bible might have been near a stranger if this had prevailed But into their soft and tender bosomes by the Grace of God such thoughts had not leave and power to enter Why the tree thus planted hath not been known to bear fruit or this new body thus framed not received to be practised by is I said hard to guess the best reason I can think of is for want of Parliamentary allowance and subsequent confirmation for nought else see I wanting yet as strange that what a Parliament had appointed to be done and being done and accordingly should not have therewith what strength it could give But so it has been a dead letter hitherto onely living in the good wishes of knowing good men that it were quickned to full life and the last Ecclesiasticall piece I call it so in regard of the Materia prima out of which it was made the end whereat it aimed the things it directs about and its distinct standing off from the more common or secular that of this kinde our Common-wealth hath afforded Not unfitly reduced to this head of Ecclesiastick whose proceedings have been such by vertue of due power throughout this business that it needs no protection of Hyperbole to excuse that all have either liked or willed Kings States Parliaments Judges Lord Laws not sparing their vote of approbation to this particular still I mean and all that have have looked on either to allow or confirm With this one intimation more I close up the point that wheras this new body is not yet it seems authorised perfectly till it shal be All the old including those also I made use of before are in force by a concluding Proviso of that first statute 25 Hen. 8. 19. where the whole business was started The words are these Provided also that such Canons Constitutions Ordinances and Synodals Provincial being already made which be not contrariant nor repugnant to the Lawes Statutes and Customes of this Realm nor to the damage or hurt of the Kings Prerogative Royal shall now still be used and executed as they were afore the making of this Act till such time as they be viewed searched or otherwise ordered and determined of by the said thirty two persons or the more part of them according to the tenour form and effect of this present Act. But this not yet done and therefore all the former Canons yet of force till c. and that by this Authority CHAP. XXI AND hitherto then upon the proper Stage Let us next look upon the lookers on and see whether the Neighbour secular powers have either not looked this way or said nothing or not in allowance of what there The Church impowered as before hath acted as hath been seen to a full and fast determination of Right according to what she had in Commission or if she exceeded or went too far was checked as hath been shewed also But now hath the secular state added no collaterall strength to connive at least and more at what hath beene there done Surely so As they have done their own business Hers also having been taken in by the by sometimes in direct assertion oftner by glance and occasionall reflexe but by supposition constantly ever That supposition also often expressed as uses to be in collaterall not purposed mention of things but never but understood and meant as may be known by the evidence of things as they have been done and are left remembred Their very 1 Sub factis autem moraliter veniunt non facta considerata cum debitis circumstantiis Sic qui sciens praesâ—ns tacet consentire videâ—ur nisi circumstantiae ostendant quo minus loquatur metu eum vel alio casu impediri Grot. de Iure Bell. l. 2. c. 4. sect 5. silence if nought else were implying consent and suffering the Ecclesiasticall to continue medling with things of Temporall worth and not forbidding being strong evidence that they did allow Sometimes indeed the transgression of limits hath been questioned and this the true ground of All Prohibitions when the Church would meddle of things of 1 Regulariter verum est quod judex Clericus cognitionem non habet de Laico feodo alicujus Bracton de Except cap. 12. sect 3 Rex illis Iudicibus Ecclesiasticis salutem Prohibeo vobis ne teneatis Placitum in Curia Christianitatis quod est inter N R de Laico Feodo praedicti R. unde ipse queritur quod N. eum trahit in placitum in Curia Christianitatis coram vobis quia placitum illud spectat ad Coronam dignitatem meam Glanvill lib. 12 cap. 21. vid cap. Sequ. Bracton de Excep cap. 3. 4. vet tot Flet. lib. 6. cap. 37. sect 5. alibi pasum lay fee as the general word was de rebus tangentibus Coronam dignitatem nostram for then the King would forbid that extravagancy and stop the proceeding as reason he should But if keeping the due bounds and not going besides the nature of allowed businesses in spiritualibus annexis Now the Jurisdiction it self was never questioned but things reputed immoveably firm that had their determination here and the watchfull eye of a jealous neighbour either spied nothing or said nothing and in that much or if any thing by insinuation All was well Hucusque and contentment there should be no Prohibition But to come to some particulars having secular and more immediate Royall influence in giving of which I doubt not but the performance of promise shall farre exceed the measure of my undertaking or reasonable expectation all things considered and that the proper Repository of such things from their nature is elsewhere and I begin with the great Charter one of the most Authoritative Instruments and solemn
