sealed and proclaimed deeds and Laws that our State has or the Lawyers themselves know where to seek for The beginning thereof is this Edward by the Grace of God King of England c. We have seen the Charter of the Lord Henry sometime K. of England our Father of the Liberties of England in these words Henry c. which we confirm Chap. 1. First we have granted to God and by our present Charter have confirmed for us and our heires for ever that the Church of England shall be frée and shall have all her whole Rights and Liberties inviolable We have granted also and given to all the Frée-men of our Realme for us and our heirs for ever these Liberties c. This is a little more emphaticall in the Latine which for the better countenancing both of the testimony and the thing I choose to represent from a fair Manuscript in the publick 1 S 1. 8. Iur. Library of Oxford where thus Imprimis concessimus Deo hac praesenti Carta confirmavimus pro nobis haeredibus nostris imperpetuum quòd Ecclesiae Anglicana liberae sit habeat 2 That is That all Ecclesiasticall persons shall enjoy all their lawfull Iurisdictions and other their rights wholly without any diminution or subtraction whatsoever Cook Instit 2 pa 3. Jura sua integra libâ—rtates suas illaesas Concessimus etiam omnibus liberis hominibus c. This is that Charter in the ninth Chapter whereof is confirmed the Charter of the City of London in the fourteenth That none shall be amerced unreasonably but salvo contenemento as he may be able to bear in the twenty ninth That no man shall be outed of his Frée-hold but by course of Law so much stood upon formerly lately and justly and ever to be stood upon Every line whereof might have been written with some of the subjects bloud it cost and in answerable price of worth containeth some piece or other of a firm wall to keep out Invasion and hindering will and power gotten strong from entring upon and trampling downe the peoples Libertie Wherein note two things granted to the Church sc That she should have all her 1. Rights 2. Liberties Those Rights Intire Those Liberties Inviolable What were first her Rights 3 The Councel of Aenham had flyled them before Deo debita Iura cap. 1. in Spelm. Concil pag. 517. and K Knout likewise in his Laws cap. 8. in Lambard Archai pa. 101. And before either K. Alfreds League with the Danes Dei Rectitudines Spelm. pa. 377. The whole face and condition of things represents it self such that if any thing were These were now Rights Tythes no question Even then generally due and universally paid and so for a long time had been There needed no more then or the Ages before but to prove the land in the Parish of Dale and the Tythes were cast upon the Church of Dale without any Evasion And this so true and known that there is none from the information before or other acquaintance with the state of things as they were truly informed but must grant as much as I say without haesitation And these rights were also granted Intire Next what were her Liberties A volumne were here little enough and I had once thought of laying together Many But to our present purpose let a few Acts of Parliament expound what one priviledge at least was In 18 Edw. 3. there is a statute for 4 Pulton p. 143 the Clergy and it was granted in regard of a Triennial disme given that Martiall Prince to further him in his Wars for France In the sixth Chapter whereof is mention of some Justicers appointed to the impeachment of Ecclesiasticall Jurisdiction of 1 The knowledge of all causes testamentary causes of matrimony and divorces rights of Tythes Oblations and obventions by the goodness of Princes of this Realm and by the Laws and Customes of the same appertaineth to the Spiritual Iurisdiction of this Realm c. Statut 24 Hen. 8. â—2 Tythes among other things why may we not well understand and is against the Franchise this Statute says of the Charter Let the words speak their own sense Item Whereas Commissions be newly made to divers Justices that they shall make inquiries upon Judges of holy Church whether they have made just processe or excessive in causes testamentarie and other causes decimall as notoriouslie doe belong hither as testamentarie a hundred proofs are for it which yet notoriouslie pertaineth to the cognizance of holy Church the said Justices have inquired and caused to bee indicted Judges of holy Church in blemishing of the Franchise of holy Church that such Commission be repealed c. See here what Franchise is in part sc to have Ecclesiastical Jurisdiction free proved by that to disturb it is a breach or blemish of the Franchise Next take another gloss in the plain text of 1 Rich. 13. where 2 Id. pa. 200. The Prelates and Clergy of this Realm do greatly complain