possible conversation or acquaintance is but in some plain simple English Book perhaps broken Statute Book or perhaps but some Abridgemement or Compendium Dispendium those excellent instruments of advancing ignorance and by help of little cost or pains inabling sluggards to know upon the matter as much as comes to just nothing build certainly and confidently upon this little as if it were All enough are resolute confident as if there were no more and if any thing be obtruded or questioned farther they bestow but their attention or wonder with 1 Act. 13 41. Habak 1. 5. Jewish incredulity they will not believe nay though a man tell it them Suspecting all that is beyond the narrow compass of their very short reach and not much caring if all other superfluities they esteem them so because they are not able to judge of them were buried in the pit of utter forgetfulness As little considering that their foundations have foundations and those yet again other and other and under and yet farther under and take away either or the advantage and stay of either the readiest way is taking to stir all to unsettle the firmest to tumble down the highest to leave order happiness peace and wealth buried under a heap of rubbish and the fair piles we now behold and enjoy even All the fruits of an orderly and advised disposition of things intombed under the scattered fragments of its own ruine and very confusion For old things are not to be cast away without possible inconveniences to new the foundations unseen are still a part of the fair building yea do support it and take away the lowest the next still sinks of any thing and by degrees All Even so take away the first settling Laws the under-praestructions whereupon things had their first settling composition and stay the rest totters and may expect ere long ruine in a State Particularly for tythes their fastest and most solid strength seems below in the old unseen acts of gift and first disposition the new can be never but a fair and presently useful declaration to set out uttermost to the sight of the world and as the paint that shines for people to gaze upon the strength of the wall and house both is in the inclosed materials and rocky foundation Yet because these are of great estimation with the multitude and ought indeed to be of some with All I shall not shun to give them intire in the opinion of the many enough to create a right if nought else were as if nought else were perhaps they might But as now things stand are so far from doing it effectually and onely that they do it not in any degree Any more then if a present Act should be made about Fines and Relieves the next age might think it gave the Lord that Right we know he enjoys already Or as a new Act about Quit-rents and Herriots should be mistaken to raise or warrant the things no man but knows had right before The most in addition any new order can doe being but to rectifie dispose or settle some new course about the things so due already that 't is that injury comes near a Theft to subtract or deny the just payment of them So the following later Statutes nor do nor can any more but to revive quicken and establish the ancient right of tythes extant and of long being before awaken mens dulness inforce their payment remove obstructions that have grown in by corruption with time and make that which is shine brighter and fairer by the fourbishing over of a new and fresh authority Their dueness being that these statutes did never intend to meddle with infringe further help nor hinder but they were what they were before and it were one of the most pitiful pieces of Ignorance befitting onely the Vulgar heard of unlettered Simplicians and deserving rather commiseration then the exercise of any of our manly passions to entertain a thought to or toward the contrary What! that these later Statutes created tythes Made them due Gave them that their abrogation should have a possibility of taking them away and what the service of God has to trust to by virtue of their promulgation This is such a shallow conceit is onely worthy the weak brains of the multitude where onely it possibly could be hatched or can be tolerated or indured no more excusable then if any should say Aristotles Astronomy gave the Sun a being in the Firmament or Charta Forrestae first set up Game or a present Law if it should dispose of did erect Parks and Chases or a new order about Escheats or Mortuaries the next mistaken Age might interpret to give them being and first beginning But to the words of the Statute which both in the beginning and progress have dueness of Tythes existent and then in being supposed and they are as followeth Forâ—smuch as divers numbers of evil disposed persons inhabited in sundry Counties Tythes shall be paid according to the Custoâ—e of the Parish c. Cities Towns and places of this Realm having no respect to their duties to Almighty God 27 Hen 8. cap. 20. but against Right and good Conscience have attempted to subtract and withhold in some places the whole and in some places great parts of their Tythes and Oblations as well personal as prediâ—l Due unto Almighty God and holy Church and pursuing such their detestable enormities and injuries have attempted in late time past to disobey contenm and despise the processe laws and decrées of the Ecclesiastical Courts of this Realm in more temerons and large manner then before this time hath béen séen For reformation of which said injuries and for unitie and peac to be preâ—erved amongst the Kings Subjects of this Realm our Soveraign Lord the King being Supreme Head in Earth under God of the Church of England willing the spiritual rights and duties of that Church to be preserved continued and maintained hath ordained and enacted by Authoritie of this present Parliament That every of his Subjects of this Realm of England Wales and Calais and the Marches of the same according to the Ecclesiastical Laws and Ordinances of his Church of England and after the laudable Usages and Customes of their Parish or other place where he dwelleth or occupieth shall yéeld and pay his Tythes and Offerings and other duties of holy Church and that for such subtractions of any of the said tythes offerings or other duties the Parson Vicar or Curate or other partie in that behalf grieved may by due processe of the Ecclesiastical Laws of the Church of England convent the person or persons so offending before his Ordinarie or other competent Iudge of this Realm having authoritie to hear and determine the right of tythes and also to compel the same person or persons so offending to do and yeeld their said duties in that behalf This was the Legislative part follows order in case of contumacy that the Ordinary or other
