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.

The Historie of TITHES.

CAP. I. Of Tithes before the Law.

I. Melkizedek had Tithes only of the spoiles of Warre giuen him by Abraham. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 denotes spoiles of Warre, and perhaps also profits taken from the ground, or Ruta caesa.

II. Iacobs vow and payment of Tithes. Both Abra∣ham and Iacob were Priests when they paid Tithes. In whom the Priest-hood was before the Law.

III. Whether any certaine Quantitie were obserued in the Offerings of Cain and Abel.

IV. A Cabalistique operation in numbers by which Tithes and the first Fruits, offered by Abel, might haue a mysticall identitie. Such operations were a∣mongst old Christians also, but meerly vaine.

I.

ABraham, in his return from redeeming his nephew Lot with his substance, and all the substance of Sodom and Gomorrah, was blessed by Melkizedek King of Salem and Priest of the most high God; and gaue him Tithe of all. So is the holy Writ. But what that all was, is not cleerly agreed vpon. it is taken to be 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 miccol aghsher lo, that is, of all that he had, as the ordinarie Glosse of Salomon ••archi there interprets. and ex∣presly

so are the Syriaque and Arabique translations of the new * 1.1 Testament, where this is spoken of. But it is hard to conceiue it of any other all that he had, than all the substance, or all the spoiles that he had by that expedition. The holy Context so points it out. So did the old Iews vnderstand it. otherwise neuer had so great and worthy an Autor, a 1.2 Flauius Iosephus a Iew, confidently writen the Tithe there giuen to be 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the Tithe of what was gotten by the Warre. He knew a receiued opinion in his Nation, to be so, or else had not been so forward to deliuer it. The same is confirmed by the Targum, attribu∣ted to Ionathan Ben-Vziel. there, of all, is interpre∣ted by 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 miccal mah datheib, that is, of all that he brought back. And, to free it from doubt, the holy Aut•••• of the Epistle to the Ebrews, first v∣sing the Text of Genesis in those words, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the Tithe of all, after a few words interposed, ex∣plains it by 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the tithe of the spoiles; as if he had said 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the Tithe of all the spoiles. In that place, the Syriaque hath Tithe b 1.3 and first fruits, and the Arabique, Tithe c 1.4 and Almes. indeed 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 signifieth also first fruits, or the chiefest parts, sacred to the gods among the Gentiles; and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 hath, in that sense, been turnd there, by de praecipuis, in the vulgar. But those Eastern translations suppose, it seemes, as if the Greek should be 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. But we must not take the old text to haue been so different from what we now read. And for that, de Praecipuis, in the vul∣gar; can it be thought that he gaue Tithe of the best

parts only? How stands that with giuing Tithe of. al? It must therefore be interpreted of the spoiles. So S^t. Chrysostomed 1.5 vnderstands the Text. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, saies he, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, that is, the spoiles are called 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, whereof, as he notes also, Abraham made Melkize∣dek a partaker, by so giuing him the first fruits of his martiall performance. Accordingly doth Sulpitius e 1.6 Seuerus, in his storie of Abraham, call his tenth decimam praedae, which is also expresly iustified by S. Hierome, often stiling it decimas spoliorum, praedae & victoriae; who well withall confesses, that, were it not for the holy exposition in that Epistle to the E∣brews, the relation in Genesis might aswell be vnder∣stood, that, on the other side, Melkizedek, as a bounteous Ancestor, had giuen to Abraham the tenth part of his estate; the Text indeed being both in the Ebrew and Septuagints so, that, no name im∣mediatly preceding the mention of the gift, it suffi∣ciently thence appears not, who was the giuer. V∣trunque (saies f 1.7 S. Hierome) intelligi potest & iuxta Ebraicum, & iuxta Septuaginta interpretes, quòd & ipse acceperit decimas spoliorum, & Abrahae dederit decimas substantiae suae; quanquam Apostolus in Epi∣stola sua ad Ebraeos apertissimè definiat, non Abraham suscepiste à Melchisedek decimas diuitiarum eius, sed de spolijs hostium partem accepisse Pontificem. Neither is this interpretation of 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 dissonant from anci∣ent vse among the Greeks. Indeed it elsewhere rare∣ly occurres in this sense; but cleerly in that old pro∣uerb, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, To put an armor, taken from a Pygmie, on a Colossus his back, it de∣notes

nothing else but 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, g 1.8 or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, that is, spoiles taken from dead or liuing, according whereto both Hesychius and Suidas haue expounded it. From which sense, I ghesse, it hath also been brought to signifie those kind of profits, taken (as spoiles) from the Land, which the Ciuilians call Ruta caesa, that is, h 1.9 trees cut down, coles, sand, or chalk digged vp, or the like, which we stile things seuered from the free-hold, and turnd into chattels, according as the Greek Lawyers i 1.10 named them 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Things that were taken from the ground, or free-hold. for so it agrees with our phrase. That, which first bred me this coniecture, was a corrupted place in an old i 1.11 Glossarie, where 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 is interpreted by Ru∣ticilia. what can Ruticilia there signifie? I conceiud it to be depraud for Ruta caesa, which is often read as one word. and no man can denie but that Ruta cae∣sa may easily be stiled spolia or exuuiae villae, and by an easie metaphore be expressed in a word that signi∣fies spoiles of warre. many corruptions much fur∣ther off from the true originals, are obuious in the same Glossarie.

II.

The next passage of Tithes is in Iacobs vow. This stone, saith l 1.12 he, which I haue set vp as a pillar, shall be Gods house. and all that thou shalt giue me, I will Tithe and giue the Tenth to thee. which (Iose∣phus saies) vpon his return, being after XX. yeers, he m 1.13 performed, offering the Tithe of all his sub∣stance, or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the Tithe of all he had gotten. Into whose hands he gaue his Tithes, ap∣pears not▪ But the chiefest Priest of that time was

his father Isaac. For before Aaron, the Iews say, the Priesthood was wholly annext to the first born of fa∣milies. Which n 1.14 agrees well with the sanctifying of the first born, commanded in Aegypt. Hence it comes that Melkizedek is commonly reputed to be Sem, the eldest sonne of Noah (for so in this declara∣tion he may be cleerly admitted; although no small controuersie be whether he or Iapheth were the el∣dest) and Noah, Abraham, and Iob and the like are accounted, o 1.15 by this right, Priests of that time. and as Abraham, being in a right line X. degrees from Sem, gaue tithes to him being the eldest Ancestor of the house, or first-born, and so a Priest in Salem; so it may be thought, that Iacob paid his vow into the hands of Isaac the chief of the family then liuing as a first-born, and a Priest also. But remember withall, that Iacob, although the yonger Sonne, is reputed also to haue had this Priesthood by the sale made to him of his elder brother Esau's birth-right, to which a Pristhood was incident. So was the ancient opi∣nion of the Iews, as Saint Hierome p 1.16 relates it. Si∣mul & hoc tradunt, sayes he, quod vs{que} ad sacerdotium Aaron omnes primo geniti, ex stirpe Noe, fuerint sacer∣dotes & Deo victimas immolârint, & hac esse primo∣genita quae Esau fratri suo vendiderit Iacob. And ex∣presse mention is of his exercising this holy function in q 1.17 sacrifices, during his fathers life. For, hauing gotten the right of primogeniture, and being long seuered from his fathers house, and hauing a distinct family and posteritie in his own power, notwithstan∣ding his father were then liuing, yet had he that kind

of Priesthood in him. For if this holy right came not to any till he had been the eldest of the family as well as the first born, how could Abraham be ac∣counted for a Priest? as expresly Origen and others reckon him; which the forme of his offring his sonne Isaac also iustifies. He was neuer both first-born and eldest of his family. For Sem liued after him about XL. yeers, and kept that title from him; but a first-born he was, and deuided also from his fathers hous∣hold at the time of his tithes giuen him. whence ob∣serue by the way that both Abraham and Iacob, ac∣cording to this right of that time, must be Priests al∣so, when they paid these tithes. No other expresse mention is of tithes before Moses his time; vnlesse, with th Iews, you dream, that the Leuiticall Law was writen before the Creation.

III.

Let the ancients seeme to haue obserued a respect had to the quantity of what was, as a part of the yeerly increase, consecrated in those times to the Lord; and that euen in the first memorie of sacrifice. Cain's offring was not regarded, they a 1.18 say, because, quod offerebat non rectè diuidebat, hee did not well deuide what he offerd: which seemes to designe out a defect in the quantity; as if specially some quota pars were at that time required. But this reason was from no other cause then the mistranslation of the text in the Story of Cain. For, where the b 1.19 original is thus, Why is thy Countenance cast downe? if thou doe well, is there not remission? if thou doe ill, sinne lyeth at the door; they read it farre otherwise, and thus; quoniam, nonne, si rectè quidem offeras; non re∣cte

autem diuidas, peccasti? ••quiesce: which is all one with the Septuagints text, that in the Primitiue times was chiefly in vse, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, say they there, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. If thou offer well, but deuidest not well, hast thou not sinned? bee quiet. And this passage of well deuiding, did Iulian, that witty Apostata, take, for a speciall question to oppose a Bishop in his time. But most agreeable to that translation, and not dissonant from the originall, is, that hee gaue with a grudging minde, and c 1.20 not of the best and first of his fruit, as hee ought to haue done, and as the Heathen euer did, or by their Pon∣tisiciall Lawes ought to haue done in their Praemes∣sum, that is, the first fruits of their Corne, or their Calpar or vinum inferium, which was the richest of their wine. And it is expresly said, that Abel brought of his first fruits, but Cain only of his fruit of the ground; the one giuing the Lord a portion of the best, the other not regarding of what time, what worth it were, so it were of his fruit. So, here is not any quota pars, or certain quantitie noted, but d 1.21 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or the mind only of him that offered, and the qualitie of the oblation.

IV.

Yet to, if some Cabalistique and doting cu∣riosities were of value, there might be some identi∣tie, or at lest some affinitie between the first fruits of Abel, and the tenth part. The first fruits are in the text called 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 becoroth, the tithe 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 maighsher. Now the Iews make great and hidden correspon∣dencies twixt things denoted by any two words, whose seuerall numbers made out of their letters,

are equall; their letters, as the Greeke, being all nu∣merall. and two kinds of this Arithmetique they haue: the one in greater numbers, which is frequent with them; the other in lesse. their practice e 1.22 in the second kind is thus: Out of euery Centenarie and Decad of the letters of a word they take a vnitie, and adde these to the rest, that is, the lesse numbers; by which operation, if two words agree in summe, they thinke forsooth some great mysterie, of mutuall relation, twixt the things signified, is discouered. Those two of the first fruits, and tithes, by this way, are equal. For example. Dispose the letters and their numbers thus.

[illustration]

in the first, out of 400.200. and 20. take 4.2. and 2. that is a vnitie out of euery Centenarie and Decad; and the summe is 8. which, added to the lesse num∣bers, make 16. Likewise in the second, out of 200. 300.70. and 40. take 2.3.7. and 4. (there being no lesse numbers) and you haue the same summe as in the other, that is 16. But take this only as a tast of such impious libertie as these kind of vanities giue (mongst the Iews) to make any thing haue mysticall reference to euery thing. Yet neither were Christi∣ans without the very like in the primitiue times. Witnes the Marcosian and Colabarsian heresies in their α. and ω. made the same with 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and diuers

other like by agreement in number. They indeed went so farre in this ridiculous kind, that they de∣termined f 1.23totam plenitudinem & perfectionem verita∣tis in istis literis (numeralibus) esse dispositam. witnes the Basdidians god, Abraxas. Nay some Fathers of those times so much regarded this arithmeticall way of search, that in this very storie of Abrahams suc∣cesse with his companie of 318. and of his recoue∣ring the goods, the women, and people, they deliuer that the mysterie g 1.24 of our Lord crucified, was deno∣ted. that number 318. is in Greek thus, τιη. For they reckond out of Greek, as the Iews out of Ebrew. in the 300. figured by τ. they supposd the Crosse fore∣told; as otherwise it is vsually obserud vpon that of Ezechiel, cap. IX. 4. And 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. they took for the two first letters of our Sauiours name ιη or Iesus. Wherupon Prudentius h 1.25 relating the victorie, saies, we should be very rich, as Abraham in his spoiles,

Si quid trecenti, bis nouenis additis, Possint, figurâ nouerimus mysticâ.

where, for bis, some Copies, without sense, haue his. but who sees not the vanitie of such mysteries? Al∣though too, the vnlimited libertie of our times, in so confidently daring to tell vs the mysterie of the num∣ber of the i 1.26 Beast, would make a man giue the more regard to these collections out of numbers. Euery great Clerk, that deales with it, hath, for the most part, his seuerall word to make vp 666. Some for vs; some against vs. And no doubt is (that one old one may be added) but he, which, long before Lu∣ther,

made Sir Iohn Old-Castles name to fulfill that prophesie, thought he had been as neer truth as the best of them. Out of IOHN OLD-CASTEL in numerals k 1.27 he makes 701. and thence subtracts the yeer of his age, wherin he so charitably and stoutly tooke part with Lollards, and was condemned for heresie, that is, 35. and the rest being 666. notes him out (saies he) with the Character of the Beast. risum teneatis? this in most miserable verse he ex∣presses. Nor hath this dream of his, place here o∣therwise than as an old patterne of trifling boldnes, vsed in the later Arithmetique of many on that pas∣sage in S. Iohn: in whom are l 1.28 tot Sacramenta, quot verba; and of whom the answer giuen by that great Doctor, Caluin, was as iudicious as modest. he, be∣ing demanded his opinion, what he thought of the Reuelation, m 1.29 answerd ingenuously, he knew not at all what so obscure a Writer meant. he might best haue spoken it on this particular of the number; to which, found by arbitrarie collection, who euer giues much credit, might vnhappily perchance be induced to beleeue some mutuall respect twixt A∣bels Offering, and Abrahams Tithes.

How, among the Iews, Tithes were paid or thought due. CAP. II.

I. First fruits, and Heaue offering (that is, sixtieth parts at least) first were paid out of the fruits of the earth.

II. The first Tithe was paid to the Leuites (who out of that paid a Tithe to the Priests) and then the second Tithe.

III. The error of them that make a third Tithe. The second Tithe of euery third yeere spent on the poore. what they take the yeer of Tithing to sig∣nifie in Deuteronomie.

IV. Aboue a sixt part was yeerly paid by the. hus∣bandman: but no Tithe by him to the Priests.

V. How their Cattell were tithed.

VI. A discontinuance of payment among them. Honester Ouer-seers chosen for the true payment. Demai, that is, things doubtfull, whether Tithes were paid of them or no. Passages in Epiphanius and S. Chrysostome, of their Tithing.

VII. Their Tithing of euery herb. what their Ca∣nonists hold Titheable.

VIII. Their Law of Tithing (after the destruction of their second Temple) ceased, by the doctrine of their Canonists. which teaches also that they are not to pay elsewhere then in the Land of Israel, and some adiacent Countries. Presbyteratus Iudaeo∣rum totius Angliae anciently granted by the En∣glish Kings.

I.

THe yeerly increase being either fruits of the ground or Cattell; In the Law, of fruits of the ground, first, the first of the forwardest n 1.30 were offered to the Priest in eares of Wheat and Barley, Figs, Grapes, Oliues, Pomegranats and Dates. And, of these seuen only, the first fruits o 1.31 were

paid in what quantitie the owner would. next, the Therumah or heaue Offering, or first Fruits of Corne, Wine▪ Oile, Fleece, and the like, were also * 1.32 giuen to the Priests. But it being not determined by Moses of what quantitie this heaue Offering should be; the Iews anciently assest it to be enough at the * 1.33 fiftieth part; but so, that no necessitie was that euery one should pay so much. he that paid a sixtieth part was discharged; and many of the better deuotion offerd a fortieth. The fiftieth part they call 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, that is, an indifferent or competent Therumah, or heaue offering, which they namd also 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, that is, the great heaue Offering. the fortieth they stile 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, that is, a Therumah of a faire eye, or liberally giuen; & the sixtieth 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉▪ that is, a Therumah of an * 1.34 ill eye, or an niggards gift. But you may obserue too, that this, which they cal∣led a niggards gift, was not beneath the quantitie of the Therumah appointed in * 1.35 Ezekiel, where the words are; This is the Therumah that yee shall offer; the sixt part of an Ephah of an Homer of wheat, and yee shall giue the sixt part of an Ephah of an Homer of Barly. it is the same as if he had said, yee shall of∣fer a Therumah of the sixtieth part of euery Homer. for an Ephah (being the same measure with a Bath; that is, neer our common Bushell) was the tenth part of an Homer; therefore the sixt part of an E∣phah, the sixtieth of an Homer. After the Therumahs offerd to the Priests (euery kind being giuen in sea∣son) out of the rest were taken the Tithes. which are best diuided into the first and second Tithe.

II.

The first Tithe was t 1.36 paid, out of the re∣mainder, to the Leuites at Ierusalem by that name it is euery where u 1.37 titled. and, out of this Tenth re∣ceiued by the Leuites, another Tenth they x 1.38 paid to the Priests; as a heaue Offering out of their Tenth, which they called also the Tithe of the Tithe. For the Priests receiued no Tithes of the Husbandmen: on∣ly the Leuites receiued Tenths from them, and paid their Tenth to the Priests; being (as y 1.39 S. Hierome sayes) tanto illis minores, quanto ipsi maiores populo. So Clergie men, by that example, haue paid Tithes to the Pope; and so by a z 1.40 late Law they doe in this Kingdome to the Crown. Neither might the Leuits spend, to their owne vse, any part of theirs, till this Tenth of the Tenth were paid. Afterwards it might be imploied for their maintenance generally where∣soeuer. This first Tenth paid; the nine parts remai∣ning, were a 1.41 accounted 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, that is, prophane, or for common vse; yet not to be spent by the Possessor, till he had taken out of those nine b 1.42 another Tithe, which he was, the first two yeer, to carie to Ierusalem in kind, or if the way were too farre, to turne it into money (adding a fift c 1.43 part of the value: for to this Tithe do the Iews apply that of Leuit. XXVII.30, and 31.) and spend it there at the Temple in Feasts, which were neer like to the old Christians Agapae or Loue-dayes. and euery third yeer the same he was to spend vpon the poore and Leuits within his owne gates. After those Tenths thus disposed of, the rem∣nant of that yeers increase they calld 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, that is, as if you should say, euery way prepared or

fit for common vse, or absolutely Lay Chattels; the first nine parts being so only respectiuely. This other Tithe they stiled their second Tithe, or Tithe for Feasts, that is, * 1.44 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

III.

Some make a third Tithe; as e 1.45 Tobit; ex∣presly vsing the name of 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, a third Tithe. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (sayes he) 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, And the third Tithe I haue giuen to whom it was meet. But he means only the Tithe of the third yeer, that is, the Tithe which euery third yeer (after the first Tithe paid) was to be laid vp by the husbandman in his owne gates for the Leuite that is within his gates, the stranger, the fatherlesse, and the widdow. Which f 1.46 Iosephus also names 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, a third Tithe to be bestowed euery third yeer. and this the Rabbins call 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, that is, the poore mans Tithe. And it is also titled a third; but falls better vnder the second of our Diui∣sion, and need not to made a third, nor is it. Nor, by the great g 1.47 Scaligers leaue, can it be accounted the first, nor doth it at all answer to that. For the first Tithe was paid euery yeere, sauing the Sabbaticall. otherwise, whence should the Leuits and Priests haue their liuelode of that yeer? and so expresly af∣firme the great h 1.48 Doctors of the Iews; and that ac∣cording to their Talmud or Canon Law; that the first yeer first they paid the first Tithe, then the se∣cond, so in the second yeer; and that, in the rhird yeer, after the first Tithe paid, they paid the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, that is, the poor mans Tithe. and that yeer 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, that is, the second ceased, or was not paid. i 1.49 Ben-Maimons words are, that in the third and sixt yeers

the poore mans Tithe was 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, that is, in stead of the second Tithe. Neither can that in Tobit, touching the payment of the second Tithe euerie yeer (wherein both the Greek and Ebrew of him a∣gree, although in other things they much differ) be otherwise well vnderstood, then for euery of the two yeers, vnlesse that text be wholly contrarie to the known practice of the Iews Canons. So then euerie third yeer the Leuits at the Temple mist their second Tithe for their Feasts and Loue-dayes; the same be∣ing charitably, and by diuine Ordinance, spent at home in the gates of the husbandman. Neither doth the second and this poore mans Tithe differ in sub∣stance, but only in circumstance. The diuision of both, is exactly the same, and the persons appointed for the eating, are vpon the matter so to. For as the Leuits, ministring in their course at the Temple, were to haue part in the Feasts made of the second, so were the Leuits and the poore in the countrey en∣tertained with this of the third yeere. The place, where the bestowing was, makes their difference; sub∣stantially they are the same, and fitly goe vnder one name. which is fully to me confirmed by the Septua∣gints translation of that place in Deuteronomy, which we k 1.50 read according to the Ebrew thus: When thou hast made an end of Tithing, all the Tithe of thine en∣crease in the third yeer (which is the yeer of Tithing) thou shalt giue to the Leuits, strangers, fatherlesse, and the widow, that they may eat within thy gates, and be filled. They there translate it. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉: and that is, When thou hast ended the Tithing of all the fruits of thy ground, in the third yeer; the second Tithe thou shalt giue to the Leuit and the stranger &c. as in the com∣mon text. Where plainly, you see, the poore mans Tithe is expresly called the second Tithe, which iu∣stifies our Diuision. Doubtlesse, they there in stead of 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 shenath hamaigsher, that is; the yeer of Tithing (as the text is) found in their Ebrew Co∣pies, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 shenith hamaigsher, which they took for the second Tithe, knowing that in truth that place meant no other. Diuers passages in their tran∣slations are vpon such differences; and they often∣times giue thence a kind of commentarie as well as a translation. Neither is it ill context, that shenith of the foeminin gender should be ioind to maigsher of the masculin. it is not without frequent example in holy Writ. That their word 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (not very vsuall for Tithe) was most proper, and hath no worse ori∣ginall then l 1.51 Athens it self, where by that name, the Tenth of Mulcts and Goods confiscat, was sacred to Minerua. But this place of the yeer of Tithing, is interpreted by the common Glosse m 1.52 of the Iewes by the yeer of one Tithe, as if the text had been 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, that is, the yeer of one Tithe, or of paying only one Tithe. Which in substance exactly a∣grees also with the meaning of the Septuagint. For in the third yeere, sayes Iarchi, there was only one Tithe paid of the two commonly spoken of, that is, of the first and second. The first was only paid to the Leuits. The second, by that name, was not: but the

poore mans Tithe in stead of it: and he so expounds it, that hee takes the mention of the Leuits there to designe out the first Tithe of that third yeer paid at Ierusalem, which plainly also confirmes what is here before declared. The second then, and the Tithe of the third yeer are rhe same in substance. The payment of all appeares in this example.

IV.

After the first fruits paid in eares, admit

The increase 6000.	Ephahs; the heaue Offering at least must be 100.
The remainder 5900.	The first Tithe, 590. and out of this 59. to the Priests.
The remainder 5310.	Out of this, the second Tithe, 531. which euery two yeeres the Leuits had at Ierusalem, and euerie third yeere was spent in the gates of the hus∣bandmen.
The rest being 4779.	was kept for the husband∣man.

So that of 6000. Ephahs, the Leuits and poore had in all 1063. whole to themselues, the Priests 159. and the husbandman only 4779. Hee yeerely thus paid more then a sixt part of his increase, beside first-fruits; almost a fift. Many of no small name, grosly slip in reckoning and diuiding these kinds of their Tithes. But this here deliuered, is from the holy text and the Iewish Lawiers.

V.

Of their Cattell; the first borne were n 1.53 the Lords. paid to the Priest of clean beasts in kind; of vnclean in money, with a fift part added. Of the in∣crease

of them, one Tithe only was paid, and that to the Leuits. Euery Tithe of Bullock and of Sheep of all that goeth vnder the Rod, the Tenth shall be holy to the Lord, sayes holy o 1.54 Writ. Thence at the Tithing they vsed to shut the Lambs (for example) in a sheep∣cote, where the straitnesse of the door might permit but one at once to come out. Then, opening the door, either gently to hunt them out, or by placing the Ewes bleating neere them without, so to cause them run forth one by one, while a seruant standing at the door with a rod coloured with oker, solemnly told to the Tenth; which with his rod he markt. so they p 1.55 vnderstand going vnder the Rod. that so markt, what euer it were, male or female, worst or best, was the Tithe, and might not be changed.

VI.

How the payment of these Tenths was ei∣ther obserued or discontinued, partly appeares in holy q 1.56 Writ, partly in their institution of more trustie Ouer-seers (whom they called 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) for the true payment of them. For after the new dedi∣cation of the Temple by Iudas Machabaeus, vntill his fourth successor r 1.57 Ioannes Hyrcanus (being neer thirtie yeers) all duly paid their first fruits and The∣rumahs, but the first or second Tithe few or none iust∣ly; and that through the corruption of those Ouer-seers▪ Whereupon their great Sanedrim, or Court of seuentie Elders (that is, the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, that is, the greatest Court, that determined also, as a Parlia∣ment, of matters of State) enacted, that the Ouer-seers should be chosen of honester men; and withall, that of such things, whereof, by such corruption, or

otherwise, it was indifferently doubtfull, whether Tithe were iustly paid or no (of which kind, almost all increase, at the time of this act made, was) a heaue Offering or Therumah of the Tenth of all, that is, a hundreth part, should be giuen to the Priests, and then the second Tithe at the Temple should be paid. but no first Tithe or poore mans Tithe was paid of any such things. These kind of goods they called 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 Demai, whereof a speciall Massecheth or trea∣tise is in the Talmud, in the Seder Zeraim From that act of the Sanedrim, to the last destruction of the Temple, it seems, the iust payment of Tithes conti∣nued; and thereof testimonie is (for the time neere the destruction) in s 1.58 holy Writ. But in Tithing and offering Therumahs, the Pharisees were most curious and deuout. they gaue perhaps Tithe after both the Legall Tithes paid, beside fiftieth parts, and somtime thirtiths for their Therumahs. So may be vnderstood that of them, t 1.59 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, which you may interpret, they tithed what was alreadie tithed, they gaue first fruits, thirtith parts and fiftith parts. but I dare not iustifie the translation. neither doe I beleeue, that E∣piphanius there sufficiently vnderstood what they did in their Tithing, nor is his meaning easily, I doubt, apprehended. The like may be, with modesty enough to, said of S. u 1.60 Chrysostome, speaking of the Iewish Legall liberalitie to the Leuits. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, sayes hee, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Obserue but how much the Iews gaue

(to their Leuits and Priests) as Tenths, first Fruits, then Tenths again, then other Tenths, and again other thirteenths, and the x 1.61 Sicle, and yet no man said they eat (or had) too much. so are his words in two places of his works exactly the same; sauing only that in one the varietie of reading hath 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 for thir∣teenths. I confesse I equally am ignorant of both. neither is his enumeration consonant with what the Moniments of the Iews or the holy Text will war∣rant. Coniectures vpon it, I leaue to others. some probable enough might here be brought, but I wil∣lingly abstaine.

VII.

That tithing of y 1.62 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, euery herbe, which is spoken of in the Gospell, (and obserued by the Scribes and Pharisees) was neuer commanded in Scripture, nor by their Canon Law requisit, ac∣cording to the opinion of their Doctors, who re∣straine the payment of Tithes to that z 1.63 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, that is, thy increase, spoken of by Moses; and compre∣hend not herbs vnder that name. They deliuer in∣deed that by tradition from their fathers, all things growing out of the earth, and fit for mans meat, are titheable, which their a 1.64 Lawyers thus regularly ex∣presse, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉▪ that is, Euery thing that is kept as mans meat, and hath his growth from the earth, must pay the heaue Offering, and likewise Tithe; Whence they make such herbes as are mans meat, titheable, but all such as are not mans meat, they dis∣charge of Tithes. and out of that rule also they ex∣cept whatsoeuer was gleaned b 1.65 either out of eares

of Corne, or Grapes, or had out of the corners of the field left in haruest. But, it seems, that for this payment of Herbs, the Pharisees were of the truer side. Our Sauiour likes well their payment, and ex∣presly saies, they ought not omit it, which admoniti∣on of his was to them while yet the Mosaicall Laws were not all expired by the consummatum est.

VIII.

After the second Temple destroied, and dispersion of the Iews, their Law of first fruits, The∣rumahs and Tithes, with them ceased. For their Do∣ctors determin that regularly no inhabitants, but of the land of Israel, were to pay any; although also among them be a wise exception for the lands of Senaar, Moab, Ammon, and Aegypt, because the first is neer their land of Israel, and many Israelites went thither and dwelt there, and the other three are round adioyning their land of Israel. But they deliuer that who so of them took the profits of land mongst the Cutheans or Samaritans, their old ene∣mies (or elswhere in Aram; and so, it seems, by con∣sequent in any other land, sauing which they except) was not to pay any. touching which point many spe∣ciall cases are put by c 1.66 Rabbi Ben Maimon. At this day by their Law they pay none; Those that liue in their land of Israel, for want of their Priesthood and Temple; those that liue dispersed in other Coun∣tries, both for that reason, as also for the other which restrain the payment of them to Canaan. and herein they all agree. But the great Ioseph Scaliger saies, he askt some of them whether, if they might again build their Temple (as after the captiuitie they

did) their Laws of Sacrifices, first Fruits, & Tithes, would be then reuiud; and their answer was, that to build it again were to no purpose, because they had no lawfull Priesthood, there being not one of them that can proue himselfe a Leuit, though many pre∣tend to be so, and some bear also the office of a kind of Priesthood amongst them. And (for example here∣in amongst our own Ancestors) when the Iews liued here they had, it seems, one generall or high Priest ouer them, vsually confirmd at least, if not constitu∣ted, by the King, for life; as appears by Record, prouing that both Richard the first and King Iohn did by their Patents grant the same. the Copie of it being a most rare example and not from this pur∣pose,* 1.67 take here transcribed. Rex omnibus fidelibus suis, & omnibus & Iudaeis, & Anglis salutem▪ Scia∣tis nos concessisse, & praesenti Charta nostra confir∣masse Iacobo Iudaeo de Londonijs Presbytero Iudaeo∣rum, Presbyteratum omnium Iudaeorum totius An∣gliae, habendum & tenendum quamdiu vixerit, liberè, & quietè, & honorificè, & integrè, ita quod nemo ei super hoc molestiam aliquam, aut grauamen inferre prae∣sumat. Quare volumus & firmiter praecipimus quod eidem Iacobo quoad vixerit Presbyteratum Iudaeo∣rum per totam Angliam, garantetis, manuteneatis & pacifice defendatis; & si quis ei super eo forisfacere praesumserit, id ei sine dilatione (saluâ nobis emendâ nostrâ) de forisfactura nostra emendari faciatis, tan∣quam Dominico Iudaeo nostro quem specialiter in ser∣uitio nostro r••tinuimus. Prohibemus etiam ne de aliquo ad se pertinente ponatur in placitum, nisi coram nobis

aut coram Capitali Iustitia nostra, sicut Carta Regis Richardi fratris nostri testatur. Teste S. Bathoniensi E∣piscopo &c. Dat. per manus H. Cantuariensis Archie∣piscopi Cancellarij nostri apud Rothomagum XXXI. die Iulij anno Regni nostri primo. Its true that Pres∣byteratus might denote aswell some Lay eldership. but as vnlikely 'tis that in that age the Clergie men that were officers of the Chancerie, and most com∣monly drew the Patents, at least iudged of the lan∣guage, would transferre their name of Presbytera∣tus to any such signification; so also I suppose that any such Lay or Ciuill Officer among them could not haue scaped often mention in the Records of Iu∣daisme, yet remaynig. Many of them I haue peru∣sed, but neuer met with the name elsewhere then in this Roll. But to this Priest Iacob or other like him among them, no Tithes, first Fruits or Therumahs, were, or are by their Canons payable. and agreeing to them expresly herein is d 1.68 Eusebius, who, amongst other of their Mosaicall Laws, puts their paying of Tithes for one specially that was confined to the land of Israel and Ierusalem. for, first reciting that about eating the Tithes in the place, e 1.69 which the Lord shall chuse to cause his name to dwell there, (which indeed is only spoken of the second Tithe of the first and second yeers) and ioyning it with the generall commandement of Tithing, and with the precepts of the Passeouer, of the feast of Weeks, and of Tabernacles. in which a certain Place by such an indefinit designment is also mentioned; he addes at length with reference to them all; 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉; seeing in so many things he designes out a particular place, so often commanding them to meet there (euery Tribe, euery Houshold) how can it fit them or belong to them, that dwell but a little out of Iudaea? much lesse to the Nations of the whole world. But those feasts he speaks of, the Iews, at this day, obserue, although not accuratly accor∣ding to Moses his Lawes.

Tithes how paid, or due among the Gentiles. CAP. III.

I. Some Romans paid to some Deities, and somtimes only, a Tenth of spoiles; of procede of merchandize; of their estates; but vsually also by vow, which bound the Heire or Executor.

II. Festus is falsly cited for a generall custom of payment of Tithes among the Ancients.

III. Examples of Tithes paid among the Graecians.

IV. How the assertions of a generall vse of giuing Tithe to the Gods among the Graecians, are to be vnderstood; and why 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, that is, to Tithe, sig∣nifies also to Consecrate.

V. A Tithe paid to Hercules of Tyre, and Sabis an Arabian Deitie, the same with Iupiter Sabazius.

I.

THe custom of the Gentiles, vsually talkt of in offering a Tenth, is chiefly to be consi∣derd in the Romans and Graecians. The Ro∣mans

had a kind of deuotion of giuing Tithes, but neither yeerly, nor by compulsorie Law, as some falsly, but confidently, through ignorance in human literature, deliuer the welthier of them, diuers times vsed to Tithe their estates to Hercules, by spending the Tenth in sacrifices, gifts to his Temples, feasts in his Honor, and the like. it appears so, and to be no otherwise, by f 1.70 Plutarchs words, in his questioning the reason of it. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, saies he, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉; Why do many of the rich men tithe their substance to Hercules? and elswhere g 1.71 he (as other Ancients) notes it as a speciall deuotion of some of the sonnes of Fortune. Neither is old h 1.72 Cassius otherwise to be vnderstood, where he de∣riues Hercules his Tenth from an innouation made by Recaranus in Euanders time. This Recaranus, he saies, first taught them to giue the Tenths of their fruits to Hercules (to whom he consecrated an Altar vnder the name of INVENTORI PATRI, after he had regaind his heards that Cacus had stolne) rather then to the King as before the vse was; and then he addes, inde videlicet tractum vt Herculi Decimam profanari mos esset; that is, thence came it to be a cu∣stom, that diuers did pay him a tithe. But, neither by their Law Ciuill or Pontificiall, was this payment. Often it was as a thanksgiuing after some increase of fortune, and often by vow beforehand, and for the most part, of increase of estate by mony gotten vpon sales, and of spoiles of warre. For such things that made accessions to their estates, they were sometime so thankfull. Whereat Cicero iesting, saies, that ne∣uer

any man vowd Hercules a Tenth, in hope of in∣crease of his wit. Neque i 1.73 Hercul•• quisquam Deci∣mam vouit vnquam si sapiens factus fuisset. Of mony gotten vpon sale, an example is in the Parasite, that, after reckoning vp his good merchandize, saies, he must sell it as deare as he can, that he may spend the Tenth vpon Hercules.

k 1.74Haec vaenisse iam opus est quantum potest, Vti Decumam partem Herculi polluceam.

whence the same Autor vses the name of l 1.75 pars Her∣culana. and m 1.76 Tertullian, speaking of the prodigali∣tie of the Gentils in their feasts; Herculanarum de∣cimarum & polluctorum sumptus tabularij supputa∣bunt. For spoiles of warre, witnesse is in that dedi∣cation of Lucius n 1.77 Mummius, which got Corinth and setled it to the Romans, thus inscribed, and yet remayning at Riete.

o 2.1SANCO SEMIPATRI.

De decuma Victor tibi Luciu' Mummiu donum, Moribus anteiqueis hoc pro vsura dare sese, Visum animo so. perfecit sa pace rogans te, Cogendo, dissoluendo vt foelicia faxis, Perficias Decumam vt faciat verae rationis. Propter hoc, at{que} alieis donis, des cuncta roganti.

Their Sancus was Hercules; whom they vsually titled Semo Sancus Deus Fidius, and the title of this tran∣scribed by some, is, Sanco Fidio Semo Patri, which I rather thinke they mistake for S. F. Semoni Patri. That de decuma donum was some speciall gift made

with the cost of the Tithe of the spoiles; and decuma verae rationis is there for the best of discretion and policie, as p 2.2 edecumata mongst the Ancients were the best and choisest parts, and q 2.3 Decumanum the greatest and fairest; as fluctus decumanus, scuta de∣cumana, decima vnda, and the like. the great value that Hercules was by those vows honord with, is vn∣derstood in that of Phaniscus r 2.4 of Tranio.

—vnus isthic seruus est sacerrimus Tranio; is vel Herculi conterere quaestum possiet.

But neither did the Romans and their next Neigh∣bours thus Tithe only to Hercules; but these their arbitrarie vows and thanksgiuings were sometimes also to other Deities. The old Pelasgi s 2.5 that trans∣planted themselues into Italie, gaue their Tenth of gaine out of Sea-merchandize, to Apollo at Delphi, according to the Oracles direction, which at Dodo∣na before had told them, that being mixt with the Aborigines, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, they should send their Tithe to Phoebus. That example of Camillus, is to euery one known. he vowd the Tenth t 2.6 of the spoiles to Apollo, and most carefully took order, by aduice from their most learned Priests, to performe it. and Posthumius Dictator u 2.7 long before vpon his happie victorie against the Latins, tithed the spoiles, spent fortie talents vpon sacrifices and prayers, in honor of the gods, and erected a Temple, with what re∣maind, to Ceres, Bacchus, and Proserpina. At other times also, on the generall worship of the gods, such a Tithe was spent. And other Deities, besides any

of these, had somtimes Tenths of gaine; as Fortune, Mercurie, being the gods of Trauellers and Trades∣men; and the Deities of the way, or Dij Semitales; as Vius, and others. so Noble Scaliger vnderstands that which Taurinus speaks of his father Caesius a Merchant, in an inscription x 2.8 to Fortune.

Omnibus hic annis, votorum more suorum, Centenas adicit, numero crescente, coronas Fortunae simulacra colens, & Apollinis aras, Arcanumque Vij—

Thus in Italie the custom was arbitrarily to pay and vow Tithes to their Deities, and continued in vse til the later times of the Empire, as appears also in that Law receiud from Vlpian by y 2.9 Iustinian. Si Decimam quis bonorum vouit, decima non prius esse in bonis desi∣nit, quam fuerit separata. & si forte, qui decimam vouit, decesserit ante sepositionem, haeres ipsius, haere∣ditario nomine, decimae obstrictus est. voti enim obliga∣tionem ad haeredem transire constat. by this it is mani∣fest that though the vow, or payment without vow, were arbitrarie; yet, vpon death, after vow made, the Heir or Executor of him that vowed was bound to pay; according as also in like vows z 2.10 of Houses, Land, or Chattels, to the honor of a Martyr, Pro∣phet, or Angell, the Law was among old Christians.

II.

The view of these examples plainly disproues that assertion vsed by many out of Festus: Decima quaeque veteres Dijs suis offerebant. no such matter. some did, and only somtimes, and of some things, and most vsually to some gods only. Festus himselfe

was too learned to haue left such a moniment of ig∣norance. No doubt is, but that which Festus had there in some larger note obserued, according to a truth agreeing with what is before opend, was too boldly contracted into that piece of vntruth, by his Epitomator Paulus Diaconas. as in him, so in many other, most obseruable things haue perished, both by the ignorance aswell as negligence of insufficient E∣pitomators. and Paulus is well taxed for it by the diuine Scaliger. Vide, saies he, quantum iuris bar∣barus ille sibi sumpserit in hoc loco mutilando! in∣deed, most of that, which we call and receiue as Sextus Pompeius Festus, is Paulus his only, abridged out of Festus. and those of the midle a 2.11 Ages cited it vnder the name of Paulus his Glosse. But when Scaliger there addes; Vni enim tantum Herculi hoc fiebat; he mends it not enough. for if it had been Decima quaeque. Herculi veteres offerebant, it had been false, if vnderstood as of Tithes vsed to be gi∣uen by all or of all things. they consisted painly in vows and speciall thanksgiuing, which were wholly arbitrarie, as Tenths or Fifteenths giuen by the Sub∣iect in Parlament. and had the offering of them been vsuall of yeerly increase, Cato, that in his de Re Ru∣stica hath so fully the ceremonies of Sacrifices to be vsed by the husbandman in his Haruest, had neuer omitted it.

III.

The Graecians (vnder which name, compre∣hend the Asians that were of Greek manners) often consecrated their Tithes to Apollo. witnesse an in∣scription at Delphi, sacred to him, b 2.12 hauing this Verse,

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

That we may hang vp Tithes and first Fruits to the honor of Phoebus▪ And, that famous c 2.13 Rhodopi•• sent to Delphi as many spits, for vse in sacrifice, as the Tithe of that gaine which she had made of her body came to. The Crotonians, before their warre against the Locrians, vowd a Tenth d 2.14 to him; and the Locri∣ans, to exceed them that way, a Ninth. the Oracle hauing giuen it out, that rather by excesse in vows then armes▪ the victorie should be gaind. To the same Deitie the inhabi••ants of Sip••nus gaue e 2.15 yeer∣ly the Tithe of their mines which they found in the Isle▪ And after a victorie against the Thessalians f 2.16 had by the Pho••ians, they made two statues of the Tithe of the spoiles for him. Of Agit and Agesilaus the like deuotionis g 2.17 remembred. Other like exam∣ples are. Hence was Apollo called 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, as if you should say, Crownd with Tithes. And in regard the offerings to him were either the Tenth, or giuen as in liew of so much, they were stiled 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, as if you should say▪ first fruit in Tenths.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉—

saies an ancient h 2.18 to Delos, where Apollo was born and worshiped▪ that is yeerly first fruits in Tenths are sent thee. so I vnderstand it. But also to others somtimes ioynd with him, the like offerings were. After Pausanias his victorie against Mardonius, the mony of the i 2.19 Tenth of the spoiles was by consecra∣tion diuided, between Iupiter Olympius, Nuptunus

Isthmicus, and Apollo elsewhere k 2.20 Diana of Ephesus participars with him. To other Deities without him, somtimes was this honor giuen, as to l 2.21 Iupiter: to whom also Cypselus m 2.22 of Corinth, when he vowd all the goods of the Citizens if he could get the Citie, had speciall ••egard to the Tenth part, as competent to a Deitie; when to performe his vow, he gaue yeerly, for ten yeer together, the Tithe of all their estates, and left them the nine for their maintenance and merchandize. And Cr••esus admonisht by Cy∣rus, would not haue the goods of the Lydians n 2.23 ran∣sackt by his Souldiers, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Because necessarily they were to be tithed to Iupiter. Somtimes Iuno hath this part; as in o 2.24 Samos, the Tithe of certain Merchants goods was conse∣crated to her in a Cup. Pallas sometime hath it. Di∣uers of the Boeotians and Chalcidians being taken prisoners by the Athenians and ransomd, the p 2.25 Athe∣nians, with the Tithe of the ransome, consecrated a Chariot to her. She also had among them the Tithe of all goods q 2.26 confiscat, and that they calld 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. And a tradition was among them of Priapus a Ge∣nius of warre, that at Iuno's request taught Mars first to dance, and then made him a perfit Souldier; that r 2.27 Iuno gaue him for a perpetuall salarie, all the Tithe of the spoiles that Mars should gaine in his victories.

IV.

These examples among the Graecians are, for some kind of Tithes vowd, or otherwise arbitra∣rily, or by some locall custom paid to speciall Dei∣ties. But testimonies are not wanting among them,

as generall almost as that of Festus is for the Romans. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (saith Harpoctation, and, out of him, Suidas) 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, They vsed to Thithe their spoiles of warre to the gods. and Didymus s 2.28 an old Grammarian, tels vs that, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, It was a Greek custom to consecrat the Tithes of their abundance to the gods. From whence both he and Suidas fetch the reason why 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, to Tithe, signifies also to consecrat. but therein they are deceiud. Neither doth the Greek phrase to Tithe, signifie generally to consecrat; but in this notion it denotes only a speciall consecration of yong Athenian Maids made to Diana in her feast Brauronia. None by their Law was to t 2.29 haue a hus∣band, but such as were then initiated to her; and none was to be initiated but between fiue and ten yeers of age; from which vtmost yeer (because for the most part till then, they staid from these Rites) the Virgins to be initiated, were calld 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, as if you should say, ten yeerlings; and thence came u 2.30 the word 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 to signifie, to this purpose only, to consecrat or initiat, which otherwise was exprest by 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. But if those Grammarians meant that al men paid their Tithes in Greece, and that of euery kind of their spoiles or abundance; they deceiue much and are deceiud. you must vnderstand them as speaking of what was sometimes, and by vow or spe∣ciall thanksgiuing, done. Their saying it was a Cu∣stome to tithe, or that they tithed, is but like that of Cassius: mos erat Herculi decimam profanari among the Romans. It was a custome somtime and of som∣things

to doe it, as it was a custome to consecrat sta∣tues, haire, vessels, and other more such like to Dei∣ties. yet were those customes no more generall or binding all or done by all, then the custome, in some Cities among vs, to offer at wedding-dayes. it was a custome or vse to doe so; that is, many men did so. The examples before taken out of story make that plaine. And in that sense only are these autors to be credited, touching the consecrating of Tithes to the gods in generall. For sometimes they were generally giuen to the gods, without any particular designed. Suidas x 2.31 relates an example thereof, among the Ly∣dians. And when the Athenians had deuided Lesbos into 3000. parts, they y 2.32 consecrated 300. that is the Tenth, generally to the gods. and Pisistratus writing to Solon touching the tribute of a Tenth, sayes, that he tooke Tithes of euery one of the people, not so much for his owne vse, as * 2.33 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, as for publique sacrifice or the vse of the gods in generall. and the Tenth of what the Cooks in a 2.34 Athens kild for meat, was so due for a publique vse in honor of the gods, if my Autor deceiue not.

V.

Here may bee added to the Graecians vse, the example of the b 2.35 Carthaginians, that sent the Tithe of their Sicilian spoiles to Hercules at Tyre. and you may remember that Arabian Law, wherein eue∣ry Merchant was bound to carry his Frankincense to Sabota (which the Learned take to bee Saubatha in Ptolemie; the chiefe Citie of Arabia foelix) and there offer to their god Sabis the c 2.36 Tenth of it, which his Priests receiued. neither might any sale be

made of it till that was paid. Sabis doubtlesse was their Bacchus, Vranus, Iupiter, or Sabazius; which are one. For the Deities of the Arabians were al∣waies accounted but d 2.37 two: the god Vranus (known also by those other names) and the goddesse Vrania or Venus. it is neerest truth therefore, that their Sa∣bis is the same with Sabazius, which was first cor∣rupted from Zabaoth, commonly occurring in holy Writ as an attribute to the only and true GOD. and as this name, so the paiment of the Tenth very likely came to them from the vse of it among the Iews, their Neighbours, as also to the Carthaginians from their Ancestors the Phoenicians, that spake the same language with the Iews and conuerst most with them. Neither is it vnlikely but that the ancient and most known examples of Abraham, gaue the first ground, both to them and to the Europaeans, so som∣times to dispose the Tenth of their spoiles of warre to holy vses. For 'tis no newes to haue the eldest of Iewish customs vsurpt (though according to time and place diuersly varied) amongst the Gentiles. What of later time is found among Mahumedans for the Tenth paid, must be referd to the Mosaicall Law, which they receiue as authentique, but keep it according to Mahumeds fancie, and the doctrine of his Canonists. You may remember here e 2.38 Eudemus his relation of some kind of beasts in Africa that al∣waies deuided their prey into eleuen parts, but would eate only the Ten, leauing the Eleuenth as 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, a kind of first Fruit or Tithe. So saies my Autor, and take his word alone; I am not his Suertie.

In the first foure hundred yeers after Christ. CAP. IV.

I. No vse of Tithes occurres till about the end of this foure hundred yeeres. Offerings and Monthly pay for maintenance of the Church in the primitiue times. Diuisiones Mensurnae. Sportulae.

II. Payment of Tithes of Mines and Quarries to Christian Emperors. The wealth of the Church enuied.

III. The opinion of Origen touching Tithes.

IV. Constitutions of those times, that mention them, are of no credit.

I.

SInce our Sauiour, the time being about MDC. yeers, it will fall aptly enough so to diuide that number quadripartitly, that we may discouer the known Vse, Opinion, and Constitu∣tions of euery foure hundred yeers, touching the dutie or paiment of Tenths. the difference or lati∣tude of XX. yeers or some such number, either of increase or want (as accasion shall serue) being al∣lowd. and the English Law and Vse (because there∣in we shall be most particular) being referd to the last seuen Chapters. Till towards the end of the first foure hundred, no Paiment of them can be proued to haue been in vse. Some Opinion is of their being due. and Constitutions also; but such, as are of no credit. For the first; 'tis best declared by shewing the course of the Church-maintenance in that time.

So liberall, in the beginning gf Christianity, was the deuotion of the beleeuers, that their bountie, to the Euangelicall Priesthood, farre exceeded what the Tenth could haue been. For if you looke to the first of the Apostles times; then the vnitie f 2.39 of heart a∣mong them, about Ierusalem, was such that all was in common and none wanted, and as many as were possessors of lands or houses, sold them and brought the price of the things that were sold and laid it downe at the Apostles feet, and it was distributed vnto euery man according as he had need. And the whole Church, both Lay and Clergie, then liud in common as the Monks did afterward about the end of the first foure hundred yeeres, as g 2.40 S. Chrysostome notes. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (saies he) 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, that is, so they liue now in Monasteries, as then the beleeuers liud. But this kind of hauing all things in common, scarce at all continued. For we see, not long after in the Church of Antiochia (where Christianitie was first of all, by that name, profest) euery one of the Disciples h 2.41 had a speciall abilitie or estate of his owne. So in Galatia and in Corinth, where S▪ Paul ordaind i 2.42 that weekly offerings for the Saints should bee giuen by euery man as hee had thriued in his e∣state. By example of these, the course of monthly Offerings succeeded in the next ages. Those monthly Offerings giuen by deuout and able Christians, the Bishops or Officers appointed k 2.43 in the Church, re∣ceiud; and carefully and charitably disposed them on Christian worship, the maintenance of the Cler∣gie, feeding, clothing, and burying their poore bre∣thren,

widowes, orphans, persons tyrannically con∣demnd to the Mines, to Prison, or banisht by depor∣tation into Isles. They were called Stipes (which is a word borrowed from the vse of the Heathens in their collections made for their Temples and Dei∣ties) neyther were they exacted by Canon or other∣wise, but arbitrarily giuen; as by testimony of most learned l 2.44 Tertullian, that liued about CC. yeers af∣ter Christ, is apparant. Neque pretio (are his words) vlla res Dei constat. Etiam si quod arcae genus est, non de oneraria summa quasi redemptae religionis congrega∣tur modicam vnus quis{que} Stipem menstruâ die vel cum velit, & si modo velit, & si modo possit, apponit. Nam nemo compellitur, sed sponte confert. Haec quasi deposi∣ta pietatis sunt. And then he shewes the imployment of them in those charitable vses. Some authoritie m 2.45 is, that about this time lands began also to bee gi∣uen to the Church. If they were so; out of the pro∣fits of them and this kind of Offerings, was made a treasure; and out of that, which was increased so monthly, was a monthly pay giuen to the Priests and Ministers of the Gospell (as a salarie for their seruice) and that eyther by the hand or care of the Bishop, or of some Elders appointed as Oeconomi or Wardens. Those monthly payes they called men∣surnae diuisiones, as you may see in n 2.46 S. Cyprian, who wrote being Bishop of Carthage, about the yeere CCL. and, speaking familiarly of this vse, calls the Brethren that cast in their monthly offerings, fratres sportulantes, vnderstanding the offerings vnder the word sportulae, which at first in Rome denoted a kind

of running banquets distributed at great mens hou∣ses to such as visited for salutation, which being oft∣times also giuen in mony (as you may remember out of Mardial) the word came at length to signifie both those salaries, wages, or fees, which either * 2.47 Iudges or Ministers of Courts of Iustice, receiud as due to their places, as also to denote the Oblations giuen to make a treasure for the salaries and maintenance of the Ministers of the Church in this primitiue Age. and to this purpose was it also vs'd in later p 2.48 times. But because that passage of S. Cyprian, where he vses this phrase, well shews also the course of the maintenance of the Church in his time, take it here transcribed. but first know the drift of his E∣pistle to be a reprehension of Geminius Faustinus a Priest his being troubled with the care of a Ward∣ship, whereas such, as take that dignitie vpon them, should (hee saies) be free from all secular troubles like the Leuits, who were prouided for in Tithes. Vt qui (as he p 2.49 writes) operationibus diuinis insistebant, in nulla re auocarentur, nec cogitare aut agere secularia cogerentur. and then hee addes, Quae nunc ratio & forma in Clero tenetur, vt qui in Ecclesia Domini ad ordinationem▪ Clericalem promouentur nullo modo ab adminstratione diuina auocentur sed in honore Sportu∣lantium fratrum, tanquam Decimas ex fructibus acci∣pientes, ab Altari & Sacrificijs non recedant, & die ac nocte coelestibus rebus & spiritalibus seruiant. which plainly agrees with that course of monthly pay, made out of the Oblations brought into the Treasurie; which kind of meanes he compares to

that of the Leuits, as being proportionable. But hence also 'tis manifest, that no payment of Tithes was in S. Cyprians time in vse, although some, too rashly, from this very place would inferre so much. those words tanquam Decimas accipientes (which continues the comparing of Ministers of the Gospel with the Leuits) plainly exclude them. And else∣where also the same Father finding fault with a cold∣nes of deuotion that then possest many, in regard of what was in vse in the Apostles times, and seeing that the Oblations giuen were lesse then vsually be∣fore, expresses r 2.50 their neglect to the Church, with, at nunc de patrimonio nec Decimas damus. whence, as you may gather, that no vsuall paiment was of them, so withall obserue in his expression, that the libera∣litie formerly vsed had been such, that, in respect thereof, Tenths were a small part. vnderstand it as if he had said, but now we giue not so much as any part worth speaking of. Neither for ought appears in old moniments of credit, till neer the end of this first four hundred yeers, was any paiment to the Church of any tenth part, as a Tenth, at all in vse.

II.

But some Laws of this time yet remaine, which shew that Tenths out of Mines and of Quar∣ries were paid, both to the Emperor and to the Lord of the soile; as in the ancient state of Rome the Tenants of the Lands of the Empire paid for Rent the s 2.51 Tenth of their Corne, whence the Pub∣licans that hired it (as the Customers doe here the Kings custome) were called Decumani. those Laws for the tenths of Mines and Quarries, were made

by t 2.52 Gratian, Valentinian, and Theodosius, Christian Emperors, about CCC.LXXX. and shew with∣all that they thought not then of any Tenth of such things, to be giuen otherwise, when indeed (how∣euer Cyprian might before haue cause to complaine in Afrique) Christian bountie in Oblations (espe∣cially at Rome; and with proportion like enough in other Churches) so inricht the Clergie, that their wealthie happinesse thence was much wonderd at, and not a litle, from thence, enuied. For the then Bi∣shop of Rome his wealth from Oblations chiefly, you may see u 2.53 Marcellinus. For other of the Clergie, a whole Sermon is in x 2.54 S. Chrysostom that liud at the end of this first CCCC. yeers, against such as en∣uied the wealth of the Church, that grew only out of such Christian deuotion to the Priesthood.

III.

As touching Opinion in that time; Origen a great and most learned Father, liuing about the yeer CC. hath a whole Homilie y 2.55 vpon the Text of first-Fruits in the Law, wherin while he teaches that some things are literally to be obserud, he well ad∣monisheth that 'tis the part of a wise Interpreter to find out which are so, and which not. And then first he deliuers his iudgement, that this of first-Fruits is one to be obserud still according to the letter, and giues this reason; Decet enim (as the Latin is: the Greek I neither haue, nor could euer learn that it hath been publisht) & vtile est etiam Sacerdotibus Euangelij offerri primitias. Ita enim & Dominus di∣sposuit, vt qui Euangelium annuntiant de Euangelio viuant, & qui Altari deseruiunt de Altari participent;

and a litle after addes also for Tithes: Et adhuc vt amplius haec obseruanda etiam secundùm literam ipsius Dei vocibus doceamur, addemus ad haec; Dominus di∣cit in Euangelijs; Vae vobis Scribae & Pharisaei, hy∣pocritae, qui decimatis mentam, hoc est, Decimam datis mentae & cymini & anethi & praeteritis quae maiora sunt legis. hypocritae, haec oportet fieri & illa non omitti. Vide ergo diligentius quomodo sermo Domini vult fieri quidem omnimode quae maiora sunt legis. non tamen omitti & haec quae secundum literam designantur. Quod si dicas, quod haec ad Pharisaeos dicebat non ad Discipulos; audi iterum ipsum dicen∣tem ad Discipulos: Nisi abundauerit iustitia vestra plusquam Pharisaeorum & Scribarum, non intrabi∣tis in regnum Coelorum. Quod ergo vult fieri à Pha∣risaeis multo magis & maiore cum abundantia vult à Discipulis impleri. And a litle after. Quomodo ergo abundat iustitia nostra plusquam Scribarum & Pha∣risaeorum, si illi de fructibus terrae suae gustare non au∣dent priusquam primitias Sacerdotibus offerant & Leuitis Decimae separentur; & ego nihil horum faciens fructibus terrae ita abutar, vt Sacerdos nesciat, Leui∣tes ignoret, diuinum Altare non sentiat. And in this forme, and vpon these reasons, he brings in that of Tenths in the Gospell, to proue his purpose of first-Fruits. But in his conclusion vpon it, he leaues out Tenths, and speaks only of first-Fruits, thus. Haec diximus asserentes mandatum de primitijs frugum vel pecorum debere etiam secundum literam stare. What we haue transcribed shews both his opinion fully, and the ground of it; without which specially ob∣serued,

error soon followes ofttimes in collection from autoritie. For Opinion of this time, thus much. More, I confesse, might be added out of some o∣ther great Fathers, as S. Ambrose, and S. Augustine. but because they fall so neer the end of our first age and continue into the second; they are omitted here and referd to the beginning of the next foure hun∣derd yeers.

IV.

