estre inhunâ—e le ventre la face contre terre pour l'expiation des pechés de son Pere hee would bee interred with his face and belly downward to expiate his Fathers transâ—ressions as Dupleix also was contented to observe and it is to be found in the Antiquities of France Therefore Charles Martels Sacriledge in generall must be granted But it hath beene also constantly received that in particular this Charles defrauded the Church of her Tythes as hath beene said But this passage of the Storie hath found some opposition One of the first that ever shewed himselfe an adversarie to this opinion was Stephen Pasquier a man whom though wee forsake in this particular yet wee may safely commend for his varietie of learning otherwise an ample testimonie whereof he hath given in his Booke De Recherches de la France saving that hee cannot be pardoned for his haâ—sh and â—â—vious minde towards the dignitie and Jurisdiction of the Clergie which discovereth it selfe in severall passages of his third Booke In the same Booke Chapt. 35. which is Des Dismes Infeodees Concerning the Infeudation of Tythes he adventureth to overthrow the received opinion The maine reason hee urgeth as farre as I conceive him is for that those who first and anciently wrote the Historie of their Kings or otherwise tooke notice of the acts of Charles doe not accuse him of any such Infeudations But to this I suppose some answer may be conceived in this manner The principall Historiographer of whom wee are to consider in this case must bee Aimoine who wrote the Storie of the French Kings and what was delivered in his Chronicle concerning the times wee aime at for the most part made up the Bookes of those Writers that succeeded for some certaine centuries of yeares This Aimoine Stephen saith maketh no mention of that Act of Martel 't is true neither maketh he mention of any Sacriledge at all no not so much as Stephen himselfe and all Writers beleeve that Martel was guilty of And I should wonder if hee had for Aimoine lived in the time of Charles the great and what he wrote concerning him and his ancestours hee received from Autmare Chaplaine to the same Charles and this is too neere the time of Martel for a true Historian Indeede the lives of pious Princes may be written before their deaths and if there happen an unworthy passage it is not corrected in their Storie but their Conversation But when a great King proves not good his first Historians must be worse for no Subject may dare to write what such a Soveraigne could commit And therefore if an ill Act occurre the Historian must dissemble or defend it for what e're be after thought of great mens actions yet when they are newly done either they must not be mentioned or if they be they must be magnified Therefore Autmare who depended upon Charles the Great must not tell such tales of his Grandfather And for this cause it is that when Aimoine speakes of Martel he styles him virum sagacissimum and virum egregium adding moreover that his atchievements were accomplished Christo in omnibus praeside See lib. 4. c. 57. where also relating his victories he compareth the siege of Avignon to that of Iericho as if Charles had march't on like those great Commanders of Israel and the wals of Avignon had fallen downe like those of Iericho at the very sound of Martels Trumpets Thus Aimoine observes the time hee lives in So Boniface Archbishop of Mentz in Martels dayes though perhaps hee could have said more than hee did if that be not enough which hee hath said that this Charles was Ecclesiasticarum pecunâ—arum inproprios usus commutator yet that which hee did say seemeth to have beene no otherwise publickly knowne than in an Epistle of his to Ethelbald one of our Mercian Kings a fragment whereof is inserted into the Storie of this Ethelbald by William of Malmsebury but in other Copies of this Epistle the clause which concernes Martel occurres not for of late dayes by the great industrie of Serarius we come to see a volume of that Archbishops Epistles the nineteenth whereof is that which was directed to Ethelbald But there the passage of Martel cannot be found And the truth must be that if Boniface have any such thing to say of Charles hee must send it farre enough for it might not bee told at home That which hath beene said may passe for a reason why so great a crime of Martel was not so publickly recorded till time could weare out the danger and the Historian could write the Act with as much confidence and securitie as Martel did it Therefore it is that though the Writers began betimes to touch at his impietie yet they struck not at this master piece but by degrees Paulus AEmilius a diligent Writer and one that spent 30. yeares to compile the French Storie seemeth even in those dayes to report this timorously as if it had beene then too soone