doe make themselues so skilfull in the Councels as to ascribe the first distinguished parishes to the Councell of Lateran certainly nihil habent praeter auditum they haue but a little heare-say from some that say either they knowe not or they care not what for they neuer aduisedly examined the Councels and other records of the state of the Church in former times for as it is in the writings of Leo in the fift Lateran Councell Primitiua Seâ—â— 11. ecclesia vbi primum per orbem lacertos mouere cepit prouide attendens quantum oneris humeris impositum haberet diuino consilio parochias instituit diaeceses distinxit that is The Primitiue Church so soone as it began to stretch out her armes ouer the world prouidently considering how great a burthen shee had vpon her shoulders did by diuine counsell ordaine parishes and distinguish diocesses And as for those who make such vse of the councell of Lateran against this point I would knowe of them what they say to these words of this councell of Lateran but because I haue named this to be the fift councell of Lateran it may be that the limiting of parishes was by some of the former councels It is maruell then that this councel should bee so much ouerseene in a matter of fact specially as to say that parishes beganne to be distinguished in the Primitiue Church if that distinction had begun at any of the Lateran Councels the eldest whereof was eleuen hundreth of yeares after that the Primitiue Church began to dispread it selfe ouer all the world And yet to reueale this error something further and to make it most plaine that the distinction of parishes cannot bee shewed to haue taken beginning at any of the Lateran Councels consider that of the first and second Lateran Councel act a non extant their decrees and canons are not to be found And as for the third Lateran councel by that time wee haue examined it we shall be so sufficiently staid with ful satisfaction that we shall not proceed to looke vpon the fourth for this matter for in that third we find that there were distinct parishes before the time of that Councell Concil 〈…〉 Part 1. c. 13. The words thereof are Nonnulli modum auaritiae non ponentes plures eclesias parochialâ—s nâ—â—untur adquirere that is Some men beeing immoderately couetous do labour to get more parish churches The decrees of that councell reckon it a fault to be reformed therefore certainly there were distinctioÌ„s of parishes for could men desire to haue or not be contented with the benefits of one parish when there were no distinctioÌ„s of parishes therfore before this councel of Lateran there were distinctions of parishes Indeed in this Councel there is a Canon for some subdivisions of such parishes as were too large as it seemeth afterward in the time of the Palentine Councel aforenamed 〈◊〉 1. c. 16 it seemeth that some places pleaded freedom and exemption from beeing of the societie of any constituted parish and therefore was it there decreed that parishes should be instituted in cinitatibus castris municipijs In cities castles fortes and all other places in quibus parochie limitatae non sunt wherein parishes are not yet bounded not that before now there were no distinct parishes but that now some abuses or defects were redressed or supplyed But what talk â—e of yesterday when we haue record of the most ancient ages for in the Cabilon councel paying 〈…〉 tythes to new founded Churches is forbidden and in the Councel of Chalcedon we are taught that then theâ—e 〈…〉 15. cap. 17. were distinctions of Bishopprickes and parishes for so are the words Singularum ecclesiarum parochias rustiâ—as manere episcopis qui eas retinere noscuntur that is We decree that the countrie parishes of each Church or diocesse remaine vnto the Bishops which are known to retaine them vnder their gouernement And no maruell seeing that euen a generall diuision of Churches into parishes was made about the yeare 266. when Dionisius Inter decret 〈◊〉 caus 13. q â— was Bishop of Rome Neither yet was this the first time that euer parishes began first to bee constituted though this bee long inough before the pretended Councell of Lateran for in Alexandria about the yeare 180. Eusebius Euseb l. 5. c. 9 reporteth that there were the Churches of Alexandria what meaneth the word in the plurall number it doth not import more Catholike Churches then one for there is but one nor doth he meane more diocesan churches for Alexandria then was but one diocesse therefore by Churches he meaneth the seuerall parishes or congregations Yea and yet sooner in Rome euen before the Platin. ex 〈◊〉 On pâ—â—de epiâ—â— tit death of Iohn the Euangelist histories doe intimate that the Church had her seuerall and distinct limitations Thus haue we made it manifest that neither were parishes first deuided by the decrees of the councel of Lateran neither before the limiting of parishes might men lawfully pay their tithes where they listed but that tithes were euer due to the Church and to the Ministers of Gods word in the Church In generall or ioyntly whiles the antâ—peristasis of persecutioÌ„ did contract or enforce the Church into a narrowe roome so that the whole ministerie of a large countrie liued together in narrow commoÌ„s but seeing the mercie of God hath dissolued this clowd by causing the sunne-shine of his comfortable Gospel to increase in heate and brightnesse inflaming mens hearts with godly