diuiding Tithes before witnesses is an old Imperiall attributed in some Editions to the XI yeere of the reigne of Charles the great being King of France in others to the Emperor Lothar the first But referre it to either of them and it will be diuers yeers later then Ecbert's death And other mixt passages there plainly shew that whose soeuer the Collection was much of it was taken out of the Imperiall Capitularies none of which were made in Ecbert's time Perhaps the greatnesse of his name was the cause why some later Compiler of those Excerptions might so inscribe it to gain it autoritie for he was both brother to Edbert King of Northumberland and the first also that after Paulinus restored the name of Archbishoprique and the Pall to Yorke And the heads of a Synod held in Ecbert's time vnder King Ethelbald and Cuthbert Archbishop of Canterburie are yet extant but not any expresse mention is found in them of Tithes although most of the particulars of Church-gouernment are toucht there II. The Autors of the Centuries haue a Synod held in the yeer D. CC.LXXXVI vnder two Legats sent from Pope Hadrian the first with letters for reformation and establishing of Church Laws to Offa King of Mercland and Aelfwold King of Northumberland and to the two Archbishops the particulars of the Synod are related in an Epistle to the Pope from those Legats which were the first that had so come from Rome hither after Augustine wherein it is related that Gregorie Bishop of Ostia one of the Legats went into Northumberland and Theophilact Bishop of Todi the other to Offa who with Kenulph King of West-Saxonie called a Councell for the Southern patt as Aelfwold for the Northern Gregorie sayes That in the Northern parts ad diem Concilij conuenerunt omnes Principes Regionis tam Ecclesiastici quam seculares and after many Institutions of Canon Laws there the XVII Chapter is de Decimis dandis sicut in Lege scriptum est Decimam partem ex omnibus frugibus tuis seu primitijs deferas in Domum Domini Dei tui Rursum per Prophetam Adferte inquit omnem Decimam in horreum meum vt sit cibus in domo mea probate me super hoc si non aperuero vobis cataractas coeli effudero benedictionem vsque ad abundantiam increpabo pro vobis deuorantem qui comedit corrumpit fructum terrae vestrae non erit vltra vinea sterilis in agro dicit Dominus sicut sapiens ait Nemo iustam Eleemosynam de his quae possidet facere valet nisi prius separauerit Domino quod à primordio ipse sibi reddere delegauit Ac per hoc plerumque contigit vt qui Decimam non tribuit ad Decimam reuertitur Vnde etiam cum obtestatione praecipimus vt omnes studeant de omnibus quae possident Decimas dare quia speciale Domini Dei est de nouem partibus sibi viuat Eleemosynas tribuat Et magis eas in abscondito facere suasimus quia scriptum est cum facis Eleemosynam noli tuba canere ante te The autoritie of this Canon may be known out of what is there further added Haec Decreta beatissime Papa Hadriane in Concilio publico coram Rege Aeelfwaldo Archiepiscopo Eanbaldo omnibus Episcopis Abbatibus Regionis seu Senatoribus Ducibus populo terrae proposuimus illi vt superiùs fati sumus cum omni deuotione mentis iuxta possibilitatem virium suarm adiuuante supernâ clementia se in omnibus custodire denouerunt signo Sanctae Crucis in vice vestra in manu nostra confirmauerunt posteà stylo diligenti in Charta huius paginae exarauerunt signum Sanctae Crucis infigentes Then follow some subscriptions of Bishops Et His quoque saluberrimis admonitionibus Presbyteri Diaconi Ecclesiarum Abbates Monasteriorum Iudices Optimates Nobiles vno opere vno ore consensimus subscripsimus After this so concluded in the Northern state the same Legat together with Maluin and Pyttell Embassadors from Aelfwold take with them all those Decrees and Canons and goe to the Councell held vnder Offa for the Western parts Vbi as the words are gloriosus Rex Offa cum Senatoribus terrae vna cum Archiepiscopo Iaenberchto some call him Lambert Sanctae Ecclesiae Dorouernensis that is of Canterburie caeteris Episcopis Regionum conuenerat in conspectu Concilij clarâ voce singula capita perlecta sunt tam Latinè quam Teutonicè that is in English-Saxon which then was the selfe-same with Dutch or Teutonique quo omnes intelligere possent dilucidè reserata sint qui omnes consona voce alacri animo gratias referentes Apostolatus vestri admonitionibus the Legats so write to the Pope promiserunt se diuino adminiculante fauore iuxta qualitatem viriū promitissimâ volūtate in omnibus haec statuta custodire And Offa and his Bishops Abbots and some Princes subscribe with the Crosse to it What Copie of this Synod the Centuriators had or whence they tooke it