quam quidem tu in multa tempora habiturus es Nunc quidem eorum quae opus sunt sufficientem vsum tibi custodientem post autem sempiternam voluptatem afferentem It doth much honour the Lord It procures preseruation of temporall blessings and brings euerlasting pleasure Therefore Anno 490. 13 Caesarius Arelatensis de Eleemosyna hom 2. Et quia non solum Decima nostrae non sunt sed Ecclesiae deputatae verum quicquid amplius quam nobis opus est à Deo accepimus pauperibus erogare debemus Est etiam locus notabilis Serm. 14. post initium Vbi etiam multa ex Augustino Idem hom 37. Dominus dicit in Euangelio Omnem decimationem vestram distribuite Ipse per Prophetam Inferte omnem decimam c. postea citat locum Augustini per totum The Lord in the Gospel and by the Prophet Malachie commandeth it Therefore 14. Eugippius in vita Sancti Seuerini cap. 17. 18. Anno 510. citatur pag. 47. Deuotissime frugum suarum Decimas pauperibus impendebant quod mandatum licet cunctis ex Lege notissimum sit tamen quasi ex ore Angeli praesentis grata deuotione seruabant Et postea dicit Seuerinus Si Decimas obtulissetis pauperibus non solum aeterna mercede frueremini verum etiam commodis possetis abundare praesentibus It is Gods commandement It bringeth both eternall and temporall reward Therefore 15. Anastasius Sinaita in quaest 13. Anno 544. libri qui vocatur Dux vitae Quaestio est Quantam suorum bonorum mensuram debet quispiam Deo offerre In responsione ex Chrysostomo in Matthaeum post multa sic ait Si ergo is qui dat dimidium nihil operatur quanti erit is qui ne Decimam quidem praebet Hee that payeth not is not esteemed with God Therefore 16 Concilium Matisconense secundum Can. 5. Anno 586. Citatur pag. 58. Leges diuinae consulentes sacerdotibus ac ministris Ecclesiarum pro haereditaria portione omni populo praeceperunt Decimas fructuum suorum locis sacris praestare vt nullo labore impediti per res illegitimas spiritualibus possint vacare ministerijs quas Leges Christianorum congeries longis temporibus custodiuit intemeratas Vnde statuimus vt Decimas Ecclesiasticas omnis populus inferat c. The Lawes of God for the Priestes inheritance haue commanded all people to pay Tithes to the Priests Therefore 17. Gregorius Mag. hom 16. in Euang. citatur pag. 57. Anno 600. Vnde fratres charissimi sicut offerre in Lege iubemini decimas rerum ita ei offerre contendite etiam decimas dicrum Ye are commanded in the Law speaking to Christians Therefore Anno 610. 18. Concilium Spalense siue Spanense citatum pag. 61. Omnes primitias decimas tam de pecoribus quam frugibus diues simul pauper Ecclesiis suis rectè offerant Omnis rusticus artifex quisquis de negotio iusto decimationem faciat Si quis autem haec omnia non decimauerit praedo Dei est fur latro maledicta quae intulit Dominus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Cain non rectè diuidenti congeruntur He is a robber a thiefe is cursed as Cain that payeth not praediall and personall Tithes Therefore Anno 630. 19 Isidorus Hispalensis in Glossa ordinaria super Gen. 16. At verò Patriarcha magnus decimas omnes substantiae suae Melchisedech sacerdoti post benedictionem dedit sciens spiritualiter melius sacerdotium futurum in populo Gentium quam Leuiticum vnde sacerdotes ex semine Abrahaenati fratres suos benedicebant quibus illi decimas secundum Legis mandatum dabant Eadem citat Rabanus lib. 2. cap. 16. in Genesin Abraham payed to Melchisedech considering the Euangelicall Priesthood Therefore Anno 630. 20. Antiochus hom 120. Quantum attinet ad Primitias his exoluendis modis omnibus obstringimur ex his etiamnum quae sunt proprio quaesita labore ex corporis viribus quas benigne ipse suppeditat Dominus quasque sua solius prouidentia suggerit dum nostri prouidam agat euram iuxta Scripturae tenorem dicentis vbi multos subiungit Scripturae locos Haec enim omnia propter mandatum d◠altissimo iuxta datum ipsius multipliciter retribuet tibi In bono oculo glorifica Deum no imminuas decimas manuum tuarum In omni dato hilarem fac vultum tuum quia oblatio iusti impinguat altare Itaque ceu dixi homo omnis primitias ac decimas offerre debet Domino Deo nec vllus est qui praetexere possit ac tueri se velamine paupertatis Nemo n. illa vidua pauperior vspiam inuenitur quae duo minuta obtulit caeteris alioqui omnibus ampliorem retulit gratiam Praecipuè autem Monachi offerre Deo debent primitias ac decimas nec eas modo quae in conspicuo sunt ac propalam videntur hoc est ex ijs quae aliorum rum munere distribuuntur aut ex opere manuum resiliunt commoda sed spirituales c. Very many places of Scripture are produced and thence for the commandement sake wee offer Tithes to God Therefore 21. Exhortatio Ms written about anno 700. Anno 700. citatur pag. 66. Ille bonus est Christianus qui ad Ecclesiam frequentius venit de frugibus suis non gustat nisi prius ex ipsis Domino aliquid offerat qui decimas annis singulis pauperilus reddit qui sacerdotibus honorem Hee is a good Christian that doth it Therefore 22. Missa Aethiopica tom 4. Biblioth SS Patrum citatur pag. 66. Rogemus pro ijs qui obtulerunt munera sanctae vnicae quae est super omnes Ecclesiae sacrificium scilicet primarum decimarum gratiarum actionis signum monimentum Tithes the gifts of the holy Church the signes of our thankesgiuing Therefore 23. Beda Histor Eccles lib. 4. cap. 29. Anno 720. De Eadberto Lindisfarnensi Episcopo Eleemosynarum operatione insignis ita vt iuxta Legem Mosis omnibus annis decimam non solum quadrupedum verum etiam frugum omnium pomorum nec non vestimentorum partem pauperibus daret Et in Scintillis cap. 29. Habet titulum de Decimis Vbi textus Malachiae 3. Pauli ad Hebraeos 7. de Filijs Leui Sacerdotium accipientes c. postea Augustini verba citat varia Idem cap. 36. quaest super Exodum In decimis itaque Domino offerendis denarius numerus perfectionem significat quia vsque ad ipsum numerus crescit itaque sicut in primitijs principia voluntatum ita in decimis consummationem nostrorum operum ad Deum referre praecipitur Eadem ipsa Isidorus cap. 36. Comment in Exodum habet The imitation of the Law is commended The Prophecie of Malachie produced And the 7. of the Epistle to the Hebrewes applied By Tithes perfection is signified and in type it is commanded that we offer
praeiudicat quodque puritas conscientiae dictat mihi exteriori praecepto fortius est omnem indulgentiam alienae despensationis euacuat Si filij Israel de mandato Domini in retributionem longi obsequij quod Aegyptijs impenderant eis vasa argentea aurea oâ—tulerunt non expedit vos haec ad consequentiam trahere nisi constet Dominum haec mandasse vos nobis tanquam Aegyptijs longae seruitutis obsâ—quium impendisse Consultius ergo modestius agentes date operam vt praedictae ambitionis nota quae veâ—trae sanctitatis titulos dehonestat abscindatur à vobis nec prorebus perituris commune in vos scandalum excitetis Vae illis per quos scandalum venit In restitutione rei alienae non credatis conditionem vestram in aliquo laedi Nam si quid vtilitatibus vestris deperit hac in parte deuotio populorum quae nunc erga vos plurimum turbata est totum hoc pleniore munificentia restaurabit Quod si pertinaces vos inflexibiles exhibitis vinculo anathematis innodabimus vniuersos qui aliquid vobis dederint aut vendiderint vnde ius decimationis obueniat in coelum clamabimus ad thronum summi iudicis appellabimus ne quis huius vinculum excommunicationis absoluat Principum etiam fauorem in hac plenissimè obtinebimus vt gladio spirituali manus ciuilis assistat Et quicquid contra principale or aculum venditum aut donatum vobis fuerit confiscatur Autequam ergo res in deteriorem vergat exitum vestrae famae mâ—turius prouidentes velitis assuescere solution decimarum illarum maxime quas cum maiori omnium rancore odio vsurpatis quas Clerici siue Monachi hactenus perceperunt Nam si de noualibus tantum sicut beatae recordationis Hadrianus Papa constituit decimas retinetis nobis in eare damnum erit tolerabilius cuius emolumenta non sensimus Verum iuxta Philosophi sententiam Non sine dolore amittitur quod delectabiliter commode possidetur This I haue cited at large as being a most notable and persuasiue Epistle wherein to prooue directly the diuine right of Tithes he saith The refusers set themselues against the iustice of God so they that endeuour to take them away The Prophet Malachie is produced It is the iustice of Gods Law that Tithes should bee the Priests To be priuiledged is ambitious not religious It is against conscience to retaine them It is worse then theft Since God hath commanded Tithes to be paid who can dispense It is Gods commandement wee must obey God therein Therefore Vide Epist 102. eiusdem Petri Blesensis Where the Abbot of Reading beeing scrupulous in conscience about retaining Tithes brings against himselfe the words of the Psalmist Sumite psalmum date tympanum Which words are applied by many for the right of the Clergie 65 Helmoldus Historiae Selauorum cap. 3. Anno 1180. Ea conditio à Rege id est Carole propositâ ab ipsis id est Saxonibus suscepta est vt abiecto daemonum cultu Christianae fidei sacramenta susciperent essentque tributarij subiugales Domini Dei Omnium iumentorum suorum fructuum culturae scu nutriturae suae partem sacerdotibus legaliter offerentes Idem in ipso Caroli Priuilegio Krantz Metrop lib. 1. cap. 4. Et cap. 92. Viri Holsati deuoti quidem in Ecclesiarum constructione hospitalitatis gratiâ sed decimis iuxta diuinum praeceptum legaliter persoluendis rebelles existebant Caetera multa quae citantur pag. 472. To offer Tithes is to be tributarie and subiects to God They pay Tithes according to the diuine precept legally Therefore 66 Coelestinus 3. tit de Decimis cap. 23. Ex transmisso Anno 1191. Fidelis homo de omnibus quae licitè potest acquirere decimas tenetur erogare Euery faithfull man is bound to pay them Therefore because a worke of faith commanded 67 Synodus Eboracensis sub Huberto anno 1194. Anno 1194. Citatur pag. 229. Cum Decimae sunt tributa egentium animarum ex praecaepto Domini dari debeant non est reddentis eas diminuere Statuimus itaque vt de his quae renouantur per annum cum omni integritate decimae debitae consuetae conferantur ita vt inprimis decimae absque vlla diminutione Ecclesiae dentur post modum de nouem partibus mercedes messorum aliorum seruientium pro arbitrio soluentis tribuantur Tithes ought to be giuen as the Lord commanded Therefore Anno 1200. 68 Synodus Westmonasterij sub eodem anno 1200. Citatur pag. 230. Cum Deo Sacerdotibus Dei Decimas dandas Abraham factis Iacob promissis innuerat authoritas veteris noui Testamenti nec non statuta sanctorum Patrum declarent Ibi etiam citat Concilium Rothomagense Abrahams fact and Iaakobs promise insinuate and the authoritie of the olde and new Testament and the statutes of the holy Fathers declare them to bee payed Out of the Councel of Rosne the Law in Leuiticus cited Therefore Anno 1200. 69 Stephanus Tornacensis Epist 171. Tangit nos haec plaga communis pater quae tantum non inuitat sed etiam inuitum trahit vt soluatis Decimas exigatis Successores Melchisedech filios Aaron non excusant nec Leuitarum immunitas portione sibi concessa gaudere permittitur cum vniuersos fiscus absorbeat Idem epist. 74. Credo pater quia Cistercienses sunt de numero eorum qui violenter diripiunt coelum sed vtrum violenter illis terram rapere licet nondum legi In receiuing Tithes Priestes are the successours of Melchisedech Therefore Anno 1200. 70 Ioannes de Beleth in diuinorum officiorum explicatione cap. 5. In veteri Lege praeceptum est vt ex omnibus bonis darent decimas quod ex omnibus Deus sibi decimam voluit quam tribui Leui in celebratione sui officij appropriauit Sic nos vtique humiliter facere debemus Quod si vero à Laicis iniuste possideantur nihilo tamen minus eas tenemur soluere Nec sane licitum est cis conniuere aut de his dispensare sed illas tantisper reddere donec Deus iniustam eorum possessionem in melius emendauerit Proinde si quis decimas retinere praesumpserit certe ille transgressor praeuaricator praecepti diuini iam factus est mortaliter peccat Atque etiam qui hoc non fecerit sciat se non solum decimam retinere sed quod nouem alias partes iniuste non dubitat possidere tantum est non reddere quod ad Deum pertinet Wee must pay Tithes as in the Law is commanded God will haue Tithes of all There is no indulgence no dispensation in them Hee that payeth not is a transgressour of the Law of God sinneth mortally hee vniustly possesseth the rest of his estate Tithes belong to God 71 Innocentius 3. In serm 3. de
constrictus ad vltimum ipsa Capella quae magis contentionem quam vtilitatem praestat destruatur That all Tithing should bee assigned by the Bishop or his Deputy that without his grant none should conuey them to his owne Chappell which if he doe first the Secular Law shall punish him next the people shall bee excommunicated and lastly the Chappell shall be destroyed as affording more cause of strife then profit P. 361. But it may seeme hee feared such an answere and therefore sets himselfe to prooue that it was lawfull to build Churches in their owne Fees without consent of the Bishop and this hee saith was challenged by the Baronage of England and therefore citeth a Decretall Epistle of Innocent 3 Tom. 2. pag. 228. Animad 11 But it is a false quotation for his purpose for saith he It was challenged without licence but the Pope allowes it to the Laitie so that they had licence from the Bishop of the Diocesse and that the new foundations should not bereaue ancient Churches of their assigned endowment This last Clause and not the first was that which the Baronage pretended in defence of the Archbishop for building a Church at Lambeth for otherwise besides the Archbishops owne authorizing his owne Acte euen the confirmation and approbation of Pope Lucius is there signified and therefâ—re not challenged without licence but against this by reason of the hurt thence arising to the Church of Canterbury was this Decretall Epistle for the immediate words are Sed ex hoc opere videtur Ecclesiae Cantuariensis dignitas ex parte non modica deperire c. But by this worke the dignitie of the Church of Canterbury would greatly bee empayred and nothing followeth concerning licence of the Bishop As for building of Churches without coÌ„sent of the Bishop obserue how far the Emperor was who euen makes this Capitularie Placuit nobis L. 5. c. 182. ne Capella in nostro Palatio vel alibi sine permissu Episcopi in cuius est Parochia fiat It is our pleasure that no Chappell in our Palace or elsewhere bee without permission of the Bishop of the Diocesse Againe he returneth to his Paradoxe which out of two Epistles of Iohannes Sarisburiensis he would inferre for that in those cases of Tithes no title is made meerely by Parochiall right but Praescription or Consecration are the grounds whereon they are demaunded Animad 12 The first case Ep. 21. is betweene two neighbour Parishes the quaestion is to which Church the Tithes and Parishionets belonged and for this the one partie pretends a former Iudgement for him Here could be no demaund by Parochiall right when the quaestion was of it and nothing else demaunded but Parochiall right and therefore in the Libell both Parochiani and Decimae wherein Parochiall right consisteth were the two demands The like is Ep. 87. Animad 13 The second case in Epist 84. is also betweene two neighbor Parishes for Tithes pertinentes ad Ecclesiam de W. quas in die Consecrationis iam dictae Ecclesiae Radulfus Rotundus obtulerat Episcopo Londinensi praesente approbante Tithes which belonged to the Church of W. and which in the day of the Consecration of the said Church Radulphus Rotundus did offer the Bishop of London being both present and approouing it which were detained by another Parish without any sentence whereas the Parish W. had euicted them from the predecessor of the Parson and the other Church Now in this case is not Parochiall right claimed Decimas pertinentes ad Ecclesiam And this both by prescription and ordination and a former sentence is iustified So that in both examples he hath dealt falsely But in this later is a plaine signe of the Bishops approbation to each mans offering of Tythes like that in the confirmation of William Giffard Bishop of Winchester cited by him pag. 344. In the same Salis his 28. Epist and 109. as also for Parochiall right But Theobald the Archbishop reprehendeth Ala the Countesse of Warren P. 362. for that shee did not pay the Tythes which her husband had vowed therefore there is arbitrarie Consecration Animad 14 These Tythes were not the Tythes of the Demesnes but Denariorum Gabuli of rent mony which he might vow she ought to pay The tenth of rent not increase though out of her Dowry because it was vowed vpon the Altar it was the Dowry of the Church it was so to bee for so it was her Dowry And this Tything can extend no further See pag. 342. the words in the Authour P. 363. 364. Againe the three Monkes Knighton Higden and Walsingham are cited who before are answered and for confirmation of their opinion concerning the Councell at Lyons Hee bringeth a petition in Parliament made by a Parson of Gillingham against the King for denying him out of the Forest situate in his Parish Tythe Hay and Venison and Pannage and other profits which Ecclesiae suae de iure communi debentur secundum formam Supplicationis exhortationis Apostolicae porrectam Domino Regi apud Gillingham quando fuit ibi ad Natale What was that Exhortatio or Supplicatio Apostolica surely some particular letters from Rome obtained in behalfe of the Parsons and no new decree Animad 15 Neither by this may it seeme that in the Kings case Parochiall right of Tythes was not yet euery where setled although increasing in a Parish Nay by this we may well see they were euery where due euen from the King in that the Parson could claime them by Iure communi debentur Ecclesiae suae They are due to his Church by common right and durst procure letters from Rome and complaine euen in a Parliament sure his complaint was no generall complaint against an allowed custome but a speciall wrong in this place alone Nothing stronger then this to prooue Parochiall right if the Kings Forrests must pay Tythe to Gillingham de iure communi In the next Section Pag. 365. hee speaketh of Tythes not assigned to any Parish to whom they doe belong And entreth this digression by saying that vntill those innouations by Canons in denying Lay-men right arbitrarily disposing the iurisdiction which the common or secular law had formerly challenged and exercised in detayning the right of Tythes betweene the Priests and Parishioners grew out of vse Animad 16 And yet in all his 14. Chapter of Iurisdiction of Tythes not any secular law so directly intermedled in Tythes but euen since that time of the Lateran Councell which yet he would prooue to be the time of forbidding such consecrations the Epistles of Ioannes Sarisburiensis shew the contrary and the Decretals of Alexander the 3. written vpon suits to this countrey can testifie besides those suites for Tythes in the Archbishops Courts which after out of the Chartularies of the Priories of Rochester and Leeds I will produce And the Temporall Courts cannot holde plea of Tythes vnlesse it be by way of prohibition but
one which because of the inequalitie of mens estates and the vnwillingnesse of men freely to confesse their annuall personall gaine from their seuerall trades was appointed by the Common-wealth to which it may be to auoide scandall the Clergie agreed to place it vpon the Rents of houses to the knowledge of the value whereof the Parsons might come without vrging them to confesse vpon Oath the truth which in couetous mindes might often haue occasioned periurie Constitut de Decimis cap. Sancta Verb. Negotiatione And Lindwood iudgeth the 52. farthings if not in consideration of the prediall Tythes of houses yet to be as oblations which through custome might be due aboue the Tythes and not as the Authour would haue them to withhold the payment of personall Tythes which were also paid as in the next Animaduersion may appeare Pag. 9. For the nature of these Tythes of houses I here offer a discourse titled A deuise how the Curates of London may be prouided for of sufficient liuings Animad 9 This Discourse seemes to be a malicious Treatise grounded vpon that false supposition that onely Praediall Tythes are due Which the Authour would seeme to countenance as if in the Leuiticall law there were no mention of other Tythes which although it be true in the precept in the last of Leuiticus yet elswhere it is more generally said Thou shalt not deferre to offer thy Tythes and first fruites Exod. 22. in the vulgar and Deut. 12. Decimas primitias manuum tuarum Inferte omnem Decimam Mal. 3. Sanctifica Decimas tuas Da altissimo secundum donatum eius Eccles 35. The Pharisee Tithed Ex omnibus quae possideo Luc. 18. of all that hee had And because the Schoole doctrine is so much followed by the Authour The conclusion of Alensis out of some of those is Sum. p. 3. q. 5◠M. 4. Art 2. Si ergo ex dono Dei possidentur omnia quae acquiruntur iusto negotio vel arte de illis decimae dandae erunt If therefore the gaine out of any honest Trade or Art be possessed by the gift of God then of them Tythes must be paid And himselfe Page 163. following these Schoolemen hath thought such scruples about the difference of personall and praediall Tythes to haue beene needlessely handled by some because both are equally due The Morall law according to them not designing out reall possessions to be more subiect then personall profit Wherefore it is Absurde that the deuise should inferre that therefore by no meanes els there is due any liuing to the Priest but by the consents of the people and also auerring that the liuing which the Ministers haue had in London hath beene by the consents of the people which hath long time giuen them fourteene pence of euery noble rated by the rent of houses In the time of Roger Niger de Bileye Bishop of London Circ Annum 1235. Lib. Ms in the Statutes betweene the Rectors of London and the Archdeacon there amongst other offenders Detentores Decimarum The detaynors of Tythes in the city of London were excommunicated Tythes therefore then were vsually payd And after Si contingat aliquem parochianum esse rebellem Ecclesiae suae vel Capellano suo non soluendo ijs parochijs oblationes debitas consuetas secundum facultates suas nec alia quae ad eum pertinent soluere c. If it shall happen that any parishioner shall denie vnto their parish Church or the Chaplaine therof and not pay his due offerings and accustomed according to his ability or other things which hee ought to pay c. And after Tribus diebus Dominicis post Natiuitatem Sancti Iohannis Baptistae in omnibus Ecclesijs à Capellanis annuatim publice fiat inhibitio ne quis praediorum siue gardinorum decimam fructuum asportet vel asportari faciat nisi primo Ecclesiae parochiali competenter inde fuerit satisfactum Three Sundayes before Midsommer day in euery Church yeerely let an inhibition be publikely made by the Chaplaines that none carrie away by himselfe or others his praediall Tythes and of gardens vnlesse first the parish Church bee meetly satisfied Tythes therefore to be payd and offerings were due not voluntary In eodem Ms And in the petitions of the Rectors of London against the Dominicans and Franciscans who much impayred their profit to the Archbishop of Canterbury and the rest of the Bishops then in a Synode amongst many other complaints this is one Item fratribus confessi qui de negotiationibus suis Ecclesiis parochialibus iure Canonico solebant annuatim conferre decimas Vide simile apud p. de Vineis lib. 1. ep 37. à tempore quo confessionibus fratrum se submittunt modo debito nec consueto negotiationes suas decimare non curant Also they that confesse to the Friars Mendicants who before were wont yeerly according to the Canon law to pay Tythes of their trading to their Parish Churches Now since they confesse to those Friars they neglect in due and accustomed forme to pay Tythe of their trading And so in many other complaints remembring tithes besides in the next complaint before this the Rectors complaine how that their parishioners who Diebus Dominicis saltem festiuis tenentur visitare Ecclesias parochiales in eisdem Sacramenta Sacramentalia recipere ac seruitium diuinum deuotè audire nec non oblationes debitas consuetas in Missis solennibus offerre Ad loca fratrum praedictorum se transferunt Ecclesias parochiales suas spernunt relinquunt desertas sic debita iura Ecclesiae quibus antiquitus Ecclesiae sunt dotatae fratribus conferunt At leastwise on Sundayes and Festiuals are bound to frequent their parish Churches and to partake the Sacraments and Sacramentals there and to heare deuoutly diuine seruice as also to offer at solemne Masses due and accustomed oblations Now they goe to the places of these Friers and scorne and forsake their Parish Churches and so bestow the due Rights of Church wherewith the Churches were anciently endowed vpon these Friers Out of both which together I obserue not onely personall Tythes to be payd but also offerings debitas consuetas vpon Sundayes and Holy-dayes for which and not the Tythes the fifty two farthings according to Rent it may be were payd in that they are called due and accustomed and debita iura quibus antiquitus dotatae Ecclesiae whereby Lindwoods opinion cited by him pag. 244. is confirmed who either thought them payd for the praediall Tythes of Houses or for vsuall oblations These petitions of the Rectors were as I suppose offered to Robert VVinchelsey Archbishop vntill the yeere 1313. for the Sigle of the name is R. and the constitution of Benedict the successor of Boniface the eighth is called Noua Constitutio a new constitution and the Canon at Vienna by Clement the successor of Benedict is not vrged against them When the foureteene pence
But although such considerations if they were all true as of the owners conueyance continuance of time c. might seeme to inferre a debitum iustitiae not only charitatis yet that is but politicke iustice not alwayes Christian and signifies no more then as due by common law which is a lesse tie of conscience then the due of charity And therefore they might thinke it no more then as Almes commanded by law concerning which out of superfluity many of the ancient haue spoke no lesse of the duety and haue accounted them at least wise vniust who haue detayned Almes making charity the Author but Iustice the reason of the giuing and haue so interpreted that verse in the Psalme Psal 112. v. 9. Dispersit dedit pauperibus iustitia eius manet c. Pag. 15. VVhat doe they else when they confound Tythes and consecrated lands together Animad 14 They that confound Tythes and arbitrarily consecrated lands giuen to the Church in applying the same originall right to both erre in my opinion if any such be Saint Ambrose knew well how to distinguish betweene a Church and other inheritance Oâ—ttionâ— de Basilicis tradend s. Inter agros Ecclesiae Basilicam the like must we make betweene lands and Tythes nay and more God hauing a right to Churches in that they are made his though neerer by dedication but in Tythes because they are the Retribution to his prouidence the tribute to his power the reseruation out of his liberality his owne challenged due inheritance This History hath by distempered malice Ibid. ignorance or iealousie beene cried downe in corners Animad 15 Sure their malice had more discreete temper and their Ignorance more solide learning and their iealousie more discouered reason who cried downe his booke in corners then distempering selfe conceipt will acknowledge their malice was but the hate of falshood their ignorance but the modesty of not writing and their iealousie but the prophesie of what is too true but how euer they would not I meane openly to crie out against it if not crie it downe without malice though it may bee more ignorantly then those whom his words may intend and not out of iealousie but out of perfect knowledge of the ill consequence of his booke in the maintenance of the Clergie although hee compare his workes to Frier Bacons most noble studies and Reuchlins and Budes and Erasmus rare labours and thinke all blockes to learning that shall not giue a passing approbation to his curious diligence VVhat hath a common Lawyer to doe so they murmure with writing of Tithing Pag. 17. Animad 16 In that a common Lawyer by profession hath written a History of Tithes for my part I condemne him not nor any other if the matter were seasonable and true and onely a History and were allowed yet I could haue wished he had placed his paines vpon some more pleasing argument whereout hee might haue had for malice prayse for ignorance admiration and no iealousies especially of the church to whom he owes his obedience to attend his indeuours I will not define who is the proper agent vpon this Subiect I am sure that Office which I vnworthily beare might haue best interest in all respects especially if the ancient duety be considered which was in the custody dispensation iurisdiction of Tythes amongst other reuenues besides the capablenesse of possession in himselfe the induction of others into the right of possession and some other coÌ„ueniences And to that office both Theology and the Canon law should be no strangers and the embracements also of Philologie haue not beene denied that dignity witnesse Petrus Blesensis Iohannes Sarisburiensis and before these that honour of my poore dignity his Master and the restorer of learning in my mother the Vniuersity of Oxon In Chartul Ecclesiae Roffens Vodesis etiam Bernar. ep 205. the famous Robertus Pullus or Pullenus or Pullanus sometimes Archdeacon of Rochester as out of an Epistle written by Ascelinus Bishop there against him to Eugenius the Third by conference of other writings I haue certainely collected not to name the Historian Henry of Huntington or Syluester Gyraldus Cambrensis with others of our owne countrey Whence howsoeuer an Archdeacon haue not thought it fit to write the History yet my selfe that haue indeuoured to giue answer to this may haue sufficient authority against any imputation of my interposing in such an argument And thus from these verball Aduersaries I passe to the more reall obseruations and Animaduersions on his History not as a most censorious examiner as hee requireth nor yet as an yeelding enemy as he expecteth but as a friendly admonisher to him and a forward discouerer to others of such defects nay faults nay falshoods of this confident and ill consequenced Booke Greg. M. Indict 2. ep 78. In causa in qua Deo placere cupio homines non formido In that cause wherein I desire to please God I feare not men Errata PAg. 6. lin 12. percipientes lege Accipientes p. 17. l. 21. Decimarum l. Decimarum dato p. 26. 18. exhibitis l. exhibetis p. 71. 11. apparantly annexed l. apparantly that tythes were annexed p. 86. 14. out of l. one of Ibid. 24. Agrippiensi l. Agrippinensi p. 100. 10. would for I would for p. 102. 2. that deleatur p. 120. 33. Approbations l. Appropriations p. 125. 4. action l. actions p. 158. 14. Exercendam l. Exercenda p. 177. 34. as that deleatur p. 207. 6. Reade thus Right of arbitrarily disposing the iurisdiction which the common or secular law had formerly challenged and exercised in detayning the right of Tythes between the Priests and Parishioners grew out of vse ANIMADVERSIONS vpon the HISTORY THe Authours first and second chapters Of the testimonies of Scriptures and practise of the Iewes whereon according to my Profession I most entended to haue placed my Obseruations haue beene learnedly censured and the authorities of Scripture which are there proposed haue beene exactly pressed by that most religious and most worthy Knight Syr Iames Sempil whose loue to the house of God shall be gracious both with God and good men And the Treatises of the Diuine right of Tithes promised by many Hilarius de Sy. nodis must insist thereupon I haue therefore vpon due respect for to vse S. Hilaries phrase Quid tantorum virorum doctrinis atque dictis inserimus torpentia ingenia atque sensus hebetes atque temerarios neither interposed my censure neither preuented their censuring Yet whereas according to the wise iudgement of Vincentius Lyrinensis Ecclesiasticall tradition after Scripture as an interpreter is needfull to conuey the true sense of Gods Word with more euidence to the peeuish What that noble Knight did purposely omitte I haue aduentured not bawking any helpe of M. Seldens or other mens writings to propose a Catalogue of the ancient Fathers and succeeding Writers whereby both his and our Churches iudgement may be freed from the
suspicion of noueltie and the Authour and whosoeuer fauour the opinion of his booke may be brought to consideration how many holy Fathers whose liues and deathes God hath made glorious by miracles by whose learned and godly writings both Heresie was confounded and the Trueth conueyed vnto vs are opposite to their politike new found fancie And yet so little reuerence had their gray-headed authorities that either they are passed with censure or contempt Aimoinus Aimoinus lib. 3. de gestis Francorum cap. 41. Relates that when Chilperick would haue proclaimed Sabellianisme and perswaded Gregorius Turonensis to it and yet in his reason confessed S. Hilarie and S. Augustine to be against him that holy Bishop replied Cauendum est Domine mi Rex ne ille irascatur tibi cuius illi fuerunt famuli qui vt tu ipse fateris in ista credulitate sunt contrarij I compare not the errors together God forbid yet the aduise of that great Bishop belongeth to him That since he acknowledgeth S. Ambrose and S. Augustine and S. Gregorie and others to be aduersaries to his intention he would feare the anger of that God whose seruants they were And following Vincentius Lyrinensis his wise admonition Cap. 4. 39. Quicquid non vnus aut duo tantum sed omnes pariter vno eodemque consensu apertè frequenter perseueranter tenuisse scripsisse docuisse cognouerit id sibi quoque intelligat absque vlla dubitatione credendum Whatsoeuer the vnanimous consent of continuate antiquitie hath constantly held writ taught that without doubting is to be beleeued He would retract his new opinion and acknowledging his last errour he would returne to the gracious fauour of the King and Church whom if by disobedience he neglect would shewe more supercilious pride and youthfull folly then either would beseeme subiect or Christian Before the authorities let the Reader obserue these three Propositions which may state both the question and interprete the Ancient 1 That the Doctrine concerning Tithes was euer that they were due De Iure Diuino as appeares by the Fathers in time of persecution when they could not haue them generally paid as Irenaeus Origen Tertullian Cyprian 2 That assoone as persecution ceased they were receptae in moribus hominum before they were giuen to the Church by any Imperiall or Ecclesiasticall law as appeareth by those Fathers that liued in the flourishing time of the Church in the next 300. yeres as S. Chrysostome Hierome Augustine Ambrose and many others 3 That the lawes Imperiall Ecclesiasticall concerning Tithes doe declare the right of Tithes not giue them nor the Right and they doe adde Ciuill and Ecclesiasticall punishments on the Non-payers rather then decree the payment as in the Capitulars is manifest The Catalogue shall be disposed according to their seuerall precedence in antiquitie and onely those at large insisted on who directly or by necessary consequence maintaine the Diuine right of Tithes or more Which consequences shall be onely briefly deduced out of them not to stay the more learned reader in the English nor yet defraud any of the inferences The first shal be Irenaeus Floruit anno Domini 180. Qui proximus fuit tēporibus Apostolorum as S. Basil de S. S to cap. 25. He lib. 4. cap. 20. saith Sacerdotes sunt omnes Domini Apostoli qui neque agros neque domos haereditant hic sed semper altari Deo seruiunt De quibus Moses Non erit sacerdotibus Leuitis in tota tribu Leui pars neque substātia cum Israel fructificationes Domini substantia eorum manducabunt eas Propter hoc Paulus Non inquiro inquit datum sed inquiro fructum Discipulis inquit Dominus Leuiticam substantiam habentibus c. The Apostles are the Priests that serue at the Altar that must eate the Lords parte that must haue the substance of the Leuites not of gift but right Of them spake Moses Therefore are tithes due to them by the Law of God In the same booke cap. 27. Et propter hoc Dominus pro eo quod est Non moechaberis non concupiscere praecepit pro eo quod est Non occides neque irasci quidem pro eo quod est Decimare omnia quae sunt pauperibus diuidere Haec omnia non dissoluentis legem erant sed extendentis dilatantis in nobis and cap. 31. Quae autem naturalia liberalia communia omnium auxit dilatauit Therefore Decimare according to Irenaeus is plainly naturall And cap. 34. of the same booke Offerre igitur oportet Deo primitias eius creaturae sicut Moyses ait Non apparebis vacuus in conspectu Domini Dei tui vt in quibus gratus extitit homo in his gratus ei deputatus eum qui est ab eo percipiat honorem Et propter hoc illi quidem decimas suorum habebant consecratas Qui autem perceperunt libertatem omnia quae sunt ipsorum ad dominicos decernunt vsus hilariter ac liberè dantes ea quae non sunt minora vipote maiorem spem habentes To giue Tithes or more is a signe of our hope of heauen Therefore Anno 226. 2. Origenes Quem post Apostolos Ecclesiarum magistrum nemo nisi imperitus negat as S. Hierome de nominibus Hebraicis He Hom. 11. in Numeros Decet enim vtile est etiam Sacerdotibus Euangelij offerre primitias Ita enim Dominus disposuit vt qui Euangelium annuntiant de Euangelio viuant Et sicut hoc dignum est decens sic è contrario indecens indignum existimo impium vt is qui Deum colit ingreditur Ecclesiam Dei qui scit Ministros Sacerdotes assistere altari aut verbo Dei aut ministerio Ecclesiae deseruire vt de fructibus terrae quos Deus dedit solem suum producendo pluuias suas ministrando non offerat primitias suas Sacerdotibus Non mihi videtur huiusmodi anima habere memoriam Dei nec cogitare nec credere quia Deus dederit fructus quos coepit quos ita recondit quasi alienos à Deo Si enim á Deo sibi datos crederet sciret vtique munerando Sacerdotes honorare Deum de datis muneribus suis Et adhuc vt amplius haec obseruanda etiam secundum literam ipsius Dei vocibus doceantur addemus haec Dominus dicit in Euangelijs Vae vobis Scribae Pharisaei hypocritae qui decimatis mentham hoc est decimam datis menthae cymini anethi praeteritis quae maiora sunt legis Hypocritae haec oportet fieri illa non omitti Vide ergo diligentius quomodo sermo Domini vult fieri quidem omnimodè quae maiora sunt legis non tamen omitti haec quae secundū literam designantur Quod si dicas quia haec ad Pharisaeos dicebat non ad discipulos Audi iterum
