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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A39297 An account of tythes in general Ellwood, Thomas, 1639-1713. 1700 (1700) Wing E611A; ESTC R36220 8,805 15

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Correct Restrain and Amend all such Errors Heresies Abuses Offences Contempts and Enormities whatsoever they be which by any manner of Spiritual Authority and Jurisdiction ought or may lawfully be reformed repressed ordered redressed corrected restrained or amended c. By which it is evident the Intention of the Parliament then was to transfer confer and settle unto and upon King Henry all the Powers Profits and Priviledges which had been before supposed to be in or belong to or had been enjoyed or exercised by the Pope while he was received as Supream Head of the Church 6. And therefore as the Pope while he retained the Supremacy here had the first Fruits which are the Profits of every Spiritual or Ecclesiastical Living for one Year upon the advancing of any Ecclesiastical Person to such a Living and also the Tenths that is the Tenth Part of all the Tythes So these two Revenues as appendant to that Supremacy followed it being settled on the King in the same Session of Parliament wherein the Supremacy was vested in him The Words of the Statute 26 H. 8. c. 3. relating to the first Fruits are these That for the more surety of Continuance and Augmentation of his Highness Royal Estate being not only now recognized as he always indeed hath heretofore been the only Supream Head in Earth next and immediately under God of the Church of England but also their most assured and undoubted natural Soveraign Leige Lord and King c. It may therefore be enacted and ordained by c. That the King's Highness his Heirs and Successors Kings of this Realm shall have and enjoy from time to time to endure for ever of every such Person and Persons which at any time after the first Day of Ianuary next shall be nominated elected perfected presented collated or by any other means appointed to have any Arch-Bishoprick Abbacy Monastery Priory Colledge Hospital Archdeaconry Deanry Provostship Prebend Parsonage Vicarage Chauntry Free-Chappel or other Dignity Benefice Office or Promotion Spiritual whithin this Realm or elsewhere-within any of the King's Dominions of what Name Nature or Quality soever they be or to whose Foundation Patronage or Gift soever they belong the first-Fruits Revenues and Profits for one Year of every such Arch-Bishoprick Bishoprick Abby Monastery Priory Parsonage Vicarage c. Then after Provisions made for finding out the Value of those Spiritual Livings and for paying receiving and recovering those First-Fruits the Settlement of the Tenths that other part of the Pope's Revenue upon the King follows in the same Statute in these Words And over this be it enacted by Authority aforesaid that the King's Majesty his Heirs and Successors Kings of this Realm for more Augmentation and Maintenance of the Royal Estate of his Imperial Crown and Dignity of Supream Head of the Church of England shall Yearly have take enjoy and receive united and knit to his Imperial Crown for ever one yearly Rent or Pension amounting to the Value of the Tenth Part of all the Revenues Rents Farms Tythes Offerings Emoluments and of all other Profits as well called Spiritual as Temporal now appertaining or belonging or that hereafter shall belong to any Archbishoprick Bishoprick Abbacy Monastery Priory Archdeaconry Deanry Hospital Colledge House-Collegiate Prebend Cathedral Church Collegiate-Church Conventual-Church Parsonage Vicarage Chauntry Free-Chappel or other Benefice or Promotion Spiritual of what Name Nature or Quality soever they be within any Diocess of this Realm or in Wales c. And so goes on to direct the Time Place and Manner of Payment of these Tenths with the Penalty for non-Payment 7. Thus were these two great Pillars of Papal Supremacy First Fruits and Tenths transferr'd from the Pope the old Head to the King the new Head of the Church to support and maintain that Headship in him as they had done before in the Pope Which Ecclesiastical Headship the King was no sooner possessed of than he began to exercise it amongst those Religious Orders Suppressing as Herbert in his Life p. 379. rel●tes the Observant Fryers at Greenwich Canterbury Richmond and other Places and substituting the Augustines in their Places Which he did says Herbert there for the finding out how his People would take his Design of putting down Religious Houses To which he proceeded the next Year beginning with the lesser Sort and suppressing all those Monasteries Priories and other Religious Houses of Monks Canons and Nuns which had not in Lands Tenements Rents Tythes Portions and other Hereditaments above the clear yearly Value of two Hundred Pounds By which means 376 of those Religious Houses being dissolved a Revenue of above thrity thousand Pounds a Year besides an hundred thousand Pounds in Money raised by Sale at low Rates of the Goods and Chattels of those Houses a Sum not small in that Age came to the King for Support of his Ecclesiastical Supremacy 8. The Statute which countenanced this Proceeding is the 27 of Hen. 8. cap. 28. And a new Court called the Court of Augmentations was then erected and settled by Parliament for receiving and ordering these new accessional Revenues The Act for which in our printed Statute Books is set before that for the Suppression of those lesser Monasteries But though that for Suppressing those Monasteries be by an Hysterosis set after that for establishing the Court of Augmentations yet it must have been made before it For it is recited in it 9. In that Statute 27 Hen. 8. c. 28. for Suppressing those smaller Monasteries mention is made o● Monasteries Abbies and Priories which with in one Year before the making of that Statute ha● been given and granted to the King by any Abbot Prior Abbess or Prioress under their Convent-Seal or that otherwise had been suppressed or dissolved All which were by that Statute confirmed to the King and to all those unto whom the King either then before had conveyed or then after should convey any Part or Parts thereof To hold to them in like Manner stamped upon those Rectories Parsonages and other Revenues by Tythes into what Hands soever they were passed And therefore by the Statute of 32 Hen. 8. cap. 7. in case of with-holding or denying to pay the Tythes all Persons claiming them Impropriators as well as Priests are restrained from suing in the Temporal Courts and limitted to the Ecclesiastical or Spiritual Courts only for the Recovery of them 13. And that they might still have Dependence upon the Supremacy care was taken from the first by the Statute of 27 Hen. 8. cap. 27. That none of these Estates which then had come or should come from any of those Religious Houses to the King should pass from him by Grant to any Person whatsoever without an express Reservation of a Tenth And in a subsequent Statute 33 Hen. 8. cap. 39. Complaint being made that altho' out of those Grants which the King had made to sundry Persons of Honours Castles Mannors Lands Tenements Rectories c. which were under the Survey of the