For Constitutions of the Church; if you could beleeue those supposed to be made by the A∣postles, and to be collected by Pope Clement the first you might be sure both of payment in the Apostles times, as also of an expresse opinion as ancient for the right of Tenths. there you read: a 2.56 Quae secun∣dum Dei mandatum tribuuntur, Decimas dico & pri∣mitias, insumat Episcopus vt homo Dei. and the right is there largely grounded vpon the Leuiticall com∣mandement. But no man that willingly and most grosly deceiues not himselfe, can beleeue that this Constitution or diuers others there, are of any time neer the age of the Apostles, but many hunderd yeers after. The litle worth, and lesse truth, of the whole Volume is enough discouerd by diuers of the learned. and it was long since branded for a coun∣terfait in an Oecumenicall b 2.57 Councell, when, doubt∣lesse, it was not yet neither so stufft with Canons of later birth, as since it hath been. neither are there greater arguments against it as now it is, then some passages of fact that obuiously occurre in it, among which this may cleerly goe for one. Had it been the Apostles ordinance or the vse of the Church in the

Primitiue times, Origen, Tertullian and Cyprian (hauing such occasion to mention it) could not haue been so silent of it. And is it likely that all the old Councels, from thence till neer DC. yeeres after Christ (which, being authentique beyond excepti∣on, haue speciall Canons for the lands and goods possest by the Church, the Offerings, Reuenues, and such more) could haue omitted the name of Tenths, if either such vse or Apostolicall Law had preceded? They talke of 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the goods of the Church, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 or Offerings of fruits; but haue not a word any where of the Tenth part. And in those counterfait c 2.58 Canons also which some too credulously (and those also that wholly reiect the eight Books of Clementines) receiued as made by the Apostles, one is indeed of first Fruits (al∣though, touching them by that name, certainly no Law was made vnder the Apostles) but no word of Tenths. Of a like credit, its to be feared, is that which is attributed to a fourth Councell of Rome, held about the yeer CCC.LXXX. by Pope Da∣masus. indeed (vpon Cardinall Baronius d 2.59 his cre∣dit) in the Vatican the Legend of this Pope, which was vs'd to be read in the Church, is extant; and, with some miracles, are mixt in it certain decrees supposed his, and made in he knows not what Coun∣cell at Rome. of which one is; Vt Decimae at que pri∣mitiae à fidelibus darentur, & qui detrectarent ana∣themate ferirentur, as he relates it. But those decrees, being taken out of the Legend of him, neither euer were receiud as Canonicall in the Church, nor hath

the eldest Code of the Church of Rome, or Fulgen∣tius, Cresconius, Isidore, Burchard, Iuo, or Gratian, mention of any of them. Not because what was ta∣ken to be truly his, was altogether wanting; for the Canons of one Councell of Rome vnder him, his E∣pistles, and some Decrees are and haue been from ancient time, publique and dispersed in som of those Compilers; and one e 2.60 especially they haue of his time, which being made only for the disposition of such things as were giuen to the Church, speaks on∣ly of Oblations. but this of Tithes or any of the rest ioynd with it touching Vsurers, Witches, and other more (which Baronius only and first publisht to the world, out of the Ms.) none of them once remem∣ber. Neither before Binius his edition had any Vo∣lume of the Councels receiud into them a memorie of any such Decrees vnder this Damasus, or any Councell of his of that number. Those kind of Acts and Legends of Popes and others, are indeed vsual∣ly stufft with such falshoods, as being bred in the midle ages among idle Monks, not only grow anci∣ent now, but are receiud amongst vs with such reue∣rence, that the antiquitie which the Copies haue gaind out of later time, is mistook for a Character of truth in them for the times to which they were first, by fiction or bold interpolation, referd. In summe, no example for the Synods of succeeding ages, no antiquitie for the Compilers of the Ca∣nons, had been of equall reuerence to this of a Pope, and done at Rome. neither had they omitted euery of those Decrees, had they been truly his. Confi∣dently

conclude, they are supposititious. yet remem∣ber too that some colour is for the truth of such a Constitution, in regard that about that time the first memorie is of Tithes by that name paid in the pri∣mitiue Church; as in the next part of this diuision shall be declared. And were that f 2.61 Epistle not coun∣terfait, which is attributed to S. Hierom, as writen to this Pope vpon that question: Vtrum vs as decima∣rum & oblationum secularibus peruenire possit, it might be good cause to maintain the truth of this Decree of his for Tithes. But plainly that Epistle is alike fained; neither tastes it of him or of any time neer that age; nor hath it been euer receiud among that most learned Fathers works.

From about the yeer CCCC. ••ill DCCC. CAP. V.

I. Tithes were now paid in diuers places, to Ab∣bots, to the Poore, to the Clergie.

II. Some Consecrations were then made in perpe∣tuall right, at the pleasure of the Owner.

III. That storie of Charles Martell his taking away Tithes, and making them feodall, cannot be iustified.

IV. The opinions of S. Ambrose, S. Augustine, S. Hierom, and S. Chrysostom. the first two teach, the Tenth due by Gods Law; the other two per∣swade only that a lesse part should not be offerd.

V. Of Canons, for the payment of Tithes, that are attributed to this Age.

VI. No Canon or other Law was yet generally re∣ceiud to compell any payment of Tithes, although a∣mong the Offerings of deuout Christians, gifts of that quantitie, were receiued as due by the Doctrine then in vse, in some places only.

ABout the beginning of the next, or rather some yeers before the end of the first part of this diuision, and afterward, Tenths were paid, or, for holy vses offerd (as the phrase was) in diuers places, in Offerings of that quantitie; and some testimonie is of Churches also endowd with the perpetuall right of them in the later halfe of this four hundred yeers. Great Opinion was now of their be∣ing due. And some Canons and Prouinciall Consti∣tutions, attributed to this time, ordain a payment of them. But not aboue one of these (and that's only Prouinciall) is of any credit.

I.

That they were offerd vnder the name of Tenths in part of Italie, may be collected out of S. Ambrose who was Bishop of Millan before, and af∣ter the yeer CCC.XC. And the like for the Dio∣cesse of Hippo may be supposd out of S. Augustines vehement Sermon for the payment of them. The words of both these Fathers (which in relating their opinions are anon transcribed) may enough proue, that some did in those times offer them. And it may be, g 2.62 S. Hierome pointed at the receiuing of Tithes then so offerd, in those words of his, spoken in the person of a Clergie-man. Si ego pars Domini sum & funiculus haereditatis eius, nec accipio partem inter cae∣teras

tribus, sed quasi Leuita & Sacerdos viuo de De∣cimis, & Altari seruiens Altaris oblatione sustentor, habens h 2.63 victum & ves••itum; his contentus ero & nu∣dam crucem nudus sequar. But 'tis no necessitie to vn∣derstand him so. it may well be, that de Decimis there is but a continuance of the comparison made by quasi Leuita; as if he had said, But liue like a Le∣uite that liud of the Tithes, and seruing at the Altar, am maintaind by the offerings at the Altar &c. what in Gratian is falsly attributed to him, is before re∣memberd. In Aegypt also, some holy Abbots had Tithes of all fruits offerd them about the beginning of this age. Certatim Decimas vel primitias frugum suarum memorato seni (to Abbot Iohn) de suis sub∣stantij offerebant, i 2.64 saies Cassian, the Hermit that liud about the yeer CCCC.XXX. and the Ab∣bot receius the offering with this kind acknowledge∣ment; Deuotionem huius oblationis (cuius dis••ensatio mihi credita est) gratanter amplector, quia fideliter primitias vestras ac Decimas indigentium vsibus futu∣ras, velut sacrificium Domino bonae suauitatis offertis. Where it appears the Abbot receiud them as a Tre∣surer for the poor. And about the yeere CCCC.LXX. Christians also in Pannonia, by example of S. Seuerins bountie, gaue the Tenth of their fruits to the poor. Deuotissime (saies k 2.65 my autor that then liud also) frugum suarum Decimas pauperibus impen∣debant; quod mandatum, licet cunctis ex lege notissi∣mum sit, tamen quasi ex ore Angeli praesentis grata de∣uotione seruabant. And a little after, he relates that the Inhabitants of Lauriacum (which some take for

Lorch in Austria) being often admonisht by S. Seue∣rin, to pay the Tenths of their fruits to the poor, had notwithstanding omitted it; wherupon, their Corne being blasted, they humbly come vnto him, poenas suae contumaciae confitentes, acknowledging their losse as a reward of their fault. And the Saint an∣swers them; Si Decimas obtulissetis pauperibus, non solùm aeterna mercede frueremini, verùm etiam commo∣dis possetis abundare praesentibus. whence is seen both the receiud vse of offering them in that place, as also the opinion of Seuerin. And in a Prouinciall Coun∣cell at * 2.66 Mascon, held in the yeer D.LXXXVI. that is, the XXIII. of King Guntheram, by all the Bi∣shops subiect to his gouernment in France, the pay∣ment of Tithes, into the hands of the Ministers of the Church, is spoken of, as of good antiquitie at that time, and grounded vpon the Mosaicall Laws, which they call there diuinas, and adde; quas leges Christianorum congeries longis temporibus custodiuit intemeratas. that long time they speak of, might haue had perhaps beginning from the doctrine of those two great Fathers, S. Ambrose, and S. Augustine, a∣bout the yeer CCCC. whereof, more presently. But obserue also that, Leo the Great (he was Pope from CCCC.XL. to CCCC.LX.) hath di∣uers Sermons, yet remayning, De ieiunio Decimi mensis & eleemosynis, wherein he is very earnest and large, in stirring vp euery mans deuotion, to offer, to his Parish Church, part of his receiud fruits, but, speaks not a word of any certain quantitie. The like may be noted in some Homilies of m 2.67 S. Chrysostom,

touching the Churches maintenance, in which you might wonder how Tithes were omitted, if either deuotion or doctrine had neer the beginning of these CCCC. yeers made payment of them (espe∣cially in the more Eastern parts) of any common vse. For the later part of those yeers, see towards the end of this Chapter.

II.

But beside the offering of Tenths yeerly (as was done, by the deuouter sort, sometimes to the Ministers of the Sacraments, somtimes to Abbots, and the like) a perpetuall right also of them was consecrated to some Churches, by grant or assign∣ment, out of such or such land, at the owners plea∣sure; and that long before the end of this four hun∣dred yeers. These speciall indowments may be col∣lected from a Canon of a Councell of n 2.68 Arles, held in the yeer DCCC.XIII. which thus speaks: Vt Ecclesiae antiquitus constitutae, nec Decimis, nec vlla possessione priuentur. and other Prouincials of that time, and Laws of Charlemain agree with it; as that of his thus speaking; o 2.69 Ecclesiae antiquitus con∣stitutae, nec Decimis, nec alijs possessionibus priuentur, ita vt nouis oratorijs tribuantur. These cannot well be vnderstood, vnlesse you interpret them to mean Churches anciently endowd with Tithes. And what was then about the yeer DCCC. said to be anciently endowd, must be referd back into some part of the time we now speake of. Neither are the moniments of that time without example of such endowments. It is reported that Pipin about the yeer DCC.L granted the Tithes of all that lay

between Ourt and Lesche two Riuers of Ardoinne, to a church consecrated to the honor of S. Monon. So I take that in p 2.70 S. Monon's life. Beato viro ob ti∣tulum Christianitatis mactato Pipinus Rex regaliter Decimas obtulit, quas habet inter Letiam & Vrtam. So about the yeer q 2.71 DC.LXXX. Decimancula in Rodulfi Curte, that is, the right of a Tithe of small value, in a place calld Rodulfs Court, was conse∣crated to the Church of Arras. And in a confirma∣tion by King Pipin of the foundation r 2.72 of the Ab∣bey of Fulda (which was made in DCC.XLII.) consecrations of Tithes to the same Abbey, either alreadie made or thereafter to be made, are speci∣ally confirmed. whatsoeuer it had or thereafter should haue in donis, oblationibus, Decimis{que} fide∣lium, absque vllius personae contradictione firmitate perpetuâ fruatur, are the words. But these kinds of grants it seems were not yet in much vse. and what was of them, I ghesse, might haue beginning not long before DCC. yeers from our Sauiour. For if they had been known much before, the precedent of them could hardly haue been omitted by Mar∣culphus, who liud vnder King Clouis the second a∣bout the yeer DC.LX. and collected carefully the Formulae or precedents of al kinds of Deeds, Con∣ueyances, and Grants, that were practiced in his time; amongst which he hath many by the name of Cessiones and Donationes, wherein lands and other profits were giuen to this or that Church, but ne∣uer mentions any one for the gift of Tenths.

III.

If the common tale of Charles Martell his

taking away the Tithes, that Churches were en∣dowd with, and giuing them to the Laitie, about the yeer DCC.XL. were true, it were autoritie (both for generall payment, and speciall endow∣ment in those times) of great antiquitie and faire proof. but although that of him be receiud as a storie by diuers of late time, yet cleerly it can ne∣uer be iustified. He was indeed a robber of the Church; but he is not mentioned by any old autor of credit, to haue medled with Tithes. He was Monasteriorum multorum Euersor, and Ecclesiasti∣carum pecuniarum in vsus proprios commutator, as s 2.73 Boniface Archbishop of Mentz, that liud in his time, complains of him. that is, he took Monaste∣ries, Bishopriques, Church-Rents, and possessions from the Clergie, & prophand them to lay-hands, as a reward of their militarie seruice then done for Christianity against the Saracens, who from Spain inuaded the Countrie▪ wherupon also, another fi∣ction is too patiently receiud; t 2.74 that, Eucherius Bi∣shop of Orleans in a vision saw him damned for it; and that by a search (according as an Angel admo∣nished) in his tomb, it was also confirmd for truth; there being found in it, no relique of him, but on∣ly a dreadfull Serpent. The first autor of this Hob∣goblin storie seems of like credit with him, who e∣uer he was, that first publisht that the taking of Tithes was Martels chief sacriledge. Tithes in his time were not so vniuersally as yet annext to chur∣ches, as that they could be the main obiect of such a sacriledge. nor are they euer reckond so among

those ancients, that largely speak of Lay mens op∣pression by defacing whole Monasteries and Bi∣shopriques in the times that next succeeded. Nei∣ther is it cleer that in Eucherius his life, Martell was dead. for it is obserued and taught by that great and most learned Cardinall u 2.75 Baronius, that he liud at least ten yeers after Eucherius. How then could Eucherius cause his Tomb to be searcht; and there find a Serpent? That's enough, & truth too, that Boniface brands him withall for his tyrannical spoiling the Church of her other possessions; Lon∣ga torsione & verenda morte consumtus est. the rest is only out of the Legend of Eucherius his life, which (as other things for the most part of that kind) is too full of falshoods to gain to it selfe any credit. And some late Canonists that out of his ty∣rannie against the Church, interpret their Decimae infeudatae, or feudall Tithes, are alike in no small error, as in the next Age shall be manifested. For neither was the course then vsed in taking the Church reuenues for militarie maintenance, to giue them in fee to any Lay man. but leases for life were made by Church-men, to such as the Prince appointed, of great part of their possessions, wher∣upon certain small Rents (according to a propor∣tion ordaind by the State) were reserud. Those leases were somtimes vpon the Princes request re∣newd, but vpon death of the Lessee, the estate and possession reuerted to the Church. all which ap∣pears plainly in a x 2.76 Councel held in the yeer DCC.XLII. vnder Prince Carlomann sonne to Martell;

where that, which was so leased, is called accor∣ding to the phrase of the Time, Ecclesialis pecunia, ou•• of euery Casa••a whereof a shilling was to be reserud to the Church or Monasterie, whence it was granted. That Casa••a was a quantitie of land known certainly from the custom only of euery Countrie, as a yard land, or a hide of land with vs. the same word, but varied in gender▪ often oc∣curres in old Charters of our Saxon times, espe∣cially in the Lieger books of Worcester, and Abing∣don. And in that of Abingdon, a Charter is of King Edwi, made y 2.77 to one Brithric of quinque Cassati terrae, the title or rubrique being Carta quinque hy∣darum; and another there is with the same ru∣brique, the words of the Charter it selfe being quinque Mansae; whereupon by a Marginall note in an ancient hand, one obserues those two to de∣note but the same. Nota (saies he) quod Hidae, Cas∣sati, & Mansae idem sunt. But this by the way. Of no lesse falshood or vpon other ground, then this fiction of Martell, is their z 2.78 relation which attri∣bute to that Synod vnder Caroloman, these words, Decimas occupatas à prophanis restituimus. Neither course nor any storie of the time can iustifie it.

IV.

For the Opinions of Fathers in the begin∣ning of this Age; first, * 2.79 S. Ambrose thus, in a sermon of Repentance, teaches them due by Gods Law. Non nobis sufficit (saies he) quod nomen Chri∣stianorum praeferamus, si opera Christiana non faci∣mus. Decimas nostras annis singulis de cunctis frugi∣bus, pecoribus &c. praecipit erogandas Dominus.

Then he ••ltes the Text of that Precept, out of Mo∣ses, and goes on with Nouem partes vobis tributae sunt, sed qui Decimas dare noluistis ad solam Deci∣mam reuertotis. Next, hee reprehends other offen∣ces, and addes, Quicunque recognoscit in se quod fi∣deliter non dederit Decimas suas, modo omendet, quod minus fecit quid est, fideliter Decimas dare, nisi vt nec peius, nec minus aliquando Deo offeras, aut de grano tuo, aut de vino, aut de fructibus arborum, aut de pecoribus, aut de harto, aut de negotijs, aut de ve∣natione sua. De omni substantia quam Deus homini donat, Decimam partem sibi reseruauit, & ideo non licet homini retinere illud quod Deus sibi reseruauit. Agreeing with him, is S. Augustine in a whole Homily a 2.80 for the right of them; About Haruest hee made it (if it be his; for it hath been doubted whether it be his or no) on the XII. Sunday after Trinitie. Propitio Christo, saith he, fratres charissi∣mi, iam propè sunt dies in quibus messes colligere de∣beamus, & ideo gratias agentes Deo qui dedit, de of∣ferendis, imò reddendis Decimis cogitemus. Deus e∣nim qui dignatus est totum dare, Decimam à nobis dignatur repetere, non sibi, sed nobis sine dubio pro∣futuram. and grounds himself vpon that of b 2.81 Ma∣lachy, the text of honor the Lord thy God with all thy substance, and the like. Then exhorts them. Decimae tributa sunt egentium animarum. redde er∣go tributa pauperibus; offer libamina sacerdotibus; and admonishes, that, if they haue no fruits of the earth, they should pay the Tithe of whatsoeuer they liue by; Quodcunque te pascit c 2.82 ingenium,

Dei est; & ind•• Decimas expetit vnde viuis; de militia, de negotio, & de artificio redde Decimas. aliud enim pro terra dependimus, aliud pro vsura vi∣tae pensamus. And then vrging more Texts out of the old Testament touching Tithes and first fruits, and telling them, that the neglect of payment is the cause of sterilitie and blasting; Haec est (he saith) Domini iustissima consuetudo, vt si tu illi Decimam non dederis, tu ad Decimam reuoceris. And after∣ward with much earnestnesse, Decimae ex debito requiruntur, & qui eas dare noluerit, res alienas in∣uasit. & quanti pauperes in locis vbi ipse habitat, illo ••ecimas non dante, fame mortui fuerint, tantorum homicidiorum reus ante tribunal aeterni iudicis appa∣rebit, quia à Domino pauperibus delegatum suis vsi∣bus reseruauit. Qmi ergo sibi aut praemium compa∣rare, aut peccatorum desiderat indulgentiam prome∣reri, reddat Decimam. These two great Bishops a∣gree; and from the Law giuen to the Israelites, take their whole doctrine. S. Hierome is by some vsed for an autor to the same purpose, and that from his d 2.83 Commentarie to the text of Malachy, which (after he hath opened the words of the Pro∣phet, being only about the neglect of payment of Tithes and first fruits; about the neglect of pay∣ment only, not the right of them) are these; Quod de Decimis primitijs que 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 que habent, & dare pauperibus, & sequi Dominum

Saluatorem; quod si facere nol••mus, sal••em Iud••••∣rum imitemur exempla, vt pauperibus partem demus ex toto, & Sacerdotibus & Leuitis honorem debi∣tum deferamus. Who hence thinks, that his opini∣on agrees with the other two, may as well inferre, that he meant also, that all men were still bound to sell all they had, as in the Apostles times. Hee speakes only, as admonishing Christians to giue their almes to the poore, and double e 2.84 honor to the Labourer in the Lords seruice, not binding them at all to offer this or that part, but leauing plainly a Christian libertie; wherein yet, true deuotion indeed, as he means, should not be more backward then the Iews were, when they duly paid. He that indifferently reads him, will thinke no otherwise. Neither is S. Chrysostom at all different from him. He perswading f 2.85 euen labourers and artificers to giue bountifully their offerings to the Church for holy vses, according to the Apostolicall ordinance in the Churches of Corinth and Galatia, brings the Iewish liberalitie in their payments of Tenths for an example (beneath which, he would not haue Christians determine their charitie) and sayes withall, that he speaks these things not as comman∣ding or forbidding that they should giue more, yet as thinking it fit that they should not giue lesse then the tenth part (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, as his words are) of all profits gaind either from the earth, or by merchandize, or whatsoeuer iust imployment either of person or estate. but not of Vsurie and Warre, which (at least as it was vsed in

those primitiue Ages) was held by most Doctors g 2.86 of the time, as vniust as Vsurie. and indeed, where it was iust, there no part of the gaine or spoiles was to be giuen to the Priests, by the do∣ctrine of some h 2.87 Rabbins, that affirm it as expresly taught i 2.88 within a Text of Moses. But his excepti∣on of Vsurie agrees with the Canonists of late times, that will not haue Tithe paid of vniust gain, no more then k 2.89 the hire of a Whore, or the price of a Dog, was to be brought into the Temple. what is there called the price of a Dog, is by Iosephus l 2.90 ta∣ken for monie giuen for the lone of a Dog to breed withall. You may adde to the opinions of this time that of m 2.91 S. Gregorie, where he admonishes the hallowing of Lent, consisting of six weeks, out of which, the Sundayes being taken, XXXVI. dayes remain for the Tenth part of the yeer; fracti∣ons of dayes omitted. this Tenth of time he would haue vs giue to God, vt in lege iubemur (as his words are) Domino Decimam rerum dare.

V.

Some Canons, both Pontificiall and Syno∣dall, made for the right and paiment of Tithes, are attributed to the ages that fall about the midle of this time. But I haue not obserud aboue one, that is of any credit, as referd hither; neither was that euer receiud into the bodie or any old Code of the Canons. That one is Prouinciall, and made in the yeer D.LXXXVI. in the Councell of n 2.92 Mascon (a Bishoprique in the Diocesse of Lions) where all the Bishops of King Guntherams Kingdom being present, speak of reforming Ecclesiasticall customs

according to an ancient example, and then begin with Leges Diuinae, consulentes Sacerdotibus ac Mi∣nistris Ecclesiarum, pro haereditaria portione omni po∣pulo praecaeperunt Decimas fructuum suorum locis sa∣cris praestare, vt nullo labore impediti per res illegiti∣mas, spiritualibus possint vacare Ministerijs; quas leges Christianorum congeries longis temporibus cu∣stodiuit intemeratas. Vnde statuimus vt Decimas Ec∣clesiasticas omnis populus inferat, quibus Sacerdotes aut in pauperum vsum aut in captiuorum redemptio∣nem erogatis, suis orationibus pacem populo ac salu∣tem impetrent. Here is no small testimonie aswell of ancient Practice in paying of them, as of great Opinion for their being due. But although the whole Councell hath to this day remaind with the subscriptions of the Bishops to it, yet (whateuer the cause was) not so much as any Canon of it is found mentioned, as of receiud authoritie in any of the more ancient Compilers of Synodall de∣crees; notwithstanding, that the fullest of them, I meane Isidore, liud long after this Councell held, and hath some other Synods of the Continent of France, as of Orleans, of Arles, of Agatha. But this he mentions not. The first that published it, was Frier o 2.93 Crab, in his Edition of the Councels vnder Charles the fift. Yet also in some that colle∣cted the Canons since Isidore, Decrees of elder time then that is, are to this purpose spoken of; as you may see in Iuo p 2.94 at the end of a Decretall of Gelasius that was Pope in the yeer CCCC.XCII. where these words are annext, Decimas iusto ordine,

non tantum nobis, sed maioribus nostris visum est, ple∣bibus tantum vbi sacrosancta dantur baptismata de∣beri. This stands continued with the rest of Gela∣sius, in the print. But in an old and very fair Copie neer as ancient as Iuo, remaining in the Librarie at Pauls, these words begin with a coloured capitall, as a seuerall Paragraph; and indeed are not Gela∣sius his, but Pope Leo's the fourth, who liued a∣boue CCC.L. yeers after. that appears plainly out of the Epistle q 2.95 of Gelasius (whereto they are annext) which Gratian hath in all, sauing this, ac∣cording to Iuo, yet cites this passage in another place r 2.96 by it selfe, out of that Leo, from whom also 'tis likewise taken by Anselm and Gregorius Pres∣byter, who haue in their collections the rest of Ge∣lasius his Epistle according to Iuo, as it is noted to the Text publisht by command of Gregory the thirteenth. And in those Decrees s 2.97 of Gelasius that are extant touching the Church-treasurie, or reuenue, no mention is of other then of redditus Ecclesiae & oblationes fidelium. A like falshood is committed by them t 2.98 that attribute a Prouinciall Constitution touching the distribution of Tithes amongst the Bishops and inferior Ministers to the first Councell of Orleans, held in the yeer D.VII. and that by finding som words to this purpose ad∣ded to a Canon which in the printed Iuo u 2.99 hath a marginall reference to some Councell of Orleans. It is most certain that the first Councel of Orleans, x 2.100 hath no word of Tithes in it, but speaks of the distribution only of such things as in Altario obla∣tione

fidelium conferuntur, and possessions of other like kind of Church-lands. and according to that, Burchard and Gratian y 2.101 cite it; who haue also those words that Iuo there hath, excepting only that of Tithes. And some other Prouincials of the z 2.102 same place and age, to the same purpose, speake afterward of oblationes & facultates, but not a word of Tithes. All which shews plainly that no such matter was euer in the first Councell of Or∣leans. The truth is also that Iuo himself cites it not out of any Councell of Orleans, but from, I know not what Councell of Toledo, as his Ms. copie is, and as it is truly publisht in the printed book. all that directs to the Councell of Orleans there, be∣ing only the marginall note of du Molin a Cano∣nist of Louain that set it forth. But neither any of Orleans or Toledo hath it all as he relates it. The truth is; that Canon of his is made vp out of two Councels indeed, the first a 2.103 of Orleans, and the ninth of b 2.104 Toledo, and agrees well with both, sa∣uing for so much as is expresly spoken of Tithes. That which in those two had been ordaind for Of∣ferings and other reuenues of the Church, he not vnfitly applies to Tithes, being a more known part of that reuenue in his time; and thither draws al∣so an old Councell of c 2.105 Rome as if it had spoken expresly of them, & writes all in no other syllables then d 2.106 Burchard had before deliuered with a like title of ex Concilio Toletano. But this excuses not those which make the words of such a collection, out of two or three old Councels, applied to a la∣ter

time, to go for a Canon of any one of them. Many such are occuring in Burchard and Iuo e∣pecially, and some in Gratian; which are noted vpon their credits, and, in some editions, placed in the times to which they attribute them, licet for∣san falso tali sint Pontifici, vel certè tali Concilio per scriptorum incuriam adscripti, as Frier e 2.107 Crab well admonishes. A like falshood is in attributing, out of the same f 2.108 Iuo, an expresse Canon for the pay∣ment of first Fruits and Tenths, to the Prouinciall Synod of Siuill, held in the yeer D.CX. in these words. Omnes primitias & Decimas tam de pecori∣bus quàm de frugibus, diues simul & pauper Ecclesijs suis rectè offerant. and a litle after: Omnis rusticus & artifex quis{que} de negotio iustam Decimationem fa∣ciat. and then, Si quis autem haec omnia non Deci∣mauerit, praedo Dei est, & fur, & latro; & male∣dicta quae intulit Dominus (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) Cain non recte diui∣denti congeruntur. There is litle reason to doubt, but that the reference of that Canon in him, to that Councell of Siuill is false. The Councell of that yeer and place is extant, whole in diuers editions, as it was certified by eight Bishops which were at it; and in that no taste is of any such matter. The old Ms. copie of Iuo, of or very neer his time, in the Librarie of Pauls, hath it ex Concilio Spanensi, the printed book being ex Concilio Hispalensi; what Spanensi is, I know not. if it were Spalensi, it were the same with Hispalensi, for which Spalensi is al∣waies in Isidores Councels, as Spania is somtimes g 2.109 anciently for Hispania. what euer he meant by it,

cleerly the whole Canon is of much later time; the first words of it also being nothing but the sylla∣bles of one of Charlemains Laws h 2.110 that was not made till DCC.LXXX. yeers from Christ. that is, Vnicuique Ecclesiae mansus integer absque vllo seruitio attribuatur. where Mansus is for a Farme or dwelling place, in the same sense as at this day Manse is vsed in the Laws of Scotland. Some o∣thers like these occurring are mistaken. and you may obserue that Gratian more warily abstaind from vsing such Canons mistitled; among which also, from these. But the lesse falshood is to be im∣puted to Iuo, in regard that Burchard before him had almost all his syllables; from whom hee tran∣scribed. yet that excuses not his negligence com∣mitted in not carefully examining his autor; which often causes grosse impostures, sometimes procee∣ding from malice, somtimes from ignorance, to be receiued as perfit truth; especially by those that cite, without more regard, Prouinciall Synods ab∣solutly there mentioned for the first of that name, when indeed they are often of farre later time. Slothful Readers are soon so deceiued. But among the known and cerain moniments of truth, till a∣bout the end of this CCCC. yeers, no Law Pon∣tificall, or Synodall (saning that of Mascon) de∣termins, or commands any thing concerning Tents; although very many are which speaking purposely and larely of Church Reuenues, Obla∣tions, and such like, could not haue been silent of them, if that quantitie had been then establisht for

a certain dutie· You may see i 2.111 enough in those to which the margin refers you; all made in this part of our diuision; none vsing other words (to this purpose) then facultates, praedia, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, oblationes, vota fidelium, res Ecclesiae delegatae, or collatae, and the like, as the phrases are in the other first CCCC. yeers. some of which kind yet the Canonists and others, in Prouinciall Synods, haue in the later ages, compiling their Decrees, made to serue as if they had expresly named Tithes. as you may see in that example rememberd before out of Iuo, and Burchard; in that of the Councell of Gangra in C. 16. q. 1. c. 57. in Canonibus; in that of the 29 Chapter of Gelasius his Decree in the Councell of Tribur held DCCC.XC. cap. 13; in that of the first Oecumenicall Councell of Chal∣cedon cap. 17. in c. 14. of the same Synod of Tri∣bur; and in that of the ninth Councell of Toledo k 2.112 in an old Councell of Cologne. hee that reads those old Canons only, as they are so applied, in late autoritie, to Tithes, might perhaps soone think that at first they were made specially and by name for them. The matter is plainly otherwise. what was ordaind in them about Oblations, is out of them in later times (Tithes and Oblations be∣ing then supposed of equall right) expresly exten∣ded also to Tithes. the word Oblations, as you see in those times, being vsuall for Tithes also when they were giuen; and offerre Decimas was the com∣mon phrase, for to giue Tithes. About the end of these yeers in a Prouincial Synod held at Friuli

in D.CC.XCI. vnder Paulinus Patriarch of A∣quilegia, the words are, De Decimis verò vel pri∣mitijs (saluis scilicet allegoricarum rerum mysticis Sacramentis) nihil meliùs puto dicere quàm quod scriptum est in Malachia Propheta, dicente Domino; inferte omnem Decimam in horreum meum &c. and vpon that place, the supposition of the dutie being grounded, a Commination is added; Quis non timeat vel contremiscat illam maledictionem quam minatur nolentibus offerre? The opinion of the Synod is here plainly seen. and it is rather a de∣claration by Doctrine, then a constitution by Precept.

VI.

But howeuer either this of Friuli, or that before cited of Mascon, had their Prouinciall au∣thoritie, no Canon as yet was receiued in the Church generally, as a binding Law, for payment of any certain quantitie; which not only appears in that we find none such now remaining, but also is confirmd by the testimonie of a great and lear∣ned French Bishop (in whose Prouince also Mas∣con was) that could not be ignorant of the receiud Law of his time. Hee liud and wrote very neere the end of this first foure hundred yeers (I thinke, in the very beginning of the next.) And, in a Trea∣tise about the dispensation of Church reuenues, expresly denies, that before his time any Synod or generall doctrine of the Church had determind or ordaind any thing touching the quantitie that should be giuen, either for maintenance or buil∣ding of Churches. Because his words are speciall

autoritie also against those counterfeit titles of Canons before spoken of, they shall haue place here. Iam verò (saith l 2.113 he) de Donandis rebus & ordinandis Ecclesijs nihil vnquam in Synodis consti∣tutum est, nihil à sanctis patribus publicè praedica∣tum. Nulla enim compulit necessitas feruente vbique religiosa deuotione & amore illustrandi Ecclesias vl∣trò aestuante &c. This Autor is Agobard Bishop of Lions (very learned, and of great iudgement) and had not so confidently denied what you see hee doth, if any Decree, Canon, or Councell generally receiud, had before his time commanded the pay∣ment or offering of any certain part. How the au∣toritie of that Councell of Mascon stands with his meaning, I well conceiue not. But cleerly, hee speaks truth, in regard of what was generally re∣ceiud. For neither in the Codex Ecclesiae vniuersa∣lis, or the Codex Ecclesiae Romanae, or Africanae, Fulgentius Ferrandus, Cresconius, or Isidores col∣lection (all which, in those elder ages, were as parts of the body of the Canon Law) is once any men∣tion of the name of Tenths. And indeed, that Councell of Mascon, with all other Church-Laws in m 2.114 France, lay a long while neglected before Agobards time, as in the age of our fathers that of Mascon likewise did. Yet withall, no doubt can be made, but that in most Churches in this time, a∣mongst the offerings of those of the deuouter sort, Tenths or greater parts of their annuall increase were giuen, according to the doctrine of those Fathers before mentioned, and those other testi∣monies.

Whereto you may adde that complaint of Boniface n 2.115 Archbishop of Mentz, about D.CCL. against the Clergie. Lac & lanas (sayes he) ouium Christi oblationibus quotidianis ac Deci∣mis fidelium suscipiunt, & curam gregis Domini de∣ponunt. And in an Exhortation o 2.116 writen neer D.CCCC. yeers since: Ille bonus Christianus est qui ad Ecclesiam frequentiùs venit, & de fructibus suis non gustat nisi prius ex ipsis Domino aliquid offerat; qui Decimas annis singulis Pauperibus reddit; qui Sacerdotibus honorem &c. These also shew a vse of payment among the firmer and deuouter Chri∣stians in those times. But they were then disposed of diuersly; now you see to the Priests, now to Ab∣bots, now to the Poor. and when they were offe∣red to Baptismall or Episcopall Churches, they were receiud as indefinit Offerings, the quantitie whereof was wholly arbitrarie, in respect of any constitution or generall Law in vse. The quantitie of the Offerings was arbitrarie, but some kind of Offering was necessarie. He that offered not at all, of his fruits, was compellable, it seems, by Excom∣munication (as in the p 2.117 Easterne Church; where that compulsion also was taken from the Churches autoritie in the Patriarchat of Constantinople) but not as yet, he that offerd a lesse quantitie. And that it was a speciall bountie to offer the Tenth, you may see in the old Aethiopian q 2.118 Masse, where a distinct prayer is for those, Qui obtulerunt munera sanctae vnicae, quae est super omnes, Ecclesiae sacrifici∣um scilicet r 2.119 primarum Decimarum, gratiarum

actionis signum & monimentum. And it seems the disposition of the Offerings were so in the Patrons power (by the practice of some places) that hee might assigne a s 2.120 certaintie of them to the Mini∣ster of his Church, and employ the rest at his plea∣sure (which agrees enough with the right challen∣ged, in the succeeding ages, touching Inuestiture and arbitrarie Consecrations; whereof, more in the next CCCC. yeers) although in this age also some Canons t 2.121 of the Clergie subiected all new∣built Churches to the Bishops gouernment; but were little obeyed. For meere Church-Laws, hi∣therto. Some secular Constitutions are, that a∣bout the yeer D.CC.LXXX. were made for the payment of Tithes, by Charles King of France, Italy, and Lumbardy, and afterward Emperour. But because they fall so neere the end of this part of our Diuision, and are rather to be accounted amongst the Laws of his Empire (which began not till neer XX. yeers after; that is, about D.CCC.) then only of his Kingdome, and were af∣terward receiud into the Imperiall Capitularies, whence we haue chiefest notice of them; they are purposely referd into the next CCCC. yeeres, as the first Latitude, required in our Diuision, per∣mits. Neither before them, did any generall Law, that yet remains in publique, and is of credit, or∣dain any payment of Tenths in the Westerne Church. For in the Eastern, neuer any Law, that I haue obserud, mentions them.

Between about the yeer D.CCC. and neere M.CC. CAP. VI.

I. Payment of Tithes, how performed.

II. Arbitrarie Consecrations of them alone (like Grants of Rents-charge) at the Lay-owners choice, to any Church or Monasterie, were frequent; and sometimes Lay-men sold them to the Church. Redimere Decimas.

III. Appropriations of them with Churches; wherein they passed as by themselues, from the Patron seuerally and directly in point of in∣terest. The beginning of Parish Churches. Disposition of the Offerings receiued there. Lay-foundations of Parish Churches. The interest that Patrons claymed. Right of Ad∣uowson. The ceremonie of putting a Cloth or Robe vpon the Patron, at the consecration of the Church. The vse of Inuestitures, by which (as by liuerie of Seisin) Lay Patrons gaue their Churches. Commendatio Eccle∣siae. Benefice. None anciently receiued the character of Orders, but when also the ordi∣nation was for the title of some Church. Thence came the later vse of Episcopall Insti∣tution. Whence some Patrons came to haue most part of the Tithes. Canonica portio. The Clergy and Councels against Inuestitures.

Their continuance till towards M.CC. when Institution (as it is at this day) vpon presen∣tation grew common· How Appropriations were in those times made. The ancient Epis∣copall right to Tithes, especially in Germa∣nie, and the Northern parts. How Monks iustified their possession of Tithes and Parish-Churches. The right of Tithes generally denied in Turingia, to the Archbishop of Mentz.

IV. Of Infeodations of Tithes into Lay-hands, both from the Clergie and Laitie; and of their Originall.

V. Of Exemptions granted by the Pope. Tem∣plars and Hospitalars accounted no part of the Clergie.

VI. The generall opinion was, that they are due iure diuino. but this, indifferently thought on, seems to haue denoted rather Ecclesiastique or Positiue Law (by the doctrine and practice of the Clergy) then Diuine Morall Law.

VII. Laws Imperiall, and Canons Synodall and Pontificiall, for the payment of Tenths. The grosse error of some that mistake Nona and Decima in the Capitularies. The first Gene∣rall Councell that mentions Tithes.

THe practice found in the time twixt about D.CCC. and M.CC. from Christ, con∣sists in some ordinarie payments of Tithes, as in the former ages; in more frequent Consecra∣tions

of a perpetuall right of them alone to any Church, or Monasterie, at the owners choice; in Appropriations of them with the churches in which they were by custom or consecration established; in Infeodations of them into Lay-hands; and in Ex∣emptions for discharge of paiment. By the more generall Opinion of the Church, they are exprest to be due Iure diuino; but that is warily to be inter∣preted out of the generall practice cleerly allowd by the Clergie. From the beginning of this time Canons are very frequent for the right of them. But the first Law that may at all be stiled generall for it, was ordaind by Charles the Great, and re∣ceiud, but litle practiced, through the Empire. Of all these in their order.

I.

Not only from deuotion, but through Ec∣clesiastique censure also, aided with secular power, about the very beginning of this CCCC. yeers, many Churches in the Western Empire, had the Tenth paid as a dutie. This may be collected out of an Epistle writen by Alchwin to Charles the Great, touching the exaction of Tithes (which hee calls iugum Decimarum and plena per singulas domus ex∣actio) of the Hunnes and Saxons; who being then lately, by Charles, conquerd, had newly receiued the Christian faith, Alchwin there aduises, that it were better for the Christian cause, to omit it a∣mongst them, till they were grown firmer, and speaks of it as a thing of known vse among other setled Christans. His words are: Vestra sanctissi∣ma pietas sapienti consilio praeuideat, si melius sit rudi∣bus

populis in principio fidei iugum imponere Deci∣marum, vt plena fiat per singulas domus exactio illa∣rum. an Apostoli quoque ab ipso Deo Christo edocti & ad predicandum mundo missi, exactiones Deci∣marum exegissent, vel alicui demandassent dari, con∣siderandum est. Scimus quia Decimatio substantiae nostrae valde bona est. Sed melius est illam amittere quàm fidem perdere. Nos vero in fide Catholica na∣ti, nutriti, & edocti, vix consentimus substantiam nostram plenitèr Decimari? Quanto magis tenera fi∣des, & infantilis animus, & auara mens illarum lar∣gitati non consentit? This Epistle was writen about DCC.XCVII. as the historicall part of it per∣swades. and the generall Laws, by which that ex∣action might haue been made, are among those which about DCC.LXXX. the tame Charles had ordaind in an assembly of Estates, of which more in the last Paragraph of this Chapter. But the exe∣cution of those Laws soone afterward (as anon shall be declared) failing; this practice of paiment also became to be of rare vse. and although diuers Synods soon followd which commanded a Tenth, as what was due of it selfe to the Church (whence also in some places a Parochial paiment doubtlesse continued, and by prescription and custom esta∣blished a ciuill right in some Churches) yet * 2.122 the Laitie (not much subiecting themselues to any Church-Laws of the time, that toucht their pos∣sessions) frequently exercised their arbitrarie dis∣positions, especially of such of them as were not al∣readie consecrated, or by custom, or prescription

setled, and therein pretended them due only but as their own choice, either by Consecration to a∣ny Church or Monasterie whatsoeuer, or by In∣feodation into Lay-hands, should determin. And those also which were established by former Con∣secration, Custom, or Prescription, were very of∣ten arbitrarily disposed of also by Lay-Patrons in their Appropriations.

II.

For arbitrarie Consecrations; the a 2.123 Laws ordaind in the first of these CCCC. yeers, that speak of Decimationum prouentu•• priori Ecclesiae le∣gitime assignatus, and locus vbi decimae fuerant an∣tiquitus consecratae, and Decimae quae singulis dantur Ecclesijs, and such more point at the vse of them. And although, out of any continuance alone of voluntarie paiment, a kind of Parochiall right (which also by the Laws b 2.124 of the time euery Re∣ctor should haue enioyed in the Territorie where he dispensed the Sacraments) were created, yet Consecrations of Tithes (not yet established by a ciuill title) made to the Church of another Parish at the Lay-owners choice, were practiced and con∣tinued in force; as may plainly be collected out of an old Law about the beginning of these yeeres made (but not put in execution) for punishment of such consecrations by compulsion of the partie to restore to the Church the quantitie of the Tithe so aliened. Quicunque (are the c 2.125 words of it) De∣cimam abstrahit de Ecclesia ad quam per iustitiam dari debet, & eam presumptiose, vel propter munera aut amicitiam vel aliam quamlibet occasionem, ad a∣liam

Ecclesiam dederit, à Comite vel a misso nostro distringatur, vel eiusdem Decimae quantitatem cum sua lege restituat. So another was made against parsons, vnder paine of depriuation, that they d 2.126 should not perswade Parishioners to come to their Churches, & suas decimas sibi dare. With it agrees the complaint made about the same time in the Councell of e 2.127 Pauia, against such as vsed to giue away their Tithes alijs Ecclesijs pro libitu. And many expresse examples are of such grants made, not otherwise then as of Rents charge arbitrarily created. some shall be here added. But, because since the last chapter printed, the Chartulary of the Church of Vtrecht among many other select mo∣niments to the purpose of this discourse (through the fauor of that right worthy and learned S^r Ro∣bert Cotton, my most honord friend) came to my hands, wherin an obseruable consecration of tithes in the former CCCC. yeers, is preserued; it shall here (not much out of its place) be first rememberd. There, in confirmations to that Bishoprique made by Pipin, Charles the great, and other of the suc∣ceeding Emperors, is expressed that some neer an∣cestors of that Charles (as the elder Pipin, Charles Martell, Carloman) had giuen great endowments to it, and among them, f 2.128 Omnem Decimam de Man∣cipijs, terris, & telonijs, vel de negotio, vel de omni re; vndecun{que} ad partem regiam fis••us teloneum exi∣gere aut accipere videbatur. it seems it must be re∣straind to what the grantors possessed in the Terri∣torie about Vtrecht, although no such thing ap∣pears

in the diuers Charters there remaining of it. For the following times; in the same Chartularie, is a commemoration of the possessions of the Bi∣shoprique, wherein diuers particular Tenths pos∣sessed by speciall grant are reckond; as Tenths of wreck, of treasure troue, of fishing. and a relation is of promise made to the Bishop by one Gutha to endow a Church, which he gaue to Vtrecht, with the Tithes of diuers Mannors. In Beuorhem (the words are) tradidit Gutha Ecclesiam necdum con∣secratam in ius & dominium Sancti Martini (to that Saint was the church of Vtrecht consecrated) ea videlicet ratione, vt, post consecrationem eiusdem Ecclesiae, Decimae darentur ad supranominatam Ec∣clesiam de villis hijs nominibus vocitatis; Beuorhem, Gisleshem, Hegginghem, Schupildhem. And in the yeer DCCC.LII. Raginer Duke of Lorrain, for the health of his own soule, and the soules of his wife, children, and parents, giues to the Abbey of Vito in Verdun, a whole Town called Longuion with the appurtenances, and all the Tithes of the Land that he had within the bounds and precinct of the same Town. Villam nostram (as the Charter g 2.129 speaks) quae dicitur Longuion cum omnibus appen∣dicijs suis ac Decimis quas in Banno dictae villae ha∣bebamus. and one of his successors Rigimir, by Charter dated DCCCC.XLVI. for like conside∣ration gaue to another Monasterie, seated vpon Moselle, all the Tithes within the libertie of the Town where it stood, in these words; Imperpetuum omnes Decimas quas habeo in Banno praefati oppidi

tam in blado, quam in vino, ac alijs rebus. where Bannus or Bannum is vsed for the continent with∣in the vtmost precinct of the Town; in which sense Banleuca, as also leuga circumiacens, occurs in the moniments of this Kingdom, as h 2.130 Banleuca de A∣rundell, for all comprehended within the limits or land adioyning, and so belonging to the Castle or Town, which are both as one to this purpose. So the Monks of Clugny in Burgundie, founded by William Count of Auuergne in the yeer DCCCCX. had Tithes of diuers possessions giuen them; which the phrase of the time stiled i 2.131 Decimas indo∣minicatas, in a Charter to them made by Lewes the fourth of France, in the yeer DCCCC.XXXIX. and those Tithes were often confirmed to them by Pontificiall autoritie: as by k 2.132 Agapetus the second, l 2.133 Lucius the second, and afterward by Vrban m 2.134 the third, in the yeer M.C.LXXXV. in whose Bull, a recitall and confirmation also is of an instrument of Adhemar Bishop of Xantoigne made to this Monasterie, that hath these words in it. Damus & concedimus vobis Decimas quas à Laicis acquisistis vel acquirere poteritis, with a command that Lai∣men in the precinct of their Abbey, should not conuey their Tithes to any other Churches. And when the Abbey of Vendosme was founded about the yeer M.L. by Godfrey Martell Earle of Aniou, the Tithes n 2.135 of the Salt-pits in som part of Poictou, were consecrated to it. the like had the same Mo∣nasterie in some Salt-pits possessed by the Bishop of Xantoigne, which although it had enioied for

threescore yeers, yet the Bishop began to denie a∣ny more paiment, and for his owne gaine, would haue maintaind this opinion, That no church-lands were to pay Tithes to any Church. But Godfrey Ab∣bot of Vendosme about the yeer M.C.XX. sharply corrects him in an Epistle▪ and shews that the opi∣nion of all France and Italie, then was, that al∣though lands charged to any Church with the pai∣ment of Tithes, were possessed by another Church or Monasterie, yet the Tithes were still paiable Parochially from the one Church to the other. That Abbots words are obseruable, because also they shew a generall practice of paiment Parochi∣ally by Churches to Churches.

Nobis dictum est (saith o 2.136 he) quia dicitis, quòd Ecclesia non debet Decimam dare. Hoc verum est, vbi Eccle∣sia nihil habet in Paroecia alterius Ecclesiae, vbi verò Ecclesia, in alterius Ecclesiae Paroecia, pos∣sessionem aliquam habet, vel quippiam quòd De∣cimari debeat, ibi Ecclesia Ecclesiae p 2.137 Decimam reddere debet, si illud iustè possidere desiderat. Hoc tenet Italia, hoc tenet Gall••a; Ibi enim no∣uimus Ecclesias Ecclesijs Decimas reddere, & maiores minoribus, & minores maioribus, vbi altera earum possessionem obtinet in iure alteri∣us. hoc facimus Ecclesijs, hoc Ecclesiae fecerunt nobis.

and according to this had he a Decree for the Monasterie from Pope Calixtus the second. This, by the way here, for paiment among the Clergie. But for more arbitrarie consecrations by Lay men; in the yeer M.C.XXIV. Ansellus de

Garlanda, in his foundation of the Abbey of Saint Mary of Gornay in France, among other possessi∣ons giues it q 2.138 Decimam de Berchorellis, and Duas partes Decimae de Ber••herijs, and totam Decimam de Ponteuz, and apud Terciacum medietatem Deci∣mae. Many like examples might be added, but one more only shall suffice, in which the frequencie of the practice may be easily ghest at. that is found in a Bull, of confirmation, made by Pope Innocent the III. of the possessions of the Abbey of the Holy Crosse, and S. Leufrid, in the Diocese of Roan; a∣mong which r 2.139 diuers appropriated Churches are with their Tithes (and so expressed: Ecclesia N. cum decimis) but beside them also many Tithes se∣uerally granted by diuers Barons and Gentlemen to the Abbey, out of such or such lands, without a∣ny Churches, are confirmed, as Decimam de feudo Hugonis de Sensei apud Neufuillam. Decimam Wil∣lielmi de Maudit apud Luderuillam de feudo Williel∣mi Pelet apud Amercort. Decimam de feudo Matthaei de Gamichijs apud Maneuillam. Duas partes Deci∣marum de feudo Pagani de S. Luciano, & de feudo Orselli, & de feudo Flooldi, and Decimam de Hen∣dicruilla, & de Sesseuilla in feudo Autulij. Decimam de Boelio in feudo Roberti filij Williellmi. Decimam de Mesuilla in feudo Hugonis de Lace. & Decimam de Buison in feudo Hugonis Bigot &c. If one Abbey had so many arbitrary Consecrations, who can doubt of the most common vse of them? But if you desire more examples, look in the places s 2.140 noted in the margin, but especially wher anon we haue the

practice of our own t 2.141 Nation by it selfe declared. Out of them all (being but few in regard of what questionlesse might be had in the Records of chur∣ches, and Monasteries, yet remayning in other States) you may find a vse of that arbitrarie dispo∣sition till about the yeer M.CC. when the distri∣bution of Tenths also to the Poore according to the owners free will (which I take to be consecra∣tions, or grants to Monasteries; for the Monks were vsually called Pauperes, and were so indeed by their vow) was expresly complained against, as a great fault of the time by Pope Innocent the III. For he then preaching of u 2.142 Zache's charitie, that consisted aswell in making restitution of what was due to others, as inerogation of almes to the poor, obserus that he gaue of his own, and paid what was other mens. Dedit proprium & reddidit alienum. Grauiter ergo peccant (saies he) qui Decimas & pri∣mitias non reddunt Sacerdotibus, sed eas pro volunta∣te sua distribuunt indigentibus. But as great a fault as it was, it was a common one; and being commit∣ted by the Laitie was vsually allowd in fact by the Pope and the Ordinaries; whateuer they thought of it in right. And of such autoritie was this vse, that an opinion was bred from it among very great men of the Clergie, that, as arbitrarie Consecrati∣on was a cause of the right of Tithes in a Church whereto they were conueid, so continuall paiment of many yeers (which being by diuers, of the more deuout, faithfully performed, those Clergie men tooke as equiualent to a personall consecration of

the Tenths of their increase, whereuer it were re∣ceiud) had so setled the perpetuall right of the Tithes of any Familie, that whither soeuer it trans∣planted it selfe, it must still send its Tenths to the place where before it paid them; as if this continu∣all paiment had foreuer so bound it, that it might not pay them otherwise. This was the opinion of diuers Bishops in the Patriarchat of Grado, as you may see by the same Pope Innocent his x 2.143 reprehen∣sion of them, and y 2.144 of others elswhere also. Neither were these grants alwaies free consecrations, but oft times were made for valuable consideration gi∣uen by the Church, which is exprest in the phrase z 2.145 Redimere Decimas, vsed in the Synodall and Im∣periall Laws, of this time, made De Decimis quas porulus dare non vult nisi quolibet modo, or munere ab eo redim••at••r. For, howsoeuer Hincmar Bishop of Rheims, in reprehending a 2.146 the Monks of S. De∣nis, because they were about to take mony of a Par∣son for a right of Tithe, aduised them with absit vt Laici audiant, quod nemo etiam peccatis publicis im∣plicatus in mea Parochia facere audet. as if it had been almost vnheard of in that age (he liud about DCCC.LX.) that any man had euer tooke mony for a grant of his Tithes▪ yet plainly the autoritie of those Laws shew, it was no such raritie. nor was it out of practice about the end of this CCCC. yeers, as may be collected out of a question dispu∣ted in b 2.147 Alexander Hales touching Tithes held by Lay men, In territorio alterius Ecclesiae quae non po∣testeas redimere. although perhaps his meaning was

only of feudall Tithes. But neither did the Laitie thus only c 2.148 dispose Tithes not alreadie consecra∣ted, but in som kind also (by Appropriations) such as were before established to Parochial Churches.

III.