THE CIVIL RIGHT OF TYTHES WHEREIN Setting aside the Higher Plea of Jus Divinum from the Equity of the Leviticall Law or that of Nature for Sacred Services And the Certain apportioning of Enough by the Vndoubted Canon of the New Testament The Labourers of the Lords Vineyard of the Church of England are estated in their Quota pars of the TENTH or TYTHE per Legem terrae By Civil Sanction or THE LAW of the LAND Which being the foundation of All Civill Right Here must needs render their Spoliation Wrong the Taking or withholding as Injurious as of Any other MANS DVE Humbly represented to the Judicious and Pious Consideration of all Sober and advised Christians who fearing God and hating Covetousness have learned Christ fo far as To give every one His Own and would do no Wrong for Conscience sake By C. E. Mr of Arts. Quicquid enim jure possidetur injuriâ aufertur Quintil. Decimae autem EX DEBITO requiruntur qui eas dare noluerit RES ALIENAS invasit Augustin Serm. 219 de Tempore Render Therefore to All THEIR DUES Rom. 13. 7. Licensed and Allowed LONDON Printed by Tho. Newcomb for JOHN HOLDEN at the Anchor in the New-Exchange 1650. REVERENDISSIMO DOCTISSIMOQUE JACOBO USSERIO ARCHI-PRAESULI ARMACHANO PIETATE ERUDITIONE CAETERISQUE ANIMI VIRTUTIBUS MAXIME CONSPICUO DIATRIBAS HASCE SUAS DE. DECIMARUM APUD ANGLOS JURE NATIONALI ET POLITICO SUMMA OBSERVANTIA D. D. The CONTENTS  AN Introduction declaring the occasion scope and limits of the Whole with way Made to Sundry Propositions of CIVILL RIGHT in generall pa. 1. Chap. 1. Propos 1. That by the Law of Nature all was left at first in Community And this according to the Canon Civill and Our Common Laws not opposing the Law of God p. 9. Chap. 2. Propos 2. That yet Inclosures may be the Scripture approving and furthering p. 27 Chap. 3. Propos 3. That the Fence making out those Inclosures is Everywhere THE LAW p. 31 Chap. 4. Prop. 4. Which being manifold That in the world The Maker of Severals is The Law of Nature or Nations p. 37 Chap. 5. Prop. 5. In any Particular place The Law of That Nation p. 39 Chap. 6. Prop. 6. Individually with Us OUR LAW p. 41 Chap. 7. Here with us Three distinct titles made out for Tythes 1. Of Donation strengthned by Confirmation 2. Possession advantaged by Being Possessed for God 3. Praescription lengthned for through the space of many Praescription-Times with what Donation the first of them is p. 56 Chap. 8. The Donation in Kent of K. Ethelbert and his people and that it is genuine p. 62 Chap. 9. The Donation of K. Aelfwald in Northumberland and of K. Offa in Mercen-land p. 68 Chap. 10. The Donation of K. Aethelwlph of All who was over All. p. 70 Chap. 11. Henceforth needed but Confirmation and Memorials speak accordingly of not Giving but Paying what That is and Tradition superseded as of a Right p. 80 Chap. 12. The particular confirmations of K. Alfred K. Aethelstane and K. Edmond p. 82 Chap. 13. Of K. Edgar with sundry Ecclesiasticall Constitutions p. 84 Chap. 14. Of the Parliaments of Aenham and Habam p. 85 Chap. 15. Of the Danish Knoght in K. Edgars Law repeated p. 87 Chap. 16. Lastly of Edward the Confessour in his composition of the Common Law That work done by Him Whence he had his Materials with Recapitulation and Inforcement of all thus far to the Conquest p. 89 Chap. 17. Behither a partition of the strengths into four sorts 1. The allowance of K. Edwards Laws 2. Church-Constitutions 3. Impressions of the Secular State 4. Particular mens Votes As to the first what William 1. Will. 2. Hen. 1. Stephen of Bloys and K. John passed to make over these Laws into the Charters and that They were K. Edwards p. 99 Chap. 18. In Entrance to the Church remembred 1. That Tythes were under the Conquerour 2. Confirmed by Hen. the 1. 3. Owned in a Parliament at Westminster in 3. of the same Being come in The Patent of the Court-Christian represented with taking Tythes into that Jurisdiction likely by vertue thereof p. 110 Chap. 19. Laws or Canons made by the Church One under Will 1. Another under Wil. 2. Another at Windsore Another at London Two at Westminster Three Decretalls sent hither and to whom What force They had here and vertually the like of Then have yet More from R. Hoveden with Parochial Right settled by Authority from the Laterane Councel Two other Decretals sent in K. Johns time also of force But the chief strength is in the Provincials collected by W. Lindwood in Quoniam propter Quoniam audivimus Sancta Ecclesia Quia quidam c. p. 120 Chap. 20. The Canon of Sylva Coedua Strength of Church-Power to create Right where not restrained insinuated by the Statute of 45 Edw. 3. 3. against the Excess of that Power The Proceedings in the Court-Christian to Recover these Rights What was intended by the Stat. of 25 Hen. 8. 19. about Reforming the Canons What was done The Canons to this purpose Given Till these be authorised All Former in force as by the Proviso of that Statute p. 137 Chap. 21. Among Seculars the firm Rooting Tythes have in the Great Charter The solemn Ratification and due Great esteem thereof with address by Apostrophe to those are against them that they keep but fast here and This will settle Tythes Their Redargution else from their own Principles and a Christian admonition to Constant Equall and Just dealing p. 148 Chap. 22. The Statutes of Regia Prohibitio under Hen. 3. Of Circumspectè agatis and Consultations under Edw. 1. Articuli Cleri under Edw. 2. Four more under Edw. 3. Divers under R. 2. and Hen. 4. All but the Exempted now paid and Who were Exempted p. 162 Chap. 23. Vnder Hen. S. Wary and just proceedings as to this matter The preservation of Tythes when what next was Cast away The Need of Temporals for Divine Service Two Statutes by Consequent establishing them sc 24 Hen. 8. chap. 12. 25 Hen. 8. chap. 19. and Two more purposely sc 27 Hen. 8. chap. 20. 32 Hen. 8. chap. 7. p. 177 Chap. 24. The last and most vigorous under Edw. 6. p. 192 Chap. 25. An Examination of the Lo. Cooks assertion occasioned by his Comments thereon That Tythes were taken into Church-Cognizance by some old Statutes as about Edw. 1. time And that Not from nine alledged probabilities p. 198 Chap. 26. By occasion of the mention of them in that Statute The More ancient dueness of Personal Tythes laid forth With the Laws in force for them before the Statute p. 205 Chap. 27. The grant of the Petition of Right a Concession of All. That None are Burdensome because laid on by Law Application to those that Plead this Petition that if they understand it It Cannot be Against but Must be For them because they were at the time of that grant A Right p.