zeale and enlightening their vnderstandings with sound knowledge so that the number is increased and that Christian Magistrates are become nursing fathers and nursing mothers vnto the Church and doe cause peaceable and orderly gouernment so that for the more ease of the ministers and farre more aduantage and ease of the people parishes are in all countries prouinces and diocesses distinguished each parish is faithfuly to pay the due tythes to it owne Minister CHAP. IX The iudgement of the auncient Fathers concerning tythes VVEll said Elihu The dares shall speake and the Iob. 32. multitude of yeares shal teach wisedome The very heathen may cause iust shame vnto many in these impudent dayes wherein the antiquitie of our godly forefathers is reputed but as dotage by those whose vnsowne wild-oates and giddie presumptions haue not yet learned the definition of sobrietie Heathen AgameÌ„non who knew not God had yet so much manners as to reuerence the speech of aged Nestor 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Illiad â— O man of age thy speech is sage and grounded on good reason Gracelesse Rehoboam hath knowne to his smart what it is 1. Kin. 12. to despise his auncients Next vnto that auncient of dayes Almightie God speaking in the old and new Testament in the writings of Prophets and Apostles the auncient Fathers both Greeke and Latine who liued neerest the Apostles times can best informe vs in the truth of that diuinitie
not distributed without the consent of the Bishop as appeareth in Ecclesiasticâ—ll stories and in Cyprians epistles This testimonie of Zanchie sheweth that prouision was made for the Ministers of the Primitiue Church two wayes partly by tythes which were paid vnto them more Leuitarum after the same manner that they were paid vnto the Leuites and partly by the bountie of such men as in consideration of the pouertie of the Church bestowed from time to time more or lesse of their goods or lands as an offering vnto God and an addition vnto the maintenance of the Ministerie Secondly here Zanchius testifieth that which is plentifully to be found in auncient writers vz. that these reuenues both of tythes and offerings were wont to be brought vnto the Bishop of each diocesse at whose direction the distribution was made amongest the presbiters or Ministers who were imploied in his diocesse 〈◊〉 1â— q 1. 〈…〉 l. â— c. â—â— and this doth Zanchius speake according as is extant in Gratian and the first tome of the Councells And hereby is discouered the error of those who thinke that before there were distinction of parishes which say they and therein also they are deceiued was Ann. Dom. 1180. not vntill the counsell of Lateran euery man migâ—t pay his tythes to whom himselfe thought good But doe they thinke indeed that before the counsell of Lateran men might pay their tythes to whom they listed then I aske of them by what law were they bound to such payments by a humane constitution nothing lesse for howsoeuer the simplier hearted world heretofore enacted all statutes in shorter lines and fewer words then now they doe yet find we no lawes of so great antiquitie as that they had not then learned to include so necessarie circumstances of paiments as the partie to whom the payment be made If it be then answered that not any humane lawes but meere conscience did mooue men to pay tythes in those former times and therefore did euery man bestow his tythes then vpon that or those parties to whom in conscience he thought them most due then the question is yeelded vz. that tythes are due by the law of God without any humane decree for if the conscience be tied and not by any law of man then certenly there is the direct law of God But the truth is that euer since the Church had a Christian Magistrate and that things could be throughly setled there haue beene humane lawes to enforce the payment of tythes which were formerly due by the law of God for tythes beeing long acknowledged and paid in the Church before there were any humane lawes concerning payments of tythes which were formerly due by the law of God it followeth plainely that they were held due in the Primitiue Church by the law of God and as for that which is surmised of the choise of their teacher vnto whom they would pay it is a very dreame for as we haue shewed the tythes before distinction of parishes were to be brought into the common treasurie and distribution to be made thereof by the consent of the Bishop I doubt not but some precedents may be shewen of men paying their tythes some to one some to an other as each man best fancied but then it was either by speciall licence obtained for that purpose or done by such men as either for their greatnesse could not bee ruled or for their meanesse or loosenesse of the times were not regarded and then factum est sed non oportuit that is that was done which ought to haue beene vndone it beeing contrarie both to the godly custome of the Primitiue times and the wholesome laws of succeeding Churches according to the words of that Palentine Councel Anno 1322. Parochiarum diuisio à sanctis patribus instituta certitudinem 〈◊〉 Palâ—â—t anno 1â—22 cap. de parochiâ—â— parochianorum decimarum debitam solutionem inducit cum verò libertas mutandi parochiam per abusum qui in quibusdam patribus inâ—leuit parochianis indifferenter conceditur tum parochianis ipsis subtrahendi decimas praebetur occasio ecclesijs