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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A13775	Animaduersions vpon M. Seldens History of tithes, and his reuievv thereof before which (in lieu of the two first chapters purposely pretermitted) is premised a catalogue of seuenty two authours, before the yeere 1215. Maintaining the ius diuinum of tythes or more, to be payd to the priesthood vnder the Gospell: by Richard Tillesley Doctor in Diuinity, and archdeacon of Rochester.	Tillesley, Richard, 1582-1621.	1619 (1619)	STC 24073; ESTC S117059	181,192	288

the true Ancient Catholike and Apostolike faith which is almost proper to your selfe they that boast to be called Christian Catholike may not compare with your Maiestie in this stile But J must adde another word out of the same Saint Gregory Regiam Lib. 9. ep 57 quod maioris laudis est ornatis sapientia potestatem This is your owne proper and peculiar no King can share with you in this honour you are a most learned iudicious King who with your great knowledge and admirable pen haue and doe dayly adorne your Regall power with your singular wisdome learning Rex Theologorum a King of many excellent learned Diuines and Rex Theologus a King a Diuine who are Antesignanus a leader among your great Bishops and worthy writers And which is happie for my Argument a founder a restorer an endower of Bishopricks with Tithes I beseech your sacred Maiesty let me and this poore worke of mine march vnder your Banner it will stand against all enemies if it may but carry your Maiesties name protection And so I will end with the prayer of those Fathers of the 12. Toletan Councel to God for their Prince Can. 13. Vt det amatori Christi Serenissimo Domino nostro atque amantissimo Iacobo Principi imperare clemēter regnare foeliciter habere de clementia fructum obtinere de iustitia praemium de pietate Trophaeum quo hic inuictus victor hostiū semper appareat post diuturna huius seculi curricula ad regnum aeternum cum suis omnibus coronandus perueniat praestante Deo Saluatore nostro Domino Iesu Christo qui cum patre sancto spiritu in Trinitate viuit regnat Deus in secula seculorum Amen Your Maiesties most humble seruant and Chaplaine RICHARD TILLESLEY To the Reader COurteous Reader M. Selden hath of late published a History of Tythes a Booke much perused for the rarenesse of the argument too much commended for the variety of the language and ouermuch admired for the diligence of Antique Collections And to this History hee hath added a Reuiew both to answer some priuate obiections against his book to offer some considerations wherby the wise charitable intention of his History might be conceiued Yet since to the generall preiudice of the Church both in profit and learning by preiudicate Readers they are magnified as if the Church heereby must be faine to leaue Gods interest and relie on mans bounty and yet such is their conceipt were not able to contradict the opposers I could not but offer these sodaine Animaduersions to thy iudicious consideration lest thou bee led by names and many strange quotations which thou hast not leasure or care to examine in the danger of thine owne soule to vndoe the mother of thy faith the Church By which Animaduersions when thou shalt obserue how affection in this cause hath misled the iudgement of this Historian in this by-Argument from his profession so that euen heerein both in the Grammar sense of wordes and phrases wherein as a Criticke he is iudged curious and in the relation of ancient authorities wherein as an Antiquary hee hath beene diligent besides the seuerals of his incoherent arguments he is with purpose to deceiue others himselfe deceiued Thou wilt not hazard thy conscience vpō the opinions of priuate though learned men but submitting thy vnderstanding to the iudgement of Gods Church relying vpon Gods word in obedient deuotion wilt both doe and thinke as it teacheth I know the writings of vs Cleargie men vpon this Theame haue vsually preiudice with the Layety as if our motions proceeded from desiring theirs rather then them although wee neuer so much protest with Saint Augustine Non quaerimus vestras opes sed vestram iustiti●m Or Serm. de temp 219. In Ps 103 concion 3. de parte secunda Non ideo dico vt ista fiant in me We desire not your wealth but your righteous dealing Or I speake not this in my owne behalfe or Lib. 1. ep 36. with P. Cluniacensis Nec tam ad scribendum coegerunt lucra decimarum quam damna animarum Not so much the gaine of Tythes as the losse of soules haue enforced vs to write Yet howsoeuer that duty which we owe vnto