sole Monarch which ever since through ages hath to this present remained These things prepared as was said for the uniformity of any work to have its extent and operation upon All and being remembred makes way for that Donation which heed is Hire given under that name Other before may have had the substance but they had not the proper term this both name and thing under the title of Celebris illa Donatio Ethelwlphi Which what it was take information first from him that had a great hand in preserving the Common-law from the spoiles at the Conquest and lived neer those times Ingulphus The most noble King of the West-Saxons saith he Ethelwalph Inclytus Rex Westsaxonum Ethelwulphus cum de Roma ut limina Apostolorum Petri Pauli ac sanctissimum ipsum Leonem multa devotione una cum juniore filio suo Alfredo peregrè visitaverat noviter revertisset omnium praelatorum ac principium suorum qui sub ipso variis provinciis totius Angliae praeerant gratuito consensu tunc primo cum decimis omnium terrarum ac bonorum aliorum sive catallorum universam dotaverat Ecclesiam Anglicanam per suum Regium Chirographum confectum inde in hunc modum when he had returned from Rome visiting with his son Alfred the habitations of Peter and Paul c. by the willing assent of all his Prelates and chiefes that under him were over all the Provinces of England had then first indowed All the English-Church for some peices had been before but there wanted a Soveraing power or the union of the parts to extend this good work over All with the Tythes of All lands mark the extent again and other goods or cattles Regnante domino nostro in perpetuum dum in nostris temporibus per bellorum incendia direptiones opum nostrarum nee non vastantium crudelissimas hostium depraedationes barbararum paganarumque nationum multiplices tribulationes ad affligendum nos pro peccatis nostris usque ad internecionem tempora cernimus incumbere periculosa which he did by his Royal Patent thus Our Lord Christ raigning but we tossed up and down c. wherefore I Ethelwlph King of the West-Saxons with the advice of my Bishops and Princes Quamobrem ego Ethelvulphus Rex Westsaxonum cum consilio Episcoporum ac principum meorum consilium salubre ac uniforme remedium affirmantes consensimus ut aliquam portionem terrarum haereditariam antea possidentibus omnibus gradibus sive famulis famulabus Dei Deo servientibus sive laicis miseris semper decimam mansionem ubi minimum sit tum decimam partem omnium bonorum in libertatem perpetuam donari sanctae Ecclesiae dijudicavi ut sit tuta munita ab omnibus secularibus servitutibus imo regalibus tributis majoribus minoribus sive taxationibus quae nos dicimus Winterden sitque libera omnium rerum pro remissione animarum peccatorum nostrorum ad serviendum Deo soli sine expeditione pontis extructione arcis munitione ut eo diligentius pro nobis ad Deum sine cessatione preces fundant quo eorum servitutem in aliqua parte levigamus Ingulph resolving on some wholsome remedy have agreed that some portion of my lands formerly inheritable by whosoever should now as to the tenth of the whole be set aside for thâ—s I conceive to be the sence the words scarce affoording any but by comparing other accounts this seems the thing meant for the servants of God and a like tenth part of my goods for the Church so free that it yeeld no secular service nor tribute more nor less nor Winterdene or Witterdene a kind of imposition but that it be devoted to Gods service alone that the possessors may pray so much the more diligently for us as they have fewer occasions to disturb them This was done at Winchester in S. peter's-Peter's-Church Anno Dom. 855. present and subscribing all the Arch-Bishops and Bishops of England and Beorred King of Mercland Edmund King of the East-Angles and a numberless number of Abbats Abbesses Dukes Earls and Chiefs of the Land and other approving beleevers And the 1 Rex verò Ethelvulphus pro firmitate ampliore obtulit hanc chartulam scriptam super Altare sancti Petri Apostoli Episcopi pro fide Dei illam acceperunt per omnes Ecclesias posteà transmiserunt in suis parochiis publicandaÌ„ Ingulph ubi sup sect 6. Charter was offred upon the Altar and there received for more religious confirmation This I take to be the sence of what was there done 2 Ad anno 855. Matthew Westminster 3 Gest Reg. Ang. lib. 2. cap. 2. William Malmesbury Ethelward and others give several accounts but tending this way and so great consent is in substance though variation in expression that no one can doubt some such thing was done men so much varying yet agreeing to report No one undertakes to make good all of every thing he makes use of and here was interspersion of Abbots and Abesses offering at the altar with Saints and Angels interessed and the Virgine Mary but such commixtures do we know no more invalid the strength is adjoyning good and sound then the like in Magna Charta or the most of all ancient Parliaments or some dispersed spots in the Common Law He that shall once give his busie humor leave to work and question things sufficiently done by some infirming circumstances will soon leave little enough of approved firmness by the same strict rule of estimation anywhere no not of those foundations whereon are raised and stands the stability of the chief worldly things we here injoy This is sure the grant was made and let the injoyed benefit speake the fruit to our time the providing for a helpless Church and it should seem so firm it needed not be again nor was after for 't is observeable the stile henceforth changed and men do now no more Grant but Confirm nor had they need Part with so much as Assure nor voluntarily Give but yeeld to Pay Which we shall observe as we go along In the mean while as to the doubtful words various hath been the construction and learned revisors have not all found the same thing in them 1 Chronic. in the life of K. Ethelwolph pa. 99. Jo. Stow takes it to be a parcel of land 2 Animadversions on M. Seldens History of Tythes cap 8. pag. 173. Doctor Tildesley contends for it by six reasons Sir Henry 3 Concil Britan. tom 1. pag 352. Spelman inclining thitherward knows not where to finde the benefit save in the parsonage house and glebe though it may be well enough thought how they came in afterward and otherwayes 4 In his History of England in the life of this King R. Hollingshead slubbers it over with a right or liberty from burdens to tythes so 5 He ordained that Tythes and Lands due to holy Church should