to give a just account of this Sacriledge For when hee commeth to Charles Martel hee saith that there passed upon him a diverse rumour For some gave out Eum omnium Ducum Imperatorúmque gloriam transcendisse that hee had transcended the renounce of all Kings and Captaines that ever were before him Others reported that hee onely seem'd to doe so in the eyes of ordinarie men and that hee had decumarum sacrum juâ— militaribus viris attribuisse given over the divine right of Tythes to his militarie men But it is necessarie for the Reader to observe that the Authors of the first report were as Paul saith Summi viri great men but those that related the second were Sancti viri good men And the first sort may but the latter ought to be beleeved But wee shall finde this matter more confidently related by the French Historians who spare not to set it downe plainely and ingeniously though it concerne their Storie more than others that this Martel should be blamelesse An ancient Chronicle of theirs Le Rozier Historial de France part 2 concerning this passage saith thus Par le conseil des Euesques luy furent donnâ—z les dismes de Eglises pour gaiger ses cheualiers qu'il promist rendre faire de plus grans bien a l'Eglise s'il viveit longuement Fol. 21. hee saith That Charles did bestow the Church Tythes upon his Knights and that he promised to restore them againe and much more but this must be s'il vivoit longuement if hee liv'd long enough How long Charles would have lived to doe this I know not but that he lived not so long as to see it done wee are sure enough The like is reported concerning this passage by Nich. Giles but because this Author hath beene corrected and enlarged by Belleforest wee shall use his words and they are these Pour fournir aux fraits dispenses qu'il convenoit faire pour lesdictes guerres que ledict Charles Martel avoit contre
Levell and Line The Canon Law consisteth partly of certaine Rules taken out of the holy Scripture partly of the Writings of the ancient Fathers of the Church partly of the ordinances of generall provinciall Councels partly of the Decrees of Popes of former ages Of the Canon Law there are two principall parts the Decrees the Decretals The Decrees are Ecclesiasticall constitutions made by the Pope and Cardinals at no mans suit are either Rules taken out of the Scripture or Sentences out What is the antiquity of Decrees and who were the Authors that compiled them of the ancient Fathers or Decrees of Councels The Decrees were first gathered together by Ivo B. of Carnat who lived in the time of Vrban the 2. about the yeare of our Lord God 1114. but afterward polished perfected by Gratian a Monk of the Order of S. Bennet in the yeare * Trithem in his second Booke De viris illust saith that Gratian wrote this Worke at Bononia in the Monasterie of S. Felix Anno 1127. Others say it was done in the yeare 1151. Bellarmine to reconcile the difference saith that Gratian might begin the work according to the first account and finish it according to the second 1149. and allowed by Eugenius the Pope whose Confessor hee was to bee read in Schooles and to be alledged for Law Of all the severall Volumes of the Canon Law the Decrees are the ancientest as having their beginning from the time of Constantine the great the first Christian Emperour of Rome who first gave leave to the Christians freely to assemble themselves together and to make wholsome lawes for the well government of the Church The Decrees are divided into three parts wherof the first teacheth of the origen and beginning of the Canon Law and describeth and setteth out the rights dignities degrees of Ecclesiasticall persons and the manner of their elections ordinations and offices and standeth of one hundred and one distinctions The second part setteth out the causes questions and answers of this Law which are in number 36. and are full of great varietie wisdome and delight The third and last part conteineth matter of consecration of all sacred things as of Churches bread and wine in the Sacrament what dayes and Feasts the Primitive Church used for the receiving thereof of the ministring of the Sacraments in Baptisme and the use of imposition of hands all which is set out under five distinctions SECT 2. What the Decretals are and how many parts they comprehend THe Decretals are Canonicall Epistles written either by the Pope alone or by the Pope and Cardinals at the instance or suit of some one or more for the ordering and determining of some matter in controversie and have the authoritie of a law in themselves Of the Decretals there be three Volumes according to the number of the Authors which did devise and publish them The first Volume of the Decretals was gathered together by Raymundus Barcinius Chaplain to Gregory the ninth at his the said Gregories commandement