them for that the people of holy Church pursuing 3 That this apprehension may not seem a mistake this very Chapter I finde alledged heretofore to prove that the proper scene of trial of tythes is the Ecclesiastical Court by M. Fulbeâ—k in his parallel par 2. Dial. 1. sol 6. in the Spirituall Court for their Tythes there is the Jurisdiction and this particular asserted and their other things which of right ought there 's more then possession Due and of old times were wont to pertain to the same Spiritual Court there 's continuance of time or prescription and that the Judges of holy Church having cognizance in such causes other persons thereof medling according to the Law be maliciouslie and unduly for this cause indicted imprisoned and by secular power horriblie oppressed c. against the Liberties and Franchises of holie Church Wherefore it is assented that all such Obligations shall be of no value c. Here another statute interprets what Liberty and Franchise is by that the clogging of Ecclesiasticall Jurisdiction in this matter of Tythes was a breach of that Franchise and so after when the Cistertians endeavoured to exempt their Formours Lands as well as their own from paying Tythes that due power could not fetch them in this was again against the Franchise as 4 Alledged hereafter complained in Parliament 2 Hen. 4. 4. And lastly a 5 The Annals of Burton cited by M Selden of Tythes cha 14. pa. 419. National Councel represented as one of their grievances at London 21 Hen. 3. The over-lavish use of the Indicavit whereby the Kings Judges would first determine what tythes were due to what Church and this was in Regno Angliae in praejudicium libertatis Ecclesiasticae Which things may together shew fully enough what the breach of Franchise was and by consequent what the Franchise it self by the best which is publick interpretation Whence also likeliest this was the meaning of the Grant That
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
possible conversation or acquaintance is but in some plain simple English Book perhaps broken Statute Book or perhaps but some Abridgemement or Compendium Dispendium those excellent instruments of advancing ignorance and by help of little cost or pains inabling sluggards to know upon the matter as much as comes to just nothing build certainly and confidently upon this little as if it were All enough are resolute confident as if there were no more and if any thing be obtruded or questioned farther they bestow but their attention or wonder with 1 Act. 13 41. Habak 1. 5. Jewish incredulity they will not believe nay though a man tell it them Suspecting all that is beyond the narrow compass of their very short reach and not much caring if all other superfluities they esteem them so because they are not able to judge of them were buried in the pit of utter forgetfulness As little considering that their foundations have foundations and those yet again other and other and under and yet farther under and take away either or the advantage and stay of either the readiest way is taking to stir all to unsettle the firmest to tumble down the highest to leave order happiness peace and wealth buried under a heap of rubbish and the fair piles we now behold and enjoy even All the fruits of an orderly and advised disposition of things intombed under the scattered fragments of its own ruine and very confusion For old things are not to be cast away without possible inconveniences to new the foundations unseen are still a part of the fair building yea do support it and take away the lowest the next still sinks of any thing and by degrees All Even so take away the first settling Laws the under-praestructions whereupon things had their first settling composition and stay the rest totters and may expect ere long ruine in a State Particularly for tythes their fastest and most solid strength seems below in the old unseen acts of gift and first disposition the new can be never but a fair and presently useful declaration to set out uttermost to the sight of the world and as the paint that shines for people to gaze upon the strength of the wall and house both is in the inclosed materials and rocky foundation Yet because these are of great estimation with the multitude and ought indeed to be of some with All I shall not shun to give them intire in the opinion of the many enough to create a right if nought else were as if nought else were perhaps they might But as now things stand are so far from doing it effectually and onely that they do it not in any degree Any more then if a present Act should be made about Fines and Relieves the next age might think it gave the Lord that Right we know he enjoys already Or as a new Act about