Conquerour in the fourth year of his Reign c. 8 9. forecited To which may be added the Great Charters of King Henry the first and King John recorded in Matthew Paris ratified by King Henry the 3d. in his Magna Charta c. 11. made in the 9th year of his Reign confirmed by above 37 Acts of Parliament since in many successive Parliaments That the Church of England shall be free now in greater Bondage than ever and shall have all her whole Rights and Liberties inviolable never so much violated diminished as now notwithstanding all Oaths Laws Covenants Declarations Protestations lately and all antient Solemn Curses and Excommunications annually made against the Infringers thereof 13 E. 1. 17 E. 3. 14. 2 H. 4. c. 4. Enacting the Cistertian Monks to pay Tithes to Ministers and Evangelists notwithstanding any Buls of Exemption from the Pope which the King and Parliament declared to be void and that the Promâ—vers or Executors of any such Buls shall be attainted in a Praemunire It appears by the Parliament Roll of 2 H. 4. nu 40. This Act was made upon the Petition of all the Commons which because not extant in print pertinent to the present business of Tithes and unknown to most I shall here transcribe at large May it please our most gracious Lord the King to consider That whereas time out of mind the Religions men of the Order of the Cistercians of your Realm of England have paid all manner of Tithes of their lands tenements possessions let to farm or manured and occupied by other persons besides themselves and of manner of things tithable being and growing upon the same lands tenements and possessions in the same manner as your other Lieges of the said Realm Yet so it is that of late the said Religious have purchased a Bull from our Holy Father the Pope by the which our said Holy Father hath granted to the said Religious That they shall pay no Tithes of their Lands Tenements Possessions Woods Eattel or any thing whatsoever although they are or shall be leased or farmed notwithstanding any Title of Prescription or Right acquired or which hereafter may be had or acquired to the contrary The which Pursute and Grant is apparently against the Laws and Customs of your Realm by reason that divers Compositions real and Indentures are made between many of the said Religioius and others your Lieges of the prise of such Tithes and also by reason that in divers Parishes the Tithes demanded by the said Religious by colour of the said Bull exceed the fourth part of the value of the Benefices within whose limits and bounds they are and so if the said Bull should be executed much more the late Petions against all Tithes and coercive Maintenance for Ministers câ—ndescended to as well your dreadfull Majesty â—s your Lieges Patrons of the said Benefices shall receive great losses in their Advowsons of the said Benefices and the Conusance which in this behalf appertains and in all times hath belonged to your Regality shall be discussed in Court Christian against the said Laws and Customes besides pray mark the prevailing reason the Troubles and Commotions which may arise among your people by the motion and execution of such Novelties within your Realm That hereupon by assent of the Lords and Commons in this present Parliament you would be pleased to ordain that if the said religious or any other put or shall put the said Bull in execution shall be put out of your Protection by due Process made in this behalf and their goods forfeited to You lost and that as a work of Charity Which Petition being read and considered was answered in the words following It is accorded by the King and Lords in Parliament That the Order of the Cistertians shall be in the state they were before the time of the Bull purchased comprised in this Petition and that as well those of the said Order as all others Religious and Secular of what estate or condition soever they be who shall put the said Bull in execution or shall hereafter take advantage in any manner of any such Bulls already purchased or to be purchased shall have Process made against them and either of them by sommoning them within a moneth by a Writ of Premunire Facias And if they make default or shall be attainted that they shall be put out of the Kings Protection and incur the peines and forfeitures comprised in the Statute of Provisors made in the 13. year of King Richard And moreover for to eschue many probable mischiefs likely to arise in time to come that our said Lord the King shall send to our Holy Father the Pope for to repeal and