I find not But if it be of good autoritie it is a most obseruable Law to this purpose being made with such solemnitie by both Powers of both States of Mercland and Northumberland which tooke vp a verie great part of England and it is likely that it was made generall to all England In the relation of the Legats to the Pope mention is of Kenulph King of West-Saxonie his ioyning with Offa in calling the Councell but the confirmations of the Decrees haue no reference to him But by the way if you examine it by storie and Synchronisme Kenulph perhaps could not haue at all to do with it For some of our old Monks expressely affirme That in the second yeer of Brithric next successor after Kenulphs death Pope Adrian sent his Legats in Britanniam ad renouandam fidem quam praedicauerat Augustinus And that they then held their Synod at a place called Cealchithe how could Kenulph be there then as the Legats relate Beleeue the Monks as you will but indeed an exactnesse here is not easie extracted out of the disturbed times of our Chronicles They talk also of a Synod held in Wicanhale for the North parts a yeere or two after Doubtlesse they intend this same that is extant in the Centuries if at least it be of sufficient credit Neither can it be suspected by any circumstance in the subscriptions which being so many might haue by chance soon got among them a character of falsehood had it not been genuine In the printed Houeden Gregorie one of the Legats is called Georgeus perhaps for Gregorius but my Ms. hath also Georgius But if Henry of Huntingdon and Roger of Houeden giue vs the time right of the Legats comming hither then is that mention of Kenulph in their supposed Epistle to the Pope a plaine character of falsehood or ignorance in some
it was constituted that Nullus Abbas nullus Prior nullus omnino Monachus vel Clericus Ecclesiam siue Decimam seu quaelibet beneficia Ecclesiastica de dono Laici sine proprij Episcopi autoritate assensu suscipiat quod si praesumptum fuerit irrita erit donatio huiusmodi c. and some allowance was giuen to these Canons by the King yet it is most certain thât the practice was for diuers yeers afterward otherwise and that Churches with Tithes were most commonly giuen by lay Patrons without the Bishops assent or institution and that as well by filling them with Incumbents as appropriating them to Monasteries Chapters or otherwise Beside the examples that might enough proue it and are obuious in old Chartularies the preamble of a Decretall of Alexander the third sent vnder Henrie the second to all the Bishops of the Prouince of Canterburie is herein full testimonie Ex frequentibus querelis saies he didicimus in partibus vestris consuetudinem prauam à multis retro actis temporibus invaluisse quod Clerici Ecclesiastica beneficia sine consensu Episcopi Dioecesis vel Officialium suorū qui hoc de iure possunt recipiunt minùs quà m deceat sollimitè cogitantes quomodo id à Patrum sanctorū est institutionibus alienum Ecclesiasticae contrarium honestati Vnde cum tu frater c. where you see plainly that course of inuestiture or donation by the Patron without presentation was consuetudo quae a multis retro actis temporibus inualuerat which shews it to haue been then a part of the secular Law though the iudgment of the Bishops and the Pope titles it Praua agreeing to this are other testimonies in Gregories Decretalls and that in Epistles to all the Bishops of England to forbid it and it is specially obserueable how ill the Baronage of England tooke it when Anselm vnder Henrie the first would haue through Papall Canons inhibited the practice of inuestitures vsed by the King and other lay Patrons which is recorded in an Epistle of that Anselm directed to Pope Paschal the second thus speaking Domino Reuerendo Patri diligendo Paschali summo Pontifici Anselmus seruus Ecclesiae Cantuariensis debitam subiectionem orationum assiduitatem Postquam reuocatus ad Episcopatum redij in Angliam ostendi decreta Apostolica quae in Romano Concilio praesens audiui ne scilicet aliquis de manu Regis aut alicuius Laici Ecclesiarum Inuestituras acciperet vt pro hoc eius homo fieret nec aliquis haec transgredientem consecrare praesumeret Quod audientes Rex Principes eius ipsi etiam Episcopi alij minoris ordinis tam grauitèr aceperunt vt assererent se nullo modo huic rei assensum praebituros me de regno potiùs quam hoc seruarent expulsuros à Romana Ecclesia se discessuros vnde reuerende Pater vestrum petij per Epistolam nostram consilium c. This is in the Ms. Volume of Epistles of Anselm fairly writen by Iohn de Grandisono Bishop of Excester in the yeer M.CCC.LXIV in which are aboue C. more then are published in his