in these constitutions therefore there were no such constitutions or not knowen to them since the controuersie about the celebration of Easter in Polycrates and Victors time shewed that therein there were diuers practises from diuers Traditions as euen in this Argument was pretended and the Tradition of S. Peter seemeth not to be vnknowen but by these not to be approoued I will not call this Argument grosse and ridiculous and deceiuing with many other bad names as Hee calls the same Argument being but affirmatiuely proposed And what difference in consequence of Reason betweene praeceptum est ergo factum and non factum est ergo non praeceptū and yet this must serue his turne though amongst them who being vnder diuers gouernments haue diuers Traditions through the sides of Clement to weaken the authoritie of the receiued custome of the obseruation of Christmas day in the Churches of Christendome And yet if wee from a Canon of the Church and Statute of a kingdome and those grounded vpon the Law of God doe inferre charitably that therefore at that time in these gouernments such was the practise of that which is now allowed in all these seuerall gouernments yet such Arguments must be hist at So much in generall but in particular first the constitution for Tythes is iudged fained and counterfeit because had it beene the Apostles ordinance or vse of the Church in the Primitiue times Origen Tertullian and Cyprian hauing such occasion to mention them could not haue beene so silent of it In the next succeeding age the Councels who talke of the goods of the Church and offerings of the fruits would haue mentioned them Animad 17 Origen and Cyprian claime them and name them as in vse as before and in the Catalogue Tertullian hee excludes them not by his Stipes which either in respect of the paucitie of the Clergie affoorded a liberall maintenance or were ouer and aboue Tithes which because before were paid to Idoles seruice were not thought as a charge to any new conuerted for Tertullian euen in the same chapter where hee names them Stipes remembreth the excesse of the feasts Herculanarum decimarum of Hercules Tithes and the custome of the Carthaginians vnder which gouernement hee liued may perswade it whereof before in the 3. Chapter And yet further Tertullian in the 42. chapter of the same Apologeticke saith plus nostra misericordia insumit vicatim quam vestra religio templatim our bountie bestowes more almes in each village then your religion in your Churches So that these Stipes were no such contemptible portion The succeeding Councels what need they name Tenthes since as Agobardus saith Operum p. 276. Nulla compulit necessitas feruente vbique religiosa deuotione amore illustrandi Ecclesias vltro aestuante that is They needed make no Canons to claime them for then they must haue claimed them as Tithes but onely to dispose them and so the name of goods or offerings or fruits or Redditus or such like were more proper because not Tenths as Tenths were diuided by the Bishop but an estate of them together with Rents and oblations were Canonically dispensed They were Tenths as from the Layetie goods as in the Clergie or to respect both offerings When the Councels challenge them they are named as in the Canon of Pope Damasus afterward 2. The constitutions of Clement for Tithes are thought forged First for their pride for in his Reuiew pag. 464. Hee saith lib. 2. cap. 34. the supremacie of all power is arrogated in the same to the Clergie it being there commanded the priests to bee honoured as kings and haue tribute payed them as kings And that they are so bold as to apply that in Samuel touching what a king would doe in taking from his Subiects to the power of Bishops as if they should doe so 1. Sam. 8. and they affirme it as much more reasonable that Bishops should doe so and constitute and ordaine the same wholly for Bishops as for kings Animad 18 An ingenuous Reader that shall consider the purpose of that constitution by way of perswasion from the duety of the Fift commandement in the sustentation of Parents either naturall as in the chapter before or politicke as in that to require maintenance for the fathers and rulers of the soules shall easily perceiue such imputations of arrogant claime to be vniustly laid vpon that constitution and therein that the Author hath discouered more will to oppose then hee had reason onely I may doubt to make odious the cause of the Church or Clergie for whom yet there is onely claimed quae sunt ei à Deo constituta ad alendum eum Clericos eius what God hath appointed for the sustenance of him and his Clergie Animad 19 As also in the next exception where he saith that the Authours reckoning vp the Ten Commandements make the Tenth to be Thou shalt not appeare emptie before the priests whereas there the Authours reckon other morall duties which are not immediatly praecepts of the Commandements though this as those in the sense required is a like morall And if by chance it hapned to be the Tenth it needed not such a flout Animad 20 Neither is that other constitution of St. Matthe◠lib. 8. cap. 30. Pag. 462. other then what is alwaies after commanded that the Reuenues of the Church should by the Clergie bee disposed besides their owne necessities to relieue the poore And in that diuision of Primitiae to the Priests and Deacons and Decima to the rest of the Clergie it is but a Canon of order that the best should haue the best and those were the Primitiae But this also was Gods praecept in the Law Numb 18. whereupon Eucherius saith In quaesi sup Leuit. Primitiae frugum caeterarumque rerum Sacerdotibus Decimae vero Leuitis deputabantur The First fruits of corne and other things were appointed to the Priests but Tithes to the Leuite Lib. de Iudaicis superstitionibus pag. 81. But howsoeuer what by the censure of Gelasius and the Councell of Trullo and the saying of Agobardus Licet ijdem libri iudicentur Apocryphi plaeraque tamen ex his testimonia inueniuntur à Doctoribus vsurpata Although the same bookes are iudged Apocryphall yet out of them many testimonies are found vsed by the Doctours and by the concession of our Authour since they were written 1000. P. 464. yeeres agoe they are good authoritie for the Antiquitie of claime if not of constitution and therein may also countenance The counterfeit Canons of the Apostles P. 43. Against which in the next place he opposeth his censure thus The Can. 3. and 4. onely are indeed of First fruits although touching them by that name certainely no Law was made vnder the Apostles but no words of Tenths Animad 21 The Canons of the Apostles though for the whole number of 85. they haue small authoritie with the learned both Protestants and Papists to be
Cassian in the same chapter for that it followeth Eis coepit secundum Apostolum Spiritualia seminare quorum metebat dona carnalia Hee beganne according to the Apostle to sowe to them spirituall things whose carnall things hee reaped whereas Monachus plangentis non docentis habet officium The office of a Monke is to mourne Aduers vigilantium not teach as St. Ierome And the poore for whose vse he receiued Tithes were principally his Caenobitae of whom some might be Priests and Deacons as the Law of God so often vrged in his Sermon may import as also for that in the Lausiaca Historia by Palladius I haue obserued many Deacons and Priests in such companies and so was Cassian himselfe though a Monke But that the Tithes and Reuenues of the Church aboue the necessitie of maintenance were also by the dispensation of the Clergie ex debito Charitatis to be communicated to the poore must for the ancient times be granted But obserue those Tithes were annually paid Diaconiae to that office as appeareth cap. 8. of the same Collation where speaking of Theonas that after succeeded this Iohn Cum Decimas frugum suarum solitus esset Diaconiae annis singulis dependere When he yeerely payed his Tithe fruit to that storehouse The like may bee answered for those who offered Tithes to St. Seuerine as Eugyppius in vita and by him to the poore Cap 17. 18. which is his next authoritie Animad 3 The words import so much because he calleth it MaÌ„datum ex Lege notissimum The notable commandement in the Law now that must needs aime at the Clergie for whom onely the commandement in the Law was notable and hee confesseth it to hold in the Gospel But searching the quotation it appeares to bee poore Captiues yet that they might haue them euen almost in the next words he addeth pro decimis autem vt diximus dandis quibus pauperes alerentur Norici quoque Presbyteros missis exhortabatur Epistolis To giue these Tithes to feed the poore he wrote to perswade the Pannonian Priests Whence of dutie it appeareth how they belonged to the Priests but by their permission were disposed to the poore This if Hee had not concealed might haue marred his cause The practise remembred in the Councel of Mascon shall be considered after P. 48. Leo the great was Pope from 440. to 460. hath diuers Sermons De ieiunio decimi Mensis eleemosynis wherein hee is earnest and large in stirring vp euery mans deuotion in offering to his Parish Church part of his receiued fruit but speakes not a word of a any certaine quantitie Animad 4 Neither speakes any one word in those Sermons to stirre vp any mans deuotion to offer to his Parish Church I am sorry I haue cause to doubt that He tooke this at the second hand or else he would neuer haue published such an vntrueth to make at the best but a Negatiue argument for his errour Indeed Leo in his Sermons de Collectis intreateth that per omnes Regionum vestrarum Ecclesias In all your Churches there might be Spontantae Collectae Serm 3 4. Free gatherings Voluntariae Elâ—emosynarum oblatione voluntary offerings of Almes for the poore not the Parish Church But in the other Sermons quoted De ieiunio decimi mensis Serm. 2. c. no mention of Contributions either for or in the Parish Churches This is a great ouersight but in the next is as great a weakenesse Saint Chrysostome hath Homilies touching the Church maintenance in which you might wonder that Tithes were omitted if either deuotion or doctrine especially in those Easterne parts had made payment of them of any common vse the Homilies are In Epistolam ad Philippenses Serm. 103. Tom. 6. Edit Sauil. Animad 5 A strange argument Saint Chrysostome in those Homilies doth not remember Tithes therefore no Tithes payed then and there Hom. 4â— But what if in the imperfect worke vpon Matthew he say it as before and in the 18. Homilie vpon the Actes in the 4. Hom. vpon the Ephesians as in the Catalogue is cited shall his Negatiue against which are so plaine exceptions preuaile No wonder he there omitted them where by particularizing he might haue procured more enuie for one of the Sermons is against the Enuiers of the Churches estate yet elsewhere required them by name when there was no such occasion But what was the Doctrine and practise of those times see the Catalogue P. 49. Num. 2. A perpetuall Right of Tithes was consecrated to some Churches by grant or assignement out of such and such Lands at the Owners pleasure Animad 6 This is the Paradoxe of his whole booke his New opinion of Arbitrary Consecrations not pointed at by any before as in the Reuiew pag. 470. But hee cannot prooue that any such endowment was at the Owners pleasure without the authoritie of the Bishop consenting and graunting As for his quotations nothing proouing the Consecration at the Owners pleasure of the 4. Councell of Arles Can. 9. anno 813 Vt Ecclesiae antiquitùs constitutae nec Decimis nec vllâ possessione priuentur That Churches anciently endowed may neither bee depriued of Tithes or other possessions and that other in the Capitulars Ecclesiae autiquitùs constitutae nec Decimis L. 2. c. 36 c. nec alijs possessionibus priuentur ita vt nouis oratorijs tribuantur Let not Churches anciently endowed either bee depriued of Tithes or other possessions to bee giuen to other new Oratories I desire the Reader to take notice of against hee shall denie in the historie of Charles Martel about 60. yeeres before that no Tithes were generally annexed to Churches to which time no doubt the word Antiquitùs may very well extend and further too Antiquum ante aeuum not suo seculo proximum But for a preamble against the deuice of Arbitrary Consecrations this I suppose should be requisite that he should not only shew how Patrons by Charters conueied Tithes but expresly prooue that no Bishops had necessarie consent to such conueyance and to assigne or collate them because then the Canons and the Temporall and Nationall Lawes did not suffer any thing in Ecclesiasticall reuenew to bee done without the Bishops and supponitur pro iure donec probetur contrarium so that although in many conueiances the Bishops Charters are not extant or concealed yet they must be praesupposed and are almost in euery one of those proposed by him by circumstance to be deduced But to proue such assignements of Consecrated Tythes at the owners pleasure there are brought first Pag. 49. the Donation of Pipin to S. Monons Church for so he vnderstandeth these wordes in Molanus de Sanctis Belgij in 18 Octobris in the life of S. Monon Beato viro ob Titulum Christianitatis Mactato Pipinâ—s rex Regaliter decimas obtulit quas habet inter Letiam Vrtam To that holy man slaine for the
of the sacriledge since they were so vniuersally annexed And against the next reason were so reckoned Ad 4. among those Ancients that largely speake of Lay-mens oppression by the defacing whole Monasteries and Bishoprickes in the times that next succeeded For so did Agobardus as before so did Hincmarus in his booke entituled De statu Ecclesiae whose words are Inter opus pag. 653. Quid de vobis dicam Seculares qui non folum Ecclesias sed etiam ipsa Altaria possidere vultis numquid vos qui oblationes pauperum comeditis bibitis ad offerendas Deo hostias pro ipso populo accedetis Vos horrea frumento Cellaria ex his quae Ecclesiae sunt vino complebitis Sacerdotes eius fame affligetis Cur non pertimescitis iudicium Dei panes propositionum non licet comedere nisi mundis purificatis Sacerdotibus vos cum vxoribus ancillis vestris quod peius est nonnulli cum scortis Decimas oblationes fidelium manducabitis c. What shall I say of you Lay men who not onely will possesse the Churches but the Altars also Will yee that eate and drinke the offerings of the poore approach to offer sacrifice for the people Will ye fill your barnes with corne and your cellars with wine and shall the Priest starue Why feare ye not the Iudgement of God It was not lawfull for any to eate the Shew-bread but the cleane and purified Priestes and will you with your wiues and wenches nay which is worse with your harlots eate the Tythes and oblations of the faithfull c. Let the owners of Appropriations heare this and then as the partie with whom this Authour expostulates it may be hoped that they will say Quod si ita est immo quia ita est cogor iudicare amicos meos quae sibi iniustè conlata sunt iuste retinere non posse If it be so nay because it is so I am enforced to iudge that my friends cannot iustly retaine that which vniustly was giuen them And so also did the many Synods vnder Charlemaine which may appeare in the next reason Ad 5. The last reason and that of some consequence if true is that it cannot appeare that they were restored by Carloman and Pipin for the Decimae restored were as Rents of land and the twelue pence out of euery Casata First then he acknowledgeth Decimae to be restored And then the onely question is about the interpretation Wherefore I much wonder that hee should be so iniurious vnto the Centurie writers for relating the Canons of the Synode vnder Carloman in these wordes Decimas occupatas à prophanis restituimus As to adde such a marginall note concerning them Veteris huiusce aeui sermonis ignari hallucinati sunt In ipsa Synodo ita legerant Pag. 53. fundatas pecunias Ecclesiarum Ecclesiis restituimus pecunias autem Decimas significasse opinabantur sed perperam ridiculo They being ignorant of the old language of this age were deceiued In the Synode they reade wee restored Fundatas pecunias Ecclesiarum but they thought though falsly and ridiculously that pecuniae signified Tythes Would not hee retract his censure against the credit of those painefull collectors Pag. 466. Must now it bee acknowledged they had it out of corrupted copies and that Decimae and Pecuniae is all one in the sense and yet they haue no amends for so peremptory a censure when if they related not the word yet they did the sense And yet which is strange they quoted what they said and that truely out of Auentine And here also because the Author boasteth pag. 466. of a better copy of that Synode published by Goldastus in his 3. volume edit anno 1610. yet in a latter Edition of another booke of Constitutions anno 1613. he hath retained the word Decimas so that it may seeme his last thoughts are against our Historian Now therefore that of those Nonae and Decimae which were restored that in the Decimae a true Tythe was meant and not in Rent out of lands receiued shall by the Capitularies of Charlemain and Lewes be manifest But first let me take his owne confession pag 123. The Ninth and Tenth both there spoken of were onely the Rent due from the Tenants of Church-land by the ordinarie reseruation of the Tenth as of what was helde by many of it selfe due to the Clergie and of the Ninth as of the Rent and consideration to bee giuen to them as Lessors for the receiued profits In the time therefore of the making such Lawes there was an opinion of many concerning the dutie of such Tenths of themselues due to the Clergie These Tenths therefore beeing such Tenths and restored shew that true Tithes and not Rents reserued were signified thereby That the Nonae were payed onely for the land obserue Capit. lib. 5. cap. 147. De his qui agros Dominicatos propterea neglexerunt excolere vt Nonas exinde non persoluant doth shew for Agri Dominicati are not the Churches but the Kings Demesnes Concerning those who neglected to till the Kings demesne land Vide Glossarium Legum Antiquarum Chronic. Camera Attrebatens that they may not pay the Nonae and yet for them the defrauding of the Ninth for Rent is censured by Law whence euidently appeareth the Nonae to signifie a plaine Rent such as in secular conueyances were reserued But the Capitularie makes it most plaine Lib. 5. cap. 145. and doth interprete the like The words are De his qui Nonas Decimas iam per multos annos aut ex parte aut ex toto dare neglexerunt volumus vt per missos nostros constringantur vt secundum Capitularem priorem soluant Nonas Decimas cum sua lege insuper bannum nostrum Et hoc ijs denuncietur quod quicunque hanc negligentiam iterauerit beneficium vnde haec Nona Decima persolui debuit amissurum se sciat Ita enim continetur in Capitulari bonae Memoriae genitoris nostri in lib. 1. cap. 163. Quicunque Decimam abstrahit de Ecclesia ad quam per iustitiam dari debet eaem praesumptuose vel propter munera aut amicitiam vel aliam quamlibet occasionem ad alteram Ecclesiam dederit à Comite vel à misso nostro distringatur vt eiusdem decimae quantitatem cum sua lege restituat Concerning those who for many yeeres haue neglected to pay the Ninths and Tenths wee will that by our officers they be compelled according to the former Capitular to pay the Ninthes and Tenthes with the forfeiture beside our Bannum And let it bee made knowne to them that whosoeuer shal doe so the second time shall loose the Benefice whence they ought to be paid for so it is contained in the Capitularie of our famous Father in the first booke cap. 163. Whosoeuer shall take away the Tithe from that Church to which of right
And I thinke it a necessarie conclusion that since they are an argument of thankesgiuing they are due De Iure Diuino And yet farther if the Masse had iudged it a speciall bountie there should haue been added some Epithete of excesse to their gratitude since euery lesse offering would deserue as much as to bee accounted barely a Testimonie of thankes-giuing But I pray thee Reader attend the words of the prayer Rogemus Omnipotentem Deum Patrem pro ijs qui obtulerunt munera Sanctae Vnicae quae est super omnes Ecclesiae Sacrificium sc primitiarum decimarum gratiarum actionis signum monumentum Seu autemquis multum obtulerit seu parum aut secreto seu palam seu volens non habens omnium amplectatur voluntatem qui Coelestem Spiritum donat Let vs beseech Almightie God the Father for those who haue offered the gifts of the holy onely vniuersall Church to wit the Sacrifice of First-fruits Tythes as a signe and token of their thankes-giuing Whether any hath offered more or lesse or secretly or openly or in will though hee haue not accept all their good wills thou that giuest the heauenly spirit Obserue First that Tythes are called Munera Sanctae Vnicae quae super omnes Ecclesiae the gifts of the vniuersall Church Tithes therefore vniuersally giuen Secondly how they are called Sacrificium a Sacrifice a religious duetie to God Thirdly how the words multum or parum secretò or palam volens non habens must probably by cohaerence with the former haue reference to Tithes which may be more or lesse or nothing according to the abilitie of the persons These obseruations I haue added since I perused the masse it selfe By all which is plaine how the Authour could not haue produced a more important authoritie against himselfe But lastly the 2. Councell at Braccara P. 67. cap. 6. Tolet an 9. cap. 1. are alledged to prooue Tithes so farre arbitrary consecrations as that by the practise of some places which agree enough with the right challenged in the succeeding ages touching inuestiture and arbitrary consecrations the offerings were so in the Patrons disposition that hee might assigne a certaintie to the Minister of his Church and employ the rest at his pleasure Animad 24 As for for the quotation out of the Councell of Toledo Can. 1. there is no such thing it is a needlesse quotation Animad 25 For that of Braccara the Canon is thus Placuit si quis Basilicam non pro deuotione Fidei sed pro quaestus cupiditate aedificat vt quicquid de oblatione populi colligitur medium cum Clericis diuidat eo quod Basilica in terra sua quaestus causa condiderit quod in aliquibus locis vsque modo dicitur fieri Hoc ergo de caetero obseruari debet vt nullus Episcoporum tam abominabili voto consentiat nec Basilicam quae non pro Sanctorum patrocinio sed magis sub tributaria conditione est condita audeat consecrare Wee are pleased that if any build a Church more for gaine then godlinesse that he may diuide with the Priest the oblations of the people because it is built in his land which is said to be practised in some places at this time From hencefoorth be it obserued that no Bishop consent to so abominable a wish nor dare to consecrate such a Church which is not built to obteine the patronage of the Saints but to be vnder a tributary condition The Authours interpretation hereof is false for the Patrons portion was by composition with the Bishop who consecrated the Church vpon that condition and therein did consent and was forbidden thenceforth to consecrate so that it was assigned to the Patron and not by him as also Tit. de iure Patron c. praeterea Institutum ab Episcopo Secondly the fault of the Patron was euen abominable not to be defended nor followed Thirdly hence appeares the contrary to his intention he would prooue there offerings arbitrary in the quantitie But the Patron here who built the Church quaestus cupiditate for desire of gaine sure could not thinke so or else might well haue bene deceiued in his couetous desire For suppose they had not payed any set Tithe but each had offered two mites like the poore widow it would haue prooued no gaine to build Churches and that for halfe benefit especially if but ten housholds which may make a Parish as c. 10. q. 3. c. vnio out of the 16. Edit Venet. Concil tom 3. pag. 385. Councel of Toledo may be supposed Let him weigh this consideration where also may be considered how a great proportion of oblations must needs bee payd since out of halfe the Priest must haue a competencie which by all opinion and Law was allowed him Animad 26 But if in such maner as the parenthesis before inferres Arbitrary consecrations and inuestitures claime to meddle with Church oblations then euen before that time the Canons of the Apostles Can. 37. 40. Concil Gangrens cap. 7. 8. Antiochen can 24. 25. Damasus cap. 10. qu. 1. Hanc consuetudinem Concil 3. 6. sub Symmacho Agathense Can. 48. Aurelianense 1. Can. 16. besides other haue Anathematized them who besides a Bishop and his officer would dispose them Which faintly he seemeth to acknowledge saying that in this age also some Canons subiected all new built Churches to the Bishops gouernment but were little obeyed and so he citeth but onely one Aurel. 1. Can. 13. Animad 27 The fault might seeme lesse if but one Councell and that in opposition to the rest had said it But may it please the Reader to search these quotations ioyntly confessing the same truth Concil Arausicanum Anno 441. Can. 10. Ilerdense An. 525. Can. 3. Aurelianens 4. Anno 547. Can. 7. Toletanum 3. Anno 589. Can. 19. Toletanum 4. Anno 643. Can. 32. 34. and all these in the same 400. yeeres And then the disobedience should be a terrour and not an example of the like attempting since so many holy Fathers haue accursed the Lay intermedlers in the goods or fabrick in the Churches of their Diocesses ANIMADVERSIONS on the sixt Chapter TO begin the Treatise of the third 400. yeeres hee confesseth it to haue beene the generall opinion of the Church that they are due De Iure Diuino but would haue this generall opinion interpreted warily by the generall practise cleerely allowed by the Clergie Animad 1 He might haue said wickedly for that practise as himselfe confesseth was disobedient both to the Canons of the Church pag. 67. and 71. and to the Lawes of the Empire pag. 70. and 136. and therefore not allowed cleerely as he boasteth After the granting of ordinary payment not onely out of deuotion but dutie from the beginning of these 400. yeeres Pag. 72. Hee proceedeth to prooue Arbitrarie Consecrations at which he saith certaine phrases in Councells doe point as Decimationum prouentus priori Ecclesiae
proper meanes was Tythes out of them shee did reward her Defenders and as the Defensores and Aduocati of their Title had by ordination of the Bishop a certaine allotted reuenue so these deuoted Souldiers who by vow defended Christendome might well haue some share of maintenance in Tythes though no immediate and originall right vnto them Pag 122. NB. The next Section is touching the opinion concerning Tythes The opinion of the Councels generally was that they were due by Diuine ordinance Pag. 124. No deniall but by Leutardus who principally for denying this was adiudged an Hereticke as Rodulphus Glaber Hist 2. c. 11. and this in him was iudged non magis turpe quam damnabile not more foule then damnable wherein because he could not preuaile to retaine ambitiously the people to follow him he drowned himselfe This opinion is opposed by the practise in the disposition of them in perpetuall right to Monkes Nunnes Pag. 125. the poore in Hospitalls the Religious Orders of Knights To this sence he Animad 68 But this is answered before To which if we adde the opinion of that time that euen the Pope might dispense in the Law of God as in vowes marriage fidelitie Vid. gloss ad c. 25. q. 1. Sunt quidam and the inclination of Popes both to denie themselues no authoritie which their ancestours tooke and to doe what they could for the houses of their education and the pillars of their proud and superstitious Tenets we may thinke by these Graunts they did not vnderualue the Diuine right since as in the place of Iuo next quoted and abused they passed them but Lege charitatis and as cum pauperibus poterant habere commune By the Law of charity and of what might be communicate to the poore And heere Iuo his authoritie in Ep. 192. P. 124. being falsely related altereth the sence Animad 69 For he intending to prooue from the custome the right of Lay men to conuey Tithes and citing Iuo in that Epistle and adding But this might not be done as they would haue it by the Lay owner alone for he well adds that neuerthelesse no Monastery might lawfully by the Canons receiue a conueyance of Tithes illis ad quos non pertinet i. à Laicis from those to whom it doeth not belong that is from Lay men As if Iuo onely denied the right of gift not of enioying whereas the words are ad quos non pertinent to whom Tithes doe not belong c. thereby absolutely denying both The answere of this obiection P. 126. whereby he would peruert the meaning of the writers and Councels as before or else lay vpon them for confirming them euen the imputation of fearefull Sacriledge is thus Animad 70 That without Sacriledge they might communicate alwayes praesupposing a reuocable right onely herein they offended if vpon complaint or need the Bishops did not reuoke them in time For by the Canons after 40. yeeres there was no remoouing and that propter generale scandalum of that time wherein a Schisme might haue beene feared as in the Councell at St. Denis In vita Abnis c. 9. as Aimoinus doeth testifie a great outrage was committed In generali scandalo non sequitur correctio vel delinquentis vel aliorum ideo propter generale scandalum suspendenda est repetitio Decimarum quod sequeretur si vniuersaliter à militibus by the same reason à Monachis fieret repetitio In a generall scandall there followes no amendment either of the delinquents or others therefore for such generall scandall the requiring of Tithes is to bee forborne for that would follow if they should generally be exacted of the souldiers P. 3. q. 51. M. 6. Art 1. hee might aswell haue said of the Monkes saith Alensis So farre was hee from accounting it Sacriledge to tolerate Infeodations which are more vniust then appropriations though he held Tithes to bee due by the Morall Law of God quoad aliquotam or indeterminatam quantitatem P. 126. But he addeth that it appeares it was most expresly held against the Diuine law to conuey Tithes to any other Church then where the Owner vsed most commonly to receiue his soules food and therefore the confirmers and Donors could not thinke them due de iure diuino and for this he citeth Concilium Ticmense related C. 16. qu. 1. c. in Canonibus Animad 71 But there in that Canon not the Conueyance but the Conueyance pro libitu contempta Episcopi dispositione is iudged against the Law of God and Canons for that consilio and consensu Episcopi they might Videsis ante ad pag. 72. P. 127. There were Exemptions therefore no such opinion Animand 72 The course of Exemptions was vniust and substantially complained of though by the Monkes of Clugny who lost by it Epist 82. yet by Richard the Archbishop of Canterbury in Blesensis and Iohannes Sarisburiensis who lost nothing by it which is his scoffe but had compassion vpon the poorer Clergie spoiled by the Sacrilegious dispensations of the Pope which in this Argument are by P. Blesensis and Iohannes Sarisburiensis specified and refuted The Epistle of P. Blesensis was more worthy to be read then to haue bene quoted out of Bochellus at the second hand There were Infeodations from Churchmen P. 128. therefore no such opinion Animad 73 The Bishops and Religious that let Infeodations De potest Reg. Pap. c. 2. ad Arg. 38. 22. q. 57. Art 3. in Corp. In quest citat M. 8. Art 1. are iustly to blame although they let not Ius perceptionis which is annexum Spirituali but ipsâ—s fructus as Iohannes de Parisiis doeth distinguish and Aquinas and Alensis because the true end was diuerted the maintenance of the Clergie though they reserued the right for in their right the Fiefe might duely demand them Whereby they might saue themselues from committing Sacriledge Though their opinion was the right of Tything did belong to the Clergie De Iure Diuino Yet euen their Acts were annullate as besides the Authours cited Alex. 3. in Concil Turonensi Anno 1163. In Neubrig l. 2. c. 5. §. Quamuis Nimis where the action is censured and the Authors degraded doth testifie And next by the way hee obtrudeth his new improbable errour of Tythes by their first creation infeodate to Laymen but it seemeth now hee would interprete himselfe that he meaneth not Church Tythes but such as Rents charge vpon land vnder pretence whereof hee will presuppose that they would shift paying of Tythes to the Church because they would not pay double Tythes Animad 74 A strange coniecture whereby the Infeodators are supposed Sacrilegiously fraudulent and the Church men so seely as hauing lawes both Ecclesiasticall and Secular to abett them would admit of such simple excuses and neuer complaine in those former times that their redresse might haue been recorded Let him shew the vse and then let him vrge it Concerning an example
whence the Tithes arise were in Lay mens hands And the command is Vt persoluant Ecclesiis quibus debentur That they pay them to the Churches to whom they are due Parochiall right and practise therefore was before P. 145. But the Councell of Tribur cap. 15. saith Vbi quis Decimas persoluebat viuus ibi sepeliatur mortuus as if euery man by the choice of the place of his deuotion in paying his Tithes might make it his Parish Animad 7 But this sence is extorted for that the Councell speaking of the buriall of the dead first wisheth the buriall to be in the Cathedrall Church but if distance or time will not suffer then in some Monasterie Quod si hoc ineptum difficile aestimatur vbi Decimam persoluebat vinus sepeliatur mortuus But if this shall bee accounted vnfit and difficult let him bee buried there where hee payed his Tithes that is in his owne Church which the opposition to Monasteries and the Cathedrall Church in that Canon whether most Tithing was diuerted will enforce especially the Lawe being that to his own Baptismall Church he should pay them Animad 8 The doubt of Gregorie or Alexander the third concerning the question whether intuitu Territorij or obtentu personarum praediall Tythes should be paid is not out of doubt of Parochiall right which they acknowledged but to which Parish the right did belong To one or other by Parochiall right Tythes must be paide but to which they could not determine So that by this Parochiall right is confirmed and presupposed though the case bee not adiudged neither doeth it follow as hee would haue it because there were such controuersies Parochiall right was not established no not in opinion whereas the opinion of the right causeth the question the one and the other crauing by that right The case of the Monkes of Boxley P. 146. Extr. de Decimis c. Commissum wherein the reason to mooue them to pay Tythes to the Parish Church is Quoniam priusquam in eadem Ecclesia morarentur solebant persolui For because before they resided in that Parish they were paid vsually which reason though in particular was necessarie for the case because they by the exemption which then was onely De Noualibus whereof before nothing was paide would haue defrauded them De ipsis cultis as the words are which priusquam in eadem Ecclesia morarentur were vsually paid as in all other places This particular claime then cannot infringe Parochiall right but plainely inferre it But yet euen after this Lateran Councell 1215. P. 147. although Pope Innocent the fourth and Hostiensis tooke Parochiall right as clearely established yet vntill the Councell at Lyons vnder Gregorie the tenth 1274. There was no certainetie for then saith Randall Higden and Henry Knighton and Thomas of Walsingham it was constituted vt nulli hominum deinceps liceat Decimas suas ad libitum vt antea vbi vellet assignare sed matrici Ecclesiae omnes Decimas persoluerent That it shal be lawfull for no man hencefoorth to assigne his Tythes as heretofore hee listed where hee would but that they pay all Tythes to the mother Church Animad 10 But this constitution was that such gifts should henceforth no not with the consent of the Bishop bee made which though for his purpose he would now haue it was not in the Councell of Lateran before forbidden For there Can. 62. it is onely said In Lateranensi Concilio noscitur fuisse prohibitum ne quilibet regularis Ecclesias seu Decimas sine consensu Episcoporum de manu praesumant suscipere Laicali Nos autem id fortius inhibentes transgressores condigna curabimus animaduersione puniri It is euident that in the Lateran Councell it was forbidden that no Monke dare receiue Churches and Tythes from Lay men without consent of the Bishops which we more firmely forbid and will more strictly take order for the punishment of the offenders But in that Councell at Lyons the Pope reserued all to himselfe and outed others Caxton his interpretation of Higden maketh it plaine And after that time no man shall haue leaue to assigne his Tything as hee did before at his owne will but all Tythings shall be paide to the mother Church And the very wordes expresse the meaning Nulli hominum not Laicorum onely but euen Episcoporum also plainely to exclude both Laie and Bishop himselfe onely being excepted who might dispense with his owne act and so the Monkes are to bee vnderstood P. 148. And further hee telleth vs of the practise in the Diocesse of Palentia vntill 1322. which was that euery man wheresoeuer hee dwelt yet might declare himselfe of what Parish hee would bee and to that Parish onely giue his Tythes which hee sayeth was remedied by a Councell then at Villadolid Animad 11 But hee that shall reade that Canon might obserue that the reason of such abuse was for that there as yet was no limitation of Parishes so that each man by receiuing the communion at Easter or as he list might to any Church conuey his reall and personall Tythes and other Parish duties To remedie which disorder this Legate inioyned within the space of a yeere the limitation of Parishes by the Bishops or their Deputies that so each Parishioner may know his owne Parish and thereto both repaire and pay his duties This câ—stome therefore cannot countenance the intention of the Author in countreys where the limits of Parishes are certaine as if therin men at any time might voluntarily diuert their Tythes lawfully to another Parish as herein England by the next immediate quotation before hee would inferre So that herein is his fraud to relate the Custome but conceale the Cause The whole Canon is long or else it had beene worthy to haue beene recited but it is extant in Bâ—nnius Concil Tom. 3. part 2. pag. 1537. whither I referre the diligent Reader In the next Section Pag. 1â—0 the opinions are produced of the last 400. yeeres In which he hath a commendable resolution NB. That how euer very many other quaestions about the duetie of them are vsually disputed yet resolue but this by what Immediat Law Tythes are payable and most of the rest that follow about customes appropriations exemptions and such more will soone haue little doubt The opinion of the Canonists that they are due The Canonists opinion quoad quotam De iure Diuino is related who yet allow the right of former Tythes Canonically setled by Consecrations Appropriations and Exemptions for to those they require Pontificiall confirmations or prescription They acknowledge the Popes power in disposing them they agree that all praediall or mixt Tythes are due parochially but for personall some doubt for the whole Tenth or value They admit no Customes and indeede no reason is saith the Authour NB. and truely that custome should take away what God had immediatly and by his Morall Law established The
