according to this haue some of our greatest and most learned Writers related But I doubt much how it can at all stand with truth For if Parochiae be here meant only for such as were assigned Limits for those which were sent arbitrarily from the Bishop out of the number of his Chaplains or his Clerus residing for the most part in those elder times with him at his Bishoprique then cleerely Honorius was not the first that made diuision of them Such kind of Parochiae are euen neere as ancient as Bishopriques and questionlesse in Augustines time how could otherwise Gods Seruice be orderly had in the Infancie of the Church And when euer seuerall Churches for Christian Seruice or other places for holy Assemblies began then began such Parochiae And that Churches were built here before Honorius his time is before manifested If on the other side Parochiae be taken for what it's vsually vnderstood that is for such Limits as now make Parishes bounded as well in regard of the profits receiud from the Parishioners due only to the Minister of that Church as of the Incumbents function and residence how will that stand with the communitie of Ecclesiastique profits and the Bishops and his Clergies liuing together that may be without much difficultie discouered out of Bede to haue continued after Honorius also But where euer that testimonie of his diuiding Parishes was first found I doubt it was mis-vnderstood through the various signification of Parochia For in those ancient times Parochia vsually denoted as well a Bishoprique or Diocese or bisceope scyre as the Saxons called it as a lesse Parish That signification is very obuious in the old Councells of both Tongues as it is also specially obserued by the learned Filesacus in his Paroecia and in the moniments of this Kingdome For it is related of King Cenwalch that he diuided Prouinciam in duas Parochias when he made a new Bishoprique at Winchester that was taken out of the Diocese of Dorchester And in the Councell of Hertford held vnder Theodore Archbishop of Canterburie one Canon is Vt nullus Episcoporum Parochiam alterius inuadat sed contentus sit gubernatione creditae sibi plebis So in Florence of Worcester vnder the yeere D. C.LXXX Merciorum Prouincia in quinque Parochias est diuisa that is into fiue Bishopriques And the truth is that it may be said properly enough that Honorius was the first vnder whom his Prouince was diuided into such Parochiae or Bishopriques that is No other Bishopriques except Canterburie London and Rochester were in his Prouince vntill his time those three being almost of one antiquitie But vnder him Byrinus was made first Bishop of the West-Saxons and had his See or Bisceop setle as they calld it at Dorchester and Foelix the Burgugnone was likewise ordaind first Bishop of the East-Angles at Dunwich Which two Ordinations in regard the like had not been in this Prouince of Canterburie from Augustines time till this Honorius were perhaps the cause why it might be related that Honorius primus Prouinciam suam in Parochias diuisit Which although it were to be conceiud of such Parishes as at this day wee call by that name yet could not extend to all his Prouince For not till long after his time was Christianitie receiud in the Kingdome of Sussex which was first conuerted by Wilfrid first Bishop of Selsey in the yeere D. C.LXXIX Hitherto then for aught can out of ancient Moniments be proued no Limits Parochiall in regard of the profits to be receiud from the Parishioners and spent by this or that Minister only were assigned But the ancient course of a kind of communitie of all profits of the Diocese with the Bishop and his Clergie remaind still in vse Neither was the interest of many Churches it seems as yet here in any Lay-founders But the Bishops as I thinke had both the interest and gouernance of the Churches built by the King and tooke care for building new in their owne endowments and hallowing old ones that had been either prophaned since Christian Seruice vsed in them among the Britons or formerly consecrated only to Heathenisme So may you vnderstand that of Byrinus first Bishop of Dorchester Factis dedicatisque Ecclesijs multisque ad Dominum pro eius labore populis aduocatis migrauit ad Dominum as Bedes words are in the Saxon of which it is exprest that the Ciricean Æ¿orhte gehalgode that is made Churches and hallowed them IV. But afterward when deuotion grew firmer and most Lay men of faire estate desired the Countrey-residence of some Chaplains that might be alwaies readie for Christian instruction among them their Families and adioyning Tenants Oratories and Churches began to be built by them also and being hallowed by the Bishops were endowed with peculiar maintenance from the Founders for the Incumbents that should there only reside Which maintenance with all other Ecclesiastique profits that came to the hands of euery such seuerall Incumbent in regard that now the Lay-founder had according to the Territorie of his Demesnes Tenancies or neighbouring Possessions made and