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A89724
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An argument in defence of the right of patrons to advousons. And incidently of the right of tythes in generall. As it was delivered to the committee for tythes, on Wednesday the 14 of September 1653 and taken exactly by one that hath skill in tachygraphy or the art of short-writing
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Nortcliffe, Counsellor.
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1653
(1653)
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Wing N1279; Thomason E713_14; ESTC R207166
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6,918
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12
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the Law and Gospel by the Concurrence of all Nacions by the Common Law by the Custom Law of the Land but they are also due by Statute-Law and the Spirituall right of them as it were waved and made Temporall by severall Acts of Parlament To begin with Magna-Charta the begining and Fountain of all our Lawes the Birth-right of the Free-born people of England the pale and bounder of the people from the Tiranny of Kings and Userpers and therfore it was always strugled by the people to be confirmed by all Kings and so it was 32 severall times This MagnaCharta being so many severall times confirmed by so many wise Parlements that my Lord Cook in his second Institutes upon this saith that all Statutes made against it are voyd and this Statute this Magna-Charta the good people of Englands Birth-right this doth establish Tythes other Statutes have been made as the 28 of Ed the First cap. 13. Statutes since the blessed Reformacion and casting off of the Popish yoak Tythes were made Temporal and Recoverable in Common Law Courts by 27 of Hen 8. the 31 32 Sta of Hen the 8. the first of Ed the 6. Ch the 2 of Ed the 6. Ch the 13. and the Statutes in the Late Parlament Thus you see how all Parliaments have been tender of Tythes nay do so much favour Tythes that they give them better Remedy then other Free-holds or Inheritances they give them Treble dammages Objection But some will say that we will pay no Tyths they are supersticious Answer It will receive this Answer that the Statutes made since Hen the 8. and the casting off the Popish yoak and all supersticious uses forfeited to the King yet these Tythes of the parson stood firm and adjudged not supersticious as appeareth in the Bish of Canterberies case and the Bish of Winchesters case in Cooks second Report I need not put you in mind of the severall Acts of the late Parliament being so fresh in your memories Others will object that Tythes are chargeable we will have them by stipends Truly I think they cannot be lesse for they are commonly but 50 100 or 200 Pounds per annum The Clergy of Holland whose Apes wee seem to be in this of Stipends allow as much nay and their Wives and Children provided for to boot but I may say that the people of England payeth no Tythes at all for Cook in his first Institutes 58 saith that all the Lands in England were the Kings Demesnes and I have seen an ancient Record that Ethelwolph the second Monarch of the Saxon Race his Father Egbert beeing the first that brought the former Heptarchy under one sole Prince conferd the Tythes of all the Kingdom upon the Church by his royall Charter or which thus Ingulph Abbot of Crowland and old Saxon writer King Ethelwolph with the consent of his Prelats and Princes which ruled in England under him in their severall Provinces did first enrich the Church of England with the Tythes of all his Lands by his Charter Royall You may see by this that they are of a Temporall constitution with the consent of his Prelats and Princes And that the Case is no more then this Iohn Astiles graunts a Rent charge out of his Land and then selleth me the Land I hope you will all say that I cannot be said to pay the Rent Charge for I considered it in my Purchase Therefore thus you see the people grumble and complain to pay Tythes and to be eased of this great Burden when as indeed they pay none at all Some will say they are Burdensom to pay them in specie we will pay them by Stipends which is more preporcionable and more easie This Objection will receive this Answer that Tythes are more easie First to the Parishoner in generall for now they pay it in specie then they will pay it in nummis numeratis and I know that the Country-man generally had rather pay twelve pence in Free-quarter or in specie then si penc in Money besides now the honest Parson living at home with him can take it at his best convenience but the Collector he is responcible to the Treasurer who expects a strict account therefore the Collector being thus a stranger must ask and have or else distrain and use violence I am sure it will not be proporcionable nor easie to the Parishioner in particular for those who are many hundreds that have a modus decimandi as having purchased Abbey Lands which by order of Cesterciens Hospitallers are free from paying of Tithes or by the Statute of the 31 of Hen. 8. of unity of Possession pay no Tithes or by real composition pay but six pence for 3 hundred pounds per annum will by an alteration of Tithing to a Stipend pay twenty pounds per annum or more thus you see these men undoubtedly injured by this alteration of Tithes into Stipends The Parson I am perswaded will not consent to the alteration of Tithes into Stipends for now he hath his Tithes at home and paid himself he can keep as much of them as will keep his house without sending to the Market the rest he may let his Neighbour have a good bargain in and so maintain a love and correspondency with his Neighbour and receive his money at home when his Neighbour can best spare him it but if he have his maintenance in Stipends and receive it of Treasurers he must often be interrupted in his Studies in making many journeys to him and many of them will prove bootless for the Treasurers will say I am busie or Money is not come in or his Betters must be paid before him with many other Delays which none but those that are acquainted with receiving Moneys of publick Treasuries can imagine Some I know have been compounded out of half their Pay because they have not Moneys to stay in Town for their Pay or because their present occasions necessitates them to it But I have been too much transported with my zeal in speaking too long of the Justice in right of Tithes I shall make you amends in speaking less of the right of Advousons and Fee-Farms issuing out of appropriated Tithes having made the Porch bigger than the House First for Advousons I shall maintain that if Tithes be taken away the Patron will lose his Right of Presenting and his Right in Tithe and that he hath as good an Estate in it as any other man hath in his other Lands and Possesrions and in this I speak but my Lord Cook 's words in his first Institutes fol. 17. b. my Lord Cook doth ground himself upon very many good Authorities in the Law as 7 Ed. 3.63 24 Ed. 3. fol. 34. H. 6.34 19 Ed. 3. Quare impedit 154. Mirrour cap. 3. Sect. 17. Dyer 83. I shall prove it also by Writ out of the Register A rescriptis valet argumentum as first the Writ of Right of Advouson when the Patron loseth by default this is a Writ