Bellarmine quoteth the phrase Quadragesima diuinitus constituta denoting onely the Ecclesiasticke commandement of Lent Animad 15 But that Maior or Bellarmine should thinke out of this phrase Lent to be but an Ecclesiastick commandement vpon example sure is very strange since Bellarmine out of the same phrase of the same Father doth hold it Apostolical or instituted by Christ De verbo Dei scripto lib. 4. cap. 9. § tertia reg but contâ—adiction is not strange with Bellarmine if it may auaile him Vide etiam Tom 3. de bonis oper in partic lib. 2. cap. 14. § Adde quod non Thirdly that Ius Diuinum in the quaestion of Tythes Pag. 161. is to bee interpreted Ius Ecclesiasticum and so hee would interprete the Fathers Animad 16 But what if Ius Diuinum when it is opposed Humano were so what can Deus praecepit God commanded bee so vnderstood or Deus ordinauit God hath ordained c. But yet let vs obserue his quotations In a Iudgement Tit. de praescrip Cap. 6. ad Aures There in a case betweene two Parsons the one claiming by parochiall Right the other by praescription Tythes in another Parish the Pope approouing the Title of prescription saith de Iure diuino humano melior est conditio possidentis both by the Law diuine and humane hee that is in possession is in better case Now there Iure diuino can signifie no other but humane Church Law Animad 17 What humane and yet distinguished from humane But else saith he what hath the praescription of 40. yeeres of primer possession to doe with the direction of Diuine Morall Law Yet why may not that haue to doe heerewith ratione scandali for offence sake which by the direction of the Morall Law we must auoyd And although he admitted praescription in Parochiall possession must it therefore not bee true that his opinion was of a Diuine right for the Clergie in generall if he had admitted praescription against the Clergie then it might haue beene doubted but this case is otherwise The next quotation is of Alexander Alensis P. 162. Part. 3. q. 51. m. 5. The words are Decima sicut Domini generalis census is payable iure Diuino Animad 18 That indeed is the sence but the words are authoritate Diuina which alters his phrase But hee there speaking of Decimae quo ad indeterminatam quantitatem as euery man that hath vnderstanding may obserue cannot helpe the Authour His words are these Dicendum quod Ecclesia non percipit Decimas sicut communem prouentum immo sicut censum Domini generalis authoritate Diuina ideo ab omni conditione debito est liberum stipendium Decimarum I conclude that the Church doeth not receiue Tithes as a common profit but as the reuenue of the vniuersall Lord by Diuine authoritie and therefore the stipend of Tithes is free from all condition of debt Now whether out of this his intention may bee inferred I appeale to his better thoughts adding this that M. 6. Art 9. hee saith De iure Canonico Diuino est quod Decimae soluuntur Tithes are paied both by the Canonicall and Diuine right or Law where Canonicall is distinguished from Diuine P. 162. The third quotation is out of Innocent the third And this is the olde Schoole obiection and the late Iesuites argument Animad 19 For the better vnderstanding whereof to his obiection haue patience to consider the Canon which is in Concil Lateran sub Innocent 3. c. 5â— In aliquibus regâ—onibus quaedam permixtae sunt gentes quae secundùm suos ritus Decimas de more non soluunt quamuis censeantur nomine Christiano His nonnulli Domini praediorum ea tribuunt excolenda vt Decimis defraudantes Ecclesias maiores inde redditus assequantur Volentes igitur super his Ecclesiarum indemnitatibus prouidere Statuimus vt ipsi Domini talibus personis taliter sua praedia excolenda committant quod absque contradictione Decimas Ecclesiis cum integritate persoluant ad id si necesse fuerit per censuram Ecclesiasticam compellantur Illae quippe Decimae necessariò sunt soluendae quae debentur ex lege Diuina vel consuetudine loci approbata In some countreys there are certaine people mingled who according to their customes pay not Tithes fashionably although they are named Christians To such some Landlords demise their lands that deceiuing the Church of Tithes they may receiue the greater rents Willing therefore to prouide for the Churches that they bee not damnified We ordeine that such Landlords doe demise their lands to such Tenants that without contradiction will fully pay Tithes to the Church and to that if need be they may be compelled by excommunication For those Tithes are necessarily to be payed which are due by the Law of God or the approoued custome of the place The last sentence is the Quaestion The Canonists they indeed are mistaken in referring the word Lege Diuina to Praediall Tithes due by the Law of God and vel loci consuetudine approbata to personall Tithes since it would crosse their owne opinion and yet not agree with the case which is onely of praediall as the wordes manifest And the Authour also is not in the right let others iudge when hee saith cleerely the English of that was Those are necessarily to bee paide which are due Lege diuina that is by the positiue law of the Church which extendeth not alwayes vniuersally or custome of the place Heerein I agree as hee in his interpretation not to suppose in those wordes a distinction of Tythes but Lawes which I gather from the word necessario soluendae implying force of lawes And if it had beene a distinctinon of Tythes it should haue beene Approbatae not agreeing with consuetudine but Decimae And therefore I so English it Those Tythes are to bee paide which are due Ex lege Diuina by the law of God which must binde Christians vel loci consuetudine approbata or the allowable custome of the place which must constraine all people liuing in that place euen contra Ritus suos against their forraine customes which they pretended to pay Tythes And by this interpretation lege diuina cannot signifie Ecclesiastick constitution but diuine right nor Innocentius bee an Authour of the duenesse of Tythes De iure positiuo before Alexander de Ales. Which also might bee gathered by his slighting euen their Christianitie for such rites and customes Although they bee named Christians as if scarse worthy they were of the Name but his inferring personall Tythes to bee due by the Law of God Decret Epist lib. 2. pag. 544. which is related De Decimis c. Tua Nobis putteth it out of all doubt vide Catalogum P. 163. Erudit Theol. de Sacram. l. 1. par 11. cap. 4. Neither Hugo de Sancto Victore whom next hee would make an Authour doeth defend the positiue right and not a Diuine The wordes cited
quotidianis ac Decimis fidelium suscipiunt curam gregis Domini deponunt They Tythe but teach not Here therefore was Tything not long after S. Augustines time Pag. 276. But from this Tale of S. Augustines he proceedes to other practise In S. Cadoes life in S. Augustines time where it is said Qui decimauerit debet diuidere in tres partes primam dabit confessori secundam Altari tertiam orantibus pro eo Then of Bishop Eadbert his giuing a Tenth to the poore out of Beda lib. 4. cap. 29. Pag. 277. Then of the Councell at Celichyth where the Tenth of the Estate of euery Bishop dying was commanded to be giuen to the poore Pag. 278. After by King Knouts Epistle a generall payment seemes to be supposed Yet in Edward the Confessors time the common practise is confessed to be disused by the instinct of the deuill Pag. 279. though he cauill at this Addition to the Law Yet that in his time Tithes were annexed to the Church appeareth in his charter confirming the gift of the Mannor of Leuesham c. to the Church of St. Peter of Gant sita in Monte Blandinio Ex Registro Episcopi Roffens Hâ—e saith cum Ecclesiis Caemiterijs Decimis c. Howsoeuer in the Conquerours time there was saith he a great disuse nay no due which he would prooue because in Domâ—sday Booke there being often remembred Ibi Ecclesia Presbyter and his Hides of land numbred and in some places Decima named and the places from whence that now heere but where Tythes are named with Churches they were neither due nor paid Animad 4 Which how it can agree with the practise confessed in Canutus time let the Reader iudge But for answere since the Lawes and Constitutions of England before the Conquerours time were so many and with such censures and penalties the descriptions of Domesday Booke in omitting somewhere and somewhere not should bee no argument of Tythes not being due or not paid but onely of the diligence or opinions of the seuerall Inquisitours in the seuerall Counties some thinking the Tythes to bee inquirable and some not for in all places euen the Churches are not specified though we may well praesuppose them to haue beene But that they were annext to Churches then The iudgement in William Rufus his time cited by him pag. 416. may shew namely That there should be restored vpon the iudgement for the Abbey of Fischamp whatsoeuer post mortem Regis after the death of the King was due in Decimis Sepulturis Offrendis in Tythes and Burials and Offerings heere Tythes are specified though not in Domesday booke Many chartularies of that time remember Tythes which are not in Domâ—sday booke Videsis Chartular Ecclesiae Cantuariens per Thomam Spot siue Sprot citata pag. 321. deinceps But the practise both before and after might declare it Pag. 282. Since in the next place he remembreth how immediatly after the Conquest were both Appropriations Ecclesiaecum Decimis The claime of Tythes in the time of Henry the first calling it Prouinciae consuetudo the custome of the Countrey The manner of paying about Abingdon aut vt Lege praecipitur either as by Law it is commanded or 40. sheafes de Hidagio Addit ad Conc. â—ater p 4â—4 Pag. 283. Extr. de Decim cap. 5. peruenit Inc. commissum est In Addit Conc. Lat. p. 48. c. 1. as in the Chartularie of Abingdon That it was called by Alexander 3. Generalis Ecclesiae Anglicanae Institutio the generall vse of the Church of England That the phrase was heere Decimas Parochiani consueuerunt Ecclesiis persoluere laudabilis consuetudo The Parishioners vsed to pay to the Church it is a laudable custome That Parochiall payment was a knowne right as Adrian 4. That Tythes de Iure communi pertinent ad Ecclesiam of common right belong vnto the Church by Pope Honorius Legate Anno 1220. Animad 5 Yet for all these most plaine and euident proofes so studiously and pertinently collected yet conclude not saith he for practise Then out of what premisses may wee draw a conclusion if from generall custome wee may not draw practise But we must expect the obseruation of the Examples in the next chapter where wee shall finde nothing to crosse this but onely a Collection of grants made by the consents of Bishops who Canonically might agree to the breach of this common custome by a speciall Translation to one Monasterie or other Pag. 284. He obiecteth euen in the eleuenth of Henry the third That the King makes a speciall grant of Tythes of Hay and Milles to bee payed out of his Demesnes which therefore it seemes before were not Animad 6 Yet before they were due nay paid though discontinued which the words of Alexander 3. in his Canon Extr. tit de Decimis c. 5. pernenit in the next page before by himselfe alledged may inferre which are Decimas bonorum suorum consueuerunt Ecclesiis quibus debentur cum integritate persoluere nunc tam laudabili consuetudine praetermissa quidam ex ijs de Lana de Foeno de prouentibus Molendinorum Piscariarum Decimas ipsis Ecclesiis subtrahere non verentur They were wont fully to pay the Tithes of their goods to the Churches to which they were due Now this laudable custome being omitted some of them dare withhold their Tithes of Wooll and Hay of profit of Mills and Fishing from their Churches This Canon if not some priuate exhortation by a succeeding Pope might occasion that Grant by that King since this was directed to the Archbishop of Canterbury and his Suffragans that is to himselfe and the Bishops of his Prouince P. 283. though our Author fraudulently interprete it Diocesse thereby to restraine the generalitie of the laudable Custome as contrariwise pag. 290. in an Epistle of Innocent the third he interpreteth Diocesse by Prouince to dilate the abusiue practise of a few The King therefore being in the Prouince might be as some others defectiue heerein and so in his Demesnes such payment was onely discontinued though before they were payed And the petition in Parliament by the Parson of Gillingham against the King for Tithe of Hay in Forrests in the 6. Edward 1. cited by him after may well inferre it where he claimeth the payment of Tithe Hay by Debentur iure communi as due of common Right and no speciall Grant euen of the King But after this P. 288. the Authour acknowledgeth the common practise and Right where some Statute had not made a discharge or praescription or custome had not setled a Modus decimandi Hee further enquires when this Parochiall right began perswading himselfe that it was not vntill after the Councell of Lyons vnder Gregory the tenth by the authoritie of the three Monkes cited and answered before Ad pag. 147. and by the saying of the Common Lawyers That vntill the Councell of Lateran
each man might pay his Tithes whither he would P. 292. And therefore after Pag. 289. he would interprete those manifold testimonies of generall Customes to be concerning Lawes not practise But all is to make way for his Arbitrary consecrations all which in their true sence shall be granted him and the Parochiall right not at the alone will of the Patron or Parishioners shall appeare to haue bene disturbed P. 290. Epist Decret lib. 2. p. 452. Innocent the third his Decretall Epistle is cited to shew the vse of many qui Decimas pro sua voluntate distribuunt who dispose of Tithes as they list And this he would pretend to haue bene generall and not to haue beene done by the wayward opposition of some onely against the receiued and allowed Lawes of this Kingdome Animad 7 But this was the fact of wayward and peruerse men who crossed the Ecclesiasticall and Common law which did not then allow such voluntary distribution which he saith was clearely good but such were thought clearely Irritae Voyd if from the Lay Patron alone without consent both of Ordinary and Incumbent if the Church were full And that they were so froward may appeare by the Notice the Pope tooke of them Peruenit ad audientiam nostram by the Reason he made against them Inconueniens à ratione dissimile est It is vnfit and vnreasonable that hee that soweth Spirituall things should not reape carnall things by the Order hee tooke for them vpon contumacie that censure should bee inflicted and that the Archbishop should ordinare quod Canonicum ordeine what was agreeable to the Canons which were the Lawes of Tithes notwithstanding any Custome against that which was Canonicum As for his dreame rather then opinion of Rentz-charge in Tithes conueyed to Monasteries about that time hee can neuer prooue Animad 8 But for satisfaction to our Authour who in all the remainder of this Chapter would make the saying of the Lawyers to haue reference onely to the Councell of Lateran vnder Innocent the third Anno 1215. or to that Decretall Epistle before about that time Vntill when say they men might giue their Tithes to what Parish or Monastery they would Let him consider that if Tithes so giuen to Monasteries were reclaimed by demaund by authoritie of a Councell at Lateran before that Councell then that Councell cannot bee meant by the Lawyers if they speake true But that so it was is manifest for amongst the Muniments of the Church of Rochester there is an agreement vnder seale both on the Monkes and Bishops part betweene Gilâ—ert Glanuill Bishop of Rochester and the Priour and Couent there after a long suit in the Court of Rome vpon certaine demaunds on each part whereof one for the Bishop is thus Tertio mouâ—muâ— ijs quaestionem Chart. Roffens Ecclesiae de Decimis quam suis quam alijs pensionibus quas de Ecclesiis in Episcopatu Roffensi constitutis contra Concilium Lateranense citra authoritatem Episcopalem percipere non verentur Thirdly wee questioned them for Tythes both their owne and others and for pensions which they presume to receiue of the Churches in the Diocesse of Rochester contrarie to the Councell of Lateran and without the Bishops authoritie This Record is without Date yet this Bishop euen dyed before that Councell 1215. And yet after this Agreement confirmed all the Tythes in particular collated by Gundulphus and his successours to that Monasterie and did many Acts of fauour Tythes therefore before that Councell reclaimed and by the authoritie of a former Councell at Lateran both which doe crosse his surmise of the Lawyers sense which better may be referred to that vnder Alexander the third and so bee vnderstood of Feodall Tythes and agree with the speach of Lindwood cited pag. 293. Tit. de locat conduct c. liceâ— V. portiones Ante illud Concilium bene potuerunt Laici Decimas in feudum retinere eas alteri Ecclesiae vel Monasterio dare non tamen post tempus dicti Concilij Before that Councell vnder Alexander the third Lay men might well retaine Feodall Tythes and giue them to another Church or Monasterie but not after the time of that Councell And with this my Obseruation I passe to his next Chapter ANIMADVERSIONS on the eleuenth Chapter THe former part of this Chapter is a collection out of select Chartularies of diuers Monasteries concerning the conueyances by Lay Patrons of portions of Tythes to seuerall religious houses Whereby his intention is to prooue In some how they did passe Tythes newly created In other how they did consecrate without consent of the Bishop In all how Lay Patrons did intermeddle in the disposition of Tythes as of other inheritance for obserue the Title or summarie of this Chapter Arbitrarie consecrations of Tythes by conueyance from the owner of all or part to any Church or Monasterie at his pleasure In examples selected out of monuments of infallible credit Animad 1 In particular to examine all were needlesse and for me inconuenient who must gesse at what I haue not seene Yet for generall answeres let the Reader obserue these 1. That the right of the Patron to giue consent by Charter to the passing away of Tythes both his owne and Tenants in part and all and to diuide them from the Church of his foundation is not denied and is prooued by all those Chartularies The question therefore is not whether the Patron did it but whether hee alone did fully and lawfully without farther consent and confirmation giue interest sufficient to the possession 2. Secular and Ecclesiasticall Lawes had commanded the payment of Tythes The custome of payment was generall How then was there any newly created Tythes not due not paid before though it might bee through disusance or vsurpation detained or by composition nomine decimae altered 3. No Religious house nor Churchman durst receiue any Tythes of a Lay-man without consent of the Bishop for the Donationes were Irritae and themselues censured Pag. 375. Reade his owne quotations of the Nationall Councell at Westminster vnder Anselme ann 3. Henrici 1. and of another vnder Cardinall Iohn de Crema ann 25. Henrici 1. To which adde another Ex continuat Florentij Wigor ad ann 1129. vnder William the Archbishop anno 1129. Vt nulla persona Ecclesias vel Decimas seu quaelibet alia Ecclesiastica Beneficia det vel accipiat sine consensu authoritate Episcopali Canonica authoritate vetamus We forbid by Canonicall authoritie that no person without consent and authoritie of the Bishop receiue or giue Churches or Tythes or other Church Benefices To omit the many Epistles of Paschalis 2. So then Apud Anselm lib. 3. Epist no receiuing without consent therefore no giuing 4. The phrases of many of the Charters proposed are De omnibus vnde Decimae dantur Of all whereof Tythes are giuen Quae Parochiani debent reddere suae matri
ANIMADVERSIONS vpon M. Seldens HISTORY OF TITHES AND HIS REVIEW THEREOF Before which in lieu of the two first Chapters purposely pretermitted is premised a Catalogue of seuenty two Authours before the yeere 1215. Maintaining the Ius diuinum of Tythes or more to be payd to the Priesthood vnder the Gospell By RICHARD TILLESLEY Doctor in Diuinity and Archdeacon of Rochester Fratres non video qua fronte illi non offerimus Decimum à quo accepimus totum Caesar Arelat hom 14. LONDON Printed by IOHN BILL M.DC.XIX TO THE MOST HIGH AND MIGHTY PRINCE IAMES BY THE GRACE OF GOD King of Great Britaine France and Ireland Defender of the Faith c. IF the duty of a Subiect and seruant were not a most sufficient reason to consecrate all labours endeauors to the honor and protection of his Lord and Master yet to whom are Animaduersions more proper then to the Magistrate Or to whom should the defence of the doctrine of Tythes be dedicated but to the Defendour of the Faith All these rights in your sacred Maiesty are supreme and therefore haue emboldened me your poore vnworthy yet faithful subiect and seruant to implore your sacred patronage of these animaduersions on the History of Tythes that so the defence of faith may extend it selfe to the maintenance of the preachers of the faith and the temporall food of their bodies may be established by diuine and humane autority who prepare the spirituall foode of soules But more especially that pious deuotion and zealous affection wherewith your gracious Maiesty embraceth and vpholdeth the Ancient doctrine and discipline of the true primitiue Church to whom Beda in ho. Infra Octau Ascens perfectum est vitae magisterium Ecclesiae primitiuae actus imitari The imitation of Reuerend and sound antiquity is the perfect schole of faith and life by which patterne your sacred pen and sword hath suppressed all schismaticall and turbulent paritie and confounded all Jdolatrous superstition and treasonable practises This is that which hath most encouraged me Conc. Carthag 5. c. 9. passim in Concil postulare ab Imperatore defensorem to implore your Royall and religious patronage who are the aduocate and nursing father of Gods portion the Church and of the Churches portion that is Tythes due to God himselfe in acknowledgement of his supreame right and dominion and giuen by God himselfe to them that serue at his Altar And so much the rather for that Kings as they are in their power the Image of God August in qu. ex V. Test c. 106. who sayd The Tythe is mine Leu. 27.30 1. Sam. 8. v. 15.17 so in the right of their sustentation haue the proportion of God Tenths which quantity in Tribute was so vsuall amongst the Grecians Hesychius in Verb 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to tithe and pay Tribute were as properly Synonymaes as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to tythe and consecrate So that to assume the protection of Gods challenged Tenth assigned to his ministers is indeed to strengthen the reason of that right of Tribute allowed to your selfe And surely this number Tenth or Tithe is sacred and very mysticall and communicated onely to sacred and consecrated persons that are Gods Vicars vpon Earth that is Kings and Priests decima Regis decima Sacerdotis who both stand in Gods place and receiue this portion as Gods vpon earth and this number is so acceptable and familiar to God Lib. de congress quaerēd eruditionis causa as Philo speakes that it doth properly belong to him and by his assignement to those who resemble him It was the saying of an Ancient in S. Augustine Epist 20. Quibus satis persuasum esset vt nihil mallent se esse quam viros bonos his reliquam facilem esse doctrinam To those who only indeuour to be good men all other instruction is easie and among them this doctrine of Tithes need no enforcement nor defender But couetousnesse hath so blinded religion and custome so hardned conscience and might so abetted sacrilege that vnlesse Isidor sent lib. 3. c. 51. Quod non praeualet Sacerdos efficere per doctrinae sermonem potestas hoc imperet per disciplinae terrorem The magistrate command what the Minister cannot perswade Religion must giue way to sacrilege and Christ to Mammon Jt was the complaint of Goffridus Abbot of Vendosme to Goffridus Bishop of Chartres Lib. 2. ep 24 Quod seculares homines sua consuetudine sanctae Ecclesiae authoritatem conantur adnullare That secular men by custome would abrogate the Churches authority which is too true now And it is the Church of Englands petition to her foster-father to her Soueraigne vt reddantur quae sunt Dei Deo And since Res Ecclesiasticae quia diuini iuris sunt Iuo ep 112. in nullius bonis sunt Church-goods because Gods right are not to be accounted any mans possessions Non suntinter res mundi deputari credendae sed Dei Lib. de vita contemplat lib. 1. cap. 16 as saith Prosper Why should men who may not couet their neighbours goods couet that which is Gods and prescribe against diuine right making custome and humane practise and positiue law the basis or maior proposition of their syllogisme or conclusion which they call conscience that so they may lay sacrilegious hands vpon Gods portion that is tythes which surely must all be voyd and vniust as M. Selden ingeniously confesseth pag. 150. if tithes be due by diuine right vnto the Ministers of the Gospell Wherein although I hope the Authours harty submission hath cleered his iudgement concerning any derogation intended by him against the diuine right of Tythes yet because I am afrayd this History of Tythes hath affoorded premisses to some and to others great surmises of religious practise of sacrilege while they see and heare but examine not manifold quotations of Scriptures heathen writers Rabbines Fathers Councels Jmperiall Lawes priuate Chartularies and many vncouth and vnusuall marginall notes whereby they hope nay resolue their owne desires are vnanswerably defended Lib. 2. ad Monymum Yet I hope as Fulgentius saith of Heretikes and their Arguments Nouum non est vt Haeretici illis propositionibus se veritatem superaturos arbitrentur quibus facillime superantur so in this Historian his owne authorities being faithfully discouered do easily ouerthrow the credit of all his consequences Lib. 5. ep 6. Saint Gregory sayd to Childebert Esse Regem quia sunt alij non mirum sed esse Catholicum quod alij non merentur hoc satis Giue me leaue to applie it Your Maiestie is a great King and a mighty Monarch whom God hath crowned with many Kingdomes aboue your Ancestours and made you the vniter of Crownes and this is common to many others with your Maiesty Your Maiesty is a true Christian Catholike King Defender of
the true Ancient Catholike and Apostolike faith which is almost proper to your selfe they that boast to be called Christian Catholike may not compare with your Maiestie in this stile But J must adde another word out of the same Saint Gregory Regiam Lib. 9. ep 57 quod maioris laudis est ornatis sapientia potestatem This is your owne proper and peculiar no King can share with you in this honour you are a most learned iudicious King who with your great knowledge and admirable pen haue and doe dayly adorne your Regall power with your singular wisdome learning Rex Theologorum a King of many excellent learned Diuines and Rex Theologus a King a Diuine who are Antesignanus a leader among your great Bishops and worthy writers And which is happie for my Argument a founder a restorer an endower of Bishopricks with Tithes I beseech your sacred Maiesty let me and this poore worke of mine march vnder your Banner it will stand against all enemies if it may but carry your Maiesties name protection And so I will end with the prayer of those Fathers of the 12. Toletan Councel to God for their Prince Can. 13. Vt det amatori Christi Serenissimo Domino nostro atque amantissimo Iacobo Principi imperare clemeÌ„ter regnare foeliciter habere de clementia fructum obtinere de iustitia praemium de pietate Trophaeum quo hic inuictus victor hostiuÌ„ semper appareat post diuturna huius seculi curricula ad regnum aeternum cum suis omnibus coronandus perueniat praestante Deo Saluatore nostro Domino Iesu Christo qui cum patre sancto spiritu in Trinitate viuit regnat Deus in secula seculorum Amen Your Maiesties most humble seruant and Chaplaine RICHARD TILLESLEY To the Reader COurteous Reader M. Selden hath of late published a History of Tythes a Booke much perused for the rarenesse of the argument too much commended for the variety of the language and ouermuch admired for the diligence of Antique Collections And to this History hee hath added a Reuiew both to answer some priuate obiections against his book to offer some considerations wherby the wise charitable intention of his History might be conceiued Yet since to the generall preiudice of the Church both in profit and learning by preiudicate Readers they are magnified as if the Church heereby must be faine to leaue Gods interest and relie on mans bounty and yet such is their conceipt were not able to contradict the opposers I could not but offer these sodaine Animaduersions to thy iudicious consideration lest thou bee led by names and many strange quotations which thou hast not leasure or care to examine in the danger of thine owne soule to vndoe the mother of thy faith the Church By which Animaduersions when thou shalt obserue how affection in this cause hath misled the iudgement of this Historian in this by-Argument from his profession so that euen heerein both in the Grammar sense of wordes and phrases wherein as a Criticke he is iudged curious and in the relation of ancient authorities wherein as an Antiquary hee hath beene diligent besides the seuerals of his incoherent arguments he is with purpose to deceiue others himselfe deceiued Thou wilt not hazard thy conscience vpoÌ„ the opinions of priuate though learned men but submitting thy vnderstanding to the iudgement of Gods Church relying vpon Gods word in obedient deuotion wilt both doe and thinke as it teacheth I know the writings of vs Cleargie men vpon this Theame haue vsually preiudice with the Layety as if our motions proceeded from desiring theirs rather then them although wee neuer so much protest with Saint Augustine Non quaerimus vestras opes sed vestram iustitiâ—m Or Serm. de temp 219. In Ps 103 concion 3. de parte secunda Non ideo dico vt ista fiant in me We desire not your wealth but your righteous dealing Or I speake not this in my owne behalfe or Lib. 1. ep 36. with P. Cluniacensis Nec tam ad scribendum coegerunt lucra decimarum quam damna animarum Not so much the gaine of Tythes as the losse of soules haue enforced vs to write Yet howsoeuer that duty which we owe vnto the soules of men not to suffer the people of God to follow strange opinions which either may diuert them from the true faith or morall obedience of his word as it hath prouoked many so hath it also incited me to the refutation of this booke whereupon the Sacrilegious practise of these dayes may seeme to ground the deniall of the right of God and by such questioning of the Quota would denie the Tota Whereas indeed the Totum of what they are haue or hope for Ep. 28. might bring them to that consideration of Gerbertus Quid est quod das aut cui das nempe ex multo mâ—dicum ei qui omne quod habet gratis dedit What is that which thou giuest O man or to whom dost thou giue To wit little of much and that to him who gaue all that he had freely Chrysol ser 103. And so in expectation of a blessing For Certe si non damus si non accipimus non queramur Surely if we giue not let vs not grumble if we receiue not Let them prooue obedient sonnes for Idem serm 10. Reuera filium se nescit visceribus caret naturam negat ingratus est patri qui authorem vitae suae non obsequijs placat non deuincit cultu muneribus non honorat Hee forgets himselfe to bee a sonne is vnaffectionate vnnaturall vngratefull to his father who doth not please the Author of his life by obseruance doeth not endeare him by his seruice doth not honour him with presents And acknowledging aliquam partem offerendam esse that some part is to be offered they should rather allow Gods claim and the Churches challenge the Lawes ordinance reason and natures proportion the Type of mans duety and all this and more is true Tythes then be contentious or scrupulous vnder the patronage of such a booke which how insufficient it is to say no more I submit to thy censure and with it my selfe Yet lest any thing in the ensuing AnimaduersioÌ„s might either seem difficult or procure preiudice may it please thee to be aduertised Where in the Booke any thing is sayd to bee confessed or produced by the Author and some number of a page is added the number hath reference to his booke not to mine When thou obseruest Quotations which he citeth out of Benedictus Leuita not answered by that name but by the name of Capitulars the Fifth Sixth or Seuenth Booke Know that they are all one the three last Bookes being by him collected and the first foure by Ansegisus Which I admonish lest thou as my selfe mayest be deceiued in name with what thou knowest in substance As also that Adreualdus