printed Works they menaced the Archbishop with banishment and the Pope with reuolt from his See only for their withstanding that practice of Inuestiture whereof for so much as concernes Abbeies Priories or Bishopriques in giuing them by the ring and baston much testimonie is in the storie of about that age and the Kings remission of the Inuestitures of those great dignities is frequent but for Parish Churches of which we here chiefly speake the common occurrences of Inuestitures mention them but litle But for the vse of them known also by the name of Institution see the Fine anon transcribed of 33. Hen. 2. as also specially a commission sent by Pope Alexander the third to the Dean of Chichester touching a Parson that was legitimè institutus à Willielmo Nobili viro and had resigned Personatum Capellano Domini But this course of Inuestiture by Lay men after Anselmes time began to bee of lesse vse and some obeying the Canons presented others still collated by Inuestiture till about Richard the first and King Iohns time whereof more in the next Paragraph To the Lay Patrons challenged right of such Inuestiture of Churches and Tithes belongs specially the Granting of Rents and such like out of Rectories by the Patrons only and the Sonnes or others Succession in Parish Churches after the death of their ancestors of both which litle known vulgarly ancient warrant is yet remayning III. For the first in the Chartularie of the Priorie of S. Needs in Huntingdonshire one Robert Fitz-water about King Iohns time giues to the Priorie six marks of siluer nomine certi beneficij in Ecclesia de Wimbisse annuatim percipiendas per manum personae eiusdem Ecclesiae Quare volo saies he vt quicunque in praefata Ecclesia de Wimbis ad praesentationem meam vel haeredum meorum persona instituta fuerit praenominatis Monachis S. Neoti de supradicto beneficio VI. marcarum fidelitatem faciat saluo mihi haeredibus meis iure aduocationis praesentationis c. and diuers other such like are Neither haue I met with a precedent of those times wherein the Encumbent was Grantor as at this day by the Cōmon Law the Church being full I think he must but most vsually a prouision by the Patron was inserted to this purpose that the seuerall Encumbents should by Oth bind themselues to the true payment nor was it so necessarie to haue the ordinaries assent when that which the Ordinarie by the practice of the later Law is to do in his Institution was in frequent practice supplied by the Patrons Inuestiture Out of which may be the better vnderstood that part of the new Canon in the Synod of Westminster held vnder Richard Archbishop of Canterburie in 21 Hen. 2. Nulli liceat Ecclesiam nomine Dotalitij ad aliquem transferre that is That no Patron should giue his Church as it were in Frankmariage or make of it a Donatio propter nuptias as the Ciuilians call it to remain with the husband of his Daughter or Kinswoman during his life How could such a gift haue at all been made by presentation as of later time it is vnderstood Institution or Induction and a most obseruable example of this matter is in a Fine of 33. Hen. 2. in these words Haec est finalis concordia facta in Curia Domini Regis apud Cantuariam anno Regni Regis Henrici secundi XXXIII die Venetis proxima post festum sancti Iohannis Baptistae Coram Radulpho Archidiacono Colecestriae Rogero filio Reinfri Roberto de Witefeld Michaele Belet Iusticiarijs Domini Regis alijs fidelibus Domini Regis ibidem tunc praesentibus inter Priorem de Lewes Monachis eiusdem loci Willielmum filium Arthuri quem Richardus de Budegintun pofuit loco suo
Archdeacon of Leicester while the Bishoprique of Lincolne was void which shewes that those times were the infancie of the exact course of Episcopall Institutions as they are at this day vsed Neither had these any priuiledge of Institution as the Archdeacon of Richmond had anciently giuen him or the like At this day and from long time before the Archdeacon only Inducts as the Books common practice shew But thereof thus much by the way IV. For that other of Succession in the Benefices of the Ancestors doubtlesse that was often when the father or other ancestor was Incumbent and Patron and by that challenged right of the time of Inuestiture and sole disposition of the Church would either in his life time conuey the Benefice to his sonne or heire by grant which by the practice of the time supplyed it seemes as well a Resignation as Presentation Institution and Induction or would so leaue the Aduowson to discend to his heire that he being in Orders might retaine the Church in his owne hands according as the Law then it seems permitted Against this was a Canon made in the