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

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onely by vertue of late Statutes But saith hee out of Thorpe a Iudge that in such places out of any Parish as in the forrest of Englewood the King ought to haue the Tythes to dispose of and not the Bishop and relates that the Archbishop made suite to the Councell to haue them Animad 17 Although I know and acknowledge the Kings prerogatiue in disposing all Tythes by his Supreme power in causes Ecclesiasticall yet chiefly in Forrest● for to him alone Forrests did belong and especially that of Englewood which well euen in reason might be granted him for that in Assarted land much grew more Tytheable then before to the more benefit of the Clergie And it is not said the King may keepe but collate to whom he will which inferres the right of Tythes And since as in the Records after the King there claimeth a priuiledge to build Townes erect Churches Assart lands and giue those Churches with the Tythes of that lands to whom he will because it is not within the bounds of a Parish well he might by his Prerogatiue and Supreme power adde the Tythes of the Townes to the Churches as euen by the Capitulars lib. 1. cap. 93. it is granted Sancitum est de Villas nouis Ecclesiis in ijs nouiter constitutis vt Decimae de ijsdem Villis ad easdem Ecclesias conferantur It is ordained concerning new villages and Churches therein newly founded that the Tythes of those villages should be conueyed to those Churches And this is repeated in the Concil Wormatiens can 52. And in Triburiens c. 14. there it is Si vero in qualibet sylua vel deserto loco vltra milliaria 4. aut 5. vel eo amplius aliquid dirutū conlaborauerit illic consentiente Episcopo Ecclesiam construxerit consecratam perpetrauerit prospiciat Presbyterum ad seruitium Dei idoneum studiosum tunc demum Nouam Decimam Nouae reddat Ecclesiae salua tamen potestate Episcopi If in any forrest or desert place aboue 4. or 5. miles off or more any shall repaire or build a new Church by consent of the Bishop and shall haue it consecrated let him prouide a fit and honest Priest for the seruice of God and then let him giue his new Tythes to his new Church reseruing the authoritie to the Bishop For as the Church was consecrated by the Bishop so the Tythes were disposed by his consent for in those times nothing concerning the Church was done without the Bishop or Popes consent and confirmation So in this case the King making of a desart an Adesart But yet Herle the Lawyer is after cited to be of another minde then Thorpe Pag. 367. But that this is not onely a Prerogatiue to the King but the same which the Baronage claimed in King Iohns time hee intimates Animad 18 Whereas yet that was in the building of Churches not in new assarts but in ancient Parishes as that of Lambeth in the Epistle of Innocent was and no forrest And the Kings grant of a prohibition in his owne name alone against the Bishop of Carleile sheweth it not to be a common priuiledge to his Magnates as to himselfe for else as before he would haue put his Magnates as himselfe in the prohibition Pag. 368. Animad 19 Now because Herle a Lawyer sayth that such Tythes out of Parishes might not arbitrarily be giuen but that the Bishop of the Diocesse should haue them he is censured to speake suddenly that is rashly and out of the Canon Law not out of the Common Law If he knew not how to speake as he ought what doeth our Author It were well that hee should Tutor him in his owne profession and shew that Tythes were giuen or assigned to any Church without the consent of Bishop or Pope and what Rule is there in the Common Law concerning Tythes but it is taken from the Ecclesiasticall Law ANIMADVERSIONS on the twelfth Chapter IN this twelfth Chapter first Pag. 370. concerning Appropriations of Churches Hee obserueth that in the Saxons times in their Appropriations they vsed not to say Ecclesia cum decimis or Ecclesia cum decimis in annona c. which in the Normans time was frequent Animad 1 The reason was not because Tythes were not then ioyned to Churches but because they were not as in the Normans time so disioyned But by the word Ecclesias all passed then Afterward by reason of the seuerall translations of them both the explication cum decimis with the parts thereof as also the place was added where the Tythe grew in such a demesnes of such a man and such like which by the Bishops approbation might be altered and translated In this Section of Appropriations he saith The common intent was that the Monasteries should put Clerkes and Vicars in the Churches Animad 2 This is true as Patrons they did praesent and the Bishops did admit and in Appropriations the Bishops did vsually reserue a power of ordaining a competencie to be assigned to the Vicar or did presently doe it at the first and the Vicar had alwaies recourse to the Bishop in any grieuance offered from the proprietaries for the increase of his portion Pag. 371. Of this inioyning the maintenance of Vicars hee produceth two examples of both Prouinces And first of Yorke before Canterburie for he will bee against the knowne authoritie of those prime Seas But in that last in the Prouince of Canterburie out of Pope Lucius wherein is the word In quibus praesentationem habetis he saith this can not be vnderstood of those which the Monasteries enioyed Pleno Iure whereof indeed before he had spoken Animad 3 Yet heere out of our Records let mee tell him that Anno 1255. the Prior and Monkes of Rochester and the Prior or Warden of their Cell at Filchstow in Walton in the Diocese of Norwich did present one Stephen Banaster to the Church of Tremlegh Officiali tunc vices Episcopi Norwicensis gerenti whom the Officiall instituted and yet Iohn the Bishop thereof before had in his cōfirmation said Ecclesiam de Tremblega pleno Iure cum omnibus pertinentibus pertinere ad Priorem Monachos de Waleton That the Church of Trembleigh did belong Pleno Iure to the Monkes of Walton But I conceiue therin pleno Iure rather to be distinguished from non per vices or non excompraesentatione alterius then otherwise though I contradict not the opinion of the Canonists who say a conueyance of Churches pleno Iure to be of the right of Institution and Destitution which in the next example of the next Section may haue place Pag. 373. In this Number to prooue his paradoxe which hee can neuer prooue That Tythes passed from the Patron by his gift no otherwise then Freehold neither was the confirmation of the Ordinarie necessarie Hee proposeth an example of one Robert of Dene who giues to the Church of Lewis a Church with Lands and Tythes and two