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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A61092	The larger treatise concerning tithes long since written and promised by Sir Hen. Spelman, Knight ; together with some other tracts of the same authour and a fragment of Sir Francis Bigot, Knight, all touching the same subject ; whereto is annexed an answer to a question ... concerning the settlement or abolition of tithes by the Parliament ... ; wherein also are comprised some animadversions upon a late little pamphlet called The countries plea against tithes ... ; published by Jer. Stephens, B.D. according to the appointment and trust of the author.; Tithes too hot to be touched	Spelman, Henry, Sir, 1564?-1641.; Stephens, Jeremiah, 1591-1665.; Bigod, Francis, Sir, 1508-1537.	1647 (1647)	Wing S4928; Wing S4917_PARTIAL; ESTC R21992	176,285	297

were appropriate Therefore in the year 1252. Robert Bishop of Lincoln by commission from Innocent 4. not onely enlarged the endowments that before were made to divers Vicarages as he thought good but endowed others out of those Appropriations that had no Vicarages endowed to the great discontentment of all the Approprietaries of that time as appeareth by Matth. Paris And therefore also the Statute of 15 R. 2. cap. 6. and that of 4 H. 4. cap. 12. that ordained that in Licences of Appropriation in the Chancery it should be contained That the Bishop of the Diocesse in every Church so appropriated should provide by his dissretion that the Vicar were convenably endowed Divine service performed and a convenient portion of the fruits thereof yearly distributed to the poor of the Parish did but agnise and affirm the spirituall end whereto these Parsonages were appointed and the authority the Church had still over them notwithstanding such Appropriation commanding the Bishops to see it executed Neither doe I yet finde where this power is taken from the Bishops for the Statute that giveth these appropriate Churches to the King saith not that the King shall have them as temporall lands or discharged of the Bishops jurisdiction but that he shall have them as the religious persons had them that is as spirituall Livings and consequently subject to the jurisdiction of the Bishops before had over them and then are they no otherwise in the hands of the Laity for testimony whereof they also carry at this day the badges and livery of their Lords and Masters of the Clergy for as Joseph was taxed in his own City so are they yet ranked amongst other spirituall Livings and as members of that body doe still pay their Synodals and Proxies to the Bishops and Archdeacons and if Tithes bee withholden from the Approprietary he still sueth for them as spirituall things in the Spirituall Court All which are by Gods Providence left upon them as marks of the Tribe they belong unto that when the Jubile commeth if ever it please God to send it they may thereby be distinguished and brought back again to their own Tribe That no man properly is capable of an Appropriation but spirituall men Spirituall things and spirituall men are correlatives and cannot in reason be divorced therefore was no man capable of Appropriations but spirituall persons before the laws of dissolution which first violated this holy marriage and like Abimelech Gen. 20. 2. took the wife from the husband and made Laymen which before were the children of the Church now become spirituall Fathers The act of Appropriation is nothing but to make a body corporate or politique spirituall that hath succession perpetuall Incumbents in a Rectory or no more upon the matter then to entail the incumbency to one certain succession of spirituall men Therefore as a Patron saith my Lord Dyer Chief Justice and Plowden 496. must present a spirituall person to a Church and not a temporall so by the same reason an Appropriation must be made unto a spirituall person and not temporall for saith he the one hath cure of souls as well as the other and they differ in nothing but in this the one is Parson for his life and the other and his successours Parsons shall be for ever and for this in the beginning saith he were the Appropriations made to Abbots Priors Deans Prebends and such like as might in their own person minister the Sacraments and Sacramentals and to none other And for the same reason at the first it was holden that they could not grant their estates to any other no more then the Incumbent of a Parsonage presentative who though he may lease his Glebe and Tithes yet can he not grant his Incumbency to any other but must resign it and then the Patron and Bishop must make the new Incumbent And so the Incumbency which is a spirituall office cannot be granted nor by the same reason could the perpetuall Incumbent which is the Approprietary at the first grant his estate which contained the Incumbency and the Rectory which is the revenue of the Incumbent Therefore when the Order of the Templars to whom