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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A61092	The larger treatise concerning tithes long since written and promised by Sir Hen. Spelman, Knight ; together with some other tracts of the same authour and a fragment of Sir Francis Bigot, Knight, all touching the same subject ; whereto is annexed an answer to a question ... concerning the settlement or abolition of tithes by the Parliament ... ; wherein also are comprised some animadversions upon a late little pamphlet called The countries plea against tithes ... ; published by Jer. Stephens, B.D. according to the appointment and trust of the author.; Tithes too hot to be touched	Spelman, Henry, Sir, 1564?-1641.; Stephens, Jeremiah, 1591-1665.; Bigod, Francis, Sir, 1508-1537.	1647 (1647)	Wing S4928; Wing S4917_PARTIAL; ESTC R21992	176,285	297

a year So that the Appropriation of a Parsonage was no more at the first but a grant made by the Pope c. to an Abbot Prior Prebend or some other spirituall person being a Body politique and successive that he and his successors might for ever be Parsons of that Church that is that as one of them died his successors might enter into the Rectory and take the fruits and profits thereof without further trouble of admission institution or induction which upon the matter was no more but to doe that briefly at one cut that otherwise might and would in length of time be done at severall times as to admit institute and induct the whole succession of a religious body politique at once whereas otherwise every successour must have had a particular institution and induction and therefore every such successour during his time was as perfect an Incumbent as if he had been particularly instituted and inducted but when the succession failed then it was again presentative as upon the death of an ordinary Incumbent and by extinction of the House dissolution cession or surrender of the House and Order the appropriation is determined and they are now again presentative for the appropriation is but as a stop in a run which being taken away the former right renueth What alteration then did the Statute make of them did it make them lay or temporall Livings no the words of the Statute are That the King shall have them in as large and ample manner as the Governors of those houses had them c. So that though the Statute changed the owner of the thing yet it changed not the nature of the thing The Monasticall persons had them before as spirituall Livings and now the King must have them in as large manner but still as spirituall Livings and with much more reason might the King so have them then any other temporall men for as the Kingdome and Priesthood were united in the person of our Saviour Christ so the person of a King is not excluded from the function of a Priest though as Christ being a Priest medled not with the kingdome so they as Kings medle not with the Priesthood Yet by the Laws of the Land the King is composed as well of a spirituall body politique as of a temporall and by this his spirituall body he is said to be supream Ordinary that is chief Bishop over all the Bishops in England and in that his Ecclesiasticall or Spirituall authority doth many things which otherwise in his temporall he could not doe and therefore the Statute of 25 H. 8. cap. doth agnise the words authoritate nostra regia Suprema Ecclesiastica qua fungimur which the King useth in divers Charters touching spirituall causes doe testifie that he taketh upon him the execution thereof and therefore in this respect he may much better hold them then his lay subjects Neither is this authority of the King founded upon the Statute of H. 8. or any other puisne institution but deduced anciently from the very Saxon Kings as appeareth by many of their Laws and Charters wherein as supream Ordinary they dispose of the rights and jurisdiction of the Church delivering unto religious persons greater or lesser portion thereof according to their own pleasure and abridging and exempting other from the authority of the Bishops and Archbishops or any other Ecclesiasticall Prelate And in this respect it seemeth that the Chappell of the Kings house was in ancient time under no other Ordinary then the King himself for William the Conquerour granting all exemption to Battail Abbey granteth that it shall be as free from the command of any Bishops as his own Chappell Dominica Capella which as it thereby seemeth was under no other Bishop then the King himself But the Bishops agreed to the granting away of these Church Livings It is true that the Law accounteth the judgement of the major part to be the judgement of all but the Bishops cannot be said to have agreed unto it as being willing with it but as concluded by legall necessity and inference For though all the Bishops said nay yet the Lay Barons by reason of their number exceeding the Bishops were not able to hinder it and no man doubteth that in publique suffrages very many times major pars vincit meliorem therefore I neither accuse nor condemn the reverend Bishops herein for their voices though they had given them every one against the Bill were not able to hinder it Neither doe I think but that they being men of another profession unexercised in the elenchs of the Law were overtaken in the frame of words and thereby passed that away in a cloud which if they had perceived could never have been won from them with iron hooks But in this matter there being a question of Religion