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A68720 The historie of tithes that is, the practice of payment of them, the positiue laws made for them, the opinions touching the right of them : a review of it is also annext, which both confirmes it and directs in the vse of it / by I. Selden. Selden, John, 1586-1654. 1618 (1618) STC 22172.3; ESTC S117046 313,611 538

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of the rest as I could haue translated it and I thinke the iudicious Searcher desires rather the originall tongue whateuer it be then a translation Therefore I suppose if he haue not studied the Laws or otherwise know it he will rather take some minuts pains then blame me for not turning it and howsoeuer to diuers peeuish Ignorants out of their daintie stomachs and a pretence of nothing but the more polished literature it may here seem barbarous and distastfull the truth is it was the plain and genuine French of elder time spoken in the English Court and now lothed only by such a know not at all how to iudge of it nor vnderstand the originall whence it came to be and remain so with vs. I remember that old Father Gregorie of Neocaesarea whom they call Thaumaturgus speaking of the old Imperialls of Rome as they were in their Latin which both then was and now is a most accurat and polite phrase commends them for that they were indeed in an admirable and stately language and in such a one as fitted an Imperiall greatnesse 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 saith hee Yet to me it is crabbed and troublesome and so hee saies he was euer driuen to thinke of it yet in his youth he was put to studie them at Berytus and was taught Latin to that purpose If to so great a man that curious language could seeme no pleasanter when he studied it it is the lesse wonder that the Law French which doth as truly and fully deliuer the matter in our Lawes as the Latin in the Imperialls though indeed farre from polite expression should bee so contemptible among the many petie Ignorants which vsually despise what euer their lazie course of studies hath not furnisht them withall and most indiscreetly censure things only as they see them present without regard to the cause or originall of them which made them that they were first ineuitable and afterward remained not without exceeding difficultie if at all alterable But this by the way Of the IX X.XI.XII.XIII and XIV Chapters VPon the discouerie of the Originall of our Parishes of the ancient and late Practice of Tithing here of Arbitrarie Consecrations of Tithes made by the Laitie of the first setling of Parochiall right to Tithes in England of Appropriations of Exemptions of Infeodations and the ancient Iurisdiction of Tithes all which take vp these VI. Chapters no fit Reader can be so blind as not to see necessarie and new assertions and consequents to be made out of them in euery inquirie that tends to a full knowledge of the true and originall nature of Tithes as they are possest or detaind by either Lay or Clergie man in respect only of any humane positiue Law or ciuill Title But we should here briefly admonish somewhat of our appropriated or consecrated Tithes and conclude all with a touch of the Canon Lawes ancient autoritie which in practice made such alteration in England as is shewed about the yeer M.CC. To the matter of Consecrations and Appropriations here apply what is admonisht touching them in the Reuiew of the VI. Chapter and let euery man first carefully looke that he know the course of old Appropriations and the way how the Monasteries and Colledges came by them before hee conclude rashly of the Tithes that are possessed through them Tithes consecrated and appropriated were purposely dedicate to the Almightie and his Seruice although not without mixture of superstition that we are sure of But although a Tithe generally were due to the Euangelicall Priest iure diuino without any ciuill Title yet we are nothing sure that all or the most appropriated or consecrated Tithes are the selfe same Tithes so due which yet is supposd as cleer and neuer further thought on by such as haue troubled themselues and their Readers whi●h arguments for the Church in the point of Appropriations Let him that shall now write of them see here the way how to consider them And let him that detaines them and beleeus them not due iure diuino think of the ancient Dedications of them made to holy vses and howeuer they were abusd to superstition as the other large Indowments of the Church before the Reformation yet followes it not without further consideration that therefore although so dedicated they might be prophand to common vses and Lay hands Consult herein with Diuines But I doubt not but that euery good man wishes that at our dissolution of Monasteries both the Lands and Impropriated Tithes and Churches possessed by them that is things sacred to the Seruice of God although abusd by such as had them had been bestowed rather for the aduancement of the Church to a better maintenance of the labouring and deseruing Ministerie to the fostering of good Arts reliefe of the Poore and other such good vses as might retaine in them for the benefit of the Church or Common-wealth a Character of the wishes of those who first with deuotion dedicated them as in some other Countries vpon the Reformation was religiously done then conferd with such a prodigall dispensation as it happend on those who stood readie to deuoure what was sanctified and haue in no small number since found such enheritances thence deriued to them but as Seius his Horse or the Gold of Tholense But I abstain from censure and adde here by the way a complaint made to the Parlament not long after the Dissolution touching the abuse that followed in the Church through Lay mens possessing of Appropriated Churches and Tithes It deserues to be seriously thought on by euery Lay man that now enioy any of them especially where Diuine seruice is not carefully prouided for Ye that the Lords and Burgesses of Parlament house so are the words of it I require of you in the Name of my poor Brethren that are Inglish men and members of Christes bodie that yee consider well as yee will answer before the face of Almightie God in the day of iudgement this abuse and see it amended Whanas Antichrist of Rome durst openly without any viser walk vp and down thorow out England he had so great fauor ther and his children had such craftie wits f●r the children of this worlde are wiser in their generation than the children of light that they had not only almost gotten all the best lands of England into their hands but also the moost part of all the best Benefices both of Personages and Vicarages which were for the most part all impropred to them the Impropriations held by them were much more then one third of all the Parish Churches in England deuided into three parts And whan they had the gifts of any not impropred they gaue them vnto their friends of the which alwaies some were learnd for the Monks found of their friends children at scole And though they were not learnd yet they kept hospitalitie and helped their poor friendes And if the Parsonage were impropred the Monks were bound to deale Almesse