In declaration of the course of Appropria∣tions, it is first necessarie, to know so much of the nature of Parish Churches in those times, as with∣out which the Appropriations then vsed cannot be vnderstood. Briefly therefore, for Parish Chur∣ches; it is plain that as Metropolitique Sees, Patri∣archats (Exarchats also in the Eastern Church) and Bishopriques: those greater dignities, were most vsually at first ordaind and limited d 2.149 accor∣ding to the distinction of seats of gouernment, and inferior Cities, tha had been assigned to the Sub∣stituts or Vicarij of the Prefecti-praetorio or Vice-Royes of the East and West Empire, so were Pa∣rishes appointed and deuided to seuerall Ministers within the Ecclesiastique rule of those dignities, according to the conueniences of Country Towns and Villages; one or more or lesse (of such as be∣ing but e 2.150 small Territories might not by the Ca∣nons, be Bishopriques) to a Parish; the word Pa∣roecia or Parish at first denoting a whole Bisho∣prique (which is but as a great Parish) and signify∣ing no otherwise then Diocese, but afterward be∣ing confined to what our common language re∣strains it. The Curats of those Parishes were such as the Bishop appointed vnder him to haue care of soules in them, and those are they which the old Greek f 2.151 Councels call 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, that is, Prebyteri a 2.152 Parochiani, within the Bishoprique. neyther were the Chorepiscopi much different from them. These had their Parishes assigned them, and in the Churches where they kept their Cure, the offerings of deuout Christians were receiued, and disposed of in maintenance of the Clergie and reliefe of distressed Christians, by b 2.153 the Oeconomi, Deacons, or other Officers thereto appointed vnder the Bi∣shop. Neither had those Parochiall Priests at first such a particular interest in the profits receiued in Oblations as of later time. All that was receiued wheresoeuer in the Bishoprique, was as a common Treasury to bee so c 2.154 dispensed. One part was al∣lowd to the maintenance of the Ministerie (out of which euery Parochiall Minister had his salary, ac∣cording to the monthly pay spoken of in the first CCCC. yeers) another to the reliefe of the poor, sicke and strangers, a third to the reparation of Churches, and a fourth to the Bishop. so it appears by the ancient d 2.155 Canons, if we may at least herein, coniecture of the vse of the time, by what they haue ordained. And it is like enough to haue been no otherwise, so long as these Parochiall functions were so personall that they were not as now, so an∣next to foundations and endowments, but rather exercised as by messengers, sent from the Bishops, who had no such reference to Lay-Patrons, as they that afterward came in vpon Inuestiture or Pre∣sentment haue had, but only were protected by some appointed by the State for e 2.156 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or Defen∣sores

of the Church, as they called them. the name of Defensores being in the primitiue time, for this and other purposes, giuen to such Protectors, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, in regard of their as∣sistance and helpe to such as sufferd iniury, as Iustini∣ans words are. And in the first ordination of this Hierarchie of Bishops and Parochiall Priests, it seemes, in some Lands wherewith the Bishoprique was endowed, the Churches were erected, in which the Bishop had a kind of right of aduowson; who, taking on him the generall care of his Diocese, or∣dained Incumbents in euery of them. and the ob∣lations there receiud were of the Churches com∣mon treasure, and so to be diuided and disposed of quadripartitly. But that quadripartit diuision was chiefly in the Diocese of Rome. For by some f 2.157 Canons of the French, Spanish, and some other Churches, it was tripartit, and had other diffe∣rences. But, all this in the primitiue times. and from the first establishing of Christianitie by a dis∣position of the Hierarchie, till about D. yeers from Christ, it seemes, it continued. and such kind of Parishes only were those spoken of in that Epistle of Pope g 2.158 Denis the I. about CCLX. if at least that Epistle be not a fiction. if it be, then our Ca∣nonists doe ill to vse it at all. if not, then plain∣ly they abuse it, where they pretend in it an origi∣nall of such kind of Parishes as since for the most part haue had their beginning from lay-foundati∣ons. But not long after such time as lay men began to build and endow Parish-Oratories or Chur∣ches

in their Lordships, and in them place or in∣uest Chaplaines (ordaind, that is, made Priests by the Bishop, but not instituted by Presentation as at this day) that might receiue the offerings of such as repayred thither for holy seruice; that for∣mer kind, of making a common treasurie in euery Diocese, was discontinued, and the Chaplaine or Incumbent, acknowledging the Lord, of his Churches Territory, for Patron, (not much other∣wise then, as in the ancienter course, euery Paro∣chiall Priest did the Bishop that collated to him) receiued now the profits that rose out of Chri∣stian deuotion, to a particular vse of his owne Church; the Canons neuerthelesse sauing the fourth part to the Bishop. For, that Episcopall right grew afterward to bee so established by the receiud h 2.159 Canon Law, that till this day, where prescription of XL. yeers excludes not, the fourth part of all Oblations and Tithes are, by it, due to the Bishop. and some i 2.160 Canonists make it as a duty succeeding in lieu or proportion to the Tenth of the Tenth that was payd by the Leuits to their Priests. But howeuer the Canons were (in which also it had beene often constituted, that euery Church k 2.161 and the profits thereof should be subiect to the Bishops disposition, as to the only immediat superior; and in some l 2.162 that the founder should be vtterly excluded from all interest) yet diuers lay-Patrons in those elder times had, or at least chal∣lenged, in the Oblations receiud from Christian

deuotion in their Churches, an interest somewhat like to what more anciently the Bishop had in the offerings made at the Churches wherein hee only placed the Ministers. Whence the erecting of Churches became, amongst some, to bee rather gainfull then deuout. for the Patron would arbi∣trarily diuide to the Incumbent, and take the rest to his own vse. This is manifested in the II. Coun∣cell of Bracara, held about D.LXX. where a Ca∣non forbids the consecration of Churches built not pro sanctorum patrocinio, but sub tributaria con∣ditione, as the vse was of some places; that is, to the end that the lay-founder might haue halfe or other part of the Oblations. Si quis, are the words, Basilicam non pro deuotione fidei sed pro quaestu cupi∣ditatis aedificat, vt quicquid ibi de oblatione populi colligitur, medium cum Clericis diuidat, eo quod Ba∣silicam in terra sua quaestus causa condiderit, quod in aliquibus locis vsque modo dicitur fieri, Hoc ergo de caetero, &c. And such a practice is titled a custom of the ancient times in an Epistle m 2.163 attributed to to Pope Damasus. And in the IX. Councell of Toledo about the yeer DC.LX. Lay-Patrons are forbidden to vse iuris proprij potestatem in Church goods or lands, as if great pretence in those times had been of their right in disposition of them. and, in the Imperiall Capitularies of about the yeer DCCC. diuers times prouision is made a∣gainst such lay men as thought it had been their right only to dispose of the endowments and of∣ferings

of such Churches as they were Patrons of, and that the Bishop should bee wholly excluded. But it fell at length that, without much difficulty, the Church, what through Constitutions, what through Constitutions, what by their Doctrine, had remedy for this vsurpation vpon the Offrings solemnly consecrated to the Priests at the Altar. And in the following times it had been abstaind from as the playnest part of sacriledge. Yet neuer∣thelesse, another interest, that is, the interest of Patronage, and a right of disposition of the Tem∣porall endowments, which the Lay founders first challenged in their new erected Churches, which was a right of Collation or Inuestiture, whereby the Incumbent might receiue full possession with∣out ayd of Bishop or other Church-man, could not so easily be gotten from them, although some n 2.164 Imperials were prouided against it. For al∣though no lay man could, of himselfe, make any building to bee a Church, without the Bishops consecration of it (as euen among the Gentils, it was carefully foreseen, that in all new Temples o 2.165 one of the Priests solemnly holding a Pillar of it in his hand, should make the dedication) yet it be∣ing consecrated and endowed, the lay Patron, in these ancient times, tooke vpon him not only the Aduocationem, or aduowson (that is, the defence or patrocinie of the Incumbents title; as officium aduocationis is vsed in the d 2.166 Imperials) but also the Collation by Inuestiture without presentation at

euery vacancy. And the right of aduowson (wher∣to the other of Inuestiture in those times was an∣next) in some places the Bishop confirmed to him by putting a Robe or such like on him at the dedi∣cation. as the example q 2.167 is of Vlrique Bishop of Auspourg, in one of his dedications, about DCCCC.L. where Consecratione peracta as the Autor sayes) dotèque contradita comprobato illic presbytero, altaris procurationem commendauit, & Ecclesiae Aduocationem firmit••r legitimo haeredi, Pā∣no imposito, commendauit. From this right of Col∣lation and Inuestiture reserued by Lay-Patrons, the practcie came to be that Parish-Churches and all the temporalties annext to them, as the glebe and tithes (and what else in succeeding times be∣came to be endowments) were at euery vacancy, conferd by the Patrons to their new Incumbents, by some ceremony, not differing from our liuerie of Seisin (which is nothing but Inuestiture; for In∣uestiture r 2.168 is only the immediat giuing of seisin or possession) with these words, s 2.169 Accipe Ecclesiam, or the like. Neither vpon presentation did the Bishop institute, as of later time the vse had bin. and wher∣as, at this day, nothing passes out of the Patron, or vests in the Incumbent, in point of interest (the presentation being only as a nomination, and the interest and possession being immediatly had from the acts of the Bishop and Archdeacon) it was far otherwise in these elder times. For the Incumbent as really, as fully, and as immediatly receiued the

body of his Church, his glebe & what tithes were ioynd with it, in point of interest from the Patrons hand, as a lessee for life receiues his Lands by the Lessors liuery. whence by the phrase of the time that kind of giuing a Church was stiled t 2.170 Commen∣dat••o Ecclesiae, that is, the Lay Patrons committing or liuery of the Church and the endowments to the Incumbent to take care of and dispose as a V∣sufructuary of what the Patron was Proprietarie, or as a Tenant of that whereof hee was in the re∣uersion. and in such sense is Commendo vsed, ioynd often with trado, in Tully as, Commendo, ac trado. and hence came the Commenda, wherein not the Title, but possession, profits, and custody of the Church is cōmitted. and the difference is obuious between Ecclesia titulata & commendata commenda∣ta hauing chiefe reference to the possessions. And hence was the name of Benefice, for a Church and endowments so giuen. For as such lands or annui∣ties, as in the Empire, were giuen for perpetuall salaries to military persons, had the name of Be∣neficia, so, what was thus conferd vpon spirituall souldiers in the Church, had afterward the like ti∣tle. But, at this Commendation of the temporalties so made only by the Patron, the Bishop indeed had the vsuall consecration of the Incumbent, but no∣thing at all to do with the dispositiō of the church or endowments. For, the Law then being that Or∣ders could not be giuen 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, u 2.171 sine titulo, or absolutely, but only when a Title of a Church, or

some speciall Ministery was at the same time as∣signed to the ordaind Clerk; all orders otherwise giuen being void, so that at euery new inuestiture a lay Patron could not haue (as at this day) a Clerk alwaies ready made for his Church; it was a neces∣sity that for euery new inuestiture (vnlesse a resig∣nation of some other Church had preceded) the Bishops Ordination or Consecration was to bee vsed, which afterward grew to be what now is In∣stitution. And although the character of Orders were generall, in so much that, as now also, he that receiud them was a vniuersall Priest, yet, in euery Ordination, speciall expression was made of the Title of the Church (that is, the Saint, Angell, or Martyr, to whose memory the Church was dedica∣ted; in words x 2.172 to this purpose: Eligimus in Ordi∣nem Presbyterij &c. ad titulum S. Mariae, ad Ec∣clesiam quae est in pago illo &c.) to denote that the end of it was that the Ordained should there ex∣ercise his spirituall function, and not leaue it du∣ring life. for which a Law was made also that such as were to be cōsecrated or ordaind by the Bishop, should before they were ordaind by the Patron in the Church (for the Inuestiture or Commenda∣tion was also an Ordination; and by the name of y 2.173 Ordinatus also, was hee denoted that was so in∣uested should either by oath or caution secure their continuance vpon that Church only. so you must z 2.174 vnderstand that in the Capitularies, Vt Presbyteri qui in Titulis consecrantur, secundum Canones, antequam Ordinentur promissionem, sta∣litatis

loci illius faciant; the vse then, it seemes, being, that Clerks ordaind would at their plea∣sure resigne into the Patrons hand (for it is probable, that resignation a 2.175 in those times, into the Patrons hand, without assent of the Bi∣shop, like surrender of particular tenants to them in the reuersion, was in practice, and deuested the title of the Church; although at this day, by the Canon Law, it be grown cleerly otherwise) and being then capable, without new ordination of the Bishop, of any Spirituall Function, would take Inuestiture of other Churches without con∣sent or knowledge of the Bishop; against which also, some Laws b 2.176 were made in the beginning of this CCCC. yeers, but, with the rest, litle obeyed. From this vse of Commendation, or Inuestiture, it came also, that if an Aduowson had descended in coparcenerie, the Church had as many encumbents as the parceners had parts. Singulae partes c 2.177 singulos habebant Presbyteros: Euery of them giuing an interest in a part, ac∣cording as they might haue done of any other inheritance descended vnto them. Nor (as it seemes) from other originall then this challen∣ged and practiced interest, came those droicts ho∣norifiques des Seigneurs es Esglises (whereof you may see the Treatise lately written by Matthias Mareschal) and the custome yet remaining in diuers places, especially in France, whereby the Incumbent d 2.178 hath not for himselfe aboue a

small part of the Tithes, at the arbitrarie dispo∣sition of some spirituall Patron, who takes the rest (according to this anciently practiced inte∣rest of Patrons) to his own vse. What is so al∣lowd to the Incumbent, is stiled his Canonica portio; which was, I think, e 2.179 reserued to him in some Grants of the Archbishops of Saltzburg as Patrons, of their Tithes, to the Abbey of Ri∣chersperg in the yeer M.C.XLIV. Neither let any man out of this, or from other autoritie in f 2.180 Canons, gather, that all Tithes were arbi∣trarily disposed of by the Bishop in these midle times; which yet is falsely affirmed by some that rashly thinke, what euer a Canon mentions (be∣cause some of the Clergie would haue had it so) was a practice of the time. but the contrarie plainly and frequently appears. only as in the primitiue times, when Parishes were not distin∣guished by limitation of Ecclesiastique profits, but only by the Ministers Function, the Bishop alone challenged, and frequently had, all Offe∣rings, or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, as appears in those old Canons before mentioned, and especially in those of the Councell g 2.181 of Gangra, made against the Eu∣stathians; so also after payment of Tithes grew into more vse in these midle times, he pretended by the Canons (as in the examples which wee a∣non haue of the Turingians, and those of Holtz) a right to Tithes through the whole Diocese, as his parish, where no Parochiall right was setled

in seuerall Rectors of Parishes. But cleerly, in such as were once, according to secular Law, made proper to this or that Church, he had not, euen by the Canon Law that was in vse, more then his fourth, or other part, varied by seuerall customes; and by customes or h 2.182 prescription he lost it. Neither was this practice of Inuesti∣tures, only in bestowing of Parish Churches. In Monasteries and Bishopriques the like was. but the increasing power of the Clergie took it a∣way wholly in the lesse Churches (sauing that in collations of free Chappels, Prebends, or other Benefices, without parochiall Cure, according to the Droict de Regale of the Kings of i 2.183 England and k 2.184 France especially, in some kind it hath remained) and much altered it in Bishopriques and Monasteries. It was in substance forbidden in the eighth Generall l 2.185 Councell of Constanti∣nople; then by Decree in the Councell of Rome vnder Gregorie the seuenth, about M.LXXVIII. in words, which as well shew how the vse of In∣uestitures at that time remaind in many places (for some few yeers before, it appears, they were very common among the Laitie, and scarce tax∣ed by the Clergie) as also what opinion the Church had of them: Quoniam Inuestituras Ec∣clesiarum contra Statuta sanctorum Patrum (that is, against the many Canons made against Lay mens disposition of Church-reuenues) à Laicis personis in multis partibus cognouimus fieri, & ex

eo plurimas perturbationes in Ecclesia imo ruinam sanctae religionis oriri, ex quibus Christiana religio conculcatur; Decernimus vt nullus Clericorum In∣uestituram Episcopatus, vel Abbatiae, vel Ecclesiae de manu Imperatoris vel Regis vel alicuius Laicae personae, viri vel feminae, suscipiat. And in the generall m 2.186 Councell of Lateran, held in M.C.XIX. vnder Calixtus the second, chiefly against Inuestitures, one Canon is; In parochialibus Ec∣clesijs Presbyteri per Episcopos constituantur, qui eis respondeant de animarum cura, & de ijs quae ad Episcopum pertinent. Decimas & Ecclesias à Lai∣cis non suscipiant absque consensu & voluntate E∣piscoporum, Et si ali••er presumptum fuerit Canoni∣cae vltioni subiaceant. The like was in the next generall Councell vnder Innocent the second. and very many other Pontificiall Decrees n 2.187 were to the same purpose. For by this time, through the vse of giuing of Orders without Titles of Churches (against the old o 2.188 Canons) and Resig∣nations into lay hands; euery lay Patron easily could haue a Clerk capable of his Benefice, and so inuest him, without so much as notice of the Bishop. And, notwithstanding those Decrees, both Oecumenicall and Pontificiall, that pra∣ctice of Inuestitures could not presently be ta∣ken from the Laitie, although soon after that generall Councell held vnder Innocent the se∣cond, in M.C.XXXIX. it began to be lesse frequent, and Institution vpon Presentation

here and there succeeded it. But not long be∣fore that Councell, it was much complaind a∣gainst by the Clergie, and stiled by o 2.189 some of them, Haeresis inuestiturae. others of them by no means admitting it to be an Haeresie, but only a vsurpation of the rights of the Church, which should not be disposed of by lay hands. Besides other occurrences of Inuestitures in Epistles, Councels, and Storie of about M.C. you may see especially the Epistle twixt Iuo Bishop of Chartres, and Iohn Archbishop of Lions, with o∣thers of Godfrey Abbot of Vendosme (all writ∣ten about M.C.XXX.) in which it is largely disputed of; and in them it appears plainly, that although the Church would neuer haue permit∣ted it to the Laitie, and did also sometimes ex∣tort renuntiations of it, yet the Pope often re∣granted the right of it in France and Germanie to such as had renounced it. Whence also Iuo concluded, that it was but a ciuill right belong∣ing (by their Canons) to the Church, and no such thing, as of its owne nature, could not be enioyd by the Laitie. But the Canons gaining force, as the Papall power encreased, at length, about the end of this CCCC. yeers, it became wholly out of vse. for not till then was it left off; and that the course of Institutions vpon Presen∣tations was not before commonly practiced (es∣pecially in the case of lay Patrons) appears by diuers p 2.190 Canons relating as much, to which I

referre you. and more hereof in the English vse. By reason of these Inuestitures (wherein the Glebe, Tithes, and all Endowments of the Church, as well as the Church it selfe, in point of interest or estate, passed from the Patron, and at euery vacancie were in him as in the only pro∣prietarie of them) when Appropriations in these ancient times were made, it was not only the Church it selfe, or the Titulus Ecclesiae (for that also, once by consecration created, was giuen by lay Patrons, when the Clerk had already his Or∣ders) or the patronage, that was directly in point of interest conueyed, but withall the Glebe and Tithe made parochiall by Grant, Foundation, or Custome. And the title of the Church, the Monasterie (according to the Patrons prouision in many Appropriations; and in others, at their pleasure) still gaue afterward by Presentation of a Clerk, whom the Bishop instituted. For the Clergie, except Bishops and such as had Epis∣copall right by priuiledge, gaue p 2.191 vsually by Presentations; these Inuestitures being altoge∣ther against their Canons, and but like the Bi∣shops Collations. Neither did any such thing follow vpon such Presentation as Disappropri∣ation, in regard of the Endowments or Tempo∣ralties. for such was the nature of the Appro∣priations, that the Church remaind notwith∣standing presentatiue. and the Incumbent, that came in by presentation, had the Church only

vnder the name of Vicar, and in anothers right, and receiued the Tithes and the profit of the Glebe, no otherwise then to the vse of the Mo∣nasterie, in which the Appropriation had setled them, as Inuestiture should haue done in an In∣cumbent. Neither was the Title of the Church, and the Endowments, so entire a thing, but that, according to the Patrons interest and will, they might by the Law then in practice be so se∣uerd. The ordinarie instruments of such Appro∣priations plainly shew it. And all the mainte∣nance of the Incumbent was at the bountie of the Monasteries allowance. And it is exprest v∣sually in old Instruments of Appropriations, that such a Clerk should answer to the Bishop de spiritualibus, vobis autem (to the Monasterie) de temporalibus. Which is complaind against in that of Iohn of r 2.192 Salisburie: Personatus quosdam introduxerunt, quorum iure ad alium onera, ad ali∣um referuntur emolumenta. Herewith agrees the generall s 2.193 Councell of Lateran, held in the yeer M.C.LXXX. where the ancient course of fil∣ling Churches, thus appropriated to Religious Houses, is commanded to be thenceforth better obserued. In Ecclesijs suis quae ad eos pleno iure non pertinent (that is, those which they held both exempt from Episcopall Iurisdiction, and in them had the right of Institution and Destituti∣on by Priuiledge) instituendos Presbyteros Epis∣copis praesentent, vt eis quidem de plebis cura re∣spondeant;

ipsis verò de rebus temporalibus ratio∣nem exhibeant competentem. For how euer by the Canonists of later time, this in the Councell, and in our Appropriations, be vnderstood vari∣ously, and, for the most part, of Churches where∣of Religious Corporations had only the Patro∣nage, and according to their Law, no propertie; whence also they interprete that rationem compe∣tentem for an account only which the Patrons might exact, but not for a denoting of the pro∣pertie or right that the Religious Houses had in the profits; yet doubtlesse in those times, that suis Ecclesijs in this and the like Canons had re∣ference to Churches appropriated only, or to such as were possessed by equall right to expresse Appropriation. And although Innocent t 2.194 the fourth, being of the ancientest Writers on the Decretals, rather iustifies that more common o∣pinion (whereof you may haue most speciall de∣claration in our u 2.195 Lindwood) yet others, and as great Lawyers of that time, expressely sup∣pose, that the Temporalties are by that passage vnderstood due and payable to the Monasterie, and that not an account only was to be made of the dispensing of them. Expressely x 2.196 Hostiensis vpon the difference of their Churches held ple∣no iure, and not pleno iure: Vbi pleno iure non pertinet, tunc habet ibi Monasterium temporalia & representationem Praesbyteri Vicarij tantum &c. Whereas if it were theirs pleno iure, they had al∣so

Institution and Destitution to themselues. And * 2.197 elsewhere likewise he makes the enioying the Temporalties to be denoted by, Pro rebus Temporalibus debita subiectio. And so Durand (whom they call z 2.198 Speculator) in his precedent for the Libell, whereby a Monasterie hauing founded a Church, was to demand the Tempo∣ralties, thus proposes the suit, Cum Ecclesiam il∣lam Monasterium à fundatione habuit (for in those ancienter times the right of Foundation of a Church and Appropriation were as a 2.199 one to Religious Houses) & sic per consequentiam in temporalibus sibi debeat respondere, petit tempora∣lia in ipsa Ecclesia sibi adiudicari, &c. Is it not then plaine, that respondere in temporalibus de∣notes the taking of the Temporalties to the Mo∣nasteries vse? Hostiensis and Durand are better authoritie to proue how the Law was anciently taken, then a cart-load of the later and more barbarous. Other reasons might be brought to proue this. but I presume no man will doubt it, that knowes how to examine it. I only adde this obseruation, to help cleere it, out of a Bull of Pope Lucius the second, to the Prior and Ca∣nons of Kenelworth, wherein licence b 2.200 is giuen them, to hold their Churches in proprios vsus, that is, in manu vestra (as the words are) retinere & earum Beneficia ad proprios vsus reseruare, con∣stitutis ibidem Vicarijs & Diocesano Episcopo prae∣sentatis, qui eis de spiritualibus, vobis verò de Tem∣poralibus

omnibus, videlicet Decimis & Obuentio∣nibus debeant respondere, dum modo Vicarijs & cae∣teris Ministris earundem Ecclesiarum in necessarijs prouideatis, &c. What can be plainer, then that the phrase of respondere in the Canons is here as it were purposely declared, as we haue conceiud it, according to Antiquitie? And sometimes al∣so Appropriations were made by Lay men c 2.201, re∣seruing to themselues a ius patronatus, and ius praesentandi. But all the profits of receiud Tithes and Glebe were theirs, who so had the Appro∣priations, and were dispensed at their pleasure; and to the Curats, in both kinds, as they thought fit, were some Salaries giuen. which turnd after∣wards oft time into Vicarages that belong to such Appropriations; whence also it came, that their Presentations haue been since and are now taken to be only to those Vicarages, being made perpetuall; whereas indeed, their Vicars were originally presented to the whole Rectorie, but had the benefit no otherwise then is before de∣clared. The words of conueyance in Appro∣priating commonly were, Dedi & confirmaui Ecclesiam de N. cum decimis, or cum Decima∣tione, &c. Whereby the Church Glebe and Tithes passed equally, by way of interest, to the Monasterie. So anciently, and at this day, ma∣nie Couents, but especially the Praemonstraten∣ses, haue diuers Churches continually in their owne hands. And some of the Monks receiud

into Orders, discharged the Cure. And in such Instruments (of the elder Times) as more com∣monly ordayned, that they should keep the Church presentatiue, the Church it selfe passed also it seems as well in right of propertie, as of patronage; which sometimes also (as is before noted) was excepted to the grantor. Examples enough are extant, wherein all this is apparant. For that more generall way of appropriating Tithes (the Church still remaining presentable, which specially is pertinent hither) you may see the Grants and Bulls made to the Abbey d 2.202 of Clugny, to the Abbey of e 2.203 S. Germans in Aux∣erres, and many other like recited in Pope Inno∣cent the third his Decretals, as also the Charter of Henry Earle of f 2.204 Brabant to his Abbey of Afflighem, neere Bruxels; of Thierry Earle of Holland g 2.205 to the Abbey of Egmond; which, being but a few of a multitude, enough shew the vse of the time in conueying Tithes in Ap∣propriations seuerally, and as distinct from the Church; and more are of this nature, where we speake of the English vse. And although also, Confirmations and Bulls of Popes and Bishops are sometimes added to such ancient Appropri∣ations (as you see in an ancient h 2.206 Charter, by Lewis the fourth, of France, in the yeere DCCCCXXXIX. to the Abbey of Clug∣ny, where the Appropriations of Churches and Tithes, Sicut per priuilegium Romanum, & per

scripta Episcoporum ad quisierunt, are confirmed; and in other Monuments of succeeding Times) yet those were gotten by the Monks, to satisfie the Canons; not to giue validitie in secular or common Law, then practiced. But also some Instruments of Appropriations are, wherein, from Bishops only, Tithes of other mens Lands were conueyed to Monasteries; as in that espe∣cially of Athelbero, Bishop of Hamborough, in the yeere MCXLI. i 2.207 whereby he giues to the New Minster in Wipenthorp, then newly founded by Vicelin, in the Territorie of Holst, eiusdem Villae Decimam cum aliarum quarundum Villa∣rum subter positarum Decimis, veluti in villa Sta∣uera, Horgan, Bra••htenuelde, Tuenthorp, Gode∣land, Wlmersthorp, Boienbutle, Husberg, Cumer∣ueld, Padenworth, Withorp, Padenstede, Bullig∣stede, sed & alias Decimas iuxta fluuium Gestere in vtroque littore à villa Elmeshorne vsque ad la∣cum Wicflet, &c. with diuers other. And by another Charter, dated MCXLVI. he giues to the same Monasterie other Tithes of great va∣lue; and some of his successors k 2.208 follow his ex∣ample. If you question how the Bishop came to haue power to make these Grants, eyther in re∣gard of Parochiall Curats by the Canon Law, or of the Lay owners interest, according to the practice of the Time; know, that in this and most of the Bishoprique of Germanie especially (which began with the Christianitie of the Dio∣ceses,

about, or since the beginning of the French Empire) the right of Tithes, through those Dioceses, was challenged by the Bishops onely (and that iustly enough by the Lawes of the Empire, which presently are related) be∣cause the Parishes being not limited, nor indeed Christianitie so at first setled, that they could haue beene well assigned to Parochiall Curats, the Bishops were the true and immediat Paro∣chiall and ministring Rectors in their Bishop∣••iques. and although afterward, Parish Chur∣ches were founded, yet to them they would not resigne their ancient right in Tithes, which from their first Function there, they had eyther enioyed, or still pretended to, both in regard of the value of them, as also because euery foun∣ded Church was to be otherwise endowed with Manse and Glebe. Neither had it beene altoge∣ther safe among so obstinate a people (which could scarce by any means be brought to pay a∣ny Tenths) to haue permitted euery Parish Re∣ctor afterward to haue demanded them, or taught them due to himselfe. for to such as had both at once receiued the Doctrine of the Faith, and the declaration of the right of Tithes due to the Ministers (which were only, when they re∣ceiued it, the Bishops; if you respect only, as you must, the Ministers setled among them) it might haue seemd a different Doctrine, to haue after∣ward taught them due to any inferior part of the

Hierarchie; especially in the weaker yeeres of that Church. Hence is it, that the Archbishop of l 2.209 Mentz claimed all the Tithes in Turingia, the Bishop of m 2.210 Lubek, of n 2.211 Saltzburg, and others, the Tithes of their Dioceses. and hence only those of Hamborough so liberally dispose of them. Neither could any of these reasons so well haue place in other Countries. for (except in Germanie, and those more Northerne parts) Christianitie was in most places of Europe, it seems, so established, and the Hierarchie of Bi∣shops and parochiall Rectors so setled, before a∣ny common Doctrine or generall Law, for pay∣ment of Tithes, was so diuulged (for a thing of necessarie obseruation) in the Church, that when it came after to be commaunded, it could not be, in any conceit, better ordered, then ac∣cording to the diuision of limited Parishes. and, those wanting at the time when the Faith, and the Doctrine and Laws of Tithes, came first into those parts, how could it on (the other side) fall out, but that they should be taught due only to the Bishopriques? Which opinion also, it is no wonder, that those Bishops should be willing to preserue and continue, after Parishes were there diuided, and after Tithes came at length to be paid them. For long they preached, and much stirre was about it, before they could get a vsuall payment of them. Neither need you mistrust, that their right to Tithes, so cleerely

pretended in the Appropriations by the Bi∣shops of Hamborough, was onely from the Epis∣copall right which the Canonists allow, o 2.212 in case where the Lands, wherein the Tithes encrease, are not assigned to any one Parish Church. the contrarie thereof appears enough in other con∣ueyances made to the same Monasterie; in which the same Bishop Athelbero, first in MCXLII. appropriats to it the Parish Church of Bishorst vpon Albis, cum banno fimul & cum omnibus ap∣pendicijs eius acquisitis, vel ac quirendis, and with the largest bountie, that the thing giuen might carrie with it. but afterward, in MCXLVI. hee graunts to it also a good part of the Tithes within the Banne and precinct assigned to the same Church; which plainely shewes, that he graunted Tithes of Lands, alreadie assigned to parishes. For his Parish Churches and their pro∣fits were no other, then what Foundations, spe∣ciall Endowments, and the Offerings of the pa∣rishioners, within their Banne or Limits, had made them. Which is well iustified by an old Rimer, that in Verse, which would grieue Apol∣lo's heart to heare, sings Athelbero's liberalitie to the Monasterie, and expresses the Tithes of foureteen Villages, and other places giuen by him, and then comes to two Churches (that he afterward appropriated to it) Bishorst and Ic∣horst, and names them only as they had Bannes or Limits and parishioners; as

Bishorst cum Bannis, Bannos cum parochianis Ichorst cum Bannis, Bannos cum parochianis.

And then addes,

Et Bishorstensis Decimatio tota paludis Additur & quaeque fratrum labor occupat aequè.

Where you see, hee diligently remembers also an Exemption giuen to it by that Bishop: which could hardly haue been, if the generall right of Tithes had not beene supposed in him. But out of these things you may probably collect, that by this time (that is diuers yeeres before the end of these CCCC. yeeres) in some of those Nor∣thern Churches, Tenths were payd more iustly, according to the desire of the Clergie, then in other places; where you shal find arbitrarie con∣secrations by Lay men, continuing till about MCC.. For if the Bishop had not had these Tithes payd, but had pretended only right in them, his bountie to the Monasterie had been to litle purpose. So in the Diocese of Olden∣burg, about MCLX. payment was duely, it seems, made to the Bishop by all, sauing those which had improued the deserts of Wagria, which could by no means be brought to it. De∣cimas ex more q 2.213 soluere recusauerunt, sayes Krantzius; being yet readie to giue a compe∣tent part of their encrease. And although Ge∣rold the Bishop and Count Adolph ioyned toge∣ther; the one with perswasion (wherein he pre∣tended

to them Exempla, as the same Author writes, Ecclesiarum omnium & praesertìm proxi∣marum, and told them of Diuinum de Decimis praeceptum:) the other with power, to make them tithe their profits; yet they vtterly refused, and with tumult and clamors made open profession, Seruili conditioni nunquam se colla submissuros, per quam omne Christicolarum genus Pontificum pressurâ laboret. Neither were the Danes in those Ages easier to be brought to the payment of Tithes to the Church. Indeed they so much abhorred it, that no greater cause was, why they barbarously betrayed and murdered their King Knout r 2.214 the fourth, then that hee would haue imposed it. And about the yeere MCLXXX. vnder King Waldemur the first, Absalon Bishop of Lunden would haue had them all paid their Tithes, and that vnder paine of an Interdict to continue against them: but they stoutly refused, and answered by publique message to the Cler∣gie, That notwithstanding the Interdict, they should carefully minister Diuine Seruice and Sacraments, or els depart the Countrey: if they did neither, Non solùm rerum amissionem sed membrorum etiam truncationem demorarentur. And it is well noted by Krantzius, that the Northern Nations generally, were very hardly brought to pay▪ but after continuall and earnest Doctrine of the Church, and command of Prin∣ces, at length many of them yeelded; that is, as

may be coniectured, in the first halfe of the yeer MCC. Through the frequent vse of those ar∣bitrarie Consecrations, and those Appropriations, Churches with their Tithes, and Tithes of seue∣rall possessions, were in exceeding number esta∣blished in Monasteries, as well of Nunnes as Monkes. The Tithes of LX. of LXXX. or more Parishes, were by those courses, annext sometime to one Monasterie; which the Head and Couent possessed, not as any part, or as pre∣tending themselues to be any part of that Cler∣gie which made vp the Euangelicall Priesthood, or deserued them by ministring Diuine Seruice and Sacraments to the owners. For indeed, di∣uers of these appropriated Tithes were out of such lands as lay so distant from the Monaste∣ries, not in other Dioceses only, but also in o∣ther Kingdomes, that the owners neuer saw or knew the Monks, or their Cloister, nor otherwise heard of them, but by their Cellarars or Pro∣uosts that exacted payment. Whereupon it was in time of our Edward the third affirmed in a petition in Parliament,* 2.215 That Aliens (which by reason of appropriations made to their Houses beyond the Seas, or to their Priories or Cells in this Kingdome, or the like) did so deuoure the Salaries due to Parish Curats, and so neglect the Diuine Seruice which they should haue taken care for in euery Parish, that they did more hurt to holy Church, then all the Iewes and Sa∣racens

of the world. Which might haue been well applicable to some kind of Non-residence of Denizens also. But the religious persons iu∣stified their consuming this Ecclesiastique reue∣nue by reason only of their Prayers, their Tears, their Psalmes, their Almes, and the like exercises of Deuotion; beside their maintenance of Cu∣rats with arbitrarie Salaries, in the Parish-Chur∣ches appropriated to them. Which is at large seene in an Epistle of Peter Abbot of Clugny to S. Bernard Abbot of the Cistercian Order at Clareuaulx, about the Monks of Clugny their possessing of a large number of Parochiall Tithes. The Cistercians had made diuers com∣plaints against them, and one was vpon this ve∣rie point, in these words: Ecclesiarum s 2.216 Paro∣chialium, primitiarum & Decimarum possessiones quae ratio vobis contulit? Cum haec omnia non ad Monachos, sed ad Clericos, Canonica Sanctione, pertineant; illis quippe quorum officij est baptizare & praedicare & reliqua quae ad animarum perti∣nent salutem gerere, haec concessa sunt, vt non sit eis necesse implicari saecularibus negotijs; sed quia in Ecclesia laborant in Ecclesia viuant. Hereto, a∣mong diuers other imputations, the Abbot of Clugny answers, and giues his reason for their enioying of Tithes, thus: Quia Monachi ex ma∣xima parte fidelium saluti inuigilant, licet Sacra∣menta minime ministrant, estimamus ipsorum primi∣tias, Decimas & Oblationes, & quaeque beneficia

eos dignè posse suscipere, quoniam & reliqua populo Christiano à Presbyteris (that is, by the Curats which they maintaind) faciunt exhiberi. And a∣nother of great note before this Abbots time, pretends speciall charitie towards the poor, for sufficient reason why Monasteries and Hermita∣ges had Tithes giuen them: Vt copiosiora (saith t 2.217 he) alimenta proficiant, dantur in Monasterijs & Eremis Decimae quorunque prouentuum, & non modo pecorum sed & u 2.218 ornicum pariter & ouorum. The same reasons hold in iustifying of Appropriations to Nunneries, where the per∣sons are not capable of the Ministerie. And a∣mong Examples of the Age, take this one for some confirmation, in these elder times, of the right which Monks pretended to them. In the yeere MLIX. a great x 2.219 controuersie fell be∣tween Meginher Abbot of Herfeildi, and Bur∣chard Bishop of Halberstadt, about Tithes of large Territories in Saxonie, appropriated to the Abbey. The Abbot stood vpon the Appro∣priation; the Bishop vpon his Episcopall right, which by the Canon Law is, and anciently was, the same with parochiall, in places not limited to any certain Parishes. The Bishops great∣nesse with the Iudges of both Lawes, made the Abbot so despaire of successe in the Suit, that he prosecuted no further; but withall, summo∣ned the Bishop to appeare before the Almightie in his Iudgement-seat, within some few daies

there to answer in the same Action; and verie soon after departed this life. Not many daies interceded, but the Bishop riding towards the Court where this Suit had depended, to dis∣patch some proceedings touching it, suddainly fell from his Horse very sick; and being carried into his Inne, gaue most strict charge (as one di∣uinely moued) that the Abbey should haue re∣stitution and quiet possession of those Tithes for euer; and admonisht them all, that were by, That who euer had been parties with him in that oppression against the Abbey, should by the like Iudgement from Heauen, suffer as he did; confessing to the two Bishops of Magdeburg and Hildenesheim (then visiting him) that he was now called, according to the Abbots summons, to answere his exaction of the appropriated Tithes, before the Iudgement Seat of the Al∣mightie: and soon after, hee most miserably died; Vto his Arch-priest, who had been his great Instrument in the Suit, the same yeere sud∣dainly following him. But how euer either the vsuall practice, or this example wrought; a yeer or two after, this questioning of Tithes vpon E∣piscopall right (that is, vpon pretence that all Tithes of euery Diocese were due to the Bishop, as to the Rector of a great Parish; for such a right was most specially pretended by Bishops in Germanie, as is alreadie declared, and that both against Appropriations & arbitrarie Con∣secrations)

bred most perillous disturbances of State, and of no small consequent in those parts. For in the yeere MLXII. when Otho succee∣ded his brother William in the Marquisat of Turingia, Sigifrid Archbishop of Mentz denied him the relieuing of his Fiefs held of the Arch∣bishoprique, vnlesse hee would giue him all the Tenths of his Demesnes, and compell all the Tenants of his Marqusat to doe the like. This was exceedingly distasted by the Turingians, in∣somuch, that they openly profest, they would sooner lose their liues, quàm patrum suorum legi∣tima amittere; that is, then part with their an∣cestrell right of detaining, or disposition of Tithes, according to their vse, either of Infeo∣dations or Appropriations. so you must of ne∣cessitie vnderstand it; and other passages in the Author (Lambert of Schaffnaburg, then liuing, who relates it) make that sense of it plaine. Nei∣ther was this Otho, for as much as in him lay, wanting to the Archbishops request. But in the yeere MLXVII. vpon his death, hee left ioy enough to his countrey men, in regard of that his yeelding about the Tenths, which none of his ancestors had giuen example of. but in him it was the chiefe Seminarie, as the Monke sayes, of the many calamities suffered in the Saxon Warre of that time. Great disputation of Ca∣nonists followed some six yeeres after, in a Councell held, about this Episcopall right, in

Erpesfurt, where not only the Tithes of Lay men were called y 2.220 in question, but Tithes appro∣priated to the Abbeyes of Fulda and Herfeldt, and of all their possessions, were challenged by the Archbishop; his Canonists vehemently dis∣puting for him; and the Emperor Henry the fourth, who much inuaded the rights of the Church, vrging him forward, that indeed hee might haue had a moitie with him. At length, the Abbots diuided with the Bishop by a speci∣all transaction; and, when they yeelded, the Lay men, seruing the time, agreed to giue him theirs also. But presently the exaction of them ceased. Hoc anno (MLXXIII.) post exortum bellum Saxonicum (sayes the Monke) nulla deinceps ex∣actio facta est Decimarum in Turingia; gaudenti∣bus Turingis quod occasionem inuenissent, vt tradi∣tas sibi à patribus leges manu militari tuerentur. And although the Archbishop againe questiond it, no successe followed. Of Appropriations of Tithes, hitherto.

IV.

The vse of Infeodations, or Conueyan∣ces of the perpetuall right of Tithes into Lay hands, is rememberd by Peeter Damian, that complaind of it to Pope Alexander the second, about the yeer MLX. Insuper etiam & Decimae (saith z 2.221 he) ac plebes adduntur in Beneficium sae∣cularibus. Where plebes is taken for Parish Chur∣ches, as it is often vsed in the old Canons: and they are the same, to this purpose, with parochial

Tithes and Temporalties; although literally, they interpret only 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, that is, the Lay people of the Parish, or those of whom the Cure is; which word is often for plebes in the Greek Canons of the African Church. The Originall of the practice of these Infeodations of Tithes appears not in old moniments. Those which referre them to the time of Charles Martell, or a 2.222 any age neer him, are in grosse error; neither is any mention of them, for the space of about CCC. yeeres after him. Lands and Monaste∣ries consecrated, were b 2.223 about those times of Martell often possest by the Laitie, and often wrongfully, as the storie of him, Carloman, and their successors, plentifully discouer. and there∣of enough in the former Chapter. But no Tithes in those times were Infeodated, as also is iudici∣ously obserued and taught by the learned Ste∣phen c 2.224 Pasquier, Aduocat Generall en la cham∣bre des Comptes, whose diligence yet failes, when he confidently deliuers, that these Infeodations began about the time of the holy Warres that were between MXC. and MC. The contra∣rie appeares plainely, not only in that of Peeter Damian, who liued long before, but also in the Counell of Lateran, held in MLXXVIII. where this Canon is, Decimas quas in vsum pie∣tatis concessas esse Canonica authoritas demon∣strat, à Laicis possideri Apostolicâ authoritate pro∣hibemus. siue enim ab Episcopis vel Regibus, vel

quibuslibet personis eas acceperint, nisi Ecclesiae reddiderint, sciant se sacrilegij crimen incurrere: Which in the same syllables is iterated in the generall Councell of Lateran, held in M.C.XXXIX. vnder Innocent the second. But in the first you see cleerly, that Infeodations of Tithes were ancienter then the Holy Warres: Which is plainely confirmed also by the Coun∣cell of Cleremont, held in MXCV. by Vrban the second; where it was forbidden, That Lay men should thenceforth Altaria vel Ecclesias sibi retinere, that is, keep Churches and conse∣crated Tithes in their owne hands. for so was the common d 2.225 signification of Altaria at that time in France. And obserue there withall, that they had beene practiced not alone by Lay men, but by Bishops also; as is declared in Peeter Da∣mians e 2.226 complaint against them for it. Likewise it seems, Religious Orders made Fiefs or Tene∣ments of Tithes f 2.227 for Lay men. Testimonie of these Infeodations are very frequent in the Ca∣non Law, which commonly-stiles the Tithes so conueyed into Lay hands, Decimae Laicis in feu∣dum concessae, and Feudales, and Infeudatae, that is, Feudall Tithes, or as the French Lawyers call them, Dixmes infeodees. And to this day these Infeudations remaine; especially in France and Spaine, and also elsewhere. Neither are the Tithes so possest, other then meere Lay possessi∣ons, and determinable before the secular Iudge.

But thereof, more in the practice of the next CCCC. yeeres, in which the ancient Infeoda∣tions haue continued. But since the yeere M.C.LXXX. none could, in France especially, be newly created; that is, no Lay man might thenc••∣forth begin Infeodations of Tithes parochially due by the Canons. So was it ordained in the generall Councell of Lateran then held, in these words: Prohibemus g 2.228 ne Laici Decimas cum ani∣marum suarum periculo detinentes in alios Laicos possint aliquo modo transferre. Si quis verò recepe∣rit & Ecclesiae non reddiderit, Christianâ sepul∣turâ priuetur. So hath the continuall practice (which in such a case is the best interpreter) since been in that Countrey, which hath receiued this Canon for a binding Law. Neither is it h 2.229 other∣wise to be vnderstood; how euer diuers of the later Canonists, with ignorance enough, draw it to a different sense, and oppose it against the right of all feudall Tithes, being ancienter then the Councell, and since passed ouer into Lay hands. And whereas they commonly suppose, that all these ancient feudall Tithes were at first spirituall, and transferred from Church-men (at the request of Princes) into Lay hands, and since wrongfully detained; surely it is an error. nei∣ther is there any ancient warrant sufficient for it: many of them were doubtlesse created by Lay mens Grants, as Rents-charge, Estouers, Tur∣baries, and the like are. Who can doubt of it,

that obserues but alone this Canon Prohibemus? Whence also may be strongly inferd, that the greater number of Infeudations were through Grants made by Lay men to Lay men, as Con∣secrations were, at their pleasure, made to Chur∣ches. for what is there only forbidden by the Councell, may be thought the greatest and most preiudiciall practice of the time against the pro∣fit of the Clergie. Neither is any prouision there made against the other kind of Infeudati∣ons, which passe Tithes from Church-men. And although the words & Ecclesiae non reddiderit, in the Canon (and in the bodie of the same Councell, in Roger of Houeden) seeme to sup∣pose, as if it had been made for such Tithes as had been taken from the Church; yet indeed, the truer reading is tradiderit, as appears in the bodie of that Councell first fully publisht out of the Vatican, in the last Tome of the Generall Councells printed at Rome by command of the present Pope Paul the fift; wherewith agrees o∣ther Editions, but of lesse authoritie. And per∣haps also some old Infeodations were made by Lay Patrons in the vacancie of their Churches, by the same challenged right as they alone made Appropriations. For, as by our common Law, the Patron and the Bishop may in the time of vacancie dispose of the Endowments (as by the Canon Law also, if the Chapters consent, or the Popes, be had;) so in those elder times, vpon

equall reason, when the Patron had the only dis∣position and interest of the Church (as is alrea∣die shewd) he alone sometimes granted any part, at his choise, it seems, to Lay or Clergie men. Why not any part as well as all? And that Pa∣trons granted whole Churches into Lay hands, appears by diuers passages in Flodoards Rhemish historie, by that before cited out of Damian, and by the generall Councell of Lateran, vnder Innocent the second; where it is ordained, that they should be restored from the Lay men to the disposition of the Bishops. And an example is extant among the Records of the i 2.230 Monasterie of Egmond in Holland; wherein Charles King of France (who is commonly therein taken for Charles the Bald; but Douza thinks it to be ra∣ther Charles the Simple, and made about D.CCCC. and is thereto perswaded by Syn∣chronisme, the best triall of such truths) recites, that Hagano, one of his Nobles, humbly reque∣sted of him for Thierry (the first Earle of Hol∣land) quasdam res; Ecclesiam videlicet Hec∣munde, cum omnibus ad eam iure pertinentibus à loco qui dicitur Zwtherdes Haghe vsque ad For∣trapa & Kinn••m, &c. Which by patent hee grants him in fee, & vt libere haec omnia teneat atque possideat, habeat que de his potestatem iuxta libitum suum ordinandi seu saciendi. If the Church it selfe of Egmund (the Parish Church; for it was then no Abbey, but afterward made

one by that Thierry) passed not by this patent into Lay hands, I sufficiently vnderstand it not. neither is it spoken of, but as what might, accor∣ding to the vse of that time, be cleerly made a Lay fee. Through these kind of Grants, practiced both by Lay & Clergie men, Princes, and priuat persons, the ancient Infeodations of Tithes had their originall, as well as by Leases from the Church; and not by imposition of Tenths by Princes, as some k 2.231 haue ignorantly coniectured; although also it be certaine, that Princes some∣times ioyned l 2.232 with the Bishops to bring in the payment of Tithes, that thereby themselues might haue beneficiall Infeodations of them from the Church. But as Princes made Infeo∣dations out of their owne Demesnes, or their owne Churches; so other priuat Lay Persons. And the Clergie, sometimes of Tithes alreadie vested in them; and sometimes, it seems, out of their Demesnes. And perhaps especially religi∣ous persons, exempted from payment by Bulls, made some out of their owne Demesnes, as may be coniectured out of a Decree m 2.233 of Pope Alex∣ander the fourth, that speaks particularly of In∣feodations made à religiosis exemptis & alijs. And for example of Tithes alreadie possessed, and thus granted by the Church, you may speci∣ally see that of Engelbert Count of Goritz, who had an Infeodation n 2.234 anciently from the Church of Trieste, in the Patriarchat of Aqui∣legia.

and Henrie Count of Ratzenbourg o 2.235 had an Infeodation of all the Tithes which were paid to the Church in his Territorie, from the Bishop of Oldenbourg. so one Hildeward had one in the p 2.236 Diocese of Hamborough, and surrenderd it to Baldwin Archbishop there, about M.C.LXXIV. But examples of them were q 2.237 very many, the dissike whereof was one speciall cause, pretended by those of the De∣serts of Wagria in Holst, about M.C.LXX. why they would pay no Tithes. Praeterea (sayes r 2.238 Krantzius) & hoc adiecerunt, non multùm a veritate aberrantes, quòd omnes paenè Decimae in luxus cesserint hominum saecularium. To these testimonies, of Lay mens arbitrarie detaining, disposing, or receiuing of Tithes in those el∣der ages, you may adde s 2.239 Bernardus Morla∣nensis (an English Monke of Clugny, about King Stephen) his complaint of non-payment to the Clergie. thus speaks he in his affected forme of Verses.

Rusticus hordea, mittit in horrea, farra recondit. Horrea grandia, vasa capacia multaque condit. Nec pecus aut sata dante Deo data vult Decimare. Nec sacra portio, nec Decimatio redditur arae.

V.

The like libertie as Lay men had enioied (in not subiecting themselues to the payment of Tithes, according to the Laws of the Church, but bestowing or retaining them at their own

wills in most places, euen from the beginning of Christianitie, vntill about the yeer M.CC.) was another way purchased, for some time, by reli∣gious houses, so to discharge themselues of cen∣sure of the Canons, and that by Exemptions or Papall priuilege. For howeuer the Laitie iusti∣fied themselues by their secular right, admitting of Canons that toucht their estates, but as they saw cause in their own iudgments; yet Religious persons, who were alwayes of the Pontificiall side, and reckond in the Catalogue of the Cler∣gie, and possessed diuers large Territories, durst not so oppose what was ordaind either by de∣cree at Rome, or in Synods Generall or Prouin∣ciall. Therefore when from the beginning of this Age, both Doctrine and Canons (of which more presently) had made the dutie of Tithes of a known right among the Clergie; Clergie men became somwhat strict obseruers of the pay∣ment, as you see plainly in that before cited out of Godfrey Abbot of Vendosme, with whom Peeter Abbot of Clugny agrees. And, although a 2.240 Canons be in Burchard, Iuo, and Gratian, referd to, I know not what ancient Councell of Chalons or Mentz, whereby Lands, occupyed by Bishops or Abbots, seem to be discharged; according to which also, another Decree is found in the Vatican, annext to some Councels of Pope Vrban the second, yet it seems by the autoritie of those Abbots and other testimonie,

that they were not practiced as Church Laws. But what some of the Clergie durst not do for the Canons, they had licence for by Exemptions from the Pope. And, beside those other Ca∣nons; from b 2.241 Paschal the second, about M.C. there was granted to all religious persons, a speciall discharge from Tithes. but it seems al∣so that this Exemption soon took not force in execution. for it was made diuers yeers before those two Abbots wrote, and (if I vnderstand them) expresly affirmd the common practice of the contrarie. And in an instrument of compo∣sition twixt the Templars c 2.242 and Praemonstraten∣ses in the yeer M.C.XLII. one speciall ar∣ticle was, that, Nullus in vtroque ordine, alter ab altero, tam de nutrimentis, quam de laboribus De∣cimas exiget vel accipiet. whence some inference might be that no cleer exemption preceded (at least in force and practice) for both. But how∣euer, afterward about M.C.L. most of all the religious Orders were d 2.243 exempted, by Pontifi∣ciall priuilege, from payment out of possessions kept in their owne occupation, which Pope Ha∣drian the fourth (about that time) restraind to the Cistercians, Templars, and Hospitalars, and decreed that all other religious Orders should pay Tithe of whatsoeuer encrease they had in their own occupation, sauing of e 2.244 new Im∣prouements by culture, of pasture for their Cattell and of Garden fruits. But neither were

they by these exemptions, freed from payment of Tithes, which were taught due only by com∣mon right to the Church. They were discharged also from such as had formerly been f 2.245 consecra∣ted out of their possessions, by their Founders or Benefactors, to other Churches, ouer which also the Pope challenged supreme autoritie in disposition of their Reuenues. But the Laytie would not permit such exemptions to extend to their Infeodations. Milites Galliarum, sayes Peeter of Blois, speaking of the Cistercians, sibi ius Decimationis vsurpant, nec vestris priuilegijs deferentes, eas à vobis potenter extorquent. But, that of those three Orders. was afterward in the yeer M.CC.XV. in the generall Councell of Lateran, limited to such Lands as they g 2.246 had before that Councell purchased. where obserue by the way, that Exemptions were then chiefly allowd to two Orders, which are not properly to be reckond amongst any part of the Clergie, or Ecclesiastique persons. For the Templars and Hospitalars were deuout Souldiers only, nei∣ther could h 2.247 they iustifie their enioying of tithes, either through exemption from the Pope or consecrations from the Laytie, by the reasons which other Cloister Monks vsed. Their pray∣ers, or deuotions in priuat, were not the seruices expected from them in the Church; but their swords and valour only gaue the desert, as at this day may be truly affirmed of the Hospitalars

or Knights of S^t. Iohns of Hierusalem, which being now, as in those ancient times they were, only Souldiers of the Church, haue therefore been diuers times lately i 2.248 adiudged in the Court of Aides in Paris to be no part of the Clergie. But also, by the succeeding Popes, other like priuileges were granted to k 2.249 Bishops, Abbots, and at their pleasure. But of the Practice of these CCCC. yeers, thus much.

VI.

Of the Opinions left in the moniments of the Clergy, both touching the Right of tithes, and those Practices, next briefly. Very frequent are the testimonies in the old Councels of about the beginning of these CCCC. yeers, in which Tithes are spoken o•• as due generally by Gods Ordinance. as, Decimas Deo dari omnino non neg∣ligatur, quas Deus sibi dari constituit, quia timen∣dum est, vt quisquis Deo debitum suum abstrahit, ne forte Deus per peccatum suum auferat ei necessa∣ria sua, which occurres in the Prouinciall Coun∣cell of Mentz held in DCCC.XIII. and is iterated in some * 2.250 other succeeding of the same Prouince, & in the m 2.251 Capitularies. And it is or∣dinarily grounded vpon the Leuiticall Laws (which are obuiously cited for the right of Tithes in the very n 2.252 syllables of Moses) but somtimes also on Abrahams & Iacobs examples, as in Walafrid Strabo, that liud about DCCC.XL. whose words are, Decimas Deo & Sacer∣dotibus D••i dandas Abraham factis, Iacob promis∣sis

insinuat, deinde lex statuit & omnes Doctores sancti commemorant; the self same being n 2.253 referd also to one of the Councels of Mentz of those times. And res o 2.254 Dominicae and Dominica p 2.255 sub∣stantia and Dei q 2.256 census, and the like are the at∣tributes giuen to Tithes, by the ancients of this age, which also they stile r 2.257 patrimonia pauperum, and Tributa egentium animarum, and Stipendia pauperum, hospitum, peregrinum; whence also the Clergie was not to vse them quasi suis sed quasi commendatis, as the words are of the Coun∣cell of Nantes, held about the former part of these CCCC. yeers. And Pope Alexander the third in an Epistle s 2.258 to the Archbishop of Rheimes, sayes, non ab hominibus sed ab ipso Deo sunt institutae. and in another to the Bishop of Amiens, he calls them Sanctuarium. and Caelestin t 2.259 the third; Fidelis homo de omnibus quae licite potest acquirere, Decimas erogare tenetur after him, Innocent the third; Decimas Deus in signum vniuersalis dominij sibi reddi praecepit suas esse De∣cimas & primitias asseuerans. and his generall Councell of u 2.260 Lateran agrees with him. and it appears that S. Vlrique Bishop of Auspurg about the yeer DCCCC.L. in his Visitations had especially this article of inquirie; x 2.261 Si Decimas recte darent; which shews his opinion that they were generally due. With these take the autori∣tie of the Poenitentials exercised by the Clergie in that Age, by which, strict examination was to

be made at Shrifts, whether the penitent had paid all kind of Tithes, in these words. Hast thou at any time neglected to pay thy Tenths to God, which God himselfe hath ordained to be giuen him? or if thou hast done so or consented to the defrau∣ding of the Church therein, first restore to God four-fold: and then must thou suffer penance with bread and water only, for twentie dayes. So it is deliuerd in y 2.262 Burchard Bishop of Wormes, that collected the Canons about the yeer M. Nei∣ther was any difference in the nature of the en∣crease by the common opinion of this time. The tenth of z 2.263 all, aswell of all kind of Personall as Prediall, was taught due. Neither find I any man in this Age that by Doctrine expresly op∣posed any of this, sauing only that French Leu∣tardus, who about the yeer M. held the payment of them necessarie. Decimas a 2.264 dare, dicebat omnimodis esse superfluum & inane. But also o∣ther opinions he had, that being against the v∣suall Doctrine of the Church, gaue him the name of Heretique, which he kept till his mise∣rable death. This may suffice for the expresse testimonies of Opinion of this CCCC. yeers touching the generall right of Tithes. But al∣though this opinion be so frequently deliuered in such termes as may denote the Tenth due by Gods Law, (that is, as it should at first sight seem, by the Diuine morall Law, or the Diuine naturall Law, which should bind all men and

euer, and are to this purpose both one) ye it is plain, by so much of the practice of the Laitie as the Clergie commonly allowd of, and by the ge∣nerall opinion of the Time, that the persons held capable of them, were not only the labou∣ring Priesthood or Ministering Clergie. The disposition of them in perpetual right to Monks, Nunnes, the poor in Hospitalls, to religious orders of Knights, and that out of one Prouince or Kingdome whatsoeuer into any other, in this time was allowd cleerly in practice; and accor∣ding to that practice they were enioied. And the Clergie also generally agreed, that, by their Ca∣nonicall forme of conueyance, Tithes might be giuen (although some ancient b 2.265 Canons were for Parochiall right) to any Church, to Mona∣steries, Hospitalls, reliefe of Poor or Sick: that is, as c 2.266 Iuo Bishop of Chartres (being a great Canonist about M.C.XXX.) in his iustifying the right of Tithes expresses it; Decimas & fi∣delium oblationes Ecclesiae (so you must read, and so is his d 2.267 Ms. copie) lex caritatis communicare po∣test non tantum Monasterijs sed etiam Xenodochijs, infirmis & peregrinis. For, saith he, licet Decimae & oblationes principaliter clericali debeantur mi∣litiae, potest, tamen, Ecclesia omne quod habet cum omnibus pauperibus habere commune. But this might not be done, as they would haue it, by the Lay owner only. For he well addes, that ne∣uerthelesse no Monasterie might, by the e 2.268 Ca∣nons,

lawfully receiue a conueyance of Tithes, ab illis ad quos non pertinet, id est à Laicis. yet you see cleerly that Monasteries and other Churches did receiue them from Lay men, and continual∣ly enioyd them. So that the chiefest difference twixt the Laitie and Clergie herein came to be, who should dispose or conuey the Tenths (ac∣cording as they varied also about Inuestitures) not what persons (sauing in the vse of Infeoda∣tions) might haue a perpetuall right in them. and in that difference the Clergie yeelded so fre∣quently in receiuing, allowing and confirming arbitrarie conueyances (as is before shewd) of Tithes, no otherwise then as of Houses or Glebe, to Monks, Nunnes, or Churches farre di∣stant; that if they held them due to the labou∣ring and Parochiall Minister (were he Bishop or other) by the Diuine morall Law, they did in this no lesse then commit against their own con∣sciences, and exercise a kind of continuall and fearfull sacrilege. And indeed it appears that it was 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. For the Clergie in a Petition to the Emperor Lewes the second, in the Councell of Pauia in DCCC.LV. confidently affirmed that it was generally taken, that such a conuey∣ance to another Church pro libitu was aswell diuinae * 2.269 Legi, as sacris Canonibus contrarium.

But then cleerly also, the chiefest practice of these CCCC. yeers was herein contrarie to the Diuine Law; a strange imputation to lay on the time, if at lest Diuine Law there, & Deus praecepit, and Deus constituit, & the like in their other pas∣ages for Tithes, denoted the Diuine Moral Law. But if you so vnderstand it, how could that Lex Charitatis, that Iuo speaks of, so dispense with it? And with what colour could the Church so frequently practice against it, or pretend arbitra∣rie Consecrations to be so meritorious? But for an Interpretation of their meaning, by shewing how others conceiue that Lex diuina here, look in the next CCCC. yeeres. As for Exempti∣ons; some complaints were made against them by such as lost by them; as you may g 2.270 see by the Monks of Clugny, complaining against the Ci∣stercians, and by Peeter of Blois. But out of them also may be collected, that the generall Opinion of the age was not, that they were due by the Diuine Morall Law. Was Rome, in those an∣cient times so bold to grant so many Dispensa∣tions expressely against the Diuine Morall Law? Yet also Iohn h 2.271 Bishop of Chartres, in those times, found much fault with the Exemptions giuen to religious persons. Miror (saith he) vt fidelium pace loquar, quodnam sit quod Decimas & iura aliena vsurpare non erubescunt. Inquient fortè Religiosi sumus. Planè Decimas soluere Re∣ligionis pars est. And more to this purpose you

may find in him, where he tells you, that these Exemptions did derogare constitutioni Diuinae. But the Clergie generally was much against the vse of Infeodations of Tithes and Churches in∣to Lay hands, although it were practiced by some Bishops and Religious Houses; who com∣mitted strangely, if they were also of opinion, that the right of Tithes was due to the Priest∣hood immediatly from the Morall Law. Quid est enim (saith Peeter i 2.272 Damian) Decimas in v∣sum saecularium vertere, nisi mortiferum, eis virus, quo pereant, exhibere? Hinc accidit quod & plebe∣sanis iusta detur occasio, vt Matricibus suis Eccle∣sijs obedientiam subtrahant, vt non eis legitima Decimarum persoluant. And Alexander the third directed the Bishop of Amiens to k 2.273 decree, that a gift of a Tithe by an Abbot into a Lay hand, was void, quoniam sanctuarium de iure haeredi∣tario possideri non debet. But these are only a∣gainst Conueyances of Tithes alreadie conse∣crated to Churches, and so hallowed. But, such as were by their first creation infeodated to Lay men, can no more be accounted (in their own nature) differing from other Temporall and Lay possessions, then Rents-charge, Estouers, the tenth sheaf, or the like at this day granted in fee by one Lay man to another. Neither in∣deed was the Churches right (what euer it were) to her Tithes properly diminished by such Grants. for if, at this day, the owner

grant the tenth sheaf of lands titheable, to a Lay man, may not the Grant be good, as a Charge out of the land? and yet the Church there hath her right as before. But the truth, it seems, was, that in those elder times, Lay men that had created a Tenth into Lay hands, rarely, or not at all, paid any to the Church; and those Infeodations, once made, gaue them greater pretence, of with-holding what the Church demanded: as if it had been enough to say, they must not, could not, pay two Tenths out of their land; and that if a Tenth were once created to any man, nothing els might be exa∣cted vnder the like name. The same may bee thought on in Consecrations to Monasteries. For if Tithes had been held generally due and paid parochially (as now) then cleerly, although a Lay man had granted a Tenth to another Church or Monasterie, what other soeuer had been due parochially, had, l 2.274 notwithstanding the Grant, still remaind payable to the Parson. How could it haue been otherwise? And so no small number of doubly-paid Tithes had re∣maind at this day.

VII.