Whether Tithes be due jure divino or whether they could be separated from the Church it was not properly a question decidable by the Parliament being composed wholly of Lay persons except some twenty Bishops but the question should first have been moved amongst the Bishops by themselves and the Clergy in the Convocation house and then being there agreed of according to the Word of God brought into the Parliament For as the Temporall Lords exclude the Bishops when it commeth to the decision of a matter of bloud life and member so by the like reason the Bishops ought to exclude the Temporall Lords when it commeth to the decision of a question in Theology for God hath committed the Tabernacle to Levi as well as the kingdome to Juda and though Juda have power over Levi as touching the outward government even of the Temple it self yet Juda medled not with the Oracle the holy Ministery but received the will of God from the mouth of the Priest Therefore when Valentinian the Emperour required Ambrose to come and dispute a point of Arianisme at his Court he besought the Emperour that he might doe it in the Consistory amongst the Bishops and that the Emperour would bee pleased not to be present among them lest his presence should captivate their judgements or intangle their liberty That after the Appropriation the Parsonage still continueth spirituall It appeareth by that which is afore shewed and the circumstances thereof that the Appropriating of a Parsonage or the endowing of a Vicarage out of it doe not cut the Parsonage from the Church or make it temporall but leaveth it still spirituall as well in the eye of the Common Law as of the Canon Law for if it became temporall by the Appropriation then were it within the Statute of Mortmain and forfaited by that very Act. But it is agreed by the 21 Ed. 3. f. 5. and in Plowd Com. fo 499. that it is not Mortmain and therefore doth continue spirituall for which cause also the Ordinary and Ecclesiasticall Officers must have still the same authority over such appropriate Churches as they had before those Churches

being now dead in whose behalf I must avow that the originall is plainly ad nos and not ad vos which lest it should seem either mistaken or questionable King Edgar himself doth manifestly clear it both by deeds and words for of his own authority he removed generally the Clerks of that time that were not professed out of the Monasteries and placed in their rooms Monks and regular persons as appeareth by his owne words in his Charter of Malmesbury Malmsb pag. 58. l 17. And also in the foundation Book of the Abbey of Winchester written all in golden letters wherein likewise he prescribeth the rules for the government of the religious persons there and saith that himself will look to ●●e Monks and that his wife Aelfthryth shall look to t●e Nuns And lest it should seem that he had done this rather out of the will of a Prince then by just authority Hoveden and Historia Jornalensis doe testifie that he did it by the advice and means of Ethelwould Bishop of Winton and Oswald Bishop of Worcester So that the very Clergy of that time agnised executed and affirmed his jurisdiction herein which I will close up with a materiall sentence out of his Charter in Glastenberry extant in Malmsbury de gest Reg. li. 2. pag. 57. where the words be these Concessit etiam scil Edgarus ut sicut ipse in propria ita totius insulae causas in omnibus tam Ecclesiasticis quàm secularibus negotiis absque ulla ullius contradictione Abbas Conventus corrigeret that is King Edgar granted that the Abbot Covent of Glastenberry should correct or amend all causes as well Ecclesiasticall as secular within the whole Isle of Glastenberry as himself did within his own Isle namely of England So that the King here denounceth that himself hath the correction or ordering of all Ecclesiasticall causes within this his Isle And in further declaration thereof doth by that his Charter by and by after prohibit all Bishops from medling within the Isle of Glastenberry and lest he should seem to doe a new thing he closeth it up with this apology That his predecessors Cemwines Ines Ethelardus Cuthredus Elfredus Edwardus Ethelstanus Edmundus had all of them done the like and he might have added out of Bede l. 2. c. 7. that Cenwalch King of West-Saxon of his own authority divided the Sea of Agilbert his Bishop being a French man and of another language which he understood not and gave one part thereof unto Winus a man of his own Nation which though he were afterwards compelled by necessity and discontent of Agilbert to reunite yet his successor Inas divided them again and then they so continued Hen. Huntington l. 4. pa. 33. l. 49. It is true that ad majorem cautelam King Edgar required John 12. to confirme these priviledges lest any as he saith should in future time either take them away or throw out the Monks but himself had first done it of himself and the vigor that the Pope added to it was rather a fortifying of it with a curse against robbers and spoilers then an enlargement of the validity thereof as quicking thereby a livelesse body For so likewise may the Popes own authority be disputable insomuch as he also required the generall Synod then holden at Rome Anno 965. as Malmsbur saith to confirm it But the fashion of those times was that secular Princes sought sometimes to have their temporall Laws confirmed by the Pope with a curse against the breakers thereof as did Howell Dhae for those his Laws of Wales and in like manner