stranger to their proceedings nor as to gain or lose did I ever do or suffer what might import favour or wrong to be thereby holpen or hindred at any time Onely this I have heard spoke out by the clear and loud fame of the world That here mens rights were tried and examined and lost and recovered Pleas were heard and sentence given and that sentence did or should or might have found obedience If all had not been right and square as we say exactly justifiable If there had been any remedy at Westminster or any where else that could have been thought of If the Goddess Themis had had any Asylum or refuge upon Earth whereunto covetous and carnal men might have had recourse in their fears with any hopes of protection in those affrighting tempests that like some kinde of lightning melted their gold and silver in their purses yea out of their purses No doubt but such desired shelter would have been made to with greatest diligence and truest endeavour Questionless in what dark or remote corner soever it had hid it self above ground men would have both sought it carefully and found it successfully Undoubtedly every one man would have told his neighbour and he another these more and by degrees all The information would so soon and luckily have propagated it self that no manner of doubt should now have remained whether such a place had been or not the path would have been more trodden to it then to any Church or Market-place in England But they knew there was none such They knew all was there of this nature while it was firm and answerable They knew those sentences were there in their kinde by the approbation of all men and Authority of the Law valid as those at Westminster Pulsa dignoscere cautus quid solidum crepet They knew Try whoso would There was that solidity Civil Laws did approve successions of Parliament had allowed the King had given leave the whole State had given allowance of those proceedings and above all the Law held them just and according to Law And so unless her self would contradict her self the head fall off from a principall member or Justice oppose Righteousness They all the Magistrates Powers Laws and Lawyers of England knew and could not but pronounce a just sentence in that Court for Tythes to be just were it for sheaf lamb fruit venison the tenth Thrave or but a Tythe-lock of wooll What a sentence did at Westminster that a decree did there What a Verdict and Judgement upon an Assise That a conclusive determination upon mature deliberation did here and What sufficient ground of Right that gave of Dominion that a man might thence claim a piece of ground or debt of money Hic codex est meus Haec domus est vestra By equall vertue of a like sentence here this due charged upon every parcel of land or herd of Cattle had declared right yea and judgement for it in order to execution Or if any would not come and submit vocetur primò secundò quòd si nec sic ad emendationem venerit Excommunicetur as tertiò leave was given in the Charter Thus as to the power intrusted with the Church I have now almost done we see what the Supream Authority gave in Commission we see what use was made of it we see what connivence or more there was of all other powers and what obedience likely but of this the less being unacquainted at Offices We cannot in short doubt but the Church made Laws about Tythes that they caused them to be done to execution that the State inabled them that the whole Civill Power more then connived or permitted appointed authorised and strengthned that power whereby was acted thus according to office and duty on one part and leave desire expectation and full trust on the other The result of all doubtless a full right a clear assured undoubted fast safe and honest title as good as Any had to Any thing and the evidence of things may discharge the superfluity of more wast words If any right were anywhere it may doubtless be reasonably thought to have been unavoidably Here Sure and Thus. There remains yet one onely thing more somewhat in intention was never quickned to full Act but was purposed to give much in little the life spirits and vertue of all before in the new intended to be purified Canon Law by Hen. 8. authority A thing often glanced at but here fit to be represented together and briefly and summarily was therefore thus The 1 25 Hen 8 19. Clergy upon casting off the yoak of forain Supremacy and submitting to that King petitioned to have the Provinciall Synods and all the Canon Law as far as of force here to be viewed and purged and this to be done by thirty two persons to be chosen by the King wherof sixteen of the Temporalty sixteen of the Clergy The King granted readily what perhaps he had willed to be asked and the persons were to be members of the present Parliament but because so great a wheel could not be brought about in so little time the Parliament sitting their desires inlarged were also granted that it might be done after and then so many Canons as should continue approved should be retained the rest as refuse cast away This was upon the matter to furnish the Spirituall Court with a new rule wherto as much of the old as would should have served the turn again but till that were done what was in being to remain and this so farre intended and minded even with an eye to this very particular that after when a 2 Provided always and be it enaed by Authority aforesaid that this Act for Recovering of Tythes ne any thing therein contained shall take force effect but only untill such time as the Kings Highnesâ—e and such other 32 persons which his Highnesse shall name and appoint for the making and establishing of such Laws as his Highnesse shall confirm and ratifie to be called the Ecclesiastical Laws of this Church of England And after the said Laws so ratified and confirmed as is aforesaid that then the Tythes to be paid to every Ecclesiâ—stical person according to such Laws and none otherwise 27 Hen. 8. chap. 20. new Law was needed for Tythes Proviso was thought as fit to be added that it should obtain but till the promised reformation In the mean while time slipping away and little or nothing done in the business under nor after Parliament there was need to have the power 1 27 Hen. 8. 15. renewed for longer date which was done once and again and so at length for the whole 2 35 Hen. 8 16. time of the Kings life K. Edw. 6. also 3 2 3 Edw. 6. 11. continued it for three years in his time All repealed by 4 1 2 Phil Mar. chap. 8. Queen Mary but revived by their 5 Elizab. 1. c. 1. Maiden Sister The fruit I find
