of their heavy burdens preventing Troubles usuall in separation hindering costly Suits formerly multiplied wherein Christs Minister had sometimes the hap or favour of Justice and to get the better of his wrangling adversarie that will remove the ancient Land-mark will remove any they which complain of this Imposition may ere long think others heavy that will unsettle one property will unsettle another None is more rooted then this hath its armes and fibres dispersed through the whole body of the Laws Common Law Canon Law the Statutes the Conquerours S. Edwards King Edwards the one past the other to come and hath indeed over-lived all the mutations and revolutions of State that have been ever since here we have account of any thing Good Englishman take heed in time thy lot is fallen to thee in a fair ground yea thou hast a goodly heritage if thou canst be contented thankfull quiet serve God and give every man his his Due Gen. 34. 21. As Hamor and Shichem to the sons of Jacob The Land behold it is large Here is enough for every one if we can do as we would be done unto give every man his Own and suffer the Law to be master and onely safe Rule to walk by I am thine own flesh and bloud and cannot but love thee yea my self in thee with such tears of love I beseech Let no grating Incroachments procure mutual Trouble and molestation Let not cruelty covetousness self-love pride malice discontent or pining envy that another man should have more then our selves that another should have as much as our selves that Gods Minister our Governour in the Lord should have an Own with us his known and granted Due prevail least we wrap him with our selves in misery and wo and all together in rage fury trouble war and by these wofull steps at last temporal if not eternal confusion If the publick had passed any thing to the contrary This would alter the case But I speak as Things are CHAP. XXIV THere remaineth yet one Statute more the last direct He that reades the former and considers their plain open and full Contents would scarce think it requisite their plainness should have an exposition or their fulness and sufficiency could need any supplement but men love the things of this World Dearly if any evasion be to be made from parting with the love of their souls they will finde it Call they the things of this World Goods their fears hopes cares desires and all the affections of their souls shew an higher price in their estimation as Best and loath to depart they sing for Religion Gospel the Service of God and to redeem the acknowledged Ordinances of Heaven from the land of utter forgetfulness Such is their worldly mindedness I speak not of all but so many there were heretofore as made it needfull to add what young King Edward did and by the advice and Authority of his Parliament to make yet stricter provision that former good Laws should not be perverted though 't is complained His is since as much perverted as any and men might not withdraw their Dues upon any occasion This was done soon after he began his Reign and in the words following Whereas in the Parliament holden at Westminster the fourth day of February In what manner Tythes ought to be paid 2 3 Ed. 6. c. 13. the seventéenth year of the late Hen. 8 there was an Act made concerning paiment of Tithes predial and personal and also in another Parliament July 24. in 32 Hen. 8. another Act was made concerning true paiment of Tithes and Offerings in which severall Acts many and divers things be omitted and left out which were convenient and very necessarie to be added to the same In consideration thereof and to the intent the said Tythes may be hereafter truly paid according to the minde of the makers of the said Act Be it ordained by the King our Soveraign Lord with the assent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authoritie of the same That not onely the said Acts made in the said 27 32 of Hen. 8. concerning true paiment of Tithes and every Article and branch therein conteined shall abide and stand in their full strength and virtue but also be it further enacted by Authoritie of this present Parliament that every of the Kings Subjects shall from henceforth truly and justly without fraud or guile divide set out yéeld and pay all manner of their prediall Tythes in their proper kinde as they rise and happen in such manner and form as hath béen of Right yéelded and paid within fourty years next before the making of this Act or of Right or Custom ought to have béen paid And that no person shall from henceforth take or carry away any such or like Tythes which have been yéelded or paid within the said fourty years or of Right ought to have béen paid in the place or places tythable of the same before he hath justly divided or set forth for the Tythe thereof the tenth part of the same or otherwise agréed for the same Tythes with the Parson Vicar or other Owner Proprietarie or Fermour of the same Tithes under the pain of Forfeiture of treble value of the Tithes so taken or carried away And be it also enacted by the Authoritie aforesaid that at all times whensoever and as often as the said prediall tithes shall be due at the â—he tithing time of the same is to be 1 In continuance of care the might be for remedying that 〈◊〉 mentioned to be redressed and was redressed by the Provincial of Sim. Mepham before Cap. Quia quidam tit de decimis Vid. Sup pa. 136. 171. lawful to every partie to whom any of the same tithes ought to be paid or his Deputie or servant to view and sée their said tithes to be justly and truly set forth and severed from the 9 parts and the same quietly to take and carrie away And if any person carry away his Corn or Hay or his other predial tithes before the tithes thereof be set forth or willinglie withdraw the tithes of the same or of such other things whereof predial tithes ought to be paid or do stop or let the Parson Vicar Proprietarie Owner or other their Deputie or Fermours to view take and carrie away their tithes as is abovesaid by reason whereof the said tithe or tenth is lost impaired or hurt that then upon one proof thereof made before the Spiritual Judge or any other Judge to whom heretofore hee might have made complaint the party so carrying away withdrawing letting or stopping shall pay the double value of the tenth or tithe so taken lost withdrawn or carried away over and besides the costs charges and expences of the suit in the same the same to be recovered before the Ecclesiastical Judge according to the Kings Ecclesiastical Laws And Be it farther enacted by the Authoritie aforesaid That
all and every person which hath or shall have any Beasts or other Cattle 〈◊〉 going féeding or departuring in any waste or common ground whereof the Parish is not certainly known shall pay their tithes for the increase of the said Cattle so going in the said Waste or Common to the Parson Vicar Proprietarie Portionarie Owner or other their Fermours or Deputies of the Parish Hamlet Town or other place where the owner of the said Cattle inhabiteth or dwelieth Provided always and be it enacted by the Authoritie aforesaid that 〈◊〉 person shall be sued or otherwise compelled to yéeld give or pay any manner of tithes for any Mannors Lands Tenements or Hereditaments which by the Laws and Statutes of this Realm or by any Priviledge or Prescription are not chargeable with the payment of any such tithes or that be discharged by any composition reall Provided alwaies and be if enacted by the Authoritie aforesaid that all such barren heath or waste ground other then such as be discharged for the payment of tithes by Act of Parliament which before this time have lain barren paid no tithes by reason of the same barrennesse and no to be or hereafter shall be improved and converted into arable ground or meadow shall from henceforth after the end and term of seven years next after such improvement fully ended and determined pay tithe for the Corn Hay growing upon the same Any thing in this Act to the contrarie in any wise notwithstanding Provided alwaies and be if enacted by the Authoritie aforesaid that if any such barren waâ—te or heath ground hath before this time been