The Laws made in this time for pay∣ment of Tithes, were Imperiall, Prouinciall, and Pontificiall. The first of the Imperiall, was made by Charles the Great, in a generall assembly of Estates, both Spirituall and Temporall, vnder him, in the XI. yeer of his reigne ouer France

and Germanie, and in the yeere of our Sauiour, DCC.LXXVIII. it was there ordaind, Vt vnus quisque m 2.275 suam Decimam donet; at que per iussionem Episcopi sui▪ (or Pontificis, as some Co∣pies are) dispensetur. Which Law indeed, with diuers other, for true payment of Tithes, were generally made by him before his Empire, which began not till the yeere DCCC. yet because this was in the same termes receiued into those Capitularies collected by Benedictus Leuita, as from him being Emperor, it may well enough be titled Imperiall, and it is the first to this pur∣pose extant, which can be at all stiled Generall, and was ordained by both powers, Secular and Spirituall, to any whole State: vnlesse you will beleeue, that in Scotland a Law was established by King Congallus and his Clergie, about D.LXX. after Christ, for the generall payment of Tithes there, according as n 2.276 Hector Boetius hath related. Congallus, indeed, is by others affirmed to haue been verie carefull for the Cler∣gies maintenance. But it will, I think, fall out to be too bold an assertion of that faining Hector, who often, as it were, makes Laws for the Scotish Kings, that hee may relate them; or else hee was deceiud by them from whom hee took it. No good Authoritie can iustifie such particulars of that age there. neither is it to be receiud other∣wise then as fabulous, and proceeding out of that common mistaking of ancient passages of

Church-reuenues, and confident (but ignorant) application of them to Tithes. But from that Law of Charles the Great was that exaction of Tithes, spoken of before by Alchwin; and thence are Tithes, in Ansegisus his collection of his Imperialls, so frequently mentioned, as of known right; and hence also had the title of the German Bishops, before spoken of, its originall. Those Capitularies, both of Ansegisus and Le∣uita, were collected by them about the yeer D.CCC.XL. in both of which, frequent con∣stitutions are for Tithes, and for the o 2.277 parochiall right also of them. Yet with them also take the constitutions of Charles the Great, about the same time collected, but published by Vitus A∣merpachius in the yeer M.D.XLV. as also others occurring in the collection of Melchior Golda∣flus. These, together with the Lawes of the Lum∣bards, haue very many constitutions of about the beginning of these CCCC. yeers for this purpose; and one only shall suffice to be here transcribed. De Decimis p 2.278 quas populus dare non vult, nisi quolibet modo ab eo redimantur; ab Epis∣copis prohibendum est ne fiat: & si quis contemtor inuentus fuerit; si noster homo fuerit ad praesentiam nostram venire compellatur, caeteri vero destringan∣tur vt inuiti Ecclesiae restituant quae voluntarie dare neglexerunt. This was made either by Charles, or Lewes the first. but it is falsely re∣ferd to the Emperor Lothar, in the Laws of the

Lumbards. It was prouided you see against such as would not giue their Tithes, vnlesse they were purchased of them for valuable consideration. But the effect that these Lawes had, was short; the Laitie soon disobeying such commands as diminished their reuenues. And it enough ap∣pears in the storie of about the yeere q 2.279 DCCC.XLV. that little or no practice was of any of those Lawes of the Capitularies, in behalfe of the Clergie; nothing being more frequent, then not only the denying them what they would haue had, but also the taking from them what they otherwise possessed. Nor could they haue sufficient remedie for it, either in the Councell of Meaulx, where, vnder Lothar the first, they humbly sought it, or long afterward, as is mani∣fest in the Moniments of the succeeding ages. But by the way, whereas some (both strangers, and of our own countrey men) out of the ioint mention of Nona and Decima in those Imperi∣all Capitularies of Charles and Lewes the first, fetch an example of a Ninth paid to the Church as well as a Tenth, and bring it as a character of the times deuotion; as if the Tenth had not then been thought enough, vnlesse a Ninth also, like a second Tenth, had been offered; it is a ri∣diculous error, and proceeds from grosse igno∣rance of the Common Lawes, Storie, Councels, and vse of that age. The Ninth and Tenth there spoken of, were only the rent due from the Te∣nants

of Church lands by the ordinarie reser∣uation of the Tenth, as of what was held, by many, of it selfe due to the Clergie, and of the Ninth, as of the Rent or consideration to be giuen to them as to Lessors for the receiued profits. so will it plainly appear in a multitude of old r 2.280 autorities, to which I refer you. Neither was the Ninth here thought due otherwise, then as among the ancient Bauarians, the Tenth on∣ly from occupiers of Church Lands. The Tenth of the profits was all that their Laws s 2.281 appoin∣ted to be paid for rent to the Church by Lessees. But also very many Prouinciall Constitutions were made for the true payment of Tithes about the beginning of this CCCC. yeers. as in the Councell of Mentz in the yeer DCCC.XIII. Admonemus atque praecipimus vt Decimas Deo omnino dari non negligatur. which words were receiued also into the Imperials. and with them agree diuers Councels, held about the same time; as the Councels of Rheims; the fourth of Arles; the second of Chalons, and many other following. And in Scotland (if we may beleeue the t 2.282 Autor, for though he speak very good language, yet he is of no such sound credit) a∣bout the yeer DCCC.XL. King Gregorie in his Laws for Church liberties, ordaind that the Spirituall Court only should haue conisans of Tithes; which had been perhaps all one as to haue established them to be generally due. for

by the opinion of that Court it is likely they would then also haue been iudged so. And also among the ordinances u 2.283 of Cing Macbeth about the yeer M.LX. the same Autor puts one in these words, Decimam partem Terrae nascentium pa∣storibus Ecclesiarum liberè conferto: Many more of like nature are where we speak seuerally of the English Constitutions. For Pontificiall decrees; Publique moniments, I think haue none in ex∣presse termes of command (except you look back to that x 2.284 faind one of Pope Damasus) an∣cienter then that attributed to y 2.285 Pope Nicholas the second. Praecipimus (saies he) vt Decimae & primitiae seu oblationes viuorum & mortuorum Ecclesijs Dei fideliter reddantur à Laicis, & vt in dispositione Episcoporum sint; quas qui retinuerint a Sanctae Ecclesiae communione separentur. The selfe same words z 2.286 are also vnder the name of his next successor Alexander the second. That of Pope a 2.287 Leo the fourth, about the yeer DCCC.L. De Decimis, iusto ordine non tantum nobis sed etiam maioribus nostris visum est, plebibus tantùm, vbi sacrosancta baptismata dantur, debere dari, may be reckond for a Canon for the right of Tithes, if you will. but it seems rather it was at first a Declaration of an opinion then a Consti∣tution. But both the other and that, with di∣uers passages also out of S. Augustine, S. Ambrose, and others, and those old Prouinciall Councels, that make for the generall right of Tithes, were

confirmed for generall Canon Law in Gratians b 2.288 Concordia discordantium Canonum, by Pope Eugenius the third in the yeer M.C.LI. or presently after. for howeuer some Canonists ignorantly otherwise place the Collection of that first part of the bodie of the Canon Law; it is most plain that it was in that yeer collected by him; which is best iustified by a most ancient copie of it writen before the Paleae were inser∣ted, and remaining in the Vatican, with this c 2.289 in∣scription: Decretum Gratiani Monachi Sancti Faelicis Bononiensis Ordinis sancti Benedicti com∣pilatum in dicto Monasterio Anno Domini millesi∣mo centesimo quinquagesimo primo, tempore Euge∣nij Papae Tertij. enough other testimonie is of it. And in the Councell of Cleremont held in M.XCV. by Pope Vrban the second it was de∣creed, Ne laici Decimam partem de laboribus suis retineant. some other passages of Popes are a∣bout that time against the selling of Tithes, which they call Simonie. And in C· 16. q. 7. c. 1. after the passage of Gregorie the seuenth, before cited out of his Councel of Rome against feudall tithes, these words follow as if he had continu∣ed them; Oportet autem congruentiùs nos Deci∣mas & primitias, quas iure Sacerdotum esse sanci∣mus, ab omni populo accipere, &c. which compre∣hend in them a Constitution. but neither these or any of the rest that follow there, are in that Councell of Gregorie, neither find I whence

Gratian had them. But an Epistle d 2.290 of that Gre∣gorie is extant, wherein among other admoniti∣ons to some Princes of Spain (after such time as the profession of Christianitie there, was purged of some Gothique corruption, by a e 2.291 Councell held vnder Richard Abbot of Marseilles, the Popes Legat in MLXXVI. so I vnderstand that reference made, in the Epistle, to a kind of new conuersion to the Faith) he perswades them, Decimas, quae ad vsum tam ipsorum quam Eccle∣siarum & pauperum proficiant, dare, totique reg∣no indicere. Quod quidem nulli debet graue videri, pro meliori parte, videlicet semper victurâ animâ, quemque decimam Deo offerre, cum pro morituro corpore plurimae gentes coniugibus suis tertiam re∣rum legibus compellantur exsoluere. He admoni∣shes, you see, and perswades, but commands not. He thought not, it seemes, his own power great enough to haue had effect in disposition of a Tenth part of euery mans reuenue, and therefore abstaind from command. neither could he haue pretended the autoritie of any Law or Canon, generally receiued into practice. for neither in his time, nor long after, till about MCC. were Tithes so generally paid (as since) without spe∣ciall Grant or Consecration (as is sufficiently shewed:) neither had any Generall Councell as yet once remembred the Dutie, or the name of Tenths. The first of the Generall Councels that mentions them, is the Ninth, that is, that of La∣teran,

held vnder Calixtus the second, about M.C.XIX. extant in the Vatican, and first pub∣lisht in the late Edition of the Greek Generall Councels printed at Rome by autoritie of the present Pope Paul the fift, and now newly in∣serted into Binius his last f 2.292 Edition. But they are there spoken of only, as they were receiud by speciall Consecrations. and in the Generall Councell of Lateran, held in M.C.XXX. vn∣der Innocent the second, feudall Tithes are in the same syllables mentioned, as in the Decree of Gregorie the seuenth, before cited out of the Councell of Rome. And this also, taken out of the Vatican, is to be found only in those two late and fullest Editions. But of the Generall Coun∣cels (before that Edition at Rome) ordinarily known and read, the first that names Tithes, is the Eleuenth, that was held vnder Alexander the third, in M.C.LXXX. But there, Infeodati∣ons of them into Lay hands, and Consecrations or arbitrarie Conueyances of them to * 2.293 Reli∣gious Houses, without assent of the Bishop, are only forbidden. Neither was any Canon of a Generall Councell as yet found, that purposely commanded payment of them; nor any that ex∣pressely supposed them a dutie of common right, before g 2.294 that of Lateran in the yeere M.CC.XV. held vnder Pope Innocent the third, about which time, Ecclesiasticall Autoritie became more powerfull, the Canons were more receiud

into practice (that before were litle, especially herein, obeyed) and Parochiall right to Tithes grew to be more established; whereof, more in the next and last part of our generall Diuision, and in the English practice. But if that Canon in the Lateran Councell, held vnder Alexander the third, against arbitrarie Consecrations of Tithes without assent of the Bishop, might be vnderstood literally, and of new Tithes so crea∣ted (neither is any thing in the Councell that denies that to be the meaning of it) then needed wee not perhaps seek further for the cause of that Assertion amongst our common Lawiers, That, before the Councell of Lateran, euery man might haue giuen his Tithes to what Church hee would. Who euer obserues the practice of the preceding time only, and the words both of that Councell, and, to the same purpose, of the other held vnder Calixtus the second, may well enough be perswaded, that the intent of those Canons were no otherwise. But in regard wee find that Canon of Lateran, vnder Alexander the third, to bee differently interpreted by Innocent the third, within twentie or thirtie yeeres after the making of it, and vnderstood only of Feudall Tithes formerly granted out from the Church into Lay hands (according as the Canonists af∣ter him also take it) we cannot be altogether so secure of that other interpretation. In Latera∣nensi Concilio (saith h 2.295 Innocent; meaning, that vn∣der

Alexander the third) est inhibitum ne quaelibet Religiosa persona Ecclesias & Decimas de mani∣bus Laicorum, sine consensu Episcoporum recipiat; per quod indirectè datur intelligi quòd sufficit consensus Episcopi, vt licitum Ecclesiae sit Deci∣mas de manibus recipere Laicorum. Hoc autem de illis Decimis intelligimus quae Laicis in feudum perpetuò sunt concessae. But we must take it vpon his word only, and the credit of the following Canonists, that the Canon was so to be vnder∣stood. They may, as they will, vnderstand it by iudiciall application. but you may, at least, doubt still, that the Historicall vnderstanding of it, is to be had out of arbitrarie Consecrations before practiced. And it was euen equall to ordaine, that Lay men should not arbitrarily consecrate, and that they should not consecrate without assent of the Bishop; euery Bishop (I think) being supposed a carefull obseruer of the former Canons, which would haue induced pa∣rochiall right to Tithes, and generall payment. So that what in this kind might not be done without his assent, was conceiud as likely to be neuer done to the Churches preiudice. Let eue∣rie able reader iudge here. but let him not be much swayed with the rable of late Canonists, that goe away cleer with this of Pope Innocent. When the Pope had said so, they made no scru∣ple of the truth of it; and one takes it (as their fashion is) from another with too much easie

credulitie. But although this be not sufficient ground for that assertion of our common Lawi∣ers (which cleerly, being rightly apprehended, is true; though lazie ignorance crie against it, euen to hoarsenesse) yet enough other will be found, whereof more toward the end of the tenth Chapter.

Of the time from M.CC. or neere thereabouts, till this day. CAP. VII.

I. The Canons of Generall Councels, and De∣cretals, for parochiall right in Tithes (not for∣merly otherwise conueyed) which now became more established.

II. The opinion of the Canonists, in the question of what immediat Law Tithes are due by, is, that they are payable iure diuino.

III. How the same question is determined by the opinion of the Schoolmen.

IV. Of those that held them meer Almes.

V. The opinion in Diuinitie, that concludes them due iure diuino. With a Determination of the Vniuersitie of Oxford touching Personall Tithes.

VI. Laws, Customs, and Practice of France, in exaction of them. Of their feudall Tithes at this day.

VII. Laws, Customs, and Practice in Spain,

touching the generall payment of Tithes. Tithes there, in Lay mens hands.

VIII. Customs and Infeudations in Italie; Payment in Venice; in Germanie: Of the Hungarians, Polacks, Swethians, and others, touching the dutie and possession of Tithes.

IX. Of Tithes in Scotland. With an Example of an Appropriation of Churches and Tithes there, by Robert de Brus. And something of Tithes in Ireland.

IN these following times, the Canon Law grew to be of more force, and Parochiall right (through the Decrees made against that former course of arbitrarie Conueyances, and from the passages of Canon Law, that sup∣posd the generall right of Tithes) became to be more established. But the Opinions of Canonists and Diuines haue been and are much different in the question, vpon what Law the generall right of them is immediatly grounded. But by the Practice of the Common Laws (for so much as I haue read) of all Christian States, they are subiect to Customes, and that somtimes as well in non payment as in payment of a lesse part. And In∣feodations of them into Lay hands, yet continue in France, Spaine, Germanie, and elsewhere. And of Customes only and Infeodations wee shall principally speake in the practice of this time. For, what euer might here otherwise be remem∣berd touching Compositions, Exemptions, or

such like, is but a meer consequent of those Cu∣stomes, and of the Opinion that makes them due only by Positiue, Human, or Ecclesiasticall Law.

I.

It is sufficiently manifested in the practice of the former CCCC. yeers, that the Laitie did vsually conuey their Tithes by Consecrations and Appropriations to what Church they would, and by Infeodations to Lay men. Their Infeoda∣tions were forbidden by the a 2.296 Generall Coun∣cell of Lateran, in M.C.LXXX. whence that most known Canon Prohibemus, before cited, was taken into the bodie of Gregories Decre∣talls, and hath euer since been, and still is, in au∣toritie, and that also in the secular Lawes of France especially. It was in the same Councell ordained, That no religious Orders should re∣ceiue any Appropriations or Consecrations of Churches or Tithes, without assent of the Bi∣shop. Ecclesias & Decimas (are the words) de manu Laicorum, sine consensu Episcoporum tam illos (that is, Templars and Hospitalars, against whom the prouision was chiefely made) quam quoscunque alios Religiosos reciperc prohibemus. This was confirmed in the Generall Councell of Lateran, held vnder Innocent the third, in the yeer M.CC.XV. And a Canon of the Gene∣rall Councell of Lateran, vnder Calixtus the se∣cond, in the yeer M.C.XIX. (wherein paro∣chiall Ministers were also forbidden to receiue

Tithes, or Churches, from the hands of Lay men, by Inuestiture especially, Absque consensu & voluntate Episcopi) was afterward, in diuers Epistles of Pope Alexander the third, recei∣ued b 2.297 and confirmed. And although manie Decrees were before against those Conueyan∣ces, yet till these Generall Councels (vnder A∣lexander and Innocent) neither was the Autori∣tie of the Church so powerfull, neither were E∣pistles sent from Rome so frequent, to put that in execution, which had so been there established against that challenged right of the Laitie. But by this time, when the arbitrarie disposition of the owner was thus prouided against (reference being made to the Bishops assent, that was bound to square all things by the c 2.298 Canons, which would haue Tithes paid parochially, and became to be much more obeyed then before) it grew frequent, to haue Decretall Epistles sent from Rome into euery Prouince, both to ratifie the former Consecrations and Appropriations, (which the Popes d 2.299 began also, at pleasure, to declare sometimes void, if made by Lay men a∣lone) and also to exact parochiall payments of other Tithes, not canonically conueyed out of the Parish: and the reason sometime was ad∣ded; that is, e 2.300 Perceptio Decimarum ad Paro∣chiales Ecclesias de iure communi pertinet. and the Generall Councell f 2.301 of M.CC.XV. had taken it cleere, and so exprest it, that in signum

vniuersalis Dominij quasi quodam titulo speciali sibi Dominus Decimas reseruauerat: And after a few words, the Canon is concluded with Deci∣mare cogantur Ecclesijs, quibus de iure debentur. And the action for parochiall Tithes in those times, as now, is called g 2.302 iure communi fundata intentio; that is, by common right, Tithes prae∣diall and mixt were due to the Rector of the Pa∣rish (were he Bishop or Priest) if they were not otherwise, by speciall title, enioyed by some o∣ther Church, or discharged by Canonicall Ex∣emption. But how little this common right had before been practiced, appears not only in what is alreadie declared, of the vse of the former time, and in the doubts made by Gratian in the Decree, and Pope Lucius the third, Alexander the third, and others in their Epistles touching it, but also in other occurrences of somewhat before the beginning of these CCCC. yeers, amongst which you shall find, that both the reli∣gious and secular of the Clergie would vsually take Couenants from their Tenants, to pay them the Tithes, and so preuent the Parson of the Pa∣rish where the land lay. If parochiall right had then been common, how could such a Couenant haue preuented the Parson? That practice is both related and remedied in the h 2.303 Generall Councell of Lateran, of M.CC.XV. and an example of it in the Archbishoprique of Ma∣tera is remaining among the Decretals i 2.304 of In∣nocent

the third, where also it appeares, that the Archbishop had complaind to the Pope, That the Land-occupiers in his Diocese vsed to di∣uide their Tithes at their pleasure, and arbitrari∣ly giue part to the Church, part to the poor, part to their kinred. for which hee had remedie by Pontificiall Decree. Hereto you may adde that of an old Councell ofk 2.305 Tribur, in DCCC.XCV. 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. And when Alexander the third, about the yeer M.C.LXXX. was to answer the doubt touching Parochiall right of Prediall Tithes (that is, whether they were due intuitu territorij, in regard of the li∣mits within which they grew, or obtentu Perso∣narum, by reason of the person, and so to be paid to the Church wheresoeuer the owner for the most part receiued the Sacrament and heard Diuine Seruice) he knew not how to determine it; and withall acknowledged, that although it had been often moued, it was neuer resolued. Sane (saith l 2.306 he) cum huiusmodi quaestio tempori∣bus praedecessorum nostrorum mota fuerit, non de∣terminata, alijs intuitu Territorij, alijs Personarum obtentu Decimas asserentibus debere persolui, non est nobis facile certum tibi dicere: which are the words of that Epistle; a part whereof is in Gre∣gories m 2.307 Decretals. So, that although by the

Canons they would haue had a vniuersall pay∣ment of Tithes, and although some much anci∣enter n 2.308 autoritie be in that Law for Parochiall payment, yet they had long before, and about the beginning of this last CCCC. yeeres, so much controuersie touching Parochiall right, that euen thence alone you may see, it was not so much as, in Opinion, established. Enough more like Examples are of that time. And you may obserue, that where Pope Alexander doth by Decretall command a Parochiall payment in the case of the Monks of o 2.309 Boxley (for so you must read in Gregorie; not Bosse, as it is in the most polite Edition) yet his ground is from a vse of Parochiall payment in that particular; without which, he had been as vncertaine there, as he and others are in Epistles of that time. But so farre also was the former course of arbitrarie Consecrations now withstood, that not only the Lay owner might not of himselfe consecrate the right of his Tithes at will, but also, although the Bishops assent had ioind with his in conueying any Tithes (except only such as were infeodated to him before the Councell of Lateran of M.C.LXXX.) the Conueyance had been declared void; and to that purpose only, of passing Feo∣dall Tithes out of Lay hands to the Church, was the Bishops assent p 2.310 decreed to bee sufficient. But howeuer, through those Oecumenicall and Pontificiall Decrees, a more certaintie of Paro∣chiall

right was now begun; and though those old Canonists also, Pope Innocent the fourth, Cardinall Hostiensis, and some others, about the yeere M.CC.LX. writing on the Decretals, took Parochiall right as a thing cleerly esta∣blished in Law, yet it is reported by some Anci∣ents of good credit, that sufficient remedie was not fully prouided against that practice of the former course of Arbitrarie dispositions of Tithes, till the Generall Councell of Lions, held vnder Pope Gregorie the tenth, in the yeer M.CC.LXXIV. in which, they say, it was constituted, Vt nulli hominum deinceps liceat De∣cimas suas ad libitum, vt anteà, vbi vellet assig∣nare, sed Matrici Ecclesiae omnes Decimas persol∣uerent. So Randall Higden the Monk of Che∣ster, Henrie q 2.311 Knighton Abbot of Leycester, and Thomas of Walsingham a Monk of S. Albons, tell vs; and all three of them liud but about C. yeers from the time of that Councell, and might so perhaps, haue had for it some ancienter Au∣toritie from some now lost moniments. And vpon this, doubtlesse, was that assertion cor∣ruptly related in the printed Examination of W. Thorp before Arundell Archbishop vnder Henrie the fourth; where he answers, That one Pope r 2.312 Gregorie the tenth ordained new Tithes first to be giuen to Priests now in the new Law. But the bodie of that Councell (which was first publisht only in the late Edition of the Generall

Councels at Rome, and is now also in the last E∣dition of Binius) hath no such matter in it. One Canon is there, specially against * 2.313 Allenation of Reuenues of the Church by Clergie men, and another, against vsurpation t 2.314 of them by Lay Patrons in time of Vacancie; but neither out of them, or the rest, can you extract what those Monks haue related. But although they might erre in the relation of the Canon, yet, doubt∣lesse, they had some speciall memorie, that Pa∣rochiall right to Tithes had been but of late yeers, and sometime after M.CC. receiud into the more known and practiced Law; although the Doctors so confidently before talke of it. For we must not doubt, but that those elder Ca∣nons, notwithstanding their great autoritie, were by most different degrees of time receiud into vse, and in some places, not till long after M.CC. as wee see particularly in that of the pra∣ctice in the Diocese of Palentia, till M.CCC.XXII. which was, that euery man, wheresoeuer hee dwelt, yet might declare himselfe to bee of what Parish hee would, and to that Parish only giue his Tithes: Which was remedied by a Councell then held at Villadolid, vnder Willi∣am Bishop of Sabina, the Popes Legat; where he begins with, Parochiarum diuisio à sanctis pa∣tribus instituta certitudinem Parochianorum & Decimarum debitam solutionem inducit. For in∣deed, Parochiall payment regularly was now

grown, by the Canons gaining force, to be the only debita solutio. The next authoritie of a Ge∣nerall Councell for Parochiall right (after that of Lateran; wherein yet nothing directly consti∣tutes it, but rather it is supposed, as of former time) is the Condemnation, in the Councell of Constance, of Wicklefes assertion, That Tithes were meer Almes, and that parishioners might, ad libitum suum (as his position was) eas auferre propter peccata suorum Praelatorum. And since that, in the Generall Councell of * 2.315 Trent vnder Pius the fourth, about M.D.LX. this Canon was published. Non sunt ferendi qui varijs arti∣bus Decimas, Ecclesijs obuenientes, subtrahere moliuntur, aut qui ab alijs soluendas temerè occu∣pant & in rem suam vertunt, cùm Decimarum so∣lutio debita sit Deo. Et qui eas dare noluerint aut dantes impediunt res alienas inuadunt. Praecipit igitur sancta Synodus omnibus cuiuscunque gradus & conditionis sint, ad quos Decimarum salutio spectat, vt eas (ad quas de Iure tenentur) iu poste∣rum Cathedrali aut quibuscunque alijs Ecclesijs, vel Personis quibut legitimè debentur integrè per∣soluant. Qui verò eas aut substrahunt, aut impedi∣unt, excommunicentur; nec ab hoc crimine, nisi plenâ restitutione secutâ, absoluantur. For Popes Decretals of this time, I referre you further to the Laws made or receiud in England.

II.

In the Opinions that haue been since the beginning of these CCCC. yeeres, touching

Tithes; the chiefest to be obserued here, are those which determine, by what immediat Law Tithes are payable. For how euer very many other que∣stions, about the dutie of them, are vsually dis∣puted, yet resolue but this, one way or the other, and most of the rest that follow, about Customes, Appropritations, Exemptions, and such more, will soone haue little doubt. This point hath been controuerted both betwixt Canonists and Di∣uines, and between Diuines and others of their own profession. The Canonists (except very few) with one consent grounding themselues vpon the letter of some of those passages of Prouin∣ciall Councels, of Fathers, and of Popes, before rememberd, generally deliuer, that Prediall and Mixt Tithes are due to bee paid iure Diuino, which is commonly taken for the Diuine Morall Law, and they vsually cite also the Leuiticall Precepts, to iustifie it. Yet doe they allow the right of former Tithes, Canonically setled by Cosecrations, Appropriations, and Exempti∣ons also, for the most part. for to those they re∣quire Pontificiall Confirmations, or a supply of them, by such prescription of time, as may sup∣pose them. For they take this Ecclesiastique re∣uenue to be no otherwise due to the Clergie by common right, but that the Pope (whom they, to the vtmost, maintaine, as they haue reason; for out of the Popes autoritie, first came their generall profession, as it now remains one) may

as a supreme Steward of the Clergies mainte∣nance, dispose of this or that particular part of it. This is their common Opinion, although some, in the Point of Exemptions, haue made scruple. But where none of those speciall Titles precede, there they cleerly agree also, that by common right, all Prediall and Mixt Tithes are due parochially. Neither need u 2.316 the Rector in his Libell vpon his Actio Confessoria (which is the generall name of such Actions as lie for de∣mand of incorporall rights, as with vs, our Quod permittat, Quare impedit, Droit d••auowson, and the like) propose more, then that the increase is within his Parish; and the other Titles (if any be) must be shewd in the Exception, or Answer. But by the way; though the Doctors commonly suppose the Action for Tithes to be Confessoria, and grounded vpon common right, yet that great and ancient Lawier, Bishop Durand, or Speculator, would haue them demanded by the Condictio ex Canone, that is, as we call it, by Acti∣on vpon the Statut. The Canons whereupon he would haue it grounded, are those passages of S. Hierome and S. Augustine in C. 16. q. 1. c. 65. & 66. and hee takes for his autoritie, why this kind of Action should be brought, that of x 2.317 Pau∣lus, out of the Imperials, Si Obligatio lege noua introductasit, nec Cautum eadem lege, quo genere Actionis experiamur, ex lege agendum est. So that as ex Lege in the Imperials, so ex Canone in the

Pontificiall Law, the Action should be brought. He liud long since, and perhaps, in regard of the various practice that had preceded against the common opinion of his profession touching the common right, he thought it most secure for the plaintife, to ground his Libell vpon the Canon, rather then vpon common right. But for Perso∣nall Tithes (which yet they agree not all to be due iure Diuino; although Pope y 2.318 Innocent the fourth make it a wonder to see any man denie it, and diuers of them follow him; the old prece∣dents also of Libels in Speculator being equally for these, as for prediall) they are held payable only to the Church, where the owner, for the most part, receiues the Sacraments and Diuine Seruice; not where the gaine is made. neither in them is any regard had to the parish. Whence it comes, that Iews and z 2.319 Saracens (because they haue no personall vse of the Euangelicall Ministerie) are to pay none by this Law, sauing in case where they hinder the continuall pay∣ment of some former personall Tithe had from Christians. The best Autoritie they bring for personall Tithes, is that in Deut. XII. where Tithes and the offerings of your hands are spo∣ken of. By reason of that most receiued ground amongst them, That the Tenth is due to the Church iure Diuino, their most common opini∣on is also, that euery man is bound to pay the whole Tenth, or the value of the whole Tenth,

of all encrease, notwithstanding any custome or prescription to the contrarie. Indeed, no reason is, that a custome should take away what God had immediately, and, by his Morall Law, esta∣blished. The consequent is good, were the ante∣cedent cleerly proued. But some of them, and such as are of no small name, deliuer their Law to be only, that custome cannot wholly dis∣charge any Land of Tithes, but it may diminish the quota, or bring them to a lesse quantitie, or value; that is, that a custome to pay a Twelfth, Twentieth, or lesse, is good. This some also al∣low only in customes immemoriall, which they suppose to haue the force of a Papall priuiledge or exemption. But their common and receiued opinion is, that in Prediall and Mixt, no pre∣scription or custome to pay any lesse part or va∣lue then the Tenth, or de modo Decimandi, much lesse de non Decimando, can be good. (Which well agrees with the Ciuill Law also. For by a rescript of the Emperor Anastasius a 2.320, no pre∣scription may be of non payment of all or a lesse part of Tributes, Subsidies, or other Rents of the publique Treasurie; that is, of such things as are due to the Emperor in signum vniuersalis Dominij, as Tithes are supposed to God and his Ministris.) Except only, where the certaintie of some equall yeerly payment, without regard to euery annuall encrease, may be adiudged to be equiualent to a Tenth, by reason of the incer∣taintie

of sterilitie or fruitfulnesse. In this b 2.321 case they allow a Custome, although the Tenth of e∣uery particular yeer be not paid; because, Eccle∣sia, they say, potest se habere ad damnum vel Lu∣crum indifferently. But those other common o∣pinions of theirs are so frequently obuious, that to cite Autorities for them, were but to imitate Rablais his Bridoye. Yet wee may specially re∣member, that the Doctors of the Rota (of Rome, I think) according to their profession also aboue C. yeers since, determind, c 2.322 quod quota Denaria est de iure Diuino hodierno die. But some Cano∣nists withall are, and those of no small note, that agree, the determination of the Tenth to be on∣ly de iure Ecclesiastico, and that no more Ius Na∣turale, or Diuinum Morale, is in it, then what commands a competence of meanes to be giuen to the Priesthood. So d 2.323 Couuaruuias; so, some others. But few enough are of this opinion. All that are of it, make no doubt of the right of Cu∣stomes (prouided alwayes, that a sufficient reue∣nue be possessed by the Minister) but allow the payment of them to be diminished or taken a∣way by Custome or Prescription. But they are generally against the possession of Feudall Tithes held by Lay men (which they suppose, but false∣ly, to haue all had beginning from the Church) although Infeodated before the Councell of Lateran. Yet indeed some of them expresse an allowance of them; but that is rather in ming∣ling

common Laws with their Canons, then wri∣ting as Canonists. The common Laws of all Nations (where feudall Tithes are; and I thinke certainly, in all Christian Nations feudall Tithes at this day are found) allow them now, and suffer the Canons to haue no power ouer them. And thence is it (lest they should grossely determine against such possessions as the Church anciently, as well as the Laitie, had by Infeodations setled, and Posteritie still maintaind) that some receiue into their Conclusions an admittance of what their own profession abhorres. Which may not be amisse said also of such of them as maintaine a Custome in the quota, or the like. For that is done rather by striuing to conforme the Canons to the common Laws, or secular Constitutions of the State where they liue (as our Ciuilians, in the practice of the ancient Canon Law, do here also) then by iudging according to the bodie of the Canons, that regularly allow no sufficient exception against parochiall payment of the whole prediall Tenth, but only Papall autoritie, or a Title canonically setled in some other Church. And the better to make these Infeo∣dations stand with their opinions, they haue also a vsuall distinction of Ius percipiendi, and fructus Decimarum. The Ius percipiendi, they say, can∣not be transferd, nor euer was, by the old Infeo∣dations, because euery lay man is incapable of it. but the fructus Decimarum only, as they teach, is

what passed, and is still possessed, in considerati∣on that the possessors should defend the Church from Heretiques and Tyrannie. The summe of what the old Canons haue, both against ancient and new Infeodations, is in the former Chapter noted; and according to them, how that distin∣ction will hold, I see not. But, among them, great opinion is also, that all Feudall Tithes are to be restored to the Church, and that he which holds them, may not lawfully passe them ouer to ano∣ther Lay man; but may only, with assent of the Bishop, giue them to some Church. Nec multum refert quae Ecclesia habeat dummodo extirpentur à Laico, as Panormitan sayes. And to this, they abuse that Canon Prohibemus, of the Councell of Lateran, that was not indeed made against Tithes then infeodated, but only against new Infeodations, as Pope Innocent the fourth there well teaches. For, saith he, Non loquitur de Deci∣mis infeodatis, sed de alijs male detentis. Which iustifies what is in the former CCCC. yeers, a∣gainst the receiued Interpretation, deliuered.

III.

The Diuines, of since the beginning of this time, haue had their seuerall Determinati∣ons and Doctrines vpon this point, and those may be, for method, put chiefly in a Three-fold difference; although rather the second Doctrine (as presently will appeare) were but an issue of the first. and the chiefe question among them comes to this, Whether, by Gods immediat

Morall Law, the Euangelicall Priesthood haue a right to Tithes, as to their Inheritance, in e∣quall degree, as the Lay man hath to his Nine; or if they haue them only as by human Positiue Law, and so giuen them for their spiritual labor? that is, in brief, Whether by originall distribu∣tiue Iustice, or by commutatiue, they are paya∣ble? although, in the Opinion which wee shall here make the third, all Positiue or human Law be, for the most part, neglected; whereof, more presently. But in that (which we here make the first of those three Opinions) it hath been held, that the Tenth considered quoad quotam partem, or, as it is, a determined part, and denoted from that number, is due only by Law Positiue and Ecclesiasticall; but, quoad substantiam suam, or Cleri sustentationem, or in regard to it, as it de∣notes a necessary or competent part of the main∣tenance of the Clergie, that is due by the Di∣uine Morall Law. And to the purpose of this distinction, they interpret the Leuiticall com∣mandments of Tithes; and deliuer that quoad substantiam suam, or as it was generally for the maintenance of the Minsterie in the Iewish Church, it is Morall or Naturall, there being (according to consideration of it so farre) the very Character of it writen in the Tables of mens hearts; that is, that Spirituall Laborers are to be rewarded with temporall bountie, as euery laborer is worthie of his hire. But quoad

quotam partem, it is, they say, a Iudiciall (or Ce∣remoniall, as some will) and that it hath been brought into the Law of the Gospell by Eccle∣siastique Doctrine & Constitutions (both which we haue before related) proceeding from it only per vim eius exemplarem, or by imitation of the Iewish state, ordered by the Almightie; and not in that regard per vim obligatiuam, or any con∣tinuing force of it vnder the Gospell. And that the Church was not bound to this part, but free∣ly might as well haue ordained the payment of a Ninth, or Eleuenth, according to various opor∣tunitie. This is commonly taught by the old Schoolemen, Hales, Aquinas, Henricus de Gan∣dauo, R. de Media Villa, Cardinall Caietan, and diuers others; (but fullest, in my iudgment, by Ioh. e 2.324 Maior) and maintaind by great men, that in our times follow their wayes of disquisiti∣on. The first that expressely made this distincti∣on, was that Alexander Hales, that liued about M.CC.XXX. and thus f 2.325 determind, Praecep∣tum de Decimis est praeceptum Iudiciale, vnde non est dicendum Morale, quia secundum suam determi∣nationem (that is, secundum quotam partem) non est scriptum in corde hominis, nec Ceremoniale, quia non est datum principalitèr in figuram signifi∣cationis, sed Iudiciale quia datum simpliciter in ra∣tionem aequitatis mutuae distributionis, vt sit aequa∣litas dati & accepti inter seminantem spiritualia & dantem temporalia, secundum quod possibile est,

&c. And g 2.326 Aquinas; Determinatio Decimae partis soluendae est autoritate Ecclesiae; and adds, that the ground of it, which he calls radix, is the text h 2.327, If wee sow vnto you spirituall things, is it a great thing, if wee reap your carnall things? The same is by Hen. de Gaudano i 2.328 exprest in these words, Adueniente Lege Euangelicâ & ces∣santibus Ceremonijs, cessauit & solutio Decimae, pro quota illa: sed mansit pro illo quod in illa erat iure Legis Naturae, & ad illud reduxit Lex Euan∣gelica· And deliuers accordingly the right of them to be partim de iure Naturae & Euangelij, that is, quatenus vacantibus Diuino Ministerio communiter ab omnibus debet prouideri; and, par∣tim de iure humano Ecclesiastico, or Positiuo, that is, quoad quotam partem. And to the same pur∣pose, the rest. But whereas some make that lear∣ned Hales the first Autor of this doctrine; doubtlesse they erre. For howeuer Lex Diuina, Deus Praecepit, and the like, frequently denote the right of Tithes in the former CCCC. yeers; yet first consider, what is there admonished tou∣ching the practice of the time, and from thence you may, perhaps, interpret their meanings to be otherwise, then as they are commonly (and especially by the Canonists) taken. Could the Church haue, before his time, held cleerly, that the Tenth was due by the Morall Law, and yet, against their owne consciences, generally, giue way to, and practice also, those Conueyances,

which can haue no power ouer that which the Morall Law, euer binding vniformely, hath or∣dained? And indeed some great Doctors teach, that the Ius Diuinum, denoted in those passages of the bodie of the Canons, was no otherwise vnderstood, then only that we are bound to it by the Law Positiue of the Church, imitating the Diuine Iudicials (which retaine still, as Cardinall Caietan teaches, their vim exemplarem, though not obligatiuam) and is well enough thence sti∣led Ius Diuinum. Cum ergo dicitur (sayes the Cardinall k 2.329) Lege Diuina, aut Deo iubente ad Decimas tenemur; intellige exemplariter. Nei∣ther doth he otherwise interpret other passages of the Fathers, which are to that purpose. Ne∣que aliud, are his words, sancti patres intellexe∣runt. and remember also, that those Fathers af∣firme it not in disputation, but only in exhorta∣tion to the people; which is specially obserua∣ble to any that knows the course of their wri∣ting. With Caietan also (in that the Law for Tithes is not Morall) Bellarmin, Suarez, Mal∣der Bishop of Antuerp, and late professor at Lo∣uain, and others accord, and make it the commu∣nis opinio Theologorum; and some will haue it Ceremoniall, rather then Iudiciall. but wee dis∣pute not thereof. But also an example is brought out of S. Ambrose his vse of l 2.330 Quadragesima di∣uinitus constituta, denoting the Ecclesiastique commandement of Lent, that was but in a kind

of imitation of our Sauiors abstinence. Which shews, that what is from the holy Word exem∣plarily taken, is denoted sometimes with such attributes, as might signifie a Morall Constitu∣tion. And the truth is also, that Ius Diuinum is very often, and was, about the time of the bodie of the Canon Law published, taken for Ius Ec∣clesiasticum, or Ius Ciuile quod ad Ecclesiae admini∣strationem spectat. as you may plainly see in an Epistle of Alexander the third, that liud till M.C.LXXX. where he directs, that a Church ha∣uing been in possession XL. yeeres of Tithes growing in another Parish, should haue them still by that prescription, because in such case, de iure diuino & humano melior est conditio possi∣dentis. Who sees not, that he there vses Ius Di∣uinum for Positiue & human Law of the Church? What hath the prescription of XL. yeeres, or primer possession to do with the direction of Di∣uine Morall Law? Or indeed, if he had meant, that Tithes, quoad quotam, had been due for the Ministers Salarie by the Diuine Morall Law, how could prescription haue had place against it? Part of that Epistle is m 2.331 in the bodie of the Canon Law. But because it is fuller, and indeed more authentique, in a verie n 2.332 ancient Copie of Decretall Epistles (the most of them being of A∣lexander the third) it shall thence be hither faith∣fully transcribed. Alexander Mauricio Episcopo. Ad aures nostras, te significante, peruenit, duas Ec∣clesias

saepius sub examine tuo litigare super Deci∣mis quas vna Ecclesiarum in alterius Parochia XL. annis possedit, ac per hoc o 2.333 petit eius actio∣nem extentam. Altera vero volens eas iure Paro∣chiali euincere, praescriptionem non debere sibi ob∣esse proponit. Ideo quid iuris sit in hoc casu, tua nos duxit fraternitas consulendos. Tuae itaque fra∣ternitati literis praesentibus innotescat, quod iure diuino & humano melior est conditio possidentis, quoniam quadragenalis praescriptio omnem prorsus actionem secludit. And, that Ius diuinum was in that sense taken in these Ages, appeares also by Hales; where, although p 2.334 he before held cleer∣ly, that the commandement of the quota pars was iudiciall, yet he sayes, that Decima sicut Domi∣ni generalis cenfus is payable iure diuino, that is plainly (in his meaning) by the Ecclesiastique Constitution of the Church, imitating the Di∣uine Iudicials. Neither was the phrase other∣wise vsed in that of the Generall Councell of Lateran, held before the time of Hales, in the yeer M.CC.XV. Illae quippe Decimae necessa∣riò sunt soluendae, quae debentur ex lege diuina vel loci consuetudine approbatâ. I know the Cano∣nists miserably wrest themselues about the inter∣pretation of that place. but, when they haue done all in mistaking it, could the Councell think, that loci consuetudine, some were due, yet that all lege diuina; taking it for the Morall Law. for, if any, then all, by the Morall Law. Cleerly then the

English q 2.335 of that was, Those are necessarily to be paid, which are due either by the Positiue Law of the Church (which extends not alwaies vni∣uersally) or Custome of the Place. Some refer that ex consuetudine to personall Tithes, suppo∣sing r 2.336 them due only by Custome or Positiue Law. And that also might be a tolerable inter∣pretation, if at the time of the Councell such a distinction had been receiud twixt personall and prediall. But can it then stand for truth, that Hales was the first that brought this opini∣on of the quota being due by human determi∣nation in the Church, and not by the Diuine Morall Law? Indeed he was the first that accu∣rately disputed the question as a Schooleman, and expressely made the distinction, but cleerly not the first that so held the point. To the for∣mer Testimonies hereof, adde that of Hugo de S. s 2.337 Victore, who liud neere C. yeeres before Hales. He speaking of payment of Tithes be∣fore the Law, vnder the Law, and since, con∣cludes with, Primùm igitur ante legem, paruulós Consilio nutriuit (Deus) posteà sub lege exercitatos praecepto tentauit. Nouissimè sub gratia perfectos in libertate spiritus ambulare permisit. By this first Opinion of the Schoolemen, to which the ancient Fathers are (you see) by some of them squared, no difference is to be made of Prediall, Mixt, and Personall Tithes, how euer some scru∣ples about that difference, haue been needlessely

handled by them. For quoad substantiam Deci∣mae, or Decimam sustentationis, as they call it, or, as the laborer is worthie of his hire, both are e∣qually due. The Morall Law, according to them, designes not out reall possessions to be more sub∣iect here to the naturall part of commutatiue iu∣stice, then personall profit. And therefore also Alexander Hales aptly determines, that Decimae tam personales quam praediales sunt in praecepto, that is, both quoad substantiam, but neither quo∣ad quotam. And, that in Venice, and other such Cities, where no Prediall Tithes are, a Perso∣nall Tenth is due by the Positiue Laws of the Church, as, in them also, a sufficient maintenance is to be had for the Clergie, by the Morall or Naturall Law. In summe, by this opinion, Cu∣stomes of payment of lesse, of nothing, and o∣ther Ciuill Titles, that haue force against Eccle∣siastique Law Positiue, are allowd, so long as the maintenance of the Minister be otherwise com∣petent. Both failing, then is that defect to be supplied (notwithstanding any Ciuill excepti∣on) due by the Diuine, Naturall, or Morall Law; which, inscribd in all hearts, admonishes, that re∣ward is due to euery laborer; much more to him of the Spirituall Haruest. Other questions a∣bout Tithes are disputed in the Schoolmen. but it is not hard to coniecture, how the most are to be determined (according to them) by their re∣solution of this alone; therefore I omit them.

You see how opposit this Opinion is to that re∣ceiud among the Canonists, twixt whom and the Schoolmen t 2.338 was vsually great dissention. It is not to be doubted, but that the Schoolemen lookt much further into all that they medled with, then the Canonists could do. And had the Canonists agreed herein with them, they might, with fewer absurdities, haue maintained diuers of their scrupulous Positions. And some of u 2.339 them were so moued at the Schoolemens Disputations, about Hales his time especially, that they knew not which way at all to determin it. This difference of the Canonists and School∣men is rememberd by I. Maior. Theologos hic (saith x 2.340 he) Canonistae Haereticos vocant, quia di∣cunt Decimas non esse de iure diuino. But which are here the more competent Iudges of the two, he tells you further, in his answers to Peeter of Rauenna, a Canonist of his time. He liued about C. yeers since.

IV.

The second Opinion in Diuinitie, is of those, that (hauing their first ground out of the determination of the Schoolemen) held Tithes to be meere Almes, and not to be paid to the Ministers of the Gospel by any Parochiall right, as a necessarie dutie to the Euangelicall Priest∣hood, but that they might be retained and dis∣posed of at the owners will; especially if the Pastor y 2.341 well performed not his function. Of this, were both, some of religious Orders in

their Preaching, and also others opposit enough to them in Doctrine. The Dominicans and Fran∣ciscans especially (who began both about the yeer M.CC.X. and had in their Monasteries store enough of Schoolmen) made it a gainfull Doctrine to teach Lay men, that they were not bound to pay their Tithes to their Ministers, as to whom, by any Law of God, that portion ne∣cessarily belonged. For when the determinati∣ons had preceded, by which the quota was con∣cluded, not to be due Iure diuino, they of this side neglecting (for the most part) the positiue and human Laws made for them, and regarding only the expresse Law of God, taught them due only as Almes, or as what debito charitatis, not debito iustitiae, was to be dispensed. By this Doctrine the Mendicants especially often got them to themselues (like the old * 2.342 Eustathians) as Almes to be arbitrarily disposed of to such as took a∣ny spirituall labour. as also made their own de∣taining of them in Lands, out of which they were Parochially due, to seem the lesse wrong∣full. but against their detaining of Parochiall Tithes a Canon was made in the Generall z 2.343 Councell of Vienna, held in M.CCC.XL. and their Doctrine was taxed by Pope Innocent the fourth about M.CC.L. writing a 2.344 vpon the Decretals, where he calls them isti noui Magi∣stri, & Praedicatores qui docent, & praedicant contra nouum & vetus Testamentum. and Richard

Archbishop of b 2.345 Armagh, complains against them for possessing the people with an opinion that the command of Tithes was not Morall, but only Ceremoniall, and not to be performed, by constraint of conscience, to the Minister; and that out of whatsoeuer at least was giuen to any of the foure Orders of Mendicants, no Tithe was in conscience to be deduced for the Mini∣sters. with these in substance did others also at the same time agree, that otherwise were oppo∣sit to the whole Nation of Friers. as with vs Iohn Wiclefe, Walter Brute, William Thorp, and some such more whose Arguments for their opinions are at large in Foxes Acts and Moni∣ments of the Church of England, whither I had rather send the Reader then stuff this place with them. Wiclefes c 2.346 Position (for d 2.347 which as for an Heresie some haue been since questiond with vs) is before related, as it was condemned in the Councell of Constance. and Thomas Walden the Prouinciall Gouernour of the Carmelits in England, about the end of the time of Henrie the fourth, wrote against him in it, vindicating the dutie to the Church, but not so much, secun∣dum quotam sed magis secundum substantiam, as his e 2.348 own words are. Hereto may be added one of the articles of the Bohemians, published a∣bout CC. yeers since, wherin a Diuine right to Tithes since the f 2.349 Gospell is denied. wherupon also they long since took all temporalties from

their Ministers, and brought them g 2.350 to stipends. Others haue been possest with this conceit, and among them you may remember Gerardus h 2.351 Sa∣garellus, before Wiclefe, burnt also for an He∣retique. And the great Erasmus gaue the com∣mon exacting of Tithes by the Clergie of his time, no better name then Tyrannie. But that of his, diuers haue sufficiently both reprehended and confuted, and especially Albertus Pius Car∣pensis, in his labour against him. With this may be reckond that of William Russell a Franciscan who vnder Henry the fift had publiquely preacht that the payment of personall Tithes to the Pa∣stor, were not in Gods Commandement; but that it was lawfull for euery Christian to dispose of them arbitrarily to charitable vses. but of him, see more in the next and third Opinion, where the words of his Doctrin are exprest in a letter from the Vniuersitie of Oxford, to the Conuo∣cation of the Clergie.

V.

The third Opinion is of those who agree with the Canonists, that the right, of the quota of Tithes, immediatly is from the Morall or Di∣uine Naturall Law; some impudently vrging with a commandement giuen to Adam; others of them prouidently restrayning all their argu∣ments to such grounds for the Conclusion, as may be had out of Abrahams example, referd to the application of it in the Epistle to the E∣brews; but others also not so circumspectly, ta∣king

in the Leuitical commandements of Tithes for their most sufficient autoritie. For the first kind that talk of Adam; I think indeed that in the time of this light of learning, none haue durst venture their credits vpon such fancies. yet, that it was some opinion that had at least in pretence many autors in the Church of Eng∣land, in the blinder time of our ancestors; I thence collect, for that in a Penitential made for direction of Priests in auricular Confession, and writen (as my Copie is) about Henrie the sixth, the Priests examination and aduise vpon the point of Tithing, is thus expressed. Hast thou truly doo thy Tithings and Offrings to God and to holichirch? thou shalt vndirstande that at the beginning of the worlde, whan ther was but oo man, that is to sey, Adam, God chargyd him that he sholde truly of al maner thyng giue God the X^th. parte, and bad hym that he sholde teche his chil∣dren to doo the same maner, and so forthe al men into the worldis ende. And forasmuch as ther was that tyme no man to receiue it of hem in the name of holichirche, and God wolde not that thei sholde haue but IX parties. Therefor he commandid hem that of euery thyng, the Tithe parte should be brent. I fynd that afterward Adam had two sonnes Caime and Abell, Abell tithed truly and of the best. Caym tythed falsely and of the werst: at last the fals Tyther Cayme slough Abell his brother. for he blamyd hym and seyd that he ty∣thed

euel, wherefore our Lord God accursid Caym and al the erth in his werk. So ye mow se that fals tything was the cause of the first manslaughter that euer was. and it was cause that God cursid the erthe it is literally transcribed as I find it. that writing of Cayme for Cain is ordinarie in the moniments of that age, as you may find in Wick∣leues works, Waldensis his Doctrinal▪ and others of like nature. But see here the effect of per∣uerse opposition on both sides. Some Friers, prouiding only for their own wealth, would haue had them reckond meer Almes, and so haue gotten them from the Secular Priests. and others would haue had them retaind by Lay men. The Secular Priests on the other side would rather instruct the Laitie with ridiculous falshoods (in the termes whereof they would not spare to a∣buse the holiest Name) then not seem to say e∣nough for their own gain. In those times they did so. they saw the Friers dangerous doctrine to their reuenues, and therefore omitted no ar∣gument, no course in opposing it. a notable te∣stimonie whereof is had also in that of Frier i 2.352 William Russell a Franciscan that in the Con∣uocation of 5. Hen. 6. was vehemently accused because he had preached, that Personall tithes were not necessarily payable by Gods Comman∣dement, but that euery man might dispose them at his pleasure in charitable vses. the summe of which was, that euery man might or should ra∣ther

giue them to the begging Friers. a doctrin of no small preiudice to the Secular Priests, if once publiquely receiued. This Russell was by the Conuocation enioyned to recant at Pauls Crosse on a prefixt day, before which he fled the Kingdom; and after publique citations a∣gainst him, was solemnly pronounced an Here∣tique for it. his opinion also being condemned by both the Vniuersities. the letters then sent to the Conuocation, from Oxford, both shew the determination of that Vniuersitie on the point and the particular Tenet also of Russell. therefore we insert them. the direction is to the Clergie of Canterburie-Prouince from the Vni∣uersitas studij Generalis Oxoniae, after which fol∣lows a preface in generall termes against such as forsook the ancient waies and fell into new here∣sies. then they go on with sed quia in multis noui∣tas (so are the words of it, as I haue it faithfully transcribed k 2.353 to me through the courtesie of my most honord friend M^r. Thomas Allen of Glocester Hall; whose name it were not without offence in me, at all to mention without speciall reuerence, aswell to his singular humanitie as to his fulnesse of learning & worth in good Arts) Sed quia in multis nouitas parit pericula, in quibus antiquitas non peccabit, illud esse censemus incon∣cusse tenendum quod ab antiquis patribus constat clarissime praefinitum. Verùm quia nuper nobis in∣notuit cuiusdam nouelli (that is of Russell) insana

doctrina contra Decimas personales (cuius miramur audaciam & dolemus insipientiam) sed eius perti∣naciam & Ecclesiae contemptum sustinere veremur, & ne nostra * 2.354 taciturnitate seu negligentia tacito consensui adscribatur, in ipsa materia scribere cu∣rauimus quod concordes sentimus, & in euidens te∣stimonium nostro ••igillo communire decreuimus, ad veritatis dilucidationem & obsequium Ecclesiae, vt tenemur. then they deliuer their determinati∣on thus. Dicimus & firmiter concipimus quod Decimae personales tam ex praecepto iuris diuini quam sanctorum Patrum traditionibus sub autori∣tate Ecclesiae in concordi iuris iudicio debentur Ec∣clesijs & earum Ministris Curam animarum ha∣bentibus & Sacramenta ministrantibus ex autori∣tate Ecclesiae. Magna nam{que} est sacro Sanctae Ec∣clesiae autoritas extra quam fides plane perpendit nullam posse peruenire salutem fidelibus. Ne illie ergo resideat spiritus pestilens aut opinio corrum∣pens vbi locus quaeritur fidei Orthodoxae, verba per aduersarium praemissae nostrae sententiae praedicata, quae etiam sub Auaritiae subtili suco deprehendimus palliata, reprobamus & tanquam erronea & hae∣retica declaramus. Quorum demens tenor cum re∣probo sensu sic sequitur, Catholica damnatione ful∣minandus. Decimae personales (this was the do∣ctrin of Frier Russell) non cadunt sub praecepto diuino, saltem vt soluantur Parochiali Curato; quare licet vestrûm vnleuique, nisi consuetudo in contrarium fuerit, in pios vsus pauperum eas di∣spensare.

Et iterum. Personales Decimae sub diui∣no non cadunt praecepto neque iure debentur, vbi so∣lutionis non est consuetudo. But they thus damne it. Quiscunque hanc sententiam tenuerit, & perti∣naciter defenderit apud reputationem nostram Hae∣reticus est censendus, & quia à sana doctrina Ec∣clesiae est diuisus, à corpore eiusdem Ecclesiae, velut membrum putridum, est praescindendus. O honora∣bil•• fratres & Domini, O vniuersitates Catholicae, & quicunque fideles scrutamini Scripturas, Ca∣nones inspicite ac eorum naturales concipite ratio∣nes. quam proditorium est tributum negare altissi∣mo? quam inhumanum à laborantibus abstrahere debitum? quam graue schismatis exemplum autori∣tati Ecclesiae publice & pertinaciter resistere? ac e∣tiam iustitiae obuiam contra praecepta Canonum res alienas invadere: nimis cruenta ac sacrilegia est haec auaritia quae antiquissimi iuris Decimale debitum solum Consuetudini adscribit, & in dubium re∣vocat vt laborantium victum iuste exhauriat. quod Ministris Ecclesiae ad eorum honestam sustentatio∣nem firmum persisteret si Decimae possunt ad libitum conferri & ius Decimandae ex Debito non esset? O vtinam aut resipiscant & ad Ecclesiae gremium re∣deant, qui tanto facinori fauere conantur; aut a∣sperrimis censuris, ne simplices inficiant, mordaci∣ter feriantur. Sic vnanimes in vera doctrina Ec∣clesiae permaneamus vt ad eum tendere valeamus, de quo canit Propheta. Quaerite Dominum & con∣firmamini, quaerite faciem eius semper. sic laetetur

cor quaerentium Dominum hic in via, quatenus ip∣sum quaerentibus dignetur esse merces in patria, Amen They were, me thinks, somwhat vehe∣ment and very confident in the point. Neither haue I elswhere seen so great autoritie against Russell. If Russell were therefore an Heretique, doubtlesse he hath had and now hath many fel∣low-Heretiques. for thus, many, nay the most of such as most curiously inquire herein, and diuers Canonists also that are for the morall right of prediall and mixt Tithes, denie that personall are otherwise due regularly then as custom, or Law positiue (which is subiect to custom) di∣rects. But iudge you of it, Reader. I only relate it, and return to their prosecution against Rus∣sell. at length news came that he was at Rome, whither presently the Conuocation sent agents (to whom they allowd for an honorarie salarie, a farthing out of euery pound of Church liuings) that might there question him before the Bishop of Rome. a delegation of the Conisance of the cause was made to a Cardinall, who adiudged him to perpetuall imprisonment vnlesse he re∣canted. the Frier afterward brake prison and ran home again, where at Pauls Crosse (when nothing els could satisfie the secular part of the Clergie) he solemnly abiured his heresie, as they calld it. and to preuent the like in the doctrin of other Minorits, Chicheley the Archbishop en∣ioind them all that in their publique Sermons

they should teach personall Tithes to be due by the Laws of God and the Church. Of later time others haue writen for the diuine right and ge∣nerall dutie of Tithes. you may see Albertus Pius Carpensis against Erasmus, Baronius m 2.355 his digression touching them, others, but especially the diuers Treatises writen to that purpose of late by our Countrie men, which are read in e∣uerie hand. I purposely abstain from particular mention of their names. But neither haue only single autors been lately of that side for prediall and mixt. whole Synods also of this age haue in expres words been for them, through whose au∣toritie & this ancienter before rememberd they might haue fortified their Conclusions with far greater names, then by citing some one or two late single men, as they vsually do. To o∣mit the Councell of Mentz held in the yeer M.D.XLIX. where it is deliuered that De∣cimae debentur iure Diuino (and some other are to that purpose in the Decreta Ecclesiae Gallicanae, collected by Bochell) In n 2.356 an E∣dict of Henrie the second of France in M.D.XLII. relation is of a remonstrance made to him by the Bishop, Dean, Canons, Chapter and Clergie of Paris, wherein they take it cleer, that tithes and first fruits were introduitees & institu∣ees de droit diuin & partant deussent estre payes Loyauement & sans fraude. The like, of the Clergie of the Diocese of Troyes, is mentioned

in an edict of Charles the ninth, in M.D.LXII. in the same words. and in the yeer before by a Generall Synod of all the Clergie of France at Poissy, a complaint was made with that pre∣tence in it. the words of the Edict best shew it, Charles &c. à tous ceux qui ces presentes lettres Verront, salut. De la part de nos chers & bien a∣mies consiellers les Archeuesques & Euesques de nostre Royaume et des deputez des Clergez, qui ont este n'aguerez assembleza Poissy par nostre commandement, nous à este remonstre, que combien que les Diximes & Primices, qui sont leur princi∣pall reuenu, soient introduitees & instituees de droict diuin, & partant deussent es••re payees loy∣aument & sans fraude: ce neantmoins plusieurs A∣gricoles, proprietarees, &c. with these may be rec∣kond, that of the Clergies petition in the b 2.357 par∣liament of 50. Ed. 3. wherein they begin with Licit Decima siluae, presertim caeduae, de iure diui∣no & ecclesiastico Deo et ecclesiae sit soluenda, &c.

VI.