sealed and proclaimed deeds and Laws that our State has or the Lawyers themselves know where to seek for The beginning thereof is this Edward by the Grace of God King of England c. We have seen the Charter of the Lord Henry sometime K. of England our Father of the Liberties of England in these words Henry c. which we confirm Chap. 1. First we have granted to God and by our present Charter have confirmed for us and our heires for ever that the Church of England shall be frée and shall have all her whole Rights and Liberties inviolable We have granted also and given to all the Frée-men of our Realme for us and our heirs for ever these Liberties c. This is a little more emphaticall in the Latine which for the better countenancing both of the testimony and the thing I choose to represent from a fair Manuscript in the publick 1 S 1. 8. Iur. Library of Oxford where thus Imprimis concessimus Deo hac praesenti Carta confirmavimus pro nobis haeredibus nostris imperpetuum quòd Ecclesiae Anglicana liberae sit habeat 2 That is That all Ecclesiasticall persons shall enjoy all their lawfull Iurisdictions and other their rights wholly without any diminution or subtraction whatsoever Cook Instit 2 pa 3. Jura sua integra libâ—rtates suas illaesas Concessimus etiam omnibus liberis hominibus c. This is that Charter in the ninth Chapter whereof is confirmed the Charter of the City of London in the fourteenth That none shall be amerced unreasonably but salvo contenemento as he may be able to bear in the twenty ninth That no man shall be outed of his Frée-hold but by course of Law so much stood upon formerly lately and justly and ever to be stood upon Every line whereof might have been written with some of the subjects bloud it cost and in answerable price of worth containeth some piece or other of a firm wall to keep out Invasion and hindering will and power gotten strong from entring upon and trampling downe the peoples Libertie Wherein note two things granted to the Church sc That she should have all her 1. Rights 2. Liberties Those Rights Intire Those Liberties Inviolable What were first her Rights 3 The Councel of Aenham had flyled them before Deo debita Iura cap. 1. in Spelm. Concil pag. 517. and K Knout likewise in his Laws cap. 8. in Lambard Archai pa. 101. And before either K. Alfreds League with the Danes Dei Rectitudines Spelm. pa. 377. The whole face and condition of things represents it self such that if any thing were These were now Rights Tythes no question Even then generally due and universally paid and so for a long time had been There needed no more then or the Ages before but to prove the land in the Parish of Dale and the Tythes were cast upon the Church of Dale without any Evasion And this so true and known that there is none from the information before or other acquaintance with the state of things as they were truly informed but must grant as much as I say without haesitation And these rights were also granted Intire Next what were her Liberties A volumne were here little enough and I had once thought of laying together Many But to our present purpose let a few Acts of Parliament expound what one priviledge at least was In 18 Edw. 3. there is a statute for 4 Pulton p. 143 the Clergy and it was granted in regard of a Triennial disme given that Martiall Prince to further him in his Wars for France In the sixth Chapter whereof is mention of some Justicers appointed to the impeachment of Ecclesiasticall Jurisdiction of 1 The knowledge of all causes testamentary causes of matrimony and divorces rights of Tythes Oblations and obventions by the goodness of Princes of this Realm and by the Laws and Customes of the same appertaineth to the Spiritual Iurisdiction of this Realm c. Statut 24 Hen. 8. â—2 Tythes among other things why may we not well understand and is against the Franchise this Statute says of the Charter Let the words speak their own sense Item Whereas Commissions be newly made to divers Justices that they shall make inquiries upon Judges of holy Church whether they have made just processe or excessive in causes testamentarie and other causes decimall as notoriouslie doe belong hither as testamentarie a hundred proofs are for it which yet notoriouslie pertaineth to the cognizance of holy Church the said Justices have inquired and caused to bee indicted Judges of holy Church in blemishing of the Franchise of holy Church that such Commission be repealed c. See here what Franchise is in part sc to have Ecclesiastical Jurisdiction free proved by that to disturb it is a breach or blemish of the Franchise Next take another gloss in the plain text of 1 Rich. 13. where 2 Id. pa. 200. The Prelates and Clergy of this Realm do greatly complain them for that the people of holy Church pursuing 3 That this apprehension may not seem a mistake this very Chapter I finde alledged heretofore to prove that the proper scene of trial of tythes is the Ecclesiastical Court by M. Fulbeâ—k in his parallel par 2. Dial. 1. sol 6. in the Spirituall Court for their Tythes there is the Jurisdiction and this particular asserted and their other things which of right ought there 's more then possession Due and of old times were wont to pertain to the same Spiritual Court there 's continuance of time or prescription and that the Judges of holy Church having cognizance in such causes other persons thereof medling according to the Law be maliciouslie and unduly for this cause indicted imprisoned and by secular power horriblie oppressed c. against the Liberties and Franchises of holie Church Wherefore it is assented that all such Obligations shall be of no value c. Here another statute interprets what Liberty and Franchise is by that the clogging of Ecclesiasticall Jurisdiction in this matter of Tythes was a breach of that Franchise and so after when the Cistertians endeavoured to exempt their Formours Lands as well as their own from paying Tythes that due power could not fetch them in this was again against the Franchise as 4 Alledged hereafter complained in Parliament 2 Hen. 4. 4. And lastly a 5 The Annals of Burton cited by M Selden of Tythes cha 14. pa. 419. National Councel represented as one of their grievances at London 21 Hen. 3. The over-lavish use of the Indicavit whereby the Kings Judges would first determine what tythes were due to what Church and this was in Regno Angliae in praejudicium libertatis Ecclesiasticae Which things may together shew fully enough what the breach of Franchise was and by consequent what the Franchise it self by the best which is publick interpretation Whence also likeliest this was the meaning of the Grant That