Quit-rents and Herriots should be mistaken to raise or warrant the things no man but knows had right before The most in addition any new order can doe being but to rectifie dispose or settle some new course about the things so due already that 't is that injury comes near a Theft to subtract or deny the just payment of them So the following later Statutes nor do nor can any more but to revive quicken and establish the ancient right of tythes extant and of long being before awaken mens dulness inforce their payment remove obstructions that have grown in by corruption with time and make that which is shine brighter and fairer by the fourbishing over of a new and fresh authority Their dueness being that these statutes did never intend to meddle with infringe further help nor hinder but they were what they were before and it were one of the most pitiful pieces of Ignorance befitting onely the Vulgar heard of unlettered Simplicians and deserving rather commiseration then the exercise of any of our manly passions to entertain a thought to or toward the contrary What! that these later Statutes created tythes Made them due Gave them that their abrogation should have a possibility of taking them away and what the service of God has to trust to by virtue of their promulgation This is such a shallow conceit is onely worthy the weak brains of the multitude where onely it possibly could be hatched or can be tolerated or indured no more excusable then if any should say Aristotles Astronomy gave the Sun a being in the Firmament or Charta Forrestae first set up Game or a present Law if it should dispose of did erect Parks and Chases or a new order about Escheats or Mortuaries the next mistaken Age might interpret to give them being and first beginning But to the words of the Statute which both in the beginning and progress have dueness of Tythes existent and then in being supposed and they are as followeth Forâ—smuch as divers numbers of evil disposed persons inhabited in sundry Counties Tythes shall be paid according to the Custoâ—e of the Parish c. Cities Towns and places of this Realm having no respect to their duties to Almighty God 27 Hen 8. cap. 20. but against Right and good Conscience have attempted to subtract and withhold in some places the whole and in some places great parts of their Tythes and Oblations as well personal as prediâ—l Due unto Almighty God and holy Church and pursuing such their detestable enormities and injuries have attempted in late time past to disobey contenm and despise the processe laws and decrées of the Ecclesiastical Courts of this Realm in more temerons and large manner then before this time hath béen séen For reformation of which said injuries and for unitie and peac to be preâ—erved amongst the Kings Subjects of this Realm our Soveraign Lord the King being Supreme Head in Earth under God of the Church of England willing the spiritual rights and duties of that Church to be preserved continued and maintained hath ordained and enacted by Authoritie of this present Parliament That every of his Subjects of this Realm of England Wales and Calais and the Marches of the same according to the Ecclesiastical Laws and Ordinances of his Church of England and after the laudable Usages and Customes of their Parish or other place where he dwelleth or occupieth shall yéeld and pay his Tythes and Offerings and other duties of holy Church and that for such subtractions of any of the said tythes offerings or other duties the Parson Vicar or Curate or other partie in that behalf grieved may by due processe of the Ecclesiastical Laws of the Church of England convent the person or persons so offending before his Ordinarie or other competent Iudge of this Realm having authoritie to hear and determine the right of tythes and also to compel the same person or persons so offending to do and yeeld their said duties in that behalf This was the Legislative part follows order in case of contumacy that the Ordinary or other
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