charged with the payment of any titheâ— and that the same be hereafter improved and converted into arable ground or meadow that then the owner or owners thereof shall during the seven years next following from and after the same improvement pay such kind of tithâ— as was paid for the same before the said improvement Any thing in this Act to the contrary in any wise notwithstanding And be it farther enacted by the Authoritie aforesaid that every person exercising Merchandises Bargaining and Selling Cloathing Handicraft or other Art or Facultie being such kinde of persons and in such places as heretofore within these fortie years have accustomably used to pay such personal tithes or of right ought to pay other then such as have béen common day-labourers shall yearlie at or before the Feast of Easter pay for his personall tithes the tenth part of his clear gains his charges and expences according to his estate condition or degree to be therein abated allowed and deductes Provided And be it also enacted by the Authoritie aforesaid that if any person refuse to pay his personal tithes in form aforesaid that then it shall be lawful to the Ordinarie of the same Diocesse where the partie that so ought to pay the said tithes is dwelling to call the same partie before him and by his discretion to examine him by all lawful and reasonable means other then by the parties own Corporal Oath concerning the true payment of the said personal tithes Then after a Proviso about Easter-offerings Provided also and be it enacted by the Authoritie aforesaid that this Act or any thing therein contained shall not extend to any Parish which stands upon and toward the Sea-coasts the commodities and occupying whereof consisteth chiefly in fishing and hath by reason thereof used to satisfie their tithe by Fish but that all and every such Parish and Parishes shall hereafter pay their tithes according to the laudable customes as they have heretofore of ancient time within these fortie years used and accustomed and shall pay their offerings as is aforesaid Provided always and be it enacted by the Authoritie aforesaid that this Act or any thing therein contained shal not extend in any wise to the Inhabitants of the Citie of London and Canterbury c. And be it further enacted by the Authoritie aforesaid that if any person do subtract or withdraw any manner of tithes oâ— ventions profits commodities or other duties before mentioned or any part of them contrarie to the true meaning of this Act or of any other Act heretofore made that then the partie so subtracting or withdrawing the same may or shall be convented and sued in the Kings Ecclesiasticall Court by the partie from whom the same shall be subtracted or withdrawn to the intent the Kings Iudge Ecclesiasticall shall and may then and there hear and determine the same according to the Kings Ecclesiasticall Laws And that it shall not be 1 How then have suits been ordinarily and at first instance commenced where they have been lawful unto the Parson Vicar Proprietarie Owner or other their Fermor or Deputies contrarie to this Act to convent or sue such withholder of tithes obventions or other duties aforesaid before any other Iudge then Ecclesiasticall And if the sentence given finde not obedience the partie to be excommunicate in which state if he stand fortie daies upon Certificate into the Chancerie to have the Writ sued out De Excommunicato Capiendo c. And before a Prohibition granted the Libel to be shewed to the Iudge c. whose hands the Ecccles Iudges are after bound he shall not hold plea of any matter cause or thing being contrarie repugnant to or against the intent effect or meaning of the Statute of West 2. cap. 5. the Statute of Articuli Cleri Circumspectè Agatis Sylva Caedua the Treatise De Regia Prohibitione ne against the Statnte of 1 Edw. 3. cap. 10. as 't is printed but it seems to be rather from the second Parliament of 1 Edw. 3. ca. 11. ne yet hold plea of any thing whereof the Kings Court of right ought to have Iurisdiction Any thing therein contained to the contrary in any wise notwithstanding Except for tithe of Marriage goods in Wales I have given this the more fully because it seemeth the last direct binding law and though it be at top the bottome whereon all is settled But so is it not There is that lays five times deeper as hath been shewn and the axe must be laid to the root of the tree even the bottome of all Law with us and more then 500 years deep before the utmost can be reached here which every private man should do well to think of that dares give his thoughts scope to deliberate about eradication What is it to go down so low and strike at those humours by strength of Physick that have their sediment at the Root of Nature Galens hand trembled the day before he gave his Rubarb foreseeing thereby the violence he must offer to the whole by pulling away a part and to fetch some superfluities away the Body must be shaken If vigour of nature should not here meet to assist no less danger or fear then which it might import to think of purging out so settled corruptions if tythes be such and not as many take them very wholesome juices But to
much nothing is begun and perfected at once the story is plain the questions sent to Rome of which we have account were the first return of Austines success and petition for supply of Councel thence and so might prevent what was after done and it be too soon there to mention what was not till after granted 3. And the first of those questions was onely of oblations as a part and whereof might be the greatest doubt not exclusive of other things 4. Neither were those oblations all that was positively for Austine had then other things so that expression not so full and comprehensive as to infer any thing from it as compleat For the King had given him 1 Dedit ergo eis mansionem in Civitate Dorovernenst quae imperii sui totius erat Metropolis Eisque ut promiserat cum administratione victus temporalis licentiam quoque praedicandi non abstulit cap. 25. good intertainment at first no doubt continued and 2 Nee distulit quin ipsis suis doctor buâ— locum sedis eorum gradui congruum in Dorovernia Metropoli sua donaret simul necessarias in diversis speciebus possessiones conserret id cap. 26. afterward befitting his degree as one to whom he had intrusted his soul another place 3 Donatusque à Regeurbe regia Cantuaria in Episcopalem fedem aula Regia in Ecclesiam Cathedralem Christo erigendam sic ut aemulari Rex videtur quod ab Imperatore Constantino Magno factum perhibent Vita sancti August apud D. Spelman Concil p. 91. I think his own palace in Canterbury with needful accommodations of severall sorts What those Necessariae in diversis speciebus possessiones were I know not I beleeve they could not be comprehended within the oblations in the question mentioned and so that not comprehensive of all was allowed 5. 'T is yet liker they were Tythes in specie for King Alured seems to have borrowed such a law from this King My reason is because when after he composed a body with a preface as from Leviticus wherof one branch is for Tythes he says of the whole that he thought it 4 Has ego Aluredus Rex sanctiones in unum Collegi atque easdem literis mandavi quarum bonam certè partem majures nostri Relâ—giosè coluerunt multa etiam c. Ac quoniam temeritatis videatur exsuis ipsius decretis quenquam plura literarum monumentis consignare tum etiam incertum sit qualem apud posteros habitura sint fidem quae nos magni facimus quaecunque in Actis Inae gentilis Mei Offae Merciorum regis vel Etheiberti qui primus Anglorum sacro tinctus est baptismate observatu digna deprehendi ca collegi omnia reliqua planè omisi Lamb. Arch. p 22. Spelm. Concil p. 363. too great presumption for him to attempt any such thing first anew and therefore he modestly borrowed with the advice of his Councell from his Ancestors Ina Offa and this Ethelbert Qui primus Anglorum sacro tinctus est Baptismate the first of Christians Now for Ina we are sure enough of him by the laws extant he had none such if Offa had then either this was that Alfred related to or it was not If it were then has Offa's Law much