of the Primitiue Church receyued them would néedes séek out how and in what right and in what quantitie this prouision belongs vnto the Church wherein they did by their ouermuch subtiltie rather confound the trueth than make that appeare they intended to doe By the first of these was brought in that great prescription which is called the Prescription beyond the Lateran Councell whereby Lay men held Tythes in sée wythout paying any thing therefore vnto the Church and out of that issued the rest of those pettie Prescriptions which we now haue which are nothing else but imitations of the first By the second came in Priuiledges Customes and Compositions or if they came not in wholly by them yet surely were they much strengthned by them but of eyther of these after in their places But for that of all these forenamed greeuances in the Church as far as my trading serues mée Prescription is the eldest and first rusht into the Church and violated the Liberties thereof I will first begyn thereby and shew vpon what occasion it first seysed vpon the Church and preuailed against her and then will I speak of the rest in order It is out of question that from the time of Origen who lyued within fower score yeares after the death of Saint Iohn the Euangelist as also did Cyprian who was his coequall in tyme and so along by the ages of Chrysostome Ambrose and Augustine and some of the purer Popes as Vrban the second Dyoâ—isius and Gregoue the great there was good vse of Tythe in the Churches where Christian Religion was imbraced as may appeare by euery of their testimonies that God had not appointed it to be a prouision onely for such as serued at the Altar vnder the Law but also was purposed by him from the beginning to be a maintenance for the Ministerie vnder the Gospell and therefore Origen in his xi Hemily vpon Numbers speaking of Tythes sayth thus I hold it necessarie that this Law or precept be obserued according to the letter and vpon the 22. of Mathew he thinketh Christs words vttered there as concerning Tythe to be a precept no lesse necessarie for the vse of Christians than they had bin for the Iewes and therefore he accounteth Tythe neyther ceremoniall nor Iudiciall but morall and perpetuall Cyprian in his lxvj Epistle aduiseth the Clergie of his time since they had Tythes allotted vnto them for their maintenance they should not absent themselues from Gods seruice Chrysostome vpon the viij of the Actes vseth this argument to persuade husbandmen to pay theyr Tythes truely vnto the Church that it is good for them so to doe for that there are continuall prayers and intercessions made for them by the Ministerie Ierome vpon Tymothy sayeth The precept of payment of Tythes is aswell to be vnderstood in the Christian people as in the Iewes Reade Ambrose vpon his Lent Sermon and Augustine vpon his xliiij Homily and Gregory vpon his xvj Homily and you shall finde no lesse plaine places for the continuance of the payment of Tythes among the Christians than the former were Adde to these the practise of Dionisius himselfe who by Ieromes account flourished in the yeare 266. who not only diuided out Parishes drawing the example thereof from Saint Paul who first appointed Bishops in Cityes but also assigned orderly to euerie Parish his Tythes All which held in the Christian common wealth in a decent and comely sort vntill the irruption of the Hunnes Goathes and Vandals vpon the Christian world who first inuading Italy vnder the Emperour Iustinian did for many yeares so harrow the whole Countrie and specially Lumbardie as that they left not almost a man of excellent Religion any where vnpersecuted ouerturned Churches burnt Libraries ouerthrew Schooles of learning and to be short what wickednesse did they not insomuch as Gregorie the great being otherwise a verie good man and one that did relye himselfe vpon the prouidence of almightie God verily thought and taught that the end of all things was then come but after those fierce and barbarous Hospinlandâ—â—r g. nâ—m 〈◊〉 people once set theyr face to goe against France which had beene hitherto free from that mundation which happenned in the daies of King Theodorick who liued about the 650. yeare of the Incarnation of our Sauiour Iesus Christ Charles Martel the father of Pippin after king of France being then great master of the kings house would not although otherwise he were a very victorious man and valiant Captaine oppose himselfe against them vnlesse the vnder-clergie of France would be content to resigne euery Gagniâ—â—â— lib. 4 Histor Fraâ—â— man his Tythes into his hands that thereby he might reward the Souldiour and support the charges of the war then present which the poore Clergie in respect of the eminent danger and for that Charles Martell himselfe did solemnly vow and promise that they should bee forborne no longer than for the time of the war and that they should be restored vnto them againe at the end of the war with a further gratuitie for their good wil yeelded most willingly thereunto specially the Bishops not contradicting it leauing to themselues a small portion of