de Miraculis Sancti Benedicti produced in the History of Charles Martell and Aimoynus de vita S. Abbonis Abbatis cited in the Reuiew are in Bibliotheca Floriacensi collected by Ioannes de Bosco Vitus Amerbachius his Epitome of Charles the Great his Constitutions is published after Hincmarus his Epistles by Ioannes Busaeus And that many authorities in the Catalogue after produced are out of the last Edition at Colen of the Magna Bibliotheca Veterum Patrum And that thou shouldest not lesse esteeme the cause I vndertake because I am not so farre transported with passion as to answer the Authors ill beseeming language with the like since yet in very many places hee imposeth Lazie dull Ignorance peeuish Iealousie impudent coniecturing patient idlenesse base detraction malice negligence confidence ridiculousnes grosse absurdities nothing but Title beard Habite and infinite other such scornefull attributes on all that shall oppose him as if Solus saperet caeteris volitantibus vmbris And therefore is pleased in great opinion of his owne worke to adde the exceeding commendations thereof by himselfe But it is the cause not the man whom I intend yet withall I must tell him that in no age could hee haue lesse fitly prouoked the Clergie in this cause of God then now neuer more solide Iudgement exquisite diligence various disquisition of all hidden learning He must not looke to lurke in the darkenesse of vnknowen language or priuate Chartularies or vnusuall by-named Bookes There are that can trace his footsteps and adde light to his Errors That Ignauia fallax against which his Rubrike Title Page is with his Motto of Defiance Sumsimus Arma is not so generall as hee would intend For what am I amongst the thousands of riper yeeres and abstruser knowledge and yet vpon confidence of the cause and weaknesse of his Booke haue aduentured in too short a time the Encounter of this Aduersary who for many yeeres hath vnfortunately studied and now vntimely produced this errour of his Art But since by his Submission to that Honourable Court of High Commission hee hath acknowledged his fault his person need not be opposed which I rather manifest because in many the Doctrinal consequences from his Booke haue bred Errour who haue not vnderstood that the Author of the booke hath beene sorry for the publishing of it For whose sake as I haue vndertooke the answer so for Truths sake I desire their patience ANIMADVERSIONS vpon the Preface of M. Seldens History of Tythes IF euer any Preface deserued the impatience of the greatest moderation and in scorne and selfe-loue did preiudice the Learning and Religion of an incomparable Nation what then may this Preface expect but Satyricall and furious contradiction There being no part but fraught with supercilious contempt and full of the Rhetoricke of a censorious ouerweener But wee haue not so learned Christ Iesus that being reuiled wee reuile not againe through good report and euill report in the conscience of Gods blessings we endeuour to please him who hath called vs to a profession of peace Without passion therefore I will select some passages out of his Preface and there-against oppose such Aduersaries Bernard ep 77. or Animaduersions whereby it may appeare Si verum nos sapimus quod veritas ei contradicat non nos that if my words be true he is more opposed by Trueth then by me And there I begin where the Author of the History Protests This History was not written to prooue that Tythes are not due by the Law of God Animad 1 Yet he that frames a new opinion only to crosse it Hee that strines to slight or answer all authorities that are made for it He that censures the defenders of that opinion with the title of confidence ignorance negligence boldnesse imperiousnesse and such like doth more dispute of it then becomes an vnpartiall Historian Pag. 1. Nothing that belonged to the Title is purposely omitted Animad 2 Whether any thing that belonged to the Title were purposely omitted I leaue to the iudgement of those who shall obserue in the Catalogue and in the censure seuerall pertinent confirmations of the Title De iure Diuino omitted whereof being in the same Bookes Epistles Pages he could not be ignorant vnlesse he were but Canis ad Nilum and no constant peruser No peece of it is stolne from any other mans notes Animad 3 Whether any of it were I striue not to enquire neither if it were should I insult vpon it especially if the ingenaous Writer would acknowledge by whom he profited Benignum etenim est plenum ingenui pudoris fareri per quos profeceris Ad Vespasian saith Pliny whereas Reprehensione dignum esset maiorum tacere nomina corum sibi appropriare ingenia He were worthy reproofe who concealeth the name and doth arrogate to himselfe the inuention of the ancient Yet in his Epistle Dedicatory a great part of it is confessed to be sent him by anothers able Direction so that he restores rather then giues it he borrowed helpe and doth offer onely whatsoeuer is in this of his owne also They are his words He intended not to teach any innouation by an imperfect patterne had from the musty reliques of former time Pag. 2. Animad 4 I well beleeue he entended not to teach any innouation euen by the perfectest patterne he might haue from the mustie Reliques for so hee calls the olde writings of former time which if he had performed it might haue much aduantaged the Church whom new Customes haue much impayred His booke hath beene approoued by the censures of such as are of the choicest learning ablest iudgement and truely Decumatissimi aswell in worth as Title Animad 5 This I will neuer be perswaded of any that hath examined the quotations and throughly perused the work wherin such falsities iniurious censures of writers contradictions and many other impertinences are too frequent So that no ingenuous and learned Reader but will be backeward to allow this for trueth which is onely a compacture out of the abuses and disobedience of religion and lawfull gouernment Nimis peruerse se amat August ep 7. qui alios vult errare vt error suus lateat He accuseth all writers of this Argument Pag. 4. of negligence and ignorance in taking one from another and not relating towards what is fit to bee knowne touching the payment of the Hebrewes c. Animad 6 How deseruedly he accuseth them of negligence or ignorance who vndertaking to shew the History of Tythes which none doe of purpose but to inferre the right haue not so largely related so much of the payment of the Iews practise of the Gentiles of former Christians of the humane positiue lawes of the various opinions of past ages besides the course of setling Tythes in Monasteries c. by appropriations or consecrations or the originall of infeodations or concerning exemptions for mine owne part I know not yet I am perswaded
that they wrot though not all yet what was sufficient to the coÌ„clusion they intended Why might not the practise of the Iewes be rather presupposed then particularized and only by the passages of Scripture and authorities of the ancient commoner Authors bee pointed at then bee expected from euery Writer who either hath not the meanes to come by the bookes or the skill readily to vnderstand the language especially of the latter barbarous Rabbins If the only practise of the Iewes not supposing the ground of diuine precept might inforce the continuance amongst vs then more paines in these Rabbines had beene necessary But when the precept alone being prooued to belong to vs can command obedience without their practise Then for to spend good time onely for ostentation of learning in perusing and quoting Rabbins had beene needlesse I could only wish that the abundant maintenance of the Iewish Priesthood might but procure for the Euangelicall Priesthood euen that lesser and rightfull portion of Tythes wherwith it would be contented Yet heerein from more skilfull Hebricians the Authour must be aduertised that his Rabbine quotations are not all true and few of them of his owne obseruation As for the practise of the Gentiles who haue not pointed at enow authorities to free them from negligence and ignorance although each good Writer hath not alike leasure from his profession or delight in such studies Though herein the Authors diligence is commendable in the third Chapter By which the progresse of that naturall praecept though depraued in the Idolatrous vse doth appeare and Idolatrie is the Ape of Religion Whereout if these conclusions might be inferred that therefore the consecration of a Tenth part to God was naturall and that herein the Gentiles not hauing the law Rom. 2. and doing by nature the things contained in the law shâ—w the worke of the law written in their hearts This were a pertinent consideration for why should they consecrate rather that part then another vnlesse as Hugo de S. Victore speaketh Erudit Theolog. lib. 1. p. 11. cap. 4. They had beene taught and instructed by God Vnde enim homo rerum suarum decimam potius quam nonam vel octauam vel aliam quamque partem offerendam esse scire potuisset nisi à Deo doctus fuisset are his words to that sense fully Concerning the practise of former Christians those few whom I haue read point at some though not at all as neither the Author doth which if these daies would follow as there were no generall Councels before Agobardus time concerning them Nulla enim compulit necessisitas feruente vbique religiosa deuotione amore illustrandi Ecclesias vltro aestuante There was no necessitie the Religious deuotion of all euery where and the desire of bettering the Churches freely abounding So no Controuersie or such Historie would be needfull As for Humane positiue lawes some out of opinion that they binde not conscience othâ—â— out of consideration that the knowledge of the Secular lawes pertaine to other professions others seeing no regard to the most ancient of them in the present practise haue perchance if knowen them omitted them and deserue not therefore such împutations of ignorance and negligence The various opinions of past ages are in generall by some disciphered though the authorities of the erroneous part be not so at large expressed and inclined vnto as by the Authour yet their reasons are iudiciously answered neither with negligence nor ignorance That none haue so variously shewed the setling of Tythes in Monasteries Corporations Colledges I thinke was out of a dislike of them not meaning to iustifie but oppose either the appropriations or as Master Selden cals them Consecrations of Tythes to such places and not so much out of negligence or ignorance Though concerning Colledges there is great difference they being the Seminaries of the Clergie and for the most part must consist of such men in Orders as also the Spirituall Corporations of Bishops and Cathedrall Churches doe Those which he cals Fables concerning the Original of infeodations shall for the substance be prooued truthes especially in the Historie of Charles Martell Of exemptions none can speake well that consider the true right But if any therein haue distinguished the Hospitalers and those Knights of Saint Iohns in Ierusalem or about exemptions haue committed other most grosse and ridiculous absurdities so eager and bitter it pleased our Historian to be yet some of his owne slippes with more gentle language manifested may for hereafter temper his stile since he is a man and may erre but that any writers haue so erred is more then I know Page 5. It is a common but most deceiuing Argument affirmatiuely to conclude fact or practise of Tything from what they see ordained by an old Canon of the Church Animad 7 If any haue vsed that Argument in inferring the practise from the Caâ—on and that supposing or expressing the dutie of the Law of God he might well doe it or else suppose an irreligious practise to be generally embraced The examples opposed of Reparations of Churches Testaments of the Clergie are of things meerely Ecclesiasticall not Diuine as Tythes are In which Tythes if the Laitie haue made alteration from the Canon it was because as Alcuin speaketh In Epistola ad Carolum Magnum citat p. 70. Auara mens hominum decimarum largitati non consentit out of couetousnesse which yet for auoiding a publike scandall hath beene tolerated in practise to the preiudice and at the perill of their soules who knowing the truth yet would iustifie their actions from custome What therefore Nationall customes haue impaired in this right of Tything might well haue beene omitted by the honest Writer who in charity hoped each mans practise would haue answered the precept of God published by the Church The inference therefore of practise from such Canons is fit in charitie though not certaine to experience since the Canons for Tything are not in respect to inferre practise like the law of Plato or of Lâ—cians men in the Moone or of Aristophanes citie of Cuckoes in the clouds as he I may say prophanely makes the comparison But such which require obedience of necessitie vpon the fearefull perill of Canonicall censure which is confirmed in heauen But sure such an Argument is more reasonable and lesse Sophisticall then against Canons from concealment or ignorance of whole euidence to inferre a negatiue practise clearely allowed Pag. 8. Concerning tythes in London The Tythes of houses in London no otherwise haue place here then as they occurre in the Actes of Parliament vnder H. 8. The 52. farthings paide on Sundaies the offrings paid on great Festiuall daies could not properly be reputed among Tithes neither in regard of their value for they came to much more nor in respect of their nature Animad 8 Although the Tything in London be not properly a Tythe yet sure it is Nomine Decimae which is all
out of euery noble rent began to be payd I know not and because Lindwood doth not remember it I suppose it not to be so ancient though the proportion bee greater then now is practised But the deuise reprehendeth the taking Casualties of Burials Christnings and VVeddings c. Which if they had their true Tythe they would according to the old Canons forgoe Yet now if they had not such helpes their infinite paines and care would haue the poorest reward and the greatest quantity both of persons and estate must want the greatest blessing of discreet and learned instruction and pious peaceable deuotion which without a sufficient and regular proportion of meanes will neuer be encouraged to be fitted for and fastned to such populous congregations But the Clergie of London are better able to plead their owne cause hauing more experience and euidence then my few yeeres and bookes can affoord Pag. 11. The testimonies were chosen by waight not number not tooke vp at second hand Animad 10 How his testimonies were chosen by waight not by number shall seuerally be examined And whether he tooke them vp at second hand or no is not materiall to me if they prooue true though it deserue commendations for his diligence if hee did not It is his happinesse that he had the fountaines the ancient Historians for his quotations and therein I will trust vpon his relation and he shall perceiue by what I write Leo serm 5. de Collectis Apud nos authoritatem patrum viuere eorumque doctrinam in nostra obedientia permanere That the authority and doctrine of the Fathers and antiquity is obeyed and reuerenced by mee Yet not contemning the later writers whose iudgement I shall preferre before his which by his leaue in this argument shall gaine no strength of truth in me Pag. 11. from his name alone which I wonder hee should thinke of but only from those authorities which hee hath designed truely and pertinently out of seuerall olde writings I neuer was so farre engaged in this Pag. 12. to torture my brains or venter my credit to make or create premisses for a chosen conclusion that I rather would then could prooue Animad 11 I am sorry in this disquisition of Truth which though he sought I am sure he found not on that part to which hee inclineth his protestation should not deserue more credit especially in that part where hee sayth that hee did not make or create premisses for a chosen conclusion which he rather would then could prooue And that his premisses made what conclusions or coniectures he hath and were not bred by them Against which againe I oppose this protestation that whereas hee hath proposed to himselfe the conclusion That arbitrary consecrations were an originall right of the duty of Tiths and in that consideration would binde mens conscience to abstaine from profaning them August ep 28. and Licet nemo faciat optando vt verum sit quod verum non est tamen si fieri posset optaret vt haec sententia vera esset as S. Augustine speakes of a truer opinion Although none by wishing can make that true which is not yet if it could be he would wish that opiniō to be true yet that by no waighty or substantiall authority for the premisse he hath prooued at any time in Christianity a lawfull right of detayning Tythes before the duenesse of paying or an Arbitrary free disposing thereof Canonically euen in the Translation to other places without the first whereof they are not properly Consecrations and without the second not Arbitrary Concerning infeodations appropriations inuestitures c. Whether his premisses inferre the conclusion or shew the will of his weakenesse shall in the seuerall passages be left to the iudicious Reader And by that I hope which shall be proposed the old way which is the good way the common and true opinion had better through patient idlenesse as he calls it haue beene defended then after a new course of disquisition to haue come not so much as to the base Court of Truthes Sanctuary but euen to a toilesome maze of error It had beene better to haue beene an Apodeictick then a Scepticke Page 13. For the performance in the behalfe of the Clergie c. Animad 12 His performance in the behalfe of the Clergie in collecting so much humane positiue lawes for the payment of whole Tythes is so farre worthy commendation in that it sheweth the consent of so many wise assemblies to the clayme of Gods right which yet not from them but from Gods precept we require of the consciences of men whom if we cannot perswade them to be due by the law of God we must intreat the Supreme Magistrate the authority and executioner of lawes by the seuerall penalties to restore the rightfull inheritance of God And by customes statutes or ciuill disposition not to suffer the rights of Holy Church Gods assignee to be impeached since so many humane positiue lawes haue manifested and offered the diuine right to obedient performance I wish that as the lawes themselues especially the more ancient doe professe the Ius diuinum in their constitution so he had acknowledged it then his endeuours had beene truely thanke-worthy of the Clergie and the proposall of such lawes might not haue seemed a Derogation from the diuine right which is claymed nor this inferior and humane right of positiue Title haue seemed to preiudice the superior and celestiall sunne shine of diuine interest But since his intention was otherwise the thankes is onely due to his paines not purpose of producing them whereout some others may though hee would not ground the confirmation of the Truth indeed which others wisely doe while they talke of them as supposed due also by humane positiue law of practise not thereupon grounding an Actio cōfessoria but ex Condictione ex lege Vide Selden pag. 151. vel Canone which both may bee requisite in the same cause the one to demand a right the other to require a penaltie The Dominican and Franciscan Friers Pag. 14. had they sufficiently thought of the Constitutions and practise of Christian states c. Animad 13 I wonder M. Selden should say the Dominican and Franciscan Friers should out of not sufficient thinking of the right by humane lawes come to the heresie of calling Tythes Almes whereas it was out of the neglect as hee acknowledgeth pag. 166. whereby wee may obserue what issue the Title by humane lawes were like to haue amongst those who are as couetous to retaine as they were greedy to gaine quibus prae pecuniae charitate iustitia vilis est Confess l. 6. c. 8. who for loue of gaine contemne godlinesse as S. Augustine speakes As for Wiccliffe and Erasmus the errors and grosse liuing of the Times made them enuie those that rich meanes as they thought it whereby not the search of truth but the prosecution of sensuality and errour was maintained
dicentem ad discipulos nisi abundauerit iustitia vestra plusquam Pharisaeorum Scribarum non intrabitis in regnum coelorum Quod vult ergo fieri à Pharisaeis multo magis maiori cum abundātia vult à discipulis impleri Quod autem fieri à discipulis non vult nec Pharisaeis imperat faciendum Quomodo ergo abundat iustitia nostra plusquam Scribarum Pharisaeorum si illi de fructibus terrae suae gustare non audent priusquam primitias Sacerdotibus offerant Leuitis decimae separentur Et ego nihil horum faciens fructibus terrae ita abutar vt Sacerdos nesciat Leuites ignoret diuinum altare non sentiat It is impious not to offer first fruits to the Priests of God who giueth Sunne and raine He hath no thought of God nor beleeueth that God gaue the fruits of the earth who parteth to God none of his owne gifts and blessings We are taught by the word of God to offer them Moreouer the Lord saith in the Gospel concerning the Tithing of the Pharisees these things ye ought not to haue omitted But if any obiect that he spake to the Pharisees and not to his disciples heare what he saith to his disciples Except your righteousnesse exceed the righteousnesse of the Scribes and Pharisees What then the Pharisees did must bee exceeded by the Disciples And what hee would not haue his disciples doe he would not command the Pharisees to doe This is the summe of Origen and his arguments are powerfull to prooue the Diuine right of Tithes 3. Cyprian lib. de vnitate Ecclesiae Anno 250. Domos tunc fundos venundabant thesauros sibi in coelo reponentes distribuenda in vsus indigentium pretia Apostolis osserebant At nunc de patrimonio nec decimas damus cum vendere iubeat Dominus emimus potius augemus He reprehends the not equalling of the Iewes in giuing Tithes since we will not imitate the Apostles times to giue all But by the Law of God wee ought at least to equall the Iewes Therefore The same lib. 1. ep 9. Scriptum est Nemo militans Deo implicat se molestijs secularibus vt possit placere ei cui se probauit Quod cum de omnibus dictum sit quanto magis molestijs laqueis secularibus obligari non debent qui diuinis rebus spiritualibus occupati ab Ecclesia recedere ad terrenos seculares actus vacare non possunt Cuius ordinationis religionis formam Leuitae prius in lege tenuerunt vt cum terram diuiderent possessiones partirentur vndecim tribus Leuitica tribus quae templo altari ministerijs diuinis vacabat nihil de illa diuisionis portione perciperet sed alijs terram colentibus illa tantum Deum coleret ad victum atque alimentum suum ab vndecim tribubus de fructibus qui nascebantur decimas perciperet Quod totum fiebat de authoritate dispositione diuinâ vt qui operationibus diuinis insistebant in nulla re auocarentur nec cogitare aut agere secularia cogerentur Quae nunc ratio forma in Clero tenetur vt qui in Ecclesia Domini ad ordinationem clericalem promouentur nullo modo ab administratione diuina auocentur ne molestijs negotijs secularibus alligentur sed in honore sportulantium fratrum tanquam decimas ex fructibus percipientes ab altari sacrificijs non recedant die ac nocte coelestibus rebus spiritualibus seruiant The same reason and forme is obserued in the Gospel for the maintenance of the Clergie which was first in the Law that he that goeth in Gods warfare should not be entangled in worldly affaires Therefore Tithes or more de Iure diuino Anno 355. 4. S. Hilarie in his booke Explanationis in Matth. can 24. Quia ea quae in decimis menthae anethi lex praescribit Quia decimatio illa oleris quae in praeformationem futurorum erat vtilis non debebat omitti Tithing of herbes not to be omitted because profitable for the example of future times Therefore now by that precept due Anno 370. 5. S. Gregorie Nazianzene Orat. 5. Christus appellatur Melchisedech vt accipiens decimas a summis illis Patriarchis If Christ as receiuing Tithes be called Melchisedech then he receiued them and if he his priests Anno 374. 6. S. Ambrose Serm. 34. in Feria 3. post Primam Dominicam Quadragesimae Quicunque recognoscit in se quod fideliter Decimas suas non dederit modò emendet quod minus fecit Quid est fideliter Decimas dare nisi vt nec peius nec minus aliquid Deo offerat aut de grano suo aut de vino suo aut de fructibus arborum aut de pecoribus aut de hortis aut de negotijs aut de ipsa venatione sua Quia de omni substantia quam Deus homini donat decimam partem sibi seruauit ideo non licet homini retinere illud quod Deus sibi reseruauit Tibi dedit nouem partes sibi vero reseruauit decimam partem Et si tu non dederis Deo Decimam partem Deus tollet à te nouem partes Nam qui non vult Deo reddere Decimas quas retinuit homo non studet reddere quod iniustè ab eo abstulit non timet adhuc Deum ignorat quid sit vera poenitentia veraque confessio God hath reserued the Tenth part He that payeth not the Tenth doth not yet feare God nor know what is true repentance and confession Therefore Idem in Sermone in Die Ascensionis Ille vere bonus Christianus qui de fructibus suis non gustat nisi prius ex ipsis aliquia Deo offerat qui Decimas Deo annis singulis pauperibus erogandas reddit He is truely a good Christian that payeth his Tithes yeerely to God Therefore Idem in Comment in Luc. cap. 11. lib. 7. Comparat collationem Decimarum etiam vilium fructuum operibus Iudicium vero charitatem fidei Et inde infert Sed ne rursus fidei nos studiosos faciat operum negligentes perfectionem fidelis viri breue concludit vt de fide operibus approbetur Dicens Haec oportuit facere illa non omittere Workes are compared to Tithing of small herbes as faith to iudgement and mercie In the 11. of Luke But Workes are de Iure diuino though compared with faith And therefore so must Tithes be 7. S. Hierome vpon the third of Malachie Anno 390. Quod de decimis primitijsque diximus quae olim dabantur à populo Sacerdotibus Leuitis in Ecclesiae quoque populis intelligite quibus praeceptum est non solum decimas primitias dare sed vendere omnia quae habent dare pauperibus sequi Dominum Saluatorem Quod si facere nolumus saltem Iudaeorum imitemur exordia vt
pauperibus partem demus ex toto Sacerdotibus Leuitis honorē debitum deferamus Vnde dicit Apostolus Honora viduas presbyterum duplici honorem honorandum Quod qui non fecerit Deum fraudare Dominum supplantare conuincitur maledicitur ei in penuria rerum qui parcè seuerit parcè metat qui in benedictione seminat in benedictionibus fructus colligat abundanter Christians are commanded to giue Tithes and first fruits He that doth not spoileth and deceiueth God Therefore Anno 398. 8. S. Chrysostome Hom. 35. in Genes Remunerauit Melchizedechum decimas ei segregauit de omnibus quae attulit Hoc loco doctor fit omnibus vt declarantes gratitudinem primitias eorum quae sibi à Deo concessae offerant Abrahams example teacheth all in gratitude to offer First fruits or Tithes of all things which God hath giuen Therefore due And Hom. 18. in Acta Apost Parumne est oro torcular benedici Parumnè est Deum ex omnibus frugibus ac decimis prius partem ac decimas accipere Ad pacem Agricolarum hoc vtile The giuing of Tithes procures a blessing Therefore due Idem hom 4. in 2. cap. ad Ephes Quid enim non fecerunt hac in re Iudaei Decimas ac rursus decimas Orphanis Viduis ac Proselytis contribuerunt Nunc verò admirando quempiam dicere solemus decimas ille vel iste dat quanta quaeso turpitudinis scatet si quod apud Iudaeos nullius erat admirationis aut celebritatis apud Christianosiam sit vnde debeat admirari Si tunc periculum erat Decimas negligere perpende quanti nunc istud fuerit Entending to stirre vp the Peoples deuotion he alleageth the example of the Iewes herein comparing their bountie with our backwardnesse They did freely and willingly pay Tithes of all to the Priest and another Tenth also to the Poore But we Christians can scarse afford to pay our bare Tithes and at length he concludes with this consideration If it were a danger then to the Iewes not to pay their Tithe consider then how great a danger it must needs be now if we neglect it Therefore Anno 400. 9 S. Augustine hom 48 inter 50. Serm. Maiores nostri ideo copiis abundabant quia Deo decimas dabant Caesaricensum reddebant modò autem quia decessit deuotio accessit indictio fisci noluimus partiri cum Deo decimas modo autem totum tollitur hoc tollit fiscus quod non accipit Christus Our forefathers did therefore abound with plentie because they gaue their Tithes to God and paid their tribute to Caesar but now because deuotion is decreased exactions haue encreased wee will not giue the tenth part to God and now all is taken away that which Christ cannot haue Caesar will Idem in Psal 146. Exime aliquam partem reddituum tuorum Decimas vis Decimas exime quanquam parum sit dictum est enim quia Pharisaei Decimas dabant Et quid ait Dominus Nisi abundauerit iustitia vestra Et ille super quem debet abundare iustitia tua decimas dat tu autem nec millesimam das In this dutie wee are commanded by Christ to exceede the Pharisees Therefore no lesse due de Iure diuino Idem in Serm. ad Fratres in Eremo ser 64. Et si aliquis est agricola qui terram colat de fructibus suis ex ijs omnibus quae Dominus ei donat in decima Ecclesiam non defraudet de particulâ suâ pauperibus dare non negligat Si negotiator est in hoc laborat ipse Deo non seruit de suo labore vel decimam reddere noluerit de sua particula pauperibus ministrare non curauerit ad nihilum ipse vnà cum pecunia sua redigetur Et quacunque arte Dominus alicui personae ingenium lucrandi donauerit vnde se suos nutrire vestire potuerit cum hoc superlucrari aliqua post decimam ex ipsa sua particula quae sibi remanet pro redemptione animae suae ac suorum pauperibus hilariter donet If any one be a Husbandman that tilleth the ground let him not defraud the Church in the Tithe of his fruit and of all those things which God hath giuen him and let him not neglect to giue of his owne part to the poore If hee bee a Tradesman and bestowes his paines thereon and he doe not serue God of his labours or will not pay his Tithe and takes no care to giue of his owne part to the poore he himselfe together with his money shall be brought to nought And by what occupation soeuer the Lord shall giue wit to any person to thriue by which he may bee able to feede and cloath himselfe and his and with it ouer and aboue gaine something after the Tithe let him willingly giue to the poore of his owne parte which remaineth to him for the benefit of his soule Vide Sermonem de Tempore 219. Which sermon is wholly for the payment of Tithes and is published in English by that worthy louer of Gods Church S. Henry Spilman after his religious Treatise De non temerandis Ecclesus in which sermon are as many arguments almost as sentences to proue the diuine right Anno 430. 10. Eusebius Emissenus sine quis alius homil in Dominic vndecima post Pentecosten super verba Pharisaei Luc. 18. Pharisaeus stans haec apud se orabat c. Nihil horum reprehensibile est Nam Deo pro beneficijs gratias agere bis in hebdomada ieiunare de omnibus decimas dare bonum valde est laudabile None of these things which the Pharisee there did is reprooueable for both to giue thankes to God and to fast twice a weeke and to pay Tithes of all things is very good and laudable Anno 440. 11. Cassianus Collatione 21. praeter ea quae citantur à Seldeno pag. 47. cap. 25. dicit Lege Mosaicâ vniuerso populo generalis est promulgata praeceptio Decimas tuas Primitias offeras Domino Deo tuo Itaque qui substantiarum omniumque fructuum decimas offerre praecipimur multo magis necesse est vt ipsius quoque conuersationis nostrae atque humani vsus operumque nostrorum Decimas offeramus c. Et cap. 33. Quicunque soluit Decimas fructuum suorum atque Primitias aut partem pecuniarum constrictus legis antiquae sanctione distribuit Wee are commanded by the generall Law of Moses Wee are bound by the decree of the ancient Law and what is that but the morall which binds vs and by this Tithes are enioyned Therefore due by the Law of God Anno 440. 12. Isidorus Pelusiota lib. 1. epist. 317. Hermino Comiti Praeclare Dominum ornas cum nobis fructuum tuorum Primitias tribuis decimamque partem ex vbertate terrae tuae ei à quo eam accipisti pendis
in Tithes the perfection of our workes Therefore 24. Synodus Angliae Anno 786. anno 786 sub Legatis ab Adriano primo ex Centuriatoribus tom 8. cap. 9. citatur pag. 199. can 17. Sicut in Lege scriptum est Decimam partem ex omnibus frugibus tuis seu primitijs deferas in domum Domini Dei â—ui Rursum per Prophetam Adferte inquit omnem decimam in horreum meum vt sit cibus in domo mea probate me super hoc si non aperuero vobis cataractas coeli Sicut ait Sapiens Nemo iustam Eleemosynam de his quae possidet facere valet nisi prius separauerit Domino quod à primordio ipse sibi reddere delegauit Ac per hoc plerunque contingit vt qui decimam non tribuit ad decimam reuertitur Vnde etiam cum obtestatione praecipimus vt omnes studeant de omnibus quae possident decimas dare quia speciale Domini Dei est de nouem partibus sibi viuat Eleemosynas tribuat Et magis eas in abscondito facere suasimus quia scriptum est Cum facis Eleemosynam noli tuba canere ante te It is commanded by the Law By God in the Prophet Malachie God from the beginning hath appointed them to be giuen him Therefore Anno 791. 25 Synodus Foroiuliensis anno 791. citatur pag. 64. De decimis vero primitijs nihil melius puto dicere quam quod scriptum est in Malachia Propheta dicente Domino Inferte omnem decimam Quis non timeat vel contremiscat illam maledictionem quam minatur nolentibus offerre It is inferred from the Prophet Malachie the curse threatned is applied to Christians Therefore Anno 800. 26 Capitulare Caroli Magni c. lib. 6. cap. 29. Decimas tuas ac primitias non tardabis offerre Domino de filijs tuis primogenitis De bobus quoque ac ouibus similiter facies cap. 189. Annuntient Presbyteri plebi publicè vt primitias omnium frugum terrae ad benedicendum afferant sic postea inde manducent Et decimas ex omnibus fructibus pecoribus terrae annis singulis ad Ecclesias reddant de nouem partibus quae remanserint Eleemosynas faciant The precept of the Law is vrged and thereupon payment enioyned Therefore Anno 812. 27. Aponius in Cant. in verba Et odor vestimentorum tuorum Vestimenta Ecclesiae eos opinor intelligi qui in Dei omnipotentis honorem decimas de iustis laboribus suis Ministris Ecclesiae praebent sicut in Leuitico Dominus fieri iubet Ex summariolis Lucae Abbatis They that pay Tithes as God commanded in Leuiticus are the garments of the Church in the Canticles Therefore 28 Concilium Arelatense quartum Anno 813. sub Carolo Magno can 9. Vt vnusquisque de proprijs laboribus Decimas Primitias Deo offerat sicut scriptum est Decimas primitias tuas non tardabis offerre Domino Deo tuo As it is written Let each man offer his Tithes of his labours Therefore 29 Concilium Moguntinum 1. eodem anno cap. 38. Anno 813. Admonemus praecipimus vt decimas Deo omnino dari non negligatur quas Deus ipse sibi dari constituit God hath appointed Tithes to be giuen him Therefore 30 Paschasius Ratbertus in Matth. Lib. 10. Anno 820. Dixerat enim supra quod nec vnus apex iotae praeteribità Lege idcirco nec nunc decimationem minimarum rerum relaxat sed vt omnia integrè compleantur mandauerat enim iudicium verum iustitiam seruare misericordiam facere habere fidem propter gloriam nominis sui Decimas autem offerre licet ipsae ad honorem Dei datae pertineant tamen propter vtilitatem Sacerdotum dabantur vt vsibus eorum deseruirent Christ doth not remit the Tithing of the least things because no iote of the Law must passe To offer Tithes belongeth vnto the honour of God Anno 828. 31 Agobardus Lib. de dispensatione c. Rei Ecclesiasticae contra sacrilegos pag. 266. Notum est cunctis Scripturam legentibus ab initio humani generis Sacerdotes fuisse sed decimas sacerdotibus redditas Et pag. 277. Sic nempe à Patribus intelligitur quod dictum est Reddite Caesari quae sunt Caesaris id est tributa vectigalia quae autem sunt Dei Deo id est decimas primitias caeteraque donaria tam vota quam spontanea postea Commendat autem Deus haec facienda vbi ait Vae vobis Scribae Pharisaei hypocritae qui decimatis c. cum illico subiungit Haec oportuit facere illa non omittere Oportet igitur semper oportebit quod Deus oportuisse testatur neque parui peudendum suit aut erit vnquam quod Deus vel fieri iussit vel factum facientis deuotione commendauit Totus Liber dignus qui exscribatur Idem in Libro contra insulsam vulgi opinionem de grandine tonitruis pag. 155. Multi sunt qui sponte sacerdotibus decimam nunquam donant Viduis Orphanis caeterisque indigentibus Eleemosynas non tribuunt quae illis frequenter praedicantur crebro leguntur subinde ad haec exhortantur non acquiescant c. They were paid from the beginning of the world Tithes are reckoned among things that must be giuen to God because they are his God commanded them to bee giuen These things ye ought to haue done c. That therefore alwaies shall be necessary to be done what God saith ought to haue beene done Neither must that bee neglected which God either commandeth to bee done or commendeth the deuotion of the doer They are often preached read exhorted to be paid Therefore Anno 837. 32 Concilium Aquense cap. 18. Quod Melchisedech sacerdos Dei altissimi typum gesserit Christi catholica sentit Ecclesia quod ei Abraham decimas ex omnibus dedit ipsius Abrahae ingentia commendantur praeconia Quem imitantur qui sacerdotibus Christi ob illius amorem honorem decimas dant ab illius merito sequestrantur qui Deo oblatas decimas auferunt Abraham is commended for giuing Tithes They imitate him who giue them for the honour and loue of God and are separate from his merite who take them away Therefore Anno 849. 33. Druthmarus in Matth. cap. 56. Hoc oportuit facere id est iudicium misericordiam fidem ea quae ad hoc pertinent illa non omittere decimas accipere Videant magistri Ecclesiarum qui habent simile ministerium in populis tenent praedia Ecclesiarum ne similes illis fiant si tacuerint populis vitia sua The possessions of the Church are such as Christ commandeth not to omit to be paid Therefore Anno 849. 34. Walafridus Strabo de Rebus Ecclesiasticis cap. 27. Decimas Deo sacerdotibus dandas Abraham factis