confirmation in this of Alfred If it were not there could be no other to relate to but this of Ethelbert 6. Yet more likely for that before Any other Act passed this of Offa or any other that we read of here were tythes said to be paid For 5 In an Epistle to Cuthbert Archbishop of Canterbury de corrigendis vitiis Anglorum about the year 745. id pag. 240. Boniface Archbishop of Mentz blames the then Clergy here for neglecting their Cures yet Lac lanam ovium Christi oblationibus cotidianis ac decimis fidelium accipiunt Now he lived about the year 745. and before Offa or any other Act we read of but that of Ethelbert This sure we have here a plain affirmation in a clear law and so not rashly to be left for any private conjectures or blinde presumptions and that in such a place that save in Domus-Dei book or a few other we might not look for more authentick from the tendryes of that age Some credit uses to be given to places we least suspect forgery in a Church-window or Palace-Inscription and an historical truth shall never shine with that evidence light and credibility to my soul from Tacitus or Tranquillus as casually let fall or ingraven in the face of a Roman-law or publikly inscribed in the commanding Pandects or Novells Especially sith here was said to be a consent of King and people which last if they had not consented here would have been worke enough every simple man would have been a single accuser every neighbour at hand a ready witness Kings Acts may have many eyes upon them but to father any thing upon the people undone or untrue were to create a Commonalty of enemies at once every one with his accusation ready to clamor loud enough against the forgery We will say then Austine preached tythes and the King Barons and people beleeved and obeyed and conferred them And observe thereon their date began with the Bibles entertainment tything and preaching went together at the first from the first and alwayes 'T is uncourteous to part old friends hard to slope the skin from the flesh dangerous what hath long gone and grown together Accustomed food proves lightly wholsomest they that change for better often fall sick of their remedy and to be weaned from that an aged man hath been accustomed to and found wholesome from infancy cannot but create much danger to the body by change if not utter dissolution Which 't is easie to apply here and sith minister to Christ and live by Tythes are so intwined together among us as they are and alwayes have been God grant the event extend not beyond good mens desires intents doubts or fears that the whole frame of the long continued Church sink and fayle upon stirring if they should be stirred this united and neer co-incorporate pillar that hath hitherto outwardly sustained it If it be charge or trouble it may be born by the experience of a thousand years If men love their ease now so they did heretofore If they are now wise they were not then altogether destitute of wisdom Lay together that the clear policy of the Old-Testament went thus all along the generall practise of the New-Testament hath been according Here with us ever since the bright shine of the Gospel dispelled heathenish darkness and from the very day-break of Christianity to this instant it hath been judged best and is what new plots would do is uncertain and may have the accompanying danger of experiment upon sick or sound bodies to disturb what is strong or ruine what is decaying CHAP. IX BUt to proceed and in what follows we may perhaps light on more clearness and
reddat decimum qui unam tantùm vel duas habuerit de singulis pullis singulos denarios similiter qui vaccas plures habnerit decimum vitulum qui unam vel duas de vitulis singulis obolos singulos Et qui caseum fecerit det Deo decimum Si vero non fecerit lac decimo die Similiter agnum decimum vellus decimum caseum decimum butyrum decimum porcellum decimum De Apibus De apibus vero similiter decima commodi CAP. 9. Quin et de bosco de prato et aquis et molendinis porcis vivariis piscariis virgultis hortis et negotiationibus et omnibus rebus quas dederit Dominus decima pars ei reddenda est qui novem partes simul cum decima largitur Qui eam detinuerit per Justiciam Episcopi et Regis si necesse fuerit ad redditionem arguatur perhaps righter adigatur Haec enim praedicavit Beatus Augustinus et concessa sunt a Rege Baronibus et populo Sed postea instinctu Diaboli multi eam detinuerunt eâ— Sacerdotes locupletes negligentes non cur abant inire laborem ad perquirendas eas eò quod sufficienter habebant suae vitae necessaria c. Leg. Edward Regis apud Lambard Archaion pa. 139 Spelman Concil pag. 620. Behold here a plaine law as full as if it had been made in Consistory as clear as evident and open words could express as authoritative as might proceed from the King and his people and as much to be reverenced as King S. Edwards Law consenting much to what went before and for what followed after we know and shall be made appear has had as many after successive supreme confirmations as any publick act of this State ever had Except the great Charter nay not except the great Charter into whose confirmation this was also by implication involved and with it had life strength and fruit even to the Petition of Right as shall be hereafter shown It usually passes that this devout and wonder-working King was the father of the Common-Law which if we see what shined from its morning beames and that he gave it first life and being of no praexistent materials as I beleeve he did as it was common for he a little to step aside disliking the several ways of tryal that had been to his time That one should be tryed by 1 Cantiani suas aliquando habuerunt leges sed coeuntibus iis Saxonibus omnibus sub West-Saxonum ditione horum lege vivitur Angli lege usi sunt quam vocant Mercia donec â—rruentes Dani East Angliae Northumbriae provinciis suas inducunt consuetudines à prioribus non in complurimis discrepantes Hinc majoribus nostris triplex legum distinctio Æ¿estseaxna-laga Myrcna-lega â—ene-laga id est lex Occiduorum Saxonum Lex Merciorum Lex Danorum Spelman Glossar pag. 445. in vocab Lex Anglorum Saxon-Lage another by Dane-Lage a third after the Mercian one punished by 2 Severall punishments or forfeitures for the same crime among severall here then living Nations The former was the English mans the other the Danes 12 Ores I finde it guessed Vid. Glossar ad Lambard Archaâ—on p. ult Selden of Tithes cap. 8 sect 10 Spelman Gloss pag. 423. Foedus Edovardi Guth a pud Lamb. Arch. c. 3. 6 pa 42. And compare with them Spelm. Gloss in vocab Englecheria pa. 231. gildwit another by lawslite neighbours for the same offences several ways Amassed all both precept and penalty together under one general rule and from the composition indifferency use called the result by a fitting name relating to whence it had come the â—now 3 Post Aluredam suas promunt leges Edovardus senior Aethelstanus Edmundus Edgarus Ethelredus Saxones Canutus Danus generales plerunque singulas quoad prohibition's Canonem sed in irregandis mulctis Danos respicientes juxta coniuetudinem Danicam quam Laslit vocant Anglos juxta Anglicam Mercios interdum juxta Mercianam Noluit verò Rex Edovardus Confessor in uno regno triplicem hanc justitiae lancem sed recensens denuò Anglorum Danorum Merciorum leges suam dedit parem omnibus Communem quae a Re Lex Communis ab Authore Lex Sancti Edovardi nuncupata est Ranulph Ceftrensis Ex tribus his legibus inquit Sanctus Edwardus tertius unam legem Communem edidit quae Leges Edwardi usque hodiè vocantur Spelman Gloss pag. 436 in vocab Lex Anglorum Though Gervase of Tilbury refer the work to a little after as done by the Conquerour Porrò liber de quo quaeris sigilli Regii individuus est comes that is Domus-Dei Booke Hujus autem institutionis causam ab Henrico quondam Wintoniensi Episcopo son to the Conquerours daughter sic accepi Cum insignis Angliae subactor Rex Wilhelmus ejusdem Pontificis sanguine ptopinquus ulteriores Insulae fines suo subjugasset imperio rebellium mentes terribilium perdomuisset exemplis Ne libera de caetero datetur erroris facultas decrevit subjectum fibi populum juri scripto legibusque subjice re Propositis igitur legibus Anglicanis secundum tripartitam earum distinctionem hoc est Meâ—chen-lage Dene-lage West Sexen-lage quasdam reprobavit quasdam autem reprobans transmarinas Neustriae leges quae ad regni pacem tuendam efficacissimae videbantur adjecit Glossat ad Lambard Arch. pa. 219. in vocab Ius Danorum Agreement in substance for the Originall Derivation and composition of these Laws though the circumstances a little vary Common-Law not but that the parts had been before but he collected and imbodyed them thus and from the composition and derivation gave this name Just as the famous Justinian before by help of Tribonian Constantine Theophilus and others winnowed the great 4 Sed com omnia percontabamur à praefato viro excelso Triboniano suggestum est duo penè millia librorum esse conscripta â—plusquam trecentics decem millia versuum à Veteribus effusa quae necesse esset omnia legere perscrutari ex hâ—s si quâ—d optimum fuisset eâ—igere De Confirmat Digest in Princ. heaps of the former Romane Civil-Law and of the near two thousand volumnes that had been 1400. 