But Although by this Opinion and that of the Canonists, Tithes be generally due by the diuine Law, and so not subiect (if with them you take it for the diuine morall or naturall Law) to Ciuill Exceptions as Customes and Prescriptions, of discharges or of paiment of lesse, or such more, whence also reall compositions haue been condemned c 2.358 quia Decimae cum temporalibus non sunt commutandae, as the words of an old Pope were to the Bishop of Cusa; yet the practised

Common Law (for by that name, as common is distinguished from sacred, are the Ciuill or Mu∣nicipall Laws of all Nations to be stiled) hath neuer giuen way herein to the Canons. but hath allowd customes, and made them subiect to all ciuill titles, Infeodations, discharges, composi∣tions, and the like. Of Compositions no more shall be spoken, seeing they consist rather in in∣diuiduals, then of any generall course. we only remember them here as one kind of discharge, a∣mong other that haue been allowd by common Laws. and where Customes, and Infeodations hold, no man can doubt of the lawfulnesse of Compositions. But of Customes; in the Edicts made by those Kings of France vpon those re∣monstrances it appears, that, what euer the Cler∣gie supposed by their Dixmes introduitees and instituees de droict diuin: they complain of abuse only in due paiment of Tithes out of lands suiets & redeuables aux dits dixmes &c. that is, sub∣iect and liable to the paiment of Tithes. neither in other words do the Edicts and their verifica∣tions giue them remedie. And notwithstanding that it were once (according to sundrie Canons of that Church) thus commanded by an old Law of the yeer d 2.359 M.CC.XXXVIII. made by S. Lewes, Decimae quibus fuit longo tempore ecclesia per malitiam inhabitantium defraudata, Statuimus & ordinamus quod restituantur citius, & amplius laici decimas non detineant sed eas ha∣bere

clericis permittant; yet, in that state, against the whole course of the Cannon Law in this kind, they haue, what by reason of ancient Infeo∣dations still continuing, what through customs, allowed diuers lands to be not at all subiect to any Tithes payable to the Church. For their Infeodations (although none can be there new created) such as were made before that Canon prohibemus of the Councell of Lateran, held vn∣der Alexander the third, are to e 2.360 this day remai∣ning, and are conueied and discend as other lay inheritances; excepting only such, as being dis∣charged of feudall seruice, haue been giuen in to the Church. For, their Lawiers with the common opinion (but erroneously) suppose that all such Infeodations came from the Church; and therefore they agree if any feudall Tithes be conueied into the Church f 2.361 freely by themselues (not as annexed to other fiefs, as castles, or man∣nors, nor subiect to tenures reserued) that then they are in the Church, as it were iure pos••liminij, or as we say, by way of remitter; that is, they are so annext, that they may not be transferd againe into Lay-hands, more then any other Tithes which are the ancient reuenue of the Church. whence it hath been adiudged also in the Parlia∣ment of Paris in the case of the Bishop of Ba∣ieux, that Tithes so conueied are not g 2.362 subiect to the custome of droict de Retraict lignagier, that is, the right of the heire apparants redeeming an

inheritance sold by his ancestor within a yeer and a day, or some such certaine time. But this point of remitter, they ground not so much vp∣on the nature of the Tithe, as vpon an old Law of S. Lewes, wherein libertie is giuen that all persons Decimas percipientes in nostra terra, & in feudis mouentibus mediate vel immediate de nobis quas clerici perciperent, si eas laici non perciperent, possint eas relinquere, dare & alias quocun{que} iusto titulo, & licito modo ecclesijs concedere tenendas imperpetuum, nostro vel nostrorum successorum as∣sensu minimè requisito, &c. whereas (by the way) som of their lawiers h 2.363 say, that feudal Tithes there purchased by Clergie men, are at this day subiect to the doict de nouueaux acquests i. a kind of fines for alienation, which I could not yet learne how it well stands with this of S. Lewes. But they commonly interpret it as an ordinance to this end, that when the Church (the Parish i 2.364 Church only to which they are supposed to haue been due) had gotten them free by sale or gift or otherwise, they should be perpetually annext to it. and were it not for this ordinance, which in∣terpretation hath thus applied, their Lawiers ought to haue enquired more carefully about the originall of euery Infeodation. for, where it began from a Lay-man, there, what cause is of re∣mitter? And these kind of feudall Tithes also of their own nature are meer Lay possessions and determinable in that kingdome, only before the

secular Iudge, as it appears, not only in an old Ordinance of Philip le Beau, touching the iu∣risdiction of Tithes, and in the Protocolle or Re∣gister of the Chancerie of France, but also in a late Arrest of the Parliament of Paris, where a Curat sued before an Officiall for his Canonica portio (which hath been there somtime y 2.365 adiud∣ged the fourth part. but is arbitrarily determi∣ned) against some other Churchman that enioi∣ed the Tithes of the Parish, who pleaded to the iurisdiction, that the Tithes were feudall, and desired that he would not hold plea of what so much belonged to the Kings Court; but the Of∣ficiall first gaue sentence that the Defendant should bring in his proofs of the Tithes being feudall; which failing, he proceeded to the point of the Action. thereupon by appel comme d'abus it came into the Parliament of Paris, which after solemne Argument gaue z 2.366 iudge∣ment that the Officiall had vsurped ouer the Royall Iurisdiction, in that he had at all pro∣ceeded after the simple allegation of Infeo∣dation, which alone binds the hands of the Ecclesiasticall Iudge that hath no more power to enquire of the infeodation or of Tithes as feudall, then of any other Lay inheritance. and in the same case, reference is made to some other iudgments of like nature: and the reason giuen in the Arrest is mainly, because Tithes of their own nature and originally are not otherwise spi∣rituall,

or belonging to a spirituall Court, then only as they were annext to a Church or some o∣ther hallowed place. La raison est, are the words, que suyuant le doctrine de S· Thomas, nous Tenons qu'en la loy de grace, les Dixmes sont deues non de droict diuin, mais positif; & l'esglise en naissant n'a este faict Dame de ce droict, ains par le don & concession des Rois, Princes, & autres a qui de droict il appertenoit. whence, if they were annext to any Church, they were of Ecclesiasticall iu∣risdiction that was giuen anciently for them; but being as feudall inheritance, although they once were in the Church, yet a new Character of be∣ing meer Lay is restored to them. Those a 2.367 In∣feodations of Tithes are there very frequent, and in very many Parishes the Tithes are ta∣ken only by Lay men. But for them, so much. Customes in payment and non payment of the Tenth, haue euer held in that Church, which might alone be proued out of some passages in Gerson, and in b 2.368 Iohannes Maior, who tells vs that plurimi in Italia & Francia de multis rebus quotam non dant. But it may more fully be mani∣fested by Edicts of late time. in one of Charles the ninth, and another of Henrie the third; Dixmes se leueront selon la Coustume des lieux & la cotte accustumee in iceux. Et ou la dit Coustume serra obscure & incertaine, serra suiuie celle des lieux circumuoisins. The French Customes (ac∣cording to diuers vsages of their Prouinces) are

frequent for paying a lesse part then the Tenth, and cleerly allowed c 2.369 by diuers Iudgments. Nei∣ther is the Canon Law, which allows not Cu∣stoms, suffered to be there practiced. And for cu∣stomes of paying none or de non decimando; in some cases they hold there also; and that by force of that Lex famigerata (as Du d 2.370 Molin calls it) their Philippine which is an Ordinance made by Philip le Beau in M.CCC.III. (but it is falsly and diuersly referd to other of their Philips) commanding that no new exaction should be made of Tithes not accustomed to be paid. Se∣nescallus (it saies) ad requisitionem consulum loco∣rum quoruncunque, defendat ipsos consules & v∣niuersitates & singulos à noua impositione seruitutis facienda per Praelatos & alias personas Ecclesia∣sticas, & a noua exactione decimarum & primitia∣rum & prestationis passatae, prout de iure fuerit & hactenus est consuetum fieri. By this autoritie, whereas in the Parish e 2.371 of Branthel, in the Dio∣cesse of Meaux, the Prior and Couent de Nostre Dame de Vaurart purchased certain Land that had formerly paid Tithe Corne to the Rector, and made fish Ponds in it, the Rector afterward was bard in his Action for Tithe of the fish; and one reason was vpon this Philippine, because no such Tithe had beene vsed to be paid. so in Au∣uergne, in Berry, and other Prouinces, some customes of f 2.372 non payment hold good. And oft∣time the King there sends commands grounded

vpon this Philippine, that new Tithes not vsual∣ly paid should not be exacted by the Clergie. Li∣terae (saith g 2.373 my Autor) dietim conceduntur in Cancellaria Regia super nouis decimis, ne a Laicis exigantur per eorum Praelatos, quae fundantur in ordinatione Philippi Pulchri Francorum Regis fa∣cta die Veneris ante Cineres, anno M.CCC.IV. Cap. XXIX. huius tenoris, Item quod Senescal∣lus &c. And expresly the customs of h 2.374 Berry. Item par la Custome, disme est doibt paier seule∣ment des choses d'ont est accoustume payer Disme, &c. where Boerius saies, he hath seen it accor∣dingly for other places often adiudged at Paris. and in an Edict of 10. Hen. 4. of France touch∣ing the payment of Tithes by those of the refor∣med Religion, the payment is commanded only, i 2.375 selon l'vsage & coustume des lieux. and accor∣dingly diuers Arrests of Parliament also haue been. And although somtimes Customes haue beene there disallowd, especially de non deci∣mando; yet that hath proceeded chiefly from the vsurpation of the Canons, where the secular Law was wrongfully neglected; as you may see in the example of that of the Ecclesiastical court at k 2.376 Rhosne, wherein the Laitie were compel∣led adreddendas Decimas de faeno & aliquibus a∣lijs de quibus apud eos inconsuetum erat reddere decimas, as Maiors words are, who concludes, that had the Iudge been other then a Canonist, he would not so haue adiudged it.

VII.

In Spaine also some infeodated Tithes from ancient time are in Lay hands, which the t 2.377 Clergie about M.CCC.LXXX. would haue had into their reuenue, vnder Iohn the first of Castile and Lions; but could not. and in an Or∣dinance of the same Iohn, against all such as should vsurp the u 2.378 right of Tithes, a prouiso is that it should not extend to such Tithes or Church Reuenue, as the Crowne or any subiect had from ancient time enioied.. And a third part of Tithes due to the King, is menciond in their x 2.379 Laws, as graunted to him from the Pope, of which, at his pleasure new Infeodati∣ons are made. And Petrus y 2.380 de Lorca remem∣bers, that the Pope Regibus Hispaniae cōcessit ter∣tiam partem Decimarum & alijs secularibus abs{que} consensu singularum Ecclesiarum. among these you may reckon those Tithes in the Crowne, which by graunt from the Pope, King Ferdi∣nand and Queene Isabel had in the Kingdome of Granado, in consideration of their endow∣ment of Churches there. and of them and their iurisdiction, whereto they are subiect, thus z 2.381 Co∣uaruuias an excellent Lawier of Spaine. Semel, saies he, ex literis regijs vidi Decimarum causam tractari inter Ecclesiasticos apud Granatense Prae∣torium, ex eo quod Reges Catholici Ferdinandus & Elisabeth Decimas huius Regni Granatensis obtinuerint à Pontifice Maximo cum onere dotan∣di Ecclesias. that is, the Iudges held plea of them

by Commission from the King, not by spirituall power, which otherwise regularly hath conisans of Tithes; although another great Lawier a 2.382 of that Countrie denie that the Conisance of such Tithes lawfully belongs to any other iurisdicti∣on then spirituall. Neither hath the Canon Law been so powerfull there, as to make Tithes payable against Customes, for paiment either of a lesse part, or none. And howeuer in an Ordi∣nance of the yeer M.CC.XCIV. Alfonso b 2.383 the ninth, published his mandamos y establescemos por siempre, que todos los hombres del nuestro reg∣no den sus diezmos derechamente y cumplidamen∣te a nuestro Sennor Dios de Pan y de Vino y gana∣dos y de todas las otras cosas que deuen dar de re∣chamente segun manda sancta yglesia, wherein he seems to establish, that whole Tithes without a∣ny Diminution should be alwaies paid to the Church, of Corne, Wine and Cattell and all other things (which Ordinance also is exempli∣fied and confirmed by Iohn the second of Castile, and Ferdinand and Isabel; and accordingly, Al∣phonso Diaz de Montaluo his glosse on it, makes it to be consonant wholly to the Canon Law) and the whole course of their ancient bodie of the Law, in their Partidas be agreeable with it. yet the practice in that state hath been and is, that if suit be commenced in the spiritual Court for new Tithes, formerly not accustomed to be wholly or not all paid, and such custome or pre∣scription

be pleaded, and the Officiall or Ordi∣narie allow it not, vpon complaint to the Kings Court, the defendant shall (as in case of Prohibi∣tions in England) haue his remedie. This is de∣clared by c 2.384 their Couarruuias. Erit, saith he, obseruandum, causam Decimarum quandoque in his regnis (that is, France and Spain) tractari a∣pud regios Auditores; nempè cum Laici conten∣dunt Decimas ab eis exigi, quae legitima Temporis praescriptione (which is vsually thought should be immemoriall, and so is their d 2.385 practice; although the most common time in other things be XL. yeers) minime debentur, & sunt remissae; denique conqueruntur contra morem & consuetudinem Decimas ab eis exigi. nam etsi condemnentur à iu∣dice Ecclesiastico nihilominus, ex quaerela, causa, retinetur apud Regia Praetoria. Siquidem & li∣terae Regiae passim dantur à supremo Senatu ad id vt Laici non cogantur Decimas illas soluere quae solui legitimâ temporis praescriptione non consue∣uerunt. And with him agrees Alfonso de Azeue∣do, that writes vpon their Ordennanças Reales. But these kind of their prohibitions are groun∣ded vpon their Ordinances, forbidding Decimas a Laicis exigi, quae per consuetudinem contrariam non consueuerunt solui, as Couarruuias sayes; and to that purpose was an Edict e 2.386 of their Charles the first (Emperor de fift) at Toledo in M.D.XXV. and another like of his at Madrid about three yeers after, and before foure yeers

were thence past, at Segouia, and another at Vil∣ladolid. And vpon these oftentimes (sayes Al∣fonso de Azeuedo) Writs of Prohibition go out to the Ecclesiasticall Iudges, that proceed super nouitate, to forbid that similes non permittant no∣uitates, & processum causae Regio ipsi senatui ori∣ginaliter mittant. Which agrees with the verie words of the Ordinances f 2.387, that speak of Noue∣dades in exaction of Tithes against custome. And one speciall vse is there, that the Kings giue their g 2.388 Personall Tithes to their own Chaplains attending on them.

VIII.

Neither hath the Canon Law wrought otherwise in Italie, but that there also particular Customes, as well of Non Decimando, as in the Modus, are frequent. Multis Italiae locis (sayes Caietan h 2.389) contingit ex consuetudine, that no∣thing at all is paid. And so is the practice there, for the most i 2.390 part, at this day. the Parish Priests beeing sufficiently maintained by Manse and Glebe, and the reuenues that are in some places paid, as according to a Modus. And of the Ita∣lians and others, where like Customes were, A∣quinas thus; k 2.391 Haud laudabiliter ministri Eccle∣siae Decimas Ecclesiae requirunt, vbi sine scandalo requiri non possint propter desuetudinem vel prop∣ter aliquam aliam causam. In Venice, sayes l 2.392 Pa∣normitan, non in vita sed in morte soluuntur De∣cimae personales de omnibus mercantijs iocalibus & alijs mobilibus. And in the whole Seigniorie

of Venice, as my Autor m 2.393 deliuers, no Parish Church hath through that name Decimas seu ius Decimandi, but only another Stipend or Quarte∣sium (as they call it) de possessionibus seu terris con∣sistentibus intra confines eorum curae. Neither haue Infeodations of Tithes into Lay hands been lesse known in Italie, then elswhere. For example, you may see the n 2.394 case of the Mutij, a Noble Familie of Piacenza, who had by immemoriall prescrip∣tion and confirmation by Bulls, an ancient In∣feudation of all Tithes growing in the Territorie of Verano, within the Diocese of Piacenza.

By the o 2.395 Ordinance of Frederique the se∣cond, about M.CC.XX. in the Kingdomes of Naples and Sicily, a command is, That of all profits belonging to the Crowne of those King∣domes, a whole Tenth should be paid, and that euery subiect should truly pay all such Tenths as had been vsed to be paid in the time of William King of Sicilie. Subiectis (are the words) nostris indicimus, vt Decimas quas de feudis & bonis suis antecessores eorum praedicti Regis Guilielmi tem∣pore prestiterunt, venerabilibus locis, quibus Deci∣mae ipsae debentur, cum integritate per soluant.

In Germanie, the Canonists note a Custome, that p 2.396 pro Decimis soluunt certas mensuras siue Coloni aliquid recolligant, siue non. And this by their Law they allow, because it stands indiffe∣rent, whether the Church lose by it, or no. but also, some Lay men take Tithes of new improue∣ments

by right of their Lordships. Status Im∣perij saeculares (sayes a q 2.397 Iudge of the Imperiall Chamber) Decimas Noualium percipere iure Ter∣ritorij possunt. Which the Clergie complaind a∣gainst, in a Diet at Norimberg, but in vaine. And of r 2.398 those Tithes, Infeodations are there made, at the pleasure of the owners, into Lay hands. Which was so in practice there also anciently, as is witnessed by an old s 2.399 Canonist, that liud a∣boue CCC.LX. yeers since; where disputing the question, Vtrum Laicus possit sine peccato De∣cimas percipere, and bringing the ordinarie Au∣torities for the negatiue part, he tels vs, both for Germanie and other Countries, in these words, In contrarium potest induci generalis consuetudo in Hispania & Francia & Burgundia & Ale∣mania in plerisque locis. And in the Countie of Flanders an Edict was t 2.400 made by Charles the fift, dated at Malines in M.CCCCC.XX. which commanded, that no Clergie or Lay man pretending right to Tithes, should exact or sue for other Nouuelles Dismes aultres qu'ilz & leur predecesseurs ont accustume prendre & auoir passe quarante ans & audessus. but that they should rest content with what was due only, ac∣cording to the former vse of payment, sauing in case of new improuements, and such like, as it was explaned by another Edict some ten yeers after. both together are the same almost as our Statute of 2. Ed. 6. And in the Generall Coun∣cell

of Lateran of M.CC.XV. a relation is of some Nations, who although Christians, yet se∣cundum suos ritus Decimas de more non soluunt; and, that other men leased their Land to them, because in regard of no Tithe being paid by them, the greater rent might be reserued; against which, remedie is there prouided. The words are, In aliquibus regionibus quaedam permixtae sunt gentes quae secundum suos ritus Decimas de more non soluunt, quamuis censeantur nomine Christia∣no, &c. Whereupon Innocent the fourth, that might well know the meaning of the Councell, liuing so neer it, notes that the Christians, who by their own customs did not pay, were Greeks, Armenians, and the like. and * 2.401 Antoninus expres∣ly remembers the generall non payment of them in the Eastern Church as a thing not to be censu∣red to be against Gods Law. Neiher indeed haue I met with any Canon Law of all that Church that euer commanded any thing touch∣ing Tithes.

Among the Laws of Hungarie, we find, Deci∣mas a 2.402 non soluunt Nobiles de proprijs terris, and Decimas non soluunt Rasciani, Rutheni, Valachi, and Decimas non soluunt Iudices propter laborem eorum circa decimandum. although for other per∣sons generally they haue strict Laws for pay∣ment of them.

In the Statutes of Poland, it appears that b 2.403 a∣bout M.CCC.LXX. vnder K. Cazimir the

second, the Clergie (especially for the Diocese of Cracow) made diuers Laws (with his con∣sent) vpon great differences about the paying of Tithes. One in speciall is, that Tithe must be paid of all that increases through the labour of the Plough, exceptis Rapis, papauere, caulibus, cepis, allio, & quae his sunt similia in hortis. and Si quis ligonisando plantauerit, Decima ab eo nul∣latenùs exigatur. Some other particulars they haue about paying Tithe of Hemp and Flax (which happens somtime to be more, somtime lesse then a Tenth; because the certaintie is only from the number of beasts vsd to the plough) and of other things. whence it appears that the vse of Tithing there is not consonant to the Canon Law. And Theodor Zawake deliuers it for a Law of this Countrie, that Decimae ex ter∣ris vastatis accipi non debent, which I think is to be referd to a thirtie yeers libertie of non pay∣ment giuen especially by Bodantza Bishop of Cracow, to such as were Tenants of Lands late∣ly wasted by the Lituanians and Tartars which is declared in the Law, remaining at large in the Collections of Herbort and Prilusius. whi∣ther for more particulars I refer you.

In the Laws of Suethland and Gothland, the Text c 2.404 is, Decimae separentur & reponantur in agro, quarum tertiam partem suscipiat presbyter, & de reliquis duabus partibus capiat Ecclesia ter∣tiam partem. which I vnderstand so, that the Par∣son

is to haue all sauing a third part out of the two parts, which were to be imploied on main∣tenance of the Church.

In Scotland by a Law d 2.405 of Dauid the second about M.CCC.XL. it was constituted that no man should hinder the Clergie in disposing Tithes: Sic quod suis Decimis possint pacificè & cum integritate gaudere, sub paena Excommunica∣tionis, quoad Clerum. & Decem librarum penes Regem And Tithes there, haue been (and in many e 2.406 places are paid) Parochially, yet also granted, altered, and disposed of by f 2.407 positiue Law as in other Countries. in the late plantati∣on of new Churches ordaind by the last Parlia∣ment g 2.408 there, manse and glebe and vitaile are as∣signed for maintenance to the Rectors, but not Tithes. And after the Statut of Annexation in the eleuenth Parliament of our present Soue∣raign, whereby Church reuenues (sauing Paro∣chiall Tithes, Manse and small glebe, and some other speciall possession) were resumed to the Crown, an Act was made in the Parliament h 2.409fol∣lowing against a kind of infeodations (which they call erections of temporalties and teindes of Kirkland into temporall Lordships, sauing such as had been before erected. And for the particu∣lar course of setting out payment of Tithes some speciall Lawes of late time they haue in Scotland, and in the other States before spoken of▪ but they belong not so much hither, being

not of the essentiall part of the practice of pay∣ment nor of the receiued right of Tithes. there∣fore I wholly omit them. One example of an Appropriation in Scotland may be here not vn∣timely added, which falls about the yeer M.CC.XC. and shews a kind of arbitrarie disposition (euen at that time) of Parochiall Tithes of lands lying there, in a conueyance of a lay mans made to the Monasterie of Giseburn in Yorkeshire. The Grantor was that Robert de Bruis, afterward King, & one of the Ancestors of our Soueraign. The Originall thus speaks. i 2.410 Omnibus ad quos presens scriptum peruenerit Robertus filius Ro∣berti de Brus Dominus Vallis Anandiae salutem in Domino sempiternam Nouerit vniuersitas vestra me concessisse & praesenti scripto confirmâsse Deo & Ecclesiae Sanctae Mariae de Giseburn & Ca∣nonicis ibidem Deo seruientibus & seruituris, Ec∣clesiam de Anand cum terris, Decimis, & possessio∣nibus ad eam pertinentibus & Ecclesiam de Log∣maban cum terris Decimis & possessionibus ad eam pertinentibus, & Ecclesiam de Kirkpatric cum Capella de Logan & omnibus suis pertinentijs & Ecclesiam de Rainpatric & Ecclesiam de Cum∣bartres & Ecclesiam de Gre••enhowe cum omni∣bus pertinentijs earum; Tenendum & Habendum Deo & praefatis Canonicis & eorum successoribus liberè quietè & honorifice, Ita quod liceat eis per∣petuis temporibus de Decimis praedictarum Villa∣rum, libere disponere & ordinare pro voluntate

sua, & cuicunque voluerint eas ad firmam dimit∣tere dare vel vendere, & alio quocunque modo vo∣luerint & vbicunque voluerint commodum suum facere sine Impedimento mei & haeredum meorum & hominum nostrorum, &c. The seale, in green wax, annext to it, hath impression of a Knight armd and mounted, as for present onset in the wars, & is circumscribed with Esto Ferox vt Leo.

How the Laws of Ireland stand for Tithes, is best seen in the Statuts of that Countrie of 28. Hen. 8. cap 17. of dissolutions, and 33. Hen. 8. cap. 12. of payment according to ancient custom and recouerie of Tithes, after the dissolution, gi∣uen into lay hands, in like manner as in Eng∣land. And here may be no vnfit place to remem∣ber that ancient Law ordained by k 2.411 Henrie the third, within the Archbishoprique of Dublin, whereby it was commanded that euery man non expectato mandato Regis vel assensu, de gurgiti∣bu•• & Piscarijs, Ecclesijs in quarum Parochijs sunt praedicti gurgites vel piscariae, Decimas sol∣uant. quia R. non vult in periculum animae suae, huiusmodi Decimas detineant. We purposely o∣mit particular mention of such of the reformed Churches, as in this last age haue brought their Ministerie to stipends, and alterd almost all the former practice of Ecclesiastique policie. For the practice of payment, and other disposition of Tithes, and for the Laws, and Opinions, touch∣ing the right of them, thus much. But whateuer

this Kingdom of England might haue specially afforded, for Laws and practice of Tithing, shall by it selfe, in its own singular order, be next deliuered.

CAP. VIII. The Laws of England made in the Saxon mycel synodes or ƿitenagemotes, in Parliaments, and in the Councells here held either Nationall or Prouinciall, or by the Pope, for the due pay∣ment or discharge of Tithes in this Kingdom. Petitions or Bills in Parliament touching them, are inserted. all in their course of time.

MOst of the English Laws, Constitutions, and Bills in Parliament, that are reserud to this place and here collected, were o∣riginally writen in Saxon, Latin, or French. and the Saxon, for the most part, were anciently (but it seems since the Norman conquest) turnd into a barbarous latin that yet better shews their meaning then a purer. Such as are found in La∣tin only I haue faithfully deliuered according to the Copies that gaue them. Neither durst I su∣spect that any Reader fit for the matter should need an Interpreter. no otherwise haue I done in what is of the old French; it can hardly be a∣ny thing but inexcusable sloth, that can trouble any Reader (that is fit also for the matter) in the

vnderstanding it. But in regard the old Saxon is known at all to few, and that hardly any bet∣ter interpretation of the Laws writen in that language can be then the old barbarous Latin, I haue ioined alwaies (where it might be) both the Saxon and the Translation. To haue left out the originall, had preuented some freedom of the Readers iudgement, and tied it to the tran∣slators. to haue added no translation, had been as a purpose to haue troubled euen the fittest Readers with a strange tongue; which also to haue otherwise interpreted, had been but to en∣uie them the help of those Ancients (that had better means to▪ know the interpretation of those Laws) and so make them looke only as through spectacles of mine new made. I was wil∣ling to giue all (as the course of the collection would permit) that herein might help to make a ground of free iudgement. yet also where I see cause of note I adde it, but refer all to able cen∣sure. The Laws and Constitutions thus succeed.

I.

An ancient r 2.412 collection of diuers Canons writen about the time of Henrie the first, with this inscription of equall age;

Incipiunt ex∣cerptiones Domini E••gberri Archiepiscopi Eburace Ciuitatis, de iure Sacerdotali, hath these words, Vt vnusquis{que} Sacerdos cunctos sibi pertinentes erudiat vt sciant qualitèr De∣cimas totius facultatis Ecclesijs diuinis debitè offerant.

and immediatly follows,

Vt ipsi Sacer∣dotes

à populis suscipiant Decimas; & nomi∣na eorum, quicunque dederint, scripta habe∣ant, & secundum autoritatem Canonicam co∣ram testibus diuidant, & ad ornamentum Ec∣clesiae l 2.413 primam eligant partem, scundam au∣tem ad vsum pauperum atque peregrinorum per eorum manus misericorditèr cum omni humilitate dispensent; tertiam verò sibimet ipsis Sacerdotes reseruent.

If the credit of this be valued by the inscription, then is it about DCCC.L. yeers old. For, that Ecbert liud Archbishop of York from the yeer DCCXLIII. to DCC.LXVII. But the autorite of that Title must vndergo censure. Who euer made it, sup∣posed, that Ecbert gathered that Law and the rest ioind with it out of some former Church Constitutions, neither doth the name excerptio∣nes denote otherwise. But in that collection som whole Constitutions occur in the same syllbles as they are in the Capitularies of Charles the Great, as that of vnicuique Ecclesiae m 2.414 vnus mans∣que integer, &c. and some others which could not be known to Ecbert that died in the last yeer of Pipin father to Charles. how came be then by that? and how may we beleeu that Ecbert was the autor of any part of those Excerptions? vnlesse you excuse it with that vse of the midle times which often inserted into one body and vnder one name Laws of different ages. but ad∣mit that. yet what is secundum Canonicam auto∣ritatem

coram testibus diuidant? The ancientest Canonica autoritas, for diuiding Tithes before witnesses, is an old Imperiall, attributed in some Editions o 2.415 to the XI. yeere of the reigne of Charles the great, being King of France, in o∣thers p 2.416, to the Emperor Lothar the first. But referre it to either of them, and it will be diuers yeers later then Ecbert's death. And other mixt passages there plainly shew, that whose soeuer the Collection was, much of it was taken out of the Imperiall Capitularies, none of which were made in Ecbert's time. Perhaps, the greatnesse of his name was the cause why some later Com∣piler of those Excerptions might so inscribe it, to gain it autoritie. for he was both brother to Ed∣bert King of Northumberland, and the first also that, after Paulinus, restored the name of Arch∣bishoprique, and the Pall, to Yorke. And the heads of a Synod held in Ecbert's time, vnder King Ethelbald, and Cuthbert Archbishop of Canterburie, are yet extant; but not any expresse mention is found in them of Tithes, although most of the particulars of Church-gouernment are toucht there.

II.

The Autors of the Centuries q 2.417 haue a Synod held in the yeer D.CC.LXXXVI. vn∣der two Legats sent from Pope Hadrian the first with letters, for reformation and establishing of Church Laws, to Offa King of Mercland, and Aelfwold King of Northumberland, and to the

two Archbishops. the particulars of the Synod are related in an Epistle to the Pope from those Legats (which were the first that had so come from Rome hither after Augustine) wherein it is related, that Gregorie Bishop of Ostia, one of the Legats, went into Northumberland, and Theo∣philact Bishop of Todi, the other, to Offa, who with Kenulph King of West-Saxonie, called a Councell for the Southern patt, as Aelfwold for the Northern. Gregorie sayes, That in the Nor∣thern parts ad diem Concilij conuenerunt omnes Principes Regionis tam Ecclesiastici quam secula∣res; and after many Institutions of Canon Laws there, the XVII. Chapter is,

de Decimis dan∣dis sicut in Lege scriptum est: Decimam par∣tem ex omnibus frugibus tuis seu primitijs deferas in Domum Domini Dei tui Rursum per Prophetam: Adferte, inquit, omnem De∣cimam in horreum meum vt sit cibus in domo mea, & probate me super hoc, si non aperuero vobis cataractas coeli & effudero benedictio∣nem vsque ad abundantiam, & increpabo pro vobis deuorantem qui comedit & corrumpit fructum terrae vestrae, & non erit vltra vinea sterilis in agro dicit Dominus. sicut sapiens ait: Nemo iustam Eleemosynam de his quae possidet facere valet, nisi prius separauerit Domino quod à primordio ipse sibi reddere delegauit. Ac per hoc plerumque contigit vt qui Decimam non tribuit ad Decimam reuer∣titur.

Vnde etiam cum obtestatione praecipi∣mus, vt omnes studeant de omnibus quae pos∣sident Decimas dare; quia speciale Domini Dei est; & de nouem partibus sibi viuat & E∣leemosynas tribuat. Et magis eas in abscon∣dito facere suasimus quia scriptum est; cum facis Eleemosynam, noli tuba canere ante te.

The autoritie of this Canon, may be known out of what is there further added.

Haec De∣creta, beatissime Papa Hadriane, in Conci∣lio publico coram Rege Aeelfwaldo & Archi∣episcopo Eanbaldo & omnibus Episcopis & Abbatibus Regionis seu Senatoribus Duci∣bus & populo terrae proposuimus; & illi vt superiùs fati sumus cum omni deuotione men∣tis iuxta possibilitatem virium suarm, adiu∣uante supernâ clementia, se in omnibus custo∣dire denouerunt, & signo Sanctae Crucis in vice vestra, in manu nostra confirmauerunt, & posteà stylo diligenti in Charta huius pa∣ginae exarauerunt signum Sanctae Crucis infi∣gentes. Then follow some subscriptions of Bi∣shops, Et His quoque saluberrimis admoniti∣onibus, Presbyteri, Diaconi Ecclesiarum, & Abbates Monasteriorum, Iudices, Optimates, & Nobiles vno opere, vno ore consensimus & subscripsimus.

After this so concluded in the Northern state, the same Legat, together with Mal∣uin and Pyttell, Embassadors from Aelfwold, take with them all those Decrees and Canons, and goe

to the Councell held vnder Offa for the Western parts,

Vbi (as the words are) gloriosus Rex Offa cum Senatoribus terrae vna cum Archi∣episcopo Iaenberchto (some call him Lambert) Sanctae Ecclesiae Dorouernensis (that is, of Canterburie) & caeteris Episcopis Regionum conuenerat, & in conspectu Concilij clarâ vo∣ce singula capita perlecta sunt, & tam Latinè quam Teutonicè

(that is, in English-Saxon, which then was the selfe-same with Dutch or Teu∣tonique)

quo omnes intelligere possent, dilu∣cidè reserata sint: qui omnes consona voce & alacri animo gratias referentes Apostolatus vestri admonitionibus (the Legats so write to the Pope) promiserunt se diuino adminicu∣lante fauore iuxta qualitatem viriū promitissi∣mâ volūtate in omnibus haec statuta custodire.

And Offa and his Bishops, Abbots, and some Princes subscribe with the Crosse to it. What Copie of this Synod the Centuriators had, or whence they tooke it, I find not. But if it be of good autoritie, it is a most obseruable Law to this purpose. being made with such solemnitie by both Powers of both States, of Mercland and Northumberland, which tooke vp a verie great part of England; and it is likely, that it was made generall to all England. In the relation of the Legats to the Pope, mention is of Kenulph King of West-Saxonie, his ioyning with Offa in

calling the Councell. but the confirmations of the Decrees haue no reference to him▪ But, by the way, if you examine it by storie and Synchro∣nisme, Kenulph perhaps could not haue at all to do with it. For some of our old Monks expresse∣ly affirme, That in the second yeer r 2.418 of Brithric, next successor after Kenulphs death, Pope Adri∣an sent his Legats in Britanniam ad renouandam fidem quam praedicauerat Augustinus. And that they then held their Synod at a place called Cealchithe. how could Kenulph be there then, as the Legats relate? Beleeue the Monks as you will. but indeed, an exactnesse here is not easie extracted out of the disturbed times of our Chronicles. They talk also of a Synod held in Wicanhale for the North parts, a yeere or two after. Doubtlesse they intend this same that is extant in the Centuries; if at least it be of suffi∣cient credit. Neither can it be suspected by any circumstance in the subscriptions; which being so many, might haue by chance soon got among them a character of falsehood, had it not been genuine. In the printed Houeden, Gregorie, one of the Legats, is called Georgeus, perhaps for Gregorius. but my Ms. hath also Georgius. But if Henry of Huntingdon and Roger of Houe∣den giue vs the time right of the Legats com∣ming hither, then is that mention of Kenulph, in their supposed Epistle to the Pope, a plaine

character of falsehood, or ignorance, in some transcriber; who also, in one place, hath Oswal∣dus for Aelfwaldus King of Northumberland. But those which speak of that Synod of these Legats, seeme to suppose it extending through the whole Kingdome. See also §. VIII.

III.

In the s 2.419 Laws made between K. Alfred and Guthrun the Dane (to whom the Prouinces of East-Anglia and Northumberland were giuen to hold of the Crown) and renewd also between the same Guthrun and K. Edward, sonne to Al∣fred, about the yeer D.CCCC. this occurres, Gif hƿa Teoþunge forheold, gylde lashlite mid Denum, ƿite mid Englum, that is, as the old Latin Transla∣tion hath it, Si quis Decimam contrateneat, red∣dat Lashlite cum Dacis, Witam cum Anglis. Lashlite denotes the Danish common forfeiture, which, as it is thought, was in most offences XII. Ores (that was commonly XX. shillings, for XX. pence made an Ore commonly; and sometime, according to the variation of the Standerd, t 2.420 XVI. pence was an Ore. But in Oxfordshire specially, and Glocestershire in Domes-day, XX. goe to an Ore) as the Eng∣lish common forfeiture, or the Wite, was XXX. shillings. The occurrence of these two names, is frequent in the Saxon Laws; and it may seem by this, that some other Law preceded for the payment of Tithes, or els that the right of them

was otherwise supposed cleer. For the autoritie of this and the rest comprehended in those of Alfred and Guthrun, obserue that in their title;

& ða ƿitan eac ðe syþþan ƿaeron, oft & Unseldan {that} sealf ge••••ƿodon & mid gode gehyhton,

that is, and the Wisemen (or the Baronage) of succeeding times very often renewed that Councell of theirs, and in bonum adduxerunt, as in the old Translation those last words are turned.

IIII.

It is reported of King Aethelulph, that in the yeer D.CCC.LV. Decumauit (as Ethelward writes) de omni possessione sua in par∣tem Domini & in vniuerso regimine sui principa∣tus sic constituit. The words of his Charter, whereby he did it, are, Cum Concilio Episcopo∣rum ac Principum meorum Consilium salubre at{que} vniforme remedium (hee means remedie against those miseries which the English had endured by Danish irruptions) affirmantes consensimus, vt a∣liquam portionem terrarum haereditariam antea possidentibus omnibus gradibus siue famulis & fa∣mulabus Dei Deo seruientibus, siue Laicis miseris semper Decimam u 2.421 mansionem vbi minimum sit, tum Decimam partem omnium bonorum in liber∣tatem perpetuam donari Sanctae Ecclesiae dijudi∣caui, vt sit tuta & munita ab omnibus saecularibus seruitutibus &c. So is it reported in the Abbot of Crowlands Historie, and varies not much in William of Malmesburie, and Nicholas x 2.422 of Glo∣cester,

who both haue it also at large. But in Mathew of Westminster, no other Decima is mentioned in it, then Decima terrae Meae. Out of the corrupted Language, it is hard to collect what the exact meaning of it was. How most of the Ancients vnderstand it, is best known by the words wherein they summe it. Ingulphus thus of it; Omnium Praelatorum ac Principum suo∣rum qui sub ipso, varijs Prouincijs totius Angliae praeerant, gratuito consensu tunc primò cum Deci∣mis omnium terrarum ac bonorum aliorum siue ca∣tallorum vniuersam dotauit Ecclesiam Anglica∣nam per suum Regium Chirographum. And hee tells vs further, that Aethelulph, in the presence of his Baronage, at Winchester, offerd the Char∣ter vpon the Altar, and the Bishops receiued it, & sent it to be published in euery Parish Church through their Diocesos. In Florence of Worce∣ster it is in these words abbreuiated. Aethelul∣phus Rex Decimam totius Regni sui partem ab omni Regali seruitio & tributo liberauit, & in sempiterno grophio in Cruce Christi pro redemp∣tione animae suae & antecessorum suorum vni & trino Deo immolauit. So also Roger of Houe∣den. An old French fragment of the y 2.423 English Historie sayes, that hee dismast la dime hide de tute Westsaxe, and that it was pur pesire & ve∣stre les pouures. The old Archdeacon of Hun∣tingdon thus; Totam terram suam ad opus Ec∣clesiarum decumauit propter amorem Dei & re∣demptionem

sui. And in the rythmes of z 2.424 Robert of Glocester.

The King to holye Chirche thereafter euer the more drough, And tithed well all his lond, as he ought, well enough

If we well consider the words of the chiefest of these Ancients, that is, Ingulphus, we may conie∣cture that the purpose of the Charter was to make a generall grant of Tithes payable freely and discharged from all kind of exactions vsed in that time, according as the Monk of Malmes∣burie, & a 2.425 Iohn Pike in his supplement of the Historie of England, expresse it. Decimam, say they, omnium hydarum infra regnum suum à tribu∣tis & exactionibus regijs liberam Deo donauit. that is, granted the Tithe of the profits of all Lands, free from all exactions. for, the granting of the tenth part of the Hides or Plough-lands, denotes the tenth of all profits growing in them, as well as Decima acra sicut aratrum peragrabit, which is vsed for tithing of the profits, in the Laws of K. Edgar, Ethelred, and Knout, and ac∣cordingly also is this, of Ethelulph, related in the Saxon b 2.426 Chronicles of Peterborough, Can∣terbury, and Abingdon. he did tithe his landes o∣fer all his rice gode to lofe &c. as the words are. that is, his Lands ouer all his Kingdom &c. and doubtlesse Ingulphus no otherwise vnderstood it then of perpetuall right of Tithes giuen to the

Church, where he remembers it by tunc primo cum Decimis &c. So that the tithe of prediall or mixt profits was giuen, it seems, perpetually by the King with consent of his States both Se∣cular and Ecclesiastique, and the tithe of euery mans personall possessions were at that time also expresly included in the gift, because (it seems) before that, the payment of all Tithes had com∣monly been omitted. The ancientest of Writers that hath the Charter whole is that Ingulphus: but questionlesse it is much corrupted especially in that of portionem terrarum hereditariam antea possidentibus omnibus gradibus. for what may that signifie? But in Matthew of Westminster it is far∣thest from deprauation of language; where, after portionem, follows terrae meae Deo & Beatae Ma∣riae & omnibus Sanctis iure perpetuo possidendam concedam; Decimam scilicet partem terrae meae vt sit tuta &c. the priuilege or libertie annext to it is, that it should not be only free from all taxes and exactions vsed then in the State, but also from that c 2.427 trinoda necessitas (whereto all Lands whatsoeuer, were subiect although otherwise of most free tenure) by which they ment their expe∣ditio or militarie seruice, pontis extructio, & ar∣cis munitio. this freedom of that time you must it seems so interpret, that euery man was from henceforth to be valued in all Subsidies and Taxes according only to his nine parts of his Lands and profits; and the profits of the tenth

being due to the Church, were both in his and their hands hereby discharged from all paiments and taxes whatsoeuer. But should it be vnder∣stood only for a particular consecration to the Church of one time, and of the Land d 2.428 it self to be possessed by the Clergie or emploied to other good vses of charitie, then had it no more due place here among the Laws of Tithes, then the storie e 2.429 of Robert Earle of Glocester his giuing euery tenth stone (of his prouision for the buil∣ding of a Towr neer to Bristow) to the erecting of a Chappell, or Edward f 2.430 the Confessor his building Westminster Abbey with the tenth of one yeers reuenue, or g 2.431 Offa's giuing the Tithe of his estate to the Clergie and the Poor, or the like. But I conceiue it as is before declared. It is fit to adde here also another of Ethelulphs grants or Constitutions by the Parlamentarie consent of that time, made to like purpose; and that at large, because it is not in any published autor. In the h 2.432 Chartularies of the Abbey of Abingdon it occurres in the one, with the title of Priuile∣gium Aethelwlfi Regis, in the other with Quomo∣do Adelwlfus Rex dedit Decimam partem regni sui Ecclesijs. then follows the Charter or Constitu∣tion. Ego Aethelulf gratia Dei Occidentalium Saxonum Rex in sancta ac celeberrima Paschali solennitate, pro meae remedio animae & regni po∣steritate & populi ab omnipotenti Deo mihi colla∣ti consilium salubre cum Episcopis, Comitibus,

& cunctis Optimatibus m••is perfeci vt Decimam partem terrarum per regnum nostrum non solum Ecclesijs darem, verùm etiam & Ministris nostris in eadem constitutis in perpetuam libertatem habere concessimus, ita vt talis donatio fixa incommut abi∣lisque permaneat ab omni regali seruitio & omni∣um secularium seruitute absoluta. Placuit autem Aelhstano Episcopo Scirburnensis ecclesiae & Swi∣thuno Wentanae Ecclesiae Episcopo, & Ducibus communiter. Hoc autem fecimus in honorem Do∣mini nostri Ihesu Christi & beatae semper Virginis Mariae & omnium Sanctorum & Paschalis festi reuerentiam, vt Deus omnipotens nobis & nostris posteris propitiari dignetur. Scripta est autem hac Cartula anno ab incarnatione Domini nostri Ihesu Christi DCCC.LIV. indictione II. die Pa∣schali, in Palatio nostro qui dicitur Wiltun. Qui autem augere voluerit nostram Donationem augeat omnipotens Deus dies eius prosperos. si quis vero minuere vel mutare praesumpserit, noscat se ante tribunal Christi redditurum rationem nisi prius sa∣tisfactione emendauerit ✚. Ego Aethelwlf Rex ✚. Ego Aelhstan Episcopus ✚. Ego Swithun Episco∣pus ✚. Ego Wlflaf Abbas ✚. Ego Werferd Ab∣bas ✚. Ego Ethered & ego Alfred filij Regis con∣sensimus. the ancientest hand wherein this is writen in the Chartularies, is of about Henry the second his time. and for the credit of it, you must relie vpon those Chartularies. It differs in date both of place and time from the other. this

is dated at Wilton, that at Winchester. this in DCCC.LIV. the second Indiction at Easter. that DCCC.LV. and in some, the fourth In∣diction, and in others, the third in Nouember. such a difference of Indictions may well be, if the Autors that deliuer it, added that note for the time that they conceiud it to be made in, not for the very Characters of the Date of the Originall instrument. for, Nouember falling in the fourth Indiction Imperiall, may be of the third Indicti∣on Pontificial. the one beginning in September, the other in December following. that diffe∣rence is in the relations of it between Florelegus and the Abbot of Crowland. and the Abbot per∣haps reckond by the Pontificiall Indictions, and the other Monk by the Imperiall. if at least their Copies be not corrupted. But whereas in Mal∣mesbury the date of that first Charter is DCCC.XLIV. Indict. IV.V. Nonas Nouembris. plain∣ly it is false, neither could that Indiction be in the Character of the yeer DCCC.XLIV. which fell in the seuenth Indiction.

V.

In a Volume * 2.433 that belonged to the Ab∣bey of S. Augustines in Canterbury, titled Sta∣tuta Synodorum, writen in a hand of about DCCCC. yeers after Christ, or somwhat more, one Paragraph is de Decimis. But the Mosaicall commandement (for few of the Iudicials of Mo∣ses are wanting in it) & a passage in S. Augustine are the only autorities brought for them. No

Councell or positiue Canon is mentioned in it to that purpose; although for other things, Sy∣nodus Romana, Synodus Auraicensis, Narbonensis, and very often Synodus Hybernensis oecur in it. The Autors vsed, by him that compiled it, are S. Augustin, S. Hierom, S. Gregorie, and Isidore, (which were in those midle times the k 2.434 chiefe, almost the only Fathers of the Church that were read) and sometimes Gildas and S. Patrike. whence it may seem that it was collected by som Briton or Irishman. and certain Canons of that Abbot Adomann spoken of by l 2.435 Bede, are annext to it. Neither did the Autor of it doubt but that he had all the Councells of credit that preceded him, as his own testimonie in his Preface iustifies. there, after a short relation of the IV. most known and generally receiued, of Nice, of Con∣stantinople, of Ephesus, of Chalcedon, he addes: Hae sunt quatuor Synodi principales fidei Doctri∣nam plenissimè praedicantes. sed & si qua sunt Concilia quae sancti Patres spiritu & diuino pleni sanxerunt post istarum quatuor autoritatem, omni manent stabilia vigore, quorum gesta in hoc opere condita tenentur. But to the same Volume is ioind another Collection, with this inscription; Incipiunt Pauca Iudicia quae desunt de supradi∣ctis, in which the old Canons of Rome (that is, the Codex Romanae Ecclesiae, or some other in the nature of it, which was receiud into these Nor∣thern parts, as a Director of the Church, in the

eldest times of Christianitie here, as you may see in our m 2.436 ancientest Church-storie) is cited, and diuers autorities out of those Fathers and a few of the elder Councells. But, no denominated Pontificiall or Synodall is rememberd there for Tithes. Only the Texts of Moses for Tithes, first Fruits, the first Born, and such more are num∣berd together; and then follows a Chapter de Diuisione Decimarum, with this declaration: Lex dicit; ipsi Sacerdotes populi suscipiant decimas, & nomina eorum, quicquid dederint, scripta ha∣beant & secundum autoritatem Canonicam &c. in the self same words as are before attributed to the Excerptions of Ecbert. The exact age of those Statuta Synodorum, appears not. But they were collected about K. Athelstans time. at least, then was the Copie that remains of them writen, as may be coniecturd alone (if other reasons failed) from the similitude twixt the Character found in them and that of the Text of the holy Euangelists, which King Athel∣stan caused to be fairly writen, and consecrated to S. Cutbert. That text with those Statuta are both yet preserued from the iniurie of time, a∣mong those inestimable moniments of that noble Knight S^r Robert Cotton. For those Pauca iudicia that follow; they are of a later hand then the Statuta; but of what time, it sufficiently ap∣pears not. That Lex dicit in them may be referd to the Canon n 2.437 related out of the Excerptions

of Ecbert. but whence that Canon is originally, I haue not yet learned.

VI.

King Athelstan o 2.438 about the yeer DCCCCXXX. by aduise and consent of the Bishops of the Land, made a generall Law for prediall and mixt Tithes, in these words.

Ic AEþelstane cyning mid geþeahte ƿulfhelmes mines hihbisceipes. & oþra minra bisceopa bebeode eallum minum gereafum ðuph ealle mine rice (on þaes drihtaenes nama. & eal∣ra halgena, & for mine lufu) {that} hi aerost mines age∣nes ðam teoþe gesyllaþ. ge ðaes libbendes ry∣fes. ge ðaes gearlice ƿestmes; p 2.439 & {that} ilce gedo eac ða bisceopas heora geƿhilcra. & eac mine ealdormanna. & gereafa; & ic ƿille {that} mine bisceopes & gereafa ðaes demaþ eallum ðe hio gehyrsumian gebyraþ. & {that} ilce to þam tide fulfremaþ ðe ƿe hio settaþ. & þaes sie to ðaem daeg ðaer beheafdunges Seint Iohannes þaes fulh∣teres;

which is anciently thus turnd q 2.440 into La∣tine.

Ego Athelstanus Rex Consilio Wulfhelmes Archiepiscopi mei & aliorum Episcoporum meo∣rum mando praepositis meis omnibus in toto regno meo, & praecipio (in nomine Domini & Sancto∣rum omnium & super amicitiam meam) vt inpri∣mis de meo proprio reddant Deo Decimas tam in viuente captali quam mortuis frugibus terrae. & Episcopi mei similitèr faciant de suo proprio & Al∣dermanni mei, & Praepositi mei. Et volo vt Epis∣copi & Praepositi mei, hoc iudicent omnibus qui eis parere debent, & hoc ad terminum expleant quem eis ponimus, i. decollatio S. Iohannis Baptistae.

and

the example of Iacob, with a Text or two out of holy Writ and S. Augustin, is added to moue deuotion. That translation agrees wholly e∣nough with the Saxon, sauing in those words mortuis frugibus; the Saxon being yeerly fruits, which also another r 2.441 Copie of this translation expresses by ornotinis frugibus, corrupted plainly from hornotinis frugibus, i. the fruits of one and the last yeer, or the yeerly increase. and perhaps some ignorant Monk finding ornotinis, and not vnderstanding it, because he would be sure to square it to his own abilitie of learning, made it mortuis. which kind of changing hath examples enough in bold but ignorant Criticisme. that which the old Translator calls viuens captale, is, libbendes yrfes i. liuing cattell, in the Saxon; which hath often s 2.442 ceap also for chattels, and somtimes specially for liuing cattell, but the old t 2.443 Latine of the Saxon Laws turns ceap also into captale, whence cattalla is like enough to haue discended. and the first stock of Cattell which by King Ina's * 2.444 Laws was to be giuen to Or∣phans, was called frumstole in Saxon, but pri∣mum captale in the old translations. In Bramp∣ton's u 2.445 Historie (which is full of the Laws of the Saxon times) after those constitutions of Grate∣ley, part of which are in Lambard's 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, follows a thankfull acknowledgment to K. A∣thelstan for this Law of Tithes, in these words.

Karissime; Episcopi tui de Kent & omnis

Kentsirae, Thayni, Comites & villani tibi Do∣mino dulcissimo suo gratias agunt, quod no∣bis de pace nostra praecipere volusti, & de commodo Nostro perquirere & consulere; quia magnum opus est inde nobis diuitibus & egenis. Et hoc incepimus, quantâ diligentiâ potuimus, consilio horum sapientum quos ad nos misisti. Vnde, Karissime Domine, primum est de nostra Decima, ad quam valdè cupidi sumus & voluntarij & tibi supplices gratias agimus admonitionis tuae.

VII.

About D.CCCC.XL. Edmund King of England in a Micelne Synod, that is, a great Synod, or Councell, a kind of Parlament, both of Lay and Spirituall men (which are ex∣prest by godcundra and ƿorldcundra) held in Lon∣dan, made this x 2.446 Act. Teoþungum ƿe bebeodaþ ael∣cum Cristenum men be his Cristendome. & cyric∣sceat, & aelmesfeoh; Gif hit hƿa don nylle. ry he aman∣sumod. Which is anciently y 2.447 turned; Decimam praecipimus omni Christiano super Christianitatem suam dare; & emendent Cyrycsceatum i. Ec∣clesiae censum, & aelmesfeoh i. Eleemosynae pe∣cuniam. si quis hoc dare noluerit, excommunicatus sit. And all agrees with the Saxon, sauing only, that nothing answers to the word emendent. That Cyrycsceat is a Church-rent of Corn, or the first fruits of Corn yeerly in those times, and regularly payable at S. Martins day to the Church z 2.448; and is sometimes writen Curcscet;

sometimes otherwise. And in an old Ms. Expo∣sition of Law-terms, occurres, Cherchesonde, vne mesure de Ble que checun homme soleit enuoier a Seint Esglise en temps de Bretons. Plainely, Church-Corn is vnderstood; and Cyrksceat, that is, Church-rent is the originall whence Cherche sonde is there corrupted. And among Articles a 2.449 inquirable by euery Escheator in 44. Hen. 3. about the Profits, Estate, Tenue, and Issues of the Kings Tenants, one is of Cherche∣scot tam in blado quam in Gallinis, & in alijs exitibus. It is Circset often in the book of Domes∣day. Where it is found belonging sometimes to Abbeys, somtime to Parish Churches, somtimes to others. It was still as first fruits. And this old testimonie is for the antiquitie and continu∣ance also of payment of it here. Churchesset b 2.450

certam mensuram bladi tritici significat quam quilibet olim sanctae Ecclesiae die sanctae Martini tempore tam Britonum quam Anglo∣ram c 2.451: Plures tamen Magnates post Nor∣mannorum aduentum in Angliam illam con∣tributionem, secundum veterem Legem Moysi, nomine primitiarum dabant, prout in breui Regis Knuti ad summum Pontificem transmisso continetur, in d 2.452 quibus illam con∣tributionem appellat Chirchsed, quia semen Ecclesiae.

But what the Autor meanes by that Letter or Brief of King Knout, sent to the Pope, I as little know, as why hee cites that for

autoritie to proue what the Baronage did after the Normans. Indeed, an Epistle is e 2.453 extant, which Knout sent into England (by Liuing Ab∣bot of Tauis••ok) as hee was taking his iourney home-wards from the Pope. and therein, menti∣on is of this Curc scet. of any other I am yet ig∣norant. That Aelmesfeoh, or Almes-money, was the Peeter-pence, due yeerly at the first of Au∣gust, by institution, as some will, of King Ina, as others, of King Aethelulph. And they were cal∣led also Romefeoh, Romescot, Heorþpening.

VIII.

Of the same time, some Constituti∣ons are extant, f 2.454 made by Odo Archbishop of Canterburie (yet not, for aught appears by them, in a Synod) with this Preface, Ego Oda humilis & extremus diuina largiente clementia, almi Prae∣sulis & Pallij honore ditatus, quaedam documenta omni Christicolâ non indigna, quae à praecedentibus illustrium virorum Praeceptis certissima comperi, ad consolationem Domini mei Regis scilicet Aetmun∣di omnisque populi excellenti Imperio eius sub∣iecti, in ista cartula, coadunare decreui. Vnde de∣uotissimè obsecro & clementissime hortor audien∣tum mentes vt si quando haec recitanda audiant in∣teriùs videlicet & in corde, frequenti meditatione plantent, & multiplici bonae operationis munere ex eo fructum pacatissimum in tempore messis sibi colligant. Primo capitulo praecipimus & manda∣mus vt Sancta Dei Ecclesia &c. And so goes on with some particulars which belong to Church-discipline;

the X. and last Chapter being only for Tithes in these words. X. Capitulo manda∣mus & fidelitèr obsecramus de Decimis dandis si∣cut in Lege scriptum est. Decimam partem ex om∣nibus frugibus tuis seu primitijs deferas in domum Dominij Dei tui. Rursum Propheta, Afferte, g 2.455 in∣quit, omnem Decimam in horreum meum, vt sit cibus in domo mea & probate me super hoc si non aperuero vobis cataractas coeli & effudero bene∣dictionem vsque ad abundantiam & increpabo pro vobis qui comedit & corrumpit fructum terrae ve∣sirae. & non erit vltra vinea sterilis. Vnde & cum obtestatione praecipimus vt omnes studeant de omni∣bus quae possident dare Decimas; quia speciale Do∣mini Dei est; & de nouem partibus sibi viuant & Eleemosynas tribuant. Where note, the sylla∣bles are of that which in the Centuries is referd to an English Councell of D.CC.LXXXVI. before in §. II. For this of Odo, although no expresse Occurrence denote, that it was in a Councell, yet you may much incline to beleeue it was in one, if you compare it with h 2.456 what you find in the Monk of Malmesburie of him.

IX.

King Edgar about the yeer D.CCCC.LXX mid his ƿitena geþeahte, that is, with the aduise and counsell of his Wisemen, or Baro∣nage, ordained, That the Church should enioy all her Liberties,

& i 2.457 man agyfe ylce aelc teoþunge to þaem ealdan mynstre ðe seo hyrnesse to hyrþe; & si þonne sƿa geleast. aegþer of ðaegnes inland. ge of neatland. sƿa his sulh gega;

2. Gif hƿa ðonne degna sy. ðe on his boclande eyri∣can haebbe ðe legerstoƿe on sy. gesylle he ðonne ðrit∣dan dael his agenre teoþunge into his cyrican;

3. Gif hƿa cyrican haebbe ðe laeerstoƿe on ne sy. ðonne do h of ðaem nygan daelum his ƿreost {that} {that} he ƿille;

4. And sy aelcre geoguþe teoþunge gelaest be Pente∣costen; & þaera eorþ ƿaestma be Em••ihte;

5. Gif hƿa ðonne þa teoþunge geleastan nelle sƿa ƿe ge-cƿaeden habbaþ. fare ðaes Cyningesgerefa to. & þaes Bisceopes. & þaes mynstres maessepreost. & niman un∣þances ðone teoþen dael to ðaem minstre ð hit to ge∣byrrige. & taecan him to þaem nigoþon dael; & to daele mon þa eahta daelas on tþa. & fo se k 2.458 hlaford to heal∣fan. to healfan se bisceop. sy hit cyninges man. sy hit ðegenes;

that is, in the old l 2.459 Latine Copies:

1. Et Reddatur omnis Decimatio ad Matrem Ecclesiam cui Parochia adiacet, de terra m 2.460 Thai∣norum & Villanorum, sicut n 2.461 aratrum pera∣grabit.

2. Si quis Thainorum sit qui in feodo suo Ec∣clesiam habeat vbi caemiterium sit, det ei tertiam partem Decimae suae.

3. Si non sit tibi atrium (but the Saxon hath here the same word as before for caemiterium, that is, laegerstoƿe) det, ex suis nouem partibus, Presbytero, quod vult.

4. Et omnis Decimatio Iuuentutis reddita sit ad Pentecosten; & Terraefrugum, ad Aequino∣ctium.

5. Si quis Decimam dare sicut diximus nolue∣rit, adeat Praepositus Regis & Episcopi & Sacer∣dos illius Ecclesiae, & reddant Ecclesiae cui perti∣nebit Decimam suam; & Nonam partem dimit∣tant ei qui Decimam suam detinuit, & octo partes in duo diuidantur dimidium Domino, dimidium E∣piscopo; Sit homo Regis, sit homo Thaini.

This Latine agrees well enough with the Saxon; al∣though in this last §. si quis, for Episcopi o 2.462 Sa∣cerdos, Lambard hath & Episcopus & Sacerdos illius Ecclesiae &c. But whereas the Translator vses the word Ecclesia only for Church; in the Saxon, that which he calls Matrem Ecclesiam, is denoted by ealdan mynstre, and that Ecclesia, in §. 2. si quis Thainorum, by Cyrican; whence, our word Kirk, or Church, is framed. For the difference of Church and Minister here, some∣what where anon wee speak of Parishes of that time.