Nationall Synod at Westminster in 3. Hen. 1. Vt filij Presbyterorum non sint haeredes Ecclesiarum Patrum suorum And another in 25. Hen. 1. held vnder the Popes Legat. Sancimus as the words are ne quis Ecclesiam sibi siue Praebendam paterna vendicet haereditate aut successorem sibi in aliquo Ecclesiastico constituat Beneficio Without that challenged right of Inuestiture supposed in the Incumbent hauing also the Patronage which supplyed all that the Patron Bishop and Archdeacon at this day do in filling a Church how could any Parson make to himselfe a successor or an heire to haue colour to claim the Incūbencie from his ancestor To this purpose may be well rememberd a passage in a verdict found in Rot. Placit 6. Rich. 1. Rot. 1. of such a kind of conueyance of S. Peeters Church in Cambridge the words are Iuratores benè sciunt quod quidam Langlinus qui tenuit Ecclesiam illam qui fuit persona illius Ecclesiae dedit Ecclesiam illam secundum quod tunc fuit mos Ciuitatis Cantebrigiae cuidam parenti suo Segario nomine qui illam tenuit per LX. annos plus fuit persona illius Ecclesiae ipse posteà dedit Ecclesiam illam Henrico filio suo qui illam tenuit per LX. annos ipse in ligea potestate sua dedit illam Hospitali Cantebrigiae per Cartam suam idem Hospitali habet Ecclesiam illam They discreetly find the custome of the Citie to maintaine the Conueyance supposing it seems that the custome would help the last Grantors title although the Common Law which had by that time receiued some change herein by force of the Papall Decrees should not haue allowd it I know in the Canons another thing is also vnderstood in this matter of Succession that is the irregularitie of the sonne of a Clerk but that can extend only to the matter of Illegitimation vpon Mariage forbidden to the Clergie For which point alone the Bishops refusall had been the best helpe but that indeed the other kind of disposition of Churches by Inuestiture preuented his refusall when Presentation was not made to him V. But after such time as the Decretals and the encreasing authoritie of the Canons about the yeer M.CC. had setled the vniuersall course here of filling of Churches by Presentation to the Bishop or as it seems sometimes it was to the Archdeacon or to the Vicar of the Bishop or Gardian of the Spiritualties that vse of Inuestitures of Churches and Tithes seuerally or together practiced by Lay men was left off and a diuision of Ecclesiasticall Secular right from thence hath continued in practice Neither did the King afterward much lesse common persons fill their common Parochiall Churches without such presentments from Bishops Parochiall Churches for of speciall donatiue Chappels we here speak not neither were Appropriations of Churches Tithes afterward allowd that had not confirmation from the Ordinarie immediat or supreme And in the same age also came in the Law of the Laps whereby the Bishop is to collate after six moneths vpon the Patrons default it being before at his libertie to fill his Church at his pleasure neither was he confined to any time That time of Laps was according as the vse of Presentation grew by degrees setled receiued into the Laws of England out of the generall Councell of Lateran held in 25. Hen. 2. vnder Alexander the third to which foure Bishops according to the ancient vse of this Kingdom that is Hugh Bishop of Durham Iohn Bishop of Norwich Robert Bishop of Hereford and Reinold Bishop of Bath were sent as Agents for the Church of England By that Councell after vacancie of six moneths the Chapter is to bestow those Churches which the Bishop being Patron had left so long void and vpon their default the Metropolitan but no word is of Lay Patrons in it Yet by reason of the Autoritie of that Councell and of a Decretall of the same Pope which speaks of like time vpon default of Lay Patrons it hath beene since taken here generally that after vacancie of six moneths the next Ordinarie is regularly to collate by Laps Which perhaps was receiued for a Law to continue as it hath done in the Councell or Conuocation at Pipewell held in the first of Richard the first and some ten yeers after that Generall Councell of Lateran For in that of Pipewell the principall thing in hand was the prouiding for Churches vpon death of their Pastors Habitus est saith Ralf de Diceto Dean of Pauls vnder King Iohn generalis conuentus iuxta dispositionem Regis Archiepiscopi XVI Kal. Octobris apud Pipewell vt de consilio vacantium per Angliam Ecclesiarum haberetur tractatus I know it was for many Churches then void but it is like enough that according to the generall Councell this Law was then here receiued but that 's only a rouing coniecture and so I leaue it and as in the Canon Law the Councell of Lateran which must be vnderstood that of Alexander the third is commonly affirmed for the autoritie of the originall of the right of this Laps in the case of Bishops specially and Chapters so is it in ancient moniments of our Laws also in the case of Lay Patrons Ante Concilium Lateranense saies Bracton nullum currebat tempus contra praesentantes And in Placit de Banco Mich. 3. Ed. 1. Rot. 105. Staff The Bishop of Couentrie and Lichfield pleads a collation by laps autoritate concilij against the Prior of Landa to the Church of Patingham and in the same Plea Rolls of Pasch. 