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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A39297 An account of tythes in general Ellwood, Thomas, 1639-1713. 1700 (1700) Wing E611A; ESTC R36220 8,805 15

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Court of Augmentations the Tenths had been reserved yet the Persons unto whom such Grants had been made though they had quietly enjoyed and taken the Issues and Profits of those Lands Rectories c. had not paid the reserved Tenths to the King Provision was made in that Statute by several Forfeitures and Nomine-Paenae's to enforce the Payment thereof Nor was Care taken of the Ecclesiastical Head the King only but of the Ecclesiastical Members the Clergy also Many if not most of which had Pensions or Portions issuing out of those Parsonages Rectories or other Spiritual Benefices as they were counted which the Religious Orders held For besides that upon the Increasing of those Appropriations whereby the Parish-Priests were pinch'd there had been Provision made early in the time of K. Richard the Second for the Vicars as well as for the Poor the Statute of 15 Ric. 2. c. 6. directing That upon the Appropriation of such Churches the Diocaesian of the Place or Bishop of the Diocess shall ordain according to the Value of such Churches a convenient Sum of Money to be paid and distributed Yearly of the Fruits and Profits of the same Churches to the poor Parishoners And also that the Vicar be well and sufficiently endowed Which Statute so far at least as concerned the Vicars was afterwards confirmed by another Statute of 4 Hen. 4. cap. 12. which expresly ordains That the Statute of Appropriation of Churches and of the Endowment of Vicars in the same made the 15th Year of K. Ric. the 2d be firmly holden and put in due Execution I say besides these the Stat. of 34 and 35 of Hen. 8. cap. 19. takes notice That the Arch-Bishops Bishops Arch Deacons and other Ecclesiastical Persons of both Provinces of Canterbury and York having formerly in right of their Churches received out of the late Monasteries c. divers Pensions and other Profits had after the Dissolution of those Houses been disturbed and denyed of the having receiving and gathering of the said Pensions c. Whereupon it is in the said Statute enacted That if any Person or Persons being Farmer or Occupier of any Mannors Lands Tenements Parsonages Benefices or other Hereditaments of any of the said late Monasteries c. by the King's Gift Grant Sale Exchange or otherwise out of which any such Pensions c. have been heretofore lawfully going answered or paid to any of the Arch-Bishops Bishops Arch Deacons and other Ecclesiastical Persons abovesaid do at any time after the first Day of April next coming wilfully deny the Payment thereof Then it shall be lawful for the said Arch-Bishops Bishops Arch-Deacons or other Ecclesiastical Persons aforesaid being so denied to be satisfied and paid thereof c to proceed in the Ecclesiastical Courts for the Recovery thereof 14. By which Statute all Pensions payable to Arch-Bishops Bishops Arch-Deacons or other Ecclesiastical Person that had been possessed thereof at or within Ten Years next before the time of the Dissolution of the Monasteries out of the Parsonages Rectories or Tythes holden by the said Monasteries c. are confirmed and assured to such Arch-Bishops Bishops Arch-Deacons and other Ecclesiastical Persons still 15. So that upon the whole besides what hath been said of Tythes in general with respect to the Iudaizing and Denying of Christ by the Paying thereof which extends alike to all Tythes those claimed by the Impropriator as well as those claimed by the Priest the Impropriate Tythes being generally charged either with some Payment to the Vicars for enlarging of their Stipends or with Pensions to the Arch Bishops Bishops Arch-Deacons and other Ecclesiasticks All such of them as are so charged come under the same Objection that is made against paying to the Priest viz. The upholding of a false Ministry to perform a false Worship And if any Impropriation may be supposed to be free from all those Charges yet all Impropriators as well as Priests being bound to pay the reserved Tenths to the King as Supream Head of the Church which were wont before to be paid to the Pope while he was owned for Head of the Church the paying of Tythes to an Impropriator is a Recognizing and acknowledging of a Man Bad or Good Popish or Protestant as it happens to be the only Supream Head on Earth of the Church Which is to set an Human Head to a Spiritual Body and to divest and deprive our Lord Iesus Christ of his undoubted Right who the Apostle says expresly is the Head of the Body the Church Col. 1. 18. And that not of Man's making or appointing but God saith the Apostle hath given him to be the Head over all things to the Church which is his Body Eph. 1. 22 23. FINIS
Correct Restrain and Amend all such Errors Heresies Abuses Offences Contempts and Enormities whatsoever they be which by any manner of Spiritual Authority and Jurisdiction ought or may lawfully be reformed repressed ordered redressed corrected restrained or amended c. By which it is evident the Intention of the Parliament then was to transfer confer and settle unto and upon King Henry all the Powers Profits and Priviledges which had been before supposed to be in or belong to or had been enjoyed or exercised by the Pope while he was received as Supream Head of the Church 6. And therefore as the Pope while he retained the Supremacy here had the first Fruits which are the Profits of every Spiritual or Ecclesiastical Living for one Year upon the advancing of any Ecclesiastical Person to such a Living and also the Tenths that is the Tenth Part of all the Tythes So these two Revenues as appendant to that Supremacy followed it being settled on the King in the same Session of Parliament wherein the Supremacy was vested in