divers appropriate Parsonages were belonging was dissolved and their possessions granted to the Prior of S. John of Jerusalem in England Justice Herle in 3 Ed. 3. said that if the Templars had granted their estate in the Appropriations to the Hospitalers that is to them of S. Johns of Jerusalem the Hospitalers should not have it for it was granted onely to the Templars and they could not make an Appropriation thereof over unto others Therefore to make good the estate of the Prior and Hospitalers it was shewed there that by the grant of the Pope King and Parliament the Prior had the estate of the Templars And so by Herle an Appropriation cannot be transferred to another and with good reason saith the book for it hath in it a perpetuall Incumbency which is a spirituall function appropriate to a certain person spirituall and cannot be removed from them in whom it was first setled by any act of theirs Herle there also said that That which was appropropriate unto the Templars was disappropriate by the dissolution of their Order fo 497. B. So that as death is the dissolution of every ordinary Incumbent so the dissolution of a religious Order Monastery or Corporation is the death thereof and by that death according to this opinion of Justice Herle the Church appropriate that belonged thereunto is again become presentable as it was before the Appropriation whereunto my Lord Dyer and Manwood doe also agree and therefore by the dissolution of religious houses all Appropriations had been presentable like other Churches if the Statute of dissolution had not given them to the King and by as good reason might the same Law-makers have given him the other also for any thing that I perceive to the contrary Yet let us see in what manner they are given unto the King for though I cannot examine the matter according unto the rules of Law being not so happy which I lament as to attain that profession yet under correction I will be so bold as to offer some points thereof to further consideration as first what is granted to the King secondly the manner how it is granted thirdly the ends why And herein I humbly beseech my Masters of the Law to censure me favourably for I take it by protestation that I doe it not as asserendo docere sed disserendo quaerere legitima illa vera that Littleton speaketh of What was granted to the King 1. The Statute saith That the King shall have all such Monasteries Priories and other such religious Houses of Monks c. as were not above 2001 a year And the Sites and Circuits thereof and all Manours Granges Meases Lands c. Tithes Pensions Churches Chappels Advowsons Patronages Annuities Rights Conditions and other Hereditaments appertaining or belonging to every such Monastery 2.

Charters and Acts of Parliament are extant in the first Tome of our Councels by this Authour and many are also mentioned by the learned Selden in his History Now when Churches are built and grants of lands tithes and oblations are freely given by great Kings confirmed by severall Acts of Parliament oftentimes renued and reiterated as by the great Charter thirty times confirmed and many other Statutes since as also by the Text and body of the Common Law which doth affirm Tithes to be due Jure divino as is asserted by that ever honourable Judge and Oracle of Law the Lord Coke in the second part of his Reports Dismes sont choses spirituels due de jure divino Being thus setled and confirmed and thereby becomming fundamentall Laws of the Kingdome they may and ought to be enjoyed peaceably without grudging or repining alienation or spoil without casting an evill eye upon Gods allowance and because he hath given the floure of wheat to make bread for his Sanctuary whereof God himself giveth charge in the last vision of Ezekiel contained in the last four chapters where he appointeth a third part of the land to be set forth for his Temple Priests and servants besides the portions for the Prince and for the people which vision for performance concerneth the Christian Church and was never fulfilled in the Jewish State as this Author and many others doe shew and there God doth especially forbid alienation selling or exchanging of his Temples portion as being most holy unto the Lord Ezek. 48. 