nor were Tythes but brought into the Store-house All in the Prophets phrase to have better use made of them than I doubt commonly was For 't is the charitable intention of man the wise provision of the Law by the blessed providence of God that sets things often in a good way to honest or holy ends but the corruption of man hinders seldom does one half come to good or are the things not to abuse enough perverted how well or piously soever levelled and intended CHAP. XXIII THus for sixe successive Princes Raigns Under Hen. 5. Hen. 6. Edw. 4. Edw. 5. Rich. 3. and the wise puissant Hen. 7. nothing being heard of murmure and discontent but all in peace and silence The Canons as in Lindewood c. governed the Consistory Westminster sent to controul as often as any noise was made of extravagancy by Prohibition Some prudent Statutes as Circumspectè Agatis Articuli Cleri c. had bound their hands too that they might not send as oft as they would but when abuse called for remedy And so things went on in Harmony for justice peace and order through this intervall Laws already made were obeyed and more were not made because those that were were both for their end sufficient and set in a way to have sure execution But now in that general Earthquake when this Earth was moved and all the Inhabitants thereof though some Men stood and some Parts were not overthrown When the turbulent passions of that mighty and boisterous Prince left nothing untouched or unshaken and that some might seem at least to stand the faster other parts were thought fit to be quite pulled down yea buried and intombed under the ruines of their own glory as 't were by the fatality of Jerichoes curse Iosh 6 26. Never more to be reedified Maledictus vir ille coram Jehova qui surget ut aedificet c. yet even Then was no prejudice offered nor diminution made of this part of Ecclesiastical Revenue or Jurisdiction to bring it in a great argument of its strength that had over-lived a storm and some necessity that it was preserved when that next was chosen to be cast away But before this great work was done by himself and his son divers new sinews of strength added to confirm all that had passed before as well by clearing the right had been by 1 27 Hen. 8. 20 32 Hen. 12. 2 Edw 6. 13. some new Statutes to evidence the justice of the claim as by creating a new power to fetch them in and inabling secular persons at least to sue for them in their own Court the new Statute way Not abrogating the Ecclesiastical but giving choice of this Pointing to a new remedy besides the old as 2 So is interpreted and used and of force that of 2 Edw 6. 13. commonly understood though some doubt 3 That the claâ—se of treble damages in 2 Edw. 6 13. is to be sâ—ed in the Ecclesiasticall Court onely See Dr. Ridleys view of the Laws par 3. chap. 2. sect 5. That Customes in payment of tythes are tâ—â—able onely in the Ecclesiastical Courts was averred to be proved before by him Sect. 3 and see hereof the Proviso transcribed below rationally But for certain not destroying That utterly For the 4 And that for subtraction of any of the said tythes offerings or other duties the Parson Vicar Curate or other party in that behalf grieved may by due processe of the Kings Ecclesiastical Laws of the Church of England convent the person or persons so offending before his Ordinary or other competent Iudge of this Realm having authority to hear and determine the right of Tythes and also to compel the same person or persons offending to doe and yeeld their said duties in this behalf 27 Hen 8 12. And in case any person or persons of his or their ungodly perverse will and mind shall detain or with old any of the said tythes or offerings or part or parâ—el thereof then the person or party bring Ecclesiastical or Lay person having cause to demand or have the said tythes or offerings being thereby wronged or griâ—ved shall and may convent the person or persons so offending before the Ordinary his Commissary or other competent Minister or lawfull Iudge of the place where such wrong shall be done according to the Ecclesiastical Laws And in every such case of matter or suit the same Ordinary Commissary or other competent Minister or lawfull Iudge shall and may by vertue of this Act proceed to the examination bearing and determination of every such cause or matter ordinarily or summarily according to the course and processe of the said Ecclesiasticall Laws and thereupon may give sentence accordingly 32 Hen. 8. 7. often mention of it upon other occasions as well as this with a clause of Proviso 5 And be it enacted by the Authority aforesaid that if any person do subtract or withdraw any manner of tythes obventions profits c. that then the party so subtracting and withdrawing the same may or shall be convented in the Kings Ecclesiasticall Court by the party from whom c. to the intent the Kings Judge Ecclesiasticall shall and may then and there bear determine the same according to the Kings Ecclesiastical Laws And that it shall not be lawfull unto the Parson Vicar c. to convent or sue such withholder of tythes obventions or other duties aforesaid before any other Iudge then Ecclesiastical 2 Edw. 123. inserted to fence all from violation shews plainly that K. Henry meant what he did and none should or could cross his purpose sc though the Pope went off to keep the Church-power up and though the Abbies went down yet Tythes for the support of Religion Must Not be medled with Such power I mean as might begin and end its motion wholly within it self like the wheels of a watch that keep themselves going by help of a Spring at home needing no power from abroad not of a clock whose moving weights are without and so liable to the inconvenience of forain disturbance or as the highest sphere of all Primus Motor that keeps it self a going by it self meerly not like the inferiour that wait on superiour influences Such power and the Jurisdiction of Tythes therewith and thereby and the right of Tythes by consequent yea in Statute words expressed not needing any derivation He kept up in vigour life strength and quickness as it was of use And as well the Records preserved as other means of information obvious enough do assure that to his time through his time in it and on this side the Law continued which settles all to settle these and leave them settled an indefeasible inheritance to us their unworthy posterity And as they were left so I hope for Gods glory and the maintenance of his service and servants the labourers that bring in His Harvest they shall not but always continue to all succeeding generations For Who hath
