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A70871 The remainder, or second part of a Gospel plea (interwoven with a rational and legal) for the lawfulness & continuance of the antient setled maintenance and tithes of the ministers of the Gospel wherein the divine right of our ministers tithes is further asserted ... / by William Prynne of Swainswick, Esq. ...; Gospel plea (interwoven with a rational and legal) for the lawfulness & continuance of the ancient settled maintenance and tenthes of the ministers of the Gospel. Part 2 Prynne, William, 1600-1669. 1659 (1659) Wing P4050; ESTC R15632 145,173 195

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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 Prom●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 c●ndescended to as well your dreadfull Majesty ●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
Levites Priests and Annual feasts which the Owners kept in their own barns and were to be eaten by the Levite Stranger Fatherless and Widow within their gates and houses Deut. 14. 28 29. c. 26. 11 to 17. Now in allusion to the last kinde of Tithes St. Ambrose Sermone in die Ascentionis St. Jerome in Mal. 3. St. Augustine Sermo 219. De Tempore ad Fratces in Eremo Serm. 64. Caesarius Arelatensis De Eleemosyna Hom. 2. Eutropius in the Life of St. Steven c. 17 18. The Exhortation written about An. 700. Beda Eccles Hist l. 4. c. 10. Agilardus Contra insulsam vulgi opinionem de Grandine c. p. 155. Ivo Carnotensis Epist 102. The Synod of York under Hubert An. 1194 and some others press the payment of Tithes to Ministers and giving Alms or some part of their goods to the poor jointly together and some few of them stil● Tithes Tributa refectorium Animarum The Tribute not Alms of the poor souls and tell us of Tithes which God himself hath commanded to be given to the poor But this they intend not of the first sort of Tithes due to the Ministers of God but of a Tenth of their remaining Annual increase after the Ministers Tithes first paid as most of them expresly declare viz. Hierom. on Mal. Saltem Judaeorum imitemur exordia ut pauperibus partem demus ex toto Sacerdotibus Levitis Honorem debitum et decimus referamus De sua particula not the Ministers Pauperibus ministrare And the English Synod of Calchuth An. 786. with Capitularia Caroli Magni l. 6. c. 29. most distinctly Decimas ex omnibus fructibus pecoribus terrae annis singulis ad Ecclesias reddant Et De novem partibus que remanserint eleemosynas facient So as there is nothing in Scripture or Antiquity rightly understood to prove Tithes to be pure Alms as some have erroniously fancied The second ground of this Opinion that Tithes were Free and pure Alms was the frequent Grants Donations and Consecrations of Tithes and Portions of Tithes by several Lords of Mannors and Lands by special Charters yet extant recited in Mr. Seldens History of Tithes between the year of our Lord 1060. and 1250. in the darkest times of Popish Superstition to Abbies Monks Friers Nunnes and Religious Houses in eleemosynam pauperum in liberam puram et perpetuam eleemosynam to be distributed by these Monks or their Almoners to the use of the Poor Pilgrims Strangers Widows and Orphans in general at their discretion or particularly of such and such Parishes and they supposing the Monks to be most charitable to distribute them to the Poor most of which Grants or all were made by the consents of the Bishops of the Diocess and confirmed by them and many of them with the Assents of the Patrons and Encumbents of the Churches And sometimes whole Churches with their Tithes were thus granted and impropriated to Monasteries and Monks In jure perpetual Frankalmoigne to the starving of the peoples Souls to pray for their Patrons when deceased and seed the Bodies of the Poor without their Souls whence all or most of our Appropriations and Impropriations really sprang to the great prejudice of Ministers maintenance and Parishioners Souls Upon this ground many Monks and Mendicant Fryers who were no part of the ordained Ministry just like our vagrant Anabaptistical and unordained Sectarian Predicants now to rob the Ministers and most Priests of all their Tithes engross them into their own hands and disposal to enrich themselves and their Monasteries everie where cryed up tithes to be Pure Almes which everie man might bestow where he pleased and that themselves having renounced the world and vowed Povertie were fitter to receive and dispence them than the Secular Parish-Priests and made this Doctrine a very gainfull Trade whereby they got most of the best Benefices of England and a great part of the Tithes into their own Possession to the great prejudice of the Church And not content herewith the Premonstratenses and other Orders procured a Bull from Pope Innocent the 3d. about the year 1●10 to exempt all their Lands which themselves manured and all their Meadows Woods Fish-ponds from paying any Tithes at all to Parish-Priests or others That they might bestow them in Alms or on the poor of their Monasteries as they had requested them from the Pope as the words of the Bull attest After which they invented other Bulls condemned in our Parliament by a special Act to exempt their Tenants likewise from paying Tithes under the same pretext And this is the true ground and original of that Monkish opinion That Tithes were pure Alms and that men might give them to whom they pleased Which grant of thithes to Monasteries Monks and exemptions of their Lands from paying them upon pretext of giving them in Alms to the great prejudice of the Ministers perdenda Basilica sine plebibus Plebes sine Sacerdotibus Sacerdotes sine reverentia sine Christo denique Christiani Bernard Epist 240. was severely censured and sharply declaimed against by St. Bernard and Hugo Partimacensis Epist ad Abbatum Conventum Nantire Monasterii after Ivo his Epistles p. 245. a most excellent Epistle against this practice The Council of Vienna An. 1340. Joannis Sarisburiencis De Nugi● Curialium l. 7. c. 21. Petrus Blesensis Epist 82. Petrus Clamianensis Epist l. 1. Epist 33. And the Monkish Assertors of this Doctrine that Tithes were pure Alms and disposable to whom the people would were by Pope Innocent the 4th stiled and censured in these terms I sti Novi Magistrique dicent praedicant contra Novum et Vetus Testamentum yea Richard Archbishop of Armaugh complained much against these greedy unconscionable Monks in his Defensorium Curatorum for possessing the people with this opinion That the command of Tithes was not moral but only ceremonial and not to be performed by constraint of Consciences to the Ministers and Curates and that what Lands or Goods soever were given by any of the four orders of Mendicants ought to be exempted from paying Tithes to Ministers in point of Conscience which he refutes from these Monks John Wickliff Walter Brute and William Thorp living in that blind Age took up their opinion That Tithes were pure Alms and that the people might give them to whom they please if they were Godly Preachers and their Parish Priest lazy proud and wicked which opinion of Wickliff was refuted by Thomas Waldensis as erronious and condemned in the Council of Constance This I have the longer insisted on to shew how Canne and the rest of our Anabaptistical Tithe-Oppugners revive only these old greedy Monks Friers Tenents and practices for their own private ends and lucre to wrest our Ministers Tithes from them into their own hands or disposing and exempt their own Lands and Estates from paying Tithes that so we may have Churches without people People without Ministers Ministers