assigned both the Limits within which the holy Function was to be exercised and appointed the persons that should repaire to the Church and offer there as also prouided a speciall Salarie for the performance was afterward also restraind from that common Treasurie of the Diocese and made the only reuenue which became perpetually annext to the Church of that Clerk who receiued it Neither was it wonder that the Bishops should giue way to such restraint for had they denied that to Lay founders they had giuen no small cause also of restraining their deuotion Euery man questionlesse would haue been the vnwillinger to haue specially endowd the Church founded for the holy vse chiefely of him his Familie and Tenants if withall he might not haue had the libertie to haue giuen his Incumbent there resident a speciall and seuerall maintenance which could not haue been had the former communitie of the Clergies reuenue still remained Out of these Lay foundations chiefely doubtlesse came those kind of Parishes which at this day are in euery Diocese their differences in quantitie being originally out of the difference of the seuerall Circuits of the Demesnes or Territories possessed by the Founders And after such time as vpon Lay foundations Churches had their profits so limited to their Incumbents no doubt can be but that the Bishops in their Prebends or Aduowsons of Parishes both in Cities and in the Countrey formerly limited only in regard of the Ministers Function restraind also the profits of euery of their seuerall Churches to the Incumbents that so a vniformitie might be receiued in that innouation of Parochiall right At what time these Lay foundations began to be frequent plainly enough appears not But some mention is of them about the yeer D.CC. as you may see in Bede where he speaks of one Puch a Saxon Noble man that had built
Leo the Great he was Pope from CCCC XL to CCCC LX hath diuers Sermons yet remayning De ieiunio Decimi mensis eleemosynis wherein he is very earnest and large in stirring vp euery mans deuotion to offer to his Parish Church part of his receiud fruits but speaks not a word of any certain quantitie The like may be noted in some Homilies of S. Chrysostom touching the Churches maintenance in which you might wonder how Tithes were omitted if either deuotion or doctrine had neer the beginning of these CCCC yeers made payment of them especially in the more Eastern parts of any common vse For the later part of those yeers see towards the end of this Chapter II. But beside the offering of Tenths yeerly as was done by the deuouter sort sometimes to the Ministers of the Sacraments somtimes to Abbots and the like a perpetuall right also of them was consecrated to some Churches by grant or assignment out of such or such land at the owners pleasure and that long before the end of this four hundred yeers These speciall indowments may be collected from a Canon of a Councell of Arles held in the yeer DCCC.XIII which thus speaks Vt Ecclesiae antiquitus constitutae nec Decimis nec vlla possessione priuentur and other Prouincials of that time and Laws of Charlemain agree with it as that of his thus speaking Ecclesiae antiquitus constitutae nec Decimis nec alijs possessionibus priuentur ita vt nouis oratorijs tribuantur These cannot well be vnderstood vnlesse you interpret them to mean Churches anciently endowd with Tithes And what was then about the yeer DCCC said to be anciently endowd must be referd back into some part of the time we now speake of Neither are the moniments of that time without example of such endowments It is reported that Pipin about the yeer DCC.L granted the Tithes of all that lay between Ourt and Lesche two Riuers of Ardoinne to a church consecrated to the honor of S. Monon So I take that in S. Monon's life Beato viro ob titulum Christianitatis mactato Pipinus Rex regaliter Decimas obtulit quas habet inter Letiam Vrtam So about the yeer DC.LXXX Decimancula in Rodulfi Curte that is the right of a Tithe of small value in a place calld Rodulfs Court was consecrated to the Church of Arras And in a confirmation by King Pipin of the foundation of the Abbey of Fulda which was made in DCC.XLII consecrations of Tithes to the same Abbey either alreadie made or thereafter to be made are specially confirmed whatsoeuer it had or thereafter should haue in donis oblationibus Decimisque fidelium absque vllius personae contradictione firmitate perpetuâ fruatur are the words But these kinds of grants it seems were not yet in much vse and what was of them I ghesse might haue beginning not long before DCC yeers from our Sauiour For if they had been known much before the precedent of them could hardly haue been omitted by Marculphus who liud vnder King Clouis the second about the yeer DC.LX. and collected carefully the Formulae or precedents of al kinds of Deeds Conueyances and Grants that were practiced in his time amongst which he hath many by the name of Cessiones and Donationes wherein lands and other profits were giuen to this or