have been part of it As there is none the old is of force and in all its power beside the Statute and that again by Statute Neither had the thing onely consideration in Books we finde regard given to it in the Acts of Men and the World busied not to say very much troubled about the Wealth that came in by them The great and vexed Controversie in Oxford in Henry 6. time about Fr. Russell and his Doctrine which took up the learned Disputes of the University there and smoother Consultations also of the Convocation at London and after was transmitted to Rome and there not ended was onely about the necessary and fit Receiver of personal Tythes while he maintained it seems to his own advantage and against the Secular Priests that they might be given as well to the poor as the Church as we say to the Monk as to the Priest and then he stood ready as a Mendicant as the Priest for his Parish They on the contrary to the Church onely and so He and His were excluded The determinations it seems settled the major part against him and he for his errour was injoyned to recant publickly at Pauls Crosse lesse then the performance whereof would not serve the turn and all the Pulpits in England commanded to ring of what an Heresie Fr. W. Russell had maintained indeed against the Pulpits about personal Tythes now to be cried down by all opportunity and the utmost of possibility The Particulars I finde 1 By Mr. Selden in his History of Tythes cap. 7. Sect 5. related at large the use I make of them is onely this that These things Have been of Real consideration not an empty Book Order but such as had influence upon things and produced visible effect the Consultations of Men having been taken up about the disposall of the seen fruit of them much busying yea not a little troubling the World for long since and so long together and so no doubt things stood to Edward 6. time and so he found and left them Whereupon and that ancient rooted Right spreading likely further as might be found by further inquiry if it were also needful he settled his new vote and order of confirmation as it were What to make personal tythes due to give them life and raise them to being Nothing less to revive and quicken the Law that dull men that were to pay and had wont might be rouzed up to a ready and obedient performance of that which was their ancient known duty to awaken justice and force backward men to bring in their publick tribute which though for Gods service their worldliness had rather perhaps were left out or let alone Due they were before This vote of publick power onely cleared the channel that the in-come might be it self and come in fresh and free without impediment for which His words and Act reach we see fully his meaning By occasion of which clause of such import thus much Thus much of Personal Tythes And thus much also for that last binding Act of State both for personal and predial in 2 3 Edw. 6. Behither which is little but the implying Petition of Right in the grant of All mens without doubt meaning These That other was the last clear full expresse purposed and direct binding order Not yet of no force Even for it self though the chief strength beside the Legislative power of the Land here drawn into Act is in abroad and before The Root that supports and cherishes most powerfully both predial and personal still laying farther in the Right created by ancient Constitutions deeper then possibly can be thought by any new declaration For we shall seldome meet with a tree that planted the last year hath attained much strength It must have time to root and settle before it can be able to endure the shock of a tempest or make good its being against any forceable opposition So the best and usefullest Constitutions of State are those experienced firm ones that have lived summered and wintered with us as we say and given approbation of their agreeing with the soil by having safely endured there all influences Settling and gathering strength as it uses to be and Must by degrees and in and with time clasping in fast to be made one co-incorporate with the soil of a Re-publick Rash decrees use to be as soon revoked almost as made bespeaking little but uncertainty at first both to themselves and all things and persons that they are conversant about Blessed are the days when the Aged decree Judgement the ancient and experienced good Laws I mean are made the sure and constant rule of Righteousness And even this Humane Ordinance hath so much in it of Divine that it partakes of toward his nature who is Constancy and Immutability CHAP. XXVII BUt to go on to the mentioned Petition of Right a great and bright star shining hithermost and very clear in the firmament of our Law whose allowance vulgar apprehensions still gaze at for the great and onely stabiliment of all as indeed an excellent and needfull stay it then was when it was of the subjects tottering property But to look upon it as the onely bank and bulwark against tyranical invasion both the settler of Right and Giver the knowing know there is more then twice ten times as much dispersed abroad though in latebris to plain English Readers as this Nor could the supream power without breach of trust and transgression of duty have before and so it may still invade the peoples Right or without injury have then and so it may yet do injustice and unrighteousness A Bond this was upon the former Covenant a new lock added to the former bolts and bars to keep out invasion from above from protectours now explicitly purposely newly and afresh confirming to all their old Rights no more And say which The Merchants right the Gentlemans Right the Noblemans the Free-holders and why not also the poor Scholars too the Church-mans too whose work is Church-work and his Trade and Calling publick holy heavenly duty that so having his Due he may the better do his Duty having his Right people may the better look for Theirs and having his property to live on his Living secured him in peace and with assurance he may now 1 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That ye may wait on and stick close to the Lord 1 Cor. 7. 35 serve His Lord above Alone and having nought of this vile yet necessary world to interrupt and stop his course he may now wait upon Him 2 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Not whiâ—led and turned hither and thither as men â—se that are distracted with cares how to live for violent are the pullings of flesh bloud to preserve it self and self-loving nature will look about before it yeeld to be suppressed or choaked But that ye may attend this Thing alone and serve your now onely Master without avocation ibâ—d without distraction The rather considering
