and Title to it by Conquest and professed they would spend their lives in the quarrel Ipsa enim mors dulcis erit dum enim in vindiâ—â—ndo Patres nostros in tuendo libertatem nostram in exâ—lâ—ando Regem nostrum perpessi fuerimus Wherefore Conquest now can certainly be no Just no Lawfull Plea Title for any of our Officers or Souldiers which this Greatest Conqueror and this Great Councel so long since damned as unjust and Irrational To which I shall annex the Resolution of our Noble King Henry the 2d and of all the Bishops Abbots Peers Earls Barons of England assembled in a Parliamentary General Councel of the Realm at Westminster An. 1126 to determine a Controversie between Alfonso King of Castile and Sancho King of Navarre concerning divers Castles and Territories in Spain won by War and Conquest by Sancho King of Navarre from Alfonso whiles he was a Pupil and Orphan which they both submitted to their final determination who having heard both parties unanimously resolved that these Castles and Lands should be restored to Alfonso by King Sancho with all their bounds and appurtenances quia per Bellum violenter injuste abstulisset because he had violently and unjustly taken them away by War which resolution was confirmed under the Kings Great Seal and sent unto these Kings Therefore Conquest alone can be no just no legal Saintlike Right Title to any Lands Possessions Powers violently unjustly gotten claimed by Wars by our Swordmen now after these two antient famous Parliamentary Resolutions in point even between foreign Conquering Princes much lesse then between those Native Englishmen who raised waged our Army and Officers to defend not conquer them in a meer intestine civil War 5ly William Duke of Normandy Edward the 3d Henry the 4th Edward the 4th and Henry the 7th though they all came to the Crown by the Sword and Conquest of their Competitors yet they never claimed the Crown nor Kingdom by Conquest but Title only nor esteemed the English Irish or Welch a conquered Nation nor altered our antient Government Laws Liberties Parliaments or Ministers Tithes and Maintenance but confirmed them as all our Histories manifest in their Lives and Statutes made by them in the beginning of their respective reigns attest I have formerly proved in the case of William commonly stiled the Conqueror who ratified all our Liberties Laws Customs Franchises presented to him upon Oath without the least alteration diminution or prevarication to the peoples Great content Yea King Henry the 4th as Placita Corone rot Parl. 1 H 4. n. 17. record did in the first Parliament held by him after his Conquest of Richard the 2d make this memorable Declaration to his people entred in that Roll. That he claimed the Realm and Crown of England with all their Members and Appurtenances as right heir thereto by Bloud by Descent and by the right God had given him through the ayd of his Parents and Friends for to recover the said Realm which Realm was upon the point to be undone for want of Government and abrogating of the Laws and Customs of the Realm And that it was not his will that any should think that he would by way of Conquest disinherit any one of his Heritage Franchise or other Right which he ought to have nor to out or deprive any man of that he had or should have by the good Laws or Customes of the Realm all which he confirmed by a special Act before 1 H. 4. c. 1. but only those who were against his good purpose and the common profit of the Realm and were guilty of all the evil come upon the Realm and were adjudged guilty thereof in that Parliament as Sir William Le Scroop Sir Henry Green and Sir John Bassy whose Lands only he would have by Conquest as forfeited by their Treasons Whereupon the Commons thanked the King and praysed God that he had sent them such a King and Governour Upon all which Considerations and the Resolution of learned Grotius with others quoted by him That by the very Laws of War even those who are conquered by foreign Enemies ought to enjoy by permission of the Conquerors their own Laws Liberties Magistrates Religion and a share in their Government much more in such a Civil War as ours where the Souldiers Generals can pretend no Conquest over those who raised waged them for their just defence against Conquest and Invasion of their Laws Liberties Government Magistrates Rights Privileges I hope those vaporing Officers Souldiers who have formerly cried up pleaded practised this pretended Title of Conquest amongst us and used many of their former Masters