annal the said Bulls purchased and to abstain to make any such Grant hereafter To which Answer the Commons well agreed and that it should be made into a Statute From which memorable Record I shall desire Iohn Canne and all his ignorant deluded Disciples who cry out against Tithes and the payment of them as Popish to observe 1. That all the Commons of England in this Parliament even in times of Popery together with the King and Lords resolve the quite contrary That the exemption of any order of men from payment of their due and accustomed Tithes is Popish and that the Pope was the first and only man who presumed by his Bulls to exempt men from payment of due and accustomed Tithes to their Ministers 2ly That Popish Friers of the Cistercian Order not Godly Saints abhorring Monkerie and Poperie were the first men who sued for procured and executed such Exemptions from the Pope and that merely out of Covetousness against the express word and Law of God as our John Salisbury de Nugis Curialium l. 7. c. 21. and our Arch-deacon of Bathe Petrus Blesensis observe who tax them for it And therefore the petitioning writing endeavouring to procure a like exemption from the payment of antient and accustomed Tithes to our Ministers must be Popish and Monkish likewise infused into our New lighted Saints by some Popish Monks and Jesuits disguised under the notion of New-lights Seekers Anabaptists c. 3ly That they declare this Bull though granted by their Holy-Father the Pope whose Authority and esteem was then very great to be against the Laws and Customs of the Realm and thereupon repeal null it for the present and provide against the grant of any such Bulls for Non-payment of Tithes for the future and make the Procurers and Executioners of them subject to a Praemunire Such a transcendent Crime and Grievance did they then adjudge it to seek or procure the least exemption from payment of Tithes from any earthly Powers yea from their very Holy Father the Pope himself then in his highest Power 4ly That they resolve the exemption from Tithes though amounting but to a fourth part in every Parish would prove a great prejudice to the King and all other Patrons in their Advowsons
of the Tithes of some Thousands of our best Benefices unto Abbies and Monasteries and robbing the Ministers of them to whom only they were given by God himself and the first Donors for their Maintenance to the great prejudice both of the Ministers and People was one principal cause that by a Divine Judgement and Providence beyond all mens expectation the Pope and they were both suppressed together on a suddain even by him who not long before had justified his usurped Supremacy against Luther and for which he had received this ominous Title from the Pope DEFENDER OF THE FAITH God grant our New Defenders of the Faith do not as ill â—â— quite those Persons Powers who first commissioned them with their Arms to defend our Faith Church Religion against Iesuites Papists and their Confederates in the Field as King Henry did the Pope after this new Moâ—â—o 7ly That ouâ— God blessed honoured us with the first incomparable Protestant King in the world no Papist but a REAL SAINT beyond any of his years in this or former Ages even young KING EDWARD THE SIXT the first King I read of who by publick Laws and Statutes suppressed banished all Popish Pictures Ceremonies Superstitious Monuments Practices Abuses throughout his Dominions and established the true worship Service Sacraments Ministers and Ministry and Gospel of Christ throughout his Dominions for which all Ages shall call him blessed no waies embesselling or diminishing the Churches Glebes Tithes or Revenues and enacting a New excellent Law for Tithes recovery when detained But God taking him suddenly from hence to a better Kingdom and his Successor Queen Mary defacing deforming his blessed Reformation and restoring both the Pope and Popery again almost to its former height except in point of Monkery which the defacing of the Monasteries prevented 8ly God then blessed our Church and Kingdom with an unparallel'd Protestant Princesse Queen Elizabeth a Nursing Mother to the Church who demolished the whole Body of Popery with the Popes revived usurpations again by publick Acts established the reformed Religion again in greater beauty and purity than at first banishing all Jesuites and Seminary Priests as Traytors restored the exiled Ministers of the Gospel suffering for Religion rewarding them with the rechest Bishopricks and Church-Preferments and planting