and Quarries were made by Gratian Valentinian and Theodosius Christian Emperors about CCC.LXXX and shew withall that they thought not then of any Tenth of such things to be giuen otherwise when indeed howeuer Cyprian might before haue cause to complaine in Afrique Christian bountie in Oblations especially at Rome and with proportion like enough in other Churches so inricht the Clergie that their wealthie happinesse thence was much wonderd at and not a litle from thence enuied For the then Bishop of Rome his wealth from Oblations chiefly you may see Marcellinus For other of the Clergie a whole Sermon is in S. Chrysostom that liud at the end of this first CCCC yeers against such as enuied the wealth of the Church that grew only out of such Christian deuotion to the Priesthood III. As touching Opinion in that time Origen a great and most learned Father liuing about the yeer CC. hath a whole Homilie vpon the Text of first-Fruits in the Law wherin while he teaches that some things are literally to be obserud he well admonisheth that 't is the part of a wise Interpreter to find out which are so and which not And then first he deliuers his iudgement that this of first-Fruits is one to be obserud still according to the letter and giues this reason Decet enim as the Latin is the Greek I neither haue nor could euer learn that it hath been publisht vtile est etiam Sacerdotibus Euangelij offerri primitias Ita enim Dominus disposuit vt qui Euangelium annuntiant de Euangelio viuant qui Altari deseruiunt de Altari participent and a litle after addes also for Tithes Et adhuc vt amplius haec obseruanda etiam secundùm literam ipsius Dei vocibus doceamur addemus ad haec Dominus dicit in Euangelijs Vae vobis Scribae Pharisaei hypocritae qui decimatis mentam hoc est Decimam datis mentae cymini anethi praeteritis quae maiora sunt legis hypocritae haec oportet fieri illa non omitti Vide ergo diligentius quomodo sermo Domini vult fieri quidem omnimode quae maiora sunt legis non tamen omitti haec quae secundum literam designantur Quod si dicas quod haec ad Pharisaeos dicebat non ad Discipulos audi iterum ipsum dicentem ad Discipulos Nisi abundauerit iustitia vestra plusquam Pharisaeorum Scribarum non intrabitis in regnum Coelorum Quod ergo vult fieri à Pharisaeis multo magis maiore cum abundantia vult à Discipulis impleri And a litle after Quomodo ergo abundat iustitia nostra plusquam Scribarum Pharisaeorum si illi de fructibus terrae suae gustare non audent priusquam primitias Sacerdotibus offerant Leuitis Decimae separentur ego nihil horum faciens fructibus terrae ita abutar vt Sacerdos nesciat Leuites ignoret diuinum Altare non sentiat And in this forme and vpon these reasons he brings in that of Tenths in the Gospell to proue his purpose of first-Fruits But in his conclusion vpon it he leaues out Tenths and speaks only of first-Fruits thus Haec diximus asserentes mandatum de primitijs frugum vel pecorum debere etiam secundum literam stare What we haue transcribed shews both his opinion fully and the ground of it without which specially obserued error soon followes ofttimes in collection from autoritie For Opinion of this time thus much More I confesse might be added out of some other great Fathers as S. Ambrose and S. Augustine but because they fall so neer the end of our first age and continue into the second they are omitted here and referd to the beginning of the next foure hunderd yeers IV. For Constitutions of the Church if you could beleeue those supposed to be made by the Apostles and to be collected by Pope Clement the first you might be sure both of payment in the Apostles times as also of an expresse opinion as ancient for the right of Tenths there you read Quae secundum Dei mandatum tribuuntur Decimas dico primitias insumat Episcopus vt homo Dei and the right is there largely grounded vpon the Leuiticall commandement But no man that willingly and most grosly deceiues not himselfe can beleeue that this Constitution or diuers others there are of any time neer the age of the Apostles but many hunderd yeers after The litle worth and lesse truth of the whole Volume is enough discouerd by diuers of the learned and it was long since branded for a counterfait in an Oecumenicall Councell when doubtlesse it was not yet neither so stufft with Canons of later birth as since it hath been neither are there greater arguments against it as now it is then some passages of fact that obuiously occurre in it among which this may cleerly goe for one Had it been the Apostles ordinance or the vse of the Church in the Primitiue times Origen Tertullian and Cyprian hauing such occasion to mention it could not haue been so silent of it And is it likely that all the old Councels from thence till neer DC yeeres after Christ which being authentique beyond exception haue speciall Canons for the lands and goods possest by the Church the Offerings Reuenues and such more could haue omitted the name of Tenths if either such vse or Apostolicall Law had preceded They talke of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the goods of the Church 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Offerings of fruits but haue not a word any where of the Tenth part And in those counterfait Canons also which some too credulously and those also that wholly reiect the eight Books of Clementines receiued as made by the Apostles one is indeed of first Fruits although touching them by that name certainly no Law was made vnder the Apostles but no word of Tenths Of a like credit it s to be feared is that which is attributed to a fourth Councell of Rome held about the yeer CCC.LXXX by Pope Damasus indeed vpon Cardinall Baronius his credit in the Vatican the Legend of this Pope which was vs'd to be read in the Church is extant and with some miracles are mixt in it certain decrees supposed his and made in he knows not what Councell at Rome of which one is Vt Decimae at que primitiae à fidelibus darentur qui detrectarent anathemate ferirentur as he relates it But those decrees being taken out of the Legend of him neither euer were receiud as Canonicall in the Church nor hath the eldest Code of the Church of Rome or Fulgentius Cresconius Isidore Burchard Iuo or Gratian mention of any of them Not because what was taken to be truly his was altogether wanting for the Canons of one Councell of Rome vnder him his Epistles and some Decrees are and haue been from ancient time publique and dispersed in som of those Compilers
Laicis in feudum perpetuò sunt concessae But we must take it vpon his word only and the credit of the following Canonists that the Canon was so to be vnderstood They may as they will vnderstand it by iudiciall application but you may at least doubt still that the Historicall vnderstanding of it is to be had out of arbitrarie Consecrations before practiced And it was euen equall to ordaine that Lay men should not arbitrarily consecrate and that they should not consecrate without assent of the Bishop euery Bishop I think being supposed a carefull obseruer of the former Canons which would haue induced parochiall right to Tithes and generall payment So that what in this kind might not be done without his assent was conceiud as likely to be neuer done to the Churches preiudice Let euerie able reader iudge here but let him not be much swayed with the rable of late Canonists that goe away cleer with this of Pope Innocent When the Pope had said so they made no scruple of the truth of it and one takes it as their fashion is from another with too much easie credulitie But although this be not sufficient ground for that assertion of our common Lawiers which cleerly being rightly apprehended is true though lazie ignorance crie against it euen to hoarsenesse yet enough other will be found whereof more toward the end of the tenth Chapter Of the time from M.CC. or neere thereabouts till this day CAP. VII I. The Canons of Generall Councels and Decretals for parochiall right in Tithes not formerly otherwise conueyed which now became more established II. The opinion of the Canonists in the question of what immediat Law Tithes are due by is that they are payable iure diuino III. How the same question is determined by the opinion of the Schoolmen IV. Of those that held them meer Almes V. The opinion in Diuinitie that concludes them due iure diuino With a Determination of the Vniuersitie of Oxford touching Personall Tithes VI. Laws Customs and Practice of France in exaction of them Of their feudall Tithes at this day VII Laws Customs and Practice in Spain touching the generall payment of Tithes Tithes there in Lay mens hands VIII Customs and Infeudations in Italie Payment in Venice in Germanie Of the Hungarians Polacks Swethians and others touching the dutie and possession of Tithes IX Of Tithes in Scotland With an Example of an Appropriation of Churches and Tithes there by Robert de Brus. And something of Tithes in Ireland IN these following times the Canon Law grew to be of more force and Parochiall right through the Decrees made against that former course of arbitrarie Conueyances and from the passages of Canon Law that supposd the generall right of Tithes became to be more established But the Opinions of Canonists and Diuines haue been and are much different in the question vpon what Law the generall right of them is immediatly grounded But by the Practice of the Common Laws for so much as I haue read of all Christian States they are subiect to Customes and that somtimes as well in non payment as in payment of a lesse part And Infeodations of them into Lay hands yet continue in France Spaine Germanie and elsewhere And of Customes only and Infeodations wee shall principally speake in the practice of this time For what euer might here otherwise be rememberd touching Compositions Exemptions or such like is but a meer consequent of those Customes and of the Opinion that makes them due only by Positiue Human or Ecclesiasticall Law I. It is sufficiently manifested in the practice of the former CCCC yeers that the Laitie did vsually conuey their Tithes by Consecrations and Appropriations to what Church they would and by Infeodations to Lay men Their Infeodations were forbidden by the Generall Councell of Lateran in M.C.LXXX. whence that most known Canon Prohibemus before cited was taken into the bodie of Gregories Decretalls and hath euer since been and still is in autoritie and that also in the secular Lawes of France especially It was in the same Councell ordained That no religious Orders should receiue any Appropriations or Consecrations of Churches or Tithes without assent of the Bishop Ecclesias Decimas are the words de manu Laicorum sine consensu Episcoporum tam illos that is Templars and Hospitalars against whom the prouision was chiefely made quam quoscunque alios Religiosos reciperc prohibemus This was confirmed in the Generall Councell of Lateran held vnder Innocent the third in the yeer M.CC.XV. And a Canon of the Generall Councell of Lateran vnder Calixtus the second in the yeer M.C.XIX. wherein parochiall Ministers were also forbidden to receiue Tithes or Churches from the hands of Lay men by Inuestiture especially Absque consensu voluntate Episcopi was afterward in diuers Epistles of Pope Alexander the third receiued and confirmed And although manie Decrees were before against those Conueyances yet till these Generall Councels vnder Alexander and Innocent neither was the Autoritie of the Church so powerfull neither were Epistles sent from Rome so frequent to put that in execution which had so been there established against that challenged right of the Laitie But by this time when the arbitrarie disposition of the owner was thus prouided against reference being made to the Bishops assent that was bound to square all things by the Canons which would haue Tithes paid parochially and became to be much more obeyed then before it grew frequent to haue Decretall Epistles sent from Rome into euery Prouince both to ratifie the former Consecrations and Appropriations which the Popes began also at pleasure to declare sometimes void if made by Lay men alone and also to exact parochiall payments of other Tithes not canonically conueyed out of the Parish and the reason sometime was added that is Perceptio Decimarum ad Parochiales Ecclesias de iure communi pertinet and the Generall Councell of M.CC.XV. had taken it cleere and so exprest it that in signum vniuersalis Dominij quasi quodam titulo speciali sibi Dominus Decimas reseruauerat And after a few words the Canon is concluded with Decimare cogantur Ecclesijs quibus de iure debentur And the action for parochiall Tithes in those times as now is called iure communi fundata intentio that is by common right Tithes praediall and mixt were due to the Rector of the Parish were he Bishop or Priest if they were not otherwise by speciall title enioyed by some other Church or discharged by Canonicall Exemption But how little this common right had before been practiced appears not only in what is alreadie declared of the vse of the former time and in the doubts made by Gratian in the Decree and Pope Lucius the third Alexander the third and others in their Epistles touching it but also in other occurrences of somewhat before the beginning of these CCCC yeers amongst which you shall find