that Church but neuer mentions any one for the gift of Tenths III. If the common tale of Charles Martell his taking away the Tithes that Churches were endowd with and giuing them to the Laitie about the yeer DCC.XL were true it were autoritie both for generall payment and speciall endowment in those times of great antiquitie and faire proof but although that of him be receiud as a storie by diuers of late time yet cleerly it can neuer be iustified He was indeed a robber of the Church but he is not mentioned by any old autor of credit to haue medled with Tithes He was Monasteriorum multorum Euersor and Ecclesiasticarum pecuniarum in vsus proprios commutator as Boniface Archbishop of Mentz that liud in his time complains of him that is he took Monasteries Bishopriques Church-Rents and possessions from the Clergie prophand them to lay-hands as a reward of their militarie seruice then done for Christianity against the Saracens who from Spain inuaded the Countrie wherupon also another fiction is too patiently receiud that Eucherius Bishop of Orleans in a vision saw him damned for it and that by a search according as an Angel admonished in his tomb it was also confirmd for truth there being found in it no relique of him but only a dreadfull Serpent The first autor of this Hobgoblin storie seems of like credit with him who euer he was that first publisht that the taking of Tithes was Martels chief sacriledge Tithes in his time were not so vniuersally as yet annext to churches as that they could be the main obiect of such a sacriledge nor are they euer reckond so among those ancients that largely speak of Lay mens oppression by defacing whole Monasteries and Bishopriques in the times that next succeeded Neither is it cleer that in Eucherius his life Martell was dead for it is obserued and taught by that great and most learned Cardinall Baronius that he liud at least ten yeers after Eucherius How then could Eucherius cause his Tomb to be searcht and there find a Serpent That 's enough truth too that Boniface brands him withall for his tyrannical spoiling the Church of her other possessions Longa torsione verenda morte consumtus est the rest is only out of the Legend of Eucherius his life which as other things for the most part of that kind is too full of falshoods to gain to it selfe any credit And some late Canonists that out of his tyrannie against the Church interpret their Decimae infeudatae or feudall Tithes are alike in no small error as in the next Age shall be manifested For neither was the course then vsed in taking the Church reuenues for militarie maintenance to giue them in fee to any Lay man but leases for life were made by Church-men to such as the Prince appointed of great part of their possessions wherupon certain small Rents according to a proportion ordaind by the State were reserud Those leases were somtimes vpon the Princes request renewd but vpon death of the Lessee the estate and possession reuerted to the Church all which appears plainly in a Councel held in the yeer DCC.XLII vnder Prince Carlomann sonne to Martell where that which was so leased is called according to the phrase of the Time Ecclesialis pecunia ouâ— of euery Casaâ—a whereof a shilling was to be reserud to the Church or Monasterie whence it was granted That Casaâ—a was a quantitie of land known certainly from the custom only of euery Countrie as a yard land or a hide of land with vs. the same word but varied
the Appropriations then vsed cannot be vnderstood Briefly therefore for Parish Churches it is plain that as Metropolitique Sees Patriarchats Exarchats also in the Eastern Church and Bishopriques those greater dignities were most vsually at first ordaind and limited according to the distinction of seats of gouernment and inferior Cities tha had been assigned to the Substituts or Vicarij of the Prefecti-praetorio or Vice-Royes of the East and West Empire so were Parishes appointed and deuided to seuerall Ministers within the Ecclesiastique rule of those dignities according to the conueniences of Country Towns and Villages one or more or lesse of such as being but small Territories might not by the Canons be Bishopriques to a Parish the word Paroecia or Parish at first denoting a whole Bishoprique which is but as a great Parish and signifying no otherwise then Diocese but afterward being confined to what our common language restrains it The Curats of those Parishes were such as the Bishop appointed vnder him to haue care of soules in them and those are they which the old Greek Councels call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is Prebyteri Parochiani within the Bishoprique neyther were the Chorepiscopi much different from them These had their Parishes assigned them and in the Churches where they kept their Cure the offerings of deuout Christians were receiued and disposed of in maintenance of the Clergie and reliefe of distressed Christians by the Oeconomi Deacons or other Officers thereto appointed vnder the Bishop Neither had those Parochiall