iniuria in decimarum primitiarum oblationum aliorum iurium subtractione damnabile irrogatur that is The diuision of parishes which the holy Fathers ordained bringeth in both a certentie of parishioners and a due payment of tythes but when libertie of changing parishes is indifferently graunted vnto parishioners through an abuse which grew into fashion in some of the Fathers then occasion is affoarded vnto parishioners to withdraw their tythes and also which is a damnable thing an iniurie is done to the Churches in the detaining of tythes first-fruites offerings and other rights And therefore it was in that counsell decreed as appeareth in the same Chapter that those people who betake themselues to the communion of other Ministers and pay their tythes from their owne parish Minister and also the minister so receiuing any doe incurre the sentence of excommunication Againe further marke that in the Primitiue Church the Bishop and the Ministers did for the most part liue in common in each diocesse clericorum vt plurimum communis erat vita conuersatio so saith Duarenus out of Gratian Duaâ— l. 2 c 1. 〈◊〉 12. qâ— 5. D. 〈◊〉 which same thing a learned man of our owne age and countrie obserueth vpon Act. 20. 28. vz. that the whole clergie did in common attend the whole flocke But in processe of time parishes beganne to be limited in each diocesse in some sooner in others later and then vpon the limiting of distinct parishes Singulis ministerijs certi reditus adiuncti assignati quibus ministri Dua◠〈◊〉 tanquam re propria fruantur eosque ipsi arbitrio suo dispensent atque administrent that is Vnto each ministerie were assigned and adioyned certen reuenues which the ministers enioyed as their owne goods and which themselues did administer and dispence at their owne pleasure And hence we haue an answer readie to the obiection of some who say that if we will haue tythes now as the Leuites had then we must haue as they had common barnes and storehouses into the which the tythes must be first gathered and then distributed But the answer I say is readie to so friuolous a cauill vz. that so it was whiles the Ministers did liue in common as the Leuites vsed but when the state of the Church did require an other course and that parishes were limited seueral men assigned vnto seueral cures to reside among their own seueral parishioners to ouersee theÌ„ to preach publikely to admonish exhorte and comfort priuately then euery Minister hath the tythes and oblations of his owne parish and so his own priuate barne and storehouse where to lay vp the reuenues of his owne ministerie wherewith himselfe and his familie are to be maintained hospitalitie is ot bee vpheld and the poore to be releeued as their need and the ministers abilitie do hold proportion And whereas some
from the rage of his brother he did vowe that if he returned in safetie into his countrie hee would giue the tythes of all his substance to maintaine worship for God in Bethel Also the Gentiles haue sometimes giuen their tythes vnto their gods which practise no doubt as the custome of sacrificing was taken from the example of the Patriarkes And to this effect is that saying of Iunius decimae ture omni post hominum memoriam deo fuerunt sacrae 〈◊〉 l. 3 c. 7. that is Tythes haue time out of mind been holy vnto the Lord by all lawes Hereupon it is as some are of opinion that Church goods or reuenues haue beene aunciently distinguished Duar de benef l. 2. c. â— into temporall and spirituall by spirituall vnderstanding tythes and offerings and by temporall such gleab and other possessions as men of their deuotion and charitie haue bestowed vpon the Church to increase the maintenance of the Ministers because tythes beeing due to the Church by the law of God which is perpetuall they are of perpetuall continuance also but those things which come from men they are caduca fluxa temporaria that is fading transitorie and temporarie For howsoeuer many additions haue by the bountie of men much augmented the estate of the Church yet tythes are not of men but of Gods institution holy to the Lord assigned to his Ministers iure omni by all law or right vnder the law vnder the Gospel and before both and so acknowledged by the very consciences of Heathen men CHAP. XI How Lay men became owners and possessours of tythes FOr the space of six hundred yeares after the incarnation of Christ and of fowre thousand yeares before the incarnation which is from the beginning of the world no prophane hand euer dared to violate these holy things of God but about the yeare sixe hundred which was a time fatall to the world for the birth of many monsters as of impious Turcisme in wretched Mahomet proud Antichristianisme in ambitious Boniface vnnaturall and outragious parricide in disloyall Phocas did arise also that sacrilegious monster Carolus Martellus in the realme of Fraunce of whom wee may say not much otherwise then the Scripture speaketh of Ieroboam the sonne of Nebat which made Israel to sinne Charles Martell made Christian Princes to sinne in drawing them on to spoile the Church by his cursed example For when those barbarous people the Hunnes Gothes and Vandales were become Lords of Italie and had miserably wasted the Churches specially in Lumbardie they beganne to set themselues against Fraunce Carolus Martellus beeing Gag â—â— hist 〈◊〉 l. 4. the onely man in France in regard both of courage and