Assisters The rest did so should they set out their Dues as of Right and accustomed A strong evidence they were due indeed when the State would not suffer them unpaid Now not onely these but some others it seems were wavering or shifting The Fermours of Aliens gave within few years after occasion to this Vote Item 1 5 Hen. 4. cap. 11. It is ordained and established that the Fermours and all manner Occupiers of the Mannours Lands Tenements and others Possessions of Aliens shall pay and be bound to pay all manner of Dismes It seems others did for this was no positive single Imposition upon them but onely an Exemption from that they would have been exempted from thereof due they were then no voluntary Benevolences but discharge of Duty and Due upon Command though more acceptable if their readiness made them free-will-offerings To Parsons and Vicars of holy Church in whose Parishes the same Mannours Lands Tenements and Possessions be according to the manner then used and custom established for parochial discharge so assessed and Due Again as the law of holy Church requireth That the bottom indeed of all looked upon by the State and here required to have obedience and in others by the same reason for why should we think These had any speciall Obligation to a Rule by themselves from the universal which did rule all Notwithstanding that the said Mannours Lands Tenements or other Possessions be seised into the Kings hands or notwithstanding any prohibition made or to be made to the contrary And yet notwithstanding all this too that backwardness and evasion of the Cistertian crept further which made it needfull to binde up all by an universal Decree within few years after The grievance and remedy are there both thus proposed together Item It 1 7 Hen 4. cap. 6. is ordeined that no person Religious or Seculâ—r which is large enough of what estate or condition that he be by colour of any Bulls conteining such Priviledges There must be Priviledges and if Bulls from Rome could not afford them What as then could The common condition of things is known to be discharged of Dismes pertaining to Parish Churches Payment and Parochial Again Prebends Hospitals or Vic. rages purchased before 1 Rich. 2. or sithence not executed shall put in erecution any such Bulls so purchased or any such Bulls to be purchased in time to come And if any such Religious or Secular person of what estate or condition he be from henceforth by colour of such Bulls do trouble any person of holy Church Prebendâ—ries Wardens of Hospitals or Vicars so that they cannot take or enjoy the Tithes Due or pertaining to them of their said Benefices Then to incur like pain at the Cistertian before Thus to and in the time of Hen. 4. whither the proceedings shew all along the good will of the State whose Acts these have been in favour of these Dues looking on and not hindering but as was occasion and fit furthering the due execution of their neighbouring Courts Laws ever and anon renewing the pledges of their love and testimonies of their good will that the wheels might keep moving that brought in Tithes from every Possessour and now it was as clear all abroad and evident to us they did so as that men possessed any thing Henceforth therefore particular Laws were not multiplied as they needed not aiming purposely and directly at the settling or recovery of them but those that were were left to due execution and that enough The fruit doubtless by the Churches Authority as before directly used to call for them and the Secular Powers assistance thus to bring them in such an universall Payment save where Achan would hide his Golden Wedge from the holy use it had been designed for or 1 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Acts 5. 2. Slipt off somewhat from it When our Tithes might have probably seemed our own we had colour of liberty to use them as we saw good But having made them Hâ— whose they are let us be warned by other mens example what it is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to wash or câ—â—p that Coyn which hath on it the mark of God Hâ—â—ker Polit lib. 5. Sect 79. pag. 429. Ananias and his Wife 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 clip the Shekel appointed for the Sanctuary I mean coveteous or profane men did by evident injustice hold back known Dues against the Law that it needed and had a peculiar Exemption whoseover now paid not I need not be exempted from a Nineth or Eleventh because none due to be required I want no special Priviledge to be free from contributing to a Paschal Lamb or my Shekel for Jerusalem yearly or the old Peter-pence because none such now exacted among us but to be free from this Tribute to the maintenance of Christian Religion an Exemption was needed which proves the Suppositum strongly even as an Exception supposes an allowance of things otherwise by the general Rule and an Exoneration or Discharge from an Impost or Quit-rent to have been paid allows that it was due Three 2 See a little before but remember that this Exemption was not then so much granted to these Orders as a general Exemption granted before to all Orders restrained then to these sorts were indeed so exempted and it was need so else they must have paid 1. The Templars till they were 3 Vid. Stat. de terris Templariorum in 17 Ed. 2. p. 111. of Pultons Abridgement taken off in Ed. 2. time and their Indowments settled on the Knights of Jerusalem 2. Those Knights themselves keeping their own and succeeding to what as but now And thirdly the Cistertians of which also before all by the Decree of the Laterane Councel and with them some others also As All the Orders 1 Caeteris verò ut de novalibus suis quae propriis manibus vel sumptibus excolunt de nutrimentis animalium suorum de hortis suis decimas non persolvant Alexand. 