X.

A Councell or a kind of Parlament held vnder King Ethelred, by the aduise of his two Archbishops, Elfpheg and Wulfstan, (about the yeer M.X.) is yet extant, wherein Laws are for Tithes. But because it remaines only a Manu∣script of about the time of the Norman Con∣quest, the Preface of it shall be here first noted, that thence the autoritie of it may be the better vnderstood. It is inscribed with p 2.463

Incipiunt Sy∣nodalia Decreta

. then begins with;

Quodam tempore contigit vt Regis Aethelredi edicto

concrepante, Archipraesulumque Alfeagi & Wulfstani hortatu instigante, vniuersi Anglo∣rum Optimates die Sancto Pentecostes ad lo∣cum ab indigenis Eanham nominatum acciti sunt conuenire. Collecto itaque ibidem Chri∣sticolarum coetu venerabilium quamplurimo∣rum de Catholicae cultu Religionis recupe∣rando, deque etiam rei statu publicae repa∣rando vel consulendo plura & non pauca vt∣pote diuinitus inspirati ratiocinando sermo∣cinabantur.

Then follows some Constitutions about Monks, Abbots, Canons, and other of the Clergie. After which, the Councell goes on with,

Post haec igitur Archipontifices praedicti Con∣uocatâ plebis multitudine collectae, Regis E∣dicto suprascriptae omniumque consensu Ca∣tholicorum omnibus communitèr praedica∣bant vnum Deum colendum esse debere, Pa∣trem videlicet &c. And diuers Canons suc∣ceed; and among them occurres, Nec Ecclesiae antiquitùs constitutae Decimis vel alijs pos∣sessionibus priuentur ita vt nouis Oratorijs tribuantur; which very words are found in an elder Councell of Mentz, and in the Imperiall Capitularies. Then immediatly follows, Deci∣mationes Frugum & Vitulorum & Agnorum, necnon & Aratrales Eleemosynae, Ecclesiasti∣caque munera Domino per singulos annos temporibus rependantur congruis. Eleemo∣synae videlicet Aratrales quindecim diebus

post Pascha peractis; Vituli quo{que} & Agnicu∣li Decimales erga Pentecosten, Frugum verò terrae Decimationes circa omnium festiuita∣tem Sanctorum Ecclesijs persoluantur oppor∣tunis.

To it, is ioind the most part of it q 2.464 in Saxon. but that Preface is wholly therein wan∣ting. neither doth any thing in the Saxon an∣swer to that, Nec Ecclesiae antiquitus constitutae &c. But those Tithes are there reckond among godes gerightas, that is, things due vnto God. and the Saxon text for them is; geogoþe teoþunge be Pentecosten. & eorð ƿaestma be ealra halgenamaes∣san, that is, the Tithe of yong cattell is to be paid at Whitsontide, and of fruits of the earth at Al∣hollows. and according to this, in an old Saxon r 2.465 collection of Christian dutie, AElc man, (saies the Autor) teoðunga gelaeste mid rihte, that is, Let euery man pay his Tithes iustly. Those Aratrales Eleemosynae were called sulh aelmessan, that is, Plough-almes; which was a peny to be paid of euery plough-land. and the Ecclesiastica munera were only the first fruits of Corne paid at S. Martins day; whereof before §. VIII.

XI.

In some Laws of K. Ethelred remai∣ning in Abbot Brampton his Historie, we read.

s 2.466 Omnis Thainus Decimet quicquid habet. and Praecipimus vt omnis homo super di∣lectionem Dei & omnium Sanctorum det Cyricsceatum & rectam Decimam suam sicut in diebus antecessorum nostrorum fecit quan∣do

melius fecit, hoc est, sicut aratrum peragra∣bit, decimam acram, & omnis consuetudo reddatur super amicitiam Dei ad matrem no∣stram Ecclesiam cui adiacet, & nemo auferat Deo quod ad Deum pertinet, & praedecesso∣res nostri concesserunt.

The inscription of those Laws mongst which these are found, is, Haec instituerunt Ethelredus & Sapientes eius a∣pud Habam. By this, and that of Edgar before cited, it appears that the Tithe of euery tenth acre according to the order of tithing the whole Farme, was to be paid to the Church. which al∣so is made more plain in the next Law of King Knout.

XII.

Gelaeste man (are the ƿords of t 2.467 one of K. Knouts Laƿs made about M.XX.) godes gerihta aeghƿilc geare rightlice georne; þaet is sul∣haelmesse fiftene niht ofer Eastran. & gegoþe teoþunge be Pentecosten. & eorþ ƿaestma be ealra hal∣gena maessan; & gif hƿa þonne þa teoþunge gelaestan naelle. sƿa ƿe gecƿedan habbaþ. {that} is se teoþa aecer. eal sƿa se sulh hit gegaþ. þonne fare to ƿaes Cyninges gerefa. & þas biscopas, & þaes land rican, & þaes mins∣tres maessespreost. & niman unþances þonne teoþan dael to þam minstre he hit to gebyrige. & teacum him to þam nigoþum dael; & to daele man þa eahta daelas on tƿa. & fo se landhlaford to healfum, & to healfum se bisceop; sy hit Cyninges man. sy hit ðe∣gener;

this is u 2.468 anciently thus turned;

Reddantur Deo Debitae rectitudines annis singulis, hoc

est Eleëmosyna carucarum, XV. diebus post Pascha, Decimae de nouellis gregibus in Pen∣tecosten, terfenorum fructuum in festo om∣nium Sanctorum. Si quis hanc Decimam da∣re nolit sicut omnium nostrum commune est institutum, hoc est Decimam acram sicut ara∣trum peragrabit, eat praepositus Regis & E∣piscopi & Domini ipsius tetrae cum Sacerdote & ingratis auferant & Ecclesiae cui pertinebit reddant. Nonam verò partem relinquant ei qui Decimam dare noluit. Octauas partes re∣liquas in duo diuidant & sit vna medietas E∣piscopi, alia terrae Domini, siue sit homo Re∣gis siue Thaini.

with this Latin, the Saxon a∣grees. and it is almost but a repetition of King Edgars Law for Tithes. and those two Para∣graphs in King Edgars, the one touching a con∣ueyance of a third part of the tithes to a Church that had right of Sepulture, the other concer∣ning a Church that wanted that right, are also repeated (as many other Laws of the former a∣ges) in those of King Knouts; which are called Lege y 2.469 Anglicae generally in the ancientest Latin Copies that I haue seen.

XIII.

The Copie of the Laws of Edward the Confessor, that bears this title;

Leges bo∣ni Regis Edwardi quas Guilielmus Bastardus postea confirmauit, hath this z 2.470 for Tithes: De omni annona, Decima garba Deo debita est & ideò reddenda. Et si quis gregem equarum

habuerit, pullum reddat Decimum. Qui v∣nam vel duas habuerit, de singulis pullis sin∣gulos denarios. Similiter qui vaccas plures, habuerit, Decimum vitulum. Qui vnam vel duas, de vitulis singulis obolos singulos. Et qui caseum fecerit, det Deo Decimum. si verò non fecerit lac decima die. similiter agnum Decimum, vellus Decimum, caseum Deci∣mum, butyrum Decimum, porcellum Deci∣mum. De Apibus verò similitèr Decima com∣modi. Quin & de bosco, de prato & aquis & molendinis, parcis, viuarijs, piscarijs, virgul∣tis & hortis, & negotiationibus & omnibus rebus quas dederit Dominus. Decima pars ei reddenda est, qui nouem partes simul cum Decima largitur. Qui eam detinuerit per Iu∣stitiam Episcopi & Regis (si necesse fuerit) ad redditionem * 2.471 arguatur. Haec enim praedicauit B. Augustinus, & concessa sunt à Rege Baro∣nibus & populo.

But howeuer those Laws are attributed to the Confessor; it is certain that as the Ordinarie Copies of them are, and as they speak in the published Volume of Saxon Laws, they are not without many mixtures of some∣what later transcribers.

XIV.

In a Synod, a 2.472 writen in Saxon, & held a∣bout the Cōquest, diuers Laws preceding, about the punishment of crimes by fasting VI.VII.X. yeers together with bread and water, a perswasi∣on follows for Almes &c. in it we read teoþge on godes

godes est eal {that} he age. that is, Let Tithe be paid of all that is possest though the Lords bountie.

XV.

Out of a Ms. of Excester I haue seen b 2.473 transcribed a Canon of a Councell held at Windsore, some yeers after the Norman Con∣quest (I think vnder Lanfrank) in these words: Vt Laici Decimas reddant sicut scriptum est.

XVI.

In a Conuocation at Westminster c 2.474 held in 3. Hen. 1. vnder Anselm Archbishop of Can∣terburie, and Girard Archbishop of Yorke, for both Prouinces, it was ordaind Vt Decimae non nisi Ecclesijs dentur. It was not only a Synod of the Clergie; but Royall autoritie with the as∣sent of the Baronage (at least of the greater No∣bilitie) was ioind with it. for thus speaks the Monk of Malmesburie relating it.

Anno Do∣minicae Incarnationis 1102. quarto autem praesulatus Paschalis summi Pontificis, tertio regni Regis gloriosi Henrici Anglorum, ipso annuente, communi consensu Episcoporum & Abbatum & Principum totius regni, adu∣natum est Concilium in Ecclesia beati Petri in Occidentali parte iuxta Londoniam sita, in quo praesedit Anselmus &c. and then. Huic conuentui affuerunt, Anselmo Archiepiscopo petente à Rege, Primates regni, quatenus quicquid eiusdem Concilij autoritate decer∣neretur, vtrius{que} Ordinis concordi curâ & sol∣licitudine ratum seruaretur. Sic enim necesse erat; quia multis retrò annis, synodali cultu∣ra

cessante, vitiorum vepribus succrescenti∣bus, Christianae religionis feruor in Anglia nimis refrixerat.

and agreeing to this reason is a passage in the d 2.475 Synod of London, held vnder Lanfrank Archbishop of Canterbury in 9. Will. 1.

Et quod (are the words) multis retro annis in An∣glico regno vsus Conciliorum obsoluerat, renouata sunt &c.

that Canon seems to haue been made against arbitrarie consecrations of Tithes then practiced, whereof anon largely.

XVII.

The Laws e 2.476 of Henrie the first haue one title, De placitis Ecclesiae pertinentibus ad Re∣gem, and vnder that, are these words: Si quis re∣ctam Decimam superteneat, vadat praepositus Re∣gis & Episcopi & terrae Domini cum Presbytero & ingratis auferant & Ecclesiae cui pertinebit reddant, & nonam partem relinquant ei qui Deci∣mam partem dare noluit. according to those of King Edgar and King Knout f 2.477 before related.

XVIII.

Alberique Bishop of Ostia, Legat in England to Pope Innocent the second, in 3. of King Stephen, held a Synod at London; and in that (as I haue seen it g 2.478 transcribed out of a book of Worcester) this Canon is, De omnibus Primi∣tijs rectas Decimas dari Apostolica autoritaee prae∣cipimus, quas qui reddere noluerit anathematis in eum sententia proferatur. Primitiae must, it seems, be here vnderstood for euery new yeers encrease.

XIX.

Vnder Henrie the second a Pontifi∣ciall Decree was sent to all the Bishops of the

Prouince of Canterburie (about the yeer M.C.LXX.) by Pope Alexander the third comman∣ding h 2.479 them that they should admonish all men in their seuerall Dioceses, & si opus fuerit, as the words are, Sub excommunicationis districtione compellere, vt de prouentibus Molendinorum, Pis∣cariarum, Faeno, & Lana, Decimas Ecclesijs, qui∣bus debentur, cum integritate persoluant. the dire∣ction of it was, Cantuariensi Archiepiscopo & e∣ius suffraganeis. To this you may adde that o∣ther i 2.480 of the same Popes to the Bishop of Win∣chester: Mandamus, quatenùs Paraecianos tuos de Apibus, & de omni fructu Decimas persoluere Ec∣clesiasticâ districtione compellas. Both these were afterward made part of Gregories Decretalls, and are of force to this day in the Canon Law of the Church of Rome.

XX.

In 21. of the same King Henrie the se∣cond, Richard Archbishop of Canterburie held a Prouinciall Synod at Westminster, in which were neer all the Bishops and Abbots of his Pro∣uince, as also the two Kings, the father and the sonne. there, diuers Constitutions out of old Councells and Popes Decrees were published to be obserued in his Prouince. among them, one is out of a Synod at Rosne, in k 2.481 these words:

Om∣nes Decimae Terrae siue de frugibus siue de fructibus, Domini sunt & illi sanctificantur. sed quia multi modò inueniuntur Decimas dare nolentes; statuimus, vt iuxta Domini

Papae praecepta admoneantur semel, secundò, & tertiò, vt de grano, de vino, de fructibus Arborum, de foetibus animalium, de lana, de agnis, de butyro & caseo, de lino & canabe & de reliquis quae annuatim renouantur, Deci∣mas in egrè persoluant. quòd si commoniti non emendauerint, anathemati se nouerint subiacere.

XXI.

Hubert Archbishop of Canterburie by his power Legatin, receiud from Pope Caele∣stin the third, in 6. Rich. 1. held a Prouinciall Councell for the Prouince of Yorke; and there∣in l 2.482 one of the Canons thus speaks for Tithes.

Cum Decimae sint tributa egentium animarum & ex praecepto Domini dari debeant, non est reddentis eas diminuere. Statuimus ita{que} vt de his quae reno∣uantur per annum, cum omni integritate Decimae debitae & consuetae conferantur; ita vt inprimis Decimae abs{que} vlla diminutione Ecclesiae dentur, postmodùm de nouem partibus mercedes messorum & aliorum seruientium pro arbitrio soluentis tri∣buantur.

XXII.

The same Archbishop Hubert in 2. of K. Iohn, m 2.483 Generale celebrauit concilium Lun∣donijs apud Westmonasterium contra prohibitionem Galfridi filij Petri Comitis de Essexe tunc tempo∣ris summi Iustitiarij Angliae. for it appears that in those elder times there n 2.484 was great controuersie between the King, in whose right the Chief Iu∣stice of England here sent out his prohibition,

and the Archbishop touching this point; whe∣ther the Archbishop, either as Archbishop or as Legat, might hold a Prouinciall or Nationall Councell without autoritie from the Crown; but that is now declared cleer o 2.485 and so practiced that he may not. In that Councell, notwithstan∣ding the prohibition, he ordaind thus for tithes.

Cum Deo & Sacerdotibus Dei Decimas dan∣das, Abraham factis, & Iacob promissis innu∣ent, & autoritas veteris & noui Testamenti necnon & sanctorum Patrum statuta declarent Decimas de omnibus, quae per annum reno∣uantur praestandas; id inuiolabilitèr decerni∣mus obseruandum, ita quod occasione merce∣dis seruientum vel messorum decima pars non minuatur, sed potius integre persoluatur. Habeant etiam Presbyteri potestatem ante au∣tumnum excommunicandi omnes fraudatores decimarum suarum, & eosdem secundum for∣mam Ecclesiasticam absoluendi. Huic adijci∣mus sanctioni, vt de terris nouitèr cultis, non aliàs dentur decimae quam Ecclesijs Parochia∣libus infra quarum limites terrae illae de quibus Decimis perueniunt excoluntur. Detentores verò Decimarum, iuxta Rothomagensis Con∣cilij constitutum, si semel secundò & tertiò commoniti, excessum suum non emendauerint vs{que} ad satisfactionem condignam anathematis vinculo feriantur. saluo in omnibus S.S.R.E. honore & priuilegio.

which Saluo is to euery of his Canons.

XXIII.

Among the Decretall Epistles of Pope Innocent the third, one p 2.486 is directed

Cantuariensi Archiepiscopo, vt Ecclesijs Pa∣rochialibus iustè Decimae persoluantur;

and thus speaks.

Peruenit ad audientiam nostram quod multi in Docesi tua Decimas suas inte∣gras, vel duas partes ipsarum non illis Eccle∣sijs in quarum Parochijs habitant, vel vbi prae∣dia habent, & à quibus Ecclesiastica percipiunt Sacramenta persoluunt: sed eas alijs pro sua distribuunt voluntate. Cum igitur inconueni∣ens esse videatur & à ratione dissimile, vt Ec∣clesiae quae spiritualia seminant, metere non de∣beant à suis Parochianis temporalia, & habere; fraternitati tuae autoritate praesentium indul∣gemus vt liceat tibi super hoc non obstante contradictione vel appellatione cuiuslibet, seu consuetudine hactenus obseruata, quod Cano∣nicum fuerit ordinare, & facere quod statueris per Censuram Ecclesiasticam firmiter obser∣uari. Nulli ergo &c. confirmationis &c. Da∣tum Lateran. II. nonas Iulij.

XXIV.

In a collection of diuers Constitu∣tions for the English Church, out of Councells and others, titled only q 2.487 Constitutiones cuiusdam Episcopi, and writen about Hen. the thirds time, one of Tithes occurs. Decimas de omnibus quae renouantur per annum & maximè consuetas, dan∣das decernimus & potissime de molendinis & pis∣carijs & faenis & apibus & de terris arabilibus

& ad prata posteà vel ad pasturam redactis, ita vt occasione mercedis seruientum vel messorum decima parte non frustrentur quo minus eam plene percipi∣ant. Detentores vero earundem Decimarum si se∣mel, secundo, & tertio commoniti excessum suum non emendauerint; concedimus quod per capellanos locorum vsque ad satisfactionem congruam excom∣municationis vinculo feriantur. Cum autem hi qui decimas detinuerint vel subtraxerint ad poenitenti∣am accesserint, non admittantur nisi per se vel per manum sacerdotis ei, cui decimae debentur, satisfa∣ciant competenter.

XXV.

A Constitution for due paiment of Tithes r 2.488 was made about 30▪ Hen. 3. by Walter Gray Archbishop of York. I haue only a note of it which I took out of the Ms. but the words I could not now transcribe for want of the Copie. the Copie it self I once saw in the Librarie of M^r. Henrie Sauill who is now with God.

XXVI.

The chiefest of the English Canon Laws, made for Tithes (both prediall and perso∣nall) is that commonly attributed to a Coun∣cel of Robert Winchelsey Archbishop of Canter∣burie, held in 23. Ed. 1. at London; some Copies s 2.489 referring it to Archbishop Boniface and the time about 30. Hen. 3. or to an old Synod of Merton. But in the Synod of Merton held 42. Hen. 3. no part of it is extant. That I examined in the t 2.490 Annalls of the Abbey of Burton where the Canons of that Synod are at large collected. yet

in the Pupilla z 2.491 oculi, writen by Iohn de Burgo Chancelor of Cambridge in M.CCC.LXXXV. it is called Constitutio facta apud Merton per om∣nes Episcopos Angliae. These are the words of it, as it remains in the body of the Prouincial Con∣stitutions.

Quoniam propter diuersas con∣suetudines in petendo Decimas per diuersas Ecclesias inter rectores Ecclesiarum & Paro∣chianos suos, rixae, contentiones, scandala & odia maxima multotiès oriuntur. Volumus & statuimus quòd in cunctis Ecclesijs per Cantuariens. Prouinciam constitutis, vnifor∣mis sit petitio Decimarum & proventuum Ec∣clesiarum. Imprimis volumus quod decimae de frugibus, non deductis expensis, integrè & sine aliqua diminutione soluantur: & de fru∣ctibus arborum: & de seminibus omnibus, & de herbis ortorum nisi Parochiani compe∣tentem fecerint redemptionem pro talibus de∣cimis. Volumus & statuimus etiam quod de∣cimae de foenis vbicun{que} crescant, siue in mag∣nis pratis siue in paruis siue in cheminis exi∣gantur, & prout expedit Ecclesiae persoluan∣tur. De nutrimentis autem animalium scilicet de agnis; Statuimus quod pro sex agnis &· in∣fra, sex oboli dentur pro decima. Si septem sint agni in numero, septimus agnus detur pro decima rectori, ita tamen quod rector Ec∣clesiae qui septimum agnum recipit, tres obo∣los in recompensationem soluat parrochiano

à quo decimam illam recepit. Qui octauum recipit, det denarium. Qui verò nonum, det obolum parochiano vel expectet rector vsque ad alium annum donec plenariè Decimum a∣gnum possit recipere si maluerit: & quum ita exspectat semper exigat secundū agnum me∣liorem vel tertium ad minus de agnis secundi anni: & hoc pro expectatione primi anni. Et ita intelligendum est de Decima lanae. Sed si oues alibi in hyeme & alibi in aestate nutrian∣tur diuidenda est decima. Similiter siquis me∣dio tempore emerit vel vendiderit oues, & certum sit à qua parrochia illa oues venerint: carundem diuidenda est decima sicut de re quae sequitur duo domicilia. Si autem incer∣tum fuerit, habeat illa Ecclesia totam deci∣mam infra cuius limites tempore tonsionis in∣ueniuntur. De Lacte verò volumus quod de∣cima soluatur dum durat; videlicet de casco tempore suo. Et de lacte in autumno & hye∣me nisi parochiani velint pro talibus facere competentem redemptionem, & hoc ad valo∣rem decimae & commodum Ecclesiae. De pro∣uentibus autem molendinorum volum{us} quod decimae fideliter & integrè soluantur. De pa∣sturis autem & pascuis tam non communibus quam communibus statuimus quod decimae fideliter persoluantur: & hoc per numerum animalium & dierum vt expedit Ecclesiae. De piscationibus & apibus sicut de omnibus alijs

bonis iuste acquisitis quae renouantur per an∣num, statuimus quòd decimae soluantur & ex∣igantur debito modo. Statuimus etiam quod decimae personales soluantur de artificibus & mercatoribus scilicet de lucro negociationis▪ Similiter de carpentarijs, fabris, cementarijs textoribus, pandox atricibus, & omnibus a∣lijs operarijs stipendarijs, vt videlicet dem Decimas de stipendijs suis nisi stipendarij ipsi aliquid certum velint dare ad opus vel ad lu∣men Ecclesiae si rectori ipsius Ecclesiae placue∣rit.

then a word or two of Mortuaries; after which,

Sed quoniam inveniuntur multi Deci∣mas sponte dare nolentes; Statuimus quod parochiani moneantur primo secundo & ter∣tio vt decimas Deo & Ecclesiae fideliter sol∣uant. Quod si non emendauerint primò ab in∣gressu Ecclesiae suspendantur, & sic demùm ad solutionem decimarum per censuram Eccle∣siasticam si necesse fuerit compellantur. Si au∣tem dictae suspensionis relaxationem vel abso∣lutionem petierint: ad ordinarium loci mit∣tentur absoluendi: & debito modo puniendi. Rectores autem Ecclesiarum seu Vicarij aut Capellani annui qui predictas decimas pre∣dicto modo propter formidinem hominum seu fauorem, timore Dei postposito, vt predi∣ctum est, cum effectu non petierint: pena su∣spensionis innodentur donec dimidiam mar∣cam argenti pro sua inobedientia Archidia∣cono

loci persoluant.

And then follow two other Constitutions, vnder Winchelsey's name, for some more peculiar order in payment. But that first referd to him, is in a Ms. y 2.492 (written of about the time of Henry the sixt) of the English Episcopall Constitutions, seuerally thus titled, Constitutio Domini Stephani de Langtone Archi∣episcopi edita de modo Decimandi. Stephen of Langton was Archbishop vnder King Iohn. But it is not extant in the Synod of his time.

XXVII.

In a Councell at London vnder Simon Mepham, Archbishop of Canterburie, held in 3. Ed. 3. a z 2.493 Canon is against such as hindered Church-men from taken their Tithes, either by keeping them and their seruants from entring into the Land, or by exacting * 2.494 Gloues, Stockings, or some such bribes, before they would permit them take that right, which God, as it is there inserted, in signum vniuersalis Do∣minij sibi reddi praecepit, & pro suo cultu Cleri∣cis assignauit. All such offendors are branded with Excommunication: and another Constitu∣tion of a Councell of Pauls, held in 17. Ed. 3. vnder Iohn Stretford Archbishop of Canterbu∣rie, is to the selfe-same purpose.

XXVIII.

For Tithe of Copis Wood, or Silua caedua, also in that of Stretford, was a * 2.495 Ca∣nonin these words:

Quanquam exsoluen∣tibus benè Decimas Deus frugum omnium a∣bundantiam & possessionum promiserit vber∣tatem:

tamen dolentes referimus quod non∣nulli nostrae Prouinciae contra testamenti ve∣teris atque noui doctrinam de syluis suis cae∣duis & lignis arborum caeduarum excisis circa quae minus, quàm circa fructus agrorum, labo∣ris impendunt, Decimas Deo & Ecclesijs qui∣bus debentur notoriè, propter hoc quod ipsas in praeteritum non dederunt, soluere contra∣dicunt. quòd estimant idcirco licere quod Le∣gem moris de longa inualuisse consue••udine arbitrantur, in dubium etiam reuocantes quid silua caedua sit censenda. Nos igitur aduer∣tentes quod si sua portione Ecclesia sit de∣fraudata diutinè, crimen praeterea non minui∣tur sed augetur: ac fames & penuria omni∣umque rerum egestas opprimunt bene Deci∣mas non soluente; huiusmodi declaramus pouisione Concilij Siluam Caeduam, illam fore quae cuiuscunque existens generis arbo∣rum in hoc habetur vt cedatur, & quae eti∣am succisa rursus ex stirpibus aut radicibus renascitur; ac ex ea Decimam vtpote rea∣lem & praedialem Parochialibus ac Matrici∣bus Ecclesijs persoluendam; nec non siluarum possesso res huiusmodi ad praestationem Deci∣marum lignorum ipsorum excisorum in eis, sicut feni & bladorum omni censura Ecclesi∣astica fore Canonicè compellendos.

By this, Tithe of all kind of Wood was payable. But in the a 2.496 Parlament with which that Conuocation

was held, a Petition was exhibited by the Com∣mons, Que nul home soit tret en plee en Court Christien pur Dismes de bois ou de south bois si nonn en lieux ou tielx Dismes soloient estre donez. And the Answer was, Soit fait de cella auxi come il ad este fait einz cez heures.

XXIX.

And the yeer following, in the next Parlament, a b 2.497 complaint was against that Con∣stitution by the Commons. Item pria le Commen que come Constitution soit fait per les Prelats a prendre Disme de chescun mannere de Bois quel chose ne fuit vnques vsee, & que niefs & femes po∣ent faire testament que est contre reson. que plese per lui & per son bon conseil ordainer remedie, & que son people demoerge en mesme l'estate qu'ils so∣loient estre en temps de touts ses progenitours, & que Prohibitions soiēt grantes a touz ceux que sont empledes de Dismes de bois sans auoir consultation. Wich was no otherwise answerd, but with, Le Roy voet que ley & reason ent soient faits.

XXX.

Three yeeres after, in c 2.498 21. Ed. 3. a Petition was touching the same matter put thus in by the Commons. Item monstre la Commune come nadgairs Lerceuesque de Cantirbiry & les autres Prelats ordenerent vne Constitution a doner Dismes de subbois venduz tant solement, la ou a∣uant ces heures nulles Dismes furent donez, ore les gentz de Seint Esglise per force de la Constitution pernent & demandent les Dismes auxibien de gros bois come de subbois venduz & nient venduz e∣contre

oe qu'ils ont vsez puit temps de memoire, a grant damage de la Commone de quoi ils prient re∣medie del vn point & del autre. To this is answe∣red. L'erceuesque de Cantirbiry & les autres E∣uesques ont responduz que tiele Disme nest de∣mandee per reson de la dit Constitution forsque de subbois. But I well conceiue not why they com∣plain of the Constitution, as made only for the Tithe of Wood sold. no such thing appeares in it, that iustifies their supposition.

XXXI.

This tithing of Wood, and of such other things as were not of Custome paid, still vexed the Commons. And therefore againe in a Parlament d 2.499 of 25. Ed. 3. they exhibit this Peti∣tion. Item pria la Commone, que si la Clergie en droit des Dismes de haut bois & southbois ou d'au∣tre chose riens demandent ou attemptent de nouel forsque solement ceo & en les lieus d'ont ils ont este d'aunciens temps seisis come en le droit de lour Esglises, que pleise a nostre Seigniour le Roy ent granter Prohibition sans Consultation a touz ceux que le voillent demander en tiel cas, & que les dites gents de S. Esglise soient defenduz a deman∣der Dismes de grosse bois. Here the Commons would haue had such a libertie of discharge of Tithes not vsually paid, as the Philippine in France, and the like Edicts of some other Na∣tions giue the subiect. But the answer was, Le Roy & son Conseil se voillent de ceste Petition auiser.

XXXII. But vpon new Petition, by the Lords Temporall and Commons in the Parla∣ment of 45. Ed. 3. it was enacted (as you see in the published Statutes, agreeing with the Re∣cord) That Tithe should not be exacted of great Trees, being of XX. yeeres growth, or aboue. and that vpon a Suit commenced in the Spiritu∣all Court for such Tithes, a Prohibition should be granted, as it had been in former time also v∣sed. but that vse, it seemes, had been somewhat discontinued, through a reuerence giuen to that Synodall Canon of Archbishop Stretford. Al∣though in 50. Ed. 3. fol. 10. b. Belknap saies, That it was neuer seen, that Tithes had been deman∣ded of great Trees and of Timber. This Sta∣tute e 2.500 hath had still force in practice to this day.

XXXIII.

Yet, notwithstanding this Sta∣tute, the Clergie were not so contented; but vn∣der pretence that it was not indeed, by sufficient autoritie, made a Statute, but only an Ordinance (the contrarie whereof appears both in the Roll and in the consent of following time) oft times afterward brought the Temporaltie in question vpon their Canons; insomuch, that in the Par∣lament of f 2.501 47. Ed. 3. a Bill was put in by the Commons, reciting that of 45. Ed. 3. and then relating, that les persons de Seint Esglise enten∣dants que cel Ordinance ne restreint my lour aun∣ciene accrochements, surmettants que ce ne fuist

my afferme pur Estatut, font occasions in Court Christien a contrarie del Ordenance suisdit a grant damage del people, per qui pleise a nostre Seignior le Roy d'afermer la dite Ordenance pur Estatut a durer pur temps auener, & que Prohibition especi∣all sur mesme Lestatut de ceo soit fait en la Chan∣cellerie defendant que eux ne ••ignent plee en Court Christien des Dismes de bois del age auantdit, that is, of XX. yeeres. The answer hereto was, Soit tiele Prohibition grantee come ad este vse d'aunci∣en temps. Thus did the Clergie and Commons so differ touching the execution of the Canons; and insomuch, that afterward also the Com∣mons put in a Bill, g 2.502 Que nul Estatute ne Orde∣nance soit faite ne grante au Petition du Clergie si ne soit per assent de voz Commens. Ne que vous dites Commens ne soient obligez per nulles consti∣tutions qu'ils font pur lour auantage sanz assent de voz dites Commens. Car eux ne▪ veullent estre ob∣ligez a nul de voz Estatutz ne Ordinances fa••tz sanz lour assent. But the answer was only thus, Soit ceste mature declarè en speciall. This by the way.

XXXIV.

Here may be h 2.503 rememberd thatagreement in the Parlament at Salisburie, Quòd consultationes fieri debent de silua caedua, eo non obstante quod non renouatur per annum. But to what Parlament to refer that agreement, expres∣sed by Concordatum fuit coram Consilio Regis in Parlamento &c. I sufficiently know not, vnlesse

to that of 7. Rich. 2. held at Salisburie, the Rolls whereof hath nothing of it.

XXXV

· In 5. Hen. 4. a Bill was put in by the i 2.504 Commons, against the exaction of Tithes of Quarries of Stone and Slatt. Thus it speaks. Item priont les Commens que come plusors lieges nostre Seignior le Roy sont souent foits vexiz & trauaillez per Persons & Vicaires de Seint Es∣glise per Citations & Censures de Seint Esglise pur Dismes de Peres & Sclattes oueres & trahez hors de Quares de sicomne nul Disme de nul tiel Pierre ne Sclatte vnques ne feust demande de nulle Disme ent paie, que pleise a granter que si ascun Prohibition soit fait en le cas que nul Consultation soit grant a contrarie. Hereto the answer was, Le Roy s'aduisera. But you may see hereof more in the ancient Opinions of the Iudges, deliuered in the k 2.505 Register and l 2.506 Fitzherbert.

XXXVI.

In 27. Hen 8. chap. 20. it is ena∣cted by Parlament, That through all the Kings dominions, euery subiect according to the Eccle∣siasticall Laws and Ordinance of this Church of England, and after the laudable Vsages and Cu∣stomes of the Parish or other place where he dwel∣leth or occupieth, shall yeeld and pay his Tithes &c. And some other speciall courses for reco∣uerie of Tithes, are in that Act ordained.

XXXVII.

By the Statute of Dissolution of Monasteries of 31. Hen. 8. chap. 13. it was en∣acted, That the King and his Patentees should

hold the Possessions of the dissolued Monasteries discharged and acquited of payment of Tithes, as freely, and in as large and ample manner, as the Houses of Religion held them at their time of the dissolution.

XXXVIII.

After the dissolution of Mo∣nasteries, to which, diuers Tithes and Parish Churches had been appropriated, and were now setled in the Crowne, and thence conueyed into Lay hands, an Act was made in 32. Hen. 8. cap. 7. commanding euery man, fully, truly, and effe∣ctually, to diuide, set out, yeeld or pay all and sin∣gular Tithes and Offerings, according to the law∣full Customes and Vsages of the Parishes and Pla∣ces where such Tithes or Duties shall grow, arise, come, or be due. And remedie is giuen for Eccle∣siastique persons before the Ordinarie; and for Lay men, that claimed appropriated Tithes by grant from the Crown, in the secular Courts, by such actions as vsually Lay possessions had been subiect to.

XXXIX.

By the Acts of 27. Hen. 8. cap. 21. 37. Hen. 8. cap. 12. and the Decree made vpon them, the Citizens and Inhabitants of London and the Liberties were commanded to pay their Tithes to the Parsons, Vicars, and Curats of the Citie, according to a rate of the rents of their houses; that is, two shillings nine pence for eue∣rie pound. and that if no rent be reserued, the Tithe should be duly paid, according to what

their houses had been last letten for. and accor∣ding to that also, are owners bound to pay. But a Prouiso is in the Decree, That where a lesse summe then after two shillings nine pence the pound hath been accustomed to bee paid for Tithes, in such places the former custome should be continued. And some other particulars are in it, which are too long to be here transcribed. you may easily see it whole. But anciently, in London, on euery Sunday and other principall Feast day; the chief maintenance of the Ministers was en∣creased, by a farthing offered out of euery tenne shillings of rent. Ex Ordinatione antiqua, sayes Lindwood m 2.507, (and that Ordinance, as I haue heard, was either made by Roger Niger Bishop of London, in 13. Hen. 3. as a new one, or as a confirmation of former vse. as which of these, I purposely abstain here to enquire) in dicta Ciui∣tate, tenentur singulis Dominicis diebus & in prin∣cipalibus Festis & Sanctorum Apostolorum & a∣liorum quorum Vigiliae ieiunantur offerre pro sin∣gulis X. solidis redditus domus quam inhabitant vnum quadrantem. And the LII. farthings so yeerly paid on Sundaies only, came so neere to the iust Tenth of the rent, that they were thought on as a Tithe paid; the other being reputed ra∣ther by the name only of Offerings. Which you may see in the same Lindwood; where he disputes the question, whether those farthings excused the Citizens from personall Tithes of their gaines;

and concludes, that they did not. But before these Acts and the Decree, no Tithes, as Tithes, were generally paid in that Citie. in some places n 2.508 they were, as in the libertie of S. Martins le Grand, which is rather in London then of it. neither can I but here remember that custom of the Eastern Church thus maintaind chiefly with Offerings, or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, as they called them, which specially appears in the answere of Theodore o 2.509 Balsamon Patriarch of Antiochia, to Mark Pa∣triarch of Alexandria, touching the quantitie of what was to be offered. He tells him, that no cer∣tain quantitie is appointed by the Canons, and that through inequalitie of mens estates (none of them giuing any such part to the Church as that it could discouer their abilities) which per∣mits not a regular certaintie, they were conten∣ted with what custom and free bountie of the gi∣uers bestowed. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (saies he) 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. which is in substance the same before in English.

XL.

In 2. and 3. Ed. 6. chap. 15. it was ena∣cted that all prediall Tithes should be thence∣forth paid as of right they had been within for∣tie yeers next preceding, or according to custom ought to haue been, with allowance of Priui∣leges lawfull Prescriptions or Cōpositions reall. and personall Tithes of gain by merchandise and

artifice in such places, and as within XL. yeers preceding they had been accustomably vsed to be paid, are commanded to be paid yeerly at or before Easter. Other particulars and the reme∣dies giuen by the Act may be easier found in it, then I can transcribe them.

XLI.

To these may not amisse be added those Laws for Tithes, proposed by the VIII. persons chosen to begin a new body of Canon Law for England in 5. Ed. 6. according to the first purpose of the Statut of 25. Hen. 8. cap. 19. (which was seconded also by the Statut of 3 and 4. Ed. 6. cap. 11.) whereby XXXII. persons as∣signed by the King should haue made it. neither were those VIII. to haue giuen sufficient auto∣ritie to it according to those Statuts, without approbation of XXXII. afterward that should haue censurd their reformation. The VIII. were Thomas Cranmer Archbishop of Canterburie, Thomas Bishop of Elie, Richard Cox the Kings Almosner and Peter Martyr Doctors of Diui∣nitie, William May and Rouland Tailor Doctors of Law, and Iohn Lucas and Richard Gooderik Esquires. In what they proposed, is found a con∣stitution in the Kings name that all predial tithes should be paid in kind to the Ministerie integrè & expletè (with an exception of timber Trees of XX. yeers growth) as also of the profits of Milles, of Turbaries, Cole-mines, Quarries of stone and all other of like kind. Of all Agistments

also Tithes are there paiable, and of the encrease of all kind of beasts, wild and tame; of fish, of butter, cheese, milk, wool, wax. and the Statut of 2. and 3. Ed. 6. for Tithes is there receiud for so much of it as is not against a generall paiment which they would haue had ordaind. But these as the rest in the Volume with them, were only intended for Laws, but neuer had sufficient au∣toritie or confirmation. The intent was first that those Canon Laws only, which according to the purpose of the two Statuts of Hen. 8. and Ed. 6. should be compiled, might haue autoritie in the Vniuersities, and force in practice; but so, that there might still be praeseruatio legum nostrarum communium in suo vigore remanentium, as the words are in the Patent of Ed. 6. that authorizes the VIII. persons to consult about them.

For our Laws of Tithing either made or de∣sired, thus much. But before we speak of the Pra∣ctice, it is requisit that we enter into some dis∣quisition touching Parishes or Parochiall right according wherto at this day from ancient time the paiment of Tithes is regularly performed.

CAP. IX.

I. Of Parishes in the Primitiue Church of the Britons.

II. Parishes in the Primitiue Church of the En∣glish Saxons. first limited only in regard of the

Ministers function, not of Parochiall profits. all the profits of euery whole Diocese, first made a common treasure to be disposed of by the Bi∣shop and his Clergie, of the same Diocese. Resi∣dence of the Bishop and Clergie in those times. The great regard then had to euery Clergie man.

III. Of diuision of our Parishes. whether Ho∣norius Archbishop of Canterburie first deuided them. Parochia or Paroecia diuersly taken.

IV. Lay-foundations of Parish Churches; from whence chiefly came Parochial limits in regard of the profits receiud to the singular vse of the Incumbents. Limitation of Tithes by K. Ed∣gar to the Mother Parish Church, or Monaste∣rie. Monasteries preferd before other Churches for buriall. Mortuaries. Minstre. a third part of Tithes (according to K. Edgars Law) must be giuen to a new-built Church that had right of Sepulture by the Founder. Sepultura and Bap∣tisterium. Capella Parochialis. a Parish com∣manded to be made (out of another that was too large) by the Pope. one Parish ioind to another by the King.

IN consideration of our Parish Churches and Parochiall limits, the times of the Britons first, then of the English-Saxons and fore∣ward are to be thought of. that is, the elder times of their Christianitie.

I.

For the Britons; litle or no Testimonie of credit is extant that discouers the Ecclesiasticall policie vsed by them, in their primitiue times, or declares the possessions of their Hierarchie. And we omit here wholy what might be collected out of that fabulous tale of Augustine preaching at Cometon in Oxfordshire, whereof more in the next Chapter. Although K. Lucius had institu∣ted XXVIII. Bishops, and III. Archbishops (as the British storie tells vs) yet, how in those Dioceses any distinct Parishes were, appears not expresly. But we may very well think that such kind of Parishes only were in those Bishopriques as we haue alreadie * 2.510 shewd to haue been in the Primitiue Church elswhere. neither is it likely that in those times, the custom of this Island therein should differ from what was euen vni∣formly receiud through those parts of Christen∣dom, wherof we haue best testimonie remaining. But if all ancient autoritie were of credit, Parish Churches expresly mentiond of about the time of CCCCXC. and endowd as at this day might be found among the Britons. For when Dubritius was made Archbishop of Southwales which they called Dextralis Britannia, and his See appointed at Landaff vnder Mouris Prince of that Wales, diuers Churches with their en∣dowments of Tithes, Oblations, and other pro∣fits were appropriated to him and his successors; by the relation of an old Autor.

Propter san∣ctitatem

suam (are his a 2.511 words) & praedicatio∣nem praeclaram Beati Pastoris & regalem pa∣rentelam suam plures Ecclesiae cum suis doti∣bus, Decimis, oblationibus, sepulturis, Ter∣ritorijs & libera communione eorum datae sunt sibi & successoribus suis omnibus à Regi∣bus & Principibus totius regni Dextralis Bri∣tanniae. and then, Videns autem sanctus Du∣britius Largifluam potentum manum erga si∣bi comissam Ecclesiam, partitus est discipulos mittens quosquam discipulorum suorum per Ecclesias sibi datas, & quasdam fundauit Ec∣clesias, & Episcopos per dextralem Britanni∣am coadiutores sibi, ordinatis Parochijs suis, consecrauit.

But this Autor wrote not be∣fore about the beginning of the last CCCC. yeers from Christ, and spake of these things in the phrase of his own time. the hand and context and their relations in him iustifie it. he talks, you see, of Churches endowd and appropriated and founded, as if he meant no other then such as now are conueiable by Patrons and Ordinaries in the course of appropriations vsed in later a∣ges, and filled with Incumbents that had in them like estates and particular interest in the profits as Parsons at this day. indeed, that in those times Churches were built here, no doubt can be made; neither is it to be conceiud how b 2.512 Chri∣stianitie could he in any Nation much ancienter (if generally receiud, or by any number) then

Churches or some conuenient Houses or other places in the nature of Churches, appointed for the exercise of deuotion. and expresse mention c 2.513 is of a Church built here in the time of the Ro∣mans, to the honor of S. Martin in which Augu∣stin and his followers when they came first from Rome, made their holy assemblies, and others al∣so they repaired. and saies Gildas, of the Clergie of his time, that is about D.LXXX. Ecclesiae dom{us} habentes, sed turpis lucri gratia eas adeuntes. But I ghesse, that vnder Dubriti{us} few or no parish Churches were otherwise erected then for con∣uenient places for such Ministers as the Bishop out of his Clergie arbitrarily sent thither, and that the offerings & other profits there receiud were to the common treasurie of the Diocese, and to be dispensed as is before declared, where we speak generally of those elder times. & in re∣gard no more certainty of the establishing of the endowments, or places of residence in the British Hierarchie, may be found, I willingly permit to euery man his own coniecture.

II.

For the age of the Saxons; we read that Augustin and his companie, when they first came to K. Ethelbert in Kent, began there to imitat d 2.514 Apostolicam primitiuae Ecclesiae vitam, ea tantum quae victui necessaria videbantur ab eis quas doce∣bant accipiendo, and, that after they had conuer∣ted the King, they builded and repaired Chur∣ches. maiorem praedicandi per omnia, & Ecclesias

fabricandi vel restaurandi licentiam accipiebant. So Ethelbert in his Charter of foundation (if you will beleeue the autoritie e 2.515 whence we haue it) of his Abbey in Canterburie, talks of alias quas fabricaui Ecclesias. And doubtlesse those Churches which they built, or repaired, as also the Temples of the Gentiles which by aduise of Pope Gregorie to Mellitus were not to be de∣stroied, but conuerted to Christian seruice, had some kind of limits of adioining Villages or Towns, and so were in that respect Parochiall. But those limits and Churches were variously chosen and assigned to ministring Priests, accor∣ding to the conuenience of the assembling of the Neighbour-inhabitants; but not so ordaind that euery Parishioner was bound to keep his deuoti∣on within the limits of this or that parish church. that is, Parishes were then limited only in regard of the ministring Presbyterie (whence they were called scriftscyrean i. circuits, within which the Priests exercised their shriuing) but not in re∣gard of the profits receiud from the Parishio∣ners. For the whole Diocese (first of Canterbury, thē of the other elder Bishopriques, as they were instituted) was indeed the only limited Parish, in regard of the Parishioners profits. & the Cler∣gie of the Bishop, that is, his familie of Church men, were the Curats in inferior Churches, ac∣cording as the Bishop appointed and altered them; and whatsoeuer they receiued through

deuotion of good Christians, made vp a com∣mon treasure for the whole Diocese (whence it followd, that it was not materiall at what church any Parishioner offerd his Christian bountie, so he did it within the Diocese) which was both consonant to what is found to be the vse of o∣ther Churches in the Primitiue times, and is also confirmed by that Augustin in his question to Pope Gregorie, touching Bishops. he demanded qualiter cum suis Clericis conuersentur? vel de his quae fidelium oblationibus accedunt Altari, quantae debeant fieri portiones? whereto the Pope answers that the custom is generally to make a quadri∣partit diuision for the Bishop, for his Clergie, for the Poor, and for reparation of Churches. but he admonishes him, that in the tendernesse of the English-Saxon Church, he and his Cler∣gie should still imitate the communitie of all things vsed in the Primitiue times vnder the A∣postles. The Saxon of that question f 2.516 is obseru∣able.

AErest be Bisceopum; hu hie mid hiora gefe∣rum drohtian & lufian scylen. Oððe in þaem lacum geleaffumra þe hie to ƿeofodum, & to godes cyri∣cum brengað, hu monige daelas þara beon scyle,

, that is,

first concerning Bishops. how they should bear themselues among their Clergie, or how many parts they should haue in the offerings that good Christians brought to Altars and to Gods Chur∣ches.

here it is more plainly exprest, that whate∣uer came to any Altar or Church, within the

Diocese, was one common profit to be deuided or emploied, as Pope Gregorie answers; where he tells him also that the Bishop and his Clergie g 2.517 must liue together, Sed, saith he, quia frater∣nitas tua Monasterij regulis erudita, seorsum viue∣re non debet à Clericis suis in Ecclesia Anglorum &c. So that you may collect that in these Pri∣mitiue times of the English-Saxon Church the Bishop and the whole Clergie of the Diocese were as one body liuing vpon their endowments (bestowd on the Bishoprique) and their treasure that came from the sundrie places of deuotion whither som one or other of them at the Bishops appointment, was sent to preach the Word and minister the Sacraments. euery Clerk hauing his diuidend for his maintenance. Neither in these elder times, I think, did any of these of his Cler∣gie or Chaplains vsually reside elsewhere then with him at his Bishoprique (as Deanes and Chapters at this day) or in some Monasteries whence they might as occasion required, at cer∣tain times go into those Parishes which were di∣stinguished only for seuerall functions of those Chaplains, lest want of such distinction might the sooner haue caused also a want of speciall discharge of this or that Cure. so that there were singularum Ecclesiarum Presbyteri h 2.518 qui populum erudire debent, and they were particularly or∣daind for the Title of this or that Church, and euery one was bound by our canons of that time

not to leaue the Church for which he was so or∣dained. And from their residence with the Bi∣shop, or out of the Parish in Monasteries, came it, as it seemes, that they were but rarely seen a∣broad among the people. for so rarely were they seen abroad, that when euer any of them were es∣pied in the Countrey, the people vsed presently to flock about him, and with all reuerence hum∣bly to beseech his Benisons, either by signing them with the Crosse, or in holy prayers for them; and, with all earnestnesse of attention, they heard what he preached. This is that * 2.519 which Bede teaches, when he tells vs, that si quis Sacer∣dotum in vicum forte deueniret, mox congregati in vnum vicani, verbum vitae ab illo expetero cura∣bant. And againe, Erat quippe moris ••o tempore populis Anglorum, vt, veniente in villam Clerico vel Presbytero, cuncti ad eius imperium verbum audituri constuerent, libenter ea quae dicerentur audirent, libentiùs ea, quae audire & intelligere poterant, operando sequerentur. How long this communitie in euery Diocese between the Bi∣shop and his attending Clergie (which is deno∣ted often by the name of Episcopi Clerus) con∣tinued, fully appears not. But, that it was not out of vse till past more then C. yeers after Au∣gustines comming, that is, till past D.CC. yeers from Christ, may be coniectured out of those testimonies of Bede, which extend as farre.

III.

Yet it is commonly receiud, that Ho∣norius,

the first Archbishop of Canterburie after Augustine, about the yeer D.C.XXX. first diui∣ded his Prouince into Parishes. And in the late historie of the Archbishops of Canterburie, writ∣ten by M^r Ioscelin, it is thus deliuered of him. Neque solùm Episcopos tanquam superiores tur∣rium custodes Ecclesiae superimpo suit, sed etiam, Prouinciam suam primus in Parochias diuidens, inferiores Ministros ordinauit. And according to this, haue some of our greatest and most learned Writers related. But I doubt much how it can at all stand with truth. For if Parochiae be here meant only for such as were assigned Limits for those which were sent arbitrarily from the Bi∣shop, out of the number of his Chaplains, or his Clerus, residing for the most part, in those elder times, with him at his Bishoprique; then cleere∣ly, Honorius was not the first that made diuision of them. Such kind of Parochiae are euen neere as ancient as Bishopriques; and questionlesse, in Augustines time. how could otherwise, Gods Seruice be orderly had in the Infancie of the Church? And when euer seuerall Churches for Christian Seruice, or other places for holy As∣semblies, began, then began such Parochiae. And that Churches were built here before Honorius his time, is before manifested. If, on the other side, Parochiae be taken for what it's vsually vn∣derstood, that is, for such Limits as now make Parishes, bounded as well in regard of the profits

receiud from the Parishioners (due only to the Minister of that Church) as of the Incumbents function and residence; how will that stand with the communitie of Ecclesiastique profits, and the Bishops and his Clergies liuing together, that may be without much difficultie discouered out of Bede, to haue continued after Honorius also? But where euer that testimonie of his diuiding Parishes was first found, I doubt it was mis-vn∣derstood, through the various signification of Parochia. For in those ancient times, Parochia vsually denoted as well a Bishoprique, or Dio∣cese, or bisceope scyre, as the Saxons called it, as a lesse Parish. That signification is very obuious in the old Councells of both Tongues (as it is also specially obserued by the learned Filesacus in his Paroecia) and in the moniments of this Kingdome. For it is related of King Cenwalch, that he diuided i 2.520 Prouinciam in duas Parochias, when he made a new Bishoprique at Winchester, that was taken out of the Diocese of Dorchester. And in the Councell of Hertford, held vnder Theodore Archbishop of Canterburie, one Ca∣non is k 2.521, Vt nullus Episcoporum Parochiam al∣terius inuadat sed contentus sit gubernatione cre∣ditae sibi plebis. So in Florence of Worcester, vn∣der the yeere D.C.LXXX. Merciorum Pro∣uincia in quinque Parochias est diuisa, that is, into fiue Bishopriques. And the truth is, that it may be said properly enough, that Honorius was the

first vnder whom his Prouince was diuided into such Parochiae, or Bishopriques. that is, No other Bishopriques (except Canterburie, London, and Rochester) were in his Prouince vntill his time; those three being almost of one antiquitie. But vnder him, Byrinus was made first Bishop of the West-Saxons, and had his See or Bisceop setle (as they calld it) at Dorchester, and Foelix the Bur∣gugnone was likewise ordaind first Bishop of the East-Angles at Dunwich. Which two Ordina∣tions, in regard the like had not been in this Prouince of Canterburie from Augustines time till this Honorius, were perhaps the cause why it might be related, that Honorius primus Prouin∣ciam suam in Parochias diuisit. Which, al∣though it were to be conceiud of such Parishes as at this day wee call by that name, yet could not extend to all his Prouince. For not till long after his time, was Christianitie receiud in the Kingdome of Sussex, which was first conuerted by Wilfrid, first Bishop of Selsey, in the yeere D.C.LXXIX. Hitherto then, for aught can out of ancient Moniments be proued, no Limits Parochiall, in regard of the profits to be receiud from the Parishioners, and spent by this or that Minister only, were assigned. But the ancient course of a kind of communitie of all profits of the Diocese, with the Bishop and his Clergie, remaind still in vse. Neither was the interest of many Churches, it seems, as yet here in any Lay-founders.

But the Bishops, as I thinke, had both the interest and gouernance of the Churches built by the King, and tooke care for building new in their owne endowments, and hallowing old ones, that had been either prophaned since Christian Seruice vsed in them among the Bri∣tons, or formerly consecrated only to Heathen∣isme. So may you vnderstand that of Byrinus, first Bishop of Dorchester. Factis dedicatisque Ecclesijs multisque ad Dominum, pro eius labore, populis aduocatis, migrauit ad Dominum, as Bedes words are; in the Saxon of which it is exprest, that the Ciricean ƿorhte & gehalgode, that is, made Churches, and hallowed them.

IV.

But afterward, when deuotion grew fir∣mer, and most Lay men, of faire estate, desired the Countrey-residence of some Chaplains, that might be alwaies readie for Christian instructi∣on among them, their Families, and adioyning Tenants; Oratories and Churches began to be built by them also: and being hallowed by the Bishops, were endowed with peculiar mainte∣nance from the Founders, for the Incumbents that should there only reside. Which mainte∣nance, with all other Ecclesiastique profits that came to the hands of euery such seuerall Incum∣bent (in regard▪ that now the Lay-founder had, according to the Territorie of his De∣mesnes, Tenancies, or neighbouring Possessions, made and assigned both the Limits within which

the holy Function was to be exercised, and ap∣pointed the persons that should repaire to the Church, and offer there, as also prouided a spe∣ciall Salarie for the performance) was afterward also restraind from that common Treasurie of the Diocese, and made the only reuenue, which became perpetually annext to the Church of that Clerk who receiued it. Neither was it won∣der, that the Bishops should giue way to such restraint. for had they denied that to Lay foun∣ders, they had giuen no small cause also of re∣straining their deuotion. Euery man, question∣lesse, would haue been the vnwillinger to haue specially endowd the Church, founded for the holy vse chiefely of him, his Familie, and Te∣nants, if withall he might not haue had the liber∣tie to haue giuen his Incumbent, there resident, a speciall and seuerall maintenance; which could not haue been, had the former communitie of the Clergies reuenue still remained. Out of these Lay foundations chiefely, doubtlesse came those kind of Parishes, which at this day are in euery Diocese. their differences in quantitie being ori∣ginally out of the difference of the seuerall Cir∣cuits of the Demesnes or Territories possessed by the Founders▪ And after such time as vpon Lay foundations, Churches had their profits so limited to their Incumbents, no doubt can be, but that the Bishops, in their Prebends, or Ad∣uowsons of Parishes, both in Cities and in the

Countrey, formerly limited only in regard of the Ministers Function, restraind also the pro∣fits of euery of their seuerall Churches, to the Incumbents; that so a vniformitie might be re∣ceiued in that innouation of Parochiall right. At what time these Lay foundations began to be frequent, plainly enough appears not. But some mention is of them about the yeer D.CC. as you may see in m 2.522 Bede, where he speaks of one Puch, a Saxon Noble man, that had built a Church, and entreated Iohn, Bishop of Hangul∣stad, to consecrate it; and the like also of one Addi. Alio item tempore, sayes hee, vocatus ad dedicandum Ecclesiam Comitis vocabulo Addi. Some such more, of about that time, may bee found. But about the yeere D.CCC. many Churches, founded by Lay men, are recorded to haue been appropriated to the Abbey of Crow∣land, as you see in the Charters of Confirmation made by Bertulph King of Mercland, and of o∣thers, to the same Abbey, reported by Ingulphus. Whence it may bee obserued, that by this time Lay foundations were grown verie com∣mon, and Parochiall Limits also of the Parishio∣ners deuotions. And in a Councell held in D.CCC.XVI. vnder Wilfrid, Archbishop of Canterburie, wee find, Vbi Ecclesiae aedif••centur, à propriae Diocesis Episcopo sanctificentur. And a Canon of the n 2.523 same Synod ordains, That vpon the death of euery Bishop, Statim per sin∣gulas

Parochias in singulis quibusque Ecclesijs, pulsato signo, omnis famulorum Dei caetus ad Ba∣silicam conueniat. Ibique paritèr XXX. Psalmos pro defuncti anima decantent, & posteà vnusquis∣que antistes & Abbas DC. Psalterios & CXX. Missas celebrare faciat, & tres homines liberet, & eorum cuilibet tres solidos distribuat &c. with other Ceremonies of Fasting and Prayer (according to the time) for the soule of the Bi∣shop. Here, it may seem, Parishes limited as at this day, are vnderstood. But the first expresse mention of limitation of profits (other then of the endowing) to bee giuen to this or that Church, is in those Laws of King Edgar, made about D.CCCC.LXX. where a three-fold diuision is of Churches. the first is called Ealdan Mynstre, that is, Senior Ecclesiae, which * 2.524 name anciently was giuen to Cathedrall Churches; the second, a Church that hath Legerstoƿe, or place for Buriall; the third, a Church that hath no Legerstoƿe. Where it is ordaind, that euery man, hauing not erected a Church of his own, should pay his Tithes to the Ealdan Mynstre ðe seo hyrnesse to hyrþ; that is, to the ancientest Church or Monasterie where he hears Gods seruice. Which I vnderstand not otherwise, then of any Church or Monasterie, whither vsually in respect of his Commorancie or his Parish (determined according to the Farmes, Houses and Lands, occupied with those Houses or Farmes) he re∣paired;

that is, his Parish Church or Monasterie. For we must remember, that in those times, Mo∣nasteries (which somewhat before Edgar o 2.525 were for the most part filled with secular Clerks, who also, as other Clergie men took pains abroad in the spirituall Haruest; and vnder him by Arch∣bishop Dunstans procurement were restored on∣ly to Cloister Monks or Benedictines) aswell as other Churches erected either by Bishops or Lay men, were in many places the only Orato∣ries & Auditories that the neer Inhabitants did their deuotions in, and perhaps were in regard of buriall most commonly preferd before other Churches whatsoeuer. which may be collected from a Canon of an p 2.526 old Synod of Ireland held about these elder times of the English Church. neither is it likely but that the manners of these Northern Churches in that age were enough a∣greeable to each other. In that Synod it appears that any man might haue bequeathed his buriall to what Abbey best pleased him, and that the Abbot to whose Monasterie the bequest was made, should haue the Apparell of the dead, his Horse and his Cow for a Mortuarie, although he had before solemnly giuen all that he had to any other Abbot. whence may easily be conie∣ctured that Monasteries were in chiefest reputa∣tion for q 2.527 buriall, and had a right of it before a∣ny other kind of Parochiall Church, if the dead made choise of any of them. and by the way for

that course of paiment of a motuarie (which the Saxons,r 2.528 I think, calld saƿlsceat) the same Synod affirmes, that Omne corpus sepultum habet in iure suo Vaccam & Equum & Vestimentum & Orna∣mentum sui Lecti; nec quicquam horum reddetur in alia debita, quia corpori eius tanquam vernacula debentur. and although the certain age of that Synod appears not, yet it was after such time as Parishes were limited in regard of the Parishio∣ners repairing to one certain Church and gi∣uing their deuotions there only. for in it also are these words: quicunque discesserit de sua Eccle∣sia & in alia Ecclesia sepultus fuerit &c. what can sua Ecclesia be but such a kind of Parish Church, as at this day is titled so? that is, one li∣mited in regard of the Parishioners and their profits receiued from them. But, in that of Ed∣gars ealden Minstre, it is plain that although Minstre specially denote a Monasterie, yet all o∣ther Parish Mother Churches are vnderstood by it. and indeed dyric and Minstre are frequent, as Synonomies in the Saxon moniments. But as the first part of his Law that giues all Tithes to the Mother Church of euery Parish, meant in them a Parochiall right to Incumbents, so also the se∣cond part, that permits a third portion of the Founders Tithes to be setled in a Church new built, wherto the right of Sepulture is annexed, makes a dispensation for a Parishioner that would build such a Church in his Bocland or land

possessed optimo iure, or as inheritance deriued from a Charter of feoffment. And howeuer that second part also of this Law, is iterated by King Knout, yet I doubt not but that such new erecti∣ons within old Parishes bred also new diuisions which afterward became whole Parishes, and by conniuence of the time, took (for so much as was in the Territorie of that Bocland) the former Pa∣rochiall right that the elder and Mother church was possessed of. For, that right of Sepulture or hauing a legerstoƿ, was, and regularly is a Cha∣racter of a Parish Church or Ecclesia, as it is commonly distinguished from Capella. and an∣ciently if a quare impedit had been brought for a Church, whereas the defendant pretended it to be a Chappell only, the issue was not so much whether it were Church or Chappell, as whether it had Baptisterium or Sepulturam, or no. so it appears in a case of r 2.529 23. Hen. 3. where William of Whitanston in his count against the Archbi∣shop of Canterburie, expresses, Ecclesiam de Hey in Sussex to be of his aduowson, and the Arch∣bishop pleads that what he calls a Church, non est Ecclesia, imo Capella pertinens ad matricem Ecclesiam de Terringes, ita quod non est ibi Bapti∣sterium neque Sepultura imo omnes qui nascuntur ibidem baptizantur apud Terringes, & similiter omnes qui ibi moriuntur, sepeliuntur apud Ter∣ringes &c. and thence was it also that the whole Clergie of England put the inquirie of such an

issue among their grieuances, when in 21. Hen 3. they desired Otho the Popes Legat, among other freedoms, to get for them of the King, Quod s 2.530 iu∣dices seculares non decidant causas Ecclesiasticas in soro seculari, nec tales homines determinent v∣trum talis Capella debeat habere Baptisterium & Sepulturam an non. For, if it had the right of ad∣ministration of Sacraments in it and Sepulture also, then differd it not from a Parish Church, but might be stiled Capella Parochialis, by which t 2.531 name some Chappels are with vs known. and in the Saxon times also we find Coemiterium u 2.532 Ca∣pellae, for the buriall place of a Chappell, which must be vnderstood of a Church that had the like right as that which is mentiond. in the se∣cond part of Edgars Law. and those other chur∣ches which in his and K. Knouts Laws are spo∣ken of, that is, Churches without buriall places, feldcyrican, or field-Churches, are only what at this day we call Chappels of ease, built and con∣secrated for Oratories, but not diminishing any thing of the Mother Churches profits. But also besides those originall Lay foundations, some Parishes haue had other beginnings since from alterations made in regard of the inconuenience of their former limits. And this by direction or autoritie both from the Pope, or Bishops, ac∣cording as they saw occasion exacted; and from the King. For the Pope; we may see in the exāple remaining in the Decretals x 2.533, where Pope Alex∣ander

the third sends his Decree to the Archbi∣shop of York, reciting that in a complaint made to him, he had heard that a certain Town in his Prouince was so distant from the Parish church, that it was very difficult for the Inhabitants to repaire thither, especially in winter, and withall that the Church reuenue of the Parish (although that Town were exempted) was not insufficient for the Minister of the Mother Church, where∣fore he commands the Archbishop to build in that Town a Church, and with assent of the Founder of the Mother Church, to institut at the Presentation of the Rector an Incumbent there, that might haue to his own vse all Eccle∣siastique profits encreasing in the limits of the same Town, and so acknowledge a superioritie to the Mother Church, and that he should do it also whether the Rector of the Mother Church would assent or not. For the King; an old y 2.534 ex∣ample is in 13. Hen. 3. where because the Church of S. Peeters in Chichester was very poor, & that only two Parishioners were in it, the King at re∣quest of Ralf Neuill then Bishop there & Chan∣celor of England, grants, quod eadem Ecclesia demoliatur & praedicti duo Parochiani qui specta∣bant ad ipsam assignentur imperpetuum Hospitali S. Mariae, quod eidem Ecclesiae est vicinum, vt ibi deinceps percipian•• spiritualia & sint Parochiani eiusdem Hospitalis. And such like commands, oc∣casions, and conueniences, doubtlesse haue al∣terd

and made the limits of diuers Parishes eue∣riewhere, both in the Countrie and Cities, which haue to this day many of small Territorie, but of large number of Communicants. For Parochi∣all limits, thus much.