of countenance fit to lead the armie against the Infidells D. â—idleâ— â—â—ew of â—â—v câ—l law pag 14â— could not be perswaded to vndertake that charge vntill hee had gotten the Clergie of France to resigne their tythes into his hands to maintaine the watre the Church and Clergie beeing much affrighted with feare of becomming a pray to the Barbarous and also drawne on with the faire promises of Martellus who solemnly protested vnto the Clergie that so soone as the warres should be ended hee would restore vnto them their own againe with aduantage of recompence yeelded vnto his demands who went against the enemie and ouercame and when vpon his victorie hee should haue been thankfull vnto God and true of his promises to the Church-men hee shewed himselfe a sacrilegious spoiler so as where the tythes of the Church had beene in trust committed into his hands for the needfull aide of the present warres hee diuided them among such of his souldiers as hee thought good to reward and so alienated them from the Church for euer leauing vnto the Clergie some such poore reuersions and fragments as they had reserued for their bare sustenance vngranted at the first to Martellus And thus became Laymen first of all to be owners of tythes vz. by fraud and violence but in processe of time this presumptuous fact became a precedent to be wretchedly imitated in all the parts of the Christian world Krantzius reporteth that the Christian Saxons Kâ—â—nt l. â— metrop c. â— were faine with their tythes to maintaine soldiers for their defence and that Popes to gaine the good wills of Princes did bestow much of the tythes vpon them for feare of beeing dispoiled of all Hereunto is to be added an immoderate admiration Hospâ—â— â—â—â—g Moâ— wherewith the whole world hath doated vpon diuers orders of Munkes and Friars building them houses and Colledges appropriating vnto them the tythes of many large and fruitfull parrishes exempting such lands as they held in any place from beeing tytheable to the incumbents of the parishes for the subtiltie of the Deuil whispering into mens conceits that the preaching of the Gospell bredde heresies schismes and contentions and that the onely way beneficiall to mens soules was the prayers fastings and other obseruances of these Munkes and Friars not onely the common people but euen Kings and Princes Bishops and Popes and all sorts degrees and sexes did so striue to establish and encourage them as that besides many faire possessions of lands much also of the tythes of the church became their patrimony partly Catalog testium verâ—â— tom 2. l. â—5 by annexation partly by exemption and so they sucked the best tythes into their cloysters Furthermore the Popes to aduance their fauourites sometimes their Cosins and sometime their bastards vnder the name of their nephewes euen while they were children would sende their commandements vnto Bishops to conuert the tythes of the fattest benefices in their seuerall diocesses to become prouisions and pensions to maintaine such as the Popes pleasure would appoint An example whereof Matthew Paris reporteth Math. Paris Hen. 3. 37. Ann. 125â— saying that their was an attempt in the diocesse of Lyncolne in England though reiected by that worthy Grosthead who was there then Bishop a very learned man a stout aduersarie vnto the Popes vsurpations In imitation of the aforenamed Martellus diuers as in other Countries so in England tooke vpon them to alienate the tythes from their parish Churches insomuch that not onely the Kings but also Noble men and Bishops would either assigne vnto their fauourites pensions or graunt vnto them exemptions from the tythes of such parrishes as did belong vnto their patronages for restraint D Rid. view of which vngodly practise a statute was made vnder 〈◊〉 cap 10 Edward the third And yet all this while did the Pope by his Bulls and Legates still appropriate parsonages vnto Abbies and Nunneries and in that blind world this was reputed no wrong because this was thought to be done to a good end to maintaine praier and deuotion as we said before in this chapter At last when King Henrie the eight became a defender of the faith in another meaning then the Pope had when he first gaue him that title that is
Prou. 20. 25. Is it possible for a man that is a detainer of tythes if there be not extreame hardnesse in his heart to heare or reade that saying of Malachie without compunction and trembling Ye haue spoyled me in tythes and in offerings yee â—sal â— 8 9. are cursed with a curse because ye haue spoyled mee It is a poore case that any man can haue to his conscience by saying I was not the spoyler it came to me by the means of others when as whosoeuer hath beene the theife thou hast been the receiuer and art still the detainer Decimas Caus 1â— q 7. 