censuris ne simplices inficiant mordaciter feriantur Sic vnanimes in vera doctrina Ecclesiae permaneamus vt ad eum tendere valeamus de quo canit Propheta Quaerite Dominum confirmamini quaerite faciem eius semper sic laetetur cor quaerentium Dominum hic in via quatenus ipsum quaerentibus dignetur esse merces in patria Amen They were me thinks somwhat vehement and very confident in the point Neither haue I elswhere seen so great autoritie against Russell If Russell were therefore an Heretique doubtlesse he hath had and now hath many fellow-Heretiques for thus many nay the most of such as most curiously inquire herein and diuers Canonists also that are for the morall right of prediall and mixt Tithes denie that personall are otherwise due regularly then as custom or Law positiue which is subiect to custom directs But iudge you of it Reader I only relate it and return to their prosecution against Russell at length news came that he was at Rome whither presently the Conuocation sent agents to whom they allowd for an honorarie salarie a farthing out of euery pound of Church liuings that might there question him before the Bishop of Rome a delegation of the Conisance of the cause was made to a Cardinall who adiudged him to perpetuall imprisonment vnlesse he recanted the Frier afterward brake prison and ran home again where at Pauls Crosse when nothing els could satisfie the secular part of the Clergie he solemnly abiured his heresie as they calld it and to preuent the like in the doctrin of other Minorits Chicheley the Archbishop enioind them all that in their publique Sermons they should teach personall Tithes to be due by the Laws of God and the Church Of later time others haue writen for the diuine right and generall dutie of Tithes you may see Albertus Pius Carpensis against Erasmus Baronius his digression touching them others but especially the diuers Treatises writen to that purpose of late by our Countrie men which are read in euerie hand I purposely abstain from particular mention of their names But neither haue only single autors been lately of that side for prediall and mixt whole Synods also of this age haue in expres words been for them through whose autoritie this ancienter before rememberd they might haue fortified their Conclusions with far greater names then by citing some one or two late single men as they vsually do To omit the Councell of Mentz held in the yeer M.D.XLIX where it is deliuered that Decimae debentur iure Diuino and some other are to that purpose in the Decreta Ecclesiae Gallicanae collected by Bochell In an Edict of Henrie the second of France in M.D.XLII relation is of a remonstrance made to him by the Bishop Dean Canons Chapter and Clergie of Paris wherein they take it cleer that tithes and first fruits were introduitees instituees de droit diuin partant deussent estre payes Loyauement sans fraude The like of the Clergie of the Diocese of Troyes is mentioned in an edict of Charles the ninth in M.D.LXII in the same words and in the yeer before by a Generall Synod of all the Clergie of France at Poissy a complaint was made with that pretence in it the words of the Edict best shew it Charles c. à tous ceux qui ces presentes lettres Verront salut De la part de nos chers bien amies consiellers les Archeuesques Euesques de nostre Royaume et des deputez des Clergez qui ont este n'aguerez assembleza Poissy par nostre commandement nous à este remonstre que combien que les Diximes Primices qui sont leur principall reuenu soient introduitees instituees de droict diuin partant deussent esâ—re payees loyaument sans fraude ce neantmoins plusieurs Agricoles proprietarees c. with these may be reckond that of the Clergies petition in the parliament of 50. Ed. 3. wherein they begin with Licit Decima siluae presertim caeduae de iure diuino ecclesiastico Deo et ecclesiae sit soluenda c. VI. But Although by this Opinion and that of the Canonists Tithes be generally due by the diuine Law and so not subiect if with them you take it for the diuine morall or naturall Law to Ciuill Exceptions as Customes and Prescriptions of discharges or of paiment of lesse or such more whence also reall compositions haue been condemned quia Decimae cum temporalibus non sunt commutandae as the words of an old Pope were to the Bishop of Cusa yet the practised Common Law for by that name as common is distinguished from sacred are the Ciuill or Municipall Laws of all Nations to be stiled hath neuer giuen way herein to the Canons but hath allowd customes and made them subiect to all ciuill titles Infeodations discharges compositions and the like Of Compositions no more shall be spoken seeing they consist rather in indiuiduals then of any generall course we only remember them here as one kind of discharge among other that haue been allowd by common Laws and where Customes and Infeodations hold no man can doubt of the lawfulnesse of Compositions But of Customes in the Edicts made by those Kings of France vpon those remonstrances it appears that what euer the Clergie supposed by their Dixmes introduitees and instituees de droict diuin they complain of abuse only in due paiment of Tithes out of lands suiets redeuables aux dits dixmes c. that is subiect and liable to the paiment of Tithes neither in other words do the Edicts and their verifications giue them remedie And notwithstanding that it were once according to sundrie Canons of that Church thus commanded by an old Law of the yeer M.CC.XXXVIII made by S. Lewes Decimae quibus fuit longo tempore ecclesia per malitiam inhabitantium defraudata Statuimus ordinamus quod restituantur citius amplius laici decimas non detineant sed eas habere clericis permittant yet in that state against the whole course of the Cannon Law in this kind they haue what by reason of ancient Infeodations still continuing what through customs allowed diuers lands to be not at all subiect to any Tithes payable to the Church For their Infeodations although none can be there new created such as were made before that Canon prohibemus of the Councell of Lateran held vnder Alexander the third are to this day remaining and are conueied and discend as other lay inheritances excepting only such as being discharged of feudall seruice haue been giuen in to the Church For their Lawiers with the common opinion but erroneously suppose that all such Infeodations came from the Church and therefore they agree if any feudall Tithes be conueied into the Church freely by themselues not as annexed to other fiefs as castles or mannors nor subiect to tenures reserued that then they are in the Church
diuiding Tithes before witnesses is an old Imperiall attributed in some Editions to the XI yeere of the reigne of Charles the great being King of France in others to the Emperor Lothar the first But referre it to either of them and it will be diuers yeers later then Ecbert's death And other mixt passages there plainly shew that whose soeuer the Collection was much of it was taken out of the Imperiall Capitularies none of which were made in Ecbert's time Perhaps the greatnesse of his name was the cause why some later Compiler of those Excerptions might so inscribe it to gain it autoritie for he was both brother to Edbert King of Northumberland and the first also that after Paulinus restored the name of Archbishoprique and the Pall to Yorke And the heads of a Synod held in Ecbert's time vnder King Ethelbald and Cuthbert Archbishop of Canterburie are yet extant but not any expresse mention is found in them of Tithes although most of the particulars of Church-gouernment are toucht there II. The Autors of the Centuries haue a Synod held in the yeer D. CC.LXXXVI vnder two Legats sent from Pope Hadrian the first with letters for reformation and establishing of Church Laws to Offa King of Mercland and Aelfwold King of Northumberland and to the two Archbishops the particulars of the Synod are related in an Epistle to the Pope from those Legats which were the first that had so come from Rome hither after Augustine wherein it is related that Gregorie Bishop of Ostia one of the Legats went into Northumberland and Theophilact Bishop of Todi the other to Offa who with Kenulph King of West-Saxonie called a Councell for the Southern patt as Aelfwold for the Northern Gregorie sayes That in the Northern parts ad diem Concilij conuenerunt omnes Principes Regionis tam Ecclesiastici quam seculares and after many Institutions of Canon Laws there the XVII Chapter is de Decimis dandis sicut in Lege scriptum est Decimam partem ex omnibus frugibus tuis seu primitijs deferas in Domum Domini Dei tui Rursum per Prophetam Adferte inquit omnem Decimam in horreum meum vt sit cibus in domo mea probate me super hoc si non aperuero vobis cataractas coeli effudero benedictionem vsque ad abundantiam increpabo pro vobis deuorantem qui comedit corrumpit fructum terrae vestrae non erit vltra vinea sterilis in agro dicit Dominus sicut sapiens ait Nemo iustam Eleemosynam de his quae possidet facere valet nisi prius separauerit Domino quod à primordio ipse sibi reddere delegauit Ac per hoc plerumque contigit vt qui Decimam non tribuit ad Decimam reuertitur Vnde etiam cum obtestatione praecipimus vt omnes studeant de omnibus quae possident Decimas dare quia speciale Domini Dei est de nouem partibus sibi viuat Eleemosynas tribuat Et magis eas in abscondito facere suasimus quia scriptum est cum facis Eleemosynam noli tuba canere ante te The autoritie of this Canon may be known out of what is there further added Haec Decreta beatissime Papa Hadriane in Concilio publico coram Rege Aeelfwaldo Archiepiscopo Eanbaldo omnibus Episcopis Abbatibus Regionis seu Senatoribus Ducibus populo terrae proposuimus illi vt superiùs fati sumus cum omni deuotione mentis iuxta possibilitatem virium suarm adiuuante supernâ clementia se in omnibus custodire denouerunt signo Sanctae Crucis in vice vestra in manu nostra confirmauerunt posteà stylo diligenti in Charta huius paginae exarauerunt signum Sanctae Crucis infigentes Then follow some subscriptions of Bishops Et His quoque saluberrimis admonitionibus Presbyteri Diaconi Ecclesiarum Abbates Monasteriorum Iudices Optimates Nobiles vno opere vno ore consensimus subscripsimus After this so concluded in the Northern state the same Legat together with Maluin and Pyttell Embassadors from Aelfwold take with them all those Decrees and Canons and goe to the Councell held vnder Offa for the Western parts Vbi as the words are gloriosus Rex Offa cum Senatoribus terrae vna cum Archiepiscopo Iaenberchto some call him Lambert Sanctae Ecclesiae Dorouernensis that is of Canterburie caeteris Episcopis Regionum conuenerat in conspectu Concilij clarâ voce singula capita perlecta sunt tam Latinè quam Teutonicè that is in English-Saxon which then was the selfe-same with Dutch or Teutonique quo omnes intelligere possent dilucidè reserata sint qui omnes consona voce alacri animo gratias referentes Apostolatus vestri admonitionibus the Legats so write to the Pope promiserunt se diuino adminiculante fauore iuxta qualitatem viriū promitissimâ volūtate in omnibus haec statuta custodire And Offa and his Bishops Abbots and some Princes subscribe with the Crosse to it What Copie of this Synod the Centuriators had or whence they tooke it I find not But if it be of good autoritie it is a most obseruable Law to this purpose being made with such solemnitie by both Powers of both States of Mercland and Northumberland which tooke vp a verie great part of England and it is likely that it was made generall to all England In the relation of the Legats to the Pope mention is of Kenulph King of West-Saxonie his ioyning with Offa in calling the Councell but the confirmations of the Decrees haue no reference to him But by the way if you examine it by storie and Synchronisme Kenulph perhaps could not haue at all to do with it For some of our old Monks expressely affirme That in the second yeer of Brithric next successor after Kenulphs death Pope Adrian sent his Legats in Britanniam ad renouandam fidem quam praedicauerat Augustinus And that they then held their Synod at a place called Cealchithe how could Kenulph be there then as the Legats relate Beleeue the Monks as you will but indeed an exactnesse here is not easie extracted out of the disturbed times of our Chronicles They talk also of a Synod held in Wicanhale for the North parts a yeere or two after Doubtlesse they intend this same that is extant in the Centuries if at least it be of sufficient credit Neither can it be suspected by any circumstance in the subscriptions which being so many might haue by chance soon got among them a character of falsehood had it not been genuine In the printed Houeden Gregorie one of the Legats is called Georgeus perhaps for Gregorius but my Ms. hath also Georgius But if Henry of Huntingdon and Roger of Houeden giue vs the time right of the Legats comming hither then is that mention of Kenulph in their supposed Epistle to the Pope a plaine character of falsehood or ignorance in some