about the yeare 1231. and published by him to be read in Schooles and used for Law in all Ecclesiasticall Courts The second is the worke of Boniface the eight methoded by him about the yeare 1298. by which as hee added somthing to the ordinance of his Predecessours so he tooke away many things that were superfluous and contrarie to themselves and reteined the rest The third Volume of the Decretals are called the Clementines because they were made by Pope Clement the fifth of that name published by him in the Councell of Vienna about the yeare of grace 1308. To these may be added the Extravagants of John the xxij some other Bishops of Rome whose authors are not known and are as Novell constitutious unto the rest SECT 3. What is contained in the first Booke of the Decretals EVery of the former Volumes of the Decretals are divided into five Bookes and containe in a manner one and the same titles whereof the first in every of them is the title of the blessed Trinitie and of the Catholick faith wherein is set downe by every of them a particular beliefe divers in words but all one in substance with the ancient Symbols or beliefe of the old Orthodoxe or Catholick Church Secondly there commeth in place the treatie of Rescripts Constitutious Customes the authority of them when they are to be taken for Law after followeth the means wherby the greater Governours of the Church as namely Archbishops Bishops such like come unto their roome which was in two sorts according as the parties place or degree was whē he was called unto the roome as if he were under the degree of of a Bishop was called to be a Bishop or being a Bishop was called to be an Archbishop or to be the Pope himselfe hee was thereto to be elected by the Deane and Chapter of the Church where hee was to be Bishop or by the Colledge of the Cardinals in the Popedome but if hee were already a Bishop or an Archbishop were to be preferred unto any other Bishoprick or Archbishoprick then was he to be required by the Church he was desired unto and not elected which in the Law was called Postulation after Postulation followed translation by the superiour to the See to which hee was postulated or required after Election followed Confirmation Consecration of him that was elected which both were to be done in a time limited by the Canōs otherwise the party elected lost his right therin Bishops and other beneficed men sundry times upon sundry occasions resigne their benefices and therefore is set downe what a renunciation or resignation is who is to renounce and into whose hands and upon what causes a man may renounce his benefice or Bishoprick and because under-Ministers are oftentimes negligent in their Cure that the people in the meane time may not be defrauded of Divine Service the Sacraments the food of the word of God it is provided that the Bishop shall supply the negligence of such Ministers as are underneath him in his Jurisdiction besides because holy orders are not to be given but by imposition of hands with prayer and fasting * The old Romans instituted three yearely Solemnities in honour of their Gods for the Fruites of the Earth These also the Romish Church observed having first moderated their superstition and directed them to a more sacred end To the three one of their Popes as they say added the fourth with a respect had to those of the Jewes in Zech. 8. 19 and so they were called Iejunia quaiuor temporum Their institution at the first had many other causes for which see the Sermons of Leo and Durants Rationale but in after times at these Solemnities especiall regard was had to the Ordination of Priests and Deacons which had beene formerly performed onely once a yeare in the Moneth of December as Amalarim hath observed It seemeth therefore
carriage of Corne and other like kinds necessary for the maintenance of the Princes house Men are excused either generally from all kinds of services or particularly from some as all Minors specially such as are Students in any famous University whilest they give themselves there unto their booke are excused from all Personall services but not from Patrimoniall services as also all old men of the age of seventy years and upward all professours of Liberall Sciences whereby the common-wealth is benefited all professors of Physick Grammar Oratorie or Philosophie so they be allowed by the Magistrate and seven skilfull men in the profession which they make shew of and be not Supernumerarii or above the number of those that are to be allowed in which number are neither * Poëtae nullà immunitatis preoragativa 〈…〉 tur Cod. de Professoâ—th l. 3. lib 10. But the Interpretation is more mercifull than the Text. For the Glosse saith Poëtae hoc ipso quòd Poëtae immunitatem non ha â—eâ—â— non quòd cam Divini Spiritûs non mereantur sed quòd lex deficit Poëts