Priests at first such a particular interest in the profits receiued in Oblations as of later time All that was receiued wheresoeuer in the Bishoprique was as a common Treasury to bee so dispensed One part was allowd to the maintenance of the Ministerie out of which euery Parochiall Minister had his salary according to the monthly pay spoken of in the first CCCC yeers another to the reliefe of the poor sicke and strangers a third to the reparation of Churches and a fourth to the Bishop so it appears by the ancient Canons if we may at least herein coniecture of the vse of the time by what they haue ordained And it is like enough to haue been no otherwise so long as these Parochiall functions were so personall that they were not as now so annext to foundations and endowments but rather exercised as by messengers sent from the Bishops who had no such reference to Lay-Patrons as they that afterward came in vpon Inuestiture or Presentment haue had but only were protected by some appointed by the State for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Defensores of the Church as they called them the name of Defensores being in the primitiue time for this and other purposes giuen to such Protectors 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in regard of their assistance and helpe to such as sufferd iniury as Iustinians words are And in the first ordination of this Hierarchie of Bishops and Parochiall Priests it seemes in some Lands wherewith the Bishoprique was endowed the Churches were erected in which the Bishop had a kind of right of aduowson who taking on him the generall care of his Diocese ordained Incumbents in euery of them and the oblations there receiud were of the Churches common treasure and so to be diuided and disposed of quadripartitly But that quadripartit diuision was chiefly in the Diocese of Rome For by some Canons of the French Spanish and some other Churches it was tripartit and had other differences But all this in the primitiue times and from the first establishing of Christianitie by a disposition of the Hierarchie till about D. yeers from Christ it seemes it continued and such kind of Parishes only were those spoken of in that Epistle of Pope Denis the I. about CCLX if at least that Epistle be not a fiction if it be then our Canonists doe ill to vse it at all if not then plainly they abuse it where they pretend in it an originall of such kind of Parishes as since for the most part haue had their beginning from lay-foundations But not long after such time as lay men began to build and endow Parish-Oratories or Churches in their Lordships and in them place or inuest Chaplaines ordaind that is made Priests by the Bishop but not instituted by Presentation as at this day that might receiue the offerings of such as repayred thither for holy seruice that former kind of making a common treasurie in euery Diocese was discontinued and the Chaplaine or Incumbent acknowledging the Lord of his Churches Territory for Patron not much otherwise then as in the ancienter course euery Parochiall Priest did the Bishop that collated to him receiued now the profits that rose out of Christian deuotion to a particular vse of his owne Church the Canons neuerthelesse sauing the fourth part to the Bishop For that Episcopall right grew afterward to bee so established by the receiud Canon Law that till this day where prescription of XL. yeers excludes not the fourth part of all Oblations and Tithes are by it due to the Bishop and some Canonists make it as a duty succeeding in lieu or proportion to the Tenth of the Tenth that was payd by the Leuits to their Priests But howeuer the Canons were in which also it had beene often constituted that euery Church and the profits thereof should be subiect to the Bishops disposition as to the only immediat superior and in some that the founder should be vtterly excluded from all interest yet diuers lay-Patrons in those elder times had or at least challenged in the Oblations receiud from Christian deuotion in their Churches an interest somewhat like to what more anciently the Bishop had in the offerings made at the Churches wherein hee only placed the Ministers Whence the erecting of Churches became amongst some to bee rather gainfull then deuout for the Patron would arbitrarily diuide to the Incumbent and take the rest to his own vse This is manifested in the II. Councell of Bracara held about D.LXX. where a Canon forbids the consecration of Churches built not pro sanctorum patrocinio but sub tributaria conditione as the vse was of some places that is to the end that the lay-founder might haue halfe or other part of the Oblations Si quis are the words Basilicam non pro deuotione fidei sed pro quaestu cupiditatis aedificat vt quicquid ibi de oblatione populi colligitur medium cum Clericis diuidat eo quod Basilicam in terra sua quaestus causa condiderit quod in aliquibus locis vsque modo dicitur fieri Hoc ergo de caetero c. And such a practice is titled a custom of the ancient times in an Epistle attributed to to Pope Damasus And in the IX Councell of Toledo about the yeer DC.LX. Lay-Patrons are forbidden
