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A68720 The historie of tithes that is, the practice of payment of them, the positiue laws made for them, the opinions touching the right of them : a review of it is also annext, which both confirmes it and directs in the vse of it / by I. Selden. Selden, John, 1586-1654. 1618 (1618) STC 22172.3; ESTC S117046 313,611 538

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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
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