3. in Deciet lib. 3. tit 30. cap. 10. for their own new broke Grounds their pasture ground for their Cattle and their Garden fruits some 2 Whereof see a very learned Discovery in Mr. Selden of Tythes cap. 13. Sect. 2. for all their demains by particular Charter from Rome or by prescription of lands in the possession of Clerks or by Grant or by Composition or by Custome but these still and the more they were do all so much the more confirm the general usage from which that men might be free they needed this Exemption And this so well settled and quietly submitted to that till the lowd and boisterous stormes in Hen. 8. time when all was shaken I meet not with here any disturbance or any publick order that it seems needed or had occasion to call for any new obedience The Canons last as they had been placed as they were and assisted which was never wanting with the whole force of the Temporal Power kept all in awe
separate from the Nine But it seems somewhat farther was aimed at and meant or implyed which was the cause why these things were parted and the face of things seems to represent that there was an apprehension and supposition that it was because they were thought to draw near the things of God and were as far as any toward Beyond this world and Therefore they were sorted with a scene accordingly and had their trail and discussion where the things of Religion and Christianity were inquirable onely sc in the Court-Christian Farther by onely which kinde of Supposition the crime can be aggravated of taking them away to that heighth it commonly is and men for purloining be accounted in the number of more then unjust Impious and Sacrilegious For it seems at least unto me that it is not so much the violation of any Command or Law humane or Divine from earth or above heaven if it were possible can denominate and specifie this sin if that Law were as plain as another Divine Command Thou shalt not commit Adultery Thou shalt not Steal But something else and growing in the Nature of the sinne below that must advance the crime so high as to change kinde and become of Wrong and Injustice Impiety and Sacriledge To rob Heaven must offer violation to Heaven and that be more then to offend in transgressing a Law of Heaven For the Morall Commandements above come thence and are in force for us and yet No one says Adultery or Theft are Sacriledges Sins they are but that their full latitude the Divine Precept does not new specifie the nature of the offence These or Any So heretofore when Jus divinum undoubted had bounded every ones own The tribes at least if not the families were parted by sure and immediate Commission from Heaven yet the unjust invasion of any part even then was not counted I believe more then Unjust 1 Qui rapit pecuniam proximi sui iniquitatem operatur qui autem pecuniam vel Res Ecclesiae abstulerit Sacrilegium facit Cau. 17. qu. 4. c. 18. Wrong or Injury when any part of the second Table was broken whereunto yet the seal of Divine Authority had been affixed in every part No more Even so here to raise this aggravation and cause this change by new specification of the nature of this sin from Theft to Sacriledge seems not to me so properly to grow from any authority of any sort of power and command above as here below from 2 Porrò à sacris fures Eorum vel violatores propriè sacrilegi dicti Pet. Gregor Tholos Syntagom lib 33 cap. 14. sect 8. something in the very heart and nature of the offence which makes it 3 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Rom. 2. 22. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a Sacred Spoliation not from the Law but from the Thing when either Sacrum de Sacro or Sacrum de non Sacro or non Sacrū de Sacro is taken still hovering Here below and as the 4 Zouch descript Iur. Eccles par 2. sect 8. Pet. Gregor 1. Tholos ubi supra Lawyer speaks through whose spectacles we are like to see clearest in this case And accordingly the 1 Cujacius in parat ad legem Iul. Peculatus Civilian defined it Sacrilegium est furtum Rei aut pecuniae Sacrae ex loco vel religiosae ex religioso and they are Sacrilegious who 2 Tit. eod L. 9. sect 1. Qui publica Sacra compilavêrunt that have medled with somewhat Sacred still relating to the Thing from the Command And the word also imports that way for 3 Apud Ioan. Calvin Lexie Iur. pa. 824. Sublegere is Furari says Servius unde Sacrilegus dicitur qui Sacra legit id est furatur so Another Still dwelling below and conversant about That Is Not Who says as we do not read that