nor †The Law hath it Non etiaâ— Calculatores l. 4. De Proâ—â— Med. lib. 10. Cod. And â—f de Excu Tut. l 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 where the Law expoundeth Calculatores by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is saith Brisson and the Glosse Qui Artem numerandi docent answerable to that which Cujacius hath noted out of the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and then it may be thought that the Law heere meaneth by Calculatores those that taught to cast an Account Ciphering-Masters Auditors they are also excused which upon just cause are dismissed either out of the Army or out of the Schooles either for lack of health or that they are so wounded that they can neither serve in warre any longer nor longer indure studie which are so to be understood that they yeeld excuse from Personall servicesonely and not from Prediall Those things that yeeld excuse in part from Personall services are these the Renting of the Princes custome the basenesse of the persons state not fit to bear any Office of credit infamie banishment an a motion from a mans place and degree feminine sexe which are to undergoe such Offices onely as are agreeable to their sexe Embassages imposed upon any by the Prince and his Councell which hath immunitie also of two years after their returne if the Embassage were into places beyond the sea or into any farre country not if it were into any country neere at hand Skill in any manuall Art or Mysteries to the intent that they may have both time to learne their Arts and so become the skilfuller in the same and also have more alacrity to teach others in their Mysterie That care be had that such bee chosen to office that be of the worthier sort for their vertue and place and the richest for their state that no man be chosen to office for envie and if any be and the same be proved he that did chuse him thereto is to be fined and to pay the expences of the sute unlesse he which is chosen die within a short time after the choise then his successors are not bound thereto Further men are excused if being in one Office they are chosen unto an other to the intent they may the better execute and performe that office they have in hand Such as are Remembrancers which make Bookes of what is due to the Exchequer and what is brought in Auditors receivers Tellers Granarers Weighers such as weigh and try such gold as is brought and paid into the Exchequer Collectors that is such as gather up the gold that is due in the Provinces to the Exchequer and send the same over into the Exchequer who are in no case to hold the same longer in their hands than the Law alloweth them much lesse to turne the same to their owne use without great offence to the Prince and common-wealth the like is for a Crowne of gold that is of such gold that is put in Crownes and offered to the Prince upon any publick gratulation or any exployte that hath beene happily atchieved Justices of Peace which are distributed by countries for the more quiet and peaceable government of the same whose care was to seeke out theeves and malefactors and to foresee that the country-people did make no mutiny by reason of the Taxes and Subsidies that were levied upon them that for gold there might be paid silver and again silver for gold into the Exchequer so that the value thereof were made equall Usurers although they have no possessions yet they are no lesse bound to all Patrimoniall or Prediall charges than if themselves had Lands and Hereditaments although for their infamie they are excluded from all Personall charges that are of credit SECT 4. The Argument of the 11. Booke of the Code THe eleventh Booke proceedeth in the enumeration of other vocations that are exempted in personall services of the common-wealth besides those that have beene named in the tenth Booke as Masters of ships and Mariners which served to bring in any Merchandise or provision for the Princes houshold out of forreine Countries into the Princes store-house yea although they were private mens ships which were imployed to that service so that if a private mans ships were laden with any publick provision there could not any other private burthen be imposed upon him for that if the ship perish by shipwrack by reason of the private burthen that is put therein above the publick charge then he is to answer the losse thereof unto the Exchequer otherwise than in the case of private men who are themselves to bear the losse of those things which are exported or imported neither can they make gain of privat mens shipwrack or of those things which are cast out into the sea to ease the lading of the ship but are bound to restore it to the owner under pain of confiscation of their goods by the Temporall Law excommunication of their persons by the Ecclesiasticall Magistrate