the soules of men not to suffer the people of God to follow strange opinions which either may diuert them from the true faith or morall obedience of his word as it hath prouoked many so hath it also incited me to the refutation of this booke whereupon the Sacrilegious practise of these dayes may seeme to ground the deniall of the right of God and by such questioning of the Quota would denie the Tota Whereas indeed the Totum of what they are haue or hope for Ep. 28. might bring them to that consideration of Gerbertus Quid est quod das aut cui das nempe ex multo m●dicum ei qui omne quod habet gratis dedit What is that which thou giuest O man or to whom dost thou giue To wit little of much and that to him who gaue all that he had freely Chrysol ser 103. And so in expectation of a blessing For Certe si non damus si non accipimus non queramur Surely if we giue not let vs not grumble if we receiue not Let them prooue obedient sonnes for Idem serm 10. Reuera filium se nescit visceribus caret naturam negat ingratus est patri qui authorem vitae suae non obsequijs placat non deuincit cultu muneribus non honorat Hee forgets himselfe to bee a sonne is vnaffectionate vnnaturall vngratefull to his father who doth not please the Author of his life by obseruance doeth not endeare him by his seruice doth not honour him with presents And acknowledging aliquam partem offerendam esse that some part is to be offered they should rather allow Gods claim and the Churches challenge the Lawes ordinance reason and natures proportion the Type of mans duety and all this and more is true Tythes then be contentious or scrupulous vnder the patronage of such a booke which how insufficient it is to say no more I submit to thy censure and with it my selfe Yet lest any thing in the ensuing Animaduersiōs might either seem difficult or procure preiudice may it please thee to be aduertised Where in the Booke any thing is sayd to bee confessed or produced by the Author and some number of a page is added the number hath reference to his booke not to mine When thou obseruest Quotations which he citeth out of Benedictus Leuita not answered by that name but by the name of Capitulars the Fifth Sixth or Seuenth Booke Know that they are all one the three last Bookes being by him collected and the first foure by Ansegisus Which I admonish lest thou as my selfe mayest be deceiued in name with what thou knowest in substance As also that Adreualdus

profitably be ouer the people of God But let the Bishops haue that authoritie that in no Churches neither Priests be admitted or from them be expelled without the aduice and consent of the Bishop c. Out of which appeareth the case to be tumultuarie wherein the prouidence and admonition of the Bishop was to be vsed to bring in one Priest Canonically and that was by his approbation as before or his authority to vnhallow the Church and seale vp the doores whereby all the Patrons right might be euacuate for the present Animad 33 The other two quotations plainely may declare the vse of the former and that to be euen quite contrary to his opinion For both c. 17. Lateran sub Alex. 3. doeth expresse the seuerall presentations to the Bishop Cum vna Ecclesia vnius debeat esse Rectoris pro sua defensione plurimos repraesentent Whereas one Church should haue but one Incumbent by reason of their Patronage they present many Whereby his argument of Inuestiture is fallified against which the whole Councell is most opposite Animad 34 And the other in the Addition part 15. cap. 7. saith Episcopus inuestiuit The Bishop did inuest them at the presentment of an Earle of Hereford and that is not a case of Coparceuerie but such as for case A. marrying B. hath by B. the Patronage of the Church C. which Church by the Bishops consent is giuen to a Monasterie B. being diuorced from A. is married to D. D. and B. would deuest the Monasterie and interest the Parson without consent nay D. dying B. married to E. and would maintaine the Parsons right and so vpon change of the Patrons change the possessour This case is not like yet neither the Monasterie nor Parson were interessed by Lay inuestiture Animad 35 From the Patronage though no such challenge of Inuestiture it may be those Droicts Honorisiques des Seigneurs es Esglises as precedences seats c. did proceede as hee seemes to expresse them pag. 394. or from the olde infeodations Pag. 90. But he saith from Inuestiture came the custome remaining in diuers places especially in France whereby the Incumbent hath not for himselfe aboue a small part of the Tythes à Canonica portio at the arbitrarie disposition