5 Erat enim mirabile Romanam Sanctionem ab urbe condita usque ad nostri Imperii tempora quae penè in mille quadringentos annos concuriunt in unam reducere consonantiam ut nihil neque contrarium neque idem neque simile in ea inveniatur ne geminae legespro rebus singuli positae usquam appareant Ibid. years a laying together sifted out some little for his use that greed with the Genius of his time and affairs calling the Collection his New Digests or Pandects a general Receipt or All-receiving composition And as was intended and in part perfomed here at the purging of the Canon-Law in the time of Henry the
any memory of Regular discussion and determination of them save in this compass Or as one Neighbour-Court takes notice of another the Common Pleas of the Kings Bench or the Chancery of the Exchequer So the Secular whether Courts Acts Rules or Decisions took notice henceforward no otherwise of the duenesse or disposition of Tythes then by a neighbourly Reflexe as the Admiralty takes notice of Englands Common Law or the County-Court did of the Bishops Viâ—itation Here therefore it may not be unseasonable to give the Originall of that Court which after á thousand others would never have been so fitly called as by that proper name the Lawyers and the Law called it of 1 Glanvill de legibus Aug. li. 2 cap. 12. 7. 8 13 14. 10. 12. 12. 21 22. Bracton de Except cap 3. sect 2. cap. 4. sect 2 3. 7. cap. 10. sect 1. Radulph de Hengham sum parva cap. 8 pa. 105. Flâ—t. lib. 5 cap. 5. sect 50. cap. 26. sect 26. cap 28. 10. ca. 30. 1 2. li. 6. ca. 39. sect 5 9. ca 44. 6. Stat. de Westmin 2. cap. 5. Circumspecte Agatis 13 Ed. 1. Cooks Institut 2. pa. 487. Doct. Stud. Diaâ— 2. cap. 55. Book of Entries fol. 488. Curia Christianitatis or The Court-Christian 2 Our Ancestors having the Common-wealth before ordained and set in frame when they did agree to receive the true and Christian Religion That which was before and concerned extern policy which their Apostles Doctors and Preachers did allow they held and kept still with that which they brought in anew And those things in keeping whereof they made conscience they committed to them to be ordered and governed as such things of which they had no skill and as to men in whom for the holinesse of their life and good conscience they had a great and sure confidence So these matters be ordered in their Courts and after the fashion and manner of the Law Civill c. Sir The. Sâ—â—ythes Common Wealth Lib. 3. cap. 11. Vid Cook Instit 2. p 488. agreeable hereto because Secular things it should have been so and of humane life being referred to their Regulations elsewhere where there was blessed Law provided for them The things 3 Curia Christianâ—tatis id est Ecclesiae in qua servantur leges Christi cum tamen in â—oro Regio serventur lâ—ges mundi Lyndâ—wood tit de foro competâ—nt Gloss Curia of Christ the affairs of the Church 4 Agantur itaque primò debita verae Christianitatis jura secundò Regis placita postremô causae singulorum L. Hâ—n 1. cap. 7. in Lambard pa. 180. Christianitatis Jura as they were styled the super-inducements to the Civil state of Religion and Salvation were here set aâ—ide to a select Committee by themselves who by their rule should judge of Heresie Schisme Apostacy Scandal c. comparing spirituall things with spiritual Neither was the purpose of erection the naturall Jurisdiction the lawful bounds or intended first power as far as I could ever know or learn meant of any excesse beyond this compass Men might be irregular and their courses exorbitant Themselves wilde but this their first and intended allowed path It may not be amiss therefore I say to give the Original of that Court its rise growth strength and first power when and by whom set up and to what likely purpose All which may not be better sought then from the very Patent of Erection which here therefore and because it is some rarity at least not vulgarly known from suggestion of good credit I give and exhibite The Law of Ciroumspectè Agatis was directed to the 1 13 Edw. 1. Bishop of Norwich and the old Charter upon Record to the 2 Matth. Par. ad an 1100. pa. 53. in Hen. 1. Sheriffe of Herefordshire yet so as either the power and vertue of each was meant to reach to all or Mutatis mutandis severall like Copies were sent So here to Remy Bishop of Lincoln but it was the mould of all Ecclesiastical power The Charter speaks thus Willielmus Gratiâ Dei Rex Anglorum Cook Instit 4. Of the Iuâ—iâ— diction of Courts cha 53. p. 259. and see M. Selden of Tythes cap. 14. sect 1. and in his Not. ad Eadmer pa. 167. Comitibus Vicecomitibus omnibus Francigenis Anglis qui in Episcopatu Remigii Episcopi terras habent Salutem Sciatis vos omnes caeteri mei fideles qui in Anglia manent quod Episcopales leges quae non bene nec secundum fanctorum Canonum pracepta usque ad mea tempora in Regno Anglorum fuerunt communi Concilio Consilio Archi-Episcoporum meorum caeterorum Episcoporum Abbatum omnium Principum Regni mei emendandas judicavi Propterea mando Regia authoritate praecipiâ— ut nullus Episcopus vel Archi-Diaconus de legibus Episcopalibus ampliùs in Hundretto placita teneant nec caâ—sam quae ad regimen animarum pertinet ad judicium saecularium hominum adducant sed quicunque secundum Episcopales leges de quacunque causa vel culpa interpellatus fuerit ad locum quem ad hoc Episcopus elegerit nominaverit veniat ibique de causa sua respondeat non secundum Hundrettum sed secundum Canones Episcopales leges rectum Deo Episcopo suo faciat Si verò aliquis per superbiam elatus ad justitiam Episcopalem venire nou voluerit vocetur semel secundo tertiò quod si nec sic ad emendationem venerit Excommunicetur Et si opus fuerit ad hoc vindicandum fortitudo Justitia Regis vel Vicecomitis adhibeatur Ille autem qui vocatus ad Justitiam Episcopi venire noluit pro unaquaque vocatione legem Episcopalem emendabit Hoc etiam defendo authoritate mea interdico ne ullus Vicecom aut praepositus aut Minister Regis nec aliquis Laicus homo de legibus quae ad Episcopum pertinent se intromittat nec aliquis Laicus homo alium hominem sine Justitia Episcopi ad judicium adducat Judicium verò in nullo loco portetur nisi in Episcopali sede aut in illo loco quem ad hoc Episcopus constituerit This is by good information the erection of the Court-Christian Before which things Tythes were handled in Conjunction with other matters at one meeting under severall persons but here their Jurisdictions were parted There seems observable in this Concession 1. That the Royal power acts and derives this Authority and leave to exercise Jurisdiction and where and how far from it self Mando Regia authoritate praecipio For Quis Who is to grant here 1 Ipse Dominus Rex qui ordinariam habet Iurisdictionem dignitatem potestatem super omnes qui in regno suo sunt Habet enim omnia jura in manu sua quae ad Coronam Laicalem pertinent potestatem materialem gladium qui pertinet ad regni