Ananias and Sapphira had any order at all to bring or sinned against any Prohibition in revoking and yet with Achan they usually march transgressing in what had come under divine precept no way in the head of the Sacrilegious We have no strict Command for a Chalice or diverse other Utensils of the Church nor the Church it self yet few I believe will allow but transgressions aggravated by being conversant about these Things are worse then others and of 4 Locus facit ut idem vel furtum vel Sacrilegium sit capite luendum Claudianus li. 48. Digest tit 19. L. 16. sect 4. extraordinary Guilt in this world and they are Things I promised not to meddle with any Theological Discourse Nor do I here but as it has dependance of and derivation from yea necessary complication with what was Civil Our such Laws say That Tythes are Given to God which I say does well infer their surreption sacriledge as on the contrary they that say 't is sacriledge to take them give argument they think they belong to God Forasmuch as not so much Gods Command or Divine Right for dueness makes this sin as something in below with the Act it self and indeed Correlatively they infer or remove one another for if a thing be bequeathed to Gods hand as the Law says plainly here it cannot but be sacriledge Sacra legere to take them Holy from him as on the contrary if it be sacriledge to take them They that say so must first imply and suppose they were made over and given to God I have in the prosequution of this point omitted what Epithites or Paraphrasing Descriptions I finde of them given abroad where they are styled Res Dominicae Dominica substantia Patrimonium Christi Dos sponsae Christi Dei census and the like all which must needs advance them high and joyn them near in with better then meer worldly things In usum pietatis concessae as is properly said in the 1 Caus 16. qu 7. ca 1. Canon Or Decimas Deo dari omnino non negligatur quas Deus sibi dari constituit quia timendum est ut quisquis Deo debitum suum abstrahit ne fortè Deus per peccatum suum auferat ei necessaria sua as in the 2 Cited by M. Selden Hist ca. 6. sect 6. Councel of Mentz But these are without the Circle of our Own to which I promised to confine my self Much less may I take scope to look abroad into the profane world for their Oblations even of Tythes and to God to whom they vowed and thought they payed As Agis in Xenophon and Agesilaus in the same who both brought their Tythe to Delphos to their god and offered it him which 3 Agis Delphos profectus est ac decimam Deo obtulit Xenoph. ac rursum Hostium verò ita fruitus agro est ut duobus annis centum talenta ampliùs Deo apud Delphos decimam dedicaret Id vid. Baron ad an Christi 57 sect 74. tom 1. col 607. Baronius having remembred and many more concludes with At verò non immorabor
now be well stinted unless for double strength among us for as much as in a certain clear but mediate and consequent way the Act of Man having given and the Authority of God above confirming what is done below that divine print reaches through no doubt in the way hath been shewed and cannot but stamp somewhat of heavenly and the Supreme Power upon the Acts that have passed of Men and so for the Commandments sake yea for that is by derivation approbation and undoubted confirmation the Divine Commandments sake they are now Due and must not but be paid as in Israel Rebus sic stantibus or as things have passed and now are and remain they are I say unquestionably Thus due by Divine Right For the Magistrate is Gods 1 If anâ— one shall prove troublesome and stir Tumults Confestim opera ac diligentia famuli Dei meipsnm dico poenas suae inscitiae dabit says Coustantine the Emperour Theodor. Hist Eccles l. 1. c. 20. Minister Every just Law His Ordinance Vox Legis Vox Dei and every syllable and sound thereof quickned with an additional spirit of divine infusion according to our Scriptures and as we have from Rom. 13. 1 Pet. 2. and other places And sith then here the Magistrate and the Law have proclaimed for them whither they be due as in Moses to Israel by the Text of Leviticus or by vertue of any Gospel or the Epistle to the Hebrews seems not so much material at least not necessarily considerable for as much as though this were considerable at first yet now they are Here fast enough by what the Magistrate has done for them by his Vicarious power and substitute authority The Powers that are are still ordeined of God as was also said before He sticks not to set to his Seal to what has been orderly past in lower Courts approving and commanding what they prudently and justly do and it ought not for Gos sake but be obeyed so that whether the general take hold or no or universal that Where ever the Gospel is preached this shall be part of its obedience and the Labourer is worthy of this hire by divine Right We have here a sure word of Righteousness enough whereunto we may do well to take heed as unto a light shining in a dark place and if Not the General Divine Law Decima ut Dives fias or Non tardabis offerre Deo Decimas yet the other General is topical and directly binding in our Meridian and Clime sc that we must Do justice That we must 2 Rom. 1. 3. Render to every one his Due for the Lords sake 1 Phil. 4. 