a faithfull painfull preaching Ministry by degrees in most dark corners of her Dominions endowed them with a setled competent maintenance which our subsequent Protestant Kings continued to them and their Successors without diminution All which considered we of this Isle may with much thankfulnesse to God and honour to our Princes without flattery averr before all the world That the forecited Prophecies of Kings being Nursing Fathers and Queens Nursing-Mothers to the Church and specially Kings and Queens of this Isle have been more really accomplished in the Kings and Queens of this our Island than in the Kings and Queens of any other Isle Kingdom or Nation whatsoever throughout the world and God grant that those who shall succeed them in any other New modelled-form of Government may not prove such Step-Fathers and Step-Mothers to our Churches and Ministers as to demolish the one and strip the other quite naked of all that former Livelihood and remaining small Revenues which they yet enjoy by our Princes Grants Gists Charters Laws and Favours only and thereby give all Godly Ministers and people too in our Nation just cause to cry out with wringed hands weeping eyes and bleeding hearts in the Prophets words Hosea 10. 3 4. For now they shall say We have no King because we feared not the Lord What then should a King do to us or amongst us They have spoken words Swearing falsely in making a Covenant Thus Iudgement springeth up as Hemlock one of the deadliest Poysons to destroy men in the fields Or else to speak in Solomons language to the same effect Prov. 28. 2. For the transgression of a Land many are the Princes thereof as our Land had never so many Transgressions and Princes too as now But by a Man of Vnderstanding and Knowledge and where is such a one to be found to stand up in a Gap the state thereof shall be prolonged Now the Lord raise up such a Man or Men lest God say to our Nation and all Grandees in Power as he did once to the prophane wicked Prince of Israel whose day was come Ezech. 21. 25 26 27. Remove the Diadem and take off the Crown this shall not be the same Exalt him that is Low and abase him that is High I will overturn overturn overturn Church State Laws and it shall be no more untill he come whose Right it is and I will give it him To prevent these treble fatal over-turnings with the wiping and turning of our Jerusalem UPSIDE DOWN like a Dish a certain Fore-runner of a Churches Nations ruine 2 Kings 21. 13. Psal 146. 9. I shall now in the last place present the whole Nation with a brief Catalogue of those manifold Laws Statutes which our Kings have successively made in their Great Councils and Parliaments almost from the very first establishment of Religion in our Island for the due payment of Ministers Tithes by coercive Means Forfeitures Penalties in case of willfull detaining or neglect in paying all or any part of them at the times appointed which those who please may peruse in Câ—ronicon Johannis Brompton Mr. Lambards Archaiâ—n Sir Henry Spelmans Councils Mr. Fox his Acts and Monuments John Bridges his Defence of the Government of the Church of England Book 16. p. 1350. Our Statutes at large and Mr. Rastals Abridgement of Statutes Title Tithes which Laws being well known to most learned men are therefore needlesse fully to transcribe The first of them is the forecited Law Decree of the Council of Calcuth under King Oswald and Oâ—â—a An. 787. of famous King Alfred Anno 787. of King Alfred and Gutburn the Dane cap. 9. De Decimis Deo Debiâ—u about the year 890. of King Edward the elder and Gutburn Anno 905. or 906. as some Cap. 6. in some c. 9. DE DECIMIS ET CENSU ECCLISLE RETENTIS of King Aethelstan made in the famous Council of Gratelean An 928. cap. 1. DE DECIMIS REDDENDIS tam ex Animalibus quam de fructibus terrae which this King himself duly paid and then enjoyned all his great Officers and People duly to render of King Edmond An. 944. c. 2. concluding Qui non solverit ANATHEMA ESTO Of famous King Edgar Anno 967. c. 3. DE DECIMIS Canon 54. of the Kings and Presbyters of Northumberlana made a little after that time Lex 51. of King Aetâ—elred An. 1012. c. 1 4. of King Knute the Dane An. 1032. c. 8. but 15. in some Copies De Decimis reddendis c. 11 17. and a Statute law against obstinate Detainers of Tithes there stiled JURA ET DEBITIONES DIVINAE of King Edward the Confessor about the year 1060. confirmed verbatim by William the