CAP. X.

I. The Practice of Tithing. Of K. Cedwalla's Tithing, being no Christian. the custom of the German-Saxons, in sacrificing their tenth cap∣tiue to Neptune. Decima vsed for a lesse part also in ancient moniments.

II. The Practice of Tithing in the Christian times of our Ancestors. the tale of Augustin and the Lord of Cometon touching non payment of them. the Tithe of euery dying Bishops substance to be giuen to the poor, by an old Prouincial Sy∣nod: Tithes how mentiond in Domesday. Testi∣monies of payment of them. Henrie the thirds grant of the payment of tithe of Hay & Mils out of all his demesnes. The beginning of Parochi∣all payment of Tithes in common and established practice in England. How that common asser∣tion; that euery man might haue disposed his tithes at his pleasure, before the Councell of La∣teran, is true and to be vnderstood.

THe Laws of this Kingdom for payment of Tithes, and the originall of Parochi∣all right to profits accruing within the

limits of euery Parish Church (which were, after Lay foundations grew common, distinguished according to the adiacent possessions and tenan∣cies of the Founders, and their Farmes, Man∣nors, Towns, and the like) being hitherto de∣clared; the Practice of the times remaines to be also discouered.

I.

In that, something also is obseruable a∣mong the Ancients of this Kingdom of a kind of Tithing, related to haue been where Christia∣nitie was not yet receiued. Some of them tell vs of Cedwalla King of the West-Saxons, that be∣fore his being made Christian (about the yeere DC.LXXXVI.) he tithed all his spoiles of Warre to the Deitie. So the Monk of Malmes∣burie. Arduum memoratu est, saith he, quantum etiam ante baptismum inseruiret pietati, vt omnes manubias, quas iure praedatorio in suos vsu•• tran∣scripserat, Deo decimaret. neither, if he did so, was it without some example of his Ancestors the German-Saxons (whence England was chief∣ly filled) who were wont to sacrifice to Neptune (I think) the Tenth of all captiues taken in their pyracies and incursions made by Sea vpon the Gaules specially▪ so saies my Autor, that liud about the time of the German-Saxons first arri∣uall here. his a 2.535 words, of them are. Praetereà priusquàm de continenti in patriam vela laxantes, hostico mordaces anchoras vado vellant, mos est re∣meaturis Demimum quenque captorum per aquales

& cruciarias poenas, plus ob hoc tristi quod supersti∣tioso ritu, necare super que collectam turbam peri∣turorum mortis iniquitatem sortis aequitate disper∣gere. Talibus se ligant votis, victimis soluunt: & per huiusmodi non tam sacrificia purgati quam sa∣crilegia polluti, religiosum putant caedis infaustae perpetratores, de capite captiuo magis exigere tor∣menta quam pretia. Neither, I think, is any other expresse mention of this their Tithing, among ancient moniments. and, for that their sacrifi∣cing to Neptune; indeed the Autor Apollinaris here mentions him not. but, it being done at Sea and per aquales (for so is the true reading, al∣though some there read aequales poenas) you may wel coniecture it was to Neptune or to their supposed Deitie of the Sea. and thus the most learned and noble Monsieur Sauaron in his notes vpon Apollinaris, expresly also makes it a sacri∣fice to Neptune. and although it be true that a∣mong their gods we find none namd, that is de∣noted to answer to Neptune, yet, that some Dei∣tie of the same nature, that is some great Sea god was in their superstitions, may be easily collected not only from this relation of their cruell deuo∣tions, but also from their wondrous and accurat obseruation of the ebbs and flouds (called by them Ledons and Malins) which were the b 2.536 chief Directors of their account of times, as the Sun and Moons motion hath euer been to other Na∣tions. which doubtlesse was no small cause that

the Sea was to them reputed a Deitie, as the Sunne and Moone also, before other Crea∣turers, in the ancient Theologie of the Gen∣tiles. But for that of Cedwalla; let it be vpon Malmesburie credit, that he tithed his spoyles. Bede, who might better haue knowne it then Malmesburie could, relates no such thing of him. He sayes only, that when he conquerd the Isle of Wight, according to a vow that hee made to the Deitie, hee gaue for the Lords vse, the fourth part of the Isle (that is, CCC. Hides or Plough-lands of M.CC.) and of his Martiall gaines, to Wilfrid, Archbishop of Yorke, then being in those parts in banishment, and Bishop of Seseley. And c 2.537 Fridegod, that in the Saxon times wrote the life of Wilfrid in Verse, sayes hereof only by Apostrophe to Cedwalla,

Tu quoque Pontificem multâ tellure beâsti,

and mentions no more in particular. That which in the Latin Bede, in this storie, is called Fami∣lia, is hyd in the Saxon. And perhaps only such a kind of giuing a fourth, or any part, vpon vow to the Lord, was in that passage of Malmesburie vnderstood for Tithing. Why might it not, as well as the foure Thraues of Corne of euerie Plough-land, in the East-riding of Yorke, giuen by King Athelstan to the Church of S. Iohn of Beuerley (which came, on the other side, not neer to the Tenth) are stiled Decimae in a Bull of one of the Pope Gregories (I thinke the ninth)

which I haue seene transcribed. As if Decimae in one notion had signified any kind of reuenue, deuoutly offered to holy vses. as, vpon other rea∣son, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 denotes also 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 among the Greeks. Those foure Thraues of euery Plough∣land were, before that Grant, payable into the Kings Auenarie d 2.538 by custome of the Countrey. And in Athelstans Charter (as I e 2.539 found it tran∣scribed) they were thus exprest,

ða forne ðraue by heuen cyng Of ilc a plou of Estreding.

And for that more generall notion of Decima or Decimatio, I haue seen the transcript of a Deed made f 2.540 by Robert de Hesel to the Monasterie of Giseburne in Yorkeshire, wherein hee giues duas garbas de tota terra quam de nouo colui in Territorio de Hesel postquam illam tenui aut quam ego de caetero colam vel haeredes mei, ita vt De∣cimatio haec cedat in fabricationem Ecclesiae nouae de Giseburne. Here the gift of two Sheaues is called Decimatio.

II.

For the practice of payment among Christians, both Britons and Saxons; might wee beleeue the common tale of that Augustine, the first Archbishop of Canterburie Prouince, his comming to Cometon in Oxfordshire, and doing a most strange miracle there, touching the esta∣blishing of the Doctrine of due payment of Tithes, wee should haue as certain and expresse

autoritie for the ancient practice of such pay∣ment, as any other Church in Christendome can produce. But as the tale is, you shall haue it, and then censure it. About the yeer (they say) DC. Augustine comming to preach at Cometon, the Priest of the place makes complaint to him, that the Lord of the Mannor hauing been often admonished by him, would yet pay him no Tithes. Augustine questioning the Lord about that default in deuotion; hee stoutly answered, That the tenth Sheaf doubtlesse was his that had interest in the nine, and therefore would pay none. Presently Augustine denounces him ex∣communicate, and turning to the Altar to say Masse, publiquely forbad, that any excommuni∣cat person should be present at it, when sudden∣ly, a dead Corps, that had been buried at the Church doore, arose (pardon me for relating it) and departed out of the limits of the Church∣yard, standing still without, while the Masse con∣tinued. Which ended, Augustine comes to this liuing-dead, and charges him in the name of the Lord God to declare who hee was. Hee tells him, that in the time of the British State he was huius villae Patronus, and although he had been often vrged by the Doctrine of the Priest to pay his Tithes, yet he neuer could be brought to it; for which he died, he sayes, excommunicat, and was carried to Hell. Augustine desired to know where the Priest that excommunicated him, was

buried. this dead shewed him the place; where hee makes an inuocation of the dead Priest, and bids him arise also, because they wanted his help. The Priest rises. Augustine askes him, if he knew that other that was risen. he tells him, yes; but wishes he had neuer known him. for (saith hee) he was in all things euer aduerse to the Church, a detainer of his Tithes, and a great sinner to his death, and therefore I excommunicated him. But Augustine publiquely declares, that it was fit mercie should be vsed towards him, and that he had sufferd long in Hell for his offence (you must suppose, I thinke, the Autor meant Purgatorie) wherefore hee giues him absolution, and sends him to his graue, where hee fell againe into dust and ashes. Hee gone, the Priest new risen, tells, that his Corps had lien there aboue C.LXX. yeers; and Augustine would gladly haue had him continue vpon earth againe, for instruction of Soules, but could not thereto entreat him. So he also returns to his former lodging. The Lord of the Town standing by all this while, and trem∣bling, was now demanded if hee would pay his Tithes; but he presently fell down at Augustines feet, weeping and confessing his offence; and re∣ceiuing pardon, became all his life time a follow∣er of Augustines. Had this Legend truth in it, who could doubt, but that payment of Tithes was in practice in the Infancie of the British Church? The Priest that rose here from the

dead, liud (if he euer liud) about CCC.XXX. after Christ, and would not surely haue so taxed the Lord of this Mannor only, if the payment had not been vsually among other good Christi∣ans here, not taught only, but performed also. Neither need I admonish much of the autoritie of it. the whole course of it directs you how to smell out the originall. Beside the common Le∣gend of our Saints, it is in some Volumes put a∣lone, for a most obseruable Moniment. and I found it bound vp at the end of the Ms. life of Thomas Becket, Archbishop of Canterburie, writen by Iohn de Grandisono. and it remains in the publique Librarie of Oxford. There also you haue it related in Ioannes Anglicus g 2.541 his Historia Aurea, and, in the Margine, are noted to it these words: Hoc miraculum videbitur illis in∣credibile qui credunt aliquid Deo esse impossibile. sed nulli dubium est quod nunquam Anglorum du∣rae ceruices Christi iugo se submisissent nisi per mag∣na miracula sibi diunitus ostensa. But let the truth be as it will, I doe not beleeue, that the fable can be found, nor any steps of it, aboue CCCC. yeer old at most. But, to leaue such testimonie, no doubt can be, but that some practice of pay∣ment was here vsed very anciently, which (beside the deuotion to be supposed in Christians, and the Doctrine of ancient Fathers, which, verie likely, wrought here as in other Western Chur∣ches) might be collected, by good probabilitie,

out of those Laws alone of the Saxon times which questionlesse were not without some ef∣fect, being so often renewd. Neither is the me∣morie of some vse of payment here, in these more elder times, omitted in the reliques of an∣tiquitie. In the Ms. life h 2.542 of the British Saint Cadoc, among some Laws of his Church of Lhancaruan, which seem to be attributed to his time (which falls about our Augustine or before) one is, Quicunque decimauerit, debet diuidere in tres partes. primam dabit Confessori, secundam Altari, tertiam orantibus pro eo. but the Autor of this whence we haue it, wrote not till after the Norman Conquest. And it is reported also of Eadbert Bishop of Lindisfarn or Holy Iland, that he was Eleemosynarum operatione (as i 2.543 Bedes words are) insigni ita vt iuxta legem omnibus an∣nis Decimam non solum quadrupedum, verum eti∣am frugum omnium & pomorum necnon & vesti∣mentorum partem pauperibus daret. which words are almost repeated also by Turgot Prior of Dur∣ham,k 2.544 that wrote the storie of that Bishoprique. But here no custom of the place or common vse is noted, but only a speciall deuotion of Ead∣bert. and for that of iuxta legem; you must vn∣derstand it of Moses Law. and so is it exprest in the Saxon Copie of Bede, where I read that he did it aefter Moyses ae, and that is, according to the Law of Moses. Neither is the regard in those times had to a tenth (although not yeerly) to

to be paid as for a soules ransom, to the poor, after the death of euery Bishop out of his estate, to be here wholly neglected. Out of this regard may be inferd that therein also the Tenth was reputed as a sanctified part. And wee learne it out of a Councell l 2.545 held in DCCC.XVI.

In loco famoso (as the words of it are) qui dicitur Celichyth, Praesidente verò Wl∣fredo Archiepiscopo caeterisque adsedenti∣bus australibus Anglorum Episcopis,

which hath this Canon.

Iubemus, & hoc firmitèr statuimus ad seruandum, tam in nostris die∣bus quamque etiam futuris temporibus, om∣nibus successoribus nostris qui post nos illis sedibus ordinentur quibus nos ordinati su∣mus, vt quandocun{que} aliquis ex numero Epi∣scoporum migrauerit de seculo, tunc pro ani∣ma illius praecipimus ex substantia vniuscuius∣que rei Decimam partem diuidere ac distri∣buere pauperibus in eleëmosynam siue in pe∣coribus & armentis seu de Ouibus & Porcis vel etiam in Cellarijs, necnon omnem homi∣nem Anglicum liberare qui in diebus suis sit seruituti subiectus, vt per illud sui proprij la∣boris fructum retributionis percipere merea∣tur & indulgentiam peccatorum.

And for the succeeding times of the Saxons; we may well coniecture a practice of payment out of King Knonts Epistle sent in M.XXXI. as he depar∣ted homeward from Rome, by Liuing Abbot of

Tanystok to Athelnoth and Alfrique, the two Archbishops by name, and to the rest of the Bi∣shops & Baronage of England. he therein strait∣ly charges them all, that according to the anci∣ent Law they should take care that Tithes were duly paid among other Church reuenues, wher∣in if he found default at his cōming they should expect seuere punishment. the words were:

Nunc m 2.546 igitur obtestor omnes Episcopos me∣os & regni mei praepositos per fidem quam mi∣hi debetis & Deo, quatenùs faciatis vt ante∣quam in Angliam veniam, omnium debita, quae secundum legem antiquam debemus, sint per∣soluta, scilicet eleemosyna pro aratris, & De∣cimae animalium ipso anno procreatorum, & Denarij quos Romam ad sanctum Petrum de∣betis, siue ex vrbibus siue ex villis, & mediante Augusto Decimae frugum, & in festiuitate S. Martini primitiae seminum ad Ecclesiam sub cuius Parochia quis{que} degit quae Anglice Cur••∣scet nominatur. Haec & alia, si cum venero, non erunt persoluta, regia exactione secundum leges in quem culpa cadit districtè abs{que} venia n 2.547 comparabit.

and the Monk that relates it, addes,

nec dicto deterius fuit factum

. But what e∣uer may be out of these testimonies concluded, it is noted among the Laws attributed to Ed∣ward the Confessor, that what through the cold∣nesse of deuotion, what through the neglect of demanding Tithes by the Clergie, that were o∣therwise

grown very rich in reall endowments, the practice of paiment of them was much dimi∣nished. Sed postea instinctu diaboli (are the words which follow immediatly what is before in the Chapter of Laws §. XIII.)

multi Decimam de∣tinuerunt, & Sacerdotes locupletes negligentes non curabant inire laborem ad per quirendas eas, eo quod sufficienter habebant suae necessaria vitae. Multis enim in locis modo sunt tres vel quatuor Ecclesiae vbi tunc temporis vna tantùm erat, & sic ceperunt minui·

but we are not sure that this ad∣dition to the Law is as ancient as the Confessor. I think it indeed rather of somewhat later time. yet doubtlesse the generall practice of paiment according to those ancient Laws, howeuer it might be in elder times, was about the Norman Conquest, much discontinued, which may be specially obserued out of that book of Domes∣day (the originall Copie whereof yet remains in the Receipt of the Exchequer) in which the Pos∣sessions and Reuenues both of the Clergie and Laitie were accounted and valued, by the othes of Enquests taken in euery Countie vpon com∣mission, and so returned thither about the end of the Conquerors raign. There, frequently e∣nough, Churches are mentioned by the words of Ibi Ecclesia & Presbyter, or such like; and how many Carues or Hides of land, how many villans, and other endowments and reuenues be∣longs to them, are reckond, with their values.

But very rarely any Tithes among those Church reuenues are there found. if none at all had been namd, it might haue been thought that they had been omitted as a more sacred profit, then was fit to be taxed in such a Description. But some, although very few, occurre in it. as vnder Terra Osberni Episcopi in Boseham in Sussex, you may there find that Decimam Ecclesiae Clerici tenent, & valet XL^s. where the lest value of the Man∣nor is made at XL^li. per annum. in Hampshire vn∣der Terra Osberni Episcopi, you read Ecclesia S. Michaelis de Monte tenet de Rege in Basinge∣stoches Hundred, vnam Ecclesiam cum 1. hida & Decimam de Manerio Basingestoches. Ibi est Presbyter. So in the same Shire vnder Terra Regis; Ipse Rex tenet Wallope &c. ibi Ecclesia; cui pertinent vna hida & medietas Decimae Ma∣nerij & totum o 2.548 Curset, & de Decima villanorum XLVI. denarij & medietas agrorum. Ibi est ad∣huc Ecclesiola ad quam pertinent VIII. acrae de Decima. for these VIII. acres of Tithes, see before in the Chapter of Laws §. IX.X. and XI. And in the same Shire also among the Abbot of Lire's possessions, the Tithe of Cladford is rec∣kond, as also of Adrintone. and also the Tithes of Stanham are possessed there by one Richerius Parson of the Church of Stanham. and vnder Terra Canonicorum de Tuinham, is found, Ad hanc Ecclesiam pertinet tota decima de Twin∣ham, & tertia pars Decimarum de Holchest. and

in the Isle of Wight there, VI. Churches, belong∣ing to the Abbey of Lire, Decimas habent de om∣nibus redditibus Regis. So in Bedfordshire the Church of S. Marie de Cormelijs, hath diuers Tithes among its reuenues. But the mention of Tithes where Churches are neuerthelesse spoken of, is but very seldome through that whole De∣scription. and indeed in certain Counties as So∣merset, Deuon, Cornwall, and some few others, you shal rarely haue a Parish Church noted, but in others, very often Churches are, but very few examples of their hauing Tithes. sometimes also grants of Tithes by Lay owners are there men∣tiond, out of the vse of which it may be well thought that the moities or third parts of tithes belonging to this or that Church, had their be∣ginnings. But thereof more particularly in the next Chapter, where we speak of arbitrarie Con∣secrations. And in most Appropriations of Pa∣rish Churches made in the Saxon times (the an∣ciēt course being to grant, in appropriating, Ec∣clesiam cum Decimis) no mention is of Decimae, but other possessions of the churches granted are most particularly inserted in the instruments; of which some examples are published in Ingulphus Abbot of Crowland, and very many occurre in Chartularies of old Monasteries.* 2.549 But see also for this matter the autorities anon brought to ano∣ther purpose in the XIV. Chap. §. 2. For the fol∣lowing age (besides some examples related in

the next Chapter, out of which some kind of known payment at least, to some Churches, may be without difficultie collected) that wee may here omit also the diuers Appropriations, in the p 2.550 times presently ensuing the Conquest, of Ec∣clesiae cum Decimis, which denotes either some payment or interest of Tithes setled by Conse∣crations in them; In the life of S. Cutbert Bishop of Lindisfarn writen by some Monk vnder Hen. I. it is related, that in that Autors time a great penurie of food being in Lindisfarn (that is, in Holy Iland) the Sea left vpon the shore LXV. fishes, wherof euery one was a sufficient draught for a yoke of Oxen; and that a Monk came to the Lord of the adioining soile, and desired the Tenth of that abundance so sent by the hand of God. Saltem Decimas (as the words are) quod Legis & Prouinciae consuetudo exigebat, Ecclesiae requisiuit, sed omnibus negatis rubore simul & do∣lore confusus discessit. here the practice of pay∣ment is noted by Prouinciae consuetudo. and a∣bout the same time the fashion about Abingdon was to pay the Tithes to the Abbey (due either as it was an ealder Minstre by K. Edgars Law; or as they had been consecrated; whereof more in the next Chapter) by whole Hides and Acres. His diebus, saies the Chartularie of that Abbey, raro à quoquam Decima messium vt lege praecipitur in Abbatia ipsa dabatur, sed aut de Hidagio XL. manipuli quos vulgò garbas vocant, aut Decima

suae culturae Acra porrigebantur. and for the time vnder Henrie the second; an Epistle sent from Rome by Pope Alexander the third, to the Bi∣shops of Worcester and Winchester, recites the ge∣nerall institution (which may be vnderstood for custom) of the Church of England to be that e∣uery Parishioner should pay his Tithe corne to his own Parish. Cum homines (so it q 2.551 speaks) de Hortuna secundum generalem Ecclesiae Anglica∣nae institutionem, de frugibus suis nouem partibus si∣bi retentis Decimas Ecclesiae cuius parochiani sunt sine diminutione soluere teneantur &c. wherewith agrees the preamble of his Decretall, remaining yet in the body of the Canon r 2.552 Law. there he be∣gins with Quod cum Parochiani vestri (that is all the Parishioners within the Diocese of Canter∣burie) Decimas bonorum suorum consueuerint Ec∣clesijs, quibus debentur, cum integritate persolue∣re; nunc tam laudabili consuetudine praetermissâ quidam ex eis de lana & de faeno, & de prouenti∣bus molendinorum & piscariarum Decimas ipsis Ecclesijs subtrahere non verentur. hereto adde that of one of his predecessors s 2.553 Hadrian the fourth to the Archbishop of Canterburie, where a Parochiall payment of Tithes seems to be spo∣ken of as of known right. and in a composition made by the Abbot r 2.554 of Euesham a Iudge De∣legat from Pope Honorius in M.CC.XX. it is taken cleer that certain Tithes de iure communi pertinent ad Ecclesiam de Leonminstre eo quod

sitae sunt infra limites Parochiae Ecclesiae de Leon∣minstre, according as the Texts of the Canon Law of about that time expresly also affirme. The composition was between some of the Di∣ocese of Hereford, and the Abbot of Wigmore. like admissions of that Law are in other instru∣ments, in the Leger book of Reading, for the Church of Lemster. But conclude not out of them for practice, without obseruation of the ex∣amples of the next Chapter. And it appears that in 11. Hen. 3. a speciall grant was made by the King, that Tithes of Hay and Mills should be paid from thenceforth in all his demesnes lands (that is al occupied either by his Villains or Bai∣lifes, or by Lessees that came in after the grant) which before then had not bin paid. Domin{us} Rex, saies the u 2.555 record, de Concilio Archiepiscoporum & Episcoporum suorum concessit vt Decimae faeni & molendinorum de singulis Dominicis suis in re∣gno suo de caetero praestentur. Et mandatum est bal∣liuis de Corsham quod de Dominico suo de Cor∣sham Decimas faeni Ecclesiae de Corsham dari fa∣ciant. T. R. apud Westmonast. XVIII. die Maij. and according to this, were diuers close Writs sent out in the following yeeres. Of the times afterward, wee find more certain testimonies shewing the common right of Tithes and that Parochiall; as the Writ of Indicauit, grounded vpon the Statut of Circumspectè agatis, made in 13. Ed. 1. discouers, that in and before that time

the Parochiall Tithes were most knowne re∣uenue of euery Church, with which agrees the ancient and present forme of the Count, in a Writ of Right of Aduowson of a Parish Church, wherein the Esplees are chiefely laid in Tithes, because the Aduowson of the whole Tithes, is no other then the Aduowson of the Church, as Iudge Stoner x 2.556 sayes in Corbets case. And by the practice of the Kingdome, it became cleer Law (as it remains also at this day) that re∣gularly, if no other title or discharge, to be spe∣cially pleaded or shewed in the Allegation of the Defendant, might appeare, euery Parson had a common right to the Tithes of all annuall en∣crease (prediall and mixt) accruing within the li∣mits of his Parish, without shewing other title to them in his Libell. That appeares frequently in our Yeer-books, where the Issues, taken vpon Parochiall Limits, are reported. But wee may here not vntimely remember an occurrence in the Petitions y 2.557 of the Parlament of 33. Ed. 1. touching the Tithes of Cornwall, challenged by the Parsons and Vicars there. De Personis & Vicarijs (sayes the entrie) petentibus Decimam in Cornubia, vbi Rex soluit annuatim Episcopo Ex∣oniensi pro Decima praedicta; ita responsum est. Fiat sicut consueuit tempore Comitis & Regis. The Earle and the King there meant, are that great Richard, and Henry the third. But this must not be vnderstood of the Tithes generally

in the Countie, although the words might im∣port as much, as if the Bishop had receiud them all. It was doubtlesse for the Tithe of the Stan∣naries only. For it is true, that the Bishop of Ex∣ceter had the Tithe of the profits or rent of the Stannaries there anciently giuen and paid him. and thereof testimonie enough z 2.558 is vpon re∣cord. and to that purpose also is that Marginall Note, in the Book of those Parlaments, Stagmen Cornubiae. cleerely, that goes for the Stannum Cornubiae, as Stagminatores for those of the Works. For the time of Edward the third and Richard the second (beside that of the Tithes of Silua caedua, or Copis Wood, whereof enough before, in the Laws that belong to it) you may remember those complaints of Chaucers Plow∣man against the Clergie of his age.

Their Tithing and their Offering both They clemeth it by possession, Thereof nil they none forgo, But robben men by ransome.

And then, of Parish-Rectors.

For the Tithing of a Ducke, Or an Apple, or an * 2.559 Aye, They make men swere vpon a Boke, Thus they foulen Christs fay.

And,

He woll haue Tithing and Offering, Maugre whosoeuer it grutch.

And in the Freres Tale,

And small Tithers they were foule yshent

before the Archdeacon. To these (for Perso∣nall Tithes) you may adde that of Mortuaries, payable in Beasts regularly before the Statute of 21. Hen. 8. which were reputed due vpon the generall presumption of euery Defuncts negli∣gence in payment of his Personall Tithes. The Mortuarie was therefore (by the Canons) to bee presented with the body at the Buriall, as a satis∣faction of omission, and negligence in paying to the Church a 2.560 those Personall Duties. And thence was it stiled Corse-present; according whereto, I haue seen a Iustification in the Eire of Derby of 4. Ed. 3. to an Action of Trespas brought by Thomas of Goustill against the Par∣son of Whitwell, for the taking of a Horse; in which the defendant pleades, that it was the Horse of one I. Leyer his Parishioner that died, Et que le dit Chiual ensemblement oue autres cho∣ses fust mesnes & present al Esglise come en nosme de Mortuarie deuant le corps mesme le iour &c. & il come Parson les prist & resceut auxi come custome de la terre & de Seint Esglise est &c. These shew plainly the receiued and acknowled∣ged

Parochiall right, in the practice of those times, which hath to this day continued. neither is it at all necessarie to adde more for the vni∣forme continuance of it. Sauing only, that where any Statute hath made a discharge, or Prescrip∣tion or Custome hath setled a Modus Decimandi or certain quantitie payable, though neuer so lit∣tle, for the Tithe, there, by the Laws of the King∣dome, the owner is not bound to pay other Tithe, then the Statute or Custome or Prescrip∣tion binds him to. Which yet must be so vnder∣stood in the case of Lay men, that Custome or Prescription founded in their possessions as Lay, cannot wholly discharge the Tithe, or be de non Decimando, but may well be de modo only; other∣wise is it in the case of spiritual persons, that may by the common Law be by Prescription wholly, discharged and prescribe de non Decimando. And this is regularly cleer Law. But at what time this Parochiall and common right became first setled with vs in practice, is not so cleerly known. and though those Decretals, before cited, suppose it a thing of custom here in Henry the II. his time, yet if credit might be giuen to the report of those English Monks, which (as wee haue before related) referd the ordaining of Parochiall right in Tithes to the Generall Councell of Lions, held vnder Gregorie the tenth, then wee might conclude the right of it no ancienter then about the beginning of our Edward the first. But what∣euer

they meant, it is certaine, that some, both Synodall and secular Lawes of this Kingdome, had, before that time, ordained this right. Yet indeed it will be found, that the Practice of it here (as also in other Countries) was not setled till some M.CC. yeers after Christ, or, at lest, was, for many yeers before, & some after, discon∣tinued. Which may partly be collected out of that Decretall of Pope Innocent the third, sent into this Kingdome, and dated in the Lateran; which is before at large in the Chapter of Laws, §. XXIII. For howeuer the recitals are in those of Alexander the third (the one speaking of Ge∣neralis institutio for Parochiall payment, which, as it may denote common custome, so also may be vnderstood for some Law of the Kingdome, as that of Edgars, Knouts, the Confessors, or some other before related; the other, of Con∣sueuerint Ecclesijs quibus debentur, which doth not of necessitie include a generall practice of Parochiall payment, but may as well denote the dutie that comes from arbitrarie Consecrations; of which, in the next Chapter) it is most certain, that before about the yeer M.CC. after Christ, that is, about the time of King Iohn, it was most commonly practised by the Laitie, to make arbi∣trarie Consecrations of the Tithes of their pos∣sessions to what Monasterie or Church they would, sometimes giuing halfe, sometimes a third part, and at their pleasure all, in perpetuall

right, or otherwise, according to the nature of those Consecrations in other Countries; of which, enough is before related. Neither doth expresse testimonie hereof want in that Decretall of Innocent the third, made against these kind of arbitrarie Consecrations. Multi (saith hee) in Diocesi tua (that is the Prouince of Canterburie) Decimas suas pro sua distribuunt voluntate. Nei∣ther may you vnderstand it, as if it had bin done by the waiward opposition of some only against the receiud and allowd Laws of the Kingdome. For notwithstanding all those Ordinances, both Secular and Synodall, anciently here made for due payment, it is cleer, that in the time before about that Innocent, it was not only vsuall, in fact, for Lay men to conuey the right of their Tithes, as Rents-charge, or the like, to what Church or Monasterie they made choice of, but by the course and practice of the Law also of that time (both Common and Canon, as it was here in vse) such conueyances were cleerly good, and what was through them so acquired, was continually, and is to this day (except some par∣ticulars, which either the Popes autoritie of later time, or new Cōpositions or Grants, or the like, haue altered) enioyed by the Churches, that, yet remaining, had portions so anciently giuen them, or by the King or his Grantees of impro∣priated Tithes; very many of which, had their chiefe originall from those arbitrarie Consecra∣tions

(which you may well call Appropriations of Tithes) and not from the appropriating only of Parish Churches, as some out of grosse igno∣rance, with too much confidence, deliuer. But thereof you may see more in the examples of the next Chapter. where, for most apparant proofe of the practice of arbitrarie Consecrations in those times, Moniments enough are collected. This arbitrarie disposition, vsed by the Laitie as well de iure (as the Positiue Law, then receiued and practiced, was) as de facto, is that which Wicclef rememberd in his complaint to the King and Parlament vnder Richard the second. His words are: A Lord God, b 2.561 where this be reason, to constrain the poor people to find a worldly Priest, sometime vnable both of life and cunning, in pompe and pride, couetise and enuie, glottonie, drunken∣nesse and lecherie, in simonie and heresie, with fat Horse, and iolly and gay Saddles and Bridles, ringing by the way, and himselfe in costly Clothes and Pelure, and to suffer their wiues and chil∣dren, and their poor neighbours, perish for hunger, thirst, and cold, and other mischiefes of the world. A Lord Iesu Christ, sith within few yeeres, men payed their Tithes and Offerings at their own will free to good men, and able to great worship of God, to profit and fairenesse of holy Church figh∣ting in earth. c 2.562 Where it were lawfull and need∣full, that a worldly Priest should destroy this holy and approued custome, constraining men to leaue

this freedome, turning Tithes and Offerings into wicked vses. But what hee calls a few yeers, will fall out to be about CC. for hee wrote about the yeer M.CCC.XC. With him well agrees some passages in our Yeere-bookes of the times before him. As in 7. Ed. 3. fol. 5. a. Parning truly affirmes, that in auncien temps deuant vn Consti∣tution de nouelle fait per le Pape, vn Patron d'un Esglise puit granter Dismes, deins mesme le Pa∣roche a vn altre Paroche. And Herle there in his answer seemes to admit it cleere. So also (tou∣ching others as well as Patrons) Lodlow, Iudge of Assise in 44. Ed. 3. fol. 5. b. En auncien temps chescun home purroit graunter les Dismes de sa terre a quel Esglise il voudroit. Quod verum est, sayes Iudge Brooke, in abridging the case. But what new Constitution of the Pope is meant there by Parning? some later d 2.563 Books tells vs, that from the Councell of Lateran the first al∣teration of that course of arbitrarie disposition came. But plainely, no Councell of Lateran hath any Canon that alterd the Law in it, ex∣cept that vnder Alexander the third, before spoken of in the end of the sixt Chapter, may haue place here: which, indeed, the Canonists will not endure, vnlesse you restraine it only to ancient Feudall Tithes. And they suppose, eue∣rie man might haue arbitrarily conueyed, be∣fore that Councell, his Feudall Tithes to what Church he would. And so expressely sayes our

e 2.564 Lindwood. Ante illud Concilium benè potuerunt Laici Decimas in feudum retinere & eas alteri Ecclesiae vel Monasterio dare; non tamen post tem∣pus dicti Concilij. But if those which with vs talk here of the Councell of Lateran, meane that vn∣der Alexvnder the third, and apply it generally to arbitrarie Consecrations of new Tithes, not feudall, I doubt they are much neerer the true meaning of that Councell then any of the Ca∣nonists. especially while they speake of this Kingdome. for arbitrarie Consecrations be∣fore about the time of that Councell are found here infinite, as presently shall be shewd. But of ancient feudall Tithes (howeuer they were common in other States) scarce any mention at all or tast is with vs. but thereof more in the XIII. Chapter. And, it may be, that when, from the Canonists, some of our Lawiers had learned that feudall Tithes might haue been conueied before that Councell arbitrarily by the owner; and saw withall that scarce any signe was of feu∣pall Tithes in this Kingdom, yet an abundance of old arbitrarie Consecrations, the vse whereof ceased about the time of the Councell; in the words of it no regard or mention being had of feudall but only Tithes in generall; they conclu∣ded (who sees enough why they might not?) that before that Councell euery man might haue ar∣bitrarily disposed of his tithes. that is such tithes as were not formerly setled by any ciuill Title.

But if this will not be allowd for the Law of change of those arbitarie conueiances; why may it not first be that Parning by his Constitution de nouelle fait per le Pape, meant that f 2.565 of Pope Innocent the third, sent to the Archbishop of Canterburie in King Iohns time (and perhaps it was soon after receiud into the Prouince of York either by imitation or through the power Lega∣tin, which the Archbishop of Canterburie com∣monly exercised through the whole Kingdome) to command a Parochiall payment? For also by the name of a Constitution newly made by the Pope, some such thing rather then a Canon of a generall Councell, is perhaps denoted. And then why might it not happen that the Decretal of In∣nocent the third, bearing date in the Church of Lateran should be thence denominated, and that afterward those which truly vnderstanding it, called it therefore a Lateran Constitution, gaue cause of mistaking to others that took it for a Constitution of a generall Councell of Lateran? especially too because it was about the time of the generall Councell of Lateran (held vnder the same Pope that sent it) of which more notice hath been taken in our Law then of any other of that name. and indeed he that affirms that before the Councell of Lateran Lay owners might haue disposed their Tithes, cuicunque Ecclesiae se∣cundum meliorem deuotionem, as Dyers words are, speaks true enough, if his words may receiue

this easie interpretation. that is, that till about that Councell of Lateran they might haue done so; not that the Councell vnder Pope Innocent restraind it, but that either the next Councell of Lateran before, that is vnder Alexand. the III. or the Pope by a Constitution, receiued here from Rome and dated in the Church of Lateran, about the time of that Councel of the yeer M.CC.XV. ordaind the contrarie. so that in this last way the name of the Councell may be a note only of the time about which it was restraind, not of the au∣toritie whence it was forbidden. Perhaps those Canons of Pluralities, of Exemptions, of the three orders, and some such more which we re∣ceiud from that Councell vnder Innocent, were brought into England at once with this Decre∣tall Epistle; and if so, then also it was no more strange to haue the Decretall afterward titled by the name of a Cōstitution of the Lateran Coun∣cell, then it happend in the denomination of the Statuts of Aide de Roy and Voucher, made in 4. Ed. 1. euery of which are stiled by the name of Statutum de Bigamis. yet only one Law de Biga∣mis receiud out of the generall Councell of Li∣ons, is among those Statuts; and that is euen as much a stranger to the rest of the Constitutions bearing the same name with it, as Pope Inno∣cents Decretall was to the whole Councell of Lateran. Howeuer, it is most cleer (let froward ignorance as it can continue to oppose the asser∣tion)

that for CC. yeers at lest before about the time of the Councell of Lateran, held vnder the same Pope, arbitrarie Consecrations of Tithes with vs were frequent, and practiced aswell of positiue right (if wee may take that for right, in things subiect to human disposition, which ge∣nerall consent of the state allowd; as no man that knows what makes a positiue right, can de∣nie) as of fact; which because they are best con∣ceiud of by the particular testimonies and prece∣dents of them, in the following Chapter manie shall be transcribed; that are all (except one or two in the Prouince of Yorke; neither is it likely that in euery place here, and by euery man the intent of that Constitution was suddenly obser∣ued, and perhaps also it was not so soon alterd in York Prouince as in this of Canterbury, in regard that the Decretall was sent only to Canterburie Prouince) of the time before that Decretall and taken out of the most choice and authentique moniments, that may afford help to the disquisi∣tion of this point so little, so not at all vulgarly or indeed any where publiquely discouered.

CAP. XI.

I. Arbitrarie Consecrations of Tithes (before about the time of the most known Councell of La∣teran) by conueiance from the owner of all or part to any Church or Monasterie at his plea∣sure,

in examples selected out of moniments of in∣fallible credit.

II. A Writ in the Register intelligible only from those arbitrarie Consecrations. a like example to it out of the book of Osney.

III. The libertie of the Baronage anciently chal∣lenged to build Churches in their Territories. Parochiall right to Tithes setled in Practice.

IV. Of Tithes of encrease in lands not limited to any Parish. How by the common Law they are to be disposed of.

BEsides the many testimonies that may be had out of the Portions especially posses∣sed by som Churches or Monasteries, ma∣nie of which had no other beginning then from arbitrarie Consecrations, made by owners of Tithes, in two parts, or third parts, or other∣wise at their pleasure to any Church or Mona∣sterie; the frequent memorie of Instruments of such Consecrations (made according to the pra∣cticed Law of the time chiefly interceding from the yeer M. till some yeers after M.CC. of our Sauiour) is to be principally obserued in this disquisition. The originall moniments of those elder ages afford vs plentie of thē. And in regard of the easier connexion and more compendious way of deliuerie, we shall rather seuerally follow the singular courses of euery of the Chartularies or other moniments, which tell vs of those kind

of consecrated Tithes, then dispose together e∣uery arbitrarie Consecration according to the order of time. The seuerall Titles of books whence we haue them shall chiefly direct in the generall order. but neither shall the particular time, of euery of these selected examples of Con∣secration, be omitted.

I.

The Chartularie of the Abbey of a 2.566 Abing∣don shall obuiously haue first place. In it, in the time of K. William the second and Rainald Ab∣bot, occurres; that

Viuente praedicto Rainaldo Abbate, trium Decimationum, Ecclesiae huic facta est vna ab Herberto de villa sua Lakine, appellata Henrici de Ferrarijs b 2.567 Milite; scilicet frugum, agnorum, caseorum, vitulorum, & porcellorum. Quod & Robertus filius eiusdem post patris mortem confirmans, concedente Domino suo praedicto Henrico, Abbendoniam venit, pro patris & sui suorum{que} salute prae∣fatam hîc Decimationem perpetualitèr tra∣didit; sibi fratribus suis germanis Huberto & Stephano in his fauentibus; etiam istis amicis suis videntibus Quirio de Mo••nais, & fratre eius Hugone & Roberto filio Aldulfi de Be••re∣tuna. Altera à Seswaldo de villa sua Hildeslea caseorum scilicet & vellerum suarum ouium. Quod & haeres & filius eius Frogerus post eum denotè confirmauit. Quae vtrae{que} Decimatio∣nes luminaribus & ministerijs Altaris Sanctae Mariae ab eo die specialitèr delegatae hucus{que}

in hoc expenduntur. Tertia à Rotberto cuius erat cognomen Marmiun, & à filio ipsius Helto de villa sua Henreda, frugum omnium suae propriae lucrationis. Sed & post illos à Radulfo cognomento Rosel idem concessum.

And then follows Rosel's Charter to that purpose:

Ego Radulphus agnomento Rosellus concedo volo atque praecipio seruientibus meis vt se∣getes meas de Hen••eth deciment ad ostium Granciae meae quae ibidem habetur & ipsam Decimam rectè & fidelitèr seruienti S. Mariae deliberent.

And this Tithe was in the sole disposition of the Almosner of the Abbey. Out of IV. Hides also lying in the same Henred, a consecration of the Tithe had been made before in the time of the Danish gouernment, by a Dane, and is thus there reported.

Tempore Danorum, fuit quidam eorum qui possidens VII. hidas in Henreda, propter vicinitatem Abbendoniae & amorem S. Mariae Virginis & aliorum Sanctorum qui mihi digniter colun∣tur, dedit Decimam de Dominio eiusdem ter∣rae Ecclesiae S. Mariae Abbendonensi in eleë∣mosynam pauperum hoc est de IIII. hydis; quam terram Helto Marmiun Deo & Sancto Stephano Cadomi dedit. Ecclesiae verò Ab∣bendonensi Decima de Dominio praedicto in aeuum permansit.

Then follows a Charter of Henrie the first, wherein all the grants of Lands, Churches and Tithes made or thence after to be

made by Alberique de Ver and Beatrix his wife, their sonne Alberique and his brothers, or by their Tenants to the Monasterie of Colme in Es∣sex (which was a member or as a Cell of Abbing∣don, and erected by Alberique their▪ father) are confirmed; and in them two parts of the Tithe de omnibus rebus in the Mannors of Hethingham, Belcheam, Laureham, Aldeham, Duurecurt, Bo∣necleide, and Rodinges, and half of the Tithe of Walde and Wadane, are recited to haue been conueied to the same Monasterie, Et dimidia Decima Deimiblanc de Cola, & Tertia pars De∣cimae Ranulfi magni. this is dated XI. Hen. 1. at Reding, that is M.C.XI. And Faritius Abbot of Abingdon (as it is further rememberd) at Colme solemnly receiued inuestiture or seisin of euery of those and other possessions so granted by the hand of Picot Sewer to Alberique de Ver, with the testimonie of his wife, children, and ma∣ny of his Tenants. And the Patent of Henrie the first is there extant, wherein tota Decima de ve∣natione quae capta fuerit in Fo•• esta de Windesore, is granted to the Abbey, which was after confir∣med by Henrie the second, Richard the first and others. In the same Chartularie about the be∣ginning of the same Henry the Tithes of Bulhey of Cildestun are giuen to the Abbey by William of Sulaham; in Hanney by Osbern and Turold; of Offington by the Tenants there; of Wekenfield by William of Wecenfield; of Eton by Roger

Fitz-Alured. and diuers such are related. and the words of the most obseruable passages touch∣ing them shall be here infered.

Anno V. re∣gni Henrici Regis intrante (saies the book) Willielmus de Sulaham dedit Deo & Sanctae Mariae & Abbati Faritio & Monachis in Ab∣bendona Decimam villae suae quae Bulhea vo∣catur. die videlicet Assumptionis eiusdem S. Mariae. Eodem etiam die confirmauit donum de alia decima quam anteà dederat de villa Cildestuna quae ad haereditatem Leodselinae priuignae suae pertinebat, ipsâ puellâ coram Monachis concedente donum. & cum ipso Willielmo & cum matre suâ super Altare idem imposuit, coram his testibus; Abbate praedicto & omni conuentu, Iohanne fratre coniugis eiusdem Willielmi, Humfrido eiusdem Milite, Hugone Conred. But that of Turold is thus exprest. Similitèr Turoldus de eadem Villa (that is, Hanney) dedit Deo & Sanctae Ma∣riae de Abbendona coram Faritio Abbate & omni conuentu, in Capitulo, Decimam omni∣um suarum possessionum, porcellorum scilicet agnorum, vellerum. sed Decimam Carucae suae tantummodò ita discreuit, vt duas istius deci∣mationis partes huic loco, tertiam verò par∣tem Presbytero sibi seruienti concederet; hoc idem concedente & confirmante vxore sua Hugulinâ & filio suo Willielmo. & hanc do∣nationem donauit anno V. Henrici Regis.

Here specially you see as well arbitrarie diuision as consecration of the Tithe by the owners grant. And for the example of the Tithes of Offington, the words of it are most obseruable also.

Eodem anno (sayes the Monke that wrote it) cum venisset Abbas Faritius in vil∣lam suam Offentunam vt opus Ecclesiae quod ibi lapideum à fundamento inchoauerat ad perfectum determinaret, congregauerunt se homines sui ex eadem villa & obtulerunt com∣muni deuotione & concessione Decimam suam totius villae eiusdem, S. Mariae & ipsi Abbati & loco Abbendoniae ab illo in reliquum tem∣pus. Vt videlicet Abbas de suo proprio Eccle∣siam eiusdem alacriùs construendo perficeret & ipsi mererentur in fraternitate loci annume∣rari. Hanc expetitionem cum Abbas audisset, inquisiuit vtrum Ecclesiae eiusdem villae anti∣quitùs Decima ab illis hominibus daretur; no∣lens scilicet eam sua rectitudine minuere pro alicuius donatione sibi suoque loco oblata. di∣ctumque est, hoc esse moris villae vt a singula virgata Ecclesiae illi XXIIII. Garbae pro Decima numeratae donarentur. Quod sciens Abbas, statuit ante ipsos homines vt, sicuti ipsi∣met voluerant & optulerant, reciperet eorum Decimam, ea determinatione assignatâ inter ipsum Abbatem & Ecclesiam eiusdem villae, scilicet, vt tempore colligendarum Decimati∣onum Abbas ipse mitteret Offentonam quem

vellet de suis, & ipse reciperet à fingulis, secun∣dum singulorum possessionem, rectam Decima∣tionem, & post illam totam collectam, de sin∣gula virgata illius villae tot manipulos Presby∣tero illius Ecclesiae tribueret quot superiùs diximus ei deberi. reliqua verò Decimationis Abbati seruaret.

Here plainly, no Tithe was parochially paid before this Graunt, but only XXIV. Sheaues of euery Yard Land; which was now diminished also by the consecration of the true Tithe to the Abbey. Then Willielmus de Wecenfeld Dedit suam Decimam ex omni sua pecunia S. Mariae & Monachis in Abbendon de tribus videlicet Hidis in Wecenfeild, & duabus de Boxore, excepta vna acra quae Ecclesiae de Bo∣xore, adiacet. This was in 7. Hen. 2. And in the relation of the Tithes of Eaton, granted to the Abbey by Roger Fitz-Alured, it is added, Et promisit quod cum Osmundo & alijs suis homini∣bus de illa villa faceret vt & ipsi de suo tenore si∣militèr Decimam Ecclesiae huic concederent. So in 9. Hen. 1. Aldred & Luured homines Ecclesia de Waliford dederunt Monachis huius Ecclesiae Decimas de omnibus videlicet suis pecoribus, & de agrorum suorum cultura, in capitulo coram toto contentu. And in the same yeer, one Ralfe gaue them the Tithe of his Farme or Manor of Bra∣dendene, and assured them, he would entreat Ro∣bert de Insula, his Lord of whom hee held Bra∣dendene, Quatenus illius permissione & concessu

suo hoc confirmaret, vt haec Ecclesia ipsius Decima donatione firmiùs in posterum potiretur. The like gift occurres there, made by Hugh Fitz-Wicht∣gar in 10. Hen. 1. of the Tithes of Bennaham. And about the same time, Gilbert Basset gaue for euer to the Abbey, with his sonne Robert en∣tring there into Religion, the Tithe of his Land in Waneting, to be employed ad vsum pauperum. Not long after, Hugo Dispensator Regis (it seems, Treasurer of the Household) granted to the Ab∣bey, Suam Decimationem de omni pecunia tam de mobilibus rebus quam immobilibus de Manerio Spesholt quod de Ecclesia tenebat, sua coniuge Helewisa fauente, coram his testibus; Poidras suo homine, & Anschitillo suo praeposito de praedicta villa, & multis alijs. The like did Ralfe the Ab∣bots Chamberlain grant out of two Hides in Steringford. So one Iocelin and his sonne Ran∣doll granted to the Abbey two parts of all kind of Tithes in possessione quadam quae Graua dici∣tur. And one Norman, when his sonne Eudo there took habit of Religion, consecrated with him Decimam Dominij sui de Winterburne, quam cui placeret Ecclesiae liberè donare poterat. quae sic concessa sub manus sacristae redacta est. And among other possessions of the Abbot and Couent, confirmd by the Bull of Pope Eugenius the third, in the yeere M.C.LII. (that is, in XVII. of King Stephen) these Tithes granted, are particularly reckoned in it, as part of what

they did in praesentiarum iustè & canonice possi∣dere. so are the words of the Bull. Neither to other purpose are the words of the Bishops of Salisburie, Ordinaries of the Diocese, in their generall confirmations of Churches and Tithes to the Abbey. These confirmations of theirs came diuers yeers after the Grants made by the owners, and are at large extant in the Chartula∣ries of the Monasterie. The first that made any, was Hubert, who was consecrated Bishop in 1. Rich. 1. that is, M.C.LXXXIX. In the time of Henry the second, through the procurement of Richard Sacristein of the Abbey, one Giralin de Curzun graunted to the Abbey, Decimam XXX. acrarum de Westlakinge quam parentes sui priùs concesserant & ipse Altari sanctae Ma∣riae concessit, addens de Porcellis siue Agnellis aut Caseis aut rebus alijs quae Decimari solent, Deci∣mam, quam priores sui minimè dederant. Hanc verò donationem super Altare S. Mariae deuotus obtulit; trium tantum acrarum Decimâ de XXX. Ecclesiae de Waneting reseruatâ. Then, for Tithes in Chiltune; it is there reported, that in 2. Hen. 2. Nicholas Fitz-Turold gaue them to that Monasterie. his whole Charter is recorded, and so take it here for that part transcribed. No∣tum sit praesentibus & futuris testimonio huius scrip∣ti sigillo meo signati, quod ego Nicholaus filius Turoldi de Estuna pro salute animae meae paren∣tumque meorum, & pro eo quod licitum mihi esset

ab Ecclesia de Abbendona coemiterium habere ca∣pellae meae de Winterburna, concessi firmiter & finaliter dedi praedictae Ecclesiae Abbendonensi singulis annis imperpetuum habendas Decimas ter∣rae meae quam in Dominio meo teneo in villa Chil∣tune. In blado scilicet ad ostium Grangiae meae sus∣cipiendo & in Caseis & in Velleribus & Agnis & Porcellis, & in omnibus quae Decimari solent. And at the time of the Grant, it was by the Ab∣bot Ingulph assigned to the vse of the poor and strangers, that is, to the Almosnerie, as indeed most other of their consecrated Tithes were: Which is yet to bee seen in the accompts of the reuenues of euery Office of the house.

Out of the * 2.568 Chartularie of the Abbey of Osney.

The Abbey being founded in 29. Hen. 1. that is, in M.C.XXIX. by Robert d'Oily High Constable of England; in the Charter of the Foundation are giuen to it the Tithes of the Founders Mills, that were neere the Castle of Oxford, & Decimatio Nicholai de Stodeham quam Fromundus (a Chaplain mentiond in the Charter) tenebat. and that is iterated often in o∣ther Charters to the same Monasterie. And after in the same Chartularie is a Catalogue of diuers Portions of Tithes belonging to the Abbey, and as issuing out of the Demesnes of such as had encreased the reuenues of it with endowments

of Tithes newly granted. nor are they expressed with any reference to this or that Parish, but on∣ly to the Demesnes and names of the Donors. And then comes a confirmation of Richard Bi∣shop of Lincolne (within that Diocese,* 2.569 Oxford∣shire was, till the later institution of a Bishop∣rique in Oxford) wherein, among the ancient possessions of the Abbey, enioyed through their hauing Saint Georges Church in the Castle by d'Oile's gift, two parts of the Tithes of all things quae Decimari solent, in dominico horum Manerio∣rum, videlicet, Bercencestre, Erdinton, &c. are confirmed to it. Neither is the number of those Mannors there named, vnder fortie. Which way is it likely, that the Church of S. George came to two parts of the Tithes of so many Mannors, if not by consecration of the owners? And indeed afterward is a transcript of a Charter of Robert d'Oily's (that was aboue C.XX. yeeres before the Bishops confirmation) to the Abbey, where∣in he giues three Hides in Walton and Terram de Twenti acre & Decimam earundem terrarum, & pratum quod vocatur Brunmannes Mead, cum Decima eiusdem prati (where note, the Land and the Tithe of the same Land is giuen, which could be but a discharge of Tithes in the Abbey) & cum Decima de Northam, Wiueleya, & Lincha, & omnium terrarum & pratorum & aliarum re∣rum Decimabilium quae sunt inter Castellum Oxo∣niae, & * 2.570 Heunteseyam aut Botleiam scilicet in

Comitatu Oxoniae. And then Duas partes Deci∣mae, de omni re quae Decimari solet, de omnibus dominicis vtriusque honoris qui adiacent Castello Oxenefordiae, videlicet de Hokenorton, Swere∣fordia, Bereford, Wiginton, &c. with a reci∣tal of aboue fortie Townes and Mannors, which are also in that confirmation long after made by the Bishop. In the same Book, Richard of Dode∣ford giues them in perpetuall right the Tithes de assarto bosci mei de Hecholthe cum assartatur & excultus fuerit, siue ego siue alius per me illum as∣sartauerit & excoluerit. This seemes to be of a∣bout King Iohns time. And one Hugh de Croftes grants them Decimas dominij mei de Wauretun de omnibus rebus quae Decimari possunt & debent, tenendas de Priore & Monachis de Tedford im∣perpetuum, sicut cartae vtriusque Monasterij inter eos factae testantur. And this was in 3. Rich. 1. And a pension was yeerely payable for them to the Prior of Thetford by that clause of tenendas, as appears in the confirmation made of the same Charter by William Bishop of Hereford. You must know, that the ancestors of Croftes had for∣merly giuen those Tithes to the Priorie of Thet∣ford, as is remembred there also.

Out of the Chartularie or * 2.571 Lieger-Booke of the Priorie of Gisburne or Gisburgh in the North-riding of Yorkshire.