5. Ed. 1 Rot. 100. Linc. in a quare non admisit by Alienor the Queen Mother against the Bishop of Lincoln for the Church of Orkestow the six Months and the computation
are the expositions of Zonaras and Theodore Balsamon two great Canonists of the Eastern Church Of the V. Chapter THose Abbots spoken of in the 1. § were not of the ministring Clergie properly taken but only principall Gouernors of such as had chosen a separated and single life such as are in good number found in Pailadius his Lausiaca Historia Cassimus and the like more For that of giuing Tithes to the vse of the Poor it seems it must be vnderstood that they were most commonly giuen into the hands of those Abbots or some of the Clergie for their vse and that they dispensed them which may be collected out of the testimonies of that age wherein the goods and treasure of the Church is accounted but as the Poors chiefly in propertie Beside those attributes of Tithes and other things consecrated as tributa egentium animarum and patrimonia pauperum and the like an obseruable admonition is to this purpose found in Isidore Pelusiota that liud about the beginning of these CCCC yeers made to one Maro a Priest whom he often reprehends but specially for not leauing the goods of the Church and of the Poor that is what was offerd in Tithes Rents and other bounties to be kept only by the OEconomus or Dispenser or Steward who in those times receiud them for the Bishop and dispensed them by direction of him and his Clergie but carried them home to his own house 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 saies he 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is Leaue off this wicked course For the Dispenser hath his name from his Dispensing to the Poor what is theirs as the goods of the Church are properly So S. Basile stiles the goods and reuenue of the Church 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the Greek Lawiers call them generally 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or prouision for the Poor And hence is it that diuers Schoolmen to and fro dispute that question whether the dominion or propertie of the reuenue of the Church be in the Clergie and whether what they giue to the Poor be due debilo Iustitiae or debito Claritatis I supposed enough had been said in § 3. to conuince the common error of them which deriue Feudall Tithes from the Clergie of the time of Charles Martell or affirm any common paiment of them then in practice But it is a hard taske to teach obstinat ignorance Let that of Eucherius his vision be as it will which yet cannot stand with the time of his death calculated according to the storie that remains of him howeuer indeed very ancient Autors help to iustifie it it still rests certain that the Constitutions of his time which haue reference to the many sacrileges committed by him and others vpon Monasteries Bishopriques and the rest of the Demesnes of the Clergie neuer spake word of Tithes and with that which is there noted in the margin obserue the seuerall transcripts of that Law of Restitution made in the Synod or Diet at Ratisbon held vnder Caroloman in DCC.XLII as it is in Melchior Goldastus in his first Volume he giues it thus Decimas bonae Ecclesiastica occupata à prophanis restituâ—mus as indeed both Auentin and the Centuries haue it also literally before him both out of corrupted Copies But afterward the diligent Goldastus finding a better Copie entirely again publishes the Laws of that Synod neerer the originall and this one thus Fraudatas pecunias Ecclesiarum Ecclesijs restituimus Some other Copies hauing fundatas but none of any autoritie Decimas pecunia being only their wealth or estate in Lands as in more ancient time pecunia denoted chiefly estate in cattell and then mony as now it doth I know also it had a signification that included offerings of fruits and corn and so might be drawn to denote Tithes offered but that signification was of rare vse and only among the Gentiles Neither as I thinke with some confidence can any man shew me