who flourished but 200. years after Christ Modicum uâ—â—squisque stipem Menstrua die vel cum velit et si modo volit si modo possit apponit nam nemo compellitur there was no need when they were so free of their own accord sed sponte conâ—ert Haec quasi deposita pietatis sunt And though their Monthly stipends in regard of their great Poverty were thus termed small comparatively to what they were before the Persecution yet indeed they were very large considered in themselves as by the same Authors following words in this Apology c. 42. appears Plus nostra misericordia insumit vicatim quam vestra Religio templatim they bestowing more in a Liberal free way of Christian Charity in every Village towards their Ministers and Poor than the wealthy Pagan Romans did in their Temples and Sacrifices for the Maintenance of their Paganism In the 9th general Persecution of the Christians about 273 years after Christ or before The Governour of Rome told Saint Lawrence the Martyr Arch-Deacon to Pope Xistus the 2d and Treasurer of the Christians Oblations for the Ministers Maintenance and Poors relief that the common Report then was how the Christians did frequently cell their Lands and disâ—nherit their Children like those in the Acts to enrich the Ministers and relieve the Poor bringing thousands of Sestertii at a time to St. Lawrence out of the sale of their Lands so as their Treasury was so great that he thought to seise on it for a prey Which their bountiful Liberality Prudentius thus poetically expresseth Offerre fundis venditis Sistertiorum Millia Addicta Avorum praedia Faedis sub auctionibus Successor exhaeres gemit Sanctis egens Parentibus Et summa pietasli creditur Nudare dulces beros What need then any Law to compel the Christians to pay Tithes or Ministers dues when in the heat of Persecution they were so bountifull to them and the Poor as thus voluntarily to contribute their whole Estates for their support Whose President if the Cavillers against our present penal Laws Ordinances for Tithes would imitate no Minister nor other voluntary Tith-payers would oppose their repeal And though in these Primitive times of Persecution the Christians being spoyled of their Lands and Possessions could not pay Tithes in kind in most places but were necessitated to such voluntary Contributions as these yet without all peradventure they held the payment of Tithes to Ministers in kind a Divine Moral Duty and in some places and at some times when and where they could did voluntarily pay Tithes as a Duty for their Maintenance without any coercive Laws or Canons upon the bare demand or exhortation of their Ministers by vertue of Gods own Divine Laws as is undeniable by Irenaeus l. 4. c. 34. who records That the Christians in his time being but 180. years after Christ did not give lesse to their Ministers than the Jews did to their Priests by the Law of Moses who received the consecrated TITHES of their people but more Designing omnia quae sunt ipsorum all they had to the Lords use Hilariter ac liberaliter ea quae non sunt minâ—ra Giving chearfully and freely those things which were not lesse than Tithes as having greater hope than they And further confirmed by Origen Homil. 11 in Numeros Saint Cyprian lib. 1. Epist 9. De unitate Ecclesiae the words of Saint Augustine Hom. 48. Majores nostri ideo copiis abundabant quia Deo Decimas dabant And the second Council of Mascin An. 586. Can. 5. Leges Divinae Consulentes Sacerdotibus ac Ministris Ecclesiarum pro Haereditaria portione omni populo praeâ—eperunt Decimas fructuum suorum locis sacris praestare ut nullo labore impediti per res illegitimas possint vacare Ministeriis Quas leges Christianorum Congeries legis temporibus custodivit iutemerata Which prove a long continued Custom and Practice of paying Tithes to Ministers as a Divine Right and Duty used amongst Christians long before St. Augustins dayes and this antient Council And no sooner were the times of Persecution paâ—t but the Divine Right of Tithes was asserted pressed and the due payment of them inculcated by St. Hilary Nazianzen Ambrose Hierom Chrysostom Augustine Eusebius Cassian Cyril of Jerusalem Isiodore Pelusiota and Caesarius Arelatensis all flourishing within 500. years after Christ as Dr. Tillesly proves at large And the people during that space paying their Tithes freely without any compulsion in all places there needed neither Laws nor Canons to enforce their payment whence Agobardus writes thus about the year of our Lord 820. when Laws and Canons began to be made for their payment of the precedent times Nulla compulit necessitas fervente ubique religiosadevotione