their liuing only during the time of the daunger Whereupon Charles Martell vndertaking the enterprize get a mightie great victorie against the enemies insomuch that hee slew in one battaile 34500. of the Infidels which battaile being happily atchiued and the danger of the war being past the poore Clergie men hoping to receiue againe their Tythes according as it was promised them by Charles Martell they were put from the possession thereof and say or doe what they could their benefices were diuided before their face in recompence of their seruice to such of the Nobilitie as had done valiantly in that action and the same assured to them and theirs for euer in fée And this is the first violence that euer Tythes suffered in the Christian world after they left the Land of Iurie and came to inhabite among the Christians which albeit was a nefarious act and nothing answerable to the late mercie that God had vouchsafed them in conquering of their enemies yet there wanted not like sacrilegious mindes in all Christian Lands which did imitate this wicked fact of Martellus insomuch as the example hereof passed ouer the Alps into Italy and mounted aboue the Pyrenie Hils into Spaine and within short time after sailed here into England in such sort as that euen to this day sundry Monuments thereof appeare euerywhere in the Land where any tytle of immunitie is challenged from payment of Tythes reaching beyond the Lateran Councell whith can descend from no other head than from this fact of Charles Martell neither was there any redresse thereof vntill the said Lateran Councell before mencioned which notwithstanding came néere fiue hundred yeares after for this fact of Martellus was done about the six hundreth and threescore yeare after the Natiuitie of our Sauiour Iesus Christ but
howsoeuer the refusal be or be not they grant out their Prohibition in these cases And yet if the Iudges Ecclesiasticall procéedings might be séene and vouchsafed to be read before them it would bee plaine there were no such cause of their hard opinion against them for euerywhere they doe allow such like allegations And if perhaps one inferiour Iudge shold make refusal as they pretend yet could it not be reformed by another in an ordinarie course of appeale but that there must néeds be brought a Prohibition out of the Common law to redresse the same vnlesse happily they can shew it is a generall conspiracie in the Ecclesiasticall Iudges or a Marime in their learning that they will not or cannot admit any Plea of discharge in this case which they can neuer doe And therefore they are to be intreated to change their opinion in this point and doe not the Ecclesiasticall Iudges that wrong as to charge them with such an imputation whereof their whole practise is witnesse to the contrarie for it is vnworthy such mens grauitie as theirs is who propound vnto themselues the inquirie of the truth in all matters thus to be misconceiued and masked in an errour and that for so many yeares and not to bee willing to heare the contrarie which is an obstinacie in policie no lesse indurat than the Papists is in Religion who see the truth and will not beleeue it And so far as concerning Prescriptions and the first cause and beginning thereof Now it followeth I speake of Priuiledges which are immunities graunted vnto priuat men beside the Law Of these some are very auncient such as true zeale toward the Church bred and the iust admiration of the holy men of God for their sanctimonie of life their great knowledge in the word of God their great patience in persecution for Christ and his Gospell the vigilancie and care they had in their Office stirred vp both in Prince and people So Constantine the great being rauished with the loue of Religion and the good opinion he had of the Ministers of his time erected Churches and endowed them with large possessions and graunted them sundry immunities whereby they might more securely intend to the preaching of the word of God and the winning of soules to the Christian congregation wherein they laboured with all their might and power God still adding to the number of the Elect. Neither did he this alone in his owne person but he also gaue leaue to all other of his subiects that would doe the like whereupon L. 1. C. de sacros Ecclesiis §. si quiâ— authent de Ecclesia the Church was so inriched within a short time that as Moses in the building of the Arke was faine to make Proclamation no man should bring in more towards the building thereof the people bringing in continually such great abundance of all things necessarie towards the furnishing thereof as that there was enough and much to spare So also Theodosius the thirtéenth Emperour after Constantine although otherwise a most louing and fauourable Prince towards the Church was faine to make a Law of Amortisation or Mortmaine to moderate the peoples bounty towards the Church as did also many wise Princes in other Nations vpon like occasion and in imitation of this Act of Theodosius many yeares after and among the rest diuerse Magna charta cap. â—6 W. 1. 