gubernaculum habet etiam Iustitiam Iudicium quae sunt Iurisdictiones ut ex Iurisdictione sua sicut Deâ— minister Vicarius tribuat unicuique quod suum fuerit Habet etiam ea quae sunt pacis c. Habet etiam Coertionem c. Item habet in potestate sua leges constitutiones c. Nihil enim prodest jura condere nisi sit qui jura tueatur Habet igitur Rex hujusmodi jura five jurisdâ—ctiones in manu sua De acquir rerum dom cap. 24. sect 1. fol 55. For he was under God sole Monarch and so though he might not exercise all powers it might be fit he did dispose of all powers as to rule Preachers though he did not preach and so ease his shoulders by laying the burden of Duty upon whomsoever he should think fittest He should have been everywhere but sith he cannot saith the same Authour of Delegations Si ipse Dominus Rex ad singulas causas terminandas non sufficiat ut levior sit â—lli labor in plures personas parâ—ito onere eligere debet de regno sue viros sapientes timentes Deum in quibus sit veritas eloquiorum qui oderunt avaritiam quae inducit cupiditatem ex illis constitueâ—e justitiarios c Id. de Action 10. 1. fo 108 This very Patent is alledged by M Selden as an instance of the Kings Supremacy in all causes over All persons Ad Eadmer Not. pag. 166. Liberties but the King says Bracton He speaks it of Lay but who sees it not to be fairly interpretable a part of Lay-business to oversee and appoint Church-men what they should do to direct and order where they shall speak and treat and act or where not if the manner or consequents foreseen import just fear of trouble or disturbance Neither is this an usurpatioÌ„ or incrochment upon what is of spiritual office any more then for David or Hezekiah to appoint the Courses of the Priests How their Ephemerides for divine services should be observed for Solomon or Joshuah to rule All Israel or amongst us a Church-Warden to examine and grant or deny a man licence to Preach where he has power and he is intrusted with the peace and order of the place which is not to meddle with Preaching but order about it 2. That Royal power was full for it was done in Common-Councel Communi Concilio Consilio by the advice Archi-Episcoporum c. Et omnium principum regni mei All the Chiefs of the powers about him 3. The things limited to be directed about were meerly spiritual quae ad regimen animarum no danger or intent of medling with affairs of the Common-wealth or interposing in business of Lay fee. A very good and the best boundary of this Jurisdiction and which alone secures extravagancy from power to disturb in secular business or so much as meddle with meerly humane affairs or interesses whereunto the title also of The Court-Christian or of Religion should have not a little furthered 4. The remedy upon contumacy in not appearing was proper of Excommunication Peters onely sword he might lawfully wear and use and this but onely by the Kings Commission 5. Yet the King assists him in the use of this and comes to relieve his spiritual by the temporal if need be For the sword should back the Word yea gladius gladium juvat intwisted power is strongest and needs to be mutually assistant one part to the other 6. No Lay Judge was to intromixe What needed the things treated on were or were to be Ecclesiastical and of another sort They had their shop by themselves and work to do and each his own proper and fit And it has been the great wisdom of the Nation to keep them apart every several thing by it self that no work or power should crosse another Object Some Objections are from a 1 Lo. Coke Vbi Sup. name not to be despised as the time of inrolling not before R. 2. time and some oblique 2 As if that Book being of Hen. 1. time the Bishops sate then in the Shire Court and Christianitatis Iura were then there pleaded Vid. L. Hen. 1 cap. 7. pa. 180. annexed to M. Lamb. Arch. contradiction from the Red Book in the Exchequer as if by these the Patent were not authentick But Ans 1. Scarce is there any thing but somewhat may be said against 2. At fair distance enough is the time of inrolment sc Rich. 2. and then it was but inrolled 3. The preserver with the place of preservation are of much moment scil in the Tower by the King neither of which but gives much of presumption against forgery 4. And other transcriptions do also agree Manuscript like this and of those several kept too where least suspicion of forgery is again in Registers As those of the 3 Cook ib. Bishop of London and Archbishop of Cant. In which 4 Caeterùm in actoruÌ„ Rob. Winchelsii Archiep. Cant. Registro seu publicis ejus tabulis Mss. totidem ferè verbis occurrit id quod Guilielmo Regi hic tribuitur Regi etenim Edwardo 1. in ordinum Comitiis c. Seldèn Nâ—t ad Eadmer pa. 168. last Robert Winchelsee so long since as in Edw. 2. time and so long before Rich. 2. as in his great Grandfathers days settles his draught of Articuli Cleri upon it Presented to Edw. 2. as the grievance of the Church and in his ninth year assented to for remedy 5. M. Selden a great name questions it not He made use of it 5 Hist of Tythes cap. 14. sect 1. thirty years ago publickly enough He since exhibited it to view in 6 Printed in An. 1623. p. 167. the edition of Eadmers History and has not I believe yet manifested any revocation of opinion So that I see not but we may set down this for the Bishops Patent of Jurisdiction authentick enough so long as he had any and the first foundation of the Consistory or as it was called Curia Christianitatis in England the Court of Religion not unfitly remembred here as the bottome of that power whereby the right of Tythes was with us discussed and themselves recovered as they had been and were after as shall continue to be shewed stated by the Law Whereunto there was also successfully and ere long such following and thronging recourse that the great Inquirer here last mentioned findes it a task worthy his painful search and curious diligence 1 Hist of Tyth cap. 14. whether after the right were regularly handled under any other Jurisdiction He findes sparingly some instances 2 Pa. 422. as about Hen. 1. and his successours time till Hen. 2. and K. John But since only in fives cases 1. By way of prohibition upon a suggestion of a Modus decimandi 2. In a writ of Indicavit But neither of these were at first instance 3. By Scire facias from the Chancery in some aases 4. In some other
needs no other demonstration then what was done But profound wisdome joyned with much piety and a conscionable regard proceeding in the fear of God not to destroy what they meant to reform or to purge out corrupt humours to the death of the patient made them soberly carefull we see and tenderly jealous not to meddle too far here and for fear of darkness over all discreetly advised to let none of the oyle be medled with that kept the Parish Lamp burning but rather gave hope of adding more where need was with encouragement to bring it in setting open a door to let in other supplies of needfull expence for these Lamps dispersed all abroad if God should so move the hearts of those that loved the Tabernacle and the light thereof to bring any offering To strip all having been a thought of such horrid injustice and barbarous impiety joyned with Improvidence as to Religion and imprudence into the bargain that in likelihood truth might have been in danger of perishing from the earth by this time and according to ordinary dispensations of Providence we have now had little enough of Law or Gospel to take up consultations for the maintenance of by that the Bible might have been near a stranger if this had prevailed But into their soft and tender bosomes by the Grace of God such thoughts had not leave and power to enter Why the tree thus planted hath not been known to bear fruit or this new body thus framed not received to be practised by is I said hard to guess the best reason I can think of is for want of Parliamentary allowance and subsequent confirmation for nought else see I wanting yet as strange that what a Parliament had appointed to be done and being done and accordingly should not have therewith what strength it could give But so it has been a dead letter hitherto onely living in the good wishes of knowing good men that it were quickned to full life and the last Ecclesiasticall piece I call it so in regard of the Materia prima out of which it was made the end whereat it aimed the things it directs about and its distinct standing off from the more common or secular that of this kinde our Common-wealth hath afforded Not unfitly reduced to this head of Ecclesiastick whose proceedings have been such by vertue of due power throughout this business that it needs no protection of Hyperbole to excuse that all have either liked or willed Kings States Parliaments Judges Lord Laws not sparing their vote of approbation to this particular still I mean and all that have have looked on either to allow or confirm With this one intimation more I close up the point that wheras this new body is not yet it seems authorised perfectly till it shal be All the old including those also I made use of before are in force by a concluding Proviso of that first statute 25 Hen. 8. 