nimis refrixerat and agreeing to this reason is a passage in the Synod of London held vnder Lanfrank Archbishop of Canterbury in 9. Will. 1. Et quod are the words multis retro annis in Anglico regno vsus Conciliorum obsoluerat renouata sunt c. that Canon seems to haue been made against arbitrarie consecrations of Tithes then practiced whereof anon largely XVII The Laws of Henrie the first haue one title De placitis Ecclesiae pertinentibus ad Regem and vnder that are these words Si quis rectam Decimam superteneat vadat praepositus Regis Episcopi terrae Domini cum Presbytero ingratis auferant Ecclesiae cui pertinebit reddant nonam partem relinquant ei qui Decimam partem dare noluit according to those of King Edgar and King Knout before related XVIII Alberique Bishop of Ostia Legat in England to Pope Innocent the second in 3. of King Stephen held a Synod at London and in that as I haue seen it transcribed out of a book of Worcester this Canon is De omnibus Primitijs rectas Decimas dari Apostolica autoritaee praecipimus quas qui reddere noluerit anathematis in eum sententia proferatur Primitiae must it seems be here vnderstood for euery new yeers encrease XIX Vnder Henrie the second a Pontificiall Decree was sent to all the Bishops of the Prouince of Canterburie about the yeer M.C.LXX. by Pope Alexander the third commanding them that they should admonish all men in their seuerall Dioceses si opus fuerit as the words are Sub excommunicationis districtione compellere vt de prouentibus Molendinorum Piscariarum Faeno Lana Decimas Ecclesijs quibus debentur cum integritate persoluant the direction of it was Cantuariensi Archiepiscopo eius suffraganeis To this you may adde that other of the same Popes to the Bishop of Winchester Mandamus quatenùs Paraecianos tuos de Apibus de omni fructu Decimas persoluere Ecclesiasticâ districtione compellas Both these were afterward made part of Gregories Decretalls and are of force to this day in the Canon Law of the Church of Rome XX. In 21. of the same King Henrie the second Richard Archbishop of Canterburie held a Prouinciall Synod at Westminster in which were neer all the Bishops and Abbots of his Prouince as also the two Kings the father and the sonne there diuers Constitutions out of old Councells and Popes Decrees were published to be obserued in his Prouince among them one is out of a Synod at Rosne in these words Omnes Decimae Terrae siue de frugibus siue de fructibus Domini sunt illi sanctificantur sed quia multi modò inueniuntur Decimas dare nolentes statuimus vt iuxta Domini Papae praecepta admoneantur semel secundò tertiò vt de grano de vino de fructibus Arborum de foetibus animalium de lana de agnis de butyro caseo de lino canabe de reliquis quae annuatim renouantur Decimas in egrè persoluant quòd si commoniti non emendauerint anathemati se nouerint subiacere XXI Hubert Archbishop of Canterburie by his power Legatin receiud from Pope Caelestin the third in 6. Rich. 1. held a Prouinciall Councell for the Prouince of Yorke and therein one of the Canons thus speaks for Tithes Cum Decimae sint tributa egentium animarum ex praecepto Domini dari debeant non est reddentis eas diminuere Statuimus itaque vt de his quae renouantur per annum cum omni integritate Decimae debitae consuetae conferantur ita vt inprimis Decimae absque vlla diminutione Ecclesiae dentur postmodùm de nouem partibus mercedes messorum aliorum seruientium pro arbitrio soluentis tribuantur XXII The same Archbishop Hubert in 2. of K. Iohn Generale celebrauit concilium Lundonijs apud Westmonasterium contra prohibitionem Galfridi filij Petri Comitis de Essexe tunc temporis summi Iustitiarij Angliae for it appears that in those elder times there was great controuersie between the King in whose right the Chief Iustice of England here sent out his prohibition and the Archbishop touching this point whether the Archbishop either as Archbishop or as Legat might hold a Prouinciall or Nationall Councell without autoritie from the Crown but that is now declared cleer and so practiced that he may not In that Councell notwithstanding the prohibition he ordaind thus for tithes Cum Deo Sacerdotibus Dei Decimas dandas Abraham factis Iacob promissis innuent autoritas veteris noui Testamenti necnon sanctorum Patrum statuta declarent Decimas de omnibus quae per annum renouantur praestandas id inuiolabilitèr decernimus obseruandum ita quod occasione mercedis seruientum vel messorum decima pars non minuatur sed potius integre persoluatur Habeant etiam Presbyteri potestatem ante autumnum excommunicandi omnes fraudatores decimarum suarum eosdem secundum formam Ecclesiasticam absoluendi Huic adijcimus sanctioni vt de terris nouitèr cultis non aliàs dentur decimae quam Ecclesijs Parochialibus infra quarum limites terrae illae de quibus Decimis perueniunt excoluntur Detentores verò Decimarum iuxta Rothomagensis Concilij constitutum si semel secundò tertiò commoniti excessum suum non emendauerint vsque ad satisfactionem condignam anathematis vinculo feriantur saluo in omnibus S.S.R.E. honore priuilegio which Saluo is to euery of his Canons XXIII Among the Decretall Epistles of Pope Innocent the third one is directed Cantuariensi Archiepiscopo vt Ecclesijs Parochialibus iustè Decimae persoluantur and thus speaks Peruenit ad audientiam nostram quod multi in Docesi tua Decimas suas integras vel duas partes ipsarum non illis Ecclesijs in quarum Parochijs habitant vel vbi praedia habent à quibus Ecclesiastica percipiunt Sacramenta persoluunt sed eas alijs pro sua distribuunt voluntate Cum igitur inconueniens esse videatur à ratione dissimile vt Ecclesiae quae spiritualia seminant metere non debeant à suis Parochianis temporalia habere fraternitati tuae autoritate praesentium indulgemus vt liceat tibi super hoc non obstante contradictione vel appellatione cuiuslibet seu consuetudine hactenus obseruata quod Canonicum fuerit ordinare facere quod statueris per Censuram Ecclesiasticam firmiter obseruari Nulli ergo c. confirmationis c. Datum Lateran II. nonas Iulij XXIV In a collection of diuers Constitutions for the English Church out of Councells and others titled only Constitutiones cuiusdam Episcopi and writen about Hen. the thirds time one of Tithes occurs Decimas de omnibus quae renouantur per annum maximè consuetas dandas decernimus potissime de molendinis
ad lucrandum vel perdendum de aduocatione Ecclesiae de Budeketun vnde placitum erat inter eos in Curia Regis scilicet quod Prior Monachi remiserunt quietum clamauerunt eidem Richardo haeredibus suis aduocationem praedictae Ecclesiae per ita quod persona quae per ipsum Richardum vel haeredes eius in eadem Ecclesia instituetur reddet singulis annis Ecclesiae de Lewes IIII. solidos scilicet ad festum Sancti Michaelis ille qui in eadem Ecclesia per ipsum Richardum vel haeredes suos instituetur persona post institutionem suam coram Episcopo fidelitatem praestabit quod praedictam pensionem praedicto termino Ecclesiae de Lewes persoluet posteà in Capitulo de Lewes eandem fidelitatem innouabit Here it appears it seems by the iudgement of the Kings Iustices that the Patron had such interest in those times that he might alone without grant of the Encumbent who came in by his Institution and Inuestiture or confirmation of the Bishop charge the church with a pension and this being in a Fine is of autoritie beyond exception for that age But the like is in Rot. Fin. 7. Rich. 1. Lancast. in a Fine leuied between Theobald Fitz-water demandant in a Writ of Right of Aduowson against the Abbot of Shrewsburie of the Church of Kirkham where XII marke Rent is reserued to the Abbot with a like clause for the Encumbents fealtie for true payment the like in Fin. 4. Rich. 1. diuers Comit. touching the Church of Dacheworth yet also in that age the assent of the Parson and Bishop was somtime had as in Rot. Fin. 7. Rich. 1. Staff where vpon Right of Aduowson by the Prior and Canons of Stanes against Alice Hopton for the Church of Cheklegh Alice Robertus filius haeres suus per assensum voluntatem H. Couentrensis Episcopi in cuius Diocoesi Ecclesia illa sita est Osberti personae eiusdem Ecclesiae tunc ibidem praesentium concesserunt praefatis Priori Canonicis XXs. de eadem Ecclesia de Cheklegh annuatim percipiendos sine omni contradictione imperpetuum de Clerico eandem Ecclesiam possidente quicunque ille fuerit ad duos terminos videlicet ad Pascha Xs. ad festum S. Michaelis X ◠c Here the assent of the Parson and Bishop being both present in Court is inserted in the Fine yet inough examples shew that it was not as may be strongly coniecturd thought altogether necessarie But indeed howeuer the right of Inuestitures had been then much exercised by Lay Patrons yet in case of Clergie Patrons if the Church were not of exempted iurisdiction the Bishops more vsually instituted and therefore was their assent the sooner admitted somtimes into the Fine and doubtlesse also some lay Patrons willing enough herein to obey the Canons after Anselm and perhaps before arbitrarily filld their Churches by presentation to the Bishop this may be collected especially out of that of the grant of the priuilege of Institution in Churches made by Turstan Archbishop of York vnder Henrie the first to the Archdeacon of Richemond as also out of two Decretalls from Rome sent by Pope Lucius the third vnder Henrie the second to the Bishop of Norwich and in some other autoritie both in our yeer books and in the fine Rolls also of the beginning of King Iohn the Bishops assent in such grants of that time is sometimes found and in that commonly but without sufficient ground attributed to Randol of Glanvill chief Iustice of England to Henrie the second the Bishops institution is spoken of as a thing of not vnknown right vpon a recouerie in Darrain presentment according as the Canons require And in an Epistle of Giraldus Cambrensis writen in those times to Hugh Bishop of Lincoln about his Parsonage of Cestreton which he challenged vpon presentation of himself made by Gerard of Camvill a Gentleman of great worth in Lincolnshire the Bishops Institution is spoken of as cleerely necessarie according to the Canons and noted with Episcopus solus honores dare potest which you must remember was writen by one that was feruent for the Canons and had also writen against the auitae consuetudines or common Laws of that time But these testimonies must be warily vnderstood and compared with the former and frequent practice of the contrarie which about that time especially vnder Richard the first and King Iohn it seems much altered Neither till about that time can it be found that the more common practice of Lay mens Inuestitures ceased Nor was the Bishops Institution presently and vniformely thence vsed as of later ages The autoritie of the Clergie had by that time taken away the vse of Lay mens Inuestitures Yet was it not cleere it seemes vpon the practice that here followed what dignitie of the Clergie should then exercise the Institution for you shall find it sometimes done by the Archdeacon as it was also before K. Iohn in some cases where any Lay man omitted his Inuestiture as may be gathered out of a Decretall sent hither from Pope Alexander the third to forbid the Archdeacon of Ely Curam animarum sine mandato Episcopi committere And afterward also in Pasch. Trin. 9. 