Adde to this Myners or Metallers the governours of the same gatherers of Muskles other like shell-fish with whose bloud either Purple is made or out of which Pearles are taken which colour Princes onely might use as also velvet and cloth of gold neither was it lawfull for any man under the degree of the Prince to wear the same saving onely women in some sort for that such ornaments are fitter for women than men Joyne to these Monetaries which served to coyne money Wain-men or Car-men which with their owne cattell carried or conveyed things which belonged to the Princes Treasurie The like priviledge had they which made Armour for the Princes Armorie as Spears Brest-plates Darts and such like or made Bridles Girdles studded with pearle or precious stone unto the Court for the Kings houshold who onely were allowed to wear the same Such as had the care and government of any
lye That no man build a Church or holy place without the leaue of the Bishop and before the Bishop there say Service and set up the signe of the Crosse That no man in his owne house suffer Service to be said but by a Minister allowed by the Bishop under paine of confiscating of the house if it be the Lord of the house that presumeth to doe it or banishment if it be done by the tenant If any bequeath any thing to God it is to be payed to the Church where the Testator dwelled If any devise by his last Will a Chappell or Hospitall to be made the Bishop is to compell the Executors to perperforme it within five yeares after the decease of the Testator and if the Testator name any governour or poore thereto they are to be admitted unlesse the Bishop shall finde them unfit for the roome That the Bishop see such Legacies performed as either are given for the redemption of prisoners or for other godly uses That Masters of Hospitals make an account of their charge in such sort as Tutors doe That such as lust against nature and so become brutish receive condigne punishment worthy their wickednesse That such as make Eunuches themselves be made Eunuches and if they escape alive their goods to be forfeited to the Exchequer and themselves be imprisoned all the dayes of their life Such as by force steale away women themselves and such as are their abbetters and helpers are to dye therefore and that it shall not be lawfull for her that is carried away to marry to him that doeth carrie her away and that if her father doe give his consent to such marriage he is to be banished but if she marry him without her fathers consent then is shee not to take benefit by her fathers Will or any other thing that is her fathers These and sundry matters of great importance and necessarie for the well governing of a common-wealth are conteined in the Authenticks which I passe over with drie foote not because they are not necessary to be knowne but because I would not cloy the Reader even with those things which are good All these workes are the labour of Justinian as either gathered together by him out of ancient Lawyers bookes and such Emperours decrees as went before him or else were decreed and ordeyned by himselfe as matter and occasion offered it selfe and the youngest of them is neere eleven hundred yeares of age that is within 500. yeares after Christ or not much otherwise CHAP. IV. SECT 1. That the last Tome of the Civile Law is the Feudes and what they are THe last Tome of the Civile Law is the Feudes that is the bookes of Customes and Services that the subject or vassall doth to his Prince or Lord for such lands or fees as he holdeth of him This peece of the Law although it was not much in use in the old Emperours dayes yet Justinian himselfe seemeth to acknowledge them in his Novell constitutions calling them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and those which are more carefull to seeke out the beginning of them bring them some from the ancient Clienteles or retinews the ancient Romans before Christs time had as Budeus doth some other from Alexander Severus time who as Lampridius in the life of Alexander saith gave such lands as hee wonne out of the Enemies hands to his Lords Marchers and his souldiers that they should be theirs and their heires for ever so they would be Souldiers neither should they come at any time to the hands of any private man saying they would more lustily serve if they fought for their owne land which opinion commeth next to the ancient border-grounds of the Romans whereof there is a title in the eleventh Booke of the Code De fundis Limitrophis that is of Border-ground Others referre it over to Constantines time the great who enacted for the benefit of his souldiers that such Lordships and lands as before time they had their wages out of should passe over unto their heires and be appropriated to their familie or stock so that they found and manteined