Raisers and the whole Nation more like to conquered enslaved People than their fellow Christian Brethren and Freeborn Englishmen who have paid them so well for all those Services they imployed them in will henceforth totally renounce this their false usurped Injurious Plea Title and no more persist under pretext thereof to deprive our Ministers Church Peers Parliaments Nation of their very Native Freedomes Liberties Franchises Rights Laws Government Lands Possessions which they were purposely commissioned waged and by all Sacred all Civil Obligations Trusts Oaths Vowes Protestations perpetually engaged to defend against the least violation or Innovation without their free and full consents in a due and lawfull Parliament freely elected by them not forcibly obtruded on them without their choise or privity Yea I trust they will be so just so righteous towards me so great a Sufferer by under them only for discharging my Conscience and bounden duty towards my God our Church and Native Country of England as no waies to be angry with me or Injurious towards me for this my New Gospel Plea interwoven with a Legal and Rational for the Lawfulness and Continuance of the antient setled Maintenance and Tithes of the Ministers of the Gospel and the good old Fundamental Laws and Liberties of the Nation which their present busie Endeavours to abolish alter subvert beyond yea against their Trusts Commissions Callings have necessitated me now to publish to the world to preserve our Church State Ministry from new Combustions and Impendent ruine but rather sound a Retreat from these their Heady Proceedings which I fear the Jesuites with their Confederates the Anabaptists have engaged them so deeply in to work as well their own as the publick speedy ruine both of our Church Religion State Ministry Nation and excite them to use the self-same deportment words to me who have no private design nor interest of my own or other mens in this my voluntary undertaking but only the publique Safety and Weal as enraged David did once to Abigail when she diverted him from his rash bloody resolution to destroy Nabal and his family for a Churlish Answer returned to him for his Kindness 1 Sam. 25. 32 33. Now blessed be the Lord God of Israel which sent thee this day to meet me and blessed be thy advice and blessed be thou which
endowed by themselves or else went as Pilgrims to Rome then reputed famous for Her Piety Besides multitudes of the Royal Progeny who followed their examples both in their Piety Charity and Bounty to the Church And amongst others of our antient Kings King Eâ—helwolfe gave not only the Tenth out of all his goods and Chattels but likewise of all the Lands and Houses of his whole Realm to the Church His Sonne incomparable King Alfred founder or at least Restorer and Enlarger of our famous Vniversity of Oxford though he was for the most part taken up with Warres and Military affairs by reason of the Danes invasions fighting no lesse than 52. set battels with them for the most part with glorious success yet out of an Ardent zeal to God in emulation of Zacheus he gave no lesse than half of his annual Rents and spoils of war besides in pious uses to wit for relieving the poor both at home and abroad for maintaining rewarding Scholars Ministers building schools of Learning maintaining professors of divers Arts and Sciences in them especially in Oxford and devoted no lesse than the third part of his time to wit eight hours every natural day to his sacred studies and devotions Besides the time he spent in his Military imployments Civil Government and enacting Laws of most excellent use by advise of the wisest men which have continued ever since So as Asser Menevensis in Egercituesse in his life Spelman and others give this Brief Character and Encomium of his Excellencies O Stuporem omnium aetatum Aluredum cujus dum Religionem intuemur nunquam exiisse videatur Monasterio Dum Bella Militiam nullibi versatus fuisse unquam nisi in Castris dum Scripta ejus Lucubrationes vitam transâ—isse in Academia dum Regni Populique sui administrationem nihilo unquam studuisse nisi in Foro Senatu Justitiae promovendae Legibusque bonis Sanciendis Of which good Laws of his extracted out of the Old and New Testament for most part this for the due payment of Tithes and Oblations to Ministers was one cap. 38. DECIMAS Primigenia adulta tua DEO DATO O that all those Militarie victorious Commanders who boast of like victories as he obtained would imitate him in these his Vertues Bounty Liberalitic