8. Whatsoever is just as well as whatsoever is Pure 2 Matth. 22 21. To Caesar the things that are His and to God the things that are Gods And Thus The Law of God This Law is thus brought about as quickning and so confirming Mans and the duty hereby to Us moral even to every English Christian because This is sure such and most undoubtedly 3 Deut. 16. 20. That which is just and right That O Christian shalt Thou do So the thing be brought about no great matter which way As if the Arrow hit the Mark little inquiry how it came thither Now Divine Authority backing of which there is enough and seconding humane Ordinances The rest is easie and unless for double strength as said we have not so much need to inquire for a Divine Letter because we arrive at the same point safe and sure in the other way of Humane for if Man have settled and God commanded to be paid He have given and the Magistrate who is Gods Vicar allow and injoyn payment Now even for Conscience sake that may not be omitted And whether the Scripture or Nature say any thing in the Case particularly home They say enough in establishing humane Ordinances which will bring God along with them and Man for God must not but pay what Man has settled for Gods Commandment sake So in this new way here is Jus Divinum or Divine Right stil Mediate and Consequential but sure and certain which perhaps may not be in Virginia or New-England where the Gospel may be yet in full vigour or in Madagascar or Japan if the same holy Rule should there finde obedience The Climate alters and some particular things done Here which I think There have not and thence indeed This difference and Our preferment And suppose they that is either those remote strangers or our Brethren at home that Rely on Divine Right in scriptis or the very Letter of the Law should lose all with that Letter of Scripture and their proofs falling short from Text or Reason they therewith fall short of all proof yet in this Our way we keep enough in derivation of Consequence and by Preadvantage of a Civil Title granted and settled we gain also another of another sort Divine but Mediate accumulate and lasting even when the immediate and literal is in reality or supposition taken away In short we need not doubt of a Divine Right Here with Vs while there is a humane Ordinance prevailing and a Divine inspired 1 1 Pet. 2. 13. Apostle speaking from God we must Obey every Ordinance of Man for the Lords sake The first of which has had attempt of plentifull proof submitted to judgement and of the last no Christian admitteth doubt Yet speak I not any of this last to evacuate or infirm that or their opinion who go another way to stablish the opinion of Divine Right by their fair and solid Arguments from the Text as if I would withdraw mens mindes from the love and estimation of their Gold pretending here is Silver and then if this fail after a while they are wiped of both and have to trust to Neither No these are severall and this Another but not a contrary or cross Way pointed to they do not justle but are very well and fairly consistent and composeable one with the other and this prop of Wood may help if that pillar of Brass fail or be misplaced This string may hold if that chance to break or perverse men will not be held by it And in this additional or supplemental way it may be acceptable also to those who are more strict for the divine Right immediate which be it what it will I keep promise of within the Circle of mine own Sphere Be that or be it not This I believe is and this advantage enough hereby if we have it To conclude let the things be considered as before alleadged from the parts of the Law dispersed Councel interpreting and which is most material to Exposition the practise and Seen Force of the Law thereby and we cannot from them I think but conclude 1. A certainty of Civil Right and by that bottom of rooted Law that gives all things 2. A probability of Divine Right mediate and consequential At least the first and with much assurance Id quod
by process of bâ—re command And 5. By vertue of the late Stat. of 32 Hen 8. and 2 Edw. 6. No more And these were but some scattering exceptions from the generall rule neither He prefaces that inquiry with 3 Pa. 411. these words It is clear saith he by the practised Common Law both of this day and also of the ancientest times that we have in our Year-Books that regularly the Jurisdiction of Spirituall Tythes that is of the direct and original question of their right belongs I think as in all other states of Christendom properly to the Ecclesiastical Court And the latter Staâ—utes that have given remedy for Tythes infeâ—dated from the Crown after the dissolution leave also the Ancient right of Jurisdiction of Tythes to the same He inserts 4 Pa. 421. after that since about K. Johns time Original suits in Tâ—mporall Courts for Tythes have been rare Adding 〈…〉 discourse of the Indicavit and changing the proportion of the dues of a Church to be the ground of it by the Statute of West 2. cap. 5. 