such vse of the word in any Christian Autor of the ancients And the very decree of Thierry King of France and that Charles Martell the Maire du Maison of the yeere DCC.XXX touching the taking from the Clergie their possessions Vt subueniatur necessitatibus publicis solatijs militum pro Dei Ecclesia bono statu Reipub. vniuscuiusque propria pace pugnantium as the words of it are and that of Caroloman in DCC.XLIII speake not a word of Tithes but only of terrae Casatae which were the Ecclesialis pecunia and the small Rents to be reserud to the Church vpon leases made of them which is it seems vnderstood in the more common giuing of them into Lay hands so much spoken of by Flodoard that is Lay men had the benefit of them by hauing Leases of them at small Rents without Fines Neither is any other thing spoken of in the Capitularie exhibited by the Bishops of the Prouinces of Rhemes and Rhosne to the Emperor Lewes the second When I see any testimonie neer Martells time that so may iustifie the receiud tale of his prophaning of Tithes as I may change my mind But seeing so much of his sacrileges left in the storie of neer his age and that not a syllable touching such Tithes as we here enquire after nor any thing els that hath reference to the common paiment of them is found in the Laws made vnder him I still remain confident in what I haue admonished and I think so will euery man els that hath an impartiall eie of iudgment But for that which I haue here noted touching Casata perhaps Casata should rather haue been interpreted a Mesuage or dwelling house For it appears in that Capitularie exhibited to the Emperor Lewes and in some other testimonie of that time that the reseruations ad restaurationem terrarum which may be satisfaction giuen by the Lessees of the Clergie in Rents of land were Nonae Decimae where Decimae haue not to do with paiment of Tithes out of meer lay Fees but only were receiud by reseruation and out of euery Casata xijd. So it may be that Casata is no quantitie of Land there as I haue coniecturd but a house only if it be you see whence I was deceiud pardon me perhaps it was an error I willingly acknowledge so much vpon this Reuiew I acknowledge it if that Capitularie of the Bishops and the other testimonie be therein authentique I somwhat doubt them because the most known and certain Laws of Martells time speak only of xijd. to be serud out of euery Casata and the Nonae and Decimae grow not elswhere into vse till after the beginning of the French Empire and if nothing but Casatae were spoken of there were reason enough why they should be taken for Land But the Nonae and Decimae in those autorities are referd to Land and the xijd. only to Casatae That in the 4. § of the Tithe of time in
Mascon Afterward also we find that Leges Episcopales which were serued by William the first from the Hundred and confined to the Bishops Consistorie that wee may omit the Nationall or Prouinciall Constitutions of this Kingdome made in those elder times according to the old Canons of the Church of Rome And X. yeers before Gratians Decree writen it is certaine that the Canons of the Church generally by the name of Canones and Canonum Decreta for diuers collections were of them an some also confirmd by Papall autoritie beside the Codex Vetus before that of Gratian were familiarly talkt of and vrged in that great Controuersie in the Synod of Winchester in the fourth yeere of King Stephen touching the Castles of Newarke Salisburie and the Vies where the King denied vtterly Censuram Canonum pati that is to haue it determined by them whether or no the two Bishops Roger of Salisburie and Alexander of Lincolne might lawfull keepe their Castles that they had fortified But while the rest of the Bishops stood so much vpon their Canons and euen in the face of Maiestie profest a rebellion the King and the Lay subiects it seems grew so exasperated against them that by publique command for preseruation of the libertie of the Crown and Laitie they were forbidden to be of any more vse in the Kingdom For so perhaps is that to be vnderstood as we haue elswhere noted in Iohn of Chartres where he sayes that Tempore Regis Stephani à regno iussae sunt Leges Romanae quas in Britanniam domus Venerabilis Patris Theobaldi Britanniarum Primatis asciuerat Ne quis etiam libros retineret edicto Regio prohibitum est What he calls Leges Romanae the most learnd Frier Bacon mentioning the same storie stiles Leges Italiae and takes them for the Roman Imperialls and not for the Canan Law I confesse I see not enough cleerly here to iudge vpon the words of Iohn of Chartres whether it were the Canons or the Imperialls on the one side If we say