both to our Universities Scholars Ministers and promulging Edicts for the due payment of their detained Tithes and Dues and then they should be Chronicled for SAINTS INDEED as well as the forenamed Kings of which there was not one in three in former Ages as Sir Henry Spelman observes WHO DID NOT ADORN AUGMENT ENRICH THE CHURCH IN SOME THINGS even during their very wars instead of making a mere prey and spoyl of her as some late SAINTS have done to maintain the warres and enrich themselves In which Sacrilegious Rapines if any shall persevere to the utter ruine of the remaining Glebes Tithes Maintenance of all our Ministers and Churches too the prime Honour of our Nation ECCLESIA Faemina Lana as some have designed and would engage them to do to render our Religion Nation and those who shall give their Votes thereto for ever execrable Let them take heed that instead of inducing the Ministers and godly people really fearing God throughout our three Nations to forget Monarchy and be in love with their New Military Government they do not necessitate them and most others too thereby by comparing their Irreligious Church Robberies and Sacrilegious Rapines against the very Laws even of War and Conquest it self in an Enemies Country and detestable to very Heathens as Grotius proves at large to love and honour Kings and Monarchs more than ever as the only Nursing-Fathers to Gods Ministers Church People under the Gospel and to esteem others not comming in by the Door into the Sheepâ—â—ld but climbing up by Storm some other way to be but Theeves and Robbers who come not but to Steal Kill and to Destroy whatever the Bounty Piety and Mâ—nisicence of these and other our Kings have built and setled on the Clergy for Gods Honour and maintenance of his worship and thereby engage them so to act speak and peremptorily resolve as all the Israelites and Godly Levites Priests People twice did in a like case 2 Chron. 11 13 14 15 16 17. 1 Sam. â— 3 5 19 20. If any here object these Kings and Queens were more Popish Superstitious than really Religious Admit they were â—n some things as too much doting upon Monkery not Monarchy or worldly wealth or Power which some condemn in others when most guilty of and applauding it in themselves yet their very Bounty and profuse munificent Building Monasteries and Nunneries whereof King Edgar alone built no less than 47. endowed them with large Revenues and intended to make them up 50. had he lived besides what they bestowed in building adorning endowing maintaining all Cathedral and Parish Churches and Chapels for the support and honour of their superstitious Religion should eternally shame all those pretended Saints who will be at no cost at all to maintain and propagate what they now call the True Religion and the faithfull Ministers of the Gospel but instead thereof will by mere Force and Rapine against all Rules of Law Justice Piety Equity and war it self plunder if they can the remaining Materials and Fabricks of our Churches which those Kings or their Successors and other antient Benefactors built for Gods Honour and the small surviving Lands Rectories Glebes Tithes Pensions Dues which our Ministers yet enjoy by their sole Bounty Piety Gift Laws without any real charge injurie oppression or obligation to any Mortals now surviving them But to take off the stain of Popery wholly from our Kings which was no disparagement to their commendable Charity and Bounty Consider in the sixth place that God hath honoured us with the first Christian King in the Universe Henry the 8th who durst not only question but by Publick Laws and Statutes abolish and renounce the Popish usurped Antichristian Power and with it all Popish Shavelings Abbots Priors Monks Nunnes and many Popish Doctrines Ceremonies and restored the People to the use of the Holy Scriptures in their own Native Language Whose example encouraged other Kings Princes Churches to do the like Who though he seised upon Abby Lands as given to mere Superstitious Persons Orders Vses repugnant to Gods word and the Popes mere Creatures and Supporters yet he continued the Lands Glebes Tithes and Maintenance of the Bishops and other Ministers and augmented iâ— and our Vniversities Revenues also out of the Abbies Spoyles which yet could not exempt him from the publick censure of some Protestants for selling or rteaining most of their Lands and Impropriations for his own use which say they he should have rather converted to other lawfull sacred uses according to the will of the first Donors And Mr. Purchas writes That the Monks unrighteous coveting and the Popes appropriating