19. where the whole business was started The words are these Provided also that such Canons Constitutions Ordinances and Synodals Provincial being already made which be not contrariant nor repugnant to the Lawes Statutes and Customes of this Realm nor to the damage or hurt of the Kings Prerogative Royal shall now still be used and executed as they were afore the making of this Act till such time as they be viewed searched or otherwise ordered and determined of by the said thirty two persons or the more part of them according to the tenour form and effect of this present Act. But this not yet done and therefore all the former Canons yet of force till c. and that by this Authority CHAP. XXI AND hitherto then upon the proper Stage Let us next look upon the lookers on and see whether the Neighbour secular powers have either not looked this way or said nothing or not in allowance of what there The Church impowered as before hath acted as hath been seen to a full and fast determination of Right according to what she had in Commission or if she exceeded or went too far was checked as hath been shewed also But now hath the secular state added no collaterall strength to connive at least and more at what hath beene there done Surely so As they have done their own business Hers also having been taken in by the by sometimes in direct assertion oftner by glance and occasionall reflexe but by supposition constantly ever That supposition also often expressed as uses to be in collaterall not purposed mention of things but never but understood and meant as may be known by the evidence of things as they have been done and are left remembred Their very 1 Sub factis autem moraliter veniunt non facta considerata cum debitis circumstantiis Sic qui sciens praesâ—ns tacet consentire videâ—ur nisi circumstantiae ostendant quo minus loquatur metu eum vel alio casu impediri Grot. de Iure Bell. l. 2. c. 4. sect 5. silence if nought else were implying consent and suffering the Ecclesiasticall to continue medling with things of Temporall worth and not forbidding being strong evidence that they did allow Sometimes indeed the transgression of limits hath been questioned and this the true ground of All Prohibitions when the Church would meddle of things of 1 Regulariter verum est quod judex Clericus cognitionem non habet de Laico feodo alicujus Bracton de Except cap. 12. sect 3 Rex illis Iudicibus Ecclesiasticis salutem Prohibeo vobis ne teneatis Placitum in Curia Christianitatis quod est inter N R de Laico Feodo praedicti R. unde ipse queritur quod N. eum trahit in placitum in Curia Christianitatis coram vobis quia placitum illud spectat ad Coronam dignitatem meam Glanvill lib. 12 cap. 21. vid cap. Sequ. Bracton de Excep cap. 3. 4. vet tot Flet. lib. 6. cap. 37. sect 5. alibi pasum lay fee as the general word was de rebus tangentibus Coronam dignitatem nostram for then the King would forbid that extravagancy and stop the proceeding as reason he should But if keeping the due bounds and not going besides the nature of allowed businesses in spiritualibus annexis Now the Jurisdiction it self was never questioned but things reputed immoveably firm that had their determination here and the watchfull eye of a jealous neighbour either spied nothing or said nothing and in that much or if any thing by insinuation All was well Hucusque and contentment there should be no Prohibition But to come to some particulars having secular and more immediate Royall influence in giving of which I doubt not but the performance of promise shall farre exceed the measure of my undertaking or reasonable expectation all things considered and that the proper Repository of such things from their nature is elsewhere and I begin with the great Charter one of the most Authoritative Instruments and solemn
and that whether Supream or Temporal power should be abridged of its due by any dependant or inferiour for the Charet never moves so well as when every wheel keeps its proper place and every power does its own work without any others troublesome let or interposition A wen in the body or any monstrous excrescence besides that it deforms the whole robs the other parts and none is so much pleasured with what is superabundant as the rest is displeasured by following necessary defect The injury of any member redounds to the prejudice of the whole body And the Common-wealth flourisheth so prosperously never as when every limbe acts for it selfe every member does its own office the head foot hand eye or other part commanding obeying ruling or being ruled as it ought and none usurps or launcheth out over-busily into that of cure which belongs in proper design to another Here it was meant so and therefore Saving to the whether Supream or Temporal power what did belong thereto the appearance upon the Scire facias is discharged Can any thing be more plain And if such inquiries had been used to be made in the Court of Religion as this Statute implies Then and must be there and were here sent thither by the Parliament And They when things came thither said the tenth sheaf fleece colt or lamb was due Can any thing be more certain then that it was so done even by their recognition assent and purposed appointment and ought accordingly to be paid Whosoever did had an unequall task to struggle against the mighty Law and Soveraign power that made Right if he would go on yet waywardly to contend The Law is as 1 Heb. 6. 16. Gods Word saith of an Oath the end of all strife sith then It said so and in other matters it uses to make an end being the bottome of Right the highest appeal and uttermost any other men had to say for any thing how vain must they be who would contend that were thus concluded before they began and all-ruling oracles of Law rightly sought and duly applyed and discreetly drawn forth had determined of before The tenth was due and must be parted with About three years before 15 Edw. 3. cap. 6. in this Kings Raign there was a repealed Session part whereof is made to look this way The words are these Item It is accorded that the Ministers of holy Church for monie taken for redemption of corporal penance nor for proof and account of Testaments or for travail taken about the same nor for solemnitie of marriage nor for other things touching the Jurisdiction of holy Church shall not be impeached or arrested nor driven to answer before the Kings Justices nor other Ministers but have Writs from the Chancery for discharge c. which I finde construed in favour of tythes By Sir Tho. Rilley in his view of the Laws par 3. c. 2. sect 1 pa. 143. But because it was repealed soon after and doubtful when it was in being the several possible senses of the words leading the grantors minde to look not improbably on either part two ways I pass it over and come to the Statute of Sylva caedua which was sure to the purpose at least by consequent It was made indeed against 1 45 Edw. 3. c 5 some exactions of tythes yet so as it implies for other The by-blow sets up to rights what the direct had pulled down and By saying Some should not be paid The rest it should seem Should For a Prohibition allowed to take place for trees of twenty years growth and no more seems to whisper and suggest that in others it shall not or the rest is left to course of ordinary proceeding