he meant that Theobald or his Clergie brought the Roman Canon Law it might so seem as if it had not been here before in the hands of the Clergie nor partly practiced by them Which doubtlesse is otherwise If on the other side we vnderstand the Imperialls Copies of which indeed might well be at that very time brought as a noueltie hither for they were then newly found and plainly in Henrie the seconds time they were here in the hands of the more curious Scholers as you may see by Iohn of Chartres his citing of them how then is that true which he presenly after saies of the encreasing power and force of those Leges Romanae Sed saith he Deo faciente eò magis virtus legis inualuit quo eam amplius nitebatur impietas infirmare What force or power at all had the Imperiall here afterward where is any signe of it But the obiection against that which might proue them not to haue been the Canon Laws may not difficultly perhaps be answered It is true that the Canons of Rome were here before and read and partly practiced in the Church But diuers Collections were of them about this age of King Stephen and perhaps some later and larger Collection might be brought hither by Archbishop Theobald or some of his Clergie which are vnderstood I think in that Domus Venerabilis Patris Theobaldi He himselfe perhaps might bring Iuo's Decree when he came from Rome in 3. of King Stephen and endeuour the strict practice of it here which the King and the Lay subiect had reason enough to dislike or some of his Clergie might perhaps afterward bring in Gratians Decree that was both compild by Gratian and confirmd by Pope Eugenius the third about ten yeers before Theobalds death that is about 16. of King Stephen And this way those words of Legis virtus inualuit may haue their truth For howeuer that opposition against the Canon Law were it is most certain that this first part of the body of it the Decree was presently vpon the first publication of it in vse in England and familiarly cited by such Diuines as talk◠of what had reference to it witnesse especially Giraldus Cambrensis in his Epistles and the practice of the Canon Law here for the time of Henrie the second is seen in the Epistles of that Iohn of Chartres which yet remain and are I think the ancientest examples of proceedings in our spirituall Courts But notwithstanding that first part of the body of the Canon Law which expresly commanded Tithes to be generally paid were here soon receiud among the Clergie yet about L. yeers after that the former course of Arbitrarie Consecrations of them continued and both that and the rest of those courses in disposition of Church-reuenues which so differ from the Canons and from the practice of this day was not fully alterd till some Decretalls came hither with more powerfull and dreadfull autoritie as the times were of some of the following Popes especially of Alexander the third and Innocent the third which two alone I think sent as many commanding Decretalls into euery Prouince as all their Predecessors had before done and especially into England as is alreadie shewd they sent diuers only for the matter of Tithes which were all first of Papall autoritie for the particular ends for which they were sent and so were obeid as Canon Law although none of them became parts of the generall Canon Law vntill Gregorie the ninth put some of them into his Decretalls autorised by him in the yeer M.CC.XXX about which time perhaps and diuers yeers before the Canon Law of Rome was not only read here priuatly among the Clergie but professed also in Schooles appropried to it so I ghesse is that close Writ of 19. Hen. 3. to be vnderstood which prohibited the holding of Scholae Legum in London it was directed to the Maior Shrifes commanding them Quod per totam Ciùitatem London Clamari faciant firmiter prohiberi ne aliquis Scolas regens de Legibus in eadem Ciuitate de caetero ibidem Leges doceat Et si aliquis ibidem fuerit huiusmodi Scolas regens ipsum fine dilatione cessare faciat T. Rege apud Basing XI die Decembris This was fiue yeers after the Decretalls published and it seems most probable that these Leges were Canon Laws perhaps mixt as vsually they were in the profession also with the Imperials for both of them were it seems studied here vnder Henrie the third by the Clergie more then any other part of learning and therefore were forbidden as being both in regard of their own autoritie against the supreme Maiestie and independencie of the Crown of England The end of the Reuiew The ancient Records and other Manuscripts Vsed in this Historie of Tithes with references to the places where they are cited and to the Offices and Libraries wherein they