was it usuall for Councels and Synods to seek the confirmation of their Canons from temporall Princes as did that of Orleans before spoken of from Clodoveus and the Councell of Toledo from Euricus who made a speciall Law for establishing it as you may see in the Laws of the Wisegothes l. 12. tit 1. ca. 3. ut sic gladius gladium adjuvaret It may be objected that Edgar being the great King of this whole Isle for he styled himself totius Albionis basileus might usurp upon the Church and doe these things rather in the will of a Prince then by just authority It is manifest partly by that which I said before but plentifully by his Charters that the Clergy of that time were so far from denying or repining at this his jurisdiction that they affirmed and subscribed unto it as appeareth in his Charters And how large soever his Dominion was his humility was as great for though in matters of government he carried himself as the head Officer of the Church yet in matters of faith he was so obedient that to expiate his incontinency with a Nun he threw himself at the feet of Dunstan his Bishop submitted himself to seven years penance and presumed not to be consecrated till the 14. year of his reign But these things were no novelties either in the person of Edgar or in the Princes of those ages for the minor Kings themselves within the orbs of their own Dominion used the like jurisdiction as you may perceive by those cited by Edgar in the Charter of Glastenberry and by many other in particular Charters of their own Yea the Kings of Mercia that were but vassals and underlings to the Kings of West-Saxony within the limits of their little Kingdome used the same plenitude of authority as appeareth by the Charter of Kenulphus who lived about the year 850. made to the Abbot of Abingdon wherein he saith Sit autem prae-dict ' rus liberum ab omni regali obstaculo Episcopali jure in sempiternum aevum ut habitantes ejus nullius regis aut ministrorum suorum Episcopive aut suorum officialium jugo deprimantur sed in omnibus rerum eventibus as defensionibus causarum Abbatis Abbindenensis Monasterii de caetero subjiciantur Term. Trinitat 1 H. 7. f. 18. b. And it is there said by the Judges fol. seq b. that many Abbeys in England had larger words then these in the Kings Charter as Omnimoda justitia quicquid regales potestates conferri possunt To leave the Saxon Kings and to come to the Normans that we may see by what channell this fluent of authority hath been deduced to his Majesty Lanfranc Archbishop of Canterbury in the Conquerours time would have given the Abbotship of S. Augustines but the new King saith the book i. William the Conquerour did deny it saying that he would conferre all Pastorall Staves in his Realm and would not conferre that power to any whatsoever Govern you saith he that which appertaineth to faith and Christianity among the Monks but for their outward service you shall let me alone with that You see here that the King doth not in covert manner or by little and little creep into Ecclesiasticall jurisdiction but with an absolute resolution whilest he yet stood as it were but upon the threshold of his Kingdome and might justly fear some notable transmutation in

Anabaptists are more bold in London to take up a publique contestation against them then the Presbyterians to make apology for them for did not one Mr B. C. an Anabaptist manage a dispute against Mr W. I. of Chr. and after that undertake another upon the same argument against M. I. Cr. and offered to proceed in it against all opposition which M. Cr. durst not doe upon pretence of a prohibition from authority Ans. 1. It is no strange thing for men who have a bad cause to set a good face on it and to make out with boldnesse and confidence what is wanting in truth of judgement and strength of argument this is observed of the Papists by a judicious Authour whom he sheweth to have been forward in the offers of disputation with iterated and importunate suits for publique audience and judgement And Bellarmine reporteth out of Surius that Io Cochleus a great Zealot for the Papacy offered to dispute with any Lutheran upon perill of his life if he fayled in the proof of his part of the Question● 2. For the boldnesse of the Anabaptists at this time and in this Cause and this City there may be divers conjectural reasons in particular given thereof besides the generall already observed as 1. Because they advance in their hopes of a toleration of their Sect and to promote that hope they have been so ready to engage in military service with a designe no doubt to get that liberty by force if they be able which by favour of authority they cannot obtain 2. For this matter of Tithes they might be more forward to oppose their tenure because it is a very popular and plausible argument wherein they might have the good wils of the people that they might prevail and their conceits that they did so though they did not because they would be very apt to beleeve what they vehemently desire may come to passe and it is not to be doubted but a dram of seeming probability will prevail more with most worldlings to spare their purses then an ounce of sound reason to put them to charges 3. They might take some encouragement to dispute against Tithes in this City because there is a project to change the maintenance of the Ministers set on foot by many worthy and well-minded Citizens which yet in truth makes nothing for the Anabaptists opinion who would have Ministers maintained by meer benevolence