14. It concerns us therefore that live in these times of the Christian Church when we see the ancient prophesie fulfilled by Kings and Princes in giving much to the Church to preserve Gods portion entire without alienation spoil or violence The Primitive times of the Church as this Authour sheweth ch 6. as had not been since the very Creation times wherein God opened the windows of persecution and rained bloud upon his Church as hee did water upon the world in the days of Noah during the ten grievous persecutions in the first 300. years after Christ so that no man must expect then to finde setled Lawes for Tithes Lands or maintenance of the Clergy when the Emperors and Magistrates were Heathens persecuting the Church and made many furious edicts for rasing and ruinating of Churches which had been built by Christians in some times of intermission as appears by Eusebius when hee comes to the times of Dioclesian Every good Christian and almost every Clergy-man lost his life for religion no man did care or expect for preferment maintenance or dignity save onely the crown of martyrdome which many thousands did obtain The Church saith this Author did all that while expose the dugs of her piety unto others but did live her self on thistles and thorns in great want oftentimes necessity and professed poverty Now those men that would reform all according to the pattern of the Primitive Church and the Apostolicall times do not consider that the Clergy must be reduced again to the same condition of poverty want and misery as formerly they were if the pious and charitable gifts and donations of Kings and Nobles in the ages next succeeding the persecutions should be taken away and the ancient patrimony of Tithes abated or subverted by the worldly and covetous practices of them that esteem gaine to be godlinesse The kytes of Satan as this Author tearmeth them have already pulled away many a plume from the Church in severall ages yet thanks be to God there be some feathers left to keep her from shame and nakednesse if the sacrilegious humour of the times prevail not against her And there is the more reason to hope and expect that we may enjoy our portion and tithes quietly because we have so much lesse then the old Priests and Levites received from the people for they had severall tithes and oblations for themselves for the feasts and for the poor wherein they did share in a far greater proportion then is now required by the Clergy of the Gospel The learned Scaliger Selden and many others do prove apparently by instance of particulars that the Israelites did pay out of their increase of corn much more then a tenth even almost a fifth part for severall tithes and duties then commanded to them I will recite Mr Seldens example History ca. 2. § 4. The Husband-mā had growing 6000 Bushels in one year 100 Bushels was the least that could be paid by the husband-man to the Priests for the first-fruits of the threshing floore 5900 Bushels remained to the husband-man out of which he paid two tithes 590 Bushels were the first Tithe paid to the Levites 59 Bushels the Levites paid the Priests which was called the Tithe of the Tithes 5310 Bushels remained to the husband-man out of which he paid his second Tithe 531 Bushels were the second Tithe 4779 Bushels remained to the husband-man as his own all being paid 1121 Bushels are the sum of both Tithes joyned together which is above a sixt part of the whole namely nineteen out of an hundred So that of sixe thousand bushels the Levites had in all 1063. whole to themselves the Priests 159 and the husband-man onely 4779. He yearly thus paid more then a sixt part of his increase besides first-fruits almost a fifth many of no small name grossely skip in reckoning these kindes of their Tithes saith Mr Selden Observe how much faith Chrysostome speaking of the great maintenance of the Levites the Jews gave to their Priests and Levites as tenths first-fruits then tenths again then other tenths and again other thirtieths and the sicle and yet no man said they eat or had too much The Rabbins also reckon 24. gifts to the Priesthood according as they are set down both by Rabbi Bechai and R. Chaskoni on Numb 18. and so Jarchi on Gen. 29. 34. and in Talmud in the Massech Cholin 133. f. 2. pag. in this order i. The twenty four gifts of the Priesthood were given to the Priests twelve at Jerusalem and twelve in the borders the twelve that were given in Jerusalem are these the sin-offering the trespasse-offering the peace-offerings of the Congregation the skins of the holy things the shew-bread the two loaves the omer or sheaf the remainder of the meat-offerings the residue of the log or pinte of oyle for the Leper the oblation of the thanksgiving the oblation of the peace-offering the oblation of the Ramme of the Nazarite And these following are the twelve that were given in the borders the great heave-offering the heave-offering or oblation of the tithe the cake the first-fruits the first of the fleece the shoulder the two cheeks and the maw the first-born of man the first-born of the clean beast the firstling of the Asse the dedications or vows the field of possession the robbery of the stranger Lev. 6. 5. Numb 5. 7 8. These are the 24. gifts that belonged to the Priesthood