The words were given 2 Pa. 137. before not needful to be repeated again and the most of practise and the regulation of things has been I beleeve accordingly Laws are commonly like two-edged swords they cut both ways If they say This they mean That If they give the Negative they imply the Affirmative If one in prohibition the other to permission If they say a thing shall be hindered and so far they imply farther hindering is not meant but the thing as to the rest is left at liberty Forasmuch then as the Canon gave tythe of all growing and renewing and the Statute finding fault with some of the latitude gave order to prohibit but of twenty years growth the restraint of this size is implication that liberty is left to the rest and the hindering but so far that in the rest was scope Which being for the tenth Faggot Heap or Cord the Jurisdiction thereof yea the Law thereof and thereby Right is not a little hereby nor obscurely furthered and ratified Or otherwise observe as before twothings First Lex terrae did here interpose and when any thing passed the Synod the State could not brook This 's power controuled That 's Canons which hindred the Right of Tythes effectuall from going any farther then the Crown Law would allow Secondly but in that which was Sylva caedua properly or Coppâ—ce-wood this interposition was not but the other power left at liberty known to resolve as before Therefore there was still a connivence and so far consent and approbation and so this Law was first against Tythes is secondly for them at first hand against Some at second for Others And affording but a prohibition for twenty years growth leaves yea wils upon the matter the rest and less to be paid Touching which Prohibitions one thing more is in this 1 50 Edw. 3. 4. Kings Raign from the Statute too for still that is to me most authentique and as a publick Act more safe ground of opinions then any private thinkings which I would make use of onely in defect of those and it is against multiplying Prohibitions upon Prohibitions Corrupt practise may after have prevailed and by degrees it have been brought in that a 2 So averred and complained in the articles exhibited to the Privy Councel 3 Iacobi in Mich. Ter. Object 5 Cook Instit 4. p. 603. succession to five or sixe generations hath followed the Libel remaining the same but by a Law then it should not have been so but one be all and all but one after that and consultation releasing the Ecclesiastical Judge was allowed to procèed notwithstanding any other And this shews both there was need of a Prohibition to hinder the Court might proceed without a Prohibition And that a Prohibition should not prohibit after a Consultation all to the strengthening of this jurisdiction which still strengthens this right and title and hitherward also tend many things in that statute as 't is called For the Clergy Anno 25 Edw. 3. Richard 2. was the next that sate in the Throne whence at the instance and speciall request of the Commons he published sundry things in amendment and relief of the Realm and among them two in relief of the still oppressed as then thought and
yet so as in All still no pretence was to impede the Jurisdiction of known due Tythes but if the Court were extravagant and would meddle with what was Lay then clog it with a prohibition that it might not exceed its bounds otherwise let it go on and proceed freely and fully without any manner of disturbance And this I say hath been the known way of proceeding view their Books ask the Lawyers themselves they will allow though they may finde some fault in my expression the reality of things and that what I aim at is right though I may faulter in the way of expression Nor is any thing more certain then the Restraint of their Restraints the Prohibiting of their Prohibitions that they should not step forth to hinder the Court Spiritual in that was such or belonged thereto the certain Consequent whereof was a known Recovery and translation of one fliece sheaf lamb or thing whatsoever of ten from one man to another This was a little extravagant but I providently forecast and conditioned not to be tyed too strictly to Rules of Method though of mine own making Too much exactness may be as incommodious as altogether loose This belongs to what I was upon the Jurisdiction of Tythes and thereby right and to the reflections of the Temporal State as it stood separate and favouring glances of which sort onely is all in this Cell we may properly look for and these though not alleadging one quarter of that is seem to make good what was undertaken abundantly CHAP. XXIX AND this of the first branch of Donation made out by many subsequent confirmations before under by and since the beginning of the Common Law as well before the Conquerour as since under these four heads of 1. The Confirmation of K. Edwards Laws wherof these were a part 2. The Church Decrees authorising the King licensing the State looking on and approving all the other power that was 3. The Acts of Parliament such as looked this way out of their direct way from the great Charter to the Petition of Right inclusivè 4. The Learned Expositors taken for Oracles of Law particular as Cook Fleta Bracton c. Adding some hint of proceedings accordingly and especially asserting throughout the Ecclesiastical Jurisdiction for them which will alone induce and make good all the rest All which together has been so much and the Roots of this Right so far shewed and evidenced to be spread hereby that few mens estates I beleeve can hardly shew or colour for the like and yet the men possess and enjoy what they have in peace and firm security for through all the good old Laws of the Land these roots are hereby manifest to have been dispersed and as it were through every part and member of our English State and Corporation Fees Socages and Serjeanties are but of yesterday the Children of Power rather then Right at first and take their utmost date on this side the battle of Sanguelac besides age and to us unusefulness affording other infirming considerations enough Mannours and Fee-farms of not much greater reason and equity and both Copy and Free-hold chiefly grounded on as they are come to us understood to be possessed the Word of the Law But these were voluntary Concessions of the highest powers in their solemnest meetings long since upon so reasonable consideration as to establish the doctrine of the Bible and so they yet stand to beare it up like the pillars that supported Solomons Ivory Throne Behither and beyond the Conquering day have held up strong and fast in despite of all storms that have been since our Nation believed the Bible whether to decay with it time will shew and if the reasonable and continued willing and authorising powers of the Nation all of them could by their pactions the surest ground create a Right Here it must be Sure and Firm such as the like is scarce to be found again in our Community All could not have been deceived nor force in every thing 't is very like mis-placed Laws Canons Acts Ordinances Decrees Statutes could so many effectual and in other cases sufficiently made Rules of Right be here made and yet not made and yet have born rule with obeyed power If Civill Right be stood upon could All so Many operative and continuing causes thereof have wrought from time to time kindly and vigorously without any effect or but Must contribute and do what humane Pactions and Concessions could or any thing below the footstool of Gods Throne The Divine Right I confess is of another sort more awful it separates clearly to an higher kinde and we look upon it as more venerable founded in God and partaking therewith of his constancy as well as holiness must be always without shadow of change the Same Nor can be touched upon rudely with profane hands without a Relative violation of that Majesty above from whence it proceeds And Therefore men should be very wary how they affixe this seal of Heaven to every Imagination of their Own stamping the Character of Divine Right upon disputable opinions entituling God thereby to their perswasions perhaps errours of fancies and but what they strongly conceive must be