censuris ne simplices inficiant mordaciter feriantur Sic vnanimes in vera doctrina Ecclesiae permaneamus vt ad eum tendere valeamus de quo canit Propheta Quaerite Dominum confirmamini quaerite faciem eius semper sic laetetur cor quaerentium Dominum hic in via quatenus ipsum quaerentibus dignetur esse merces in patria Amen They were me thinks somwhat vehement and very confident in the point Neither haue I elswhere seen so great autoritie against Russell If Russell were therefore an Heretique doubtlesse he hath had and now hath many fellow-Heretiques for thus many nay the most of such as most curiously inquire herein and diuers Canonists also that are for the morall right of prediall and mixt Tithes denie that personall are otherwise due regularly then as custom or Law positiue which is subiect to custom directs But iudge you of it Reader I only relate it and return to their prosecution against Russell at length news came that he was at Rome whither presently the Conuocation sent agents to whom they allowd for an honorarie salarie a farthing out of euery pound of Church liuings that might there question him before the Bishop of Rome a delegation of the Conisance of the cause was made to a Cardinall who adiudged him to perpetuall imprisonment vnlesse he recanted the Frier afterward brake prison and ran home again where at Pauls Crosse when nothing els could satisfie the secular part of the Clergie he solemnly abiured his heresie as they calld it and to preuent the like in the doctrin of other Minorits Chicheley the Archbishop enioind them all that in their publique Sermons they should teach personall Tithes to be due by the Laws of God and the Church Of later time others haue writen for the diuine right and generall dutie of Tithes you may see Albertus Pius Carpensis against Erasmus Baronius his digression touching them others but especially the diuers Treatises writen to that purpose of late by our Countrie men which are read in euerie hand I purposely abstain from particular mention of their names But neither haue only single autors been lately of that side for prediall and mixt whole Synods also of this age haue in expres words been for them through whose autoritie this ancienter before rememberd they might haue fortified their Conclusions with far greater names then by citing some one or two late single men as they vsually do To omit the Councell of Mentz held in the yeer M.D.XLIX where it is deliuered that Decimae debentur iure Diuino and some other are to that purpose in the Decreta Ecclesiae Gallicanae collected by Bochell In an Edict of Henrie the second of France in M.D.XLII relation is of a remonstrance made to him by the Bishop Dean Canons Chapter and Clergie of Paris wherein they take it cleer that tithes and first fruits were introduitees instituees de droit diuin partant deussent estre payes Loyauement sans fraude The like of the Clergie of the Diocese of Troyes is mentioned in an edict of Charles the ninth in M.D.LXII in the same words and in the yeer before by a Generall Synod of all the Clergie of France at Poissy a complaint was made with that pretence in it the words of the Edict best shew it Charles c. à tous ceux qui ces presentes lettres Verront salut De la part de nos chers bien amies consiellers les Archeuesques Euesques de nostre Royaume et des deputez des Clergez qui ont este n'aguerez assembleza Poissy par nostre commandement nous à este remonstre que combien que les Diximes Primices qui sont leur principall reuenu soient introduitees instituees de droict diuin partant deussent esâ—re payees loyaument sans fraude ce neantmoins plusieurs Agricoles proprietarees c. with these may be reckond that of the Clergies petition in the parliament of 50. Ed. 3. wherein they begin with Licit Decima siluae presertim caeduae de iure diuino ecclesiastico Deo et ecclesiae sit soluenda c. VI. But Although by this Opinion and that of the Canonists Tithes be generally due by the diuine Law and so not subiect if with them you take it for the diuine morall or naturall Law to Ciuill Exceptions as Customes and Prescriptions of discharges or of paiment of lesse or such more whence also reall compositions haue been condemned quia Decimae cum temporalibus non sunt commutandae as the words of an old Pope were to the Bishop of Cusa yet the practised Common Law for by that name as common is distinguished from sacred are the Ciuill or Municipall Laws of all Nations to be stiled hath neuer giuen way herein to the Canons but hath allowd customes and made them subiect to all ciuill titles Infeodations discharges compositions and the like Of Compositions no more shall be spoken seeing they consist rather in indiuiduals then of any generall course we only remember them here as one kind of discharge among other that haue been allowd by common Laws and where Customes and Infeodations hold no man can doubt of the lawfulnesse of Compositions