of the Tithes of some Thousands of our best Benefices unto Abbies and Monasteries and robbing the Ministers of them to whom only they were given by God himself and the first Donors for their Maintenance to the great prejudice both of the Ministers and People was one principal cause that by a Divine Judgement and Providence beyond all mens expectation the Pope and they were both suppressed together on a suddain even by him who not long before had justified his usurped Supremacy against Luther and for which he had received this ominous Title from the Pope DEFENDER OF THE FAITH God grant our New Defenders of the Faith do not as ill â—â— quite those Persons Powers who first commissioned them with their Arms to defend our Faith Church Religion against Iesuites Papists and their Confederates in the Field as King Henry did the Pope after this new Moâ—â—o 7ly That ouâ— God blessed honoured us with the first incomparable Protestant King in the world no Papist but a REAL SAINT beyond any of his years in this or former Ages even young KING EDWARD THE SIXT the first King I read of who by publick Laws and Statutes suppressed banished all Popish Pictures Ceremonies Superstitious Monuments Practices Abuses throughout his Dominions and established the true worship Service Sacraments Ministers and Ministry and Gospel of Christ throughout his Dominions for which all Ages shall call him blessed no waies embesselling or diminishing the Churches Glebes Tithes or Revenues and enacting a New excellent Law for Tithes recovery when detained But God taking him suddenly from hence to a better Kingdom and his Successor Queen Mary defacing deforming his blessed Reformation and restoring both the Pope and Popery again almost to its former height except in point of Monkery which the defacing of the Monasteries prevented 8ly God then blessed our Church and Kingdom with an unparallel'd Protestant Princesse Queen Elizabeth a Nursing Mother to the Church who demolished the whole Body of Popery with the Popes revived usurpations again by publick Acts established the reformed Religion again in greater beauty and purity than at first banishing all Jesuites and Seminary Priests as Traytors restored the exiled Ministers of the Gospel suffering for Religion rewarding them with the rechest Bishopricks and Church-Preferments and planting a faithfull painfull preaching Ministry by degrees in most dark corners of her Dominions endowed them with a setled competent maintenance which our subsequent Protestant Kings continued to them and their Successors without diminution All which considered we of this Isle may with much thankfulnesse to God and honour to our Princes without flattery averr before all the world That the forecited Prophecies of Kings being Nursing Fathers and Queens Nursing-Mothers to the Church and specially Kings and Queens of this Isle have been more really accomplished in the Kings and Queens of this our Island than in the Kings and Queens of any other Isle Kingdom or Nation whatsoever throughout the world and God grant that those who shall succeed them in any other New modelled-form of Government may not prove such Step-Fathers and Step-Mothers to our Churches and Ministers as to demolish the one and strip the other quite naked of all that former Livelihood and remaining small Revenues which they yet enjoy by our Princes Grants Gists Charters Laws and Favours only and thereby give all Godly Ministers and people too in our Nation just cause to cry out with wringed hands weeping eyes and bleeding hearts in the Prophets words Hosea 10. 3 4. For now they shall say We have no King because we feared not the Lord What then should a King do to us or amongst us They have spoken words Swearing falsely in making a Covenant Thus Iudgement springeth up as Hemlock one of the deadliest Poysons to destroy men in the fields Or else to speak in Solomons language to the same effect Prov. 28. 2. For the transgression of a Land many are the Princes thereof as our Land had never so many Transgressions and Princes too as now But by a Man of Vnderstanding and Knowledge and where is such a one to be found to stand up in a Gap the state thereof shall be prolonged Now the Lord raise up such a Man or Men lest God say to our Nation and all Grandees in Power as he did once to the prophane wicked Prince of Israel whose day was come Ezech. 21. 