10. Reg. Ioh. a Writ is awarded to the Archdeacon as now it ought to the Bishop vpon recouerie of a Presentment The entrie is thus Recordatum est per G. filium Petri Simonem de Pateshull quod Simon filius Richardi tempore Regis Richardi recuperauit coram eis socijs eorum versus Iohannem de Kalceto seisinam Aduocationis Ecclesiae de Buckworth in Huntingdonshire per assisam de vltimâ prasentatione ita quod habuit breue quod Archidiaconus admitteret personam ad Ecclesiam illam ad praesentationem eidem ipse Iohannes impediuit eum ita quod implacitauit eum per breue Papae Dominus Rex prohibuit placitum Simon venit impetrauit à Rege quod loquela procederet quod haberet breue ab Archidiaconum de Clerico suo admittendo habuit T. domino G. filio Petri Will de Briwere Here twice was the Writ of Admission or Institution sent to the Archdeacon not to the Bishop Perhaps indeed it happened in the vacancie of the See for the time so falls that we cannot be sure of the contrarie But admit it were so Plainly the Archdeacon neither by Canon nor common Law had any more right of Institution by reason of a Vacancie of the Bishoprique And certainly during the vacancie the Writ should goe to the Gardians of the Spiritualtie which by the Canon Laws are the Deane and Chapter but by the Law of England the Archbishops in their seuerall Prouinces and the Deanes and Chapters only in case where the Archbishopriques are void And in other places somewhat afterward also I haue seen Institutions often by the
Mascon Afterward also we find that Leges Episcopales which were serued by William the first from the Hundred and confined to the Bishops Consistorie that wee may omit the Nationall or Prouinciall Constitutions of this Kingdome made in those elder times according to the old Canons of the Church of Rome And X. yeers before Gratians Decree writen it is certaine that the Canons of the Church generally by the name of Canones and Canonum Decreta for diuers collections were of them an some also confirmd by Papall autoritie beside the Codex Vetus before that of Gratian were familiarly talkt of and vrged in that great Controuersie in the Synod of Winchester in the fourth yeere of King Stephen touching the Castles of Newarke Salisburie and the Vies where the King denied vtterly Censuram Canonum pati that is to haue it determined by them whether or no the two Bishops Roger of Salisburie and Alexander of Lincolne might lawfull keepe their Castles that they had fortified But while the rest of the Bishops stood so much vpon their Canons and euen in the face of Maiestie profest a rebellion the King and the Lay subiects it seems grew so exasperated against them that by publique command for preseruation of the libertie of the Crown and Laitie they were forbidden to be of any more vse in the Kingdom For so perhaps is that to be vnderstood as we haue elswhere noted in Iohn of Chartres where he sayes that Tempore Regis Stephani à regno iussae sunt Leges Romanae quas in Britanniam domus Venerabilis Patris Theobaldi Britanniarum Primatis asciuerat Ne quis etiam libros retineret edicto Regio prohibitum est What he calls Leges Romanae the most learnd Frier Bacon mentioning the same storie stiles Leges Italiae and takes them for the Roman Imperialls and not for the Canan Law I confesse I see not enough cleerly here to iudge vpon the words of Iohn of Chartres whether it were the Canons or the Imperialls on the one side If we say he meant that Theobald or his Clergie brought the Roman Canon Law it might so seem as if it had not been here before in the hands of the Clergie nor partly practiced by them Which doubtlesse is otherwise If on the other side we vnderstand the Imperialls Copies of which indeed might well be at that very time brought as a noueltie hither for they were then newly found and plainly in Henrie the seconds time they were here in the hands of the more curious Scholers as you may see by Iohn of Chartres his citing of them how then is that true which he presenly after saies of the encreasing power and force of those Leges Romanae Sed saith he Deo faciente eò magis virtus legis inualuit quo eam amplius nitebatur impietas infirmare What force or power at all had the Imperiall here afterward where is any signe of it But the obiection against that which might proue them not to haue been the Canon Laws may not difficultly perhaps be answered It is true that the Canons of Rome were here before and read and partly practiced in the Church But diuers Collections were of them about this age of King Stephen and perhaps some later and larger Collection might be brought hither by Archbishop Theobald or some of his Clergie which are vnderstood I think in that Domus Venerabilis Patris Theobaldi He himselfe perhaps might bring Iuo's Decree when he came from Rome in 3. of King Stephen and endeuour the strict practice of it here which the King and the Lay subiect had reason enough to dislike or some of his Clergie might perhaps afterward bring in Gratians Decree that was both compild by Gratian and confirmd by Pope Eugenius the third about ten yeers before Theobalds death that is about 16. of King Stephen And this way those words of Legis virtus inualuit may haue their truth For howeuer that opposition against the Canon Law were it is most certain that this first part of the body of it the Decree was presently vpon the first publication of it in vse in England and familiarly cited by such Diuines as talk◠of what had reference to it witnesse especially Giraldus Cambrensis in his Epistles and the practice of the Canon Law here for the time of Henrie the second is seen in the Epistles of that Iohn of Chartres which yet remain and are I think the ancientest examples of proceedings in our spirituall Courts But notwithstanding that first part of the body of the Canon Law which expresly commanded Tithes to be generally paid were here soon receiud among the Clergie yet about L. yeers after that the former course of Arbitrarie Consecrations of them continued and both that and the rest of those courses in disposition of Church-reuenues which so differ from the Canons and from the practice of this day was not fully alterd till some Decretalls came hither with more powerfull and dreadfull autoritie as the times were of some of the following Popes especially of Alexander the third and Innocent the third which two alone I think sent as many commanding Decretalls into euery Prouince as all their Predecessors had before done and especially into England as is alreadie shewd they sent diuers only for the matter of Tithes which were all first of Papall autoritie for the particular ends for which they were sent and so were obeid as Canon Law although none of them became parts of the generall Canon Law vntill Gregorie the ninth put some of them into his Decretalls autorised by him in the yeer M.CC.XXX about which time perhaps and diuers yeers before the Canon Law of Rome was not only read here priuatly among the Clergie but professed also in Schooles appropried to it so I ghesse is that close Writ of 19. Hen. 3. to be vnderstood which prohibited the holding of Scholae Legum in London it was directed to the Maior Shrifes commanding them Quod per totam Ciùitatem London Clamari faciant firmiter prohiberi ne aliquis Scolas regens de Legibus in eadem Ciuitate de caetero ibidem Leges doceat Et si aliquis ibidem fuerit huiusmodi Scolas regens ipsum fine dilatione cessare faciat T. Rege apud Basing XI die Decembris This was fiue yeers after the Decretalls published and it seems most probable that these Leges were Canon Laws perhaps mixt as vsually they were in the profession also with the Imperials for both of them were it seems studied here vnder Henrie the third by the Clergie more then any other part of learning and therefore were forbidden as being both in regard of their own autoritie against the supreme Maiestie and independencie of the Crown of England The end of the Reuiew The ancient Records and other Manuscripts Vsed in this Historie of Tithes with references to the places where they are cited and to the Offices and Libraries wherein they
be most particular being referd to the last seuen Chapters Till towards the end of the first foure hundred no Paiment of them can be proued to haue been in vse Some Opinion is of their being due and Constitutions also but such as are of no credit For the first 't is best declared by shewing the course of the Church-maintenance in that time So liberall in the beginning gf Christianity was the deuotion of the beleeuers that their bountie to the Euangelicall Priesthood farre exceeded what the Tenth could haue been For if you looke to the first of the Apostles times then the vnitie of heart among them about Ierusalem was such that all was in common and none wanted and as many as were possessors of lands or houses sold them and brought the price of the things that were sold and laid it downe at the Apostles feet and it was distributed vnto euery man according as he had need And the whole Church both Lay and Clergie then liud in common as the Monks did afterward about the end of the first foure hundred yeeres as S. Chrysostome notes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 saies he 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is so they liue now in Monasteries as then the beleeuers liud But this kind of hauing all things in common scarce at all continued For we see not long after in the Church of Antiochia where Christianitie was first of all by that name profest euery one of the Disciples had a speciall abilitie or estate of his owne So in Galatia and in Corinth where S Paul ordaind that weekly offerings for the Saints should bee giuen by euery man as hee had thriued in his estate By example of these the course of monthly Offerings succeeded in the next ages Those monthly Offerings giuen by deuout and able Christians the Bishops or Officers appointed in the Church receiud and carefully and charitably disposed them on Christian worship the maintenance of the Clergie feeding clothing and burying their poore brethren widowes orphans persons tyrannically condemnd to the Mines to Prison or banisht by deportation into Isles They were called Stipes which is a word borrowed from the vse of the Heathens in their collections made for their Temples and Deities neyther were they exacted by Canon or otherwise but arbitrarily giuen as by testimony of most learned Tertullian that liued about CC. yeers after Christ is apparant Neque pretio are his words vlla res Dei constat Etiam si quod arcae genus est non de oneraria summa quasi redemptae religionis congregatur modicam vnus quisque Stipem menstruâ die vel cum velit si modo velit si modo possit apponit Nam nemo compellitur sed sponte confert Haec quasi deposita pietatis sunt And then he shewes the imployment of them in those charitable vses Some authoritie is that about this time lands began also to bee giuen to the Church If they were so out of the profits of them and this kind of Offerings was made a treasure and out of that which was increased so monthly was a monthly pay giuen to the Priests and Ministers of the Gospell as a salarie for their seruice and that eyther by the hand or care of the Bishop or of some Elders appointed as Oeconomi or Wardens Those monthly payes they called mensurnae diuisiones as you may see in S. Cyprian who wrote being Bishop of Carthage about the yeere CCL and speaking familiarly of this vse calls the Brethren that cast in their monthly offerings fratres sportulantes vnderstanding the offerings vnder the word sportulae which at first in Rome denoted a kind of running banquets distributed at great mens houses to such as visited for