〈◊〉 31. an 13. Eâ— 1. Princes of this Land did the like vpon the dotage of the people towards the Religious Parsone specially towards the foure Orders of Friers that were then newly sprung vp in the world But yet this Act of Theodosius was done with the great dislike of these blessed men Ierom and Ambrose who liued in those daies for that Ierom thus complaineth of that Law to Nepotian I am ashamed to saie it the Priests of Idols Stage-players Coach-men and Common Harlots are made capable of Inheritance and receiue Legacies onely Ministers of the Gospell and Monkes are barred by Lawe thus to doe and that not by persecutors but by Christian Princes neither doe I complayne of the Lawe but I am sorie wee haue deserued to haue such a Law made against vs In like manner and vpon the same occasion doth Ambrose deplore the state of the Clergie in his one and thirtieth Epistle Wee count it saith hee no iniurie in that it is a losse wee are not grieued that all sorts of men are made capable of Wils none excepted how base prophane or lauish of his life or honestie soeuer hee bee but I am sorie that the Clergie men only of all sorts of people are bard the benefit of the Law that that is common to all who notwithstanding onely pray for all and doe the common celebration of the Seruice for all So far they And yet whosoeuer lookes into this constitution whereby it was forbidden that any man should passe any Lands or other immoueable possession vnto the Church without the Princes leaue for that thereby the things that are so passed come as it were into a dead hand which holdeth surely fast that it once apprehendeth neither easily parteth with it so that it cannot without much difficultie bee reduced and brought againe to the commerce and common vse of men shall find it was rather for the benefit of the common wealth than for the dislike of the Church it was so ordered For if that course had béene holden on still the greatest part of the liuelyhood of the common wealth woule in short tune haue come vnto the Church and so Lay men should not haue béene able to haue borne the publicke burthens of the common wealth which it concerns Seculer Princes to be carefull of and to foresée that by ouermuch bountie towards the Church they impouerish not their owne state and loose the rights of Escheats Primer season and other Priuiledges of the Crowne in cases of forfaiture and specially make bare their Lay subiects vpon whom a great seruice of the common wealth doth lye And yet otherwise the beneficiallest state of this Realme vnto the Prince is the Clergie as from whom the King hath a continuall reuenew in Tenths and is déepest in Subsidie and not the least in all other extraordinarie charges according to the proportion of their place And therefore as the King is to maintaine the one so he is also to cherish the other and not to suffer their state in any sort to be diminished for that all other states are made for the seruice of the Church and the Church again for the benefit of them But this was none of those Priuiledges I spake of for these are more auncient than they and graunted out vpon better deuotion than the other but after this the zeale of Religion being almost extinguished in the Christian world partly by the great vproars and tumults that were in euery Country by the influence of one barbarous Nation or other into them who pulled downe Churches faster than euer they were built
and made hauock both of Priest and people that professed the name of Christ partly by the heresies that rose euery where in the Church in those daies which distracted mens minds and made them wauer in the constancie of their Religion it was reuiued againe vpon this occasion One Benedict who otherwise had béen a man of action Hospinian de Origine Monachatuâ— in the Common wealth that Benedict which was as it were the Father of all those that professed a Regular life within the West part of Christendome for before his time the Monkes of the West Church serued God fréely abroad without being shut vp in a Cloister he I say finding himselfe wearied with the tumults and broyles which hapned vnder the gouernment of Iustinian and some yeares after by the incursion of those barbarous Nations before named into Italy retired himselfe into a desert and solitary place intending there to giue himselfe wholy to the seruice of God where when he had a while remayned he grew so famous by his Christian exercises of fasting and prayer and the good and holsome exhortations that he made to those that resorted vnto him that within a very little time after there was great confluence of people vnto him not only from diuers parts of Italy but euen from sundry other parts of the world so that within a short time they grew into fraternities vnderneath him to whom he gaue rules to liue by to the imitation of that that Saint Basill did in the East Church to which his disciples submitted themselues with all alacritie leading a life far different from the common sort of men denying vnto themselues all those ordinary delights that other men doe commonly take out of meat drink apparell mariage Temporall preferment such other