Iacob promissis insinuat deinde Lex statuit omnes doctores sancti commemorant Et profectò dignum erat vt Israelitae decimas frugum pecorum omnium pecuniarum Domino darent Cum itaque Iudaicus populus praeceptum decimaerum tantae diligentia obseruaret vt de minimis quibuscunque olusculis decimas darent Cur non maiori studio plebs euangelica eandem impleat iussionem cui maior est numerus sacerdotum sincerior cultus sacramentorum Ideo ergo dandae sunt decimae vt hac deuotione Deus placatus largius praestet quae necessaria sunt Ac vt sacerdotes ministri Ecclesiae cura sollicitudine necessitatum corporalium quibus sine haec vita transigi non potest releuati liberiores fiant ad meditationem diuinae Legis doctrinae administrationem atque spiritualis seruitij voluntariam expletionem c. The fact of Abraham the promise of Iaacob the Law besides all the holy Fathers are vrged Christians ought to fulfill that commandement more then the Iewes because now more number of Priests better seruice that they may better discharge their duties Therefore 35 Rabanus in Num. lib. 2. cap. 23. Anno 849. Et in veteri in nouo Testamento ministris Altaris seruitoribus Templi Domini mandatum est de oblationum largitate decimarum nutrimentum habere It is the Lords commandement both in the old and new Testament that the Priests should haue sustenance by Tithes Therefore Anno 860. 36 Anastasius Abbas Graecus in lib. contra Iudaeos Apud Canisium tom 3. Antiquar Lectionum pag. 180. Ad hunc locum deuenit Paulus vt ostenderet Sacerdotij nostri excellentiam supra vetus Quae quidem maior excellentia in ipsis typis rerum designata suit siquidem Abraham progenitor Leui locum Laici tenuit in Melchisedech quandoquidem decimas ei dedit vt dare solent Laici Sacerdotibus Et à Melchisedech benedictionem accepit vt solent etiam Laici à Sacerdotibus The Priesthood of the Gospel more excellent then that of the Law prooued by paying of Tithes out of the Epistle to the Hebrewes Therefore 37 Hincmarus Rhenensis dialog de statu Ecclesiae pag. 653. Anno 860. Quid de vobis dicam seculares qui non solum Ecclesias sed etiam ipsa altaria possidere vultis nunquid vos qui oblationes pauperum comeditis bibitis ad offerendas Deo hostias pro ipso populo accedetis Vos horrea frumento cellaria ex his quae Ecclesiae sunt vino complebitis sacerdotes eius fame affligetis cur non pertimescitis iudicium Dei Panes propositionum non licet comâ—dâ—re nisi mundis purificatis sacerdotibus vos cum vxoribus ancillis vestris quod peius est nonnulli cum scortis decimas oblationes fidelium marducabitis Coram vobis ardebit candela quae Deoest oblata eius altare sacrificium sine lumine erit postea pag. 660. Lay-men in hauing Tithes breake the Law of God must therefore feare the iudgements of God Therefore Anno 890. 38 Rhemigius Antissiodorensis in Malach. 3. Quod de illorum decimis diximus de Ecclesiae populis possumus dicere quibus praecipitur vt non solum decimas dent sed vt etiam sua omnia pauperibus Ecclesiae ministris largiantur c. ad sensum Hieronimi Christians are commanded to pay Tithes and more Therefore Anno 890. 39 Concilium Metense sub Arnulpho cap. 2. Dominus loquitur per Prophetam dicens Adferte omnem decimam Ideo statuâ—mus vt nemo seniorum de Ecclesia sua accipiat de decimis aliquam porteonem sed solummodo sacerdos qui eo loci seruit vbi antiquitus decimae fuerunt consecratae The Lords commandement by the Prophet Malachie made the ground of a Canon for Tithes Therefore Anno. 895. 40 Concilium Triburiense sub eodem Ibi citatur Augustinus vbi supra epistola Gelafii cap. 27. St. Augustine sermon 219. de tempore is wholly to prooue it Therefore Anno 948. 41 Concilium Ingilenhemense cap. 9. Apud Canisium Antiquarum Lectionum tom 5. pag. 1060. Vt decimae quas Dominus praecepit in horreum suum deferri si Ecclesiis Dei non fuerunt redditae sed nefariâ cupiditate quae saeuior Aetnae ignibus ardet à secularibus fuerunt retentae secularia super hoc non exerceantur iudicia nec in forensibus discutiatur causis c. The Lord commandeth them to be brought into his barne To detaine them is an vngodly desire Therefore 42 Statuta Synodorum Ms being written 900. Anno 900. yeeres after Christ citatur pag. 210. wherein for the right of Tithes the Mosaicall commandement and a passage in S. Augustine is brought Therefore 43 Leges Athelstani made about the yeere 930. Anno 930. by the aduice and consent of the Bishops of the Land commanding a generall paiment of all praediall Tithes as they are cited pag. 213. Ego Athelstanus Rex Consilio Wulfhelmes Archiepiscopi mei aliorum Episcoporum meorum Mando Praepositis meis omnibus in toto regno meo praecipio in nomine Domini Sanctorum omnium super amicitiam meam vt inprimis de meo proprio reddant Deo decimas tam in viuente captali quam mortuis frugibus terrae Et Episcopi mei similiter faciant de suo proprio Aldermanni mei Praepositi mei And after is added the example of Iaakob with some Texts of holy Scripture and places of S. Augustine to shew vpon what authoritie they grounded their Law euen vpon the Law of God 44 Constitutiones sub Odone Archiepiscopo Cantuariensi anno 940. The tenth and last Chapter whereof Anno 940. are onely for Tithes Decimo Capitulo mandamus fideliter obsecramus de decimis dandis sicut in lege scriptum est Decimam partem ex omnibus frugibus tuis seu primitijs deferas in domum Domini Dei tui Ruâ—sum per Prophetam Adferte inquit omnem decimam Vnde cum obtestatione praecipimus vt omnes studeant de omnibus quae possidâ—nt dare decimas quia speciale Domini Dei est de nouem partibus sibi viuant eleemosynas tribuant Citantur pag. 217. The Law is vrged for it And the Prophetâ— Malachie It is the peculiar inheritance of the Lord God Therefore 45 Poenitentiale ex Burchardo citatum pag. 124. Anno 1000. Hast thou at any time neglected to pay thy Tenths to God which God himselfe hath ordeined to be giuen him Therefore 46 Concilium sub Aethelredo ann 1010. citatum pag. 221. Anno 1010. Wherin some Canons are for the iust paiment of Tithes Ecclesiae antiquitùs constitutae to the ancient Mother or Parish Church and Tithes are there reckoned among things due to God Therefore Anno 1020. 47 Elias Cretensis in quintam orationem Greg. Nazianz. Abrahamus
ordered by Gods institution for the Clergie and them alone Therefore Idem in Annot. elucidator in Geneseos cap. 4. Credimus Deum docuisse Adam cultum diuinum quo recuperaret eius beneuolentiam quam amiserat per peccatum transgressionis ipse docuit filios suos dare scilicet Decimas primitias God taught Adam and hee his children to pay Tithes Concerning first fruites see Athanasius in Serm. Omnia mihi tradita sunt à Patre 57 Hugo Pontiniacensis Anno 1130. Bernardus Claraeuallensis in Epist ad Abbatem Conuentum Maioris Monasterij post Iuonis epistolas pag. 545. Clericorum est Altari deseruire de Altario viuere Vos cum illis partimini beneficium cum quibus non exhibetis officium Paulus clamat pro Clericis immo ante ipsuÌ„ Moyses Non alligabis os boui trituranti Quisquis plantat vineam Per totam circa vsurpationem Monachorum in Decimis Tithes denied to Monkes by authority of Scripture 1. Cor. 9. Deut. 25. 1. Tim. 5. It is the whole intent of that Epistle 58 Petrus Comestor Histor Scholast in Genesin cap. 26. Anno 1145. Speaking of the Offerings of Cain and Abel saith Creditur Adam in spiritu docuisse filios vt offerrent decimas Deo primitias The payment of Tithes taught by Adam vnder the Law of Nature Therefore 59 Gratianus in Decretis passim caus 16. q. 1. q. 7. q 4. Anno 1145. c. placuit alibi Out of whom many testimonies might be excerpt to make vp number but thither I referre the ingenuous reader Therefore 60 Synodus Prouincialis apud Westmonast anno 1174. Anno 1174. There out of a Synode at Rosne quoted before by Iuo in his Panormia is this Canon cited and confirmed Omnes decimae terrae siue de frugibus siue de fructibus Domini sunt illi sanctificantur sed quia multi modo inueniuntur decimas dare nolentes statuimus The Law in the last of Leuiticus is the ground of the Canon in that councell Therefore Anno 1177. 61 Ioannes Sarisburiensis de Nugis curialium lib. 7. c. 21. citat pag. 127. Miror vt fidelium pace loquar quodnam sit quod decimas et iura aliena vsurpare non erubescunt Inquient forte religiosi sumus plane decimas soluere religionis pars est postea Exemptiones derogant constitutioni diuinae To pay Tithes is a part of religion Exemptions from payment derogate from the Law of God Therefore Anno 1178. 62 Alexander 3. in Epist ad Rhemensem Episcopum Extr. de Decimis cap. 14. 15. Decimae non ab hominibus sed ab ipso Deo institutae sunt Idem ad Cantuariensem in Concil Lateran parte 4. cap. 2. Institutioni diuinae manifestius obuiant qui decimas Ecclesiis non persoluunt Idem epist. 19. Edit post Petrum Cellensem Archiep. Vpsellensi c. Praetereà illud adijciendum mandamus quatenus populum regimini gubernationi vestrae commissum decimas Ecclesiis fideliter deuote persoluere Sicut ab ipso Domino noscitur institutum diligenter ac sollicite moneatis Iuxta illud Malachiae Prophetae Ibi citat Concilia Moguntinense Rhothomagense quae anteà adducta sunt Tithes instituted not by man but by God They that pay not resist the ordinance of God It is instituted by the Lord The Prophet Malachie is produced Therefore Anno. 1178. 63 Fredericus Barbarossa apud Goldast Constitut Imper. tom 2. p. 50. citat p. 474 Scimus à Deo decimas oblationes Sacerdotibus Leuitis primitias deputatas We know Tithes and Oblations appointed to the Priests by God himselfe The same words are referred to the Emperour Henry the 6. the sonne of Frederick by Arnoldus Lubecensis in Supplem chron Sclauorum lib. 3. c. 18. Anno 1178. 64 Richardus Cantuariensis siue Petrus Blesensis epist 82. Contra priuilegium Cisterciensium Epistola notabilis Et quae est haec iniuriosâ— immunitas vt exempti sitis à decimarum solutione quibus obnoxiae terrae erant antequam vestrae essent quae solutae sunt hactenus non personarum obtentu sed territorij ratione Si in vestram possessionem terrae deuolutae sunt quare in hoc periclitatur alienum ius nam ad vos terrae iuxta communem aequitatem cum suo onere transierunt Vt quid in alienam iniuriam terras nutrimenta vestra priuilegiari facitis vt auferatis quod alienum est Nunquid Abel de nutrimentis suis Dominum non respexit nunquid iustiores estis primo omnium iusto vt vos contra dei iustitiam erigatis per Prophetam praecepit Dominus Decimas inferri in horreum suum vos ab eius horreo iubetis auferri Habet iustitia diuinae legis vt in Leuitarum sortem cedant decimae vnde iustitiae diuinae manifestè resistit qui ministris Ecclesiae nititur ius decimationis auferre Sane ex his consimilibus satis liquet quod si virtus obediâ—ntiae esset in solutione decimarum aut reddituum aut exhibitione iuris alieni facile detrectaretis obedientiae iugum Milites Galliarum sibi ius decimationis vsurpant nec vestris priuilegijs deferentes eas a vobis potenter extorquent Aduorsus eos debetis insurgere non aduersus Clericos aut Ecclesias clericorum Deberetis recolere vos quandoque fuisse Clericos atque Sacramenta salutis in earum Ecclesiis percepisse Sed Christianae professionis vinculum deuotio filialis affectus priuignales induit sub religionis praetextu transijt in contemptum Non ponimus os nostrum in coelum nec de facto summi Pontificis disputamus Sed si Dominus Papa indulgentiâ speciali quandoque priuilegiauit vos dum ordo vester in paupertate gaudebat dum in vsus egentium suae lenitatis viscera liberaliter effundebat potuit tolerari ad tempus licet in communem redundauit iniuriam quod causa necessitatis fuerat introductum Nunc autem quando vestrae possessiones multiplicatae sunt etiam in immensum priuilegia haec potius ambitionis quam religionis instrumenta censentur Quicquid indulgeant priuilegia Romanae Ecclesiae vobis expedire non credo contra conscientiam vestram quod alienum est vsurpare Quod si à se de illa publicum emanasset edictum quod vbicunque inueniretis Clericos aut alterius habitus Monachos equitantes vobis liceret eos è suis euectionibus deijcere equos in vsus proprios retinere Quid interest equos rapiatis an decimas Nisi quia decima res spiritualis est ideo enormius sacrilegium in decimis coÌ„mittitur quam in equis Cum Dominus praecipiat decimas solui quis contra eius praeceptum potuit dispensare Vbi diuina humana iussio sibi inuicem contradicunt obediendum est Deo magis quam hominibus Cum sint duae leges exterior interior interior semper
dedicatione Templi Anno 1200. citatur pag. 78. Grauiter ergo peccant qui decimas primitias non reddunt Sacerdotibus sed eas pro voluntate sua distribuunt indigentibus Idem Extr. de Decimis c. tua Quae diuinâ institutione debentur Et cap. tua nobis Quas Deus in signum vniuersalis sui dominij sibi reddi praecepit sua esse decimas primitias asserens post Sacerdotibus ex mandato diuino debentur They sinne grieuously that pay not Tithes to the Priests Tithes are due by diuine institution God hath appointed them to bee payed in signe of his vniuersall dominion Therefore 72 Fredericus 2. Constitut. Sicularum libr. 1. tit 6. Anno 1212. Attendentes quod solutio decimarum quarum debitum ex vtriusque Testamenti tabulis confirmatur tanto in Ecclesiis Dei preciosior redditur quanto decimalis oblatio de bonis hominum velut electum quoddam spirituale peculium à Domino reputatur The duetie of payment of Tithes is confirmed out of the Tables of both Testaments The offering of Tithes is accounted by the Lord as a choice spirituall peculiar profit ANd thus out of my few bookes and small reading haue I collected a Septuaginta duo not interpreters but witnesses of the diuine right of Tithes Whereof many are full of particulars as Councels and Statutes and all before the yeere MCCXV To whom if I should adde the whole number of Canonistes vntill Nauarre and Couarruuias and the old Schoolemen who required either this proportion or a greater portion euen de Iure diuino And many other late learned Diuines both Protestants and Papists by others produced besides the Councels Determinations Ordinances of State Bills of Parliament both Forreine and Domesticke by himselfe related I might paginam non causam implere write much not more For aut hic testium satis est aut nihil satis as Varius said either this is witnesse enough or nothing is enough Now since these haue applied the Scripture expounded the sence propounded their sentences added their reasons for the Ius diuinum of Tithes Epist 190. what remaines but obedience vnlesse we will be of Abelardus proud humor in St. Bernard Omnes sic Egò autem non sic All are of one mind but I am of another Now neither the Schoole-tricke of exemplariter non obligatiuè Nor the Iesuite-tricke of Ius diuiaum for Ecclesiasticâ—m I hope can preuaile with considerate Readers who shall find in these Tithes to be praeceptae institutae mandatae ordinatae â—ssae for the honour of God manifestation of our thankfulnesse sustentation of the Clergie expectation of a temporall or eternall blessing auoiding of the like curse credit of the Euangelicall Priesthood in comparison of the Iewish signe of Christianitie acknowledgement of subiection to God expressing reuerence to the Scriptures And more that d bentur obstingimur constricti sumus requiruntur ex debito transgressor mortaliter peccat And this Tithing to be a principio a primordio naturale taught by Adam and many such other Phrases Let therefore couetousnesse yeeld to conscience customes giue place to canons the priuate spirit submit to continuate tradition these dayes hearken to the former ages and mans will be obedient to Gods word so interpreted by the ancient And seeing they are encompassed with such a cloud of witnesses Vincent Lyrin cap. 35. to which each mans reading can adde many De discant bene quod didicerunt non bene Let them vnlearne their former ill lesson Petrus Blesens Epist 82. For quicquid indulgeant priuilegia Romanae Ecclesiae I may say iuris Anglicani illis expedire non credo contra conscientiam quod alienum est vsurpare Whatsoeuer priuiledge either Romish superstition or Customary Law may affoord yet I am certainely perswaded that they ought not to vsurpe what is not their owne and those are Tithes From payment whereof hee that exempteth any thing increased by Gods blessing being demanded by the Church ouer that denieth Gods iurisdiction in giuing no Tribute for it against the first commandement hindereth Gods seruice in taking maintenance from it against the fourth is plainely sacrilegicus in vsurping what is not his owne against the eighth besides the dishonouring of spirituall Fathers against the fift Tho. Aquin. in Opusc de 10. praecept c. 18. and so in one sinne directly breaketh foure commandements Let St. Cyrill of Alexandria vpon that knowne passage of the third of Malachie make the vse of all Discimus hinc etiam nos magni criminis loco durendum non offerre Deo quibus gratitudinem nostram ostendimus agrum quem ille victui ferendo suffâ—cientem donauerit ad gloriam Dei non referre Hence we Christians also learne that it is to be accounted a great crime not to shew our thankefulnesse to God by Oblations and not to affoord out of that field some part to the glory of God which hee hath made sufficient for our maintenance And for to answere the doctrine of Mr. Selden touching an originall of Tithes not of duty but by Arbitrarie consecrations obserue how almost in euery seuerall Countrey some of these Authours haue maintained the diuine right before that Mr. Selden either hath or can shew such his consecrations and many of them also the practise informing the duty not bounty of such payment And thus much in lieu of Animaduersions vpon the two first Chapters both of his History and Reuiew Yet in the second Chapter I suppose Epiphanius and Saint Chrysostome are but rashly censured by the Authour Pag 19. that Epiphantus lib. 1. haeres 16. should not there sufficiently vnderstand what the Iewes did in their Tithing whereas himselfe confesseth that Fathers meaning not easily to bee apprehended But why should Epiphanius so well conuersant in the Iewish Ceremonies as to write a booke dâ— veste Sacerdotali as S. Ierome testifieth in Epitaphio ad Fabiolam and another De mensuris ponderibus which is extant Nay who did write against the Heresies of their customes be thought not to vnderstand them Aduâ—rsus Baron pag. 63. 64. This is to lay too great weakenesse vpon so learned a Father That worthy Casaubon cited by the Author in this place is so farre from fastening such imputation that he doth most learnedly explicate his meaning in the place quoted As also for St. Chrysostome of whose words since by his owne acknowledgement some probable coniecture might bee brought as I conceiue the censure of not sufficient vnderstanding should not so easily haue passed vnlesse hee that would abstaine from probable coniecturing had rather be a Criticke vpon the Ancient ANIMADVERSIONS on the third Chapter IN this Chapter as also in the third of his Reuiew the Collections of the Author concerning the Heathen practise both Latine and Greeke are various and pertinent and some of them not vsuall But the maine places That of Festus for the Latine Decima quaeque veteres dijs suis offerebant And that
of Harpocration for the Greeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 They vsed to Tythe the spoyles of warres to the Gods and that of Didymus an olde Grammarian 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 It was a Greeke custome to consecrate the Tythe of their abundance to the Gods From whence both hee and Suidas fetch the reason why 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to Tythe signifieth also to Consecrate These haue vndergone too sharpe a censure P. 28. 29. In the first for the place of Festus The Author acknowledging the learning of him his Epitomator Paulus Diaconus is charged with ignorance bolde contracting this piece of vntrueth and by the Testimonie of Diuine Scaliger forsooth another infringer of the Diuine right of Tythes is accounted barbarous and by him amended to put in Herculi for Dijs But this also seemes not enough nay false to our Historian and the Criticks not agreeing were it not best to trust Paulus Diaconus his honestie in relating learned Festus Sense who saw what they coniectured at Great Scaliger the Diuine Scaliger such flattering Hyperboles proceed from ambitious loue is no doubt by the more great and more diuine himselfe censured And though Hee be diuine yet hee may erre or write insufficiently To the ingenuous Reader the credit of neither because parties ought to preiudice the vnpartiall authority of that ancient Abbreuiator aboue 800. yeeres agoe whose credit and learning was not then thought so barbarous and false he being a Secretis to Desiderius King of the Lombards and after with Charlemain who employed him in reforming the Homiliaries of the Church as appeareth by his Epistle before Alcuins Homilies where it is said Inconsonantes omendare Solaecismos idque opus Paulo Diacono familiari clientulo nostro elimandum iniunximus To amend the vncohaerent Barbarismes in those Homilies and polish the same wee haue imposed on our familiar seruant Paulus Diaconus What if in some other things hee might be mistaken pag. 457. wherein hee might be ignorant must this Relation which is so plaine be so also Why not as well Festus who relates it from Verrius Flaccus and Verrius Flaccus who from some other and so an errour by Tradition be deriued May not originall Authours be deceiued as well as Abbreuiators be dishonest Surely rather since Festus Workes being then extant might haue shamed Paulus Diaconus if faultie wheras Verrius Flaccus Relation though false could not be so soone condemned since hee speakes of Veteres the ancient times which could not be recalled to testifie against him I had alwayes that opinion of Abbreuiators that although by them both the Style of the Authour and sometimes the circumstance of the Storie were lost whereby posteritie was defrauded both of their elegant Language and the obseruable manner of Atchieuements yet that they were so carefull not to faine but fashion a sense grande ferculum in vase breui If I should turne Criticke I should rather lay all imputations vpon a transcribing either Monke or Mercenarie who either might mistake or misuse or some false Printer whose haste or negligence can abuse the most carefull Authour then impeach the credit of an Ancient especially in laying falshood in relation to his charge For as for Ignorance and that he was Ineptissimus though by Mr. Seldens confession he were a man of great reading and knowledge for the Time he liued in pag. 457. and many Testimonies might be collected albeit in other passages it might appeare yet how in this the sentence might be so inuolued as to enforce an ordinary vnderstanding to mistake I yet conceiue not If the words were but transcribed then no fault if some or many particulars were related then the indefinite wordes Veteres Dijs as those of Varro in Macrobius Maiores solitos Herculi decimam vouere and Mos erat Herculi decimam prophanare as Cassius were true consequence and are euen confirmed by many passages in these Third Chapters of his booke and Reuiew And as for the worde Quaeque since by his owne collections some of all their substance some of money vpon sale some of spoiles of warre some of Sea Merchandize some of gaine some of all that should encrease vnto them offered the Tithes to some one Deity or other may not that word and all the sentence bee as true as his Chapter which relates as much But out of his Collections as out of that the Naturall Law of Tithing may as much haue proofe since each man knowes euen the Law of Nature amongst the Heathen to haue beene depraued and the practise thereafter to haue not onely beene disused but contradicted And yet cannot I conceiue how this proportion in offerings should by any especially so many and those so good be embraced vnlesse the Naturall Law representing it selfe to them either absolutely or in example of Abraham and the faithfull was approoued pag. 459. For our Historie writer to expect any to proue such manner either to bee continuall or compulsorie is needlesse The varietie of their Gods could not expect such a quantitie for each and for a Common-wealth to haue compelled Tithes rather for one God then another had shewed partiall obedience and that to their Deities from the neglect of any of whom they might expect iust reuenge in destruction Quis enim laesos impune putaret Esse Deos Wherefore from his disquisition of this ancient Tithing amongst the Roman Gentiles I cannot but conclude that either reason the arte of the Law of Nature or example of the faithfull the practisers of that law or precept the ground of both not to admit chance in a seruice of Religion were the true originals of such vse amongst them Whereby the purposed proofe of the right of Tithes by the Law Naturall may truely be inferred and Paulus Diaconus admit any construction to please the Critickes But for conclusion I see no reason why this Sentence should not be truly the mind if not syllables of Festus Sinoe Paulus Diaconus in his Epistle to Charles before his Epitome professing how he had quite tooke away some things as superfluous in the rest saith Quaedam abstrusa penitus stylo proprio enucleans nonnulla ita vt erant posita relinquens he mended the style of some abstruse sentences leauing many as they were before So that all in Paulus Diaconus is either Festus his words or sense and so these Critick coniectures should not preuaile against such honest profession of so holy a man For the Grecian practise amongst whom some Tithes were vowed or otherwise arbitrarily or by some locall custome paid to speciall Deities And Cypselus of Corinth when he vowed all the goods of the Citizens if he could get the Citie had speciall regard to the tenth part as competent to a Deitie And Craesus would not haue the goods of the Lydians ransackt because they were necessarily to bee tithed to Iupiter and Pisistratus exacted Tithes for such an ende I wonder therefore what should ingenerate such conceipt in Cypselus
of the competencie of that proportion for a Deitie or necessitate in Cyrus or Craesus the tithing of the Lydians or cause the same to bee exacted by Pisistratus vnlesse some tradition of Nature had beene receiued into the vsuall practise of the highest vnderstandings Why should diuers Countries to so seuerall Deities concurre in the same quantitie if the naturall vniuersall Law of l ithing did not regulate their practise And so it seemes amongst the Graecians it did for Harpocration and Didymus and Suidas all agree in auowing the common practise and the two latter thence inferre the worde 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which signifieth to Tithe to import also to Consecrate This inference of theirs our Authour would crosse by assuming that signification from a particular ceremonie of Maides in Athens initiated to Diana at the Feast Brauronia whom he calleth Ten yeerelings because if they were not initiated and consecrated after fiue and before ten yeeres of age they might neuer haue husbands from the last yeere whereof saith he they were called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and so 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 did signifie to consecrate not generally but to that purpose onely This particular ceremonie of consecrated maides who might before that age of tenne yeeres bee initiated cannot seeme so probable and forcible to withstand the authoritie and generall reasons of Harpocration and Didymus from so generall customes amongst the Graecians in generall to most particular Deities For whereas to Diana alone were these Ten-yeereling Maides if not before initiated yet to Apollo Iupiter Olympius Neptunus Isthmichus Iuno Pallas Priapus and the Gods in generall by our Authour produced were other Tithes consecrated and that by diuers countreys and by particular great men From the generall Custome then and no such particular in all reason must the inference proceed since in these last was truely Tithing by separation from naturall vse but in that no Tithe separated no not the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but euen initiated to naturall course Suidas therefore and Didymus illation haue greater propabilitie especially in regard of the generall sentences from common practise But hauing perused the Authours themselues Harpocration and Hesychius and Suidas what I coniectured I found true namely that the proper reason of the like signification of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was from the generall and not such particular custome which in a Metaphoricall and priuate sence of Lysias onely is but there intimated The relation of the words of Harpocration who Suidas followeth almost ad verbum will make it euident In verbo 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Didymus the Grammarian writing a little booke concerning this word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 saith that Lysias in his Oration De Phrynichi filia saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to consecrate to Diana But hee saith that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is said properly to consecrate because it was a Graecian custome to consecrate to the Gods the Tythes of all their increase not onely abudance as the Authour doeth interprete In like sort the Orator Lysias said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because the Maides of Tenne yeeres old were consecrate The proper signification therefore of the word is censured by the Author and the priuate onely embraced which his other Authour also Hesychius doth declare who in the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 according to his custome hauing proposed the most proper significations as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 To pay Tribute to offer Tythes he addeth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But some also haue called To consecrate to Diana to Tythe Not therefore Suidas and Dydimus are deceiued but himselfe euen by the Testimonie of his owne Authors And herein he hath plainely shewed his desire to weaken the naturall both right and practise of Tything But foreseeing it may bee such discouery of his Criticall falshood now the sayings of those two deceiued must bee interpreted and their speach of generall Custome must bee contracted to the particular vse of some so that the sence is Many men did so If Paulus Diaconus might haue had so fauorable Interpretation hee had scaped many hard wordes and his wordes would haue borne it But to admit his Interpretation still I must require some reason Why so many should so doe vnlesse nature had instructed their religious Idolatrie Num. 5. Concerning the Carthaginian and Arabian practise I haue only this passage to obserue the Confession of the Historian of their deriuing this vse from the Iewes The Arabians from the Iewes as Neighbours and the Carthaginians from the Phoeniceans their Ancestours who spake the same language with the Iewes and conuerst most with them And besides this coniecture for the generall that it is not vnlikely that the ancient and most knowne example of Abraham gaue the first ground both to them and the Europaeans so sometimes to dispose their Tenth of the spoiles of warres to holy vses And from him sure or some former law their other Tything had originall But why Abrahams example should leade them vnlesse Abrahams Reason the law of Nature illightned by religion in him had also possessed them I know not I le therefore conclude this Chapter with that of the Satyricke Inuent Satyr 14. Nunquam aliud Natura aliud Sapientia dictat Nature and wisedome alwayes teach the same And so leauing his quotations to be examined by those who haue such leasure and Bookes contenting my selfe onely with what his owne Relation hath affoorded and thereout my selfe collected I passe vnto his next Chapter in which and those that succeede I shall endeuour more exactly to trace him though by way of Animaduersion yet so as no materiall passage shall bee omitted but either haue the due Commendation or Censure ANIMADVERSIONS on the fourth Chapter THe Methode of the Historie is to shew P. 35. Num. 1. first the practise secondly the positiue Lawes thirdly the opinion of the right of Tythes according to the distinction of Ages Euery Chapter containing the distance of 400. yeeres And in this Chapter the first 400. yeres from Christ are treated of Wherein by way of Preface for the practise this is his assertion Till towards the end of the first foure hundred yeeres no payment of them can bee prooued to haue beene in vse As a Tenth not at all in vse P. 34. P. 406. In the Reuiew It cannot bee prooued that any were paide Animad 1 Not to inferre the practise from the Constitutions or Homiliarie perswasions of the powerfull primitiue Fathers which yet with great probabilitie I might presupposing the obedience of those first Christians to their godly Pastours nor to confesse the inconuenience of those dayes of persecution for so certaine a maintenance But to insist vpon Testimonie Origen whose opinion is plaine in the 18. Hom. 16. in Genes of Numb for the right saith for the practise Sed in Nouo Testamento similiter veneraebilis est Decas verum quia vnus
or lib. 4. Epist. 5. veteris Edit he could not haue so erred For there St. Cyprian writing to his Church of Carthage to entertaine Aurelius and Celerinus Confessors whom he had already made Lectores he addeth Caeterum presbyterij honorem designasse nos illis iam sciatis vt Sportulis ijsdem cum presbyteris honorentur But vnderstand that I haue an intention to make them priests that they may be honoured with the same sportulae that is stipends as priests Is not heere an euident interpretation of the phrase in honore Sportulantium fratrum to be no other then such qui in Ecclesia Domini ad ordinationem Clericalem promouentur who in the Church of God are promoted to the order of Priests as in the words before in the Epistle For whereas those that were not in orders were content onely alimentis Ecclesiae sumptibus parcioribus Lib. 1. ep 10. with foode some small allowance as the same Father Yet those in orders had besides honourable stipends which were called Sportulae So that heere Sportulae can not signifie offerings and so in both the sense was mistaken Sportula P. 38. to denote the oblations giuen to make a Treasurie for the Salaries and maintenance of the Ministers of the Church for this primitiue time And to this purpose was it also vsed in later times Conc. Chalcedon in libello Samuelis aliorum contra Iban Et Videsis Tom. 3. Concil fol. 231. c. 31. Editionis Binnij penultima Animad 8 That Sportula did not signifie any such oblations is shewed before and the quotations of the later times are much wronged and in them the Clergie whose maintenance must arise out of Bribes or bee so if his sence might stand For in both places Sportula signifieth nothing but Bribes the words of the first are Tertiodecimo quia à Paganis incidentibus in peccatum sacrificiorum accipiens Dainel Episcopus Sportulam relinquit crimen negocians hinc sibimet lucrum 13 Because Daniel the Bishop receiuing of his countrey dwellers that fall into the sinne of sacrificing to Idoles Sportulam that is a bribe leaueth the fault vnpunished euen thence raising gaine to himselfe The words of the second being in Concilio in Palatio Vernis sub Pipino Can. 25. Vt nullus Episcopus nec Abbas nec Laicus propter iustitiam faciendam Sportulas contradictas accipiat quia vbi dona intercurrunt iustitia euacuatur That no Bishop Abbot or Layman receiue Bribes which are forbidden for where gifts are there is no iustice I am sorry the Author should allot such wicked maintenance for so holy a profession By Saint Cyprians authoritie Epist 66. Edit Pam. or lib. 1. Ep. 9. It is manifest that no payment of Tithes was in his time in vse although some too rashly would hence inferre so much those wordes tanquam decimas accipientes plainely exclude them Animad 9 These cannot exclude the paiment of Tithes then if hee will consider their liuing together either at the Bishops Sees or at some Monasteries at the prouision of the Bishop by his Officers as himselfe confesseth the vse p. 81. 255. Of which Officers they did not onely receiue alimenta but also Sportulas as before For then vnlesse hee can prooue no paiment of Tithes to the Bishop who besides the Sportulae of the Clergie was also to contribute to the poore his inference is nothing And the phrase In honore sportulantium fratrum tanquam decimas ex fructibus accipientes is such by which he must needes inferre rather more then lesse because hee acknowledgeth that the meanes of the Clergie being compared to the Leuiticall was proportionable and yet besides the poore were relieued heere as out of the Leuites they were not But the Tanquam was not for the proportion which might bee equall but for the kindes they receiuing in Sportulis in money and food what the Leuites did in kinde and therefore it is not said onely Tanquam Decimas but it is added ex fructibus to expresse the relation of the comparison But for conclusion that Tithes were paied there besides the place next to bee obserued the passage of Saint Augustine before Maiores nostri Decimas dabant being in the Prouince of Carthage may well haue respect to these times Saint Cyprians Martyrdome being not an 100. yeeres before the birth of Saint Augustine But in his Reuiew about this place he contendeth not much neither more will I. P. 39. Out of the place of Cyprian in his booke De vnitate Ecclesiae § 23. in edit Pamel You may gather that no vsuall payment was of them And in his Reuiew not Tithes properly but Tenths of Patrimonies are vnderstood The words are At nunc de Patrimonio nec Decimas damus P. 460. Animad 10 The Authour acknowledgeth the oblations were lesse then vsually before and therefore that Saint Cyprian expresseth their neglect in these words no doubt of a Christian duetie of paying Tenths at least though according to Apostolicall practise they would not sell all and lay it at the Bishops feet Now that these Tenths were of Annuall increase not partes of patrimonies besides the Legall word Decimas so properly signifying and the praeposition De Pag 37. denoting emanation not partition the crossing of his doubting of the gift of lands before pointed at might well haue procured the alteration of so new an interpretation especially since by the true sense St. Cyyrians complaint may haue more latitude because they were so farre from selling houses and lands to giue as in the Apostles time vnto the Church that now not so much as the Iewes did they gaue not the Tythes out of their patrimonie For otherwise to haue giuen the Tenth part of their patrimonie might in the sentence of eloquent Saint Cyprian haue made no disproportion since he doth not say before Domus tunc fundos omnes or vniuersos venundabant which should haue shewed the difference from Tenth parts of patrimonies and a great rich man might haue giuen Domus fundos and yet but the Tenth part of his patrimonie and so haue made the Father complaine without cause But lastly if of the most St. Cyprian did not receiue Tenths then hee might seeme to preach without power to perswade practise For all the confident speach therefore of the Historian that no Annuall encrease or such Tenth is heere to bee vnderstood I hope the contrary is manifest Christian Emperours Gratian Valentinian and Theodosius Num. 2. C. Tit. de Mâ—tallarijs l. 3. cunct c. Anno 380. made lawes for Tenths of Mines and Quarries for the Emperours when no Tythes of such things was thought of then Animad 11 But he forgets St. Ambrose who claymed and had euen Tythes in those dayes as himselfe confesseth in the beginning of the next Chapter who liued and conuersed with those Emperours and by them was highly honoured And as for that law what neede it expresse any Ecclesiasticall