But among these there is no mention of the first-born of any unclean beast but onely the Asse and no mention at all of the tithe of cattell Thus a learned Author observeth out of the Rabbins All these severall tithes oblations and duties were paid not deducting nor accounting their charges and labour of the husbandman and yet they among their aphorismes both divine and morall doe tell us that as the Masoreth is the defence of the Law so 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Maighsheroth seag Laighsher that is tithes paid are the defence of riches so God promised Mal. 3. Bring ye all the tithes into the Store-house that there may be meat in my house and prove me herewith saith the Lord of hosts if I will not open you the windows of heaven and pour you out a blessing that there shall not be room enough to receive it And one notes that at this day when they have no Temple nor Priesthood Qui religiosiores sunt inter Judaeos loco decimarum eleemosynam pendunt de omnibus lucris decem aureos de centum centum de mille as Mr Selden observeth in his Review cap. 2. Yea they paid not onely their tithes but their first-fruits also wherein they were so liberall in some ages that even from the abundance of first-fruits paid by the owners to the Priests there was not a Priest in the 24. courses of them but might be accounted a very rich or largely furnished man as Mr Selden observeth out of Philo and that they prevented the officers in demanding of them paid them before they were due by Law as if they had rather taken a benefit then given any both sexes of their own most foreward readinesse in every first-fruit season brought them in with such courtesie and thanksgiving as is beyond all expression whereas in these times under the Gospel the Priesthood is far more excellent then that of the Law and the Clergy deserves infinitely more then the old Priests and Levites whose employment is not to light candles snuffe lamps set bread upon the table kindle fire put incense at the Altar to kill slay and hew beasts in pieces but have incumbent onus even Angelis formidabile if men would rightly understand what they undergoe or others value what these sustain They have 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of the souls of men which is an office no temporall satisfaction can countervail accountable to God for themselves and others Their study labors after long and chargeable education in reading watching preaching praying visiting the sick are fully expressed by this learned Author cap. 14. Yet the husband-man payeth now but one tenth to the Clergy and no particular tithe for feasts or to the poor or other uses as the Israelites did But the Clergy now besides out of their smal receits bear the burden of tenths and first-fruits to the value of thirty thousand pounds yearly imposed on them lately whereas tenths were not annually paid before the 26 H. 8. which Statute was repealed by Q. Mary but at some times but they were a Popish invention at the first and onely of late years though now continued yearly and further charges imposed in taxes to the poor and subsidies to the publique in a greater proportion then by the Laity provision of arms also though their tithes and dues are abated and cut short more then anciently not onely by fraud and false payment but also by unconscionable small rate-tithes and customes almost in every Parish And also many great estates wholly discharged of tithes as Cistercian lands and those of the Templars and Hospitalers who had thirty thousand manours in Christendome whereof a great part were in England by the Popes pretended priviledges and exemptions though we abhorre and detest the Pope yet for our profit we make use of his Buls and authority all which losses and charges are not to be forgotten though we submit under them patiently as our Saviour Christ did to pay tribute when it was not due Mat. 17. And this we yeeld unto further though we have lost almost all the ancient priviledges and immunities which were formerly granted to the Clergy which were given that they might be encouraged to attend their studies without distraction or avocation by secular troubles The ancient Kings and Parliaments allowing many freedomes from severall services impositions and taxes as appears by many Laws and Charters in the first Tome of our English Councels see the title De libertatibus Ecclesiae and by Lord Coke in the second of his Institutes upon Magna Charta pag 3 4. where he reckoneth up many priviledges and how Ecclesiastic all persons ought to be quit and discharged of tols and customes as avirage pontage paviage and the like from distresses by Sheriffes and many others but as he there confesseth they are now lost or not enjoyed though anciently they had more and greater liberties then other of the Kings subjects but now no men are more burdened with taxes and impositions that we are become in the sight of too many men as the filth of the world and the off-scouring of all things as the Apostle complaineth 1 Cor. 3. And whereas this Author sheweth ca. 3. how the habitation of the Minister should be as becommeth students and men of contemplative life under their own command and solitary It now happens that no mens habitation is more troubled with vexations and souldiers quartered upon them Besides the Priests and Levites had the