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A95364 A briefe treatise concerning the chiefe dispute of this time about tithes. Wherein is shewne, 1. That the tenth or tithes are the clergies right, by the lawes of God, of nature, and of this nation. 2. That no person ought to pay above the tenth part of any rate or charge, imposed upon the whole parish, for his parsonage, tithe and gleabe also. By Bevill Turmiger, Gent. Turmiger, Bevill. 1653 (1653) Wing T3263; Thomason E712_13; ESTC R207142 8,447 15

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taught his people the Jewes and Christians by his Word that he taught the Gentiles by the Law of Nature Aug Quis scribit in cordibus hominum naturalem legem nisi ipse Deus that is called the Law of Nature which is writ by God in the hearts of all men by the pen of Nature grounding it selfe upon such manifest rules of Reason that all the Nations of the World perceive them to be just and know they ought to practice them As the Philosophers call this the Law of Nature so the Logicians and Orators call it the Law of Reason the Civilians the Law of Nations and Divines the Morall Law All Nations saith Lactantius agree in this that there is a God that that God ought to be served and that those who are set aside to performe that particular service ought to be maintained which generally hath been performed by the payment of Tithes The first Tithe that we reade of paid by the Gentiles was that of Dyonisius commonly called Bacchus after his Conquest over the Indians Magno Jovi 600. years after Abraham paid Tythes to Melchisedeck which is as ancient as we have any History of the Gentiles and before Moses his setling the Common-wealth of the Jewes so the Sicilians Athenians Arabians Aethiopians and as Paulus Diaconus saith all the Gentiles decimas veteres diis suis offerbaut and Diodorus Siculus who lived with Julius Cesar saith it was the constant course of all people and that not onely of the fruits of the Earth but of that also which they got by labour and hazard of their lives for he that giveth all with have some acknowledgement of all and from all even from the Military men out of the spoile they got by Warre So Abraham so Bacchus so Cyrus so Furius Camillus so Alexander the great and so doe the Turkes to this day See Herodotus in Clio fol 36. Livi. lib. 5. Plin. lib. 12. cap. 14. Diodorus Siculus c. 3. Concerning the Law of this Nation if it was not plaine and manifest few I doubt in these times would pay them many accounting them a great grievance and oppression daily Petitioning against them and although enough is said already to satisfie any honest rationall man yet to shew how unreasonable their demands are and how unjust it would be to take them away or otherwayes employ them I intend to shew how they first came to the Church in this Nation and how by Law to be established as Moses the temporall ruler of the people of Israel was counted amongst the Priests Psal 99.6 so the Law of this Land accounted the King Personam mixtam medium commune quiddam inter Sacerdotes Laicos and hath assign'd unto him a politick body composed of Ecclesiasticall and Civill Subjects Cooke de Jur Eccles and as he was girt at his Coronation with a Sword by the Lay-Peers so was he Anointed by the Bishops with Oyle having jurisdiction severall over all as well Ecclesiasticall as Civill as head of the Common-wealth so of the Church being the supreame Bishop over all Bishops in England whence his stile was Vicarius summi Regis not summi Pontificis This anoynting with Oyle was not common to all Christian Kings for in King Henry the seconds time of 24. Christian Kings in number onely 4. of them besides the Emperour were anoynted and Crowned namely the Kings of England France Jerusalem and Sicily Famours Alfred or Allured about the yeare 860. was anoynted and Crowned at Rome by Leo 4. since which his successors have been ever anoynted and Crowned and thereby with David Jehoshaphat and Hezekias made capable of spirituall Jurisdiction so also the Kings of France from Clodovius so also the Kings of Jerusalem and Sicily the right of which two Kingdomes now resideth in the King of Spaine who before he had their rights was neither anointed nor Crowned and for France that right was in the King of England though de facto another hath it in possession the King of Spain also holds in feudo of the Sea of Rome Jerusalem and Sicily so that in this point of anoynting and spirituall jurisdiction the Kings of England have been peerelesse and for their Temporall power also had