But of Customes in the Edicts made by those Kings of France vpon those remonstrances it appears that what euer the Clergie supposed by their Dixmes introduitees and instituees de droict diuin they complain of abuse only in due paiment of Tithes out of lands suiets redeuables aux dits dixmes c. that is subiect and liable to the paiment of Tithes neither in other words do the Edicts and their verifications giue them remedie And notwithstanding that it were once according to sundrie Canons of that Church thus commanded by an old Law of the yeer M.CC.XXXVIII made by S. Lewes Decimae quibus fuit longo tempore ecclesia per malitiam inhabitantium defraudata Statuimus ordinamus quod restituantur citius amplius laici decimas non detineant sed eas habere clericis permittant yet in that state against the whole course of the Cannon Law in this kind they haue what by reason of ancient Infeodations still continuing what through customs allowed diuers lands to be not at all subiect to any Tithes payable to the Church For their Infeodations although none can be there new created such as were made before that Canon prohibemus of the Councell of Lateran held vnder Alexander the third are to this day remaining and are conueied and discend as other lay inheritances excepting only such as being discharged of feudall seruice haue been giuen in to the Church For their Lawiers with the common opinion but erroneously suppose that all such Infeodations came from the Church and therefore they agree if any feudall Tithes be conueied into the Church freely by themselues not as annexed to other fiefs as castles or mannors nor subiect to tenures reserued that then they are in the Church
Libell That appeares frequently in our Yeer-books where the Issues taken vpon Parochiall Limits are reported But wee may here not vntimely remember an occurrence in the Petitions of the Parlament of 33. Ed. 1. touching the Tithes of Cornwall challenged by the Parsons and Vicars there De Personis Vicarijs sayes the entrie petentibus Decimam in Cornubia vbi Rex soluit annuatim Episcopo Exoniensi pro Decima praedicta ita responsum est Fiat sicut consueuit tempore Comitis Regis The Earle and the King there meant are that great Richard and Henry the third But this must not be vnderstood of the Tithes generally in the Countie although the words might import as much as if the Bishop had receiud them all It was doubtlesse for the Tithe of the Stannaries only For it is true that the Bishop of Exceter had the Tithe of the profits or rent of the Stannaries there anciently giuen and paid him and thereof testimonie enough is vpon record and to that purpose also is that Marginall Note in the Book of those Parlaments Stagmen Cornubiae cleerely that goes for the Stannum Cornubiae as Stagminatores for those of the Works For the time of Edward the third and Richard the second beside that of the Tithes of Silua caedua or Copis Wood whereof enough before in the Laws that belong to it you may remember those complaints of Chaucers Plowman against the Clergie of his age Their Tithing and their Offering both They clemeth it by possession Thereof nil they none forgo But robben men by ransome And then of Parish-Rectors For the Tithing of a Ducke Or an Apple or an Aye They make men swere vpon a Boke Thus they foulen Christs fay And He woll haue Tithing and Offering Maugre whosoeuer it grutch And in the Freres Tale And small Tithers they were foule yshent before the Archdeacon To these for Personall Tithes you may adde that of Mortuaries payable in Beasts regularly before the Statute of 21. Hen. 8. which were reputed due vpon the generall presumption of euery Defuncts negligence in payment of his Personall Tithes The Mortuarie was therefore by the Canons to bee presented with the body at the Buriall as a satisfaction of omission and negligence in paying to the Church those Personall Duties And thence was it stiled Corse-present according whereto I haue seen a Iustification in the Eire of Derby of 4. Ed. 3. to an Action of Trespas brought by Thomas of Goustill against the Parson of Whitwell for the taking of a Horse in which the defendant pleades that it was the Horse of one I. Leyer his Parishioner that died Et que le dit Chiual ensemblement oue autres choses fust mesnes present al Esglise come en nosme de Mortuarie deuant le corps mesme le iour c. il come Parson les prist resceut auxi come custome de la terre de Seint Esglise est c. These shew plainly the receiued and acknowledged Parochiall right in the practice of those times which hath to this day continued neither is it at all necessarie to adde more for the vniforme continuance of it Sauing only that where any Statute hath made a discharge or Prescription or Custome hath setled a Modus Decimandi or certain quantitie payable though neuer so little for the Tithe there by the Laws of the Kingdome the owner is not bound to pay other Tithe then the Statute or Custome or Prescription binds him to Which yet must be so vnderstood in the case of Lay men that Custome