〈…〉 quas â—n siue ab episcopis vel regibus vel quibuslibâ—t personis laicâ— acceperint nisiecclesiae reddiderint sctant se sacrilegij crimen committere aternae damnationis periculum incurrere that is Whether men haue receiued the tythes from Bâ—shops or Kings or any other persons except they will restore them to the Church let them knowe that they do commit the sinne of sacriledge and incurre the daunger of eternall damnation To the same effect was that decree of Constantine Contrasacrosanctas ecclesias nihil dicere audeat Euseb de vit Const l â— cap. 39. quas res ad tempus per iniuriam possederit eas ecclesijs iure restituat that is let not a man dare to alleadge any thing against the holy churches but what hee hath for a time vniustly possessed let him iustly restore the same to the Churches It is in vaine for Adam to say it was the woman or for the woman to say it was the serpent for as the serpent hath no excuse so the excuse of the rest can doe them no seruice to defend them against the wrath of God Euen so lay thou the fault vpon thy father thy father vpon King Henrie King Henrie vpon the Pope as vpon the young spawne of the old serpent yet as serpent man and woman are all accursed whosoeuer was the chiefe or first in the busines euen so thou thy father and whosoeuer els wrongeth the Church wittingly and willingly are all cursed with the curse further then you can decline by true repentance which when the sinne is reuealed to the conscience diuinitie acknowledgeth not without restitution so farre as a man is able And therefore to conclude this point I say no more but this vz. Let men take heede how they obstinately detaine what was at the first vnaduisedly and vniustly laid hold vpon for greater is his sinne who will not by admonition be perswaded to desist then his who hath been ouercarried by ouersight Our forefathers were ouerseen take you heede that you be not hardened to choake your selues with the vndigested iuyce of those faire grapes which they haue swallowed and would now most readily vngorge if they might be allowed but one houres respite vpon this earth againe Possessors indeede lay men are and long haue been and reputed owners of tythes but without iust title in the Court of conscience by the which all men must be one day adiudged sacrilegij culpa non vacabit qui aliquid horum ausus fuerit negare aut subtrahere He cannot be free from sacriledge who shall dare to denie or withdrawe any of Gualterin Mat. 23. 23. these things how much more then are they sacrilegious who pull them from the Churches possession CHAP. XII The distinction of tythes into prediall and personall the iniurious customes of these times the diduction of expences in personall tythes THere is acknowledged now adayes a distinction of tythes into prediall and personall Prediall tythes are those called quae enascuntur è praedijs that is which arise out of the grounds by vse and imployments of lands to tylth pasture garden or the like Of these prediall tythes we haue a catalogue Leuit. 27. 30. All tythes of the land of the seede of the land and of all the fruit of the trees vers 31. euerie tyth of bullocke and of sheepe Of these there is yet an other subdiuision into great and smal tythes Of small tythes Christ may seeme to speake saying ye tyth mint and annise and rue intimating that wheras 〈◊〉 23. 23 the prouidence of God doth order and bring forth as well the least branch of mynt or slife of rue or annise as the whole vallyes of corne and whole heards of cattell so it is good reason that the Lord be paid his tribute or tenth out of these smaller and slenderor croppes as well as out of those more plentifull encreasings Yea so exactly doth the Lord require his tythes for they are his tribute as he cannot in any case endure any diminishing thereof whereupon it came to passe that Abel offered his offering vnto God of the best and fattest Abraham paid tythes to Melchisedech 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is of the cheife and principall of the heape and God himselfe gaue strict charge to the people of Israel that no man should exchange or make composition for his tythes except he would giue for it the fift part more then the price thereof If any man will redeeme any of his tythes he shall adde the fift 〈…〉 â—1 part thereunto that so there might be an aboundant warinesse that God should not bee presented with any lesse then his due I would that men who so eagerly presse vpon vs and maintaine against vs the customes of these times would duely consider this and not dare so to robbe God and oppresse his Ministers as vsually they doe beeing so farre from adding a fifth part to the price they giue as that oftentimes they doe not performe the fift part of the tythe for the whole tythe But what should I speake of the fift part when many customes doe scarce pay the twentieth part of the tythe for the whole As in the case of Lactage in most places some pay a pennie where the true tenth is worth twentie thirtie or fourtie shillings as in the case of the smoke pennie or harth siluer yea diuers tythes are vtterly denied and yet nothing allowed in the liewe thereof as of timber And yet it is thought that herein is offered no wrong because they can plead Custome Indeede here we see the saying true Consuetudo peccandi tollit sensum peccati that is men haue gotten such a custome of robbing the poore Church as that they thinke it now to be no sinne the antiquitie of an euill custome should not beare it out with authoritie but make it to appeare the more loathsome and call for the more speedie reformation It is and hath beene an old custome for men to robbe vpon the high waies to coosen in shoppes and to forsweare themselues before Iudges but seeing these customes are as wicked as they are old their gray haires cannot credite them but as there are good lawes and faithfull care to abolish those so there should be also meanes to reforme those which as armed theeues doe robbe the Ministerie and enthrall the soules of those