the doctrine of their Homilies is the more plaine trueth and the trueth of Disputation but onely ad oppositum In the one powerfully perswading trueth in the other punctually refuting errour To discredit them therefore because Homilies is a prophane censure as if they did publish other then Trueth in Sermons and would impose any thing vpon the consciences or credulities of their hearers which in Disputation they durst not defend S. Hieromes authoritie ad cap. 3. Malachiae Pag. 55. is said to be about the neglect of payment onely not the right of them And he addeth Who hence thinketh that his opinion agrees with S. Augustine and S Ambrose concerning the duenesse may as well inferre that all men were still bound to sell all they had he speakes onely as admonishing Christians to giue their Almes to the poore and double honour to the Priest leauing the quantitie to a Christian libertie Animad 13 For the first who can imagine that without right and that from God he would reprehend the neglect of paiment so by the command of God But his wordes are plaine Quod de Decimis Primitijsque diximus quae olim dabantur à populo Sacerdotibus ac Leuitis in Ecclesiae quoque populis intelligite quibus praeceptum est non solum Decimas dare Primitias sed vendere omnia quae habent dare pauperibus sequi Dominum Saluatorem quod si facere nolumus saltem Iudaeorum imitemur exempla vt pauperibus partem demus ex toto Sacerdotibus Leuitis honorem debitum deferamus What wee haue spoken of Tythes and First-fruits which heretofore were giuen by the people to the Priests vnderstand the same in the people of the Church who are commanded not onely to giue Tythes and First-fruits but also to sell and giue vnto the poore which if wee will not doe at leastwise let vs imitate the example of the Iewes that wee giue some part of the whole to the poore and we impart due honour to the Priests and Leuites Here our Author stayes And secondly for his inference see First how crosse hee is vnto himselfe who said that this passage was about the neglect of payment of Tythes and yet now they are no Tythes Then how fraudulent in the Translation of Debitum honorem for double honour to haue reference to the Apostle whereas this word debitum hath reference to Tythes and First-fruits before Thirdly his falshood in equalling alike the precept of Tything to the Priest with that of selling all giuing to the poore wheras S. Hierome by way of fauour remits therein totum pro parte but requireth for the Priest debitum which before he said was Tythes and First fruits Nay chiefly his falshood in omitting the words following Quod qui non fecerit Deum fraudare supplantare conuincitur Which he that doth not is conuinced to defraud and cozen God lib. 1. de clericis cap. 26. Vpon which let Him heare Bellarmine our aduersarie in this cause also whose authoritie twice hee nameth Etsi B. Hieronymus dicat esse praeceptum vendere omnia dare pauperibus intelligit esse praeceptum non absolute sicut de soluendis decimis sed si quis perfectus esse velit Nam de isto subdit quod si facere nolumus c. De decimis autem dicit Quod qui non fecerit Deum fraudare supplantare conuincitur Although St. Hierome say it is a praecept to sell all and giue to the poore yet hee vnderstands not the praecept so absolutely as that of Tythe paying but vpon supposall of desire of perfection For of that he saith which if wee will not doe c. But of Tythes he saith that he that doth not that is conuinced to defraud and cozen God But for conclusion of St. Hierome is it not strange that his non solum his praecept of not Tythes onely but all should bee vsed to inferre that not Tythes at all are commanded St. Hieromes authoritie therefore is certaine and if wee conceiue how hee was the interpreter of Origens former Testimonie wee may better beleeue his opinion for the duenesse Pag. 56. The authoritie of St. Chrysostome Hom. 43. Epist 1. ad Corinthios is diuerted by the same shift in that he speaketh not determinately for the Quota Animad 14 Yet though in that place it be not determinately for the Tythe yet is it for the more by perswasion or at least for Tythe in opinion How may not his authoritie then heere and elsewhere bee a Testimonie for his opinion of Tythes due whereas he pleaded duety for more but leaueth no libertie for a lower proportion I feare they will not follow his perswasion for the greater portion to be giuen who will not admit his opinion for the lesse but rather would take away all Collat. 21. cap. 29. But let Cassians Abbot determine this Non ab ijs decimarum exiguitas mutilatur quia omnia sua pariter Domino obtulerunt The small proportion of Tythes is not paired by those who giue all The authoritie of St. Gregorie the Great though admitted Pag. 57. Reuiew pag. 467. in the booke for the right of Tythes yet in the Reuiew his comparison of the Tythe of Dayes in Lent is counted slight and nothing to the purpose which He prooueth not onely by the abused libertie of calculation of but also by the various custome of both East and West Churches in the times of fasting some more some lesse and thereupon the Canonists are reprehended Animad 15 But hee might as well haue reprehended his Holy Abbot Iohn in Cassian Collat. 21. Cap. 25.27 28. Can. 9. In doctrina 15. where he is euen curious in answering His obiections both of the Calculation and diuers vse And the 8. Toletan Councell And before these St. Dorotheus Abbas and others before the Canonists yet in this I define nothing but onely point out Cassians Abbot to answere his reasons Concerning Positiue Lawes first Pontificiall and Synodal although he acknowledgeth but one Councell and that the 2. at Mascon Can. 5. P. 57. c. which Councel saith he hath no small testimonie aswell of ancient practise in paying of Tithes as great opinion of their being due Yet hee excepteth against it as being supposititious First because not receiued into any olde Code of the Canons in any of the ancient Compilers though in Isidore which is the full st some other Synods of the Continent of France are as of Orleans of Arles of Agatha Secondly P. 58. P. 65. because Frier Crabb was the first publisher Thirdly as pag. 65. because Agobaddus saith I am vero de donandis rebus ordinandis Ecclesiis nihil vnquam in Synodis constitutum est nihil à sanctis Patribus publicè praedicatum Now concerning the giuing of goods and ordering or endowing Churches nothing hath bene decreed in Councels nothing hath bene promulgated by the holy Fathers The first reason is very peremptory
assignatus The profit of Tything assigned to other Churches as Concil Mogunt c. 16. q. 1. cap. 24. Locus vbi Decimae fuerant antiquitus consecratae The place where Tythes were anciently paid Concil Metens Circ Ann. 890. cap. 2. Decimae quae singulis dantur Ecclesiis Mogunt Circ Ann. 846. cap. 10. Tythes which are giuen to each Church Animad 2 But first all those Canons are against Arbitrarie Consecrations and secondly the phrases doe not aime at them The first Canon is Si quis Laicus vel Clericus vel vtriusque sexus persona proprietatis suae bona vel res alicubi dare delegauerit Decimationum prouentum priori Ecclesiae legitimè assignatum inde abstrahere nullam habeat potestatem If any Lay or Clergie man or of either sexe any intend to giue his proper estate or goods to any place let him haue no power to take away the profit of Tything anciently assigned to other Churchs So he might not giue his Tythes though he might his land by reason of Parochiall right And for the phrase that this legitimè assignatum was by the Bishop not Patron obserue both reason and authoritie euen for the phrase 1. If the Bishop might only dispose of Church reuenue as before is proued and specially of Tythes as in Concilio Ticinens Ad Annum 855. In Sacris Canonibus praefixum est vt Decimae iuxta Episcopi dispensationem distribuantur Quidam autem Laici qui vel in proprijs vel in Beneficijs suas habent Basilicas contempta Episcopi dispositione non ad Ecclesias vbi Baptismum praedicationem manus impositionem alia Christi Sacramenta percipiunt decimas dant Sed vel proprijs Basilicis vel suis Clericis pro suo libitu tribuunt Quod omnimodis Diuinae legi sacris Canonibus constat esse contrarium It is determined in the holy Canons that Tythes should be distributed according to the dispensation of the Bishop But some Lay men who either in their owne lands or Benefices haue Churches of their owne neglecting the ordination of the Bishop pay not Tythes to the Churches where they are baptized taught confirmed and haue other Sacraments but pay them at their owne pleasure to their owne Churches or Clerkes which manifestly is altogether against the law of God and the Canons Nay the Councell of Agatha An. 506. c. 22. saith Rem Ecclesiae sicut permiserūt Episcopi teneant Ciuitatenses siue Dioecesani presbyteri vel Clerici Let the citie or Diocesan Clergy haue the estate of the Church as the Bishops haue granted or suffered No lawfull assignation then but by the Bishop 2. The Bishop was interessed in a third or fourth part of Tythes in speciall as Concil Toletan 4. Can. 32. Iuxta priorum authoritatem conciliorum tam de oblationibus quam Decimis tertiam consequantur According to the authoritie of former Councels both of Oblations and Tythes let the Bishops haue the Thirds And Concil Parisiens ann 829. lib. 1. cap. 31. Quanquam Canonica authoritas doceat vt quarta pars decimarum in vsus Episcoporum cedat Although Canonicall authoritie teacheth that the fourth part of Tythes must belong to the Bishops Nay these had right to all Tythes not assigned as Addit ad Concil Lateran part vltim cap. 40. How then might any Translation be without him 3. Since the limits of Parishes were assigned by Bishops Ecclesiastica ordinatione Statuti as Vrbanus the third Tit. de Parochijs cap. super eo why not the assignation of Tythes Videsis Grat. c. 13. q. 1. But the very phrase is in Gratian. C. 16. q. 1. cap. plures baptismales Ius ergo Ecclesiarum ita interpretandum est vt nisi Episcopo disponente alijs Ecclesiis fuerit assignatum c. The right of Churches therefore is so to be vnderstood that vnlesse by the disposition of the Bishop it be assigned to other Churches c. Where the assignation in the Translation is And Alexand. 3. Addit ad Concil Lateranen par vlt. cap. 40. To the Bishop of Brixia Decimas retentas si infra certam alicuius Parochiam fuerint◠eidem Ecclesiae facias assignari Cause those Tythes which are withhelde if they be within a certaine Parish to be assigned to that Church And from the beginning the Bishop who as the common Treasurer parted with the custodie of such Reuenue due to his Episcopall office at the consecration of each Church both receiued the Dowrie from the Patron and assigned the seuerall circuit for the offering of oblations and the hauing Church seruice Animad 3 The second Canon is out of the Councel at Meaulx The words are cap. 2. Ideo statuimus vt deinceps nemo Seniorum de Ecclesia sua accipiat de decimis aliquam portionem sed solummodo Sacerdos qui ibi loci seruit vbi antiquitus decimae fuerint consecratae Therefore wee decree that from hencefoorth no Seigneur take any part of Tythes but onely the Priest that serueth there where the Tythes were anciently consecrated Here is no right of Translation by the Patron much lesse of Consecration But here indeed it is no more then anciently payed Antiquitus consecratae Ecclesiis antiquitus constitutis as in the 4. In Concil in Palatio Vern sub Pipin ann 755. and Capit. lib. 5. cap. 230. lib. 6. c. 105. Councell of Arles the Churches are called It being therfore in the Bishops power and not in the Patrons to allow Baptismall Churches which had the right of Tithes No arbitrarie consecration therefore can be inferred which is opposed by the Canon but onely forbidding of sacriledge to take away what did anciently belong to such Churches Animad 4 The 3. Canon is in the Councell at Mentz vnder Rabanus the Archbishop where the words are Volumus vt Decimae quae singulis dantur Ecclesiis per consulta Episcoporum à Presbyteris ad vsus Ecclesiae pauperum summa diligentia dispensentur Wee will that the Tythes which are giuen to each Church by the aduice of the Bishop be disposed by the Priests with great diligence to the vse of the Church and the poore which is also before in Concil Turonens 3. anno 813. Can. 16. But that this giuing was not voluntary but necessary the precedent Lawes both Spirituall and Temporall may inferre whereof one in this page sayth Per iustitiam debentur They are due of right And that the Bishop had an interest in them appeares in the next Canon of the same Councell And as for the necessary duety hee confesseth it in the next words out of the Canon of Leo the 4. c. 16. q. 1. De Monachis cap. 45 c. 56. saepe in Capitularibus To which may be added the Councell Meldens c. 48. vt vici Ecclesiae Baptismales authoritatem priuilegia debita retineant That the Parishes and Baptismal Churches may retaine their authority and due priuiledges Nay Tythes in speciall were so due as no Tythes Hinemarus in
oper 55. capit cap. 1. Lib. 1. cap. 7. no Seruice and that secundum antiquam consuetudinem Nay the Capitul of Charlemain in the Edition of Vitus in his eleuenth yeere hauing the same phrase yet inioyneth a necessitie De Decimis vt dentur dare nolentes exigantur Of Tythes that may be giuen and they that will not giue may be inforced Ad Cathol Ecclesiam lib. 1. The words of Saluianus Massiliensis are here fit Si deuotus da quasi tuum si non deuotus redde quasi non tuum Ad opus Sanctū hortatione inuitaris exactione constringeris Da si vis Redde si non vis If thou be deuout giue as if it were thine owne if not deuout restore as if not thine owne To a holy worke thou art both exhorted and enforced If thou art willing then giue if vnwilling then restore But that such consecrations of Tythes Pag. 72. not established by a Ciuill Tythe made to the Church of another parish were practised and were in force at the lay-owners choice Hee prooueth plainly as he saith by a law but not put in execution for punishment of such consecrations And the law is leg Longobard lib. 3. Tit. 3. c. 7. in Addit 4. ad capit cap. 173. The words are Quicunque decimam abstrahit de Ecclesia ad quam per Iustitiam dari debet eam praesumptuose vel propter munera aut amicitiam vel aliam quamlibet occasionem ad aliam Ecclesiam dederit à Comite vel à Misso nostro distringatur vel eiusdem decimae quantitatem cum sua lege restituat Whosoeuer taketh away Tythe from the Church to which of right it is due and praesumptuously either for reward or loue or other occasion shall giue them to another Church let him bee distrained by our officer or restore the Tythe with the forfeiture Animad 5 But that Hee is heere mistaken himselfe will iudge if hee looke to the vnderstanding of this Decima by the Capit. lib. 5. cap. 145. cited before in the answere of the fift Reason in Charles Martels Storie where hee shall finde this Decimae though a true Clergie Tythe yet of Benefices and Infeodations alone which were per iustitiam debitae And that such Translations of them were not in force the word praesumptuosè mee thinkes doth inferre Neither could such Benefices haue had much practise of such translations since they were euen so lately practised in Pipins Time the Father of this Charles whose Capitularie this is for it is not Lotharius his as the former Capitularie can testifie Pag. 73. Hee further would inferre it out of another prohibition against Parsons who vnder paine of depriuation capit lib 7 cap. 141. were commanded not to perswade parishioners to come to their Churches and to giue them their Tythes And the like is in Synodo Ticinensi c. 16. q. 1. c. in Sacris Canonibus against such that vsed to giue away their Tythes alijs Ecclesiis pro libitu Animad 6 First therefore it appeares such practise was condemned and sentenced with depriuation and iudged to be contrarie to the Canons and Gods Law Nay also with imprisonment as Theodulphus Aurelianensis in his Epistle num 14. doth declare which is published with Hincmarus his Epistles by Busaeus Concerning which obserue the Law of Lambert the Emperour decreed in Concilio Mutinae De Regno Italiae lib. 6. Anno 898. as Sigonius doth relate Si quis Sanctorum Patrum regulas contempserit gloriosissimorum Imperatorum Caroli Ludouici atque Lotharij Ludouici filij eius de decimis in eorum Capitularibus statuta sancita non obseruauerit easque alibi nisi in Baptismalibus Ecclesiis absque consensu Episcopi dare temptauerit vel retinere praesumpserit qui dat ijs qui recipit eisdem cōstitutis percellatur If any shall despise the rules of holy Fathers and not obserue the ordinance and statutes of the glorious Emperours Charles and Lewis and Lotharius and Lewis his sonne concerning Tythes in their Capitularies and shall dare to pay them to any but to the Baptismall Churches without consent of the Bishop or shall praesume to retaine them both he that giues and hee that receiueth them shall vndergoe the same penaltie Although therefore it might be a practise yet sure not of many since the reason was so bad and not in force because so condemned But yet in the First that is the Capitular Parochiall payment is praesupposed and prooued so that there can be no consecration though translation for it seemes by this they thought that as Tithes in generall were due by distributiue iustice so in speciall to this or that place they must be paied by commutatatiue iustice and therefore principally they forbade the sollicitation to come to their Church because from the partaking of their seruice the performing of their Tithing to them would follow which was prohibited for that it proceeded out of a couetous and iniurious minde to gaine by others losse As also in Concil Cabilon sub Carolo Magno Can. 6. 7. Those Priests are condemned who out of couetousnesse would perswade Lay men Vt abrenunciantes seculo res suas Ecclesiae conferant That they would forsake the world and giue their estate to the Church This Canon therefore as some other constitutions forbade the admitting of them to their Church The Capitularie libr. 1. cap. 143. Not to admit any but their owne Parishioners vnlesse iourneying or following suits of Law And in the same booke cap. 154. That none shal sing Masse before or receiue Tithes of a stranger Nay in Concilio Nannetensi C 1. to enquire if any stranger bee in the Church at Seruice and cast him out By which I am perswaded their care was to preuent the stragling humour of some then Puritane conceipt whose persons and contributions are not at their owne Churches that so thereby the Parochiall profit or credit might not bee diminished Ne occasio tribuatur euagandi Diuina extra Parrochiam audiendi say the Canonists Lest occasion might bee afforded of wandering or hearing Seruice out of their owne Parish Animad 7 And in the Second the Councell of Pauie The Canon is repeated ad pag. 72. it appeareth manifestly that the Bishops disposition of them was before though contemned by such irregular vngodly people And they were but Quidam whom the Councell censureth so sharpely and desireth the secular Magistrate to correct them Small force therefore in such giftes which were so condemned But next he proceedeth to examples of such consecrations out of Manuscript Chartularies in Thesauro Cottoniano and first out of those of Vtrecht in the time of the elder Pipin Charles Martell Carloman Animad 8 Where note in their time were Tithes yet such Tithes as if I vnderstand them rightly are not De iure but indeed voluntarily vouchsafed namely a Tenth of the Kings Custome in Slaues in Lands in Tolles in Merchandize or any such things
predecessours who gaue them Another consecration hee alledgeth Anno 1124. Pag. 77. And in stead of all others which no doubt were most frequent Epist lib. 2. p. 435. a confirmation of seuerall Tythes in Innocent the 3. with reference to many other quotations Animad 13 But all these were by consent and confirmation of Bishops or Popes for else of themselues they could not bestow them as the same Innocent speakes c. Dudum Extr. de Decimis speaking of Tythes Donatores non conferre potuerunt alijs quae ipsi de iure noÌ„ poterant possidere The Donors could not bestow on others what they themselues could not lawfully enioy But Innocent the 3. in Serm. 3. de Dedicat. Templi Tom 1. Pag. 78. p. 83. saith it where he doeth reprehend such consecrations which were very common and allowed in fact by the Pope and Ordinaries as saith the Author Animad 14 In that Sermon of Innocent the 3. he will needs interprete Indigentibus to signifie in that place Monkes as if Innocent had pointed at the custome of consecration to Monasteries The words are Grauiter peccant qui Decimas Primitias non reddunt Sacerdotibus sed eas pro voluntate sua distribuunt indigentibus They grieuously sinne who render not Tythes and First-fruits to the Priests but distribute them as they list to the poore Now that this word must signifie not the Monks though sometimes they were called pauperes is euident both by the circumstance of the place which each man that reades may perceiue And by the phrases in this sentence both where he saith Grauiter peccant which because such consecrations were not yet in the Councell restrained by him he could not well haue said and againe the word distribuunt doeth not sauour of consecrations but of voluntary though sacrilegious bestowing of it Againe the occasion of such reprehension surely was the same with that of his Decretall Epistle cited pag. 144. Tom. 2. Episto larum lib. 2 â—ag 483. of the Archbishopricke of Matera where the lay-occupiers did vse to diuide their Tythes at their pleasure and arbitrarily one part to the Church part to the poore part to their kinred where poore cannot signifie Monkes Or with that other where the complaint is that some Extr. de Detimis c. Tuanobis De portione Fructuum partem decimae separantes eam Capellis suis aut alijs Clericis aut etiam pauperibus conferunt vel in vsus alios pro sua voluntate conuertunt Of the portion of their Fruits seuering part of the Tythes they bestow it vpon their Chappels or their Clerkes or on the poore or at their pleasure conuert them to others vse And these poore are not Monkes why then the other But lastly since Monks could not receiue Tythes at lay-mens hand at the pleasure of them without consent of the Bishop how can they bee thought grieuously to offend in giuing that to Monks which Monkes could not receiue as elsewhere out of the Canons is shewed And by the way hee that heere would haue Indigentes to signifie not the lay-poore but Monkes before pag. 46. in the Testimonie of Iohn the Abbot in Cassian will haue pauperes onely to signifie the lay-poore Whereas Monkes of whom some were in Orders are there principally vnderstood which besides the quotation of the Law of Moses the very condition of his office that hee was an Abbot might insinuate But Hee proceeds and inferres that from the opinion of these arbitrarie consecrations such conceipt was of praescription thence and that amongst great men of the Clergie That Tythes of increase long payed by a familie were due whither soeuer it was transplanted as if the continuall payment had so for euer bound it that it might not pay them otherwise This was the opinion of some Bishops in the Patriarchate of Grado as wee may see by the same Pope Innocent his reprehension of them Decretal Ep. lib. 1. pag. 83. and of others elsewhere also Extr. De paroch cap. 5. significauit Animad 15 Heere First you see how He would prooue a right from what was reprehended and that in the opinion of the time And Secondly in the first quotation onely personall Tythes were claimed not Tythes of praediall increase Thirdly the Antiquitie of their claime euen to Proaui no newly created Tythes then And Fourthly not out of bountie but duetie for how else would they extorquere All which Hee would willingly denie But the words are plaine Quia Patres eorum Aui Proaui decimas ipsis aliquando persoluerunt Because their Fathers and Grandfathers and Great-grandfathers sometimes payed them Tythes Which phrase is after repeated Now persoluere doth praesuppose debitum not datum a necessarie payment not arbitrarie consecration whereupon they did ground their praescription vpon which they so violently required and would haue extorted Tythes Animad 16 But the other quotation Extr. de Paroch c. 5. significauit is wholly mistooke being for Iurisdiction not Tythes Next Pag. 79. Capit. lib. 5 cap. 49. Concil Mogunt c. 16. q. 7. c. 7. Leg. Longob lib. 3. Tit. 3 cap. 8. Hee prooueth the practise of Arbitrarie consecrations by the power they tooke of selling them as by the phrase Redimere Decimas in diuers Capitulars and Synods de Decimis quas populus dare non vult nisi quolibet modo aut munere ab ijs redimantur Concerning Tythes which the people will not giue vnlesse by some meanes or gift they may bee redeemed of them Animad 17 Where First is a plaine reprehension nay in all the quotations besides the censure of the Church and distresse of the Magistrate the appearing before the Emperour was inioyned vpon contumacie whereas yet for the Parson by consent of the Bishops for to sell them was lawfull as lib. 7. cap. 152. And Secondly these Tythes were Infeodations and therefore being letten might be expected to be redeemed as after he confesseth the phrase Redimere P. 3. q. 51. M. 6. Art 4. to signifie in Alensis and as in the Iustification of Charles Martels Historie I haue shewed And Thirdly hey must needs be vsurpations praesupposing still a former possession in the Clergie for so is the sense of redimere not onely to purchase but to redeeme what was lost or left Epict. 12. so in Iuo the phrase is vsed Redimere altaria when lay-men vpon the death of the Parson who demised Tythes vnto them were faine Redimere altaria To purchase the Church Reuenue againe whereby the Chimera of arbitrarie consecration of Tythes not already consecrated which hereby and from the former he would inferre is annihilated But that they were before consecrated euery authoritie prooueth as we haue obserued in the particulars Num. 3. Of Appropriations Pag. 80. Proceeding to shew how lay-patrons did not onely arbitrarily consecrate Tythes which were not before consecrated but euen in those that were exercised a power of disposing by appropriation He first proposeth the originall
allowances of the Priest and vsurpe them to themselues and Quod Ecclesia cum omnibus pauperibus potest habere commune as Iuo Epist 192. Cap. 3. Quod Ecclesiam non grauet as Toletan 3. what is not burthensome to the Church And fiftly because these Donations to them at first seemed to be but for the life of the Donor for Bishops might renew them Aurelian 5. can 15. and Titulo de Decimis c. dudum And for the Parson that he might reade Adrians Epistle in Addit ad Concil Later part 13. c. 11. which I am perswaded was the intent of that time For else what need of such successiue confirmations And if they might not infeodate for longer why might they quite giue away But that they did infeodate or make leases but onely for their time besides the Testimonie of Iuo Epistola 12. the obseruations of Franciscus Iuretus vpon him make it manifest Leg. Longob lib. 3. tit 10. cap. 2. 4. Pag. 656. 663. 10. q. 2. de praecariis quae a. And before the quotations there the Lawes of Hlotharius may testifie vpon which graunt the praescription of fortie yeeres incurring did make a perpetuitie videsis Hincmarum in Dialog de statu Ecclesiae and Gratian out of a Councell of Carthage And lastly because not the right but the Tythe it selfe was conferred on them for which onely they could plead not from the gift of the Patron but concession of the Bishop and Patron who must also concurre to iustifie the Title of their enioying as after out of the Chartularies of Rochester shall appeare These reasons besides those other pretences of prayers and other exercises of Deuotion may seeme to reason the charitie though wee may call it superstitious prodigalitie of those ages in the Collation of Tythes to Monkes though they might not misconceiue of the Diuine right of payment which after is inferred nor praeiudice the Clergie in the right in the possession of them As for the pretence of hospitalitie why they had Tythes Pag. 108. P. Damianus is cited lib. 2. Ep. 14. The words are Enimuero vt copiosiora in pauperes alimenta proficiant dantur in Monasterijs Eremicis decimae quorumque prouentuum non modo pecorum sed ornicum pariter ouorum For that there might be better fare for the Poore There are giuen in Monasteries and Hermitages Tenths of all prouision not onely of Cattell but of Foule and Egges Animad 49 The place of P. Damianus I well vnderstand not yet I suppose by this no gift of others to Monasteries but the Tenth of the Reuenues of all things in Monasteries are to encrease the prouision for the Poore The words before and after are not vnlike to that in Concilio Aquisgranensi sub Ludouico Pio where the Councell commanding some place to be prouided for the poore where they may be together it decreeth vt de rebus Ecclesiae tantum ibidem deputent vnde sumptus necessarios habere valeant exceptis decimis quae de Ecclesiae villis ibidem conferuntur That of the Church estate they would appoint so much there whence the poore may haue necessarie expence excepting the Tythes of those Villages which are bestowed Animad 50 The Stories in Lambertus Schaffnaburgensis c. both shew the Episcopall and Parochiall right claimed and the irreligiousnesse of the Turingians to take all occasions to defraud God Pag. 111. Yet for that the Author citing him Anno 1073. ends his quotation with this Gaudentibus Thuringis quod occasionem inuenissent vt traditas sibi à Patribus leges manu militari tuerentur The Thuringians reioycing that they had got occasion to defraud by hostilitie the lands of their Fathers as if their traditae à Patribus Leges The Lawes of the Auncestors were against Tything Adde therefore the next words Et dolente Rege quod dum decimis immoderatiùs inhiaret pene regnum cum vita amisisset The King grieuing that while he gaped after Tythes he had almost lost his life and kingdome and euery one then may plainely see they meant Subiection not Tything Besides Lambertus was aduerse to the Emperour and a Monke of Hersfeldt for which Monasterie was the warre it was their owne case Infeodation by him doth signifie the conueyance of perpetuall right of Tythes into Lay hands Now that such were Damianus is alleadged Lib. 1. ep 10. lib. 4. ep 12. Insuper decimae plebes adduntur in beneficium secularibus Besides Tythes and parish Churches are infeodate to Lay-men Animad 51 Where note they are let from the Church and if beneficium may signifie an infeodation as in Damianus he doth interprete it then that which next followes namely Animad 52 That they that referre them to Charles Martells time 112. or any age neere him are in great errour is a great errour For besides the times of Charles Martell whereof before in the times next succeeding besides the testimony of those there cited in the Glossarie Leg. antiq verbo Beneficium there out of the life of Saint Gothard Episcop Hildesemensis it is related how in the contention of Lewis the first with his sonnes the possessions of the Monasterie Altahense pro voluntate eorum qui sic debacchabantur Beneficij immo Maleficij nominie adtribuebantur At their pleasure who were so outrageous they were bestowed as a Benefice nay rather as a Malefice But I le referre the Reader to that storie of C. Martell And here Krantzius libr. 4. it should bee libr. 1. Pag. 112. Metrop cap. 2. in the Margine hath this scorne laid vpon him Mandrabuli ad morem coniecturas de hac re infoeliciter adfert And P. 117. he saith He ignorantly coniectureth Animad 53 Whereas his relation of the originall of infeodations from Charles Martell is true and his coniecture that the Clergie did Cum non satis fiderent sua iura à Laicis Principibus tueri partem Decimarum Principibus in manum dare per speciem feudi beneficij malentes amittere dimidium quà m totum When they doubted the defence of their rights by Lay Princes that they infeodated part of their Tithes to Princes willing rather to lose something then all is not so vnprobable to him who shall reade the Decree of Pope Eugenius 2. in Concilio Rhemensi circa annum 826. Authoritate Apostolic â prohibemus vt nullus Aduocatus praeter ius Beneficium antiquitùs aliquid sibi accipere vel vsurpare praesumat We forbid by Apostolike authoritie that no Aduocate besides his ancient right and fee should not presume to take or vsurpe any thing to himselfe Where Beneficium antiquitùs seemeth to be giuen to the Aduocatus or Defensor or Vicedominus who Lib. 5. cap. 3. lib. 7. c. 338. as the Capitularies say was to bee procured from the Emperour and shall further conceiue vnder pretence thereof what interest these Aduocates vsurped as Iohannes Sarisburiensis Epist 125. relateth
which for a while the Church tolerated as Alexander 3. in Concil Lateran pag. 1. cap. 17. But Fredericke Barbarossa Apud Goldast Constitut Imperial tom 2. pag. 5. as in Reuiew pag. 466. or Henry 6. his sonne as Arnoldus Lubecensis in supplem hist Sclauorum approoues it to bee true the words are Sed cum tempore Christianitatis ab aduersarijs infestarentur Ecclesiae easdem Decimas praepotentes Nobiles viri ab Ecclesiis in Beneficio stabili acceperunt vt ipsi defensores Ecclesiarum fierent quae per se obtinere non valerent But when in Christianitie the Churches were disturbed by the aduersaries Great men tooke Infeodations from the Churches that they might be Aduocates for the Churches in what they could not by themselues obteine To confute Stephen Pasquier his opinion that Infeodations beganne in the holy warres betweene 1090. and 1100. he truly produceth P. Damian in the place before and the Councell of Lateran held 1078. Decimas quas in vsuÌ„ pietatis concessas esse Canonica authoritas demonstrat à Laicis possideri Apostolica authoritate prohibemus Siue enim ab Episcopis vel Regibus vel quibus libet personis eas acceperint nisi Ecclesiae reddiderint sciant se sacrilegij crimen incurrere Tithes which the Canons manifest to haue bene granted for the vse of pietie by Apostolike authoritie we forbid Lay men to possesse whether they haue receiued them from Kings or Bishops or others vnlesse they restore them to the Church they vndergoe the censure of Sacriledge This is iterated in the same syllables in the generall Councell at Lateran 1139. vnder Innocent 2. But yet out of the Councel he makes inference as if onely Lay men did make these Infeodations Animad 54 Whereas the word ab Episcopis might haue remembred him of Bishops aswell as P. Damianus vpon whose complaint of the abuse of that time this Councell might take occasion it being very few yeeres after his death And the word therein Regibus from Kings might haue made him thinke of Charles Martell and the word reddiderint they restore make him acknowledge what after he will denie both that all Infeodations were from the Church and that the true reading of a Canon of the Lateran Councell vnder Alexander the 3. to the same purpose is to bee reddiderit not tradiderit Which two last errours the Canon prohibemus P. 114. in the Councell of Lateran vnder Alexander the third p. 1. cap. 14. is interpreted to maintaine though brought to prooue that then and not before the vse of such new infeodations as staied not that any annullation of the old was intended The words are prohibemus ne Laici Decimas cum animarum suarum periculo detinentes in alios Laicos possint aliquo modo transferre Si quis vero receperit Ecclesiae non reddiderit Christiana sepultura priuetur Wee forbid that Lay men detayning Tythes with perill of their soules may not by any meanes passe them to other Lay men but if any shall receiue them and shall not restore them to the Church let him want Christian buriall Animad 55 Ignorance is imposed vpon the later Canonists that oppose this Canon against the right of all feodall Tythes ancienter then the Councell And Innocentius the fourth and Hostiensis Bernardus and Bowhic are opposed to them whose authorities may bee truely cited yet not interpreted of Infeodations but De Decimis male detentis as in the page 156. hee quoteth out of Innocent the fourth and so his opinion of the prohibition of future infeodations haue no proofe from thence nor opposition therein to the elder Canonists But mee thinkes hee that considereth the aime of those times onely to get them from Lay men Nec multum refert quae Ecclesia habeat dummodo extirpentur à Laico It is no matter what Church hath them so they may bee gotten from the Laitie as Panormitan cited by him pag. 156. And considereth also how they decreed that not so much as the Patronage should bee passed by succession but to the Clergie Addit Concil Lateran par 15. cap. 6. nor so much as bee solde cap. 16. 17. Quia Spirituali annexum see Epist Paschal 2. inter Epistolas Anselmi lib. 3. Epist 45. might well imagine the intention to reduce the thing it selfe Infeodations present not future Especially conceiuing it to haue beene decreed against by Gregorie the seuenth Vrban the second and Innocent the second which are euen quoted by himselfe And may any suppose that Pope Alexander the third would haue had lesse stomacke Vide etiam in Gratian. c. 10 q. 7. in Prâ—fat and would not claime the Tythes I will not bee perswaded especially hee vsing the same word Reddiderit as a badge of their intention and his owne Nay himselfe par 4. cap. 1. decreeth an infeodation euen from an Abbot into Lay hands to be void quoniaÌ„ Sanctuarium Dei iure haereditario possideri non debet Gods Sanctuarie must not bee held by inheritance which is the same in effect Who then would not trust rather Innocentius the third who interpreteth it of Tythes formerly infeodate and was next successour to Alexander the third as in Tit. de His quae à Prelatis c. cum Apostol or the other Canonists who vnderstand it by Iudiciall application as he confesseth p. 139. then only rely on his coniecture But besides by the very sense of the wordes cum Animarum periculo detinentes detaining them in the perill of their soules who will thinke that any man might by law seeme to haue right to passe those Tythes to another wherein himselfe had no right the conueyance it selfe was irrita voyde Sure therefore they claimed a right and how but by infeodation by which Title though it was against conscience for any to detaine Tythes yet some shew of Ciuill Title might countenance that Action which is heere forbidden But bee it as it will let the Canonists decide it That which followeth is more pertinent to this businesse Hee saith surely it is an errour which is commonly supposed that all ancient feodall Tythes were at first Spirituall and transferred from Church-men at the request of Princes hee might haue added or Tyrannie into Lay hands and since wrongfully detained Neither is there any ancient warrant sufficient for it Animad 56 The Historie of Charles Martell before doeth make the contrarie plaine and the Catalogue of Authours shew both the Diuine due and payment long before But yet hee is of opinion that many of these Infeodations were doubtlesse created by lay-mens Grants as Rents-charge Estouers Turbaries and the like are Who can doubt of it saith hee that obserues but alone this Canon Prohibemus Pag. 115. Whence also may be strongly inferred that the greater number of infeodations were by Grants made by Lay men to Lay-men for what is there onely forbidden by the Councell may be thought the greatest and most preiudiciall practise of the times against the profit