ransomes of the first-born both of man and beast great benefit by severall kinds of sacrifices and head-money paid yearly and many other perquisites and to what a sum saith Philo these might amount may be guessed by the populousnesse of the Nation and further they had 48. Cities set out by Joshua cap. 21. for their habitations and two thousand cubites about them each cubit being a full yard besides one thousand next the wals for their cattell whereunto were added 20. cities more in processe of time when the number of the Tribe was increased greatly as this Author sheweth ca. 3. And all this they had though the Tribe of Levi was not near a tenth part of the people which yet is an errour that hath possest some great Names as M. Selden well observeth they thinking there was such a proportion of the Tithes and the receivers and have rested therefore fairly satisfied in this that the Levites being one of the 12 Tribes had the tenths as a competent maintenance to themselves being near the tenth that is being the twelfth part of the people as if arithmetically the people and the revenues had been divided but long since the sleightnesse and falshood of this fancy hath been discovered And clearly had such a proportion of persons and the name of tenth held yet examine all that was paid to the Priests and Levites in first-fruits and the severall prediall tenths onely and it will be neer a fifth part to omit the Cities and suburbs but

cost 80l. Besides Legacies to severall Ministers The particulars are more fully recited in the Survay to which I referre pag. 761. Ms Ellen Goulston Relict of Theodore Goulston Dr of Physick a very learned man being possessed of the Impropriate Parsonage of Bardwell in Suffolk did first procure from the King leave to annexe the same to the Vicarage and to make it presentative and having formerly the donation of the Vicarage she gave them both thus annexed freely to St Johns Colledge in Oxon expressing many godly reasons in a pious letter of her grant to advance the glory of God to her power and give the world some testimony that she had not been a fruitlesse observer of those who taught her that knowledge without its fruit and that love of Christ without love to his Church was but an empty mask of an empty faith Thus with devout prayers for a blessing from God upon those which should be chosen Rectors there she commended the deeds and conveyances of the Parsenage for ever to the Colledge And this way doth justly seem the best manner of restitution it being a double benefit to the Church both in providing carefully for the Parish and selecting out of the Vniversities able and worthy Divines in due time and manner without any corruption which the Colledges are carefull to avoid and therefore that course was followed by Sir Ralph Hare already mentioned by the prudent advise of Sir Henry Spelman which course if it had been observed by them who lately were imployed in purchasing of Impropriations they had freed themselves from sinister suspitions by devesting themselves wholly of any profits reserved to their disposing and might have much advanced the glory of God by diligent preaching within the campasse of few years and many would have been perswaded easily to become contributers and benefactors to their purpose Divers Colledges in Oxon having been anciently possessed of Impropriations have of late years taken a course to reserve a good portion of the tithe corn from their tenents thereby to increase the Vicars maintenance so that the best learned Divines are willing to accept the Livings and yet the Colledge is not diminished in rents but loseth onely some part of their fine when the tenants come to renue their Leases Certain Bishops also have done the like as Dr Morton whiles he was Bishop of Lichfield did abate a good part of his fine to encrease the portion of the Minister in the Vicarage of Pitchley in Northamptonshire belonging to his Bishoprick and so did his successor Dr Wright for the Vicarage of Torcester also in the same shire which was very piously done considering what great Lands and Manours were taken away from that Bishoprick among others and some Impropriations given in lieu of them Besides this present Parliament hath taken singular care to augment the maintenance of many poor Vicarages and other small Livings wherein they have proceeded carefully and have made many additions to severall poor benefices for the better inabling of the incumbent Ministers to be faithfull and diligent in their callings And while Sir Hen. Sp. lived there came some unto him almost every Terme at London to consult with him how they might legally restore and dispose of their Impropriations to the benefit of the Church to whom he gave advice as he was best able according to their particular cases and inquiries and there wanted not others that thanked him for his book promising that they would never purchase any such appropriate Parsonages to augment their