amore illustrandi Ecclesiae ultro aestuante That there was no need of Canons or Laws to compel the payment of Tithes whiles servent religious Devotion and love of illustrating Churches every where abounded But in succeeding degenerating times when according to Christs prediction the love and zeal of many Christians to God Religion and Ministers began to grow lukewarm and colder than before so as they began to detain their Tithes and Ministers dues then presently Christian Kings and Bishops in Ecclesiastical and Temporal Synods and Councils began generally in all places to make Laws and Canons for the due payment of them declaring in them only the Divine Right Laws and Precepts of God to the People both in the Old and New Testament as a sufficient obligation seconded by their bare Canons and Edicts without any coercion or penalty to oblige them to their due payment The first unquestionable Canon for the payment of Tithes I find extant is that of the second Council of Mascin forecited An. 586. cap. 5. The first Law extent made by any General Council or Parliament for the payment of Tithes is that of the Council of Calcuth in England under Offa and Alfred An. 786 declaring their Divine Right and enjoyning their payment without any Penalty After which Charles the Emperour about the year of our Lord 813. by Canons made in sundry Councils and in his Capitulars or Laws enjoyned the payment of Tithes under pain of being enforced to render them by distresse upon complaint and some small penalties Since which time many Laws and Canons were made in our own and forein Realms till our present times for the due payment of Tithes under sundry penalties which because collected by Sir Henry Spelman in his Councils Mr. Selden in his History of Tithes Bochellus Decret Eccles Gal. l. 6. Tit. 8. De Decimis Fridericus Lindebrogus Codex Legum Antiquarum Surius Binius Crab Lindwood in their Collections of Councils and sundry others I have therefore only given the Reader a brief Catalogue of the principal Civil laws both at home and abroad for the due payment of them reciting more at large but what others for the most part have omitted and are not vulgarly known giving only
and other like to work our ruine have a hand in this Design to deprive our Ministers of their Tithes and Rectories to work their ruine is most apparent First by their former procedings even against their own Secular Priests in England where they seeking to work their utter ruine subversion supplantation to intâ—ude themselves into their imployments by their Machiavel Atheal plots about the year 1600 to 1605 did first by their scandalous Books Libels Slanders against there Priests bring their Persons and Priesthood into scorn and contempt amongst the generality of the English Papists preferring every Lay Brother of their Society before them executing their Priestly Function without a lawfull Call or Ordination and then endeavoured to substract all Maintenance and Contributions from them threatning to make them leap at a Crust and to pine and starve them debarring interrupting all their Maintenance from English Recusants in such sort that many of them pined away through grief of Mind want of Food and were so near perishing that they were necessitated to petition Queen Elizabeth and her Council for some Allowance in their prisons to keep them from starving Yea they and their Jesuited Followers and Proselites derided their Seminarie Priests and Ghostly Fathers in this manner Ah hah hah A Seminary and old Queen Mâ—â—y Priest a Secular c. You shall see them all leap at a Crustere it be long c. And having got Iudas his Office to carry the Mony bagg into their own and Substitutes hands they disposed of the Wealth and Charitie of Catholicks consisting of many thousand pounds where how and to whom they pleased for their own enriching and advancement which made the Secular Priests write that England was become wild Priesthood and Sacraments had in contempt Religion made but a matter of Atheal policy and Priests through the Jesuites Falsehood Calumniations and untrue Suggestions to the Superiours and all Estates brought into such high contempt that their verie Ghostly Children whom they had begotten had forsasaken houted shunned despised them as if they were none other but their Stepfathers and shewed their Charity so coldly to them as many of them were in extream want and few or none of them scarce able to live as we may read in Watsons Quodlibets against Parsons and his Fellow Jesuites p. 16 17 18 20 21 