of Clergie men in the Archbishopricke of Matera after shall be spoken The Lawes are next produced but saith he soone disobeyed Pag. 132. they had little or no practise in behalfe of the Clergie The greater fault the more pittie But heere Hector Boethius relating the Lawes in Scotland of Tythes by King Congallus Anno 570. is excepted against Pag. 130. nay reuiled the exception The Author for this is called a faining Hector and his assertion bold or deceiued by them from whom hee tooke it it is to bee iudged fabulous and proceeding out of that common mistaking of ancient passages of Church Reuenues and confident but ignorant application of them to Tythes And in the Margin Buchanan sayth Sacerdotes praedijs alijsque prouentibus ditauit 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Decimis adijcere vir doctissimus non ausus est Hee inriched the Priests with possessions and other profits but that learned man durst not adde the word Tythes Animad 75 How should the Authour expect his booke might gaine any strength of truth from his name alone when Hector Boethius for all his good language and great paines shall not onely not haue credit with him as pag. 133. but be taunted by so yong a writer but hee may heare Saint Hieromes censure to as good a man as He euen S. Augustine puerilis est iactantiae accusando Illustres viros suo nomini famam quaerere Inter Aug. Ep. 13. especially since through Hectors sides others perchance truer Troians may bee wronged of whom hee receiued it who by the preiudice of him that knoweth not shall bee censured for confident and ignorant mistaking one thing for another As for the Marginall reason the omission by Buchanan of the word Tythes which Hector putteth in is but to poize their credits whether a lying and schismaticall Buchanan who was a prime Authour in the taking away of Tythes from the Clergie and therefore might well take it from his writing nay who might euen take that relation from Hector mincing it to his phrase and fancie or a fayning Hector perchaunce receiuing it from other it may bee the very Records of the Kingdome bee to bee preferred in this Relation Hector Boethius saith before of the same Congallus Mira sunt quae de huius Principis Religione memoriae sunt prodita They are strange things which are related concerning the pietie of this Prince What therefore hee writeth hee had from others But our Authour striketh the next In the next place the Pontificiall Canons are examined P. 134. Of which he citeth besides that of P. Damasus that also of Pope Nicholas the second Anno 1059. Praecipimus vt Decimae primitiae seu oblationes Viuorum Mortuorum Ecclesiis Dei fideliter reddantur a Laicis vt in dispositione Episcoporum sint quas qui retinuerint a Sanctae Ecclesiae communione separentur Wee command that Tythes or first fruits or offerings both of quicke and dead be faithfully payd to the Churches and be in the disposition of Bishops which they that retaine Vide LuithpranduÌ„ in vita Leonis 4. vbi authoritate Apâ—stolica praecipitur sub poena excommunicat let them be excommunicate which very words are his Successors Alexand. 2. And that of Leo the 4. c. 16. q. 1. c. De Decimis which forsooth must be a declaration not a constitution all which with the passages of the Fathers were for generall Canon-law in Gratians decrees confirmed by Eugenius the 3. Nay the Councell at Cleremont by Vrban the 2. and that of Gregorie 7. in Concil Rom. c. 16. q. 7. c. 1. To which hee might haue added that Canon of Gregorie cited by Alexander 3. Epist. 19. ioyned with those of Peter Cellensis Presbyter si Ecclesiam per pecuniam obtinuerit non solum Ecclesia priuetur sed honore Sacerdotij spolietur quia Altare Decimas Spiritum Sanctum emere vel vendere Simoniacam haeresim esse nullus fidelium ignorat If a Priest get a Church by money let him not onely be depriued of it but also be degraded because each Christian knowes that to buy Altar Tythes c. is a Simoniacall heresie And that at Lateran 1119. and another 1130. hauing the same words as that of Greg. 7. Quas de iure Sacerdotum esse sancimus Which we decree to be the Priests due And the 11. generall Councell vnder Alexand. 3. 1180. where onely infeodations saith hee and arbitrary consecrations without consent of the Bishop are forbidden yet the reason is the supposition of Parochiall right But let me adde in the same Councell cap. 23. In the prouision for leprous people are not Tythes supposed as a duety of common right when prouiding for the right of the Parish Church they are permitted to haue a separate Priest and Church and are priuiledged of their orchard and feeding of cattell that Tythes should not be exacted By this particular priuiledge is not the commoÌ„ right supposed Nay so often he hauing quoted the Capitulars whereof the last three bookes were confirmed by Apostolike authoritie Capit. lib. 7. c. 377. Yet hee saith There was not any Canon of a generall Councell that commanded the payment of Tythes or any that expressely supposed them a duety of common right before that of Lateran helde vnder Pope Innocent the 3. Animad 76 Let the Reader iudge of his Conclusion out of such premisses Pag. 136. In this passage he citeth an Epistle of Gregorie the 7. wherein hee admonisheth and perswades some Princes of Spaine after the expurgation of Christianitie from the Gothicke corruption to pay and command the payment of Tythes by the people where because he doeth perswade and not command hee inferreth that he had no power to command Animad 77 As though authoritie must be thought alwayes extended to what it can neuer in discretion condescending to the infirmities of weake brethren The spirit of Hildebrand challenged power S. Hilarie where he had no right but now Fides suadenda non cogenda Faith is to be perswaded not inforced and Alcuins ground was his direction But let vs see how his successor Alexander the 3. writes to those Gothes in the Epistle 19. Vide etiam Ep. 21. Archiepiscopo Vpsellensi Suffraganeis whereof part is quoted before Praeterea illud adijciendo mandamus quatenus populum regimini gubernationi vestrae commissum Decimas Ecclesiis fideliter deuote persoluere sicut ab ipso Domino noscitur institutum diligenter ac sollicitè moneatis si necesse fuerit sub districtione Anathematis c. Moreouer this we command that you diligently and carefully admonish the people committed to your charge that they pay Tythes to the Churches faithfully and deuoutly as it is knowen to be ordained by the Lord and that if need be vnder the censure of excommunication Pag. 138. But out of that strange conclusion hee would iustifie the saying amongst the Common Lawyers in his sense That before the Councell
others that admit other customes speake not as Canonists but as conforming the Canons to the Lawes where they liue Some later say they are due De Iure Ecclesiastico and that no more Ius naturale or Diuinum morale is in it then what commands a competencie of meanes to be giuen to the Priesthood so Couarruvias so some others But few enough are of this opinion saith hee Now let him professe he is not partiall They admit no feudall Tythes as Canonists They maintaine the distinction of lus pâ—rcipiendi and Fructus Decimarum Animad 12 Hence I onely obserue how his obiection of consecration to Monasteries Appropriations and Exemptions being in practise might stand with the opinion De Iure Diuino since in these it â—id And hence his inclination against the Diuine Right apppeares since he thinkes too few oppose it The opinion of Diuines Pag. 156. The opinion of the Diuines is about the question Whether Tythes are due De Iure Diuino Morali to the Euangelicall Priesthood that is whether the Priests haue right to Tythes as to their inheritance in equall degree as the Lay-man hath to his Nine or whether by positiue Law for their spirituall labour whether by originall distributiue or by commutatiue Iustice they are payable The Schoolemen Pag. 157. The first opinion is of the Schoole That quoad quotam the proportion of the Tenth it is due by the positiue Law quoad aliquotam for a portion of competencie it is due by the Morall and Naturall Law of God Animad 13 This was a politicke and pernitious opinion 22. q. 81. art 1. in corp Politick For first it aimed at a greater proportioÌ„ for this was but instituted by the Church saith Aquinas secundum quandam humanitatem in great fauour that whereas they were bound to more they might not giue lesse then the Iewes yet so that the Church of whose fauour they doubted not might enioyne a greater quantitie for a lesse they neuer yeelded to M. 2. Alensis his Conclusion is worth the marking Forte dicet aliquis quod in veteri Lege erat sic in praecepto sed in noua Lege non est in praecepto quoad istam aliquctam Sed contra Raâ—io huius praecepti in veteri Lege erat propter sustentationem ministâ—orum Domino seruientium sicut dicunt praedictae authoritates Num. 18. Mal. â— Cum igitur in noua lege maximè nunc tempâ—ris multiplicentur ministri Ecclesiae Ergo nunc muliò magis danda est aliquota aequalis vel etiam maior Ergo ad hoc vel ad amplius teâ—eâ—tur Christiani si voluntiam in regnum caelorum intrare Perchance some will say that in the olde Law Tythes were vnder a precept but that it is not so in the Gospel for the proportion of the Tenth But contrariwise The reason of this precept in the olde Law was for the maintenance of the Ministers that doe God seruice as the authorities Num. 18. Malach 3. whereas therefore in the new Law especially now the Ministers of the Church are encreased Therefore now much more the same or a greatâ—r portion is to be giuen Therefore to this or to more all Christians are bound that will enter into the kingdome of heauen If this be not contradiction concerning the right or policie for a gaine of more let them distinguish that can Besides he that will heare him prooue Decimationem which is the quota to be de Lege Naturae of the Law of Nature Videsit p. 4. q. 2. M. 2. Aâ—t 5. § 4. in Râ—solutione Where the conclusion is Non cessauit sacramenâ—um decimarum qâ—ia de Lege Naturae maximè fuit The sacrament of Tythes ceased not because it was especially of the Law of Nature and in many other places The second policie was to defende their owne inioying Tythes leauing a competent sustentation to a Vicar which they thought due to him de Iure Diuino for debent ministrantiâ— us sacramenta beneficium compâ—tens assignare quod si ista non fecerint raptores sunt Decimas detinent iniustè The religious must assigne a competent maintenance to them that administer the Sacraments which if they doe not M. 6. Art 2. they are as robbers and doe vniustly detaine Tythes So Alensis Now if they had held the quota de Iure Diuino then the compâ—tens beâ—eficium would not haue serued while they being Monkes and Friers Iure Ecclesiastico might holde the rest But as it was politicke so it was pernicious First occasioning the heresie of those that held them as Almes as the Mendicants condemned by the Church before Wickleffe who from this opinion and the aime to gaine to themselues though by defrauding others began their falshood as himselfe confesseth pag. 166. And Secondly thereby the Church lost the iurisdictiâ—n of Tythes as in the Arrest of Parliament cited by him pag. 181. Where the English of the French is The reason is for that following the doctrine of S. Thomas Aâ—uinas wee hold that in the Law of grace Tythes are due not by diuine but by positiue Law And the Church at first was not owner of this right but by the gift and grant of Kings Princes and others to whom that right did appertaine These were the good fruits of that Doctrine such as vsually is of new inuentions Pag. 165. Thirdly Customes of payment of lesse of nothing and other Ciuill Tytles as pag. 164. he acknowledgeth Animad 14 That the Schoole-men looked further into the quaestion then the Canonists is not probable since the practise of the Canonists required their diligence Constitut de Decimis c. Sancta §. compellant Antonius de Butrio in Lindwood is of other minde Nota inquit per Ecclesiam declaratum est quod decimae debentur ex praecepto Diuino sileant propterea Theologi quia ad eos non spectat declarare Obserue saith he the Church hath declared Tythes to be due by the Law of God let therefore the Diuines holde their peace because it belongeth not to them to declare it Pag. 159. In this opinion the first quaestion is concerning the first Authour of this Tenet whether Alensis or no Hee saith no but would haue it ancienter Although the common ancient phrases were Deus praecepit and Lex Diuina and the like denoting the right of Tythes To prooue which in the first place hee setteth before vs his often sodden Coleworts that the practise of consenting to such conueyances to Monasteries c. could not agree with the opinion of Diuine right Of this before too much Pag. 160. Secondly that some interprete Ius Diuinum in those Writers onely to import a Right exemplariter by way of example not obligatiue as a binding Law A poore shift to answere Gods praecept and his command But yet St. Ambrose his authoritie is brought to direct the phrase De Clericis lib. 1. cap. 24. §. Altero modo for saith he Maior he might haue said
to make him of that opinion are Primum igitur ante Legem paruulos Consilio nutriuit Deus postea sub Lege exercitatos praecepto tentauit nouissime sub gratia perfectos in libertate Spiritus ambulare permisit First therefore before the Law God noursed his children by counsell Then vnder the Law those that were more expert hee tried them by a precept and lastly vnder grace hee left the perfit to walke in the libertie of the spirit Animad 20 These are his wordes yet he that shall consider how in the wordes before in the same chapter he supposeth Hominem ad haec exercendam à principio à Deo instructum eruditum fuisse Vnde enim homo rerum suarum Decimam quam Nonam vel Octauam vel aliam quamque partem offerendam esse scire potuisset nisi à Deo doctus fuisset That to the exercise of Tything from the beginning man was instructed or taught by God for how else should man know what part of his goods either the eight or ninth part or the tenth should bee offered but onely being taught from God And that Ex institutione diuina by diuine ordinance they are due to the Clergie in the Gospell as De Sacramentis lib. 2. p. 9. cap. 10. which are quoted in the Catalogue cannot make such inference out of his wordes but rather a libertie to the more as in Iraeneus is insinuated or of spirit in performance of the Law Lib. 4. cap. 34. Num. 4. P. 165. The next Section is Concerning their opinion who accounted Tythes Almes But in this because hee doeth not oppose the truth heere though concerning personall Tythes both in his Preface to countenance the Deuise how the Curates of London may be prouided of sufficient liuing And pag. 174. to censure the determination of the Vniuersitie of Oxford hee doth too much incline to denie the Diuine right I will adde nothing heere onely recite the names of such of that opinion namely the Mendicant Friers Wickliffe the Bohemians Gerardus Sagarellus Erasmus and William Russell the Franciscan The third opinion is in the next Section Pag. 168. of such as agree with the Canonists that the right of the Quota of Tythes is from the Morall or Diuine Law of God Of whom saith hee some impudently vrge a commaund to Adam some prouidently restraine all their Arguments from Abrahams example referred to the application of it in the Epistle to the Hebrews but others not so circumspectly taking in the Leuiticall commaundement of Tythes Animad 21 Here is a Diuision without a Distinction As if all that held the Ius naturale to be the right of the duety of Tythes doe not thinke it Gods commandement to Adam since that Law is eternall instinctu interiori licet non exterius lege data Aquinas p. 3. q. 60 Art 5. ad 3. by inward motion though not outwardly Although no need of reuealing it in forme vntill the manifestation of a Priesthood and therefore all must be Impudent or rather none Or doe not they vrge the Commandements though amongst yet not of the Leuiticall Law or if not to ground a right yet to shew a possession By distinction therefore they must be stiled Impudent and not so circumspect as he would haue them But since he acknowledgeth such prouidence in those who restrain their arguments to the Epistle to the Hebrewes as those doe proue the rest so should it haue made our Author so prouident as not to oppose it If Abraham payd Tythes to Melchisedec as in that Epistle then of duety or bountie If of dutie for else the Apostles argument were vaine then that is the naturall duety and so no impudencie in auerring a command to Adam Pag. 169. which the Poenitentiall next opposed doeth inferre which is vindicated from his contempt by that religious Knight Sir Iames Sempill wherefore I passe it The next is the Determination of the Vniuersitie of Oxford Pag. 170. Anno 1427. against William Russell a Franciscan Fryer adiudging him an Hereticke for denying personall Tythes to be due by the Law of God This being produced at large Pag. 174. is taxed by him as vehement and confident and the trueth of their Sentence is slighted thus If Russell was therefore an Hereticke doubtlesse he hath had and now hath many fellow-heretickes for thus many nay the most of them who curiously enquired herein and diuers Canonists also which are for the Morall right of Praediall and Mixt Tythes deny that Personall are otherwise due regularly then as Custome or Law positiue which is subiect to custome directs Animad 22 This censure ill becomes the sonne of such a mother neither can the truth of that Sentence be slighted by those who will iudge the Doctrinal deniall of any Tythes to be heresie since the one as the other are due by the Law of God and by those who will consider how Leutardus in Glaber Hist lib. 2. c. 11. how the Mendicants in the Councell at Vienna 1340. as p. 166. Wickliffe in the Councell of Constance were accounted and condemned for Hereticks for denying the true right of Tythes Besides the Eustathians who were condemned in the Councell of Gangra for the like opinion of First-fruits Personall Tythes therefore being iudged equall in right with Praediall Tythes the same Iudgement of the Vniuersitie of Oxford need not haue such names neithe should it be neglected by those many who might well conceiue none to be more vnpartiall and able Iudges then they were and are and sure they will not retract that Determination But whereas he saith Many nay the most of such as most â—uriously enquirâ— herein besideâ— diuers Canonists are of that opinion By the curious Inquisitors sure he meanes the Schoolemen of whom in the Preface p â— hee said This question is handled fully by diuers Schoolemen who as p. 165. looked further into all they meddled with then the Canonists could doe Now of their opinion let vs heare his owne confession pag. 263. By this first opinion of the Schoole men no diff rence is to be made of Praediall Mixt and Personall Tythes howsoeuer some scruples about that difference haue beene needlesly handled by them for quoad substantiam Decimae both are equally due The Morall Law according to them designes not out reall possessions to bee more subiect here then personall profit The Schoole-men therefore are against Russell and all those many euen by his confession And although amongst the Canonists some who being puzled with the interpretation of the Canon In aliquibus Regionibus Extr. de Decimis cap. 32. out of the Councell of Lateran vnder Innocent the 3. haue so taught yet the ancienter Innocentius 4. Speculator c. as they are cited by him p. 152. are of other minde Innocentius 4. making it a wonder to see any denie it Others afterwards conforming their opinion to the pleasure of the times and places wherein they practised admitted the interpretation of the
aforesaid Canon against the Diuine right of personal Tythes which to auoid scandall was tolerated perforce by the secular Clergie And by some Monkâ— not much stood vpon in their writings because vsually by Compositions and ordinations such Tithes were passed to their Vicars in their appropriations and themselues had no benefit thereof But for conclusion He that shall consider the first Tythe paid to bee a personall Tythe as that of Manubiae if no more by Abraham the generall claime of all Tythes Exodus 22. Malachie 3. Deuteronom 12. and Sanctifica Domino secundum quod donatum Ecclesiastici 33. to omit both Fathers and Canons Besides the reasons The acknowledgement of Gods dominion ouer mee as well as ouer mine The duety of my thankefulnesse as well for the increase of my strength and skill as from my field and cattell for if Redde pluenti August Ser. de Temp. 219. redde serenanti Giue to him that giues raine to him that giues faire weather why not Redde viuificanti Giue to him that giues life confirmanti that giues strength docenti that giues instruction benedicenti that giues a blessing The care of sustentation of the Ministers is it not as much by one as other The expectation of a blessing is it not alike vpon the one as other Who dare then through couetousnesse by maintenance in Doctrine make his Sacriledge haereticall and vndergoe the censure of the Church and Vniuersitie as that Russell did But neither my aime nor leisure is to determine quaestions but onely to shew the rashnesse of this censure vpon the determination of the Vniuersitie of Oxford to which also her sister Cambridge did subscribe And onely out of it I will offer this Sentence for a conclusion Nimis cruenta ac sacrilega isthaec auaritia quae antiquissimi Iuris dâ—cimale debitum solum consuetudini ascribit in dubium reuocat vt laborantium victum iuste exhauriat Quod Ministris Ecclesiae ad eorum honestam sustentationem firmum persisteret si decimae possunt ad libitum conferri Ius decimandi ex debito non esset That is too cruell and sacrilegious a couetousnesse which doth ascribe the duety of Tythes beeing of most ancient right to custome alone and that quaestion them to take away the maintenance of the labourer for what certaintie should the minister haue for his priestly maintenance if Tythes may be payed at will and if the right of Tything be not of dutie 175. From the authorities of particulars he proceeds to Councels and more generall assemblies which defende the diuine right Pag. 176. The Section following is of customes against the right Animad 23 Of these I may well exclaime as St. Augustine doth Vae tibi flumen moris humani quis resistet tibi Confes lib. 1. cap. 16. quamdiu non siccaberis Woe to thee thou flood of custome who shall resist thee how long will it be before thou bee dried vp or answere with St. Chrysostome Hom. 19. ad pop Ne mihi tam aliquis consuetudinem praetendat propterea enim indignor irascor quoniam consuetudinem vincere non possum Let no man obiect to mee custome for therefore I grieue and am vexed because I cannot ouercome custome De velandis virginibus And with powerfull Tertullian conclude Veritas est cui praescribere non potest nec spatium temporum nec patrocinatio personarum nec priuilegium Regionum Trueth is such as neither the distance of time nor greatnesse of persons nor the priuiledges of kingdomes can praescribe against And the reasons of such customes first let Alchwin tell related by him pag. 71. Auara mens hominum decimarum largitati non consentit The couetous minde doth not consent to the liberalitie of Tythes Secondly let St. Lewis of France tell cited by him pag. the next per malitiam inhabitantium defraudata defrauded by the malice of inhabitants Thirdly let Abbo as Aimoinus in his life cap. 8. Quo nos ducit cupiditas dum refrigescit charitas Whither doth gaine driue vs when charitie is cold P. 177. Nay let our Authour tell that the Common Law neuer gaue way herein to the Canon Law Now whether the Canon or common Law ought most to binde the conscience and in these things ought to be followed wherein Gods right is praetended iudge any the Canons being made to direct the conscience Inter Serm. 50. serm 49. which is onely subiect to their censure and the Lawes to prouide the Temporall good of the subiect which may be diuers for Aliud Ius Fori aliud Coeli There is one Law of the Barre In Epitaph Fabiolae ad Oceanum another of heauen as Saint Augustine and Aliae sunt Leges Caesarum aliae Christi aliud Papinianus aliud Paulus praecipit as Saint Hierome The Lawes of Christ and Caesar are different and the praecepts of Paul and Papinian are not alike P. 193. Animad 24 And so much of Customes onely adding this coniecture concerning the Appropriation to Giseburne by Robert de Bruis that it may be for ought hee produceth rather the Founder of that Monastery in King Stephens time as he teacheth me Pag. 309. which was before the Councell of Lateran then any after of that name to make such an irregular conueiance when he might not doe it euen by the saying of the Lawyers who pitch the time vpon the Councell of Lateran 1215. or of the three Monkes who vpon the Councell of Lyons 1774. vnlesse the Popes authoritie were obteined and so it could not be arbitrary to whom alone such priuiledge was reserued before the yeere 1290. vpon which he placeth this Appropriation ANIMADVERSIONS on the eighth Chapter P. 196. IN this Chapter is an industrious collection of the Lawes Councels Nationall and Prouinciall or by the Pope Petitions or Bills of Parliament concerning Tithes in this kingdome of England out of which in the Catalogue many are selected to prooue the Diuine right And to these may be added that Law in the time of Augustine the Monke remembred by Edward the Confessor in his Lawes where speaking of Tithes in particular he addeth Haec enim praedicauit beatus Augustinus concessa sunt à Rege Baronibus populo These things Saint Augustine preached and they were granted by the King the Barons and the people this no doubt in a Parliament And in the dayes of Henry the first a Councell vnder William the Archbishop anno 1129. there it is decreed Decimas sicut Dei summi Dominicas ex integro reddi praecipimus We command Tithes fully to bee payed as the Demesnes of God Ex continuatore Florentij Wigorniensis And in the dayes of Roger Niger Bishop of London that Statute betweene the Archdeacon and Rectors in the city of London In lib. Ms where it is said Detentores Decimarum sententiâ innodentur Let the deteiners of Tithes be excommunicated And after vnder a Title De Excommunicatione pro Decimis is this
de Hesel postquam illam tenui aut quam ego de caetero colam aut haeredes mei ita vt Decimatio haec cedat in fabricationem Ecclesiae nouae de Giseburne Two Garbas of all his land which he newly tilled in the Territorie of Hesel since he held it as long as he and his heires shall hold it so that this Tythe may be imployed to the building of the new Church of Giseburne Here saith he the gift of the two sheaues is called Decimatio Animad 2 If by reading the priuate Chartularies of the Church of Rochester I had not found small gifts as of an Halfepenie of an Egge and such like euen by Charter conueyed vnto Monasteries I should wonder at the gift of two sheaues to a Monasterie Yet because vpon the small value of an Halfe-penny or an Egge being giuen as Quittrent there was some dependance of greater possibilitie by the whole Escheating vnto the Monasterie which was seised by the rent the gift was not so contemptible But according to his interpretation of this particular graunt to giue two sheaues for Tythe which was then scarse worth an Halfe-penie and for that to order such an imployment as to build a new Church which will not buy a stone seemeth to mee not so pious as ridiculous And therefore some other senses are to bee sought which both out of the signification of Garbas and also the regard to the number Duas may bee coniectured For although Garba with addition of frumenti or such like speciall name of Corne is sometimes vnderstood by a Sheafe yet without addition it signifieth all corne that is sheafed as in all compositions Decimas Garbarum for all Corne Coppas Garbarum and such other termes so that calling it Decimatio and onely naming Duas Garbas It may well bee Decimatio duarum garbarum the Tything of the two graines Wheate and Rie which onely euery where are sheafed But rather from the number Duas hauing respect to Decimatio and to the imployment the Forma Collationis why not Duas Garbas two sheaues of tenne which is dupla Decimatio or Decimatio duarum Garbarum a double Tythe a fit proportion for such a purpose especially being onely of new Improoued Land De terra quam colui de nouo and that might not bee much in that Parish Heerein because I neither see the M-ss nor am skilfull in the Husbandrie of those times I can onely coniecture and that if not probably which I leaue to the Reader yet lawfully I may to reduce a stragling example of phrase to the common rule of practise by a fit sense Num. 2. P. 272. But now to the practise And first the tale of S. Augustine the Monke and the Parson of Cometon in Oxford shire and the miracle of one raised from death certifying of the payment of Tythes circa Annum Domini 330. is scornefully reiected and the payment euen in S. Augustines time is denied to haue beene vsuall so that the Lord of the Manour might bee iustly taxed Animad 3 The Narration is fabulous and although it be so anciently related as 400. yeeres agoe and countenanced with such a Margin to Iohannes Anglicus his Aurea Historia in the publike Librarie of Oxford proouing the possibilitie because Nulli dubium est quod nunquâ—m Anglorum durae ceruices Christi iugo se submisissent nisi per magna miracula sibi diuinitus ostensa It is not to bee doubted that the stiffe-necked English men would euer haue submitted their necks to the yoke of Christ but onely by great miracles wrought from God Yet for the substance concerning Tythes it is true that both in the yeere 330. or 340. Tythes were heere paide In vita Sancti Augustini and that in S. Augustines time the payment was vsuall among other good Christians so that the Lord of the Mannor was iustly taxed For the payment of Tythes heere to the Clergie for Capgraue doth call him onely Presbyter because as himselfe pag. 249. truely saith it is likely that in those times the custome of this Iland should not differ from what was vniformely receiued through those parts of Christendome whereof wee haue left Testimonie remayning Since therefore the 2. Councell at Mascon saith Christianorum not onely Francorum Congeries longis temporibus custodiuit intemeratas The number of christians for long times hath kept inuiolable the lawes of God concerning Tything and those long times may extend hitherto as by the testimonie of S. Augustine and S. Chrysostome appeareth why not therefore here since Christian religion was then defended by Christian kings the Romane Christian Emperors then gouerning this Kingdome as a Prouince But as for S. Augustine the Monkes time the Lawes of king Edward besides the authorities produced by himselfe pag. 276 make it plaine That King in his Law for Tything specifying seuerall kindes of Tythe and ordaining punishment for the detainers that Qui eam detinuerit per iustitiam Episcopi Regis si necesse fuerit ad redditionem arguatur He addeth Haec enim praedicauit Beatus Augustinus concessa sunt à Rege Baronibus populo These things were preached by S. Augustine and were granted by the King and Barons and people Well therefore might the Lord of the Mannour be blamed to resist an Acte of Parliament And so our Author also who it seemes ouer-saw or would not see this important Testimonie as may appeare since both he citeth the wordes to other purpose pag. 225. and the wordes next following he censureth pag. 279. But to confirme this besides the Law of Alfrede which he saith supposeth some former Law to precede pag. 203. me thinkes the phrase of Canutus in his Epistle pag. 278. where he calleth a Law of Tything Antiquam Legem The old Law and another before him in the Law of Ethelred cited pag. 223. Sicut praedecessores nostri concesserunt As our predecessours haue granted may haue reference hither To which I could adde that in the Charter of Henry the 1. of certaine Churches to the Monasterie of Rochester In Textu Rossens reckoning vp the Tythes and profits giuen hee sayth by comparison Sicut Middletunam Sanctus Augustinus melius habuit tempore patris mei As S. Augustine had Middletune in the time of my father But heere not the Man but Monasterie must be vnderstood as by the designation of a time Tempore patris mei so by the vse of those times calling the Monasterie by the Saints name as that Charter is Sancto Andreae But chiefly it appeares pag. 321. of the Authors booke where Middletune was so giuen by the father of Henry the first to the Abby of S. Augustines in Canterbury Neither yet here should the practise of our Countrey in paiment of Tythes be omitted which Boniface of Mentz in his Epistle to Cuthbert Archbishop of Canterbury circa ann 750. relates Epist 105. where hee chideth the English Clergie quod Lac lanas ouium Christi oblationibus