continually a certaine number of souldiers From whence soever it descended this is certaine that it came very late to be a particular volume of the Law it selfe The compilers or gatherers together thereof were Obertus S 〈…〉 〈◊〉 us but specially Sâ— Henry Spâ—â—mans Glossaâ—â— de Horto and Giraldus Compagist two Senatours of Millaine who partly out of the Civile Law and partly out of the Customes of Millaine drew the same but without forme or order The word it selfe is a barbarous word but had his originall notwithstanding as Isidore saith from the word Foedus being a good Latin word and so is to be interpreted tanquam Feodum that is as a thing covenanted betweene two Others deduce it from the word Fides as it were in Latin Fideum and by a more pleasant pronunciation Feudum whereupon such as are Feudataries to other are called in Latin Fideles because they owe faith and alleageance to such whose Feudataries they are who in the Lombard tongue are called Vassals Besides Fealtie which some call Hominium by the Feudists is tearmed Homage for the nature of a Feude is this that it draweth with it faith and homage so that such as are Feudataries or fee-men professe themselves to owe faith to such to whom they are in fee and that they are his men insomuch as when a fee-man dieth his heire doth make faith and doth his homage to the Lord as is well seene both in the Lords Spirituall and Temporall of this land who both in their creation and also in their succession one after an other sweare an oath and doe their homage to their Soveraigne and doe pay other dueties which are Symbols and signes of their subjection to their Soveraigne And for others that are under the degree of Baron and yet are fee-men unto the King and so doe not manuell obedience unto his Majestie they pay yearely something in respect of their homage according to the quantitie or qualitie of the fee or tenure they hold of the Prince A Fonde in English may be called a Tenure which caused Littieton when he treated of Feudes so far forth as they are here in use in England such as are all those which are called in Latin Feuda militaria Feuda scutiâ—erorum called by Justinian 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which are by the Lawes of the land tearmed by the names of Knights-services and Escuage to call them by the names of Tenures A Feude is a grant of lands honours or fees made either to a man at the will of the Lord or Soveraigne or for the Feudataries owne life or to him or his heires for ever under condition that he and his heires in case where the Feude is perpetuall doe acknowledge the giver and his heires to be their Lord and Soveraigne and shall beare faith and alleageance unto him and his for the said Tenure and shall
hold plea of any thing that is in the said Proviso conteined but it is rather directive and sheweth where the Ecclesiasticall Judge is to give way to immunities and to pronounce for them so that for any thing is conteined in this Proviso to the contrary the cognisance of these matters especially Priviledge Prescription and Composition still remaineth at the triall of the Ecclesiasticall Law as they did before this Proviso was made for Deprascript lib. 2. tit 26. De Privileg lib. 5. tit 33. Tythes and other Ecclesiasticall dueties as may appeare by the severall titles in the same Law hereon written And for the other words Law and Statute therein mentioned when as the King hath two Capacities of government in him the one Spirituall the other Temporall and his high Court of Parliament wherein Lawes are made doth stand as well of Spirituall men as Temporall men and so ought to stand in both houses if the ancient Booke De modo tenendi Parliamenti be true and authenticall which makes the upper House of three States the Kings Majestie the Lords Spirituall and the Lords Temporall and the lower House in like sort of three other the Knights the Procurators for the Clergie and the Burgesses and his Majestie hath within this Realme aswell Ecclesiasticall Lawyers as Temporall which are no lesse able to judge and determine of Ecclesiasticall matters then the Temporall Lawyers of temporall businesse It is not to be imagined but as his sacred Majestie will have those Lawes to be held Temporall and to have their constructions from Temporall Lawyers which are made and promulged upon Temporall rights and causes So also his Highnesse pleasure is and ever hath beene of all his predecessours Kings and Queenes of this Land that such Lawes and Statutes as are set out and published upon Ecclesiasticall things and matters shall be taken and accounted Ecclesiasticall and interpreted by Ecclesiasticall Lawyers although either of them have interchangeably each others voyce in them to make them a Law And that the King doth infuse life into either of the Lawes when as yet their