things which wordly and carnall men séeke for verie gréedily humbling themselues only to God and the rule of their Master Which thing bred such an admiration of him and of his Schollers that not only many other orders sprang out from them within few yeres as the Premonstratenses Clunacenses Templarians Hospitallers Cystertians and the order of Saint Iohns of Ierusalem but euen Popes Princes and people were wholy carried away with the wonderment of them insomuch as euery of them did as it were striue who might shew themselues most kind vnto them whereupon Princes built them houses euery one in his kingdome as Clito Ethelbald king of Mercia buylt the Monasterie of Crowland here in England of black Monks vnder the rule of the said Benedict in the yeare 716. Popes and Princes graunted them priuiledges so far as it concerned eyther of their particulers the Clergie Nobilitie and People conferd goods and lands vpon them euery one according to his abilitie In this zealous bountie of euery degrée towards these new sort of men there were two vndigested Priuiledges graunted them both of them so hurtfull and iniurious to the Church of God as neuer any was the like The one was the annexation or appropriation of presentatiue Benefices to these Religious houses The other the fréeing of such lands or hereditaments as they held in sundry Parishes from the payment of Tythes to the Parsons and Vicars thereof to both of which the Scholmens diuinitie gaue great aduantage as shall be shewed hereafter Eyther of these had their beginning of one roote that is to say of this false ground that Preaching which is the most true and most naturall foode of the Soule in a congregation that is come to the profession of Religion already knowes but onely the Articles of the Christian Faith the Lords Prayer the ten Commaundements and other principles and Rudiments of Christian Religion is nothing so necessarie for the saluation of a mans Soule as Prayer is beside that preaching oftentimes giues more cause of Schisme and dispute in Religion than it doth of profiting edifying the Soule and therefore it was not permitted by the Prouinciall constitutions of this Realme that Parsons or Vicars Linwood puin eisdem de offiâ— Arâ—hidiaconiâ— et ca. ignorantia Sacerdotum de officio Archipresbyteri of Churches should expound or preach any other matter or doctrine than the Lords prayer the ten Commaundements the two precepts of the Gospell that is the loue of God and the loue of a mans Neyghbour the sixe works of Mercie the seuen principall Vertues the seuen Sacraments for so many then the Romish Church held the seuen deadly Sinnes with their progenie and this to be done vulgarly and plainly Absque cuiuslibet subtilitatis textura fantastica for so they call learned and orderly Preaching whereas notwythstanding Prayer is euermore profitable euery where necessarie and neuer dangerous Furthermore Preaching onely profiteth those that be present and doe heare it and attend vpon it but Prayer is auailable euen to those that be far distant yea though they be in the remotest place of the world By which and other like arguments they translated away that maintenance that was prouided for the home Pastors who by Gods owne institution were to watch ouer their Soules to forrein and strange Guids who neuer communicated to their necessitie in any heauenly comfort but only tooke the milke of the flock and fed themselues withall But by this pretence of theirs ought not Preaching to haue béen disgraced for albeit Prayer be a necessary péece of Gods seruice and so necessary that the Soule of man is as it were dead without it yet is it not equall to the dignitie of Preaching which God hath ordeyned to be the onely meanes to come to Saluation by for Faith comes by hearing and hearing by the word of God and without Faith it is impossible to be saued for Faith is a gift that purifies the hart and makes a mans prayers acceptable to God and therefore neyther of them ought so to take place as that the one should shoulder out the other but they ought so to go hand in hand together as that one should help assist and countenance thother But how these annexations of Benefices first came into the Church whether by the Princes authoritie or the Popes licence it is verie disputable and there are reasons on both sides for to shew the same For whereas there are reported by Ingulphus Abbot of Crowland before mentioned to haue bin viij Churches beside the Patronage of some other annexed and appropriated to the said Abbey by sundry Saxon Kings it doth not appeare by oght that I can find whether they were done by the soueraigne authority of the kings alone to the imitation of that that was done by Martellus who made all Christian Kings to sinne in this point or that it was done by any other Ecclesiastical authority for that there is nothing extant for the allowance thereof saue the seueral Charters of those auncient Kings only and that I should be rather induced to beléeue that it was done by those Kings authoritie only I am thereto persuaded that I find William the Conqueror immediatly vpon the