5 Pa. 427. that long before Tythes were demandable of the owner detaining them of their own nature and pleadable in the Spiritual Court and there onely and concludes 6 Pa. 447. that since 22 Edw. 3. there have been no Original Suits for Tythes in Temporal Courts saving onely upon Prohibitions at second instance and by the Stat. of 32 Hen. 8. and 2. Edw. 6. It is some difficulty to understand learned men but the consent these things seem to have with the truth and have both among themselves and with other of like nature abroad renders it hoped there hath been here no mistake which if Then hath been gained 1. The erection of the Court Christian by Will 1. 2. The transaction of Spiritual things there even though formerly under the cognizance of the Common Law and Lawyer immediatly 3. Tythes as Spiritualibus annexa and evidently belonging to Religion and thence within the compass of the Canons To move here as in their proper sphere Remember their Right was well enough provided for before Here were onely to be some emergent decisions for their regulation or Recovery of stated dues 4. The Lay Jurisdiction outed as to cognizance immediate direct and ordinary 5. In practice things have been no doubt according 6. And therefore we must now chiefly for a while attend the Church CHAP. XIX WHich we shall in two parts as well to the Jus dare as Ius dicere to what we finde in this Interval to have been Legislative as what was Executive Giving more largely what belongs to the former wherein was used the allowed power given in Regulating the Rule framing Canons or setting or keeping to right that Law was here the rule of Right but more sparingly touching at the later which concerned known practise For that such Courts were kept is a thing vulgarly and to all known That a discussion was there and a sentence the ground of Right and Own the Lawyers of the other Gown will not deny That things were there disposed transposed and settled to full property the event did shew Of this therefore the more sparingly which is known and did but help to Recover Right That which Gave it being more proper for us and both fitly ranged under that generall head of what was done by that power we are now confined to which is Ecclesiastick And here first If the Synod at Westminster whereof 1 Pag. 111. before were but a Synod remembred be it and granted hence what authority it must then have had And likewise another more clearly a Synod under the Conquerour but written in Saxon where divers laws preceding of fasting alms penance c. we have 2 Selden Hist of Tythes chap. 8. sect 14. Leâ— Tythes be paid of all that is possessed by the Lords bounty In a Councel at Clevemount in France one 3 Matth. Par. ad an 10â—5 pa. 21. in Will 2. Canon was Vnaquaque Ecclesia decimas suas habeat 〈◊〉 ad aâ—â—am transferantur Let every Church have its own Tythes without confusion Which would not likely have been taken notice of in our authentique story if it had not concerned us as indeed it did and was no doubt 4 Haec quae sequuntur caâ—itulâ— constituit Yrâ—â—nus universali Ecclesiae tradiâ—â—it observanda Id pa. 20. of Catholique observation In 5 Tildesly Anâ—madvers on M. Seldâ—â—s Hist pa. 164. Hen. 1. time I finde it decreed in a Councel held under William the Archbishop about the year 1129. Deâ—imas â—icut Dei summi Dominicas ex integro reddi pracipimus We command they be fully allowed aâ— the Lords Demoâ—â—es In 6 Selden Vbi Sup sect 15. another at Windsore about then is this Canon Vt Laici decimas reddanâ— sicâ—t praeceptum est That Lay-men pay as is commanded I am now transcribing and so hastening It will not be long ere we get on our own wings again 7 Id. sect 18. Alberique Bishop of 〈◊〉 was â—egate here under Innocent the second in K. Seâ— vâ—nt 〈◊〉 and He held a Synod in Anno 3. where is this Canon De omnibus Primitiis rectas decimaâ— dari Apostolicâ— aâ—tlâ—â—ritate praecipimus quas qui râ—ddere noâ—â—â—rit Anathemaâ—is in enm sententia proferatâ—â—s Let him that pays not be Excommunicate where it seems Primiâ—iâ—â— must be understood for every new years encrease 8 Mss. in the publique Library at Oxford cited in the 〈◊〉 ofâ— D. Ridleys View of the Laws pa. 1â—5 In Eugen. 2. time about the year 1147 under the same King was held a Synod at Westmiuster wherein tythes are disposed of It has no more then a supposition of them and that the Church disposed which may yet crave place here as not of no consideration Nullus Abbas Nullus Prior Nullus omnino Monachus aut Clericus Ecclesiam sive decimam sine Episcopi Consensu c. And 1 Ib. two years after in another Synod there to the same purpose Vt nulla persona Ecclesias vel decimas accipiat sine authoritate Episcopi By the way we may not about these times much look for set and purposed binding Laws about Tythes They needed not For Such had passed before sufficient to raise and assure a Due But onely to Regulate dispose or determine about emergent controversies concerning them and these not wanting In Hen. 2. time I finde Alexander the third directing severall Constitutions for that force his Orders had here to the Bishops of Canterbury Winchester and Excester They are taken by Gregor 9. into 2 Lib. 3. tit 30. de decimis the body of the Decretals and no doubt had their power and found obedience here for 3 Vid. Selden Review pa. 489. where the Kingdome did not crosse the Canons were and it seemes by the Proviso of 25 Hen. 8. 19. are binding Laws And let no man object here the usurpation or allay of credit from forain authority