estates Whereby it appears how effectually the consciences of many men were moved with his moderate and pious perswasions and himself was much confirmed in his opinion of the right of Tithes which moved him to consign his works of this argument besides others to my care with direction to publish them as is also expressed in his last Will and Testament Whereupon I hold my self obliged in conscience and duty to God and to the memory of this excellent Knight to whom I was infinitely obliged for his instructions conferences and favours which I enjoyed in the course of my studies many years frequenting his house and company not to conceal these works any longer from the publique view but to publish them to the benefit of the Church and servants of God now especially when prophanenesse hath so licentiously overflowed and the covetous wretches and Mammonists of this world have begun to withdraw and deny their Tithes muttering that they are Popish and superstitious and therfore to be rooted out as their language is wherein yet the Parliament hath honourably discovered their zeal and care by their censure and check upon the Petition against Tithes exhibited in May 1646. and by their Ordinance providing for the true payment of all tithes rights and dues to the Church as more fully appears therein Wherein they have followed the moderne and ancient Lawes as that expression of the Act of Parliament 27 Hen. 8. cap. 20. That whereas numbers of ill disposed persons having no respect of their duty to Almighty God but against right and good conscience did withhold their Tithes due to God and holy Church as in that Statute is more at large expressed So in the 12. Tables Sacrum sacrove commendatum qui dempserit rapseritve parricida esto It being accounted sacriledge by all Laws to take away such things as have been formerly given to God for so they were given expresly to God as Magna Charta saith Concessimus Deo we have given to God for us and our heirs c. So Charles the great We know that the goods of the Church are the sacred indowments of God To the Lord our God we offer and dedicate whatsoever wee deliver to his Church Cap. Car. lib. 6. So Tully anciently Communi jure gentium sancitum est ut ne mortales quod Deorum immortalium cultui consecratum est usucapere possint So Calvin Sacrum Deo non sine insigni in eum injuria ad profanos usus applicatur Instit. li. 3. cap. 7. § 1. Tithes therefore being consecrated unto God ought carefully to be preserved in these days in regard the Church enjoyeth not the tithe of the tenth which formerly it had and hath also to this day among the Papists who doe not take away from the Church but are ready to restore as they have done in many Countries CONTENTS OF THE SEVERALL TREATISES AND CHAPTERS The larger Book of Tithes containing these particulars following The Introduction to it Cap. 1. VVHat things be due unto God first a portion of our time pag. 1 Cap. 2 The second sort of tribute that we are to render unto God that is a portion of our land pag. 2 Cap. 3 That the portion of land assigned to God must be sufficient for the habitation of the Ministers pag. 3 Cap. 4 That Christ released not the portion due to God out of our lands pag. 6 Cap. 5 What part in reason and by direction of nature might seem fittest for

In as large and ample manner as the Governours of those and such other religious Houses have or ought to have the same in the right of their Houses 3. To have and to hold c. to his Majesty his Heirs and Assigns to doe and use therewith his and their own wils to the pleasure of God and to the honour and profit of this Realm The words have divers significations and therefore make the sense the more obscure Monasteries Priories and religious Houses are 1. Sometimes taken personally for the Heads and Members of the House that is for the men of the House as Church for the Congregation City for Citizens 2. Sometime they are taken locally for the soil of the House and in this sense one while extensively to all the Territory thereof another while restrictively to the site and building onely 3. They are taken civilly or locally for the whole rights of the House the lands the rents the possessions and inheritances whatsoever In which of these senses the Parliament hath given them to the King and whether in all of them or not it is not manifest but I conceive the words must be taken in the last sense which as the more generall includeth also the second and if the very carkasses of the Monastery persons had been worth the having might well enough have fetcht them in also Therefore though after these generall and spacious words there followeth a grant of divers particular things as Sites Circuits Granges Meases Lands Tithes c. yet I take this to be but an enumeration of the things in specie which before are granted in genere for if the generall words have not carried them as the body carrieth the members then it seemeth these particulars doe not carry