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A66678 Vindiciæ medio-Saxonicæ, or, Tithes totally routed by Magna charta in a reply to an answer of Middlesex letter and petition, in the latter end of a tract, called, A treatise of tubes, wherein the invalidity of the said treatisers arguments are fully manifested, and the said letter and petition clearly vindicated from error and mistake / by Aug. Wingfield ... Wingfield, Augustus. 1653 (1653) Wing W3029; ESTC R11813 4,523 8

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Vindiciae Medio-Saxonicae OR Tithes totally Routed BY MAGNA CHARTA IN A Reply to an Answer of Middlesex Letter and Petition in the latter end of a Tract called A Treatise of Tithes WHEREIN The Invalidity of the said Treatisers Arguments are fully manifested and the said Letter and Petition clearly vindicated from Error and Mistake BY AUG WINGFIELD A Member of this present PARLIAMENT LONDON Printed by F. L. for William Larnar at the Blackmore near Fleet-Bridge 1653. Tithes totally routed by Magna Charta HAving perused a Treatise of Tithes penn'd by way of Answer to its Opponents by one as it is conceived of the long Robe we thought fit to give timely admonition that though he pretend to be a wel wisher to Religion and Propriety yet when he speaketh fair men believe him not for there are it is to be feared seven Abominations in his heart who though his Sophisticated Arguments be covered with deceit yet shall his wickednesse be shewed before the whole Congregation Prov. 26.25 26. In his Epistle to the Reader he discovers both his spirit and his pride censuring his Antagonists as clamorous malitious ignorants though perhaps in the judgement of unbiased Moderators more learned peaceable and more Evangelically spirited than himself But fearing lest his great Diana Tithes the Nursery of contention and strife should in these days of Reformation and restauration of publique Freedom and liberty like Dagon before the Ark fall to the ground and come to nought he hath therefore out of his worldly wisdom judged it very opportune both in reference to himself and also to his Clients the Tith-taking Priesthood and Impropriator in this extremity of time to force into his Aid a Catalogue of Acts of Parliament though to little purpose since few of them before the Statutes of H. 8. intimate so much as a right much lesse command the payment of Parochial Tithes to Priests or others as if this Respondent would make us all beleeve that Ubi nomen Decim● ibi argumentum Decimand● that wheresoever in any Statute the word Tith is found there is an argument for Tithing though by his leave in some of them by him quoted there is not so much as the name * 〈◊〉 Char. c. 1● Ma●● c. 5.25 ● 1 〈…〉 But although he and his Tith-taking Brethren have a long time like Simeon and E●vi confederated together not only to make us ignorants but still to keep so by perswading of us and our fore fathers That Tithes were first due by Divine Law then by Canon Law and now by Statute Law yet are we and the good people of England resolved to be no longer deluded by them with their Paralogisms and deceitfull reasonings And therefore that we may no longer digresse by way of preface we shall now come to reply and to examine those two grand objections which the Author of the said Treatise raiseth against the Middlesex Letter and Petition in the Expository opening of those two Statutes of Magna Charta ch 29. and 1. R. 2. ch 14. where this Respondent saith pag. 13. That for the Penner of the said Letter and Petition to make the People believe that the payment of Tithes is against Magna Charta is such an exposition as was never made upon that Statute and therefore to rectifie this Errour as he calls it he hath laboured though in vain to overthrow the said exposition and those invincible arguments built upon it and to set up his own contrary interpretation and false assertion viz. That Tithes and the payment thereof by the people were confirmed by Magna Charta ch 1. under the Notion of Church rights And first for proof thereof he saith pag. 14. That by the Common Law of this Land at the confirmation of Magna Charta Ecclesiastical persons had remedy to recover their Tithes in the Spiritual Court and then concludes that the Law gives no remedy but where there is a right which assertion is very untrue For Cook upon Tithes faith That by the Common Law Lands are undecimable and if undecimable then certainly by that Law there can be no Church right to Tithes neither to be recovered by virtue thereof in the Spiritual or Popes Court Since the people of England were not bound in Law by his Cannons Neither is Cook single in his opinion For Selden fo 291 saith That Arbitrary disposition of Tithes used by the Laity as well de jure of right as the positive Law then received and practiz'd was as de facto of deed and practise is that which Wickleff remembred in his Complaint to the King and Parliament under R. 2. The substance whereof in brief is That the proud and pompous Priests did constrain the poor People of England viz. by Popish Canons to pay their Tithes unto them whereas within a few years before they paid their Tithes and Offrings at their own free will and pleasure Which is also attested by Ludlow a Judge of Assize in E. 3. who saith That in antient time a man might give his Tith to what Church he would which is true sayes Judge Brook in Abridging the case Selden fol. 252. And the said Author further saith fo 290. That under Innocent the 3d. it was usuall in fact for Laymen by the practice of the Law at that time both Common and Canon to convey the right of their Tithes as Rent-charges or the like to what Church or Monastery they pleased and such Conveyances were clearly good And whereas the Author of the said Treatise p. 14. quoteth Mr. Selden for his Authority of Parochial right he is clearly mistaken since Mr. Seldens judgement in the same place immediately following is cleerly to the contrary and that which is here alleged as the Treatisers main Argument is nothing but the opinion of the Canonists recited by Mr. Selden and by him in the same and following pages fully confuted pag. 144 146. Moreover Magna Charta is by Act of Parliament made in 25 E. 1. called the Confirmation of the Charters adjuged and declared to be the Common Law of the Land which if true as it is most true then Tithes being not so much as named much less confirmed by Magna Charta are not due by the Common Law as the said Respondent weakly supposeth and so not at all under Ecclesiastical cognisance But he objecteth and saith That Tithes are contained in these words The Churches Rights Mag. Char. cap. 1. for further satisfaction whereof see Cooks exposition upon the very same words where he saith that Ecclesiastical persons shall enjoy their lawfull jurisdictions and other their rights but not one word of Tithes without diminution and that no new Rights were given unto them hereby but such as they had before confirmed Now if no new Rights were given then not Tithes since the Author of the said Treatise confesseth p. 14. that the Common Right of Tithes due to the Rector of the Parish is but from the time of K. John and then as M.