more to say for themselves then any King in Christendome for Edward Son to Edmon Ironside surnamed the Outlaw because he was banished all the raignes of Canutus and his Sons the Danes yet recalled when Edward the Confessor yonger brother to Edmon Ironside obtained the Crowne he Marryed Agatha Daughter to Hen. 2. Emperour by whom he had Edgar Etheling confirmed Heire by his great Unkle Edward Confessor but deprived by Herold his protector his sole Heire Margaret was Marryed to Malcom 3. King of Scotland from and by whom in a lineall descent King James in his person united the Britains Saxons English Normans French and Scottish Crownes in one though now possest of none by whom and whose just power the Tithes came first to be legally invested in the Church for though they were ever due by the Law of God and Nature and paid in England as soone as Christianity was established here for Anne 596. they were preached by our Concersioner Augustine and granted by King Ethelbert Leges Confessoris concessae à Rege Baronibus Populo whence some would prove the antiquity of Parliament yet he being King of Kent onely doth not include all the rest of England but as Cooke in Litleton lib. 1. cap. 9. Sect. 73. It appeares by the Law that the first Kings of England had all the Lands in Demesne c. now the first King of all England was Egbert who reduced the Heptarchy into his sole Monarchy and his Son Ethelwoolfe the second Monarch of England conferred the Tithes of all this Kingdome with the Tenth part of all the Land in England for Glebe upon the Church the Charter it selfe is extant in Ingulphus Math of Westminster c. The title of it is thus Quomodo Ethelwolfus Rex dedit decimam partem regni sui Ecclesiis and concludes thus Qui augere voluerit nostram donationem augeat omnipotens deus dies ejus prosperos siquis vero mutare vel minuere praesumpserit noscat se ad tribunal Christi rationem redditurum reserving the chiefe Mannors and Royalties to himselfe he gave the lesser Baronies and Lands to his Nobles and others for defence of the Kingdome reserving to himselfe and his successors the Homages Rents and Services due from them with the tenths to the Church so that Anno Dom. 855. saith Ingulphus Ethelwolphus decimam omnis possessionis suae totius regni sui partem deo immolavit this was confirmed by King Ethelstone An. 930. and after by Canutus the Son of Sweno the Dane as soon as he was setled in the Government of this Kingdome and this we reade in our best most ancient and authentique stories of Ingulphus Math of Westminster Rog Hoveden Hen Huntington c. injoyning the true payment of them upon
the paine of Excommunication besides the losse of the other nine parts and set downe when and how every Tithe of Corne Hay Woole Lambe c. should be payed and Edward the Confessor 1042. if they had but one Calfe or two then to pay for every of them a penny and to this price is the Parson generally holden to this day though ten of our pence now is not worth one of them and so of Bees Wood Water Mils Parks Fishings Warrans Negotiations c. and the Law saith of all things that the Lord giveth the Tenth After William the Norman Conquering this Kingdome 1066. as Bacon Cooke and all our Chronicles affirme led by the example of the former Conquerours as well Saxons and Danes seized upon all the Lands in England except the Church Lands and some in Kent caused the Kingdome to be admeasured reserving the chiefe Mannors and Royalties with the Homages Rents and Services to himselfe and his successors and the Ecclesiasticall Lands with the Tithe of all other Lands to the Church he parted for the defence of the Kingdome with all the rest to his Nobles Servants and Souldiers and the Lands thus charged have beene transmitted and passed over from one to another untill they came unto the possession of the present owners who have no other right to their Lands but by tenure from the King performing their injoyned services to him and paying the Tenth or Tithes to the Church This was confirmed by Magna Charta ninth of Hen 3. and 30. severall Parliaments successively and Bishops appointed to curse those who should dare to inact any thing against it and all those people who would obey any such Statutes being enacted and in the 31. of Edward 3. May 13. Boniface Archbishop of Canterbury and five other Bishops solemnly denounced the curse mentioned in the 25. of Edw 1. in Westminster Hall the King with his Peers being present against all them which should willingly or malitiously deprive the Church of her right Secondly against all those who by any