them for they are granted but as Appurtenances to the said Monasteries and Houses for the words be Sites Circuits Lands Tithes c. appertaining or belonging to every such Monastery words in my understanding onely of explanation and restraint and not trenching to the enlargement of the grant So that upon the matter the Parliament hath granted Tithes and Appropriations to the King if they belonged unto the Monasteries and not otherwise Let us therefore see whether they belong or not Whether Tithes and Appropriations belonged to the Monasteries or not Abbots Priors and such religious men had two sorts of Tithes one incorporate to their Houses which I call Monasticall Tithes the other depending upon their function as they were Parsons of any Parish which therefore I call Parish Tithes 1. The first of these came unto them as their very lands did by plain point of Charter for before the Lugdune and Lateran Councels every man might bestow his Tithes upon what religious House person he listed and then the founders and benefactors of religious Houses did ordinarily grant all or some portion of their Tithes to those Houses as by a multitude of precedents thereof appeareth From hence it rise that the Monasteries had so many portions of Tithes or rents for them which we call Pensions out of so many severall and remote places of the kingdome and therefore all these Tithes how unjustly soever they were conferred upon them were de corpore Monasterii and passed undoubtedly to the King 2. But the other sort that is Parish Tithes belonged onely to the Parson of the Parish by reason of his function and incumbency which function though by act of Appropriation it were collated upon these religious men yet did it not invest the property of those Tithes in their Monasteries but made their persons capable of them by reason of that their function for without their function of being Ecclesiasticall persons they could not have them being forain unto them as I may tearm it and not domesticall as belonging to their house or monasticall as belonging to their conventuall body In what sort they were granted to the King Though the Parliament hath power to dispose temporall inheritance and to make Lawes to binde the rights of subjects yet it is confessed by the Books of the Law themselves that it can establish nothing against the law of God and therefore if Tithes be in the Clergy by the Law of God as before we have shewed then can they not be pulled from him by any law of man Neither hath the Parliament as it seemeth attempted to doe it but insomuch as they were misemployed by the Clergy of that time therefore the Parliament took them from them and gave them to the King not in any new course of property or to be enjoyed by him as his temporall inheritance but to be his in as large and ample manner saith the Statute as the Governours of those religious Houses had or ought to have the same Now it is apparent that the Governours of religious Houses neither had them nor ought to have them otherwise then to the service of God and benefit of the Church To what end they were granted to the King This point dependeth upon the precedent for the end why they were given unto the King is declared by the manner of giving them unto him Therefore though the Statute saith To have and to hold to his Majesty his heirs and their own wils to doe and use therewith his and their own wils yet lest their wils should decline from the due employment of them as the religious persons did therefore the Statute addeth these words to the pleasure of God and to the honour and profit of this Realm So that the King had not the things themselves simply but in such manner onely as the religious persons had them and that being but to the service of God and benefit of the Church the King could have them in no other manner then for the service of God and benefit of the Church and then to the words subsequent in the Habendum viz. to doe and use therewith their wils is no more then if we should say That the King c. should have them to dispose of in the service of God and of his Church according to his own will and wisdome which the words annexed plainly intimate appointing unto the King by what bounds and marks hee must walk in disposing of them namely so as may be to the pleasure of God and the honour and profit of the Realm But it cannot be to the pleasure of God that his Ministers should be defrauded nor to the honour and profit of the Realm that the service of God should be hindered or neglected and therefore the King must have and hold them to those purposes and to none other And that the King was not deceived in this kinde of construction of the Act of Parliament it appeareth by a Declaration made by himself freely in an Oration of his unto the Parliament Anno 37. of his reign where he saith I cannot a little rejoyce when I consider the perfect trust and confidence which you have put in me as men having undoubted hope and unfeigned