substance is unperfect and they are as it were Embryons is in temporall matters by his temporall authoritie and in spirituall matters by his spirituall authoritie for to that end he hath his double dignitie in that place as also the Ecclesiasticall Prelates sustaine two persons in that place the one as they are Barons the other as they are Bishops So that even the orders of the House doe evince that there are two sorts of Lawes in that place unconfounded both in the head and the body although for communion sake and to adde more strength to each of them the generall allowance passeth over them all And as they rest unconfounded in the creation of them so ought they to be likewise in the execution of them as the Temporall Law sorts to the Temporall Lawyers so the Spirituall Lawes or Statutes should be allowed and allotted unto the Spirituall Lawyers And as the nomination of these words Law or Statute in this precedent Proviso makes not the Law or Statute Temporall but that it may remain wholly Ecclesiasticall by reason of the Spirituall matters it doth containe the power of him that quickneth it powreth life thereinto so much lesse can the inserting of these tearmes Priviledges Prescriptions or Composition reall intitle the Common Law to the right thereof or the Professours of the said Law to the interpretation thereof for that matters of these titles so farre as they concerne Tythes and other Ecclesiasticall dueties have beene evermore since there hath beene any Ecclesiasticall Law in this Land which hath beene neere as long as there hath beene any profession of Christianitie with us of Ecclesiasticall ordinance neither ever were of the Temporall cognisance untill now of late that they transubstantiate every thing into their owne profession as Midas turned or transubstantiated every thing that hee touched into gold CHAP. III. SECT 1. How it comes to passe that when tythes were never clogged with custome prescription or composition under the Law they are clogged with the same under the Gospel and the causes thereof BUt here it will not bee amisse to inquire since Tythes came in the beginning of the primitive Church within a little time after the destruction of Jerusalem and the subversion of the Jewes policie unto the Christian Church and common-wealth void of all these incumbrances as shall appeare after by the testimonie of sundrie of the ancient Fathers which were neere the Apostles time how it comes to passe since Tythes are no lesse the Lords portion now than they were then and in the Patriarches time before them that these greevances have come upon them more under the Gospel than ever they did under the Law for then never any Lay man durst stretch out his hand unto Malach. 3. them to diminish any part thereof but hee was charged with robberie by the Lords owne mouth and in punishment thereof the heavens were shut up for giving raine unto the earth and the Palmer-worme and Grashopper were sent to devour all the greene things upon the earth And for Ecclesiasticall men it is not read any where in the Scripture that ever they attempted to grant out any priviledge of Tythes to any person other than to whom they were disposed by the Law or to make any composition thereof betweene the Lay Jew and the Lords Levites every of the which have beene not onely attempted against the Church in Christianitie but executed with great greedinesse so farre worse hath beene the state of the Ministery under the Gospel than was the condition of the Priests and Levites under the Law SECT 2. That the causes are two fold First The violent intrusion of Lay men and secondly The over-much curiositie of Schoole men and first of the first cause and therein concerning Charles Martels Infeudations and the violent prescriptions ensuing thereupon THe beginning whereof although it be hard for mee to finde out because there is small memory thereof left in Stories yet as farre as I can by all probabilities conjecture this great alteration in Ecclesiasticall matters came by two occasions the one by the violence of the Laitie thrusting themselves into these Ecclesiasticall rights contrary to the first institution thereof for when they were first received into the Christian world they were received and yeelded to for the benefite of the Clergie onely as in former time under the Law they had beene for the use of the Priests and â—evites onely The other was the too too much curiositie of Schoolmen who being not content with the simple entertainment of Tythes into the Church as the ancient Fathers of the primitive Church received them would needes seek out how and in what right and in what quantitie this provision belongs unto the Church wherein they did by their overmuch subtilty rather confound the truth than make that appeare which they intended to doe By the first of these was