In a Fine there of 23. Hen. 3. between Peter of

Brus demandant, and Iohn Prior of Gisburne te∣nant, it appears, that when Robert de Brus, ance∣stor of Peter, vnder King Stephen, founded the Monasterie; he by grant endowd it, among other possessions, with the Tithe of his demesnes of Li∣thun. And in another of 26. Hen. 3. the Concord hath these words in it, Et similiter idem Petrus concessit pro se & haeredibus suis, quod idem Prior & successores sui habeant in Parochijs suis Deci∣mam venationis suae & haeredum suorum; & foeno∣rum suorum vbicunque foenum falcabitur praeter∣quam in locis subscriptis, scilicet in Parco sub Ca∣stro de Daneby & in IV. Laundis in Foresta de Daneby, scilicet in Launda de Souresby, Eske∣briggethwoyt, Karlethwoyt, & in Launda sub Threlkeld, & in Haya de Skelton clausa ex aqui∣lonali parte de Routheline, & in paruo Parco cir∣ca Castrum de Skelton in quibus locis nullas Deci∣mas foeni habebunt. That of the Tithe of Veni∣son, taken within the Parishes of the Priorie, was confirmed in another Fine of 30. Hen. 3. leuied before the Iustices of Eire in Yorkeshire; and therein also was further added, Concesst etiam idem Petrus pro se & haeredibus suis, quod ipsi de caetero reddent singulis annis praedicto Priori & successoribus suis & Ecclesiae suae praedictae Deci∣mas Molendinorum suorum in Parochijs suis exi∣stentium imperpetuum. So that if the Mills were in Lease, the Tenth of the rent was payable; if in the hands of the grantor, or his heires, the

Tenth of the multure. and for true payment, the Millers were, by the concord of this Fine, bound to doe fealtie to the Prior and his successors. But I haue not seen an example of such disposition of Tithes of so late time. few or none else (I thinke) exceed the yeer of that Constitution of Lateran before spoken of. and remember that this is of York Prouince, in which perhaps the Decretall sent to Canterburie had not such effect till somwhat after, as is before touched.

Out of the Chartularie * 2.572 of the Monasterie of S. Andrews of Rochester.

Henrie the first giues to the Monks there di∣uers Churches with Tithes,

Et dimidiam Decimam meam de Tarentford in annona tantum, & totam Decimam meam de Strodes, & totam decimam meam de Chealches, & hoc facio pro anima Patris mei & Matris meae & pro anima mea & vxoris meae, T. Eudone da∣pifero & Haymone dapifero apud Rouecestri∣am. Other Tithes of whole Mannors he gaue also to them, Et decimam * 2.573 Balenarum quae captae fuerint in Episcopatu Roffensi.

And a∣bout the same time Ralf Archbishop of Canterbu∣rie by Charter gaue them

Totam Decimam de meo Dominico & omnes Decimas omniū vil∣la norum qui habent terram in Dune, necnon & aliorum omnium, quorum decimae meo tempore ad quisitae sunt vel quocun{que} tempo∣re

ad quirentur.

Many other Charters are in it to like purpose, as:

Ego Willielmus de Albine••o Pincerna Regis concedo Deo & Sancto An∣dreae de Rouecestria & Monachis eiusdem loci totam meam Decimam de villa mea quae voca∣tur Elham in omnibus rebus scilicet de blado & de pasnagio, & de molendinis, & de pecu∣dibus, & de lana, & de caseis &c. & medieta∣tem Decimae de Bilsintune in omnibus rebus pro anima Domini mei Willielmi Regis & Henrici Regis atque pro anima mea & patris mei & matris meae & vxoris meae & fratris mei Nigelli, & nepotis mei Humfridi & aliorum parentum meorum viuorum atque mortuo∣rum. Testibus militibus meis, Nigello de Wast &c.

That d' Aubigny was Earle of Chichester or Sussex or Arundel (for all these titles he vsed) and diuers Confirmations were afterward by his Successors, of this Grant. and K. Henrie the first also confirmed this of the first William. and the Prior and Couent not long after made a Lease of that their Tithe in Bilsintune to one Gilebert de Perieres for IX. yeers, reseruing half a Mark rent payable at Easter. and this was confirmed by the Archbishop of Canterburie.

Roger Bigot Earle of Norfolk vnder Richard the first, and William his yonger sonne, had giuen diuers reuenues to the Priorie, and among them occur the Church of Waltune, and then by it selfe tota Decimae villae Waltune de omni re & to∣ta

Decima molendinorum ad eandem villam perti∣nentium. this is related in the confirmation of Hugh Bigot Earle of Norfolk and sonne to Ro∣ger. and some other Churches were granted, but no Tithes mentioned with them. and after∣ward the first Charter of Rogers grant is in the same Volumè at large. The Tithes of Buggeley were giuen to the Priorie by the Ancestors of Osbert de Cappaualle, and charged with three shillings yeerly rent, paiable to the Monks of Colchester. this instrument there remaining shews it.

Notum sit omnibus (as the words are) quod ego Osbertus de Cappaualle & Adeliza vxor mea, & Humfridus priuignus meus & haeres patris sui, accepta societate Roffensium Monachorum pro amore Dei & Sancti An∣dreae, & salute animae nostrae, & omnium pa∣rentum nostrorum, concessimus eis omnem Decimam de Bugeleia, sicut eam antecessores nostri in eleëmosynam dederunt, firmitèr & stabilitèr, & quietè perpetuò tenendam, red∣dituris inde annuatim Monachis de Colecestra tres solidos quamdiù eandem tenent & habere poterunt. & hanc concessionem nostram prae∣senti sigillo confirmauimus &c.

this was af∣terward confirmd by Philip of Leiburn and his wife Anne, and Robert of Leiburn Tenants of Buggeley.

The Tithe of Gedding was thus granted by the Ancestors of Payn Shrife of Surrey. Notum sit

omnibus praesentibus at{que} futurit quod ego Pagan Vicecomes Surregiae, do & concedo Decimam de Geddinges quam antecessores mei dederunt Deo & Ecclesiae S. Andreae de Rouecestria pro anima patris mei & matris meae, & pro me & vxore mea. & mihi concessum est ab eadem Ecclesia quod post obitum nostrum singulis annis anniuersarium mei & vxoris meae in perpetuum persoluetur.

The Tithe of Stalefield is granted to the Monks by D. de Monei, and sic tenendam sicut te∣nuerunt de antecessoribus meis.

In 8. Hen. 1. halfe the Tithe of Halegele was giuen to them by Henrie de Port, the other halfe being before conueid to them—

Decimam to∣tam de Halegele, de qua (so speaks the Charter) praedictus Sanctus (that is S. Andrew) dimi∣diam partem habuerat, caeteram verò pro amo∣re Radulphi Episcopi, vt praedictum est, supra taxato tempore donaui.

these others also follow.

Walchelinus Maminot omnibus Sanctae Matris▪ Ecclesiae filijs tam posteris quam prae∣sentibus salutem. Notum vobis facio quod Decimam de Dominio de Bertreia quam pa∣ter meus pro salute animae suae & suorum Ec∣clesiae Roffensi & Monachis ibidem Deo ser∣uientibus in perpetuam eleëmosynam dedit, me similiter pro redemptione delictorum me∣orum & vxoris meae, & haeredum meorum con∣cessisse & praesenti scripto confirmasse. Quod si aliquid de praedicto Dominio in Rusticanam

seruitutem translatum est vel fuerit, decima tamen secundum primam donationem integra permaneat. Teste Rodberto de Binham Pres∣bytero &c.

Omnibus Christi fidelibus ad quos praesens scriptum peruenerit, Willielmus de Lamualai aeternam in Domino salutem. Nouerit vni∣uersitas vestra quod ego Willielmus de Lamua∣lai diuinae pietatis intuitu pro salute animae meae & vxoris meae, & liberorum meorum, & antecessorum meorum & successorum, conces∣si & hac praesenti Carta mea confirmaui Deo & Ecclesiae S. Andreae & Monachis Roffensi∣bus in puram & perpetuam eleëmosynam, me∣dietatem totius Decimae de Dominio meo de Henherst quam antecessores mei eis dederunt & concesserunt; tenendam & habendam benè & in pace liberè & quietè de me, & successo∣ribus meis, & per manus eleëmosynarij eorum in vsus pauperum distribuendam: ideoque vo∣lo & firmiter praecipio vt praedicti Monachi habeant &c.

Omnibus sanctae Matris Ecclesiae filijs ad quos praesens scriptum peruenerit, Adam Pincerna aeternam in Domino salutem. No∣uerit vniuersitas vestra, quod ego Adam Pin∣cerna cognitâ & compertâ dilectione quam antecessores mei habuerunt erga Ecclesiam S. Andreae Roffensis & Monachos in eadem Ec∣clesia Deo seruientis, Decimam de Dominico

Campo meo in Culinges qui vocatur Westbroc quam Radulfus Pincerna eis dedit intuitu Dei, praedicti Ecclesiae, & S. Andreae, praefatis Mo∣nachis in puram & perpetuam eleëmosynam concessi & praesenti Carta mea confirmaui, ita videlicet quod Richardus frater meus qui suc∣cessit Geruatio Decano in personatu Ecclesiae de Culinges ad praesentationem meam & suc∣cessores sui reddent annuatim, nomine De∣cimae illius, praefatis Monachis dimidiam marcam argenti in crastino festiuitatis Sancti Andreae omni occasione remota & dilatione &c.

it seems that the Parson of Culinges by the Patrons will herein declared, was to haue the Tithe of Westbroke in kind, and pay half a mark for it yeerly to the Priorie.

Sciant tam praesentes quam futuri quod e∣go Henricus de Malemeins concedo & confir∣mo Monachis Ecclesiae sancti Andreae Apo∣stoli Rouecestriae Decimam meam totam de Dominico meo & eam vehendam quocun{que} voluerint & transferendam; cum ante hanc concessionem solum modo granum habuerint. Praetereà dono eis & concedo Decimam me∣am de vitulis & porcellis. Has concessiones confirmo illis pro amore Dei & salute animae meae & vxoris, & antecessorum meorum libe∣rè & quietè possidendas assensu haeredis mei & voluntate vxoris & amicorum meorum. Teste &c.

And William Hachet confirms the moitie of the Tithes of his demesnes in Hainwold (which his ancestors had granted to the Priorie) to hold free sine omni molestia & exactione. and warrants them contra omnes homines sicut liberam eleemosy∣nam nostram.

A like confirmation is from William of Sram∣broche of the Tithe of Srambroche, granted for∣merly from his Ancestors to the Priorie.

William of Gurnay had giuen to the Priorie certain Tithes in Edintune, which lying disper∣sed, were not so commodious for the receipt of the Monks as of the Parson of the Parish. there∣upon Galiena, grand-child to William, declares, that for that cause prouisum est & statutum, vt quaelibet illius Ecclesiae persona nomine Decima∣rum illarum liberaliter soluent annuatim praedictis Monachis Rouecestriae quinque solidos, ad festum beati Andreae. and so confirms both the gift of her Ancestor and this composition between the Parson of Edintune and the Prior and Couent.

Haimo filius Guidonis de Dudindale, confirms, in puram & perpetuam eleemosynam, the gift made by his ancestors Gerold his grand-father, and Guy his father, of all the Tithes of his land in Dudindale. which was afterward confirmed also by his sonne and heire Iohn.

Hamelinus de Columbeirs establishes the per∣petuall right of all the small Tithes of his De∣mesnes, in the Chantor of the Priorie, to whom

by ancient possession of his Predecessors, hee found they belonged, when controuersie was about them, twixt the Chantor and Ralf Parson of Frendesburie.

William the sonne of Thomas of Ysfield and all his coparceners, confirme the Tithes of Ys∣field formerly giuen by their Ancestors in puram & perpetuam eleemosynam. and further grant all small Tithes of Ysfield, as of Lamb, Calf, Piggs, Fleece, and the like. Et vt haec nostra donatio (saies the Deed) & confirmatio inconcussa perma∣neat, ego Willielmus omnium fratrum meorum vo∣luntate pro omnib{us} sigilli mei appositione corroboro. which I note for the speciall kind of sealing with the eldest brothers seale only.

Henrie of Tuang confirms to them Decimam de Tuange quam praefati Monachi habent de dono Smalemanni aui me•• tam in Tuange, quam in Rundel.

These Grants or arbitrarie Consecrations were all diuers yeers before the end of M.CC. after Christ, and for the most part in the times of Henrie the first, King Stephen, Henrie the se∣cond, and Richard the first. neither need you make doubt of the allowance of them by the Clergie of that time. The Tithes so arbitrarily giuen by Lay men were not only possessed by the Priorie, but were also afterward, with others which are not mentiond in the Chartularie, so∣lemnly confirmed to them by the Archbishops

of Canterburie with their Prior and Couent, who supplied that which now is the Deane and Chapter. for in 23. Hen. 2. vpon a controuersie arising about some Tithes challenged by the Pri∣orie, a confirmation was giuen by Richard Arch∣bishop of Canterbury, in which he grounds their right vpon the Deeds of the Grantors. Cognito (are his words) iure praedictorum Monachorum per inspectionem instrumentorum suorum, considera∣tâ etiam diutura illorum possessione &c. and then he confirms to them all the Tithes granted to them within his Diocese, and reckons by name seuerall Tithes in VIII. Parishes, most of which occur in those examples; After which he con∣firms also their appropriated Churches with Tithes belonging to them. For Tithes giuen with the Churches appropriated they had as be∣longing to those Churches. but others seuerally consecrated were no otherwise in them then as if Rents or other profits had been granted out of lands to them. A like confirmation was made by Baldwin in 1. Rich. 1. of all Tithes in particu∣lar that were formerly setled in them by Lay mens grants. And another such was by Hubert Archbishop in 1. of King Iohn, wherein he con∣firms to them omnes Decimas à quibuscunque Dei fidelibus vsque in praesens in Archiepiscopatu nostro illis collatas.

Out of the Chartularie of the Monasterie of * 2.574 Reding for Leonminster or Lemster in Herefordshire, that was annext by Henry the first to Reding, in the foundation.

Walter Clifford, for the health of his fathers soule, and for his wife and children, giues Eccle∣siae de Leonminstre Decimam de tota Hamenesca tam de dominio quàm de villanis s. de omnibus vnde Decimae dantur tam de viuis quam de mor∣tuis But the Church of Lemster is called there the Mother-Church of the place. This was about King Iohns time. And Robert Malherbe giues to the same Church Decimam de toto dominio meo de Riseburie de omnibus, vnde Decimae dantur tam de viuis quam de mortuis.

Out of the Chartularie of the Nun∣nerie of * 2.575 Clerkenwell.

Among many possessions confirmed to it by Henrie the second, we find,

Ex dono Gaufridi Comitis de Essex & Eustaciae vxoris eius to∣tam Decimam totius victus & procurationis illorum & domus suae & familiae suae; and, Ex concessioue Alexandri Prioris & Monacho∣rum Ecclesiae Sanctae Mariae Magdalenae de Stanesgate, assensu conuentus Ecclesiae Sancti Pancratij de Lewes, omnes Decimationes illa∣rum

de feodo de Clerkenwell cum pertinen∣tijs suis.

And Maurice of Totham and Muriel his wife grant to the Nunnerie,

Ius parochiale in per∣petuo habendum in terris nostris quas habe∣mus & tenemus de Episcopo Londinensi iuxta Londoniam, & in hominibus in eisdem terris existentibus & in certis terris nostris quae ad Parochiam pertinent.

And further, that those Lands and his Tenants should be ioind

Iure Pa∣rochiali to the Church of the Nunnerie, Et quod homines illi reddant & faciant quae Pa∣rochiani debent reddere & facere suae Matri Ecclesiae.

And that the Nunnes should qui∣etly enioy all Tithes of those Lands, according to the intent of the Grant from the Priorie of Lewes in Sussex; which also is rememberd else∣where in the same Chartularie.

Maude of Mandeuill, Countesse of Essex and Hereford grants,

Totam Decimam totius vi∣ctus nostri & familiae nostrae vbicunque fueri∣mus de panibus & potibus & carnibus & eti∣am de Piscibus sicut in Carta Domini G. de Mandeuilla Comitis Essexiae antecessoris no∣stri continetur.

And a great Curse is added to all such as should disturbe or preuent the Nunnes in their enioying of that Tithe. The reference made is to that which is before menti∣oned in the Patent of Confirmation, made by Henrie the second. This of Maude was about

the beginning of Henrie the third, and is but a confirmation of that of Geffrey of Mandeuill, made Earle of Essex by Maude the Empresse.

Out of the liues * 2.576 of the Abbots of S. Augu∣stines of Canterburie, written by Tho∣mas Sprot * 2.577, a Monk of the Abbey vnder Edward the first.

Eodem anno Domini (videlicet M.LXX.) in villa de Fordwico, Willielmus Rex contulit Sancto Augustino & fratribus eiusdem coeno∣bij, Ecclesias de Fauersham & de Middeltune, & Decimas de omnibus redditibus proueni∣entibus ex illis duobus Manerijs S. de Mid∣deltune & Fauersham & Decimam de omni∣bus appendentibus, Terra, Syluis, Pratis, & Aqua, excepta Decima Mellis & Gabuli dena∣riorum. Et sunt istius donationis septem Car∣tae diuersorum Regum praeter istam.

That Gabulus denariorum is rent paid in money. Scot∣land was then Abbot there.

In the same Abbots time, Odo Bishop of Bay∣eux, and Earle of Kent, gaue to the Abbey,

Decimas aliquas quas mei fideles habebant, id est, Athelwoldus de tribus villis quae dicun∣tur Knolton, Tiskenherst, Ringelton, & Deci∣mam totius terrae Turstini, necnon Decimam Osberni filij Letardi de duobus locis, id est, Bedlesangre. Decimam etiam Osberni Pay∣fori de villula quae dicitur Bochland. Haec

omnia (as the words of his Charter are) dono concedo & confirmo &c. Si quis verò huic donationi contrarius fuerit, vel aliquam ca∣lumniam ingesserit, aeterno anathemate ipso facto sit reus & Regiae Maiestatis &c.

Then the Autor tells vs, that afterward William d' Au∣bigny wrongfully took the Tithe of Knolton and Ringelton from the Abbey, as Roger of Memires did the Tithe of Bochland.

In the yeer M.LXXIX. Scotland being still Abbot, Herebert Fitz-Iuo gaue to the Abbey,

Decimas quinque Mansionum suarum vel cen∣tum solidos nummorum quod in arbitrio Ab∣batis & fratrum S. Augustini constituit vtrum Decimas ipsas vel centum solidos pro Deci∣mis acceptarent.

Those fiue Mansiones, or Farmes, or Mannors, were Oliue, Ewelle, Os∣prenge, Heregedsham, and Langedone. But this Tithe was afterward (sayes Sprot) wrongfully detaind from them by William Peuerell.

About the same time, Abbot Scotland made a Lease of V. Solings (that is, Solins, or Selions, which are made the same with Hides, or Plough∣lands, by some * 2.578 good autoritie) about North∣bourne to one Wadard for life, reseruing rent of XXX. shillings, and the Tithes, of all profits there accruing, to himselfe.

The same Abbot leased for life to Amfrid Mauclerc his Land of Riple, and of Aluetune, vpon like condition, that Mauclerc should pay

to the Abbey all the Tithes both of those Lands as also of his V. Mannors, Hortun, Legu, Ernol∣ton, Seeldrisham, and Oslacestone, and also all o∣ther Tithes of his yeerely encrease whatsoeuer.

Decimam etiam tam frugum quàm omnium animalium suorum & caeterarum rerum.

One Hugh Fitz-Fulbert had a Lease for life of the same Abbot, of two Solings of Land in Sibertesweld, whereupon rent of XX. shillings yeerly was reserued, and this Condition also an∣nexed,

Vt daret etiam Decimam omnium re∣rum suarum quas ipse in dominio haberet.

When Hugh of Trottescliue, Abbot there, founded his Hospitall of S. Laurence, among o∣ther Endowments, hee gaue it,

Totam Deci∣mam totius annonae de dominio de Langeport

. This was vnder King Stephen.

And

Anno Domini M.C.LXXXVIII. Ro∣gerus Abbas tradidit Priorissae de Scapeia De∣cimas de Westland intra Parochiam praedictae Priorissae pro quatuordecim solidis annuatìm reddendis sacristae S. Augustini

. What Tithes were intra Parochiam of the Prioresse of Shepey, were by former Grant of the owner conueyed to the Abbey.

Out of Peeter of Blois his * 2.579 continuance of the Historie of the Abbey of Crow∣land in Lincolnshire.

At the foundation of the Church, new built

by Abbot Ioffrid, in the time of Henrie the first, a great meeting was of the deuouter sort of Yorkeshire men specially, and others, to the num∣ber of aboue fiue thousand in all. and most of them laid stones at it, and vpon the stones, some offered Money, some the Patronages of Chur∣ches granted by Charters, others Tithes of their Lands: as for example, the words are,

Iuxta illum proximum lapidem versus Boream po∣suit Simon Miles & vxor eius Gulana offeren∣tes Ecclesiae Decimam de Morton, & de Schap∣wik; & iuxta illos proximum lapidem versus Boream posuit Reinerus de Bathe Miles & vxor eius Goda offerentes operi Decimam de Hou∣tona & de Birtona.

Out of the * 2.580 Lieger-Booke of the Abbey of S. Albons in Hertfordshire.

The Abbot and Couent, about 20. of Henrie the third, gaue to the Church of the holy Trini∣tie de Bosco, and the Nunnes there, for euer, To∣tam Decimam de dominio nostro de Caysho in om∣nibus rebus de quibus Decimae dari solent, and two parts of the Tithe Corne of the Parish of Wat∣ford, and some other moities of Tithes, the rest being in the Parson of Watford. But that of the demesnes of Caysho was newly now created, and expressed for the prouision of apparrell for the Nunnes. But this being so long after the Con∣stitution of Lateran, and being made only out

of their demesnes which perhaps they had dis∣charged, doth only giue an example among ma∣ny, of another originall way of creation of tithes in some Monasteries, but not so much adde to or confirm the arbitrarie course of disposition of them by Lay men in times before that so fre∣quently vsed.

Henricus Rex Angliae R. Episcopo Dunel∣mensi & omnibus Baronibus suis salutem. sci∣atis me (it is Henrie the first) dedisse Deo & S. Mariae, & S. Oswino, & Abbati de S. Al∣bano, & Monachis de Tinemuth omnes Deci∣mas suas per Northumberland quas Robertus Comes (that is Robert of Mowbray Earle of Northumberland, who in time of William the se∣cond founded the Priorie of Tinemuth) & ho∣mines eius donauerant eis, scilicet * 2.581 Decimas de Colebrige, & illas de Ouinton, & de Wylun, illas etiam de Neuburn, & illam de Discington & de Caluerdon, & de Elstwic, & illas etiam de Bothall, & de Werkwrth, & de Anebell, si∣militer & de Roubyrie, & de Wulloure, & volo ac praecipio quatenus supradictus Abbas & Monachi de Tinemuda, benè & integrè ha∣beant illas ac liberè teneant in mea pace, & quod nullus eis inde aliquid auferat super me∣am forisfacturam. T. Nigello de Alben. apud Brantonam.

By the same King.

H. Rex Angliae Ranulpho Episcopo Dunelmensi, & Alfrico & Luilia

Vicecomitibus salutem. Sciatis me concessis∣se & dedisse Deo, & Sanctae Mariae, & S. Os∣wino, & Abbati de S. Albano Decimas quas Hubertus de Lauall ante dederat Monachis de Tinemuda, scilicet de Setona & Caluerdona, & de Discingtona, & volo ac praecipio vt benè & integrè in mea pace teneant eas, & quod nullus super eis iniuriam faciat. T. Nigello de Alben. apud Wintoniam.

This was either a confirmation of a consecration made by De La∣uall, or els a gift of Tithes out of the same lands, by the King, after some escheat or other new title accrued to the Crown. The Church or Pri∣orie of Tinemuth was giuen to the Abbey of S. Albons by William the second, after Robert de Mowbray had forfeited the Patronage, among the rest of his estate, by treason.

Henrie the second confirms to the Monks of Tinemuth all their Churches appropriated, and Decimas de Corebriga, & Newburna, & de Wertewrtha, & de Rodbiria, & de Botala & Wlonera, & de Wylum & Ditentona, & de Caluerduna, & de Alswicha, & de Anibella, & Decimas de Dominio de Herth, & de Setona, & de Tunestal, & de Daltona, & de Mideltona, & de Ouinthuna. All which were, without Churches, formerly and in perpetuall right con∣secrated by the owners deuotions. the like often occurres in confirmations made to them by the succeeding Kings.

In 7. Rich. 1. Hugh of Pudsey Bishop of Dur∣ham, confirms to the Monks of Tinemuth,

Om∣nes Decimas & obuentiones tam in blado quam in alijs decimationibus tam de domi∣nijs Regis quam Baronum, siue aliorum fide∣lium & propriarum villarum, & dominiorum tam in Northumbria quam in Haliwarchfolk (that is in the Territorie of the Bishoprique of Durham) ita plenariè & liberè possidendas, sicut eas pleniùs & meliùs habuerunt vel habe∣re debuerunt, tempore nostro vel antecesso∣rum nostrorum, & sicut donatorum Cartae testantur.

And some other Churches of such generall ratification they haue from the Arch∣bishop of York.

In the instrument of foundation of the Cell of Belveir, made between Abbot Paul and Ro∣bert of Belvedeir or Belveir, or de pulchro visu, that Robert grants it the Tithes of all Lands that he should hereafter purchase. Omnium terrarum quascunque per Dei adiutorium & concessum Re∣gis in suum dominium ad quirere, quoquo modo pos∣set, dedit & concessit Decimas eidem Ecclesiae san∣ctae Mariae; that is to the Cell; which was at first purposed for a Parish Church, but by aduice of Archbishop Lanfrank was cōuerted into a Cell. Dedit etiam & concessit Decimas Vinearum sua∣rum omnium & sedem molendini in proxima aqua, & concessit Decimas decem villarum ad praesens, ex suo videlicet dominio annonae, omnium que rerum

de quibus Decima danda est & datur, semota qui∣dem tertia parte Presbyteri villae. The names of the Mannors or Towns of which he thus gaue two parts of the Tithes, are, Horton, Fraton, Sa∣perton, Rishendon, Stoches, Wiberteston, Segeton, Medburne, Wiwell, and Wlstanestorp.

Robert of Piriton gaue to the Abbey, the Church of Saint Marie that he had built in Pi∣riton; and endowd it with gift of all the Tithe, eiusdem villae sui dominij & omnium suorum homi∣num ibi manentium omnium illarum rerum de qui∣bus recte Decima datur; And in Nicenton he gaue all the Tithe of his demesnes only. In Cauendeis & Hocaton & Aperston, Decimam dominij sui, ex∣cepta cantaria.

Ralf of Limesi gaue to the Church of Saint Marie also that he built in Piriton, Decimam su∣am in eadem villa &c. & Decimas hominum eius∣dem villae ipsis libentèr concedentibus. Apud Ni∣centonam dedit duas partes Decimae suae &c. apud Hulferlea dedit similiter duas partes Decimae suae & apud Eprestunam similiter & apud Cauendeis & Hocktentunam. And these endowments are there called beneficium Ecclesiae. These and o∣ther Tithes so seuerally granted are confirmed to the Abbey by Alan de Limsey, Gerard de Limsey and others of the posteritie of Ralf. The Tithe of the Agistment of Bibesworth-wood, al∣so was granted by Ralf, and of other Agistments, with prouision also that if the woods were assar∣ted

or improued by culture, the Abbey should haue Tithe in kind of the improuements. The whole Deeds o•• conueiance are there at large. and a Bull of confirmation was long afterward obtaind from Pope Alexander (as I thinke) the fourth.

W. Peuerell giues to the Monks of Hatfield

Decimam denariorum meorum de Meldona, & rectam Decimam de Dona de omnibus re∣bus de quibus rectè datur Decima.

And then addes Churches of other places cum Decimis. that was in Henrie the first's time.

Out of Matthew Paris * 2.582 his liues of the Abbots of S. Albons.

In the time of Abbot Paul, vnder Henrie the first.

Data est, saith he, huic Ecclesiae Decima de Cundella, & Decima de Rigentona, & De∣cima de Roniges, & de Brethelham, & de Her∣laga, & de Thamiseford, & de Cliftona, & De∣cimae quatuor villarum istarum s. Hunteslege, Gertheham, & de Brunfield, & Redlàng. Et duae partes Decimae villarum istarum s. Se∣dintonae & Boctonae. Et tota Decima de Trum∣pinton, duae partes Decimae de Wacerleia. Por∣ro in Hertfordsira duae partes Decimae de E∣senden & Beiford, & de Hertfordingbirie.

and other like.

Out of the Chartularie * 2.583 of the Priorie of Boxgraue in Sussex.

About the yeer M.C.LXXX. a confirma∣tion is made by William S. Iohn, of what had been formerly granted to the Priorie by his An∣cestors; and among other possessions, occurres

Decima de Chienore, and Decima omnium nemorum suorum de honore Halnaci in pais∣sone & venditione, & alijs exitibus.

And this William for the maintenance of a fourteenth Monk (there being but thirteen by the first foun∣dation) which he added, gaue,

Decimam gabulo∣rum suorum de

Estretintona, and other places. & ex dono Petri de Hampton decima molendini sui, is related to be theirs.

The same William in another Charter grants,

In subscriptis Ecclesijs scilicet Walborton, Barnaham, Hantoneta, Honestum, Mundeham, duas portiones de terris & decimis omnibus quae ad ipsas pertinent (for the third parts were assigned by him, and the Bishop, and the Prior to Vicarages) & in omnibus praescriptis Eccle∣sijs aduocationem liberam & praesentationem Presbyterorum qui in sua persona in illis Ec∣clesijs Deo assiduè deseruiant &c. Et reddidi Decimam Gabulorum de Stretinton, videli∣cet VIII. solidos per annum;

and the Tithe of other Rents.

Robert S. Iohn, brother of this William, giues

Decimam omnium gabulorum de Walborton, & Decimam omnium gabulorum totius vil∣lae de Bernham quam frater meus Willielmus de S. Iohanne dedit mihi, ad tenendum in ser∣uitio Dei quartumdecimum Monachum in Conuentu Boxgraue, quia priùs solùm trede∣cim fuerant. Quod si quartusdecimus ibi de∣fuerit, Tustinus nepos Dunelinae vel haeres suus colliget & tenebit eas vsque ad annum inte∣grum; si verò vltra; dabuntur pauperibus & viduis, & Orphanis duarum villarum. Teste Willielmo de S. Iohanne, Waltero & Willielmo Capellanis, Rogero Hai, & Thoma filio suo, Ro∣gero de Kaisnei.

And a confirmation is there also by William S. Iohn of the gift (that is of the profits receiud by the Lord in mony or rent.) which lay indeed properly in the Lessors grant. and therefore also William the Lessor had by an∣other Charter granted those Decimas Gabuli to Robert, to the same purpose, which he expresses in his Deed of consecration to the Priorie. the Lessor's grant to him, the confirmation and his consecration were enough to setle this Tithe-rent in the Monasterie. but cleerly this could not haue discharged any former right of Tithes in kind payable out of the Land.

The Churches of Warberton and Bernham and the rest before named with others, were, with the belonging Tithes, appropriated to the Priorie, but the Tithes alone of Thadeham and

Kienor (which they call Chienor) were by grant from the Ancestors of the S. Iohns, setled in the Priorie and neuer named with any Church, as appears in sundrie Confirmations of them. So also is Decima de Liperinges, in the ratification of such Grants to them made about that time by Iohn and Seffrid Bishops of Chichester and Richard Bishop of Canterburie. Of that Tithe of Liperinges see more within a few lines.

Sciant praesentes & futuri quod ego Richar∣dus de Tresgoz filius Philippi Tresgoz dedi & concessi, & hac praesenti Carta mea confir∣maui Deo & Ecclesiae B. Mariae de Boxgraue, & Monachis ibidem Deo seruientibus pro sa∣lute animae meae & vxoris meae & antecesso∣rum meorum, & vt missa pro anima mea, & vxoris meae, & pro animabus patris & matris meae, & antecessorum meorum, in praedicta Ecclesia de Boxgraue, ter in vnaquaque septi∣mana celebretur, omnes donationes quas ha∣bent de donationibus Philippi patris mei & antecessorum meorum tam in terris quam in Decimis magnis & minutis, in Manerio meo de Hamptunete. Et insuper dedi & concessi & hoc scripto autentico confirmaui praedictis Monachis de Boxgraue, omnes minutas deci∣mas de praedicto Manerio meo de Hantunete, scilicet in agnis, in vitulis, in pullis, in porcis, in aucis, in lanis, in caseis, in pomis, in fructi∣bus, & in omnibus alijs rebus vndecun{que} De∣cimae

Sanctae Ecclesiae spectant aut prouenire debent tam maiotes videlicet quam minores. Et vt haec mea donatio & concessio perpetuae firmitatis robur obtineat eam praesentis scripti testimonio & sigilli mei munimine roboraui. His testibus Roberto persona de Storhetune, Stephano Capellano, Philippo Bernhuse, Wil∣lielmo Picoth, Willielmo Purcaz, Philippo de Perham; & multis alijs.

This was in the same time, vnder Henrie the second.

Geffrey of Coleuill giues to the Priorie De∣cimam

de Kienore de toto dominio meo in terris cultis & incultis in Pomerijs in Pisca∣rijs & Molendinis in perpetuam & liberam, E∣leemosynam saluâ tertia portione totius Deci∣mae praefatae de Dominio meo quae ad Ecclesi∣am de Hidlesham pertinet cum tota Decima de vilanagio meo. Et vt hoc firmiter teneatur, sigillo meo confirmaui hoc scriptum his testi∣bus Humfrido de Sartill &c.

Robert of Coleuill grants them Duas por∣tiones

Decimae Garbarum de toto dominio meo de Kienore in perpetuam & liberam E∣leemosynam ex donatione antecessorum meo∣rum ijs priùs collatam.

Sciant praesentes & futuri quod ego Radul∣phus de S. Georgio & Agatha vxor eius & Ala∣nus haeres eorum dederunt & concesserum Deo & S. Mariae & Monachis de Boxgraue Decimam de Liparinges in perpetuam Elee∣mosynam

quam priùs dederat eis Basilia mater ipsius Radulphi. Et ipsi Monachi debent fa∣cere habere Ecclesiasticum seruitium in Eccle∣sia sua de Ichenora vel in Capella sua de Brid∣deham hominibus praedicti Radulphi moranti∣bus apud Liparinges, & in singulis Hebdoma∣dis vnum seruitium pro anima Basiliae & pro cunctis fidelibus defunctis donec praedictus Radulphus vel haeredes sui ibi fecerint quod∣dam Oratorium, in quo vnus de Capellanis Monachorum faciet praedictum seruitium in Hebdomada. Testibus Ranulpho Capellano Ricardo Capellano de Boxgraue, Roberto Le∣gato, & alijs multis.

This was about King Iohns time.

Out of the * 2.584 Chartularie of S. Neots or Needs in Huntingdonshire.

Omnibus Sanctae Matris Ecclesiae filijs Se∣herus de Quincy salutem. Sciatis me concessisse & confirmâsse Monachis S. Neoti Decimatio∣nes quas antiquitus habuerunt de terra mea in Grantesete, s. totam Decimationem dominio∣rum quae fuerunt Roberti Fafiton in eadem villa tam terrarum quam virgultorum. His te∣stibus &c.

A like Instrument of Confirmati∣on from him, is of two parts of the Tithes of Suho, and of a third part of the Tithes of Einse∣burie, which had been likewise formerly setled by arbitrarie consecration, in the Monasterie.

This was about the fourth yeer of King Iohn, and was confirmd by the Bishop of Ely.

Sciant praesentes & futuri, quod ego Albi∣nus Fafiton concedo & per hanc Cartam con∣firmo Deo & Ecclesiae S. Neoti fratribusque meis, eiusdem Ecclesiae Monachis, Decimam il∣lam quam Robertus Fafiton auus meus & Eu∣stachius pater meus eis dederunt & concesse∣runt, s. de terris & pecunijs totius dominij mei in Grantesete & in Suho & in Weston duas par∣tes Decimae: & iuxta Ecclesiam de Grantesete vnam mansuram quam pater meus cum eadem Decima eis concessit &c. Hoc donum factum est anno quo Rex Angliae Henricus secundus duxit exercitum apud Tolosam.

Sciant praesentes & futuri, quod ego Galfri∣dus filius Suani & Hathewis vxor mea & Adam filius noster concessimus Deo & Ecclesiae sancti Neoti & Monachis Becci (this Priorie was a Cell of the Abbey of Bec in Normandie) ibi∣dem Deo seruientibus, pro salute nostra, duas partes Decimae bladi & omnium rerum quae Decimati debent illius Hydae terrae in Croxton quam tenuit Adelwoldus Flammangus auus praedictae Hathewis, quas ipse dedit Ecclesiae S. Neoti in perpetuam & liberam Eleemosy∣nam. T. &c

Ego Robertus Waste concessi Deo & S. Ma∣riae Becci & S. Neoto Confessori & Ecclesiae eius de Ernelesberia & Monachis qui inibi de

seruiunt, duas partes totius Decimae meae de Wereslai in omni videlicet substantia mea, in segetibus & animalibus vnde Decima dari de∣bet, & hoc fieri praecipuè pro anima Soeni de Essessa & pro salute domini mei Roberti filij praedicti Soeni qui mihi hanc terram dedit & pro salute Gonnor vxoris suae & pro salute mea & vxoris meae & Willielmi filij Gerei pa∣tris sui & pro anima patris mei & matris meae & fratris mei & omnium amicorum & anteces∣sorum meorum &c.

This was afterward con∣firmed by the heires of Robert Waste. but in the Confirmations it appears, that Torold Waste had also granted it before Robert. Torold, I thinke, was Roberts father, and had granted it about Henrie the second his time.

In the Titles of the Deeds there, is Carta Ro∣berti de Ferrers de Decimis de Benewell. but the Charter it selfe is wanting.

Out of the Chartularie of the * 2.585 Hospitall of S. Leonards in Yorkshire.

Stephanus Rex Angliae Archiepiscopo Ebo∣rum, Iusticiarijs, Vicecomiti, Baronibus, mi∣nistris & omnibus fidelibus suis Eboracshire, salutem. Sciatis quia concessi & dedi in per∣petuam Eleemosynam pro anima Regi•• Hen∣rici 〈◊〉〈◊〉 mei, & pro salute animae meae, & Matildis Reginae vxoris meae, & Eustachij fi∣lij mei, & aliorum puerorum meorum Deo &

Hospitali Sancti Petri Eborum omnem Deci∣mationem de Theloneo villae de Thicahilla & omnem Decimationem Molendinorum eius∣dem villae & praeter haec V. bouatas terrae in Wlnethuat, & vnam bouatam in campo de Bagalaia. Quare volo & firmitèr praecipio quod benè & in pace & liberè & quietè & ho∣norificè hanc Eleemosynam teneant, quicun{que} honorem de Thicahilla habeat, sicut Eleemo∣synam Deo & pauperibus Christi in perpetu∣um datam. Teste Henrico de Essex & Adam de Belin & Willielmo de Clarafai apud S. Ed∣mundum.

But in the Bulls of Confirmation from diuers Popes made to the Hospitall, no mention is of these Tithes.

Out of a Ms. of Constitutions, * 2.586 Charters, and Writs, touching the Prouince and Church of York.

Ael Dei gratia Carleolensis Episcopus. Om∣nibus sanctae matris Ecclesiae fidelib{us} in Christo salutem, & orationem: Notum sit omnibus & videntibus & audientibus has literas me de∣disse & concessisse Decanatui Eborum & Willi∣elmo Decano & omnibus eius in Decanatu successoribus Decimas Molendinorum de Po∣kelinton & de dominio meo & de tota socha. Sic enim prouisum fuit & constitutum à Rege Henrico. Constitutum autem & confirmatum est de omni possessione debere Decimas dari

tam in Molendinis quam in rebus alijs, ideo{que} autoritate Apostolicâ & nostrâ per excommu∣nicationis sententiam prohibemus ne aliquis has Decimas Molendinorum auferre & dimi∣nuere praesumat. Regia tantùm dignitate ex∣cepta, in quam nullam dare praesumimus sen∣tentiam.

Valete. This Ael is Aethelulph, the first Bishop of Carleol, Confessor to Henrie the first, who first made it a Bishoprique in M.C.XXXII.

Out of old Charters remaining in the hands of that Noble Knight Sir Robert Cotton.

* 2.587R. Dei gratia Cicestrensis Episcopus G. De∣cano caeterisque fidelibus Sanctae Ecclesiae sa∣lutem & benedictionem. Sciatis me concessisse Brunkino de Hasting dare Decimam suam to∣tam de dominio suo de terra quam ipse tenet in Marisco de Penensel Deo & Ecclesiae sancti Martini de Bello (to the Abbey of Battell) pro anima sua & omnium parentum suorum salute. Concedo etiam hanc Decimam & om∣nes alias Decimas quas ipsi Monachi de Bello habent in Parochia mea quatenùs eas liberè & quietè teneant & possideant imperpetuum abs∣que omni molestia; videlicet nominatìm Deci∣mam Vulwini de Henam, Decimam Sewini de Glutintune, Decimam Lewini de Badeherste, Decimam quam Parochiani Ecclesiae Sanctae

Mariae de Bello dant de Nedrefelde, Decimam quam Ailricus de Ora dat, Decimam de He∣linfalde quam ipsi Parochiani Sanctae Mariae de Bello dant, Decimam de Boccholte, & Deci∣mam de Bromham quam Ailwi & Aethelida dederunt cum filio suo Benedicto quando effe∣ctus est Monachus absque omni calumnia in perpetuum tenendam. Similitèr etiam & om∣nes Ecclesias & Decimas quae eidem Ecclesiae datae sunt, vel quas eadem Ecclesia & Mona∣chi tenent in Parochia mea vt eas liberè & qui∣etè teneant Episcopali autoritate confirmo. Vnde vobis & omnibus successoribus vestris & omnibus Christi fidelibus me eis inde aliquam molestiam, vi, aut venditione, vel qualibet oc∣casione faciatis, super anathematis vinculo de∣fendo. T. Henrico Archidiacono, Rad. Ca∣pellano, Calone Cantore.

Neither the whole name of the Bishop, nor the date, are found in the Instrument. But it appears by the hand, and that R. designing the name, to be of the time of Henrie the first, and made by Ralf then Bishop of Chichester.

In a Deed of William Earle of Warren and Surry,* 2.588 made in the time of King Stephen to the Priorie of Lewes in Sussex, after some immuni∣ties giuen them in all Lands which they held of his fee, this Grant follows:

Dono etiam illis de omnibus dominijs meis plenariam Deci∣mam, videlicet, de Blado, de Foeno, de Agnis,

de Velleribus, de Caseis, & plenariam Deci∣mam denariorum de omnibus redditibus meis de Anglia. Quamuis autem ex illis denarijs in procuratione mea siue aliorum quorumli∣bet expendatur, ex illis tamen plenaria supra∣dictis Monachis reddatur Decima. Et si do∣minium meum aut redditus mei creuerint, eo∣tenùs crescat & Decima Monachorum. Haec supradicta ego pro salute animae meae & pro animabus antecessorum meorum praedictis Monachis concessi & hac mea praesenti Carta confirmaui quando feci dedicari Ecclesiam Sancti Pancratij

(that is, the Priorie of Lew∣es) &

de Decima denariorum de omnibus red∣ditibus meis de Anglia dotaui ipsam Eccle∣siam, & inde seisiui eam per capillos capitis mei & fratris mei Radulphi de Warenna, quos abscidit cum cultello de capitibus nostris ante altare Henricus Episcopus Wintoniensis. Teste Teobaldo Archiepiscopo Cantuariensi, Henri∣co Episcopo Wintoniensi, Rodberto Episcopo Bath. Ascelino Episcopo Rouecestr. qui eandem Ecclesiam dedicauerunt, & Teste Edwardo Abbate Rading, Waltero Abbate de Bello, Wal∣tero Priore Cantuariensi, W... Archidiacono Cant. Richardo Decano Cicestr. Rodberto Ar∣chidiacono, Iohanne de Pagham, Willielmo Comite Cicestr. Rad. de Warrenna, Reg. de War. Hugone de Petrep. Radulpho de Pleiz, Rod∣berto de Wesneuall, Rodberto de Frieuill, Rod∣berto

de Petrep. Willielmo de Petrep. Adam de Puninges, Guidone de Mercecurt, Williel∣mo filio suo, Willielmo de Droseio

The intent of this was to setle the Tithes of all his reuenues wheresoeuer through England, in the Priorie. in kind, of his demesnes; in mony, of his Rents. neither did he grant only the Tithe of what he then was seised of, but of all future purchase al∣so and improuements. that liuerie of seisin, as it were, made vpon the Altar by the Haire of the head both of the Grantor and of his brother, is not without other example of those ancient times wherin both Tithes a 2.589and other possessions were solemnly consecrated, either by haire, or a horn, or a cup, or a knife, or a candlestick, or whateuer that might really be deliuered on the Altar. For, the forme of conueiance in perpetu∣all right, both to the Church and Laitie, was to giue into b 2.590 the hands of the Grantee or Feoffee some such thing, as at this day a Twig or a Turff is in feoffments. or as in Institutions (according to the Formularie of the Court of Rome) a Ring is to be giuen. and the Altar was vsually made the place of such a liuerie. But in the examples of cutting the haire especially in this where Hen∣rie Bishop of Winchester doth it, perhaps more was vnderstood then only a liuerie vpon the grant. had it not also some reference to the an∣cient ceremonie of cutting the haire at a Confir∣mation? which was vsually done by the Godfa∣thers,

as may be collected out of that of Adre∣uald, where c 2.591 he speaking of Charles Martell, saies, that Pepigit hic foedus cum Luitprando, ei{que} filium suum Pipinum misit vt more Christianorum fidelium eius capillum primus attonderet, ac pater illi spiritualis existeret. I dare affirm nothing with confidence herein. But it is specially obseruable that this Charter of the Earle of Surrey was not, it seems, made without great aduice as well as testimonie, both of Clergie and Laymen. wher∣to you may adde the iudgement of Theobald Archbishop of Canterburie, in his reprehension of Ala, Countesse dowager of Warren and Sur∣rey, for not payment of the Tithes of her dowrie according to the Grants of the Ancestors of her husband. The original of the admonition to her, speaks thus:

d 2.592 T. Dei gratia Cantuariensis Archiepiscopus Anglorum primas & Apo∣stolicae sedis Legatus. Dilectae filiae suae Alae, Comitissae Warennae salutem. peruenit ad au∣res nostras religiosorum fratrum Lewensis Ec∣clesiae Monachorum, stupenda querimonia quam cum ipsi ex antiqua donatione Comi∣tum Warrennae, videlicet Aui & patris Wil∣lielmi viri tui, & sui ipsius etiam antequam Dotem tuam consecuta fuisses, de omnibus Dominijs Comitis Decimationem Denario∣rum semper inconcusse, tanquam Ecclesiae suae dotem possederint, tu, post perceptam dotis tuae inuestituram, eiusdem fratribus ipsam De∣cimationem,

quae ad Dotem tuam spectabat, subtraxeris. Quod si ita est, vehementèr admi∣ramur cum eorum quae Deo & Ecclesiae suae in eleëmosynam collata esse noscuntur nihil doti tuae vendicare debeas nec possis. Crudelen. est & sacrilegio proximum quod super diui∣num Altare semel deuote oblatum est iterùm repetere, & ad secularia transferre. proindè tibi salubritèr consulimus, & in Domino ad∣monemus quatenus sicut vis ius tuum tibi à Deo liberè conseruari, ita ius suum cum inte∣gritate Monachis relinquas. & nullatenus da∣tam eis denariorum decimationem dotis tuae retineas; alioquin eis in iustitia deesse non poterimus, cuius debitores omnibus existim{us}.

Although he speaks only of the Decimatio dena∣riorum, yet in regard that he mentions it with de omnibus Dominijs Comitis, it cannot be well vnderstood otherwise then of all the Tithes of the Earles possessions, according to the former grant.

Richard de Muchegros about King Iohns time, confirms to the Abbey of Persore two parts of the Tithes which was wont to be paid to it out of his land of Wlhaueshulle, tam bladi quam lini & faeni (exceptis linis Curtilagij mei de Dominico meo de Wlhaueshulle) as also the third part of the Tithes of his Tenants there, and further grants them Duas partes decimarum bladi de om∣nibus assartis meis ibidem de nouo factis & de om∣nibus

assartis per me vel per haeredes meos in poste∣rum faciendis &c. this is sealed. the seale is cir∣cumscribed with ✚. S. Richardi de Wlhaueshule.

W. Prior of Lewes in Sussex giues in 44. Hen. 3. foreuer to the Priorie of Southwark, Decimas quas habuimus de Dominico Henrici de Holeghe apud Reygate, reseruing yeerly two shillings and six pence to be paid for them to the Sacristein of the Priorie of Lewes. How could this Tithe haue been in the Prior of Lewes to haue gran∣ted, without a precedent consecration from Holeghe, or some other, from whom he had de∣riud his estate?

Willielmus Dei gratia Wintoniensis Epi∣scopus, Stephano Archidiacono, & omni Clero Surreiae, & Baronibus, salu••em & bene∣dictionem. Notum sit vobis quod Siwardu•• de Ealdestede venit, me praesente ad Sudwer∣chiam, ibique super Altare diuina praeuentus gratia obtulit Decimam de Hludebrake Deo & eiiusdem genitrici & Virgini Mariae, & Ca∣nonicis ibidem Deo seruientibus perpetuali∣tèr, & hoc meo consensu. Quare iubeo ex parte Dei & mea ne quis eam retineat vel ab eadem loco auferat, vel possidentes illam per∣turbet Si quis vero citra hoc praeceptum quicquam inde facere praesumpserit, perpetuo anathemate feriatur. Cuius rei testes isti sunt Henricus de Twin, Stephanus Archidiaconus, Liuingus de Coleces Canonicus, Rogerus Ca∣nonicus,

Helias Dapifer, Iohannes Capellan{us}, Richerius, Vitalis de Wicford, Gozo Clericus de Micheam, Oswardus Monetarius, Walche∣linus.

This was in the time of Henrie the first, VVilliam Giffard being then Bishop of Winche∣ster. the seale remains to it.

VVillielmo Dei gratia Norwicensi Episcopo, Archidiaconis{que} suis de Sudfolc, omnibus{que} sanctae Matris Ecclesiae filijs, Galfridu•• filius Roberti & vxor sua Anneis in Domino salu∣tem. sciatis nos concessisse Ecclesiae Aposto∣lorum Petri & Pauli de Gipeswico, & Canoni∣cis Regularibus ibidem Deo seruientibus in perpetuâ ••lcëmosynâ Decimam molendini de Hagenford, scilicet VIII. solidos annu••••im, duos ad Natiuitatem Domini, duos ad Pa∣scha, duos ad festiuitatem S. Iohannis, duos ad festiuitatem Sancti Michaelis, & dimidiam marcam argenti de Fachendune, & Decimam foeni, & omnia quae habent infra villam de Broches, & extra ad eam pertinentia tam in terris quam in Decimis & redditibus, & in omnibus libertatibus datis praedictis Ecclesiae à praedecessoribus & parentibus nostris &c.

Vnder King Stephen it was made; and hath a seale annext.

Out of an Originall Charter of K. Stephens, made to the Priorie of Eye in Suffolk. It was in the hands of that Learned and Honorable the L. William Howard. I had the vse of it through the courtesie of that Noble Knight S^r. Robert Cotton.

Quoniam, diuinâ misericordiâ prouidente, cognouimus esse dispositum, & longe late{que} prae∣dicante Ecclesia, sonat omnium auribus divul∣gatum, Quod eleëmosynarum largitione possunt absolui vincula peccatorum, & adquiri coelesti∣um praemia gaudiorum: Ego ✚ Stephanus Dei gratia Anglorum Rex, partem habere volens cum illis qui foelici commercio coelestia pro ter∣renis commutant, Dei amore compunctus; & pro salute animae meae ✚ & patris mei, matris{que} meae, & omnium parentum meorum ✚ & ante∣cessorum meorum Regum ✚ Willielmi scilicet Regis Aui mei ✚, & Willielmi Regis Avunculi mei ✚ & Henrici Regis Avunculi mei, ✚ & Rot∣berti Malet, & con••ilio Baronum meorum, con∣cedo Deo & Ecclesiae Sancti Petri de Eia & Monachis ibidem in Deo seruitio congregatis, vt habeant omnes res suas quietas & liberas ab omni exactione, & teneant eas in Terris, in De∣cimis, in Ecclesijs, in omnibus possessionib{us} sicut vnquam melius & honorabilius tenuerunt tem∣pore Rotberti Malet, & tempore meo antequam

Rex essem; cum Soca vel Saca, & Tol & Tiem & infanganathief. ✚ Praecipio etiam vt teneant de quocun{que} tenebant (& non mittantur in placi∣tum) sicut tenebant die quam Henricus Rex fuit vivus & mortuus, & die qua ad Regni Coronam perueni. Sit etiam ipsa Ecclesia in meo Domi∣nio cum rebus subscriptis. Concedo Ecclesiam de Holesle, de Dineuet. de Bordenis, de Sut∣tun, de Stadebroc, de Wingefel; Et merca∣tum & theloneum de Oreford; praeter nauium quae pertinent ad firmam de Donerou * 2.593 {pro}{per} ✚ XXX. fol. Ecclesiam ipsam vbi Monachi habi∣tant cum terris suis; Decimam de Eia, Duode∣cim solidos de foro, vnam feriam per quatuor dies ad festum Sancti Petri Kalendas Augusti, nullus{que} in feria habeat potestatem nisi Monachi & homines eorum, & omnes illuc venientes & indè redeuntes habeant meam firmam pacem, nullus{que} eos in aliquo disturbet super X. libras forisfacturae. ✚ Habeat etiam Ecclesia eandem libertatem de Episcopo, de Archidiacono, de Decano, quam habuit à tempore Regis Eadwar∣di, & à tempore Eadrici de Lexefelda & Regis H. ✚ Sit{que} de Priore ponendo & remouendo sicut cōstitutum fuit in tempore Rotberti Malet. ✚ Habeat etiam omnes Decimas de Manerijs si∣cut habuit in tempore Rotberti Malet, scilicet de Eia, Stedebroc, Radingefeldia, Dineuet. Tatin∣get. Bedingham, Keleton, Olesleia, Leest. Done∣wic, Lessefeld, Bergebi, Willeburn, Seggebroc.

Colum. Caue. ✚ Concedo etiam Ecclesias has, De Beweseia, Seggebroc, Bergebi, & Ecclesias de Donewico, quae factae sunt & faciendae. De Be∣dingeham, Lessefeld & Presbyterum eiusdē villae, & de omnibus meis siluis Decimam pasnagij. Pis∣cariam etiam de Wells. At{que} totam Bedefeldiam, Storas, Pelecoc, Frasingefeld. Hoc etiam terrae quod habebant tempore Rotberti Malet. in Be∣dingeham, & omnia inconcussè teneant. Conce∣do etiam Ecclesiam Sancti Botulfi de Ica cum appendicijs suis quam dedit Willielmus de Ro∣uill, & Beatrix vxor eius, & terram Godem. de Iakl. & ea quae habebant in Donewico eodem Rotberto viuente. ✚. Horum igitur supradicto∣rum socam & sacam in omnibus concedo, & no∣minatim in Donewico & Decimas meorum ho∣minum; Walteri scilicet Arbalestarij, & Eccle∣siam Sancti MARGARETAE de Halgestowe, & terram quae ei pertinet. Decimam quo{que} Ro∣geri filij Walteri de Huntingefeld, & de Benges, Ricardi Houeell de Wiuerdest, de Geslingesh, Ri∣chingehal, Reindun; Decimam Hugonis de Alui∣lario in Brom, & in Selfhangers, & hoc quod Alwin{us} Presbyter tenet de eo in Beria. Decimam Willielmi de Rouilla in Clakestorp, & in Gleme∣ham, & de XXX. acris quas tenet Willielmus Bole de feudo Comitis Brittanniae; Decimam Willielmi Gulafri vnchennel; Decimam Petri de Bedingefeld; Decimam de Pleeford, & Ecclesiam villae & Aluricum Delfen cum sua terra; Decimam

Hernaldi filij Regeri in Witingeham & Ascheton; Terram Osberti de Crateuill in Acolt, & hoc quod Benedictus Capellanus tenebat de Rotberto Malato in Decimis, & rebus alijs; Decimam Will. De pesenhale; Decimam Iordani de Wile∣behe; V. fol De pentenhahe, quos Will. de Rouilla dedit; III. solidatas quas tenet Iohannes filius Rotberti; Terram Alwini filij Wulstan in Bede∣feld; VII. solidatas quas tenet Wulmer Presby∣ter de Codenham; Decimam Hunfridi filij Vnuei. Decimam Radulfi Grossi de Gretinges. XII. solid. de Aquitantia in Aldefen; Terram Wul∣mari in Akesleia; Et, praeter haec supradicta, concedo eis quod Decima eorum de Donewico crescat quoque anno in denar. & hareng. & in omnibus alijs rebus secundum hoc quod red∣ditus mei ibidem crescent. Teste Nig. Eliensi Episcopo, & Roger. Cancellar. Henrico nepote Regis Stephani; Galer. Com. de Mell. Rotberto filio Rich. Will. Mart. Adam De Beln. Iohan. Maresc. Hubert. Demunc. Iohan. filio Rotb. Vicecom. Gauffred fil. VValt. VVill. fil. Rog. Heru. de Glauill. Rich. de Alenc. Roger de Hosa. Anno ab Incarnatione Domini M.C.XXXVII. apud EIA secundo Anno regni mei, in tempore Ebrardi Episcopi Norwicensis, & Gausleni Prioris Eie. Ipse Rex subscripsit. Eustachius filius eius subscripsit. Matildis Re∣gina subscripsit. VVilliemus Cantuariensis Ar∣chiepiscopus subscripsit. Turstanus Eboracensis

Archiepiscopus subscripsit. Alexander Lincoln. Episcop. subscripsit. Henricus VVinton Episco∣pus subscripsit. Iohannes Roffensis Episcopus subscripsit. Eurardus Norwicensis Episcopus Simo Wigornens. Episcopo subscripserunt. Rot∣bert. Herefordens. Episcopus & Rotbert. Ba∣donens. Episcopus, & Gislebertus Lundonens. Episcopus subscripserunt. Quicunque aliquid de his quae in hac Carta continentur auferre aut minuere, aut disturbare scientèr voluerint, auto∣ritate Domini omnipotentis Patris & Filij & Spiritus Sancti & Sanctorum Apostolorum & omnium Sanctorum sit excommunicatus, Ana∣thematizatus, & a consortio Domini & limini∣bus Sanctae Ecclesiae sequestratus donec resipis∣cat & Regiae potestati XXX. libras auri per∣soluat: Fiat. Fiat. Fiat: Amen. Amen. Amen. It is the fairest hand and largest Charter that euer I saw of that age, and the Seale is yet hang∣ing to it. And in a Roll * 2.594 of the Benefactors of that Monasterie, verie manie are mentioned for their Donors of Tithes, or two parts, or third parts, of diuers Mannors.

Out of the Cartae antiquae among the Records of the Tower of London.

When King Henrie the second, and Pope A∣lexander the third, dissolued a 2.595 the number of the Nunnes of Ambresburie in Wiltshire (by reason of their vnchastitie) and filld the Nunnerie with

others out of those of Font-Euerard in Nor∣mandie, diuers Churches and Parishes were an∣next, by Grant and Confirmation, to the new Companie, and also Tithes seuerally, as Deeima de Fortesbiria, & de Wadhulla &c. & Mane∣rium de Etona cum Decima de dominio & medie∣tate Decimae rusticorum, & Manerium de Chel∣stamstona, cum Decima eiusdem Manerij &c. & Decimam de Ingafelot & de Godingeflot, cum omni iure Parochiali & Decima de Hamsteda, cum omni iure Parochiali. and diuers other such.

Henrie the second grants and confirmes to the Monks b 2.596 of Thetford in Norfolke, Decimam de Bradleia, Decimam de Offitona, Decimam de Florendona, Decimam de Moledona, and manie other such, without mention of Churches or Chappels with them; yet in the same Charter, diuers Churches of other places are by them∣selues conueyed or confirmed.

William the first giues to the Church of c 2.597 West∣minster, Decimam de Wic de eadem parte quae ad me pertinebat atque iterùm reddidi eandem par∣tem eis iniustè ablatam quam R. Edwardus antea dederat. Then seuerally follows diuers Appro