salutation which being oft-times also giuen in mony as you may remember out of Mardial the word came at length to signifie both those salaries wages or fees which either Iudges or Ministers of Courts of Iustice receiud as due to their places as also to denote the Oblations giuen to make a treasure for the salaries and maintenance of the Ministers of the Church in this primitiue Age. and to this purpose was it also vs'd in later times But because that passage of S. Cyprian where he vses this phrase well shews also the course of the maintenance of the Church in his time take it here transcribed but first know the drift of his Epistle to be a reprehension of Geminius Faustinus a Priest his being troubled with the care of a Wardship whereas such as take that dignitie vpon them should hee saies be free from all secular troubles like the Leuits who were prouided for in Tithes Vt qui as he writes operationibus diuinis insistebant in nulla re auocarentur nec cogitare aut agere secularia cogerentur and then hee addes Quae nunc ratio forma in Clero tenetur vt qui in Ecclesia Domini ad ordinationem Clericalem promouentur nullo modo ab adminstratione diuina auocentur sed in honore Sportulantium fratrum tanquam Decimas ex fructibus accipientes ab Altari Sacrificijs non recedant die ac nocte coelestibus rebus spiritalibus seruiant which plainly agrees with that course of monthly pay made out of the Oblations brought into the Treasurie which kind of meanes he compares to that of the Leuits as being proportionable But hence also 't is manifest that no payment of Tithes was in S. Cyprians time in vse although some too rashly from this very place would inferre so much those words tanquam Decimas accipientes which continues the comparing of Ministers of the Gospel with the Leuits plainly exclude them And elsewhere also the same Father finding fault with a coldnes of deuotion that then possest many in regard of what was in vse in the Apostles times and seeing that the Oblations giuen were lesse then vsually before expresses their neglect to the Church with at nunc de patrimonio nec Decimas damus whence as you may gather that no vsuall paiment was of them so withall obserue in his expression that the liberalitie formerly vsed had been such that in respect thereof Tenths were a small part vnderstand it as if he had said but now we giue not so much as any part worth speaking of Neither for ought appears in old moniments of credit till neer the end of this first four hundred yeers was any paiment to the Church of any tenth part as a Tenth at all in vse II. But some Laws of this time yet remaine which shew that Tenths out of Mines and of Quarries were paid both to the Emperor and to the Lord of the soile as in the ancient state of Rome the Tenants of the Lands of the Empire paid for Rent the Tenth of their Corne whence the Publicans that hired it as the Customers doe here the Kings custome were called Decumani those Laws for the tenths of Mines
this time that of S. Gregorie where he admonishes the hallowing of Lent consisting of six weeks out of which the Sundayes being taken XXXVI dayes remain for the Tenth part of the yeer fractions of dayes omitted this Tenth of time he would haue vs giue to God vt in lege iubemur as his words are Domino Decimam rerum dare V. Some Canons both Pontificiall and Synodall made for the right and paiment of Tithes are attributed to the ages that fall about the midle of this time But I haue not obserud aboue one that is of any credit as referd hither neither was that euer receiud into the bodie or any old Code of the Canons That one is Prouinciall and made in the yeer D.LXXXVI in the Councell of Mascon a Bishoprique in the Diocesse of Lions where all the Bishops of King Guntherams Kingdom being present speak of reforming Ecclesiasticall customs according to an ancient example and then begin with Leges Diuinae consulentes Sacerdotibus ac Ministris Ecclesiarum pro haereditaria portione omni populo praecaeperunt Decimas fructuum suorum locis sacris praestare vt nullo labore impediti per res illegitimas spiritualibus possint vacare Ministerijs quas leges Christianorum congeries longis temporibus custodiuit intemeratas Vnde statuimus vt Decimas Ecclesiasticas omnis populus inferat quibus Sacerdotes aut in pauperum vsum aut in captiuorum redemptionem erogatis suis orationibus pacem populo ac salutem impetrent Here is no small testimonie aswell of ancient Practice in paying of them as of great Opinion for their being due But although the whole Councell hath to this day remaind with the subscriptions of the Bishops to it yet whateuer the cause was not so much as any Canon of it is found mentioned as of receiud authoritie in any of the more ancient Compilers of Synodall decrees notwithstanding that the fullest of them I meane Isidore liud long after this Councell held and hath some other Synods of the Continent of France as of Orleans of Arles of Agatha But this he mentions not The first that published it was Frier Crab in his Edition of the Councels vnder Charles the fift Yet also in some that collected the Canons since Isidore Decrees of elder time then that is are to this purpose spoken of as you may see in Iuo at the end of a Decretall of Gelasius that was Pope in the yeer CCCC XCII where these words are annext Decimas iusto ordine non tantum nobis sed maioribus nostris visum est plebibus tantum vbi sacrosancta dantur baptismata deberi This stands continued with the rest of Gelasius in the print But in an old and very fair Copie neer as ancient as Iuo remaining in the Librarie at Pauls these words begin with a coloured capitall as a seuerall Paragraph and indeed are not Gelasius his but Pope Leo's the fourth who liued aboue CCC.L. yeers after that appears plainly out of the Epistle of Gelasius whereto they are annext which Gratian hath in all sauing this according to Iuo yet cites this passage in another place by it selfe out of that Leo from whom also 't is likewise taken by Anselm and Gregorius Presbyter who haue in their collections the rest of Gelasius his Epistle according to Iuo as it is noted to the Text publisht by command of Gregory the thirteenth And in those Decrees of Gelasius that are extant touching the Church-treasurie or reuenue no mention is of other then of redditus Ecclesiae oblationes fidelium A like falshood is committed by them that attribute a Prouinciall Constitution touching the distribution of Tithes amongst the Bishops and inferior Ministers to the first Councell of Orleans held in the yeer D.VII. and that by finding som words to this purpose added to a Canon which in the printed Iuo hath a marginall reference to some Councell of Orleans It is most certain that the first Councel of Orleans hath no word of Tithes in it but speaks of the distribution only of such things as in Altario oblatione fidelium conferuntur and possessions of other like kind of Church-lands and according to that Burchard and Gratian cite it who haue also those words that Iuo there hath excepting only that of Tithes And some other Prouincials of the same place and age to the same purpose speake afterward of oblationes facultates but not a word of Tithes All which shews plainly that no such matter was euer in the first Councell of Orleans The truth is also that Iuo himself cites it not out of any Councell of Orleans but from I know not what Councell of Toledo as his Ms. copie is and as it is truly publisht in the printed book all that directs to the Councell of Orleans there being only the marginall note of du Molin a Canonist of Louain that set it forth But neither any of Orleans or Toledo hath it all as he relates it The truth is that Canon of his is made vp out of two Councels indeed the first of Orleans and the ninth of Toledo and agrees well with both sauing for so much as is expresly spoken of Tithes That which in those two had been ordaind for Offerings and other reuenues of the Church he not vnfitly applies to Tithes being a more known part of that reuenue in his time and thither draws also an old Councell of Rome as if it had spoken expresly of them writes all in no other syllables then Burchard had before deliuered with a like title of ex Concilio Toletano But this excuses not those which make the words of such a collection out of two or three old Councels applied to a later time to go for a Canon of any one of them Many such are occuring in Burchard and Iuo epecially and some in Gratian which are noted vpon their credits and in some editions placed in the times to which they attribute them licet forsan falso tali sint Pontifici vel certè tali Concilio per scriptorum incuriam adscripti as Frier Crab well admonishes A like falshood is in attributing out of the same Iuo an expresse Canon for the payment of first Fruits and Tenths to the Prouinciall Synod of Siuill held in the yeer D.CX. in these words Omnes primitias Decimas tam de pecoribus quà m de frugibus diues simul pauper Ecclesijs suis rectè offerant and a litle after Omnis rusticus artifex quisque de negotio iustam Decimationem faciat and then Si quis autem haec omnia non Decimauerit praedo Dei est fur latro maledicta quae intulit Dominus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Cain non recte diuidenti congeruntur There is litle reason to doubt but that the reference of that Canon in him to that Councell of Siuill is false The Councell of that yeer and place is
the Appropriations then vsed cannot be vnderstood Briefly therefore for Parish Churches it is plain that as Metropolitique Sees Patriarchats Exarchats also in the Eastern Church and Bishopriques those greater dignities were most vsually at first ordaind and limited according to the distinction of seats of gouernment and inferior Cities tha had been assigned to the Substituts or Vicarij of the Prefecti-praetorio or Vice-Royes of the East and West Empire so were Parishes appointed and deuided to seuerall Ministers within the Ecclesiastique rule of those dignities according to the conueniences of Country Towns and Villages one or more or lesse of such as being but small Territories might not by the Canons be Bishopriques to a Parish the word Paroecia or Parish at first denoting a whole Bishoprique which is but as a great Parish and signifying no otherwise then Diocese but afterward being confined to what our common language restrains it The Curats of those Parishes were such as the Bishop appointed vnder him to haue care of soules in them and those are they which the old Greek Councels call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is Prebyteri Parochiani within the Bishoprique neyther were the Chorepiscopi much different from them These had their Parishes assigned them and in the Churches where they kept their Cure the offerings of deuout Christians were receiued and disposed of in maintenance of the Clergie and reliefe of distressed Christians by the Oeconomi Deacons or other Officers thereto appointed vnder the Bishop Neither had those Parochiall Priests at first such a particular interest in the profits receiued in Oblations as of later time All that was receiued wheresoeuer in the Bishoprique was as a common Treasury to bee so dispensed One part was allowd to the maintenance of the Ministerie out of which euery Parochiall Minister had his salary according to the monthly pay spoken of in the first CCCC yeers another to the reliefe of the poor sicke and strangers a third to the reparation of Churches and a fourth to the Bishop so it appears by the ancient Canons if we may at least herein coniecture of the vse of the time by what they haue ordained And it is like enough to haue been no otherwise so long as these Parochiall functions were so personall that they were not as now so annext to foundations and endowments but rather exercised as by messengers sent from the Bishops who had no such reference to Lay-Patrons as they that afterward came in vpon Inuestiture or Presentment haue had but only were protected by some appointed by the State for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Defensores of the Church as they called them the name of Defensores being in the primitiue time for this and other purposes giuen to such Protectors 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in regard of their assistance and helpe to such as sufferd iniury as Iustinians