or Prescription founded in their possessions as Lay cannot wholly discharge the Tithe or be de non Decimando but may well be de modo only otherwise is it in the case of spiritual persons that may by the common Law be by Prescription wholly discharged and prescribe de non Decimando And this is regularly cleer Law But at what time this Parochiall and common right became first setled with vs in practice is not so cleerly known and though those Decretals before cited suppose it a thing of custom here in Henry the II. his time yet if credit might be giuen to the report of those English Monks which as wee haue before related referd the ordaining of Parochiall right in Tithes to the Generall Councell of Lions held vnder Gregorie the tenth then wee might conclude the right of it no ancienter then about the beginning of our Edward the first But whateuer they meant it is certaine that some both Synodall and secular Lawes of this Kingdome had before that time ordained this right Yet indeed it will be found that the Practice of it here as also in other Countries was not setled till some M.CC. yeers after Christ or at lest was for many yeers before some after discontinued Which may partly be collected out of that Decretall of Pope Innocent the third sent into this Kingdome and dated in the Lateran which is before at large in the Chapter of Laws § XXIII For howeuer the recitals are in those of Alexander the third the one speaking of Generalis institutio for Parochiall payment which as it may denote common custome so also may be vnderstood for some Law of the Kingdome as that of Edgars Knouts the Confessors or some other before related the other of Consueuerint Ecclesijs quibus debentur which doth not of necessitie include a generall practice of Parochiall payment but may as well denote the dutie that comes from arbitrarie Consecrations of which in the next Chapter it is most certain that before about the yeer M.CC. after Christ that is about the time of King Iohn it was most commonly practised by the Laitie to make arbitrarie Consecrations of the Tithes of their possessions to what Monasterie or Church they would sometimes giuing halfe sometimes a third part and at their pleasure all in perpetuall right or otherwise according to the nature of those Consecrations in other Countries of which enough is before related Neither doth expresse testimonie hereof want in that Decretall of Innocent the third made against these kind of arbitrarie Consecrations Multi saith hee in Diocesi tua that is the Prouince of Canterburie Decimas suas pro sua distribuunt voluntate Neither may you vnderstand it as if it had bin done by the waiward opposition of some only against the receiud and allowd Laws of the Kingdome For notwithstanding all those Ordinances both Secular and Synodall anciently here made for due payment it is cleer that in the time before about that Innocent it was not only vsuall in fact for Lay men to conuey the right of their Tithes as Rents-charge or the like to what Church or Monasterie they made choice of but by the course and practice of the Law also of that time both Common and Canon as it was here in vse such conueyances were cleerly good and what was through them so acquired was continually and is to this day except some
of the rest as I could haue translated it and I thinke the iudicious Searcher desires rather the originall tongue whateuer it be then a translation Therefore I suppose if he haue not studied the Laws or otherwise know it he will rather take some minuts pains then blame me for not turning it and howsoeuer to diuers peeuish Ignorants out of their daintie stomachs and a pretence of nothing but the more polished literature it may here seem barbarous and distastfull the truth is it was the plain and genuine French of elder time spoken in the English Court and now lothed only by such a know not at all how to iudge of it nor vnderstand the originall whence it came to be and remain so with vs. I remember that old Father Gregorie of Neocaesarea whom they call Thaumaturgus speaking of the old Imperialls of Rome as they were in their Latin which both then was and now is a most accurat and polite phrase commends them for that they were indeed in an admirable and stately language and in such a one as fitted an Imperiall greatnesse 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 saith hee Yet to me it is crabbed and troublesome and so hee saies he was euer driuen to thinke of it yet in his youth he was put to studie them at Berytus and was taught Latin to that purpose If to so great a man that curious language could seeme no pleasanter when he studied it it is the lesse wonder that the Law French which doth as truly and fully deliuer the matter in our Lawes as the Latin in the Imperialls though indeed farre from polite expression should bee so contemptible among the many petie Ignorants which vsually despise what euer their lazie course of studies hath not furnisht them withall and most indiscreetly censure things only as they see them