domicilia Si autem incertū fuerit habeat illa Ecclesia totam decimam infra cujus limites tempore tonsionis inveniantur De lacte vero volumus quod decima solvatur dum durat videlicet de Caseo tempore suo de lacte in Autumno hyeme Nisi parochiani velint pro talibus facere competentem redemptionem hoc ad valorem decimae ad commodum Ecclesiae De proventibus autem molendinorum volumus quod decimae fideliter integrè solvantur De pasturis autem pascuis tam non communibus quam communibus statuimus quod decimae fideliter persolvantur hoc per numerū animalium dierum ut expedit Ecclesiae De piscationibus apibus sicut de omnibus aliis Bonis juste acquisitis quae renovantur per annū statuimus quod decimae solvantur exigantur debito modo Statuimus etiam quod decimae personales solvantur de artificibus mercatoribus sc de lucro negotiationis Similiter de Carpentariis Fabris Cementariis Textoribus Pandoxatricibus omnibus aliis Stipendiariis Operariis ut videlicet dent decimas de Stipendiis suis nisi Stipendiarii ipsi aliquid certum velint dare ad opus vel ad lumen Ecclesiae si rectori ipsius Ecclesiae placuerit Sed quoniam inveniuntur multi decimas sponte dare nolentes statuimus quod parochiani moneantur primo secundo tertio ut decimas Deo Ecclesiae fideliter solvant Quod si se non emendaverint primò ab ingressu Ecclesiae suspendantur sic demum ad solutionem decimarum per censuram Ecclesiasticam si necesse fuerit compellantur Si autem dictae suspensionis relaxationem vel absolutionem petierint ad Ordinarium loci mittentur absolvendi debito modo puniendi Rectores autem Ecclesiarum seu Vicarii aut Capellani annui qui praedictas decimas praedicto modo propter formidinem hominum seu favorem timore Dei postposito ut praedictum est cum effectu non petierint poena suspensionis innodentur donec dimidiam marcam argenti Archi-Diacono loci persolvant Whereas by reason of divers ways of tything in divers Churches strife and contention are wont to arise between the Church-Governour and his people we will and appoint that through the Province of Canterbury there be this uniform way of Tything First wee will that Tythes be paid of Fruit without any deduction of charge intirely and without diminution so reaching in an order about the charge of Fermage spoken of before and preventing that exception and of fruit of trees likewise and of all seeds and garden hearbs unless the Parishioners will make some competent exception for them Also we will and appoint that Tythes be required of hay or green grass if it be cut to spend says Lyndewood in his Glosse wherever it grow in greater Meadows or lesser or in the High-ways and that it be paid as is best for the Church For breed of Cattle as touching Lambs we appoint that for sixe and below so many half pence if there be seven the seventh shall be tythe yet so that the Church-Govenour receiving the seventh shall pay 3 half-pence to the Parishioner He that takes one of eight a penny one of nine a half-penny or let the Rector stay for the tenth if he had rather to the following year And he that so stays let him alwayes have the second or third best of the following yeare and this for his stay And so is it to be understood of the tenth of Wooll But if the Sheep depasture one where in Winter another where in Summer the tythe is to be divided In like manner if any one shall buy them in the middle of the year and it be known from what Parish the sheep come the tythe is to be divided as of a thing belonging to several places but if it be not known let the Church have the benefit where they are at shear-time Concerning Milk we will that the tythe be paid as it ariseth that is of Cheese so long as it is made and of milk in Autumn and Winter unless the Parishioners will make due compensation according to the value of the tythe and to the Churches advantage As concerning the profits of Mils we will that tythes be faithfully intirely paid As for pasture and feeding grounds as well Common as other we appoint the tythe be fully paid and this with regard to the Beasts and time of going as shall be best for the Church For Fishings and Bees as of any other goods honestly gotten which renew yearly we appoint that the tythe be paid and required duly We decree also that personal tythes be paid by Handy-crafts-men and Merchants that is of the gain of their trading the like of Carpenters Smiths Masons Weavers and all other hired Labourers that they give the tythe of their wages unless they will give any thing certain toward the Light in the Church and this at the Church-governors choice Then after some words of Mortuaries But because there are many that refuse to pay their tythes we will that Parishioners be warned once twice and thrice which was the number of essoyns allowed in the Conquerours Charter as before to pay their tythes to God and the Church truly Or if they refuse they be first suspended from entring into the Church and so bee compelled by Ecclesiasticall censure if need be to pay Or if they require release or absolution from suspension let them be sent to the Ordinary of the place for it and duly punished And as to the Church-Governors themselves or Vicars or Chaplains by the year who for fear or favour of men setting a side their awe to Heaven do not effectually require their tythes aforesaid let themselves be suspended till they pay a mark to the Archdeacon of the place for their disobedience I have