25 26 27. Remove the Diadem and take off the Crown this shall not be the same Exalt him that is Low and abase him that is High I will overturn overturn overturn Church State Laws and it shall be no more untill he come whose Right it is and I will give it him To prevent these treble fatal over-turnings with the wiping and turning of our Jerusalem UPSIDE DOWN like a Dish a certain Fore-runner of a Churches Nations ruine 2 Kings 21. 13. Psal 146. 9. I shall now in the last place present the whole Nation with a brief Catalogue of those manifold Laws Statutes which our Kings have successively made in their Great Councils and Parliaments almost from the very first establishment of Religion in our Island for the due payment of Ministers Tithes by coercive Means Forfeitures Penalties in case of willfull detaining or neglect in paying all or any part of them at the times appointed which those who please may peruse in Câ—ronicon Johannis Brompton Mr. Lambards Archaiâ—n Sir Henry Spelmans Councils Mr. Fox his Acts and Monuments John Bridges his Defence of the Government of the Church of England Book 16. p. 1350. Our Statutes at large and Mr. Rastals Abridgement of Statutes Title Tithes which Laws being well known to most learned men are therefore needlesse fully to transcribe The first of them is the forecited Law Decree of the Council of Calcuth under King Oswald and Oâ—â—a An. 787. of famous King Alfred Anno 787. of King Alfred and Gutburn the Dane cap. 9. De Decimis Deo Debiâ—u about the year 890. of King Edward the elder and Gutburn Anno 905. or 906. as some Cap. 6. in some c. 9. DE DECIMIS ET CENSU ECCLISLE RETENTIS of King Aethelstan made in the famous Council of Gratelean An 928. cap. 1. DE DECIMIS REDDENDIS tam ex Animalibus quam de fructibus terrae which this King himself duly paid and then enjoyned all his great Officers and People duly to render of King Edmond An. 944. c. 2. concluding Qui non solverit ANATHEMA ESTO Of famous King Edgar Anno 967. c. 3. DE DECIMIS Canon 54. of the Kings and Presbyters of Northumberlana made a little after that time Lex 51. of King Aetâ—elred An. 1012. c. 1 4. of King Knute the Dane An. 1032. c. 8. but 15. in some Copies De Decimis reddendis c. 11 17. and a Statute law against obstinate Detainers of Tithes there stiled JURA ET DEBITIONES DIVINAE of King Edward the Confessor about the year 1060. confirmed verbatim by William the
Conquerour in the fourth year of his Reign c. 8 9. forecited To which may be added the Great Charters of King Henry the first and King John recorded in Matthew Paris ratified by King Henry the 3d. in his Magna Charta c. 11. made in the 9th year of his Reign confirmed by above 37 Acts of Parliament since in many successive Parliaments That the Church of England shall be free now in greater Bondage than ever and shall have all her whole Rights and Liberties inviolable never so much violated diminished as now notwithstanding all Oaths Laws Covenants Declarations Protestations lately and all antient Solemn Curses and Excommunications annually made against the Infringers thereof 13 E. 1. 17 E. 3. 14. 2 H. 4. c. 4. Enacting the Cistertian Monks to pay Tithes to Ministers and Evangelists notwithstanding any Buls of Exemption from the Pope which the King and Parliament declared to be void and that the Promâ—vers or Executors of any such Buls shall be attainted in a Praemunire It appears by the Parliament Roll of 2 H. 4. nu 40. This Act was made upon the Petition of all the Commons which because not extant in print pertinent to the present business of Tithes and unknown to most I shall here transcribe at large May it please our most gracious Lord the King to consider That whereas time out of mind the Religions men of the Order of the Cistercians of your Realm of England have paid all manner of Tithes of their lands tenements possessions let to farm or manured and occupied by other persons besides themselves and of manner of things tithable being and growing upon the same lands tenements and possessions in the same manner as your other Lieges of the said Realm Yet so it is that of late the said Religious have purchased a Bull from our Holy Father the Pope by the which our said Holy Father hath granted to the said Religious That they shall pay no Tithes of their Lands Tenements Possessions Woods Eattel or any thing whatsoever although they are or shall be leased or farmed notwithstanding any Title of Prescription or Right acquired or which hereafter may be had or acquired to the contrary The which Pursute and Grant is apparently against the Laws and Customs of your Realm