serve none but Himself or perhaps Venus or Bacchus or Mammon must be pared off to piece up supplies for his riot and prodigality to feed the greedy worm of his covetousness or rather to help fill up the wide and insatiable gulf of his craving ravenous and cruel soul This were indeed what were if this were not heavily burdensome But shall I serve the Lord Christ with such an inside Shall I profess my self a Church-member yea a member of Christ the Childe of God and an Inheritour of the Kingdome of Heaven harbouring in my bosome a nest of such unreasonable griping cruel carnal lusts Shall I go on to read the Scripture profess the Light hang on Jesus Christ and all his Ordinances with pretended love to his Law and grudge or subtract any mans known worldly dues refuse to give every one his own detract from the humane ordinance and dare say in any case Right is wrong or Law burdensome Shall my turbulent greedy envious unruly passions prevail with me so farre to make me think my neighbour has too much though it be his Own I must covet it I will have it Nay Gods Minister has too much of his known Right I cannot temper but I must covet my neighbour goods That neighbours goods 1 Let a man so account of us as of Ministers of Christ and â—tewards of the mysteries of God 1 Cor. 4. 1. Gods Ministers Right Rob the Church yea perhaps rob God and starve or occasion the starving of souls by withdrawing that which should warm the bloud and quicken the bodies of those should and would feed souls in present and discourage those that are to come in hereafter furthering in the least degree or upon any pretence by my wilfull parcimony that the thing we have so long feared may at last fall upon us That children may cry for bread and there be none to give it them a worse famine may pinch us then that of bread and water even a famine of the Word of Life that hungry souls may run hither and thither for meat and grudge being not satisfied from Parish to Parish from one empty Church I mean to another for the Ordinances of Life and none be found in Sion to comfort her children a well-instructed Teacher in England be as rare as was a man in Israel and because no more means is left to sustain his natural life One Preacher must serve for twenty Congregations Away Pluto and Mammon Let Judas and Achan be for ever separate from the Congregation of the Lord Cursed be Ananias and Sapphira and all their brood Let their posterity never find fig-leaves to cover the shame of their sin in this world nor any thing but Gods mercies and Christs merits to shelter their guilty souls from condemnation in the world to come Let me have ever light enough to know mine Own Justice to give every man his Due Religion to direct I Ought to do so Prudence to measure it out by the onely wise and safe Law and either cast away my Bible Gods Law out of my hands presently or cease eternally to covet my Neighbours goods One word also in the spirit of meekness to him not hitherto thought of that is I take it easie enough to be led but as it falls out miserably out of the way that follows the light of his eyes and they guide him to errour urging the Petition of Right for every ones and his own and yet crying down tythes thereby which being a Right can certainly have no discountenance but must rather have a firm consequentiall establishment by that Petition Philip Philip understandest thou what thou readest Do but say I pray thee what is it thou so importunately callest for Is it not for Right Civil Right Every ones Thy Neighbours as well as thine own And Christs Ministers if he have Right yea Civill Right hereby to his Tenth as well as thou to thy Nine If this why pervertest thou the right words of the Law destroying again presently what but now thou buildedst up and by or with thy hoarse and importunate out-cries for this Petition endeavourest to cry down tythes thereby which being a Right sure Mans right is not Gods right cannot but have thereby a clear and evident confirmation Is not ones mans right of the same kinde with anothers and as good as anothers Must not thy Pastors have been included in All Or couldest thou be content to have his little portion understood at least to be struck out of this book of temporal life to augment thy part to a proportion of ninefold bigger then His already What equity were this or shew of Conscience Suffer I pray thee the word of exhortation and be not offended if I tell thee the truth If thou be a Christian indeed thou wilt not entertain a gentle reproof with disdain nor repay meekness with rage storming at him that would by the grace of God and according to the light given him deliver out nothing to thee but the words of truth and soberness Ask thy Lawyer and he will tell thee Advise with the Learned in his own profession Consult with the Potter about the things of his own trade There is never a Judge at Westminster never a Serjeant in their Innes never a learned Councellour or knowing man in this Land but will assure that tythes are as due besides the rules of equity for work and generals of Scripture for competent maintenance by the Law the rule of Civil righteousness among us to their due receivers here as any rent or rent-charge debt or bond not a benevolence but a strict Right and that the settled and compleat body of the Law doth with as much unanimity evidence constancy and aged consent agree to settle and say so for them and yet doest thou contend and urge a publick grant of right as an argument to destroy them Those sages are wise They will not deny their books They cannot deny this Thou must consent to it Thou hast nothing to say against it Where art thou now On Gods side or on Baals for Christ or for Mammon For Righteousness or Vnrighteousness Wouldest thou but have every one have his Own Doest thou not covet thy neighbours goods Wilt thou own the power of as much Religion as in one verse of one Chapter of the whole Bible Render therefore to every man his due Rom. 13. 7 Keep to this I desire no more I know I have gained with thy honesty thy sure vote for tythes and for ever hereafter Hold to this Concession and be constant thou wilt never hold up an angry hand nor finger against them or but for them unless thou change thy minde to petition against the petition Thou wilt not I suppose be wiser then the Law mangle the Royall Grant or deform that Petition of Parliament If thou do 1. Thou art unjust because not impartial 2. Inconstant because even now thou chosest to submit Hereto and madest use of it 3. In plain terms little