31 37 38 42 43 45 50 51 52 62 63 70 71 80 81 92 93. and elsewhere throughout that Book in Joan. Bogermanus Catechesâ—s Jesuit l. 3. c. 28. Thuanus Hist l. 126 Mercurius Jesuiticus Tom. 1. p. 287. William Clark his Reply to Father Parsons Libel printed 1603. fol. 17 to 32 which being the very condition and complaint of our Godly Protestant Ministers in most places throughout the Nation at this day is no doubt a storm of these Jesuites raysing a very Plot and Design of their hatching â—omenting to ruine our Ministers and their Ministry now as they would have done their own Secular Priests then in England to advance their own power profit 2ly It is evident by Rob. Parsons and other Jesuites old Project for Reformation of England when they should get power in it To take away all Lands Manors Benefices and setled Maintenance of the Church from the English Clergy and Universities and make all Ministers and Scholars mere Pensioners and Stipendiaries at their pleasure set up itinerary Preachers fixed to no particular Church like our wandring Quakers Anabaptists Sectaries of late instead of Parochial Pastors of which more anon 3ly Alfonsus de Vargas Toleâ—anus in his Relatio ad Reges Principes Christianos De Stratagematis Politicis Societatis Jesu ad Monarchiam Orbis terrarum sibi conficiendam printed 1641. cap. 40 to 51. proves at large out of the Jesuites own printed Defence and other Writings That these new Doctors of no Conscience no Faith no honesty or shame have perswaded the Emperour and other Kings against their Oaths Trusts Duties Charters the Law of Nations and all Divine and Human Laws that it was lawfull for them upon a pretext of Necessity for the ease of the people and Maintenance of their Wars Souldiers to alienate the Lands Revenues Maintenance of Abbies Religious men and of the Church upon Souldiers for the defence of their Bodies and of the Church that so themselves might gain a share of them for the advantage of their own Societies contrary to the wills intentions of the first Donors and Founders Whereupon he thus justly jeers them cap. 46. p. 222. That the institution of the Jesuites Society peculiarly tends to this that their Colleges should beinstituted and Society maintained out of the ruines of the Church and rapines of other mens Goods à quibus Societatis Institutor et Conditor Ignatius cum etiamnum ad legionem bellator esseâ— minime alienus fuisse nec a solita Militum rapacitate quicquam demutasse sine ulla ejus contumelia creditur eâ—si autem Militiam mutavit ac simul cum Sociorum ne dicam furum manipulo Christo Imperatori Sacramentum dixit non propterea rapinam omnem ejerare necesse habuit c. he remaining a PLUNDERER still after he became a SAINT Seeing the Propheâ— Isay seemeth thus to prophecy both of his Rapine and Wound in his halting Legg cap. 33. Tunc dividentur Spolia multarum praedarum Claudi diripient rapinam Therefore no wonder this Spirit of Rapine continues in his Disciples who doubtlesse have infused the self-same Spirit of Rapine into our Anabaptists and Souldiers into whose Societies they have secretly insinuated themselves somenting and intending to lengthen out our wars so long of purpose to make a prey of our remaining Church-Revenues Rectories Tithes and College lands too at last as they have done of other Church-Revenues already dissipated out of a pretext of Necessity as is most transparant to all Intelligent peoples eyes thereby to destroy our Religion by devouring our Ministers Churches Patrimonies the probable if not inevitable consequence of this Jesuitical project if effected as is most apparent by this notable passage of Roderyck Mors formerly a Grey Fryer in his Complaint and Supplication to the Parliament of England about 37 H. 8. after the Dissolution of Monasteries pertinent to my purpose and as worthy consideration now as then Ye that be Lords and Burgesses of the Parliament House writes he I require of you in the name of my poor Brethren that are Englishmen and Members of Christs Body that ye consider well as ye will answer before the face of Almighty God in the day of judgement this abuse and see it amended When Antichrist of Rome durst openly without any visor walk up and down thorowout England he had so great favour there and his Children had such crafty wits for the Children of this World are wiser in their Generation than the Children of Light they had not only almost gotten all the best Lands of England into their hands but also most part of the best Benefices both of Parsonages and Vicarages