of some spirituall Patron who take the rest to his owne vse and for this citeth Extr. Tit. de praebendis c. 30. de Iure patronatus cap. 25. Sext. Tit. de Praebendis c. 1. suscepti Animad 36 But obserue the falshood of the Author neither quotation of the Decretals mention or intend the claime of any spirituall Patron But in the first Extr. de Praebendis c. 30. Extirpandae from the reason of the Apostle hee disprooues the custome saying Consuetudine qualibet Episcopi vel Patroni vel cuiuslibet alterius non obstante Any custome of Bishop or Patron or of any other notwithstanding Where Episcopus and Patronus are distinguished And in the 2. Extr. de Iure patronatus cap. 23. praeterea That is absolutely of Lay-patrons or Aduocates or Vidames or Gardians who are commanded vt nihil in ipsis Ecclesiis praeter antiquos moderatos redditus à locorum Episcopis institutos exigerent That they should not exact from the Church any thing but the ancient moderate reuenue instituted by the Ordinaries Where obserue that not by the patronage but by allowance and ordination of the Ordinarie they had any right with what confidence therefore are falsities produced But in deed in sexto Tit. de Praeb c. suscepti There some exempt Religious in their Approbations which they had not pleno iure but were presentable by them what by the negligence of the Bishop not requiring the assignation of a competencie at the Institution of the Clerke as also through the couetousnesse of themselues did assigne too insufficient meanes to their Curates Wherefore Clement the 3. conceiuing how by this meanes no worthy persons would accept such Cures to the damage of soules hee doeth strictly decree and command that neither their Exemption nor any custome of any other religious Patrons notwithstanding the Bishop should interpose his authoritie to inforce the assignation of a competencie This custome therefore as condemned vpon such reason did likely cease But obserue this to be in Appropriations for as such the Religious had them so that they were more then Patrons But this he made his transition to denie the Bishops authoritie to dispose of all Tythes in these middle times as some falsly say although many Canons did but the practise of the time was contrarie saith hee Animad 73 In Tythes where Parochiall right was not setled as also in Tythes de Noualibus of new Improuements by culture not assigned may appeare P. vlt. c. 40. Addition ad Concil Later and himselfe confesseth for the practise that they did belong to the Bishop and no more did any Canons require for the absolute interest of the Bishop but for the iurisdiction and necessarie consent in any voluntarie conueyance of them by any the Canons were in generall as the practise and the particular of the Arch-bishop of Saltzburg was of Tythes which were not Parochially setled Pag. 102. as himselfe afterward prooueth out of Greg. 7. Regist. lib. 2. epist 77. So that therein he had authoritie to allot what part he would as Ordinarie not as Patron Concerning Inuestiture hee addeth that it was Pag. 91. not onely in bestowing parish Churches but in Monasteries and Bishopricks the like was but the increasing power of the Clergie tooke it away wholly in lesser Churches sauing that in Collation of free Chappels Prebends or other Benefices without parochiall Cure according to the Droict de Regale of the Kings of England and France especially and altered it in Bishopricks Animad 38 That the Challenge of Inuestiture was in Bishoprickes and Monasteries as well as parish Churches is true nay first and chiefly for in those times wherein was no Inuestitures of parish Churches the Popedome and Patriarchates by the consent of the Emperour were disposed Nay in St. Gregories time vntill Constantinus Pogonatus remitted it to Pope Agatho there was money paide for the ordination of the Pope to the Emperours Papyrius Masson in Agathone Pag 312. Pag. 417. Ep. ● 4. 8. 21. 91. And as for Bishoprickes in France in the time of Agobardus who pointeth at it and Florus added to his workes where they both reprehend the vse But Fulbertus he acknowledgeth it St. Wulstans Inuestiture by Edward the Confessor in England is miraculous in Matth. Paris And this custome without alteration that may impaire the praerogatiue of the King euen still continueth There praeceded a Congè de Estire Ep. 282. whereof St. Bernard speaketh before Election Ep. 52. and Thomas Becket amongst Ioan. Sarisburiensis his Epistles commands the Chapter Honesta Legatione de Collegio vestro transmissa praeces ei deuotione debita porrigentes vt Canonicè eligendi vobis pastorem