present without regard to the cause or originall of them which made them that they were first ineuitable and afterward remained not without exceeding difficultie if at all alterable But this by the way Of the IX X.XI.XII.XIII and XIV Chapters VPon the discouerie of the Originall of our Parishes of the ancient and late Practice of Tithing here of Arbitrarie Consecrations of Tithes made by the Laitie of the first setling of Parochiall right to Tithes in England of Appropriations of Exemptions of Infeodations and the ancient Iurisdiction of Tithes all which take vp these VI. Chapters no fit Reader can be so blind as not to see necessarie and new assertions and consequents to be made out of them in euery inquirie that tends to a full knowledge of the true and originall nature of Tithes as they are possest or detaind by either Lay or Clergie man in respect only of any humane positiue Law or ciuill Title But we should here briefly admonish somewhat of our appropriated or consecrated Tithes and conclude all with a touch of the Canon Lawes ancient autoritie which in practice made such alteration in England as is shewed about the yeer M.CC. To the matter of Consecrations and Appropriations here apply what is admonisht touching them in the Reuiew of the VI. Chapter and let euery man first carefully looke that he know the course of old Appropriations and the way how the Monasteries and Colledges came by them before hee conclude rashly of the Tithes that are possessed through them Tithes consecrated and appropriated were purposely dedicate to the Almightie and his Seruice although not without mixture of superstition that we are sure of But although a Tithe generally were due to the Euangelicall Priest iure diuino without any ciuill Title yet we are nothing sure that all or the most appropriated or consecrated Tithes are the selfe same Tithes so due which yet is supposd as cleer and neuer further thought on by such as haue troubled themselues and their Readers whiâ—h arguments for the Church in the point of Appropriations Let him that shall now write of them see here the way how to consider them And let him that detaines them and beleeus them not due iure diuino think of the ancient Dedications of them made to holy vses and howeuer they were abusd to superstition as the other large Indowments of the Church before the Reformation yet followes it not without further consideration that therefore although so dedicated they might be prophand to common vses and Lay hands Consult herein with Diuines But I doubt not but that euery good man wishes that at our dissolution of Monasteries both the Lands and Impropriated Tithes and Churches possessed by them that is things sacred to the Seruice of God although abusd by such as had them had been bestowed rather for the aduancement of the Church to a better maintenance of the labouring and deseruing Ministerie to the fostering of good Arts reliefe of the Poore and other such good vses as might retaine in them for the benefit of the Church or Common-wealth a Character of the wishes of those who first with deuotion dedicated them as in some other Countries vpon the Reformation was religiously done then conferd with such a prodigall dispensation as it happend on those who stood readie to deuoure what was sanctified and haue in no small number since found such enheritances thence deriued to them but as Seius his Horse or the Gold of Tholense But I abstain from censure and adde here by the way a complaint made to the Parlament not long after the Dissolution touching the abuse that followed in the Church through Lay mens possessing of Appropriated Churches and Tithes It deserues to be seriously thought on by euery Lay man that now enioy any of them especially where Diuine seruice is not carefully prouided for Ye that the Lords and Burgesses of Parlament house so are the words of it I require of you in the Name of my poor Brethren that are Inglish men and members of Christes bodie that yee consider well as yee will answer before the face of Almightie God in the day of iudgement this abuse and see it amended Whanas Antichrist of Rome durst openly without any viser walk vp and down thorow out England he had so great fauor ther and his children had such craftie wits fâ—r the children of this worlde are wiser in their generation than the children of light that they had not only almost gotten all the best lands of England into their hands but also the moost part of all the best Benefices both of Personages and Vicarages which were for the most part all impropred to them the Impropriations held by them were much more then one third of all the Parish Churches in England deuided into three parts And whan they had the gifts of any not impropred they gaue them vnto their friends of the which alwaies some were learnd for the Monks found of their friends children at scole And though they were not learnd yet they kept hospitalitie and helped their poor friendes And if the Parsonage were impropred the Monks were bound to deale Almesse