both transcribed at length and translated this as I said because it is the chief Law whereupon immediatly the dueness of tythes is grounded and known by the Canon as to the Regulation of the manner of collecting this prevailing though not as to the dueness it self for this as hath been shewed was secured before and therefore the law begins with supposition and blame that men did not Pay as they ought which was here intended to be remedied And for the sufficient authority hereof we need not much doubt for Lawyers and Men were awaked both then and ever since would not through ages and generations have been frighted or cheated with meer empty shews of Paper Canons into a foolish childish awe of what was but terrible They knew no doubt from time to time there was strength enough with help of former grounds to carry things on and force them if any rub of opposition were laid in the way which made them pick a vertue out of that was indeed a kinde of necessity and doe with seeming willingness what if they would not they must and might have
the Statute the words whereof carrie as much shew of openness and plainness and this written in the face of them as can be expected or could be devised and that for more then a tyrannically imposed exaction a legal and just right of all accustomed Tenths to be hereby both payable and demandable Nor do I fear to be mistaken because lately perusing them the most Learned Lo. Cook I finde his interpretations agreeing with these my apprehensions Though why name I him alone when all the Learned go the same way the painful Students the professing Graduates the whole Innes of Court doubtless and as well as the Reverend now Judges as the whole Bench of them ever since have gone on interpreting declaring and judging according to this opinion CHAP. XXV ONely there is one thing wherein with due respects I should crave-leave to give in mine opinion with some difference from that most Learned man which seems also his constant resolution because he repeats it and it is That the proper scene of the trial of these dues was not anciently in the Consistory Cook in Instit 2. pa. 661. on this very Statute of 2 Edw. 6. And before on the Statute of Circumspectè agatis pa. 489. and in Instit 4. chap 53. pa 260. till placed there by Circumspectè agatis Articuli Cleri 18 Edw. 3. chap. 7. c. but in the County Court Which if much of what before would lose much of its strength But seems not so allowable for these following reasons I. No such thing is averred plainly and positively in any of these Laws or any other And that had need be plain and positive should have changed a thing Such a thing in being II. The evident contrary is in them all either expressed or insinuated For for the latter it mentions the remanding or dismissing suits of Dismes back from the Secular Judge which must be sure somewhither And for the two former which might be answered to create that referrer take them either together or apart 1. Together and so they mention severally a Prohibition Prohibiting what say I That which never was Or then was no where This were non-sense as to the reason of it and it were a great blemish to the wisdome and gravity that hath always attended those Assemblies to suppose they would declare any thing for Law that might imply contrariety or absurdity in truth and reason As that That should be prohibited to be that had not been or that the Kings Judges should deal circumspectly with the Ecclestastical not forbidding them to hold plea of that they never did hold plea. The rule is in nature before the exception the thing before the limitation And exhibition of something granted and used before there can be thereof a Prohibition As there must be Marriage before Divorce and a property of Meum Tuum before the Decalogue can take place forbidding to steal Even so here there must have been a trial of tythes before with the Eccles Judge before the Kings could be prohibited to prohibit him his hands must have been loose before they could be forbid to be bound and He used no meddle before any could soberly and rationally meddle to hinder his medling 2. Apart and so all is yet plainer for consider them distinctly and by the first Chapter of Articuli Cleri No prohibition was to take place to hinder the proper Court in matter of tythes and surely then the business was there And for Circumspectè agatis there is express mention of their there trial For the Judge of Norwich was not to be hindred nor his Clergy if 1. they held plea of things meerly spiritual as of penance c. in their Court Christian 2. Nor if a Parson demanded of his Parishioners oblations or tythes due and accustomed c. So that They were there Then demanded and in the close In all cases afore rehearsed the Spiritual Judge shall have power to take knowledge notwithstanding the Kings Prohibition Which is not a little strengthned by a former Statute as it seems it is though of the same year for it is placed before it where 1 Westm 2. c. 5. 