by reason that divers Compositions real and Indentures are made between many of the said Religioius and others your Lieges of the prise of such Tithes and also by reason that in divers Parishes the Tithes demanded by the said Religious by colour of the said Bull exceed the fourth part of the value of the Benefices within whose limits and bounds they are and so if the said Bull should be executed much more the late Petions against all Tithes and coercive Maintenance for Ministers câ—ndescended to as well your dreadfull Majesty â—s your Lieges Patrons of the said Benefices shall receive great losses in their Advowsons of the said Benefices and the Conusance which in this behalf appertains and in all times hath belonged to your Regality shall be discussed in Court Christian against the said Laws and Customes besides pray mark the prevailing reason the Troubles and Commotions which may arise among your people by the motion and execution of such Novelties within your Realm That hereupon by assent of the Lords and Commons in this present Parliament you would be pleased to ordain that if the said religious or any other put or shall put the said Bull in execution shall be put out of your Protection by due Process made in this behalf and their goods forfeited to You lost and that as a work of Charity Which Petition being read and considered was answered in the words following It is accorded by the King and Lords in Parliament That the Order of the Cistertians shall be in the state they were before the time of the Bull purchased comprised in this Petition and that as well those of the said Order as all others Religious and Secular of what estate or condition soever they be who shall put the said Bull in execution or shall hereafter take advantage in any manner of any such Bulls already purchased or to be purchased shall have Process made against them and either of them by sommoning them within a moneth by a Writ of Premunire Facias And if they make default or shall be attainted that they shall be put out of the Kings Protection and incur the peines and forfeitures comprised in the Statute of Provisors made in the 13. year of King Richard And moreover for to eschue many probable mischiefs likely to arise in time to come that our said Lord the King shall send to our Holy Father the Pope for to repeal and annal the said Bulls purchased and to abstain to make any such Grant hereafter To which Answer the Commons well agreed and that it should be made into a Statute From which memorable Record I shall desire Iohn Canne and all his ignorant deluded Disciples who cry out against Tithes and the payment of them as Popish to observe 1. That all the Commons of England in this Parliament even in times of Popery together with the King and Lords resolve the quite contrary That the exemption of any order of men from payment of their due and accustomed Tithes is Popish and that the Pope was the first and only man who presumed by his Bulls to exempt men from payment of due and accustomed Tithes to their Ministers 2ly That Popish Friers of the Cistercian Order not Godly Saints abhorring Monkerie and Poperie were the first men who sued for procured and executed such Exemptions from the Pope and that merely out of Covetousness against the express word and Law of God as our John Salisbury de Nugis Curialium l. 7. c. 21. and our Arch-deacon of Bathe Petrus Blesensis observe who tax them for it And therefore the petitioning writing endeavouring to procure a like exemption from the payment of antient and accustomed Tithes to our Ministers must be Popish and Monkish likewise infused into our New lighted Saints by some Popish Monks and Jesuits disguised under the notion of New-lights Seekers Anabaptists c. 3ly That they declare this Bull though granted by their Holy-Father the Pope whose Authority and esteem was then very great to be against the Laws and Customs of the Realm and thereupon repeal null it for the present and provide against the grant of any such Bulls for Non-payment of Tithes for the future and make the Procurers and Executioners of them subject to a Praemunire Such a transcendent Crime and Grievance did they then adjudge it to seek or procure the least exemption from payment of Tithes from any earthly Powers yea from their very Holy Father the Pope himself then in his highest Power 4ly That they resolve the exemption from Tithes though amounting but to a fourth part in every Parish would prove a great prejudice to the King and all other Patrons in their Advowsons