words are And in the first ordination of this Hierarchie of Bishops and Parochiall Priests it seemes in some Lands wherewith the Bishoprique was endowed the Churches were erected in which the Bishop had a kind of right of aduowson who taking on him the generall care of his Diocese ordained Incumbents in euery of them and the oblations there receiud were of the Churches common treasure and so to be diuided and disposed of quadripartitly But that quadripartit diuision was chiefly in the Diocese of Rome For by some Canons of the French Spanish and some other Churches it was tripartit and had other differences But all this in the primitiue times and from the first establishing of Christianitie by a disposition of the Hierarchie till about D. yeers from Christ it seemes it continued and such kind of Parishes only were those spoken of in that Epistle of Pope Denis the I. about CCLX if at least that Epistle be not a fiction if it be then our Canonists doe ill to vse it at all if not then plainly they abuse it where they pretend in it an originall of such kind of Parishes as since for the most part haue had their beginning from lay-foundations But not long after such time as lay men began to build and endow Parish-Oratories or Churches in their Lordships and in them place or inuest Chaplaines ordaind that is made Priests by the Bishop but not instituted by Presentation as at this day that might receiue the offerings of such as repayred thither for holy seruice that former kind of making a common treasurie in euery Diocese was discontinued and the Chaplaine or Incumbent acknowledging the Lord of his Churches Territory for Patron not much otherwise then as in the ancienter course euery Parochiall Priest did the Bishop that collated to him receiued now the profits that rose out of Christian deuotion to a particular vse of his owne Church the Canons neuerthelesse sauing the fourth part to the Bishop For that Episcopall right grew afterward to bee so established by the receiud Canon Law that till this day where prescription of XL. yeers excludes not the fourth part of all Oblations and Tithes are by it due to the Bishop and some Canonists make it as a duty succeeding in lieu or proportion to the Tenth of the Tenth that was payd by the Leuits to their Priests But howeuer the Canons were in which also it had beene often constituted that euery Church and the profits thereof should be subiect to the Bishops disposition as to the only immediat superior and in some that the founder should be vtterly excluded from all interest yet diuers lay-Patrons in those elder times had or at least challenged in the Oblations receiud from Christian deuotion in their Churches an interest somewhat like to what more anciently the Bishop had in the offerings made at the Churches wherein hee only placed the Ministers Whence the erecting of Churches became amongst some to bee rather gainfull then deuout for the Patron would arbitrarily diuide to the Incumbent and take the rest to his own vse This is manifested in the II. Councell of Bracara held about D.LXX. where a Canon forbids the consecration of Churches built not pro sanctorum patrocinio but sub tributaria conditione as the vse was of some places that is to the end that the lay-founder might haue halfe or other part of the Oblations Si quis are the words Basilicam non pro deuotione fidei sed pro quaestu cupiditatis aedificat vt quicquid ibi de oblatione populi colligitur medium cum Clericis diuidat eo quod Basilicam in terra sua quaestus causa condiderit quod in aliquibus locis vsque modo dicitur fieri Hoc ergo de caetero c. And such a practice is titled a custom of the ancient times in an Epistle attributed to to Pope Damasus And in the IX Councell of Toledo about the yeer DC.LX. Lay-Patrons are forbidden
draw it to a different sense and oppose it against the right of all feudall Tithes being ancienter then the Councell and since passed ouer into Lay hands And whereas they commonly suppose that all these ancient feudall Tithes were at first spirituall and transferred from Church-men at the request of Princes into Lay hands and since wrongfully detained surely it is an error neither is there any ancient warrant sufficient for it many of them were doubtlesse created by Lay mens Grants as Rents-charge Estouers Turbaries and the like are Who can doubt of it that obserues but alone this Canon Prohibemus Whence also may be strongly inferd that the greater number of Infeudations were through Grants made by Lay men to Lay men as Consecrations were at their pleasure made to Churches for what is there only forbidden by the Councell may be thought the greatest and most preiudiciall practice of the time against the profit of the Clergie Neither is any prouision there made against the other kind of Infeudations which passe Tithes from Church-men And although the words Ecclesiae non reddiderit in the Canon and in the bodie of the same Councell in Roger of Houeden seeme to suppose as if it had been made for such Tithes as had been taken from the Church yet indeed the truer reading is tradiderit as appears in the bodie of that Councell first fully publisht out of the Vatican in the last Tome of the Generall Councells printed at Rome by command of the present Pope Paul the fift wherewith agrees other Editions but of lesse authoritie And perhaps also some old Infeodations were made by Lay Patrons in the vacancie of their Churches by the same challenged right as they alone made Appropriations For as by our common Law the Patron and the Bishop may in the time of vacancie dispose of the Endowments as by the Canon Law also if the Chapters consent or the Popes be had so in those elder times vpon equall reason when the Patron had the only disposition and interest of the Church as is alreadie shewd he alone sometimes granted any part at his choise it seems to Lay or Clergie men Why not any part as well as all And that Patrons granted whole Churches into Lay hands appears by diuers passages in Flodoards Rhemish historie by that before cited out of Damian and by the generall Councell of Lateran vnder Innocent the second where it is ordained that they should be restored from the Lay men to the disposition of the Bishops And an example is extant among the Records of the Monasterie of Egmond in Holland wherein Charles King of France who is commonly therein taken for Charles the Bald but Douza thinks it to be rather Charles the Simple and made about D.CCCC. and is thereto perswaded by Synchronisme the best triall of such truths recites that Hagano one of his Nobles humbly requested of him for Thierry the first Earle of Holland quasdam res Ecclesiam videlicet Hecmunde cum omnibus ad eam iure pertinentibus à loco qui dicitur Zwtherdes Haghe vsque ad Fortrapa Kinnâ—m c. Which by patent hee grants him in fee vt libere haec omnia teneat atque possideat habeat que de his potestatem iuxta libitum suum ordinandi seu saciendi If the Church it selfe of Egmund the Parish Church for it was then no Abbey but afterward made one by that Thierry passed not by this patent into Lay hands I sufficiently vnderstand it not neither is it spoken of but as what might according to the vse of that time be cleerly made a Lay fee. Through these kind of Grants practiced both by Lay Clergie men Princes and priuat persons the ancient Infeodations of Tithes had their originall as well as by Leases from the Church and not by imposition of Tenths by Princes as some haue ignorantly coniectured although also it be certaine that Princes sometimes ioyned with the Bishops to bring in the payment of Tithes that thereby themselues might haue beneficiall Infeodations of them from the Church But as Princes made Infeodations out of their owne Demesnes or their owne Churches so other priuat Lay Persons And the Clergie sometimes of Tithes alreadie vested in them and sometimes it seems out of their Demesnes And perhaps especially religious persons exempted from payment by Bulls made some out of their owne Demesnes as may be coniectured out of a Decree of Pope Alexander the fourth that speaks particularly of Infeodations made à religiosis exemptis alijs And for example of Tithes alreadie possessed and thus granted by the Church you may specially see that of Engelbert Count of Goritz who had an Infeodation anciently from the Church of Trieste in the Patriarchat of Aquilegia and Henrie Count of Ratzenbourg had an Infeodation of all the Tithes which were paid to the Church in his Territorie from the Bishop of Oldenbourg so one Hildeward had one in the Diocese of Hamborough and surrenderd it to Baldwin Archbishop there about M.C.LXXIV But examples of them were very many the dissike whereof was one speciall cause pretended by those of the Deserts of Wagria in Holst about M.C.LXX. why they would pay no Tithes Praeterea sayes Krantzius hoc adiecerunt non multùm a veritate aberrantes quòd omnes paenè Decimae in luxus cesserint hominum saecularium To these testimonies of Lay mens arbitrarie detaining disposing or receiuing of Tithes in those elder ages you may adde Bernardus Morlanensis an English Monke of Clugny about King Stephen his complaint of non-payment to the Clergie thus speaks he in his affected forme of Verses Rusticus hordea mittit in horrea farra recondit Horrea grandia vasa capacia multaque condit Nec pecus aut sata dante Deo data vult Decimare Nec sacra portio nec Decimatio redditur arae V. The like libertie as Lay men had enioied in not subiecting themselues to the payment of Tithes according to the Laws of the Church but bestowing or retaining them at their own wills in most places euen from the beginning of Christianitie vntill about the yeer M.CC. was another way purchased for some time by religious houses so to discharge themselues of censure of the Canons and that by Exemptions or Papall priuilege For howeuer the Laitie iustified themselues by their secular right admitting of Canons that toucht their estates but as they saw cause in their own iudgments yet Religious persons who were alwayes of the Pontificiall side and reckond in the Catalogue of the Clergie and possessed diuers large Territories durst not so oppose what was ordaind either by decree at Rome or in Synods Generall or Prouinciall Therefore when from the beginning of this Age both Doctrine and Canons of which more presently had made the dutie of Tithes of a known right among the Clergie Clergie men became somwhat strict obseruers of the payment as you see plainly in that before