13 Edw. 1. in Pultons Abridg. p 50 it is said When once in a Writ of Indicavit the business is deraigned in the Kings Court that the prohibiting Patron can sustain no considerable loss in any part of his Lay Advowson presently as it comes to be a case of tythes it is sent back to the Court Christian and 2 The same Statutes of Articuli Cleri Circumspectè Agatis Westm 2. allow to the Spirituall Iurisdiction cognizance of a fifth and of all parts lesse then a fourth of the value of the Church in tythes controverted between two Parsons And no Iudicavit is grantable to forbid the suit of one of them commenced for any lesse part in respect of the Patrons Right onely Neither upon them by consequence hath any Writ of Right of any part of Tythes that appears not to be a fourth part of the Churches value been allowable So expoundeth M. Selden in his History of Tythes pa 427. the plea shal passe there so far forth as it is deraigned in the Kings Court. III. The Stat. of 1 Rich. 2. 13. mentions it then as Of old and had Wont to be that tythes should be tryed where they were sent but had been lately restrained which had been very inconveniently said of such late times as were so little before as almost within an hundred years especially by a grave Parliament as was urged before which useth to measure words and know things But of this sufficiently there IV. The Statute of Consultation alledged also before was made 24 Edw. 1. sc before two of the three alledged and so speaks as could not be supposed more plain against stopping the Ecclesiastical Judges by Prohibition which shews surely they did proceed then V. Review and call to mind what was said before here 3 Pa 103 104. c. both of erecting the Ecclesiastical Court and trial of tythes there and how long for they were under the Canon and this will be much toward or reach home to the clearing of the whole business VI. Examine things according to their nature and they would seem always fitliest here considerable For who looks upon things as they are and thinks not every man fittest to take care of his own matters The Church fittest to look to the things and support of the Church Or that the maintenance of our Religion could have been ever anywhere more fitly inquirable and determinable of then in the Court Christian the Court of Religion Yea even frther for this reason because they were spiritualibus annexa as Bracton calls them ordinarily they must be in way of tryal spiritualitati annexa And hence also we finde the purposed and dispersed tractation of them as in their proper Cell in the Canons Not in the Statutes nor in the Year-books nor in Bracton nor Fleta nor the Common
serve none but Himself or perhaps Venus or Bacchus or Mammon must be pared off to piece up supplies for his riot and prodigality to feed the greedy worm of his covetousness or rather to help fill up the wide and insatiable gulf of his craving ravenous and cruel soul This were indeed what were if this were not heavily burdensome But shall I serve the Lord Christ with such an inside Shall I profess my self a Church-member yea a member of Christ the Childe of God and an Inheritour of the Kingdome of Heaven harbouring in my bosome a nest of such unreasonable griping cruel carnal lusts Shall I go on to read the Scripture profess the Light hang on Jesus Christ and all his Ordinances with pretended love to his Law and grudge or subtract any mans known worldly dues refuse to give every one his own detract from the humane ordinance and dare say in any case Right is wrong or Law burdensome Shall my turbulent greedy envious unruly passions prevail with me so farre to make me think my neighbour has too much though it be his Own I must covet it I will have it Nay Gods Minister has too much of his known Right I cannot temper but I must covet my neighbour goods That neighbours goods 1 Let a man so account of us as of Ministers of Christ and â—tewards of the mysteries of God 1 Cor. 4. 