him The Words of the Statute 26 H. 8. c. 3. relating to the first Fruits are these That for the more surety of Continuance and Augmentation of his Highness Royal Estate being not only now recognized as he always indeed hath heretofore been the only Supream Head in Earth next and immediately under God of the Church of England but also their most assured and undoubted natural Soveraign Leige Lord and King c. It may therefore be enacted and ordained by c. That the King's Highness his Heirs and Successors Kings of this Realm shall have and enjoy from time to time to endure for ever of every such Person and Persons which at any time after the first Day of Ianuary next shall be nominated elected perfected presented collated or by any other means appointed to have any Arch-Bishoprick Abbacy Monastery Priory Colledge Hospital Archdeaconry Deanry Provostship Prebend Parsonage Vicarage Chauntry Free-Chappel or other Dignity Benefice Office or Promotion Spiritual whithin this Realm or elsewhere-within any of the King's Dominions of what Name Nature or Quality soever they be or to whose Foundation Patronage or Gift soever they belong the first-Fruits Revenues and Profits for one Year of every such Arch-Bishoprick Bishoprick Abby Monastery Priory Parsonage Vicarage c. Then after Provisions made for finding out the Value of those Spiritual Livings and for paying receiving and recovering those First-Fruits the Settlement of the Tenths that other part of the Pope's Revenue upon the King follows in the same Statute in these Words And over this be it enacted by Authority aforesaid that the King's Majesty his Heirs and Successors Kings of this Realm for more Augmentation and Maintenance of the Royal Estate of his Imperial Crown and Dignity of Supream Head of the Church of England shall Yearly have take enjoy and receive united and knit to his Imperial Crown for ever one yearly Rent or Pension amounting to the Value of the Tenth Part of all the Revenues Rents Farms Tythes Offerings Emoluments and of all other Profits as well called Spiritual as Temporal now appertaining or belonging or that hereafter shall belong to any Archbishoprick Bishoprick Abbacy Monastery Priory Archdeaconry Deanry Hospital Colledge House-Collegiate Prebend Cathedral Church Collegiate-Church Conventual-Church Parsonage Vicarage Chauntry Free-Chappel or other Benefice or Promotion Spiritual of what Name Nature or Quality soever they be within any Diocess of this Realm or in Wales c. And so goes on to direct the Time Place and Manner of Payment of these Tenths with the Penalty for non-Payment 7. Thus were these two great Pillars of Papal Supremacy First Fruits and Tenths transferr'd from the Pope the old Head to the King the new Head of the Church to support and maintain that Headship in him as they had done before in the Pope Which Ecclesiastical Headship the King was no sooner possessed of than he began to exercise it amongst those Religious Orders Suppressing as Herbert in his Life p. 379. rel●tes the Observant Fryers at Greenwich Canterbury Richmond and other Places and substituting the Augustines in their Places Which he did says Herbert there for the finding out how his People would take his Design of putting down Religious Houses To which he proceeded the next Year beginning with the lesser Sort and suppressing all those Monasteries Priories and other Religious Houses of Monks Canons and Nuns which had not in Lands Tenements Rents Tythes Portions and other Hereditaments above the clear yearly Value of two Hundred Pounds By which means 376 of those Religious Houses being dissolved a Revenue of above thrity thousand Pounds a Year besides an hundred thousand Pounds in Money raised by Sale at low Rates of the Goods and Chattels of those Houses a Sum not small in that Age came to the King for Support of his Ecclesiastical Supremacy 8. The Statute which countenanced this Proceeding is the 27 of Hen. 8. cap. 28. And a new Court called the Court of Augmentations was then erected and settled by Parliament for receiving and ordering these new accessional Revenues The Act for which in our printed Statute Books is set before that for the Suppression of those lesser Monasteries But though that for Suppressing those Monasteries be by an Hysterosis set after that for establishing the Court of Augmentations yet it must have been made before it For it is recited in it 9. In that Statute 27 Hen. 8. c. 28. for Suppressing those smaller Monasteries mention is made o● Monasteries Abbies and Priories which with in one Year before the making of that Statute ha● been given and granted to the King by any Abbot Prior Abbess or Prioress under their Convent-Seal or that otherwise had been suppressed or dissolved All which were by that Statute confirmed to the King and to all those unto whom the King either then before had conveyed or then after should convey any Part or Parts thereof To hold to them in like Manner stamped upon those Rectories Parsonages and other Revenues by Tythes into what Hands soever they were passed And therefore by the Statute of 32 Hen. 8. cap. 7. in case of with-holding or denying to pay the Tythes all Persons claiming them Impropriators as well as Priests are restrained from suing in the Temporal Courts and limitted to the Ecclesiastical or Spiritual Courts only for the Recovery of them 13. And that they might still have Dependence upon the Supremacy care was taken from the first by the Statute of 27 Hen. 8. cap. 27. That none of these Estates which then had come or should come from any of those Religious Houses to the King should pass from him by Grant to any Person whatsoever without an express Reservation of a Tenth And in a subsequent Statute 33 Hen. 8. cap. 39. Complaint being made that altho' out of those Grants which the King had made to sundry Persons of Honours Castles Mannors Lands Tenements Rectories c. which were under the Survey of the