proposed by the VIII persons chosen to begin a new body of Canon Law for England in 5. Ed. 6. according to the first purpose of the Statut of 25. Hen. 8. cap. 19. which was seconded also by the Statut of 3 and 4. Ed. 6. cap. 11. whereby XXXII persons assigned by the King should haue made it neither were those VIII to haue giuen sufficient autoritie to it according to those Statuts without approbation of XXXII afterward that should haue censurd their reformation The VIII were Thomas Cranmer Archbishop of Canterburie Thomas Bishop of Elie Richard Cox the Kings Almosner and Peter Martyr Doctors of Diuinitie William May and Rouland Tailor Doctors of Law and Iohn Lucas and Richard Gooderik Esquires In what they proposed is found a constitution in the Kings name that all predial tithes should be paid in kind to the Ministerie integrè expletè with an exception of timber Trees of XX. yeers growth as also of the profits of Milles of Turbaries Cole-mines Quarries of stone and all other of like kind Of all Agistments also Tithes are there paiable and of the encrease of all kind of beasts wild and tame of fish of butter cheese milk wool wax and the Statut of 2. and 3. Ed. 6. for Tithes is there receiud for so much of it as is not against a generall paiment which they would haue had ordaind But these as the rest in the Volume with them were only intended for Laws but neuer had sufficient autoritie or confirmation The intent was first that those Canon Laws only which according to the purpose of the two Statuts of Hen. 8. and Ed. 6. should be compiled might haue autoritie in the Vniuersities and force in practice but so that there might still be praeseruatio legum nostrarum communium in suo vigore remanentium as the words are in the Patent of Ed. 6. that authorizes the VIII persons to consult about them For our Laws of Tithing either made or desired thus much But before we speak of the Practice it is requisit that we enter into some disquisition touching Parishes or Parochiall right according wherto at this day from ancient time the paiment of Tithes is regularly performed CAP. IX I. Of Parishes in the Primitiue Church of the Britons II. Parishes in the Primitiue Church of the English Saxons first limited only in regard of the Ministers function not of Parochiall profits all the profits of euery whole Diocese first made a common treasure to be disposed of by the Bishop and his Clergie of the same Diocese Residence of the Bishop and Clergie in those times The great regard then had to euery Clergie man III. Of diuision of our Parishes whether Honorius Archbishop of Canterburie first deuided them Parochia or Paroecia diuersly taken IV. Lay-foundations of Parish Churches from whence chiefly came Parochial limits in regard of the profits receiud to the singular vse of the Incumbents Limitation of Tithes by K. Edgar to the Mother Parish Church or Monasterie Monasteries preferd before other Churches for buriall Mortuaries Minstre a third part of Tithes according to K. Edgars Law must be giuen to a new-built Church that had right of Sepulture by the Founder Sepultura and Baptisterium Capella Parochialis a Parish commanded to be made out of another that was too large by the Pope one Parish ioind to another by the King IN consideration of our Parish Churches and Parochiall limits the times of the Britons first then of the English-Saxons and foreward are to be thought of that is the elder times of their Christianitie I. For the Britons litle or no Testimonie of credit is extant that discouers the Ecclesiasticall policie vsed by them in their primitiue times or declares the possessions of their Hierarchie And we omit here wholy what might be collected out of that fabulous tale of Augustine preaching at Cometon in Oxfordshire whereof more in the next Chapter Although K. Lucius had instituted XXVIII Bishops and III. Archbishops as the British storie tells vs yet how in those Dioceses any distinct Parishes were appears not expresly But we may very well think that such kind of Parishes only were in those Bishopriques as we haue alreadie shewd to haue been in the Primitiue Church elswhere neither is it likely that in those times the custom of this Island therein should differ from what was euen vniformly receiud through those parts of Christendom wherof we haue best testimonie remaining But if all ancient autoritie were of credit Parish Churches expresly mentiond of about the time of CCCCXC and endowd as at this day might be found among the Britons For when Dubritius was made Archbishop of Southwales which they called Dextralis Britannia and his See appointed at Landaff vnder Mouris Prince of that Wales diuers Churches with their endowments of Tithes Oblations and other profits were appropriated to him and his successors by the relation of an old Autor Propter sanctitatem suam are his words praedicationem praeclaram Beati Pastoris regalem parentelam suam plures Ecclesiae cum suis dotibus Decimis oblationibus sepulturis Territorijs libera communione eorum datae sunt sibi successoribus suis omnibus à Regibus Principibus totius regni Dextralis Britanniae and then Videns autem sanctus Dubritius Largifluam potentum manum erga sibi comissam Ecclesiam partitus est discipulos mittens quosquam discipulorum suorum per Ecclesias sibi datas quasdam fundauit Ecclesias Episcopos per dextralem Britanniam coadiutores sibi ordinatis Parochijs suis consecrauit But this Autor wrote not before about the beginning of the last CCCC yeers from Christ and spake of these things in the phrase of his own time the hand and context and their relations in him iustifie it he talks you see of Churches endowd and appropriated and founded as if he meant no other then such as now are conueiable by Patrons and Ordinaries in the course of appropriations vsed in later ages and filled with Incumbents that had in them like estates and particular interest in the profits as Parsons at this day indeed that in those times Churches were built here no doubt can be made neither is it to be conceiud how Christianitie could he in any Nation much ancienter if generally receiud or by any number then Churches or some conuenient Houses or other places in the nature of Churches appointed for the exercise of deuotion and expresse mention is of a Church built here in the time of the Romans to the honor of S. Martin in which Augustin and his followers when they came first from Rome made their holy assemblies and others also they repaired and saies Gildas of the Clergie of his time that is about D.LXXX Ecclesiae domê° habentes sed turpis lucri gratia eas adeuntes But I ghesse that vnder Dubritiê° few or no parish Churches were otherwise erected then for conuenient places for such Ministers as the
Willielmo de Petrep Adam de Puninges Guidone de Mercecurt Willielmo filio suo Willielmo de Droseio The intent of this was to setle the Tithes of all his reuenues wheresoeuer through England in the Priorie in kind of his demesnes in mony of his Rents neither did he grant only the Tithe of what he then was seised of but of all future purchase also and improuements that liuerie of seisin as it were made vpon the Altar by the Haire of the head both of the Grantor and of his brother is not without other example of those ancient times wherin both Tithes and other possessions were solemnly consecrated either by haire or a horn or a cup or a knife or a candlestick or whateuer that might really be deliuered on the Altar For the forme of conueiance in perpetuall right both to the Church and Laitie was to giue into the hands of the Grantee or Feoffee some such thing as at this day a Twig or a Turff is in feoffments or as in Institutions according to the Formularie of the Court of Rome a Ring is to be giuen and the Altar was vsually made the place of such a liuerie But in the examples of cutting the haire especially in this where Henrie Bishop of Winchester doth it perhaps more was vnderstood then only a liuerie vpon the grant had it not also some reference to the ancient ceremonie of cutting the haire at a Confirmation which was vsually done by the Godfathers as may be collected out of that of Adreuald where he speaking of Charles Martell saies that Pepigit hic foedus cum Luitprando eique filium suum Pipinum misit vt more Christianorum fidelium eius capillum primus attonderet ac pater illi spiritualis existeret I dare affirm nothing with confidence herein But it is specially obseruable that this Charter of the Earle of Surrey was not it seems made without great aduice as well as testimonie both of Clergie and Laymen wherto you may adde the iudgement of Theobald Archbishop of Canterburie in his reprehension of Ala Countesse dowager of Warren and Surrey for not payment of the Tithes of her dowrie according to the Grants of the Ancestors of her husband The original of the admonition to her speaks thus T. Dei gratia Cantuariensis Archiepiscopus Anglorum primas Apostolicae sedis Legatus Dilectae filiae suae Alae Comitissae Warennae salutem peruenit ad aures nostras religiosorum fratrum Lewensis Ecclesiae Monachorum stupenda querimonia quam cum ipsi ex antiqua donatione Comitum Warrennae videlicet Aui patris Willielmi viri tui sui ipsius etiam antequam Dotem tuam consecuta fuisses de omnibus Dominijs Comitis Decimationem Denariorum semper inconcusse tanquam Ecclesiae suae dotem possederint tu post perceptam dotis tuae inuestituram eiusdem fratribus ipsam Decimationem quae ad Dotem tuam spectabat subtraxeris Quod si ita est vehementèr admiramur cum eorum quae Deo Ecclesiae suae in eleëmosynam collata esse noscuntur nihil doti tuae vendicare debeas nec possis Crudelen est sacrilegio proximum quod super diuinum Altare semel deuote oblatum est iterùm repetere ad secularia transferre proindè tibi salubritèr consulimus in Domino admonemus quatenus sicut vis ius tuum tibi à Deo liberè conseruari ita ius suum cum integritate Monachis relinquas nullatenus datam eis denariorum decimationem dotis tuae retineas alioquin eis in iustitia deesse non poterimus cuius debitores omnibus existimê° Although he speaks only of the Decimatio denariorum yet in regard that he mentions it with de omnibus Dominijs Comitis it cannot be well vnderstood otherwise then of all the Tithes of the Earles possessions according to the former grant Richard de Muchegros about King Iohns time confirms to the Abbey of Persore two parts of the Tithes which was wont to be paid to it out of his land of Wlhaueshulle tam bladi quam lini faeni exceptis linis Curtilagij mei de Dominico meo de Wlhaueshulle as also the third part of the Tithes of his Tenants there and further grants them Duas partes decimarum bladi de omnibus assartis meis ibidem de nouo factis de omnibus assartis per me vel per haeredes meos in posterum faciendis c. this is sealed the seale is circumscribed with ✚ S. Richardi de Wlhaueshule W. Prior of Lewes in Sussex giues in 44. Hen. 3. foreuer to the Priorie of Southwark Decimas quas habuimus de Dominico Henrici de Holeghe apud Reygate reseruing yeerly two shillings and six pence to be paid for them to the Sacristein of the Priorie of Lewes How could this Tithe haue been in the Prior of Lewes to haue granted without a precedent consecration from Holeghe or some other from whom he had deriud his estate Willielmus Dei gratia Wintoniensis Episcopus Stephano Archidiacono omni Clero Surreiae Baronibus saluâ—em benedictionem Notum sit vobis quod Siwarduâ— de Ealdestede venit me praesente ad Sudwerchiam ibique super Altare diuina praeuentus gratia obtulit Decimam de Hludebrake Deo eiiusdem genitrici Virgini Mariae Canonicis ibidem Deo seruientibus perpetualitèr hoc meo consensu Quare iubeo ex parte Dei mea ne quis eam retineat vel ab eadem loco auferat vel possidentes illam perturbet Si quis vero citra hoc praeceptum quicquam inde facere praesumpserit perpetuo anathemate feriatur Cuius rei testes isti sunt Henricus de Twin Stephanus Archidiaconus Liuingus de Coleces Canonicus Rogerus Canonicus Helias Dapifer Iohannes Capellanê° Richerius Vitalis de Wicford Gozo Clericus de Micheam Oswardus Monetarius Walchelinus This was in the time of Henrie the first VVilliam Giffard being then Bishop of Winchester the seale remains to it VVillielmo Dei gratia Norwicensi Episcopo Archidiaconisque suis de Sudfolc omnibusque sanctae Matris Ecclesiae filijs Galfriduâ— filius Roberti vxor sua Anneis in Domino salutem sciatis nos concessisse Ecclesiae Apostolorum Petri Pauli de Gipeswico Canonicis Regularibus ibidem Deo seruientibus in perpetuâ â—lcëmosynâ Decimam molendini de Hagenford scilicet VIII solidos annuâ—â—im duos ad Natiuitatem Domini duos ad Pascha duos ad festiuitatem S. Iohannis duos ad festiuitatem Sancti Michaelis dimidiam marcam argenti de Fachendune Decimam foeni omnia quae habent infra villam de Broches extra ad eam pertinentia tam in terris quam in Decimis redditibus in omnibus libertatibus datis praedictis Ecclesiae à praedecessoribus parentibus nostris c. Vnder King Stephen it was made and hath a seale annext Out of an Originall Charter of K. Stephens made to