1. Gods Ministers Right Rob the Church yea perhaps rob God and starve or occasion the starving of souls by withdrawing that which should warm the bloud and quicken the bodies of those should and would feed souls in present and discourage those that are to come in hereafter furthering in the least degree or upon any pretence by my wilfull parcimony that the thing we have so long feared may at last fall upon us That children may cry for bread and there be none to give it them a worse famine may pinch us then that of bread and water even a famine of the Word of Life that hungry souls may run hither and thither for meat and grudge being not satisfied from Parish to Parish from one empty Church I mean to another for the Ordinances of Life and none be found in Sion to comfort her children a well-instructed Teacher in England be as rare as was a man in Israel and because no more means is left to sustain his natural life One Preacher must serve for twenty Congregations Away Pluto and Mammon Let Judas and Achan be for ever separate from the Congregation of the Lord Cursed be Ananias and Sapphira and all their brood Let their posterity never find fig-leaves to cover the shame of their sin in this world nor any thing but Gods mercies and Christs merits to shelter their guilty souls from condemnation in the world to come Let me have ever light enough to know mine Own Justice to give every man his Due Religion to direct I Ought to do so Prudence to measure it out by the onely wise and safe Law and either cast away my Bible Gods Law out of my hands presently or cease eternally to covet my Neighbours goods One word also in the spirit of meekness to him not hitherto thought of that is I take it easie enough to be led but as it falls out miserably out of the way that follows the light of his eyes and they guide him to errour urging the Petition of Right for every ones and his own and yet crying down tythes thereby which being a Right can certainly have no discountenance but must rather have a firm consequentiall establishment by that Petition Philip Philip understandest thou what thou readest Do but say I pray thee what is it thou so importunately callest for Is it not for Right Civil Right Every ones Thy Neighbours as well as thine own And Christs Ministers if he have Right yea Civill Right hereby to his Tenth as well as thou to thy Nine If this why pervertest thou the right words of the Law destroying again presently what but now thou buildedst up and by or with thy hoarse and importunate out-cries for this Petition endeavourest to cry down tythes thereby which being a Right sure Mans right is not Gods right cannot but have thereby a clear and evident confirmation Is not ones mans right of the same kinde with anothers and as good as anothers Must not thy Pastors have been included in All Or couldest thou be content to have his little portion understood at least to be struck out of this book of temporal life to augment thy part to a proportion of ninefold bigger then His already What equity were this or shew of Conscience Suffer I pray thee the word of exhortation and be not offended if I tell thee the truth If thou be a Christian indeed thou wilt not entertain a gentle reproof with disdain nor repay meekness with rage storming at him that would by the grace of God and according to the light given him deliver out nothing to thee but the words of truth and soberness Ask thy Lawyer and he will tell thee Advise with the Learned in his own profession Consult with the Potter about the things of his own trade There is never a Judge at Westminster never a Serjeant in their Innes never a learned Councellour or knowing man in this Land but will assure that tythes are as due besides the rules of equity for work and generals of Scripture for competent maintenance by the Law the rule of Civil righteousness among us to their due receivers here as any rent or rent-charge debt or bond not a benevolence but a strict Right and that the settled and compleat body of the Law doth with as much unanimity evidence constancy and aged consent agree to settle and say so for them and yet doest thou contend and urge a publick grant of right as an argument to destroy them Those sages are wise They will not deny their books They cannot deny this Thou must consent to it Thou hast nothing to say against it Where art thou now On Gods side or on Baals for Christ or for Mammon For Righteousness or Vnrighteousness Wouldest thou but have every one have his Own Doest thou not covet thy neighbours goods Wilt thou own the power of as much Religion as in one verse of one Chapter of the whole Bible Render therefore to every man his due Rom. 13. 7 Keep to this I desire no more I know I have gained with thy honesty thy sure vote for tythes and for ever hereafter Hold to this Concession and be constant thou wilt never hold up an angry hand nor finger against them or but for them unless thou change thy minde to petition against the petition Thou wilt not I suppose be wiser then the Law mangle the Royall Grant or deform that Petition of Parliament If thou do 1. Thou art unjust because not impartial 2. Inconstant because even now thou chosest to submit Hereto and madest use of it 3. In plain terms little