Thus of equall authority with Divine Oracles Highest presumption But speak of Humane Right what has its firmness whence all lower titles and inclosures have the agreeing Acts of Men and Mutual Humane Stipulation Of this sort I believe we shall seldome finde any thing better grounded or faster settled then This And if seconding and conspiring rules of common equity can contribute any thing to the backing and strengthening of what is so placed and settled these not wanting neither and by as good title as any men have any thing with us our tribe of Levi has here in England the same to the Inheritance of Israel Equail in this too that 't is as good as the best and if we had any better or higher this would no doubt come out with the highest But we have none Our Tribes pretend not to a partition from Heaven nor Dominion or Property Lordships Mannours or Honours to any thong to be cut out by but inferiour lower inconstant rules of arbitrary good Will and Pleasure guided by compact and Humane Wisdome And therefore Levi hath no reason to take it amiss if in this he be not preferred above his Brethren to a right of another sort if it should prove so and higher strain having a touch of sacred and extraordinary sealed from Heaven But rather bless his God if he have done full out so much for him as for others and as he did anciently heretofore among his own people giving him an Equall Highest Claim and Right with the Best and as near Divine as any of his Nation Which is both done and cleared certainly and should serve his turn sufficiently and abundantly CHAP. XXX NOW proceed next to other helping supports amongst men firm enough in other cases to create Right if these hitherto should fall short
quod primò principaliter fit Donatio Ecclesiae secundariò Rectoribus personis says the same Bracton Which if it be excepted against as thrown in with the exploded Abby possessions elsew here is shewed some difference It is in Case of Remedy for recovery of Cathedral Conuentual and Parochial Church-lands by a Writ of Juris utrum whether an Assize shall lay of the latter as of the two former and it is 5 Bracton in tract de Assisa utrum ca. 2. Sect. 8. f. 2 6. said it shall not For though those Lands were given to them In liberam eleemosynam yet they were given to Persons as well as Churches who in that regard having leave of remedy As Other men had there 6 Quod alicui gratâ—osè conceditur trahi non devert aliis in exemplum Reg. Iuiâ—s Can. 74. needed be no stepping aside out of the way upon no occasion and the form of the gift may be known by the Charter but now for him that has Right by his Parish Church it was not so that any thing was settled upon his person but onely upon his Corporation Et quae persona nihil clamare poterit nisi nomine Ecclesiae suae quia in Ecclesiis Parochialibus no fit donatio personae sed Ecclesiae secundùm quòd perpendi poterit per modum donationis This is evident for what Land is given to a Parish Church the reason is the same of Tythes as devoted to beyond this World and 1 Sir H. Spelman of Tythes chap. 17. That things offered to God be Holy I must first explain what I mean by Holy that is not that they are divine things or like those of the Sanctuary which none might touch save the anointed Priests But like the Lands and Possessions of the Levites mentioned in Lev. 27. v. 28. 29 that were said to be holy and separate from common use and separaie from man that is from the injury of Secular persons and to be onely dispâ—…sed to and for the service of God Defensum munitum ab injuria hominum ff de rerum divis L. Sanctum as the persons of Emperours and Kings are said to be sacred For as the Altar sanctifieth the Offering Matth. 23. 19. So these things being offered to Goâ— are by the very act of Oblation made holy and taken so into his own tuition as they may not be after divorced p. 82. sacred in the same sense that any thing visible is as separate and laid in in several from the touch of prophane hands and common vulgar uses designed and set aside for God and godliness 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as is 2 Aristot Polit. l. 6. c. 8. Aristotles very fit and apt expression onely for Heaven Not for nature or sin necessity or sensuality in the serving of which ends most other things spend themselves but merely to set forth Gods honour in this World as the Ox or the Lamb brought to the Tabernacle or Temple or as he reserved many things to himself in the Levitical Law but the Levites were his Receivers He was no more visible Then then Now nor the things invisible and of a different nature yet to his honour yea to himself were appointed then and he did appoint them sundry things to be set aside which his Levites had and he in them So here As in implication of some like thing whereto believed and received here it was spread abroad and yet remains at the sea coasts that those followers of Peter and the other Apostles who maintain theit temporal life by the painfull labour of Fishing bring the Tenth of their personal gains and lay it down at the publick Minister of sacred things his feet by the name which they yet retain of Christs share Why this but because they intend Him a part of every Draught As if never a day or night they lay forth with any success but somewhat must be laid aside for Heaven and of their penury some mites be continually paid in to his Treasury How To give them into his Own hands This is impossible He is in Heaven beyond the thick clouds where we nor can offer nor he receive any thing But he has Servants and Service and Ministery and Ministers upon earth to whom he hath said He that receiveth you receiveth me into what place soever ye enter Take what ye finde for the Labourer is worthy of his hire For them therefore and their sakes 3 In as much as all the Types of Christ as a Priest have received tythes as duâ— as types and in as much as his person and office are eternal and therefore the annexa and in as much as he hath no whâ—re dispensed with or denied or refused c. and lastly in as much as he hath left those are his Ambassadours in his stead for my part I do not see why unto them in the Name and Right of their Master those rights should not be due which were manifestly His in his Types and of which Himself hath no where in his word declared any revocation Raynolds on Ps 110. 4 p. 474 175 in His Right these things are issued forth and brought in and accordingly they receive name If the world were asleep at first when the title was given and prevailed It hath been awaked at some time since 'T is hard to impose on the vulgar or plant any name or titie among them that shall with success spread and grow unless it fit in with their preconceived notions and apprehensions It seems this did whence they entertained it generally and retain it firmly and by this name they yet express their own mindes of what they give calling it Christs share Upon which account of somewhat beyond meerly Human and that had a touch of Divine or toward Heavenly These rights became triable and the doubts of them onely disputable and determinable in that Court by rule and practise where few of earthly or meer worldly things were once thought of and whose natural and first proper essential bound of Jurisdiction was Spiritualia Spiritualibus annexa There were inquired into things above this world and which could not be regulated by common rules of Civil Justice as Articles of Religion Exercise of Discipline Ecclesiastical Censures and generally things being or reputed Sacred And Thither Also as being of kinde and kin did These things throng in or rather were both admitted and invited as Saying by Doing what was and that they were not reputed meerly of humane consideration because they were let in and there had regard and only proper tractation or trial where things Divine and most nearly belonging to God had or should have had their due inquiries If the aim had been only to get in dues these Dues to determine of Civil property or to keep one man alive in a Parish All Civil Courts of Justice were open where All such things had their proper inquiries and resolutions and the Tenth part needed not to have been