of the time was very exceeding in offerings But for Constitutions of this age lest we should seeme to omit any thing that beares the name of one although meerly supposititious we shall here adde more to that cited in the 4. § out of the old Clementines attributed to the Apostles but all will be of equall credit and were it not for the inequalitie of Readers none of it indeed deserued a place here In those Clementines a further command is to giue all thy Tithes to the Orphan to the Widow to the Poore and to the Stranger And afterward some Constitutions attributed to S. Matthew are inserted wherein first is ordained the formall consecration of Oile and Water that may haue power to heale sicke men to cast out Deuills and the like with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is I Matthew ordaine and then 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is I further ordain that all first fruits be brought to to the Bishop and to the Priests and to the Deacons for their maintenance and that all Tithes be offered for the maintenance of the rest of the Clergie and of Virgins and of Widowes and of poore People but here is no command of Tithes to be giuen to the Priests for their vse but only for maintenance of the lesse Orders of the Clergie and of the Poor and therein these Constitutions still agree with themselues But for the autoritie of them take the iudgement of our Church and I think you shall haue a generall consent in this that they are not of neer the Apostles time but counterfaits of far later age and great men in the Church of Rome account them no otherwise howsoeuer Turrian that first publisht them in Greek out of three old copies as he saies would needs perswade the World that they are genuine Apostolique and collected by Pope Clement the first But I would then he had also perswaded vs that the Apostles had taught that the Birth of our Sauiour or Christmas day was to be celebrated on the XXV day of December as in this suspisititious Clement is affirmed The learned know that vntill about CCCC yeers after Christ that is till S. Chrysostomes time that day was not setled but variously obserued in the Easterne Church which should haue had speciall notice of the Apostolique Canons and S. Chrysostome then learned the time of the XXV of December which yet most thinke not to be the exact time from the Western or Latine Church It is likely that till then the Apostles Constitutions had slept Besides we see that Dionysius that great Patriarch of Alexandria although those of his See and himselfe were most curious in the determinations of Ecclesiastique times could not find whence cleerly to resolue that question to Basilides Bishop of Pentapolis 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is At what houre after the last Saterday of Lent they should leaue of that strictnesse of Fasting in ioy of the Resurrection or at what houre of Easter day or the feast of the Resurrection should begin Basilides tells him some think at the Cocks-crowing towards the morning some at the Sater-day euening and Dionysius acknowledges that difference in vse But to set a certain houre of it he answers him is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is both hard and without sufficient ground and then falls to examine it by the holy Historie of the time of the Resurrection But had these Constitutions beene then in autoritie cleerly Dionysius might soon haue resolud the question for in them it is determined that this strict fasting should be kept but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is vntill the time of Cock-crowing This learned Patriarch his Greek Epistle neuer yet publisht in Greek with Balsamon vpon him was communicated to me by that most learned and courteous Mr. Patrik Yong in the rest of Balsamon Ms. liued about CC. yeers after the supposed time of the collection of these Constitutions and surely had vsed them if they had then at all been and deserued credit and who would haue made a controuersie about the holding of Easter that had in those elder times found it so established as it is in those Constitutions But it is not difficult to coniecture out of what kind of shop they came if you but note the supremacie of all power so arrogated in them to the Clergie the Autors of them command that Priests be honord as Kings and haue tribute paid them as Kings and are so bold as to apply that in Samuel touching what a King would do in taking from his Subiects to the power of Bishops as if they should do so and they affirm it as much more reasonable that Bishops should do so and ordain also with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is We constitut the like wholly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is touching Bishops as there they say is ordaind 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is touching Kings which well agrees also with their reckoning vp of the ten Commandements and making the Tenth to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is Thou shall not appear emptie before the Priest He that made these words to fill the place of one of the ten Commandements seems not to talk like one of the Apostles A thousand things more might be found to disproue the autority that some attribute to these Canons and the answer to Turrians reasons for maintenance of them are obuious enough For my part I think confidently that most of them if not all are hardly M. yeers old and therefore no sufficient cause is why they should haue place of credit in any part of our Diuision as they bear the name of Canons or Constitutions For if they were in truth made so long after those whose names giue them all their autoritie they are all one for Constitutions to be relied on as if they had been but of yesterday I only toucht part of them in this first CCCC yeers as they were in the Latin the Greek being neither then by me nor much materiall although some passages in other translations and to this purpose if not examind by the Greek may soon deceiue a Reader of too readie a faith For one of those other Canons attributed also to the Apostles as Autors and to this Clement as Collector is translated Aliorum Decimae primitiaeue fructuum omnium mittantur Episcopo ac Presbyteris non super Altare the Greek that is turnd and set by the Latin in the same Volume hauing not a syllable of Tithes but speaks only thus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is Let all other fruit being first fruits be sent home to the Bishop and to the Priests but not brought to the Altar the meaning being that only first fruits of new grapes before Vintage-time or of yong herbs fit to be eaten or such like comprehended vnder the words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the next Canon before should be brought to the Church and so
to the pore and to keepe hospitalitie as the writings of the gifts of such Parsonages and Lands do plainly declare in these Words in puram eleemosynam And as touching the Almesse that they delt and the Hospitalitie that they kept euery man knoweth that many thousands were well receiued of them and might haue been better if they had not had so many grete mens Horse to fede and had not bene ouercharged with such idle Gentlemen as were neuer out of the Abbaies And if they had any Vicarage in their hands they set in sometime some sufficient Vicar though it were but seldome to Preach and to Teach But now that all the Abbaies with their lands goods and impropried Parsonages be in Temporall mens hands I do not here tell that one halpenie worth of Almes or any other profit cometh vnto the people of those Parishes Your pretence of putting down Abbeys was to amend that was amisse in them It was farre amisse that a great part of the lands of the Abbeys which were giuen to bring vp learned men that might be Preachers to keepe Hospitalitie and to giue Almesse to the poore should be spent vpon a few superstitious Monks which gaue not XL. pound in Almesse when they should haue giuen CC. It was amisse that the Monks should haue Parsonages in their hands and deale but the XX. part thereof to the Poore and preached but ones in a yeer to them that paid the Tithes of the Parsonages It was amisse that they scarcely among XX. set not one sufficient Vicar to preach for the Tithes that they receiued But see now how it that was amisse is amended for all the godly pretense It is amended euen as the Deuill amended his Dames legge as it is in the Prouerbe when he should haue set it right he brake it quite in pieces The Monks gaue to little Almesse and set vnable persons many time in their Benifices But now where XX. pound was geuen yerely to the Poore in more than in C. places in Ingland is not one meales meat giuen This is a feare amendement Where they had alwaies one or other Vicar that either preached or hyred some to preach now is there no Vicar at all but the Fermer is Vicar and Parson altogether and onely an old cast-away Monke or Frere which can scarcely say his Mattins is hyred for XX. or XXX shillings meat and drinke yea in some places for meat and drinke alone without any wages I know and not I alone but XX.M. moâ— know more than D. Vicarages and Parsonages thus well and Gospelly serued after the new Gospell of Ingland And so the Autor goes on with sharp Admonitions to the Lay men that fed themselues fat with the Tithes of such Churches while the soules of the Parishioners sufferd great famine for want of a fit Pastor that is for want of fit maintenance for him for without that he is scarce to be hoped for But we conclude with that of the Canon Laws getting such force and making such alteration in matter of Tithes about the yeer M.CC. when through it Parochiall payment became first to be performd here or elsewhere generally and as of common right where other titles preuented it not and through it only not through the ancienter secular Lawes made here for Tithes For the suits for them in the Spirituall Courts either were all grounded vpon the Canons or the common right of Tithes was now supposed in the Libell as a knowne dutie to the Clergie without secular Law It may soon be apprehended that it was much lesse difficult about that time then any other for the Popes and their Canon Laws to gaine more obedience among subiects and execute more autoritie ouer Lay possessions when also they so easily vsurpt power ouer supreme Princes which yeelded to them For no time euer was wherein any of them more insolently bare themselues in the Empire neuer neere so insolently in England as in the continuing times next before and neere about this change And to all States the Church of Rome now grew most formidable Remember but the Excommunication and Correcton sufferd by Frederique Barbarossa Henry the sixt and other Princes of the Empire and by our Henry the second and King Iohn the stories of them are obuious And our Richard the first betweene those two to gratifie the Clergie here for their exceeding liberalitie in contribution to his Ransome from Captiuitie with great fauour gaue them an indulgent Charter of their Liberties which being ioind with those other prone and yeelding Admissions of the Ecclesiastique Gouernment ouer the Crowne â—o were the times doubtlesse gaue no small autoritie to the Exercise of the Canon Law in those things which before about that time were diuersly otherwise Neither was that part of the Canon Law which would haue a Generall and Parochiall payment of Tithes not only second to any in regard of the Clergie's profit but also none other doubtlesse was so great as it in gaining the Clergie a Direct and certain Reuenue Therefore it was not without reason on their side at such time as they saw the Power of Rome that is the autoritie of Decretals and of the Canons grew most dreadfull to Prince and subiect that they should vrge this on to a continuing practice and that with execution of the raigning Censures of the Church Hence haue the Canons in this point hitherto here continued and haue been and are binding Ecclesiastique Lawes sauing wherein the later expresse Laws of the Kingdome crosse them And thus out of the qualitie of the time with regard to the practiced insolencie of the Pope and his Clergie in putting their Canons and Decretals in execution that receiud generall practice of Parochiall payment neere almost according to the Canons and other such alterations that suddenly varied from former vse and from the libertie of the Lay subiect must haue its originall not from any want of the Canons of the Church of Rome as if they had not been here at all had or read before about that time For doubtlesse the Canon Laws were here vsed and practiced as farre forth as the Clergie could make the Laitie subiect to them For about D. yeers before this alteration good testimonie is of the publique and solemne receiuing of the Codex Canonum vetus Ecclesiae Romanae mentioned by old Popes for the eldest and most authentique Bodie of the Canon Law of the Western Church and that in a Nationall Synod held in D. C.LXX vnder Theodore and Wilfrid Archbishops where with one voice the Clergie answered Theodore Optime omnibus placet quaecunque definierunt Sanctorum Canones patrum nos quoque omnes alacri animo libentissimè seruare quibus statim sayes Theodore pâ—otuli eundem librum Canonum c. But at that time there was no Law for Tithes or mention of them in the known Canon Law of the Church of Rome or in any other Prouinciall Canons sauing in that of the second Synod of