act or device infringe the liberties of the Church or Kingdome granted by Magna Charta de foresta So that whatsoever right the owner hath to the nine parts either of fee simple Lease or Copy yet hath he no pretence at all to the Tithe or Tenth either by grant or purchase by grant he hath no right to the other nine but upon condition of payment of the Tenth to the Church and as for the Purchase it could be no more then was in the Grant wherein the Tenth was reserved to the Church neither did the Purchaser buy any more then nine parts onely for suppose a man purchase 100 l. per an which at 20. yeares purchase it will cost 2000 l. but if this 100 l. per annum had been Tithe free it would have been worth 120 l. per annum which at 20. yeares purchase would have cost 2400 l. so that he buying but nine parts of the Land hath 400 l. abated him in lieu of the Tenth Neither doth the Tithe cost the Farmer any labour or charge at all for suppose the Farmer pay to the Landlord 100 l. per ann if it were Tithe free his Landlord would make him pay 120 l. per annum for it so that he hath 20 l. per annum abated in his Rent in regard of his payment of Tithes which fully recompenceth him for his labour and cost upon the tenth part of the Land in effect then no man in England payed any Tithes to the Parson but the King onely or his successors in acknowledgement whereof every Parson payeth yearely his Tenths to the King and his successors Seeing then the Parson hath as good right to the tenth part as the possessors to the other nine parts and he no wayes obliged to the Landlord or Tenant for his tenth part nor either of them indamaged by it they ought as well to pay nine parts of all rates and charges for the nine parts which they possesse as he the tenth part for the Tithe which he possesseth as may more manifestly appeare by these reasons 1. Every Parson ought to be rated in the same manner with the Parishioners If the rate be according to goods then there is reason the Parson should pay if there be no customes the tenth part of the Rate receiving the tenth part of the Commodities and if the Rate be according to Lands then the Parson is to be rated with the rest of the Parish according to the Glebe Land proportionable to their Lands but he cannot be rated for his Goods or Tithes and his Gleabe Land too unlesse the Parishioners be rated for their goods or other nine parts and their lands besides If it be objected that then the Parson payes not proportionable to the Parishioners that they pay either for their Lands or their goods or commodities which grow on them whereas the Parson neither payes for his Glebe Lands nor the commodities which grow on them I answer 1. That if the Parson be rated the tenth part by reason that he receives the Tenth or Tithe of the fruits then the Parishioners ought to pay the other nine parts of the rate because they receive the other nine parts of the commodities So that they paying nine parts of the rate and the Parson the tenth the whole rate is payed and there remaines nothing more to be payed either for his Gleabe or their Lands 2. In most Parishes there are customes for Cows weaned Calves c. whereof the Parson receives not the thirtieth part as Ob. for a weaned Calfe or Colt he ought not then of those things to pay the tenth part whereof he receives not the 30. part 3. No Parson receives the tenth of mens personall Estates though personall Tithes are due both by the Law of God and Man as appeares by the Preface of the Statute for personall Tithes 4. No Parson receives the tenth part of mens personall Estates Annuities Moneys put out to use or otherwise imployed in buying and selling for Timber Horses Swine and other goods which are rateable and therefore ought not to pay the tenth of that whereof he receives no benefit at all Some object that the Parson receives the sixth part of the Parish but if they account this according to the Rent of their Farmes then they are to consider that the Tenants livelyhood as Meate Drinke and Cloathes is to be accounted into the valew of the Lands besides the Rent which if the Parsons livelyhood be so deducted there cannot remaine to him the tenth part of the Rent of the Parish and if they speake of goods or Tithe of the commodities which he receives then by reason of the severall customes no Parson receives so much as the tenth part and therefore ought not to pay above the tenth part of the rate of the whole Parish This will appeare more plaine if we consider 1. That the whole Taxe or Rate is laid upon the whole Parish and the commodities