the sigle H. may signifie Hugh then Bishop of Lincolne then the phrase Decimas de Dominicis suis liberè conferre consueuerunt which the Bishop of Lincolne and the King and Nobles claime may haue good sense against Parochiall right claimed by the Prior for the Church of N. and yet admit no Arbitrarie consecrations for there liberè is not free from Episcopal authority but Parochial constraint they hauing before beene made canonically Decimae separatae that is a portion vpon which a prescription being added and the Bishop insists vpon the custome of himselfe and predecessors there can be no revnion And in such case the King and Bishops and other Grandes might interpose themselues to make good their predecessours and their owne Grants But suppose his interpretation of Decimae separatae for a Benefice of Tythes not annext to Churches what is this separation or collation without consent of the Bishop that is not expressed in Liberè which as before hath onely reference to parochiall right Though in respect of the Aduowson or Patronage if they were so separate who denieth it to King or Patron yet in that it s said in the Kings claime Quia consimiles Decimas conferimus in quibusdam Dominicis nostris not in all and Quamplures Magnates not omnes doe the like it may seeme some priuiledge rather then common Right of Patrons for then all Patrons and in all Demesnes should haue equall right Though the Kings soueraigne authoritie in these and all other causes Ecclesiasticall I doe heartily acknowledge The like prohibition Pag. 357. Anno 7. Edwardi 1. in the Chartularie of Osney betweene the Abbot and Couent there and the Parson of Harewell for two parts of the Tythes of certaine Lands there the King prohibits the prosecution in the Ecclesiasticall Courts because Tangit nos coronam c. maxime cum consimiles Decimas in pluribus Dominicis nostris conferamus etiam plures Magnates Regni nostri c. Animad 6 This may haue a good sense namely of Tythes anciently collated to the Free Chappell of S. George in the Castle of Oxford from whence Osney claimed them as appeareth by the words Ex collatione Progenitorum nostrorum Regum Angliae By the gift of our Progenitors Kings of England Now Parochiall Right could not reclaime these being once separated by Canonicall authoritie And therefore for the Parson to claime interest in such might occasion a Prohibition and the reason might be for the King and Nobles did giue the like so anciently collated and seuered Besides this prohibition and the former may haue the same answere as before Pag. 358. Yet the Councell vnder Hubert Archbishop of Canturbury in the 2. of King Iohn though repeating and respecting the Lateran Councell vnder Alexander the third Houeden p. 2. fol. 460. must haue an interpretation contrarie to that which is the meaning of that Lateran Councell which is examined before ad pag. 114. 138. It must be vnderstood of receiuing arbitrarie consecrations not the receiuing of Infeodations because heere in England such Infeodations were rare and therefore not likely to bee intended by this Canon vnder Hubert What then though they were rare heere yet they were irregular and therefore heere might be condemned which he must obserue because that euen supposing his interpretation hee may see that in that Canon the Actors were censured and the Act annullate But that at that time there were Tythes giuen which were not before in esse hee cannot prooue and as for Tythes conueyed by Inuestiture of Churches needs more proofe though any such Extrauagant Act were not Valide Pag. 359. In the Section following insisting vpon his purpose to prooue Arbitrarie consecrations Hee would imagine those phrases Quae Decimari debent Those things which ought to bee Tythed And Quae Decimari debent more Catholico Those which ought to bee Tythed after the Catholike manner in many Grants to expresse no Canonicall payment before But that then New Tythes were giuen which though not before yet then by the Canon Law ought to bee Tythed For that the obedience to the Canons in this point was generall through the Kingdome is most false wee know the Trueth by a cloud of Home-bred witnesses So our Authour Animad 8 But these phrases doe but shew the extent or manner of the Tything and the duety of payment not Arbitrarie but necessarie Nor inferre they any opposition to the Canon Law for that were absurd to acknowledge it before it were obiected in such Donations especially in conueying Tithes to those who could not receiue them if opposite to Canons But let him disprooue the generall lawfull practise for as for the disobedience of some few in bestowing Tythes though not newly consecrated I doubt but as for newly consecrated his home-bred witnesses can not testifie And from his strange interpretation P. 360. wherein hee straines his wit to make good his paradoxe hee makes a comparison betweene these two phrases Quae offerri solent and Quae decimari debent vel solent and would thence inferre a like Arbitrarie Custome Animad 9 Whereas some offerings both of Christians and Gentiles are Arbitrary but Tithings areas much debent as solent and so are necessarie and otherwise to call them and not prooue them is petitio principij Yet to prooue his paradoxe he relates how in the booke of Doomes-day Stori the Ancestor of Walter de Aincourt is specially thus priuiledged that hee might sine alicuius licentia facere Ecclesiam in Darby or Nottingham Shire in sua terra in sua soca suam decimam mittere quo vellet without leaue of any to make a Church in his owne land and in his owne Fee and to send his Tythes whither he list Animad 10 This of Stori sure was a Priuiledge and that from the King as may seeme for that it is noted in that Temporall Description because the granting of any land in Manum mortuam which by making a Church was done did belong to the King to giue licence To which acte of building a Church the words Sine alicuius licentia meaning no secular Superiour may bee restrained And whereas he might build a Church in his owne land where hee list hee might send his Tithes to which of the Churches he had built but this by the Bishops permission whose consent may as well be supposed though not exprest for the conueyance of Tithes as the consecration of the same by the Bishop is not expressed yet necessarily required How in the Empire it was Goldast Constitut Imper. Tom. 3. the Conuentus Optimatum at Pauy vnder the Emperour Berengarius Anno 903. may witnesse where it was decreed Vt omnis Decimatio ab Episcopis vel his qui ab eo constituti sunt praebeatur nullus eam ad suam Capellam nisi forte Episcopi concessione conferat Quod si fecisse contigerit primum legibus subiaceat humanis postea Excommunicatione populi
onely by vertue of late Statutes But saith hee out of Thorpe a Iudge that in such places out of any Parish as in the forrest of Englewood the King ought to haue the Tythes to dispose of and not the Bishop and relates that the Archbishop made suite to the Councell to haue them Animad 17 Although I know and acknowledge the Kings prerogatiue in disposing all Tythes by his Supreme power in causes Ecclesiasticall yet chiefly in Forrest◠for to him alone Forrests did belong and especially that of Englewood which well euen in reason might be granted him for that in Assarted land much grew more Tytheable then before to the more benefit of the Clergie And it is not said the King may keepe but collate to whom he will which inferres the right of Tythes And since as in the Records after the King there claimeth a priuiledge to build Townes erect Churches Assart lands and giue those Churches with the Tythes of that lands to whom he will because it is not within the bounds of a Parish well he might by his Prerogatiue and Supreme power adde the Tythes of the Townes to the Churches as euen by the Capitulars lib. 1. cap. 93. it is granted Sancitum est de Villas nouis Ecclesiis in ijs nouiter constitutis vt Decimae de ijsdem Villis ad easdem Ecclesias conferantur It is ordained concerning new villages and Churches therein newly founded that the Tythes of those villages should be conueyed to those Churches And this is repeated in the Concil Wormatiens can 52. And in Triburiens c. 14. there it is Si vero in qualibet sylua vel deserto loco vltra milliaria 4. aut 5. vel eo amplius aliquid dirutū conlaborauerit illic consentiente Episcopo Ecclesiam construxerit consecratam perpetrauerit prospiciat Presbyterum ad seruitium Dei idoneum studiosum tunc demum Nouam Decimam Nouae reddat Ecclesiae salua tamen potestate Episcopi If in any forrest or desert place aboue 4. or 5. miles off or more any shall repaire or build a new Church by consent of the Bishop and shall haue it consecrated let him prouide a fit and honest Priest for the seruice of God and then let him giue his new Tythes to his new Church reseruing the authoritie to the Bishop For as the Church was consecrated by the Bishop so the Tythes were disposed by his consent for in those times nothing concerning the Church was done without the Bishop or Popes consent and confirmation So in this case the King making of a desart an Adesart But yet Herle the Lawyer is after cited to be of another minde then Thorpe Pag. 367. But that this is not onely a Prerogatiue to the King but the same which the Baronage claimed in King Iohns time hee intimates Animad 18 Whereas yet that was in the building of Churches not in new assarts but in ancient Parishes as that of Lambeth in the Epistle of Innocent was and no forrest And the Kings grant of a prohibition in his owne name alone against the Bishop of Carleile sheweth it not to be a common priuiledge to his Magnates as to himselfe for else as before he would haue put his Magnates as himselfe in the prohibition Pag. 368. Animad 19 Now because Herle a Lawyer sayth that such Tythes out of Parishes might not arbitrarily be giuen but that the Bishop of the Diocesse should haue them he is censured to speake suddenly that is rashly and out of the Canon Law not out of the Common Law If he knew not how to speake as he ought what doeth our Author It were well that hee should Tutor him in his owne profession and shew that Tythes were giuen or assigned to any Church without the consent of Bishop or Pope and what Rule is there in the Common Law concerning Tythes but it is taken from the Ecclesiasticall Law ANIMADVERSIONS on the twelfth Chapter IN this twelfth Chapter first Pag. 370. concerning Appropriations of Churches Hee obserueth that in the Saxons times in their Appropriations they vsed not to say Ecclesia cum decimis or Ecclesia cum decimis in annona c. which in the Normans time was frequent Animad 1 The reason was not because Tythes were not then ioyned to Churches but because they were not as in the Normans time so disioyned But by the word Ecclesias all passed then Afterward by reason of the seuerall translations of them both the explication cum decimis with the parts thereof as also the place was added where the Tythe grew in such a demesnes of such a man and such like which by the Bishops approbation might be altered and translated In this Section of Appropriations he saith The common intent was that the Monasteries should put Clerkes and Vicars in the Churches Animad 2 This is true as Patrons they did praesent and the Bishops did admit and in Appropriations the Bishops did vsually reserue a power of ordaining a competencie to be assigned to the Vicar or did presently doe it at the first and the Vicar had alwaies recourse to the Bishop in any grieuance offered from the proprietaries for the increase of his portion Pag. 371. Of this inioyning the maintenance of Vicars hee produceth two examples of both Prouinces And first of Yorke before Canterburie for he will bee against the knowne authoritie of those prime Seas But in that last in the Prouince of Canterburie out of Pope Lucius wherein is the word In quibus praesentationem habetis he saith this can not be vnderstood of those which the Monasteries enioyed Pleno Iure whereof indeed before he had spoken Animad 3 Yet heere out of our Records let mee tell him that Anno 1255. the Prior and Monkes of Rochester and the Prior or Warden of their Cell at Filchstow in Walton in the Diocese of Norwich did present one Stephen Banaster to the Church of Tremlegh Officiali tunc vices Episcopi Norwicensis gerenti whom the Officiall instituted and yet Iohn the Bishop thereof before had in his cōfirmation said Ecclesiam de Tremblega pleno Iure cum omnibus pertinentibus pertinere ad Priorem Monachos de Waleton That the Church of Trembleigh did belong Pleno Iure to the Monkes of Walton But I conceiue therin pleno Iure rather to be distinguished from non per vices or non excompraesentatione alterius then otherwise though I contradict not the opinion of the Canonists who say a conueyance of Churches pleno Iure to be of the right of Institution and Destitution which in the next example of the next Section may haue place Pag. 373. In this Number to prooue his paradoxe which hee can neuer prooue That Tythes passed from the Patron by his gift no otherwise then Freehold neither was the confirmation of the Ordinarie necessarie Hee proposeth an example of one Robert of Dene who giues to the Church of Lewis a Church with Lands and Tythes and two
parts of the Tythes of Corne of another place so that the Priest of that Parish shall pay halfe a marke and shall enioy it at the hands of the Prior as long as he doth well and by him to be expelled if otherwise Animad 4 If this were pleno iure then for Institution and destitution it was lawfull if it were a Donatiue then more And whether this priuiledge were vouchsafed by the Bishop or Archbishop or Pope who knoweth The Authour is a Lawyer why doeth hee not shew the Common Law that giues power to priuate men to apropriate Churches to Monasteries without the consent of Ordinaries And as for the intermeddling in enioyning a Noble for the Tithes it was by way of composition as in the Chartularies of Rochester I haue shewed and by no immediate lawfull right If no Lease bee good at the common Law of Tithes not impropriated without the Ordinaries consent how shall any Impropriation be made or good without the consent of the Bishop or Pope And so in his charitie acknowledging the Canons of Nationall Councell then against such Arbitrary consecrations yet hee will suppose a practise contrary both to appropriate and inuest Church-men with them without the Bishop and would defend it though if it were it were praua consuetudo Animad 5 But here let mee remember him of the Appropriation of Hauchis in the last Epistle of Iuo according to which forme all the Appropriations of Churches with vs are The Patron deliuering them ouer to the Bishop and the Bishop to the Monasterie and that euen Charitatiue out of fauour In the Chartularies of the Priory of Leeds obserue how in the Appropriation by Theobald Archbishop of the Church of Eslings in the Diocesse of Canterbury it is thus Rogauit nos Alicia de Eslings quae fuit vxor Radulfi de Cicestria vt Ecclesiam de Eslings quae in fundo eius sita est Monasterio Canonicis Regularibus de Leeds in perpetuam eleemosynam concederemus nam illa quantum ad se spectabat in praesentia nostra temporalia ijs perpetualiter concessit Alice of Eslings that was the wife of Ralfe of Chichester entreated vs that I would graunt to the Monasterie and Canons Regular of Leeds in perpetuall Almes the Church of Eslings which is founded in her lands for she in what apperteined to her in our presence gaue the Temporalties for euer And then vpon Resignation of the Incumbent he doeth Canonically inuest them with it All the rest are such like Ep st 39. But Iohannes Sarisburiensis hath a patterne for all where iustifying an Appropriation to the Priory of Saint Osithe he remembreth the gift of the Founder a Bishop the Charter of the King the confirmation of the Archbishop the Bull of the Pope And in the Epistle 28. Ecclesiam de Effigcham quam Meritonensibus petente Domino fundi donauit Dominus Wintoniensis Eugenius Papa confirmauit The Church of Effigeham which at the request of the Lord of the Mannour the Bishop of Winchester granted to the Priour and Couent of Merton and Eugenius confirmed it These may shew the practise of that time contrary to his opinion P. 376. And whereas he produceth the preamble of Alexander the third Extr. de Institut cap. 3. ex Frequentibus Animad 6 That is of Inuestiture of Clerkes for the words are there Quod Clerici Ecclesiastica beneficia sine consensu Episcopi Dioecesis vel Officialium suorum recipiunt minus quam deceat That Clerkes without consent of the Bishop of the Diocesse and their Officialls receiue Church liuings which sometime though irregularly to haue beene vsed I neuer denied And more frequently in these times whereof our Author speakes wherein as I coniecture the viciousnesse of the former Popes those Faces Pontificum which after Adrian the third succeeded as Pap. Massonius saith when Sanctitas reliquit Pontifices Holinesse left the Popes as Platina gaue occasion to neglect and neglect easily bredd contempt and that vpon euery occasion brake foorth to opposition of their censures and Canons each man in as much as concerned his honour or profit willing enough to take vpon him the praerogatiue of Kings and to defend it with strong hand P. 378. In the next Section to prooue the interest of Patrons in the profits of Churches hee produceth a Chartularie of the Priorie of St. Needs where a Patron Nomine certi beneficij giues to that Priorie sixe Markes of siluer to bee payed yeerely by the Parson of the Church of Wimbisse Animad 7 This is vpon demise or composition not an originall right that the Patron had in Tythes it is likely for some portion of Tythes there so that now by this they may haue Certum beneficium marke that word which before was vncertaine in Tythes of such kind I haue spoken out of the Chartularies of Rochester Whereas he saith he hath not in those times read of a Precedent wherein the Incumbent was granter Now that they were hee may reade before in the iustification of a Portion of Tythes out of the Chartularies of Rochester and in Addit Ad Concil Lateran p. 13. c. 11. Out of interest supposed he saith P. 379. the vnderstanding of the new Canon in the Synode of Westminster held vnder Richard the Archbishop in 21. Henry 2. may be had Nulli liceat Ecclesiam nomine dotalitij ad aliquem transferre No man may passe ouer the Church for a Dowrie that is to remaine with the husband of his daughter or kinswoman during his life Animad 8 But heere hee is deceiued for by Ecclesia the patronage only is vnderstood which neither the Canons would suffer to passe by inheritance nor sale nor heere as a Dowrie but would haue had all bestowed vpon Bishoprickes and Abbeys as vide Append. ad Concil Later p. 15. c. 6. Religioso loco ius patronatus conferendi liberam habeat facultatem Yet he may haue free libertie to bestow the patronage on a religious house and cap. 16. Vnde cum ius patronatus annexum sit spirituali nemini licitum est vendere illud Patronage may not bee sold because annexed to a spirituall thing and cap. 17. It is dishonest to sell patronages And indeed how can this bee otherwise interpreted vnlesse you could imagine a Lay man then might all his life time enioy a Church for being married then he could be no Clerke and not suppose it Infeodatâ— which here he doth not But hee that obserueth the distinctnesse of the Canons then in saying Ecclesiam vel Decimam by the one passing the patronage and by the other the profit will allow my interpretation P. 380. But yet that Patrons might inioyne a Pension vpon a Church without either Ordinarie or Incumbent is prooued by a Fine where vpon condition that the Parson which should be placed in a Church by the Patron should pay such a summe yeerely to the Monasterie and thereof make faith to the Bishop vpon institution and
yet wil be required of the consciences of men But Ego parco non inuehor non exaggero dolorem nostrum meliùs premo quam promo I forbeare I inueigh not I doe not exaggerate I better conceale then reueale our griefe He whose land must bee exempted from paying Tithes let him consider if his soule may not bee exempted from the blessing of God And so I come to the last Chapter ANIMADVERSIONS on the fourteenth Chapter IN this last Chapter in the first second and third Sections first hee pointeth at the Histories of the iurisdiction of Tyths in the Saxons and Normans times and since King Iohn And first proposeth this axiome It is cleere by the practised common law P. 411. N. B. both of this day and also of the ancientest times that wee haue in our yeere bookes that regularly the iurisdiction of spirituall Tythes that is of the direct and originall question of the Right belongeth properly to the Ecclesiasticall Court. As all spirituall causes as the Nouel 123. § Si pro Criminall Si Ecclesiasticum negotium sit nullam communionem habento Ciuiles Magistratus cum ea disceptatione sed religiosissimi Episcopinegotio finem imponunto If it bee an Ecclesiasticall suite let the Ciuill Magistrates haue nothing to doe there with that Plea but let the Bishops ende it Yet hee saith P. 412. in the Saxons time such Pleas were in the Hundred Court before the Bishop and Sheriffe of the County as out of the Lawes of King Athelstan Animad 1 But this annexing of the Sheriffe was onely for aide of obtaining not as to exercise iurisdiction in cognisance of the right Answerable to the law of Hlotharius or Charlemain Leg. long lib. 3. Tit. 3. c. 7. in Addit 4. ad Cap. cap. 73. A comite vel a misso nostro distringatur let him bee distrained by our Shrieue or messenger And to Charles the Great his addition to the Lawes of the Bauarians n. 10. And to the Canon in Synodo Mogunt sub Rabano cap. 7. where in cases of Tythes the Lay-officer is added for execution P. 413. But in the Normans time this Hundred Court for spirituall cases was forbidden Animad 2 And the Bishop or Arch-Deacon which did Tenere placita that is Iudge causeâ— in the Hundred Court must appoint themselues places to heare such causes because since in the Hundred all suites were brought ad iudicium Secularium hominum that is of a Iury the Conquerour therefore redressed it and distinguished the seates of Iudicature P. 414. But after Henry the second Tyths were exercised in both Courts saith hee aswell Secular as Spirituall and that by originall suite for the Spirituall Court hee findeth one example in King Stephens time Animad 3 But to that let mee adde some out of our Chartularies In the confirmation of William Archbishop 1131. There it is said Decimas de Modingham de quibus per Rectorem de Eltham coram nobis fuerint impetiti propterea ex consilio assensu Iurisperitorum nobis assidentium ijsdem Monaechis adiudicamus The Tythes of Modingham about which they were impleaded before vs by the Parson of Eliham wherefore by the Counsell and assent of our Lawyers assessors with vs in the businesse we adiudge them to the same Monkes This in the dayes of Henry the first So Theobaldus in the confirmation to the Priorie of Leeds praecipue Decimam de Summerfelda quam in Synodo Cantuariae ante nostram praesentiam in iudicio dâ—ctus Prior disrationauit Especially the Tythes of Summerfeld which in a Consistorie at Canterbury the same Prior before our presence did euict So Richard Archbishop made his confirmations vpon occasion of the suite before him for the Portion of Geddings Some others might be produced of those times and since there is no question for the Ecclesiasticall Iurisdiction Those Appeales to Rome in Iohannes Sarisburiensis P. 415. by him cited may certifie which after were forbidden by reason of the immodest behauiour of Thomas Becket who to vse the discreete wordes of the same Iohn Epist. 150. Dominum Regem suos zelo quodam inconsultius visus est ad amaritudinem prouocasse cum pro loco tempore personis multa fuâ—runt dispensanda He seemes to haue prouoked his Lord the King to bitternesse with an vnaduised zeale whereas for respect of time plâ—ce and person much was to be remitted and dispensed with thereby did alienate altogether the King from Ecclesiasticall proceedings who then forbade the then vsuall courses of Appeales which were the chiefe of those Auitae consuetudines in the Epistle cited 150. that so all such Titles were for that time determined before the King the Archbishop and the other Bishops being in opposition to the King But for his examples How in the Kings case or of others the parties being of other Prouinces or the matters being Churches wherein the Patronage was accounted Temporall or the partie being in the Kings seruice out of the land may alter the case to which all his examples are to be reduced I know not Yet also that vsually the Seâ—ular power though against the Canons claime of the Clergie would intermeddle in some cases cannot be denyed though our Authour acknowledge the direct Iurisdiction to belong to the Spirituall Court pag. 411. and vrgeth Fleta and Breton for it pag. 428. In the next Section concerning the time after Henry 2. and King Iohn He sayth the Secular Iurisdiction through feare Pag. 421. was almost out of vse in this kinde Animad 4 But I am perswaded and appeale vnto his reading and the Iudgement of all the Lawyers whether more frequent prohibitions and claime of Iurisdiction in Tythes haue not beene more since practised by the secular Courts then euer before as may hence against him appeare That for the proofe of it hee hath cited no Prohibition Fine or Writ or Record in all the following Paragraphs but after these dayes of feare the dayes of Henry 2. and K. Iohn for after that the Canons were more neglected and the Secular Iurisdiction more increased then before which I affirme against that odious passage in his Reuiew wherewith hee ends his Treatise whereout it may be others may picke more sacriledge then he meant And therefore leauing him in the following Law-passages to be examined by some Lawyers who may either finde him altering the question from Tythes to Aduouson as to my vndersâ—anding he altogether doeth or to be otherwise erring in his Collections I desist from further answere of his more feared then fearefull booke Onely for a Corrollarie desiring of both Iurisdictions and the King the Head of both that since so many godly and gracious Lawes and Canons in former ages haue beene made and with such conscience by our Ancestours regarded that the sacrilegious Tythe-robbers by pretence of new Customes and Considerations may not be countenanced but euen the olde customes and rates of things as in those times they were worth
may in time be remitted For with what conscience may a man retaine his Tythe and pay for it but a penie or halfe-penie which is now xij pence or ij shillings And why should the Tenth be lesse worth then any other of the Nine parts are that so God may haue his right and all may haue Gods blessing ANIMADVERSIONS vpon such Passages in the Reuiew which either that worthy Knight Sr. IAMES SEMPILL hath not confuted or are in the Booke before remembred HAuing read the Booke and then seeing the Title of a Reuiew I hoped some religious retractation or recognition what by the conscience of the weaknesse of his proofes and what by the censures of his booke should haue beene published vt secundas partes habeat modestiae qui primas non poterat habere Sapientiae But that partiall conceipt which each man hath to the child of his owne braine especially younger men hath engaged him herein to defend with strange resolution what against all trueth he had affirmed Whereof since in many places of my former refutation I haue made mention and in some others am happily preuented I will onely insist against those passages which are pretermitted And to beginne Pag. 461. I must passe to the 4. Chapter wherein a new Quotation of that Great Father Epiphanius is proposed and insisted vpon to prooue that neither then Tythes were paid nor to be paid because meerely ceremoniall as Circumcision and the like The place quoted is in Haeresi 50. of the Tessares-decatitae of whom Epiphanius saith that except this Haeresie of celebrating Easter on the fourteenth Moone 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 They haue all things as the Church But for the defence of this Haeresie they proposed the curse of the Law against those that did otherwise To which Epiphanius answereth That so the Law curseth the vncircumcised and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 those that did not offer at Hierusalem Ranking Tythes amongst abrogated Ceremonies which they also yet agreeing in all things with the Church did not as may seeme obserue Animad 1 Damascen de Imaginibus Orat. 1. in another case saide of Epiphanius Vna hirundo non facit ver neque vnius oratio tanti ponderis est vt totius Ecclesiae abortu ad occasum Solis propagatae mores instituta possit euertere one Swallow makes no summer neither is the speach of one so weightie that it may ouerthrow the manners and ordinances of the whole Church scattered from East to West I will not say so of Epiphanius Neither will I say as our Authour He did not sufficiently vnderstand and neither will I reprehend him for this as he is reiected by all for his opinion of the feast of Christs Natiuitie but make answere from his owne sense by repetition of his former words At hi quidem omnia habent velut Ecclesia aberrant autem ab omnibus eo quod non consequentiae doctrinae rituum attendunt Iudaicis adhuc fabulis addicti neque aequalia ipsis docent But these haue all things like the Church yet they erre from all because they obserue not the consequence and doctrine of the Rites of the Church but still being addicted to Iewish fables yet doe not holde all as they doe Whence appeares though as after it is said they agreed in the principles of Religion of the Trinitie of the Bookes of Scripture the Resurrection of the Dead yet that in these Rites of the Church by consequence deriued from the Doctrine of which sort are Tythes they did erre and being addicted to the Iewish ceremoniall Law they would obserue the day of Easter in the same time as theirs was obserued for feare of a curse and yet would not Tythe as they did and to whom and where they did nor bee circumcised since alike they should obserue the one as the other if they regarded the curse of the Law So that here Epiphanius may seeme to ranke no Tything with Circumcision but such as was in the circumstance Iudaicall not to condemne Tything as he doth Circumcision but onely Tything to such persons as Legall Priests were and in such places as the Law praescribed This place makes not against the substance of Tythes but the manner and place of Tything and herein directly followeth Eusebius Demonstrat Euangelicarum lib. 1. cap. 10. Whereas to omit his opinion as vncertaine elsewhere For the practise of these times Saint Chrysostome his opposite and Saint Hierome his defender against Iohn of Hierusalem in the condemnation of Origene may testifie whose authorities both for the practise and right appeare in the Catalogue and in other places In the sixt Chapter P. 467. reuiewing his opinion of Arbitrarie consecrations in the third 400. yeeres he puts this Demurre to the consideration of the Reader How otherwise could the Founders and Benefactors of Monasteries haue made Tithes part of their Endowment The answere is ready Animad 1 By translating anciently consecrated Tithes by the consent and authoritie of the Bishop for so Founders and Benefactours did assure them to Monasteries But thence he inferres the validitie of the Donors act P. 478. Ad Tit de Decimis Cap. Dudum num 11. for that Confirmatio ex proprio significatu denotat firmitatem actus confirmati as Panormitan And Nihil iuris noui tribuit sed tantum vetus confirmat as Innocent 4. ad dictum locum c. Animad 2 But first in these conueiances of Tithes the acte of the Bishop was not onely a confirmant but a concedent and conferring acte as by the forme of Gundulphus in his Charter and of all such which at the time of the Donation gaue their authoritie And secondly some confirmation may bee ad solemnitatem actus and so giue no right others ad necessitatem actus without which is no valide acte And thirdly the distinction of Angelus de Clauasio in summa Verbo Confirmatio summi Pontificis may limit those rules Confirmatio summi Pontificis ex certa scientia facit validum quod erat nullum respectu iuris positiui facit firmum quod aliâs est infirmum solemne quod non est solemne supplendo defectus solemnitatis omissae Si vero fiat in forma communi non ex certa scientia nihil iuris tribuit sed solum vetus confirmat The confirmation of the Pope out of certaine knowledge maketh that to bee valide which was voyd in Law maketh that strong which was otherwise weake that solemne which was not solemne supplying the defects of solemnity omitted But if it be made in common forme not out of certaine knowledge it giues no right but onely confirmes the old But he proceedeth and alloweth that since about the yeere 1200. such grants euen with confirmations after were disallowed as appeares out of the Canon of Innocent 3. Tit. de his q. f. à prael cap. 7 cum Apostolica and Tit. de Decimis c. dudum Animad 3 But the first place is very falsely alledged such graunts
Tythes being onely an imposition on the Miners of paying a Tenth to the Emperours and another to the Lord of the Soyle in whose land by priuiledge they might digge for stones not implying a denyall of a further dutie to God both personall and mixt Pag. 40. Animad 12 And that at that time part of those Oblations were Tythes whence Ammianus Marcellinus saith lib. 27. Hierom. Ad pammachium contra Errores Ioan. Hierosolomynitani that the Bishop of Rome Damasus was enriched nay enuied for as St. Hierome speakes Praetextatus who composed the Schisme betweene Damasus and Vrsicinus Solebat ludens Beato Papae Damaso dicere facite me Romanae vrbis Episcopum ero protinus Christianus He was wont merily to say to Pope Damasus Make me Bishop of Rome and foorthwith I will bee a Christian Besides the Canon made by him as Baronius relateth concerning Tythes whereof after as also Saint Hieromes Epistle to him of Tythes the many passages of Saint Hierome which sometimes was at Rome might bee sufficient testimonie Animad 13 And further that in Saint Chrysostomes time there were Tythes amongst that for which the Clergie was enuied may appeare by that before Ex opere imperfecto and other passages in the Catalogue Num. 3. For Opinion only Origen is produced whose Greeke I neither haue nor could euer learne it to haue beene published In his conclusion Origen leaues out Tythes Thus the Author Animad 14 These two seeme his arguments to slight this ful and grounded opinion of Origen in reciting which what hee hath omitted is in the Catalogue obserued But for the first since St. Hierome is the interpreter and for the second since Origen doth not onely say but euen powerfully prooue the Diuine dutie of Tythes those hidden exceptions may not blurre the trueth of the authoritie to which what other Testimonies either before or in that age I haue obserued are placed in the Catalogue P. 42. num 4. In the Constitutions of the Church The Constitutions Apostolical by Clement are iudged supposititious both in generall First for that they are branded for counterfeits in an Oecumenicall Councell Syn. 6. in Trullo Can. 2. And secondly P. 463. for that in them the fiue and twentieth day of December is affirmed there to be the Feast of Christs Natiuitie whereas the learned know not vntill St. Chrysostomes time that day was not setled but variously obserued of the Easterne Church which should haue had specially notice of the Apostolike Canons And St. Chrysostome then learned that time of the Westerne and Latine Church as Homilia de Natiuitate Animad 15 I intend no defence of the whole volume of the Constitutions Apostolicall by Clement against which many others haue produced most valide obiections yet these reasons in respect of the Canon of Tythes are too weake The Councell at Trullus reiected them because Iam olim ab ijs qui à fide aliena sentiunt adulterina quaedam à pietate aliena introducta sunt quae diuinorum nobis elegantem ac decoram speciem obscurarunt Now a long time agoe Heretikes haue foisted in many false and impious things Can. 2. which haue obscured the elegant and seemely shew of what in them is diuine as in the Canon So Gelasius 1. also for the corruptions iudgeth them Apocryphall But can the Authour prooue these of Tythes to bee corruptions what olde heresie brought in these what impietie is in the claime what improbabilitie is in the time since the succeeding fathers challenge them To whose benefit considering the exceeding liberalitie of the former dayes before the Councell of Trullo or Gelasius could the ordinance onely of a Tenth be Although therefore other parts be to be accounted Adulterate and Apocryphall yet if any be this is surely Apostolicall August de baptismo contra Donatisâ—as lib. 4. c. 23. Quod vniuersatenet Ecclesia nec concilijs institutum sed semper retentum est non nisi Apostolica authoritate traditum rectissimè credimus What the whole Church hath alwayes retained not originally ordained by Councels wee beleeue to be a Tradition by Apostolike authoritie Animad 16 The second exception is vntrue and answered by S. Chrysostome himselfe who in the very Sermon quoted De Natiuitate speaking against those it seemes of the prouince of Hierusalem Qui putant quod in Epiphanijs nascitur That Christ was borne in the Epiphanie saith for the confirmation of the Day now obserued Non sunt nostra quae loquimur maiorum sententia est vniuersus mundus contra huius prouinciae opinionem loquitur What we speake is not our owne inuention it is the opinion of the Ancient the whole world speakes against the opinion of that Prouince Here is vnitie antiquitie vniuersalitie Hee proceedeth Vobis qui dixerunt qui sunt in ista prouincia vtique Apostoli Petrus Paulus caeteri Apostoli vos eiecistis nos suscepimus Petrus qui hic fuit cum Ioanne qui hic fuit cum Iacobo nos in Occidente docuit vestri igitur nostri Apostoli Magistri sunt Alibi pax erat hic i. at Hierusalem bellum Magis itaque traditio ibi debuit seruari quam hic vbi discordia Hoc totum dicimus quia nobis dicunt Hic Apostoli fuerunt hic Traditio fuit praedicationi nostrae creatura consentit mundus ipse testis voci nostrae vsque ad hanc diem tenebrae crescunt Simulque considerate inter Dominum Ioannem Baptistam sex menses sunt Who tolde you What did Peter and Paul and the other Apostles that were in that Prouince You excluded them wee receiued them Peter that was at Hierusalem that was there with Iohn that was there with Iames hath taught vs in the West In other places was peace there was warre at Hierusalem better therefore might the Tradition be preserued there then here where was discord This wholly wee say because they obiect Here were the Apostles here was the Tradition To our words the creatures consent the world is witnesse to our sentence for vnto this day be the dayes shortened Also consider how betweene the Natiuitie of our Lord and S. Iohn Baptist were sixe moneths Out of which the falshood of his collection is euident euen made and answered by S. Chrysostome The Easterne Church should haue had specially notice of the Apostolicall Canons so Hee Hic Apostoli fuerunt hic Traditio fuit so they But for all this S. Chrysostome defends the Tradition from S. Peter and shewes the probabilitie not infringing the authoritie of Peters Tradition from this Constitution as our Author doeth but confirming this Constitution to be S. Peters though the Easterne Church did not practise it And prooueth it by the distance of sixe moneths from the birth of Iohn Baptist whom to haue beene borne according to the Churches account he supposeth the Easterne Church allowed Neither is that Argument of any weight The Easterne Churches did otherwise then is contained