for the Citizens as they intend a more liberall allowance then the former since they see many of their Churches are destitute of Ministers because their Ministers have been destitute of means so they mean that it shall be certain setled by Authority and not left arbitrary to the courtesie of men 3. For the two disputes the one managed betwixt M. W. I. and M. B. C. the other purposed betwixt M. I. Cr. and the same B. C. but disappointed it makes nothing at all for the taking away of Tithes For as touching the former they who were not possessed with prejudice or corrupted with covetousnesse against the truth were much confirmed in the lawfulnesse of such rates as are paid in London under the title of Tithes though indeed they are not Tithes and of such onely was the debate at that time For the intended debate which was to be touching the divine right of Tithes though some godly and prudent men thought it should not have been taken in hand without the warrant of publique authority yet they made no doubt but that the truth of the cause or ability of the man who undertook the defence of it against M. C. would prevail unto victory But for the disappointment it was by the warrant of the Lord Major of the City to them both interdicting the dispute which was both without M. I. Cr. his knowledge and against his good will yet he obeyed the prohibition and when his Antagonist insisted and urged the performance of what was agreed upon notwithstanding the contrary command of the Lord Major his answer was that it was agreeable to the Anabaptists principles to disobey Authority but not according to the principles of Presbyterians And lest B. C. should take it for a token of distrust in his cause and make it an occasion of vain-glory either against the cause or person of M. I. Cr. he proposed the printing of M. B. C. his arguments against Tithes and engaged himself to answer them in print and so to refer both to the judgment of al unbyas●ed Readers which was the best way to give clear and full satisfaction to such as doubt on which side the truth is swayed by the most authentick testimony and soundest reasons It is no part of my task for the present to argue farther for Tithes then may answer the doubt you have proposed to me which is of the Parliaments purpose and proceedings touching the establishing or abolishing of them Animadversions upon the late Pamphlet intituled The Countreys plea against Tithes YEt that you may not be scrupled in conscience as you were in conceit by a new petty Pamphlet against payment of Tithes which perhaps may come to your hands I will give you some animadversions upon it which may also be of use to others as well as to you The title of the Booke is The Countryes plea against Tithes with this addition A Declaration sent to divers eminent Ministers in severall parishes of this Kingdome proving by Gods word and morall reason that Tithes are not due to the Ministers of the Gospell and that the Law for Tithes was a Leviticall Law and to endure no longer then the Leviticall Priesthood did c. Wherein the Authors say much in the outside but make no answerable proof in the inside of the Booke They direct it in the Title page as a Declaration to divers worthy Ministers in the Kingdome and in the beginning of the body of the Book they present it as a joynt Declaration of the people of severall parishes for their opinion concerning Tithes as a Reply to certaine papers from some Ministers pretending to prove Tithes due by authority of Scripture It had been faire dealing if they had printed those papers of the Ministers that it might appeare how well they had answered them But for the confident contradiction of the Divine right they alledge 1. The novelty of them in the Christian state 2. The ceremoniality of them as being meerely Leviticall 3. The inequality of them in severall respects 4. The trouble of them to the Minister For the first they referre the originall of them under the Gospell for the author to Pope Vrbane for the time to the three hundredth yeare after Christs ascension and for proofe of both they cite Origen Cyprian and Gregory at large without any particular quotation to find what they cite untill which time say they there was community of all things among Christians But first they should tell us which Vrban it was who they say began to bring Tithes into use for the maintenance of

Actus ille parliamentarius caeperintque omnia demoliri vi eripi è jurisconsultorum prodiit interpretatione ut praeda haec etiam in casses regios redigeretur Partita ergo ea demum inter regni nobiles necessariò tandem habitum est ut subalternis legibus corroboraretur Sed quò me rapiet fili hujus deductio disrumpendum certe est ne ulterius trahar in labyrinthum Putarem incaepturus silentii veniam verbo uno aut altero à te exporasse quod in rus vocatum itineris me cura jam sollicitat Quandoquidem vero neque brevis est dum redeam via sed nec tempus haec interea nobis excussit amor erga te noster fusiùs multo quàm cogitarem Academici autem nitoris nihil in nostris paginis disquiras oportet Commune enim illud quod scribis mihi tecum est Cantabrigia miserum me mater exuit cum 17. aestates non salutaveram trajectoque celerrime Lincolniensi hospitio in patrium solum adolescens revocor Gravibus hinc inde implicitus negotiis privatis nec à publicis liber ter rapior in Hiberniam Quod reliquum fuit vitae spatium domi satis aerumnose exegi denuò otii desiderio captus Londinum tertio hinc anno veni pace vero mihi videbar exoptatissimâ fruiturus qua Musarum limina ex voto delibarem Sed En nova in me rerum tempestas nova litium moles inopinatè proruit qua luctantem adhuc varieque agitatum nescio quousque detinuerit Poetae autem illud teneo dabit Deus his quoque finem Habes vitae nostrae compendium quam vides magnam amoris effusionem donec aliis tuis per literas quaesitis respondero Sancte faeliciter vale Londini 18. Septemb. 1615. A Treatise concerning Impropriations of benefices Cum privilegio regali THE PREFACE To the King our most gracious Sovereigne Lord Francis Bigod Knight his humble and true faithfull subiect and daily Oratour wisheth daily augmentation and increase of grace and honour I Did not perfytly know most gracious most christen and most vyctorious Prince how that amonge all other vertues that the vertuous gyftes given by grace only throughe the goodnes of Almighty God of the incomparable gyfte of gentlenes and humanite did so habundantly accumulately and so manifestly possesse and reigne in your noble and princely hart till that now it appeareth manifestly by your exterior noble acts and deedes for els undoubtedly I would not only have bin ashamed so to attempt rudely foolishly and rather presumptuously to trouble and disquiet such an imperyall majesty with this my rude and barbarous writing in the hinderance of your godly and spirituall studies with which your highnes taketh such intollerable paine as well to set forth the mere syncere and new glory of God as also the establishment quietnes and unitie of this your christen Comen welthe But also in my owne conceit and opinion calling to remembrance my great and manifold insufficiency in learning to write unto so mighty and famous a Prince I should even by and by have disallowed mine owne behaviour in that behalfe and judged my selfe worthy of blame but now considering most benigne Soveraigne Lord how much all your subjects be imperpetually bound to laud praise and glorifie almighty god to send unto us so Christen a kinge to have rule and governance over us your subjects by whose great and inestimable diligent labour charge study and paine we be delivered from the hard sharpe and X. M. times more than judicyall captivity of that Babylonicall man of Rome to the sweet and soft service yea rather liberty of the gospell I can for my part no lesse do then to present to your grace somthing thereby to declare how gladly I would give thankes to your highnes for such proofs as I among others have received by this said benefit in our deliverance which act is of it selfe so highly to the great peace unyte and welth of this most noble Empyre of England that if there were non other cause but that only we were bound to and with all our diligence and industry to study labour and devise how this benefit exceeding all other might world without end be extolled praised and made immortall and to receyte how much the furtherance of gods glory is by the same act set forth and advanced my learning ne yet wytte will not serve me Yet I dare boldly afferme pondering and considering depely the effect and circumstance of this matter This act is no lesse worthe then well worthy to be set in the booke of Kings of the old testament as a thing sounding to gods honour as much as any other history therein conteyned but what should I attempt or goe about to expresse the condigne and everlasting praises and thankes which your majesty hath deserved of all your hole Cominalt for the benefites before named unlesse I would take in hand like an evill workeman which by reason of his unperfectnes in his science should utterly staine and deface the thing he would most earnestly and diligently shew and set forthe I will therefore most excellent Emperor of this realme set all this aside and shew to your grace the cause of my enterprise for so much as I perceave that all your gracious proceedings are onely driven and conveyed to the most highe just and sincere honour of Almighty God the publique welth and unity of all Christendome most especially of this your most noble Realme of England it hath animated and incouraged me according to the small talent of learning that the Lord hath lent to me to put your grace in remembrance of the intollerable pestilence of Impropriations of benefices to religious persons as they will be called some to men and some to women which in mine opinion is a thing plainly repugnant to the most holy and blessed decrees and ordinances of Almighty God and highly to the extolling supporting and maintenance of the usurped power of the Bishop of Rome as your Majesty shall perceave in reading of this little treatise which your grace not being offended I shall ever God willing be able justly to defend and also stop the mouthes of them that shall say and abide by the contrary and that not with mine owne words but with authorities of holy Scripture And further I doe most humbly upon both my knees beseech your Imperiall Majesty that unto such time as this my little book be cleerly confuted by like holy Scripture and authorities as I have approved the same that it may safely goe abroad under protection of your gracious and redoubted name And for the prosperous preservation of your most royall estate of your most noble and vertuous Queene of your deere daughter Lady Princesse daughter and heire to you both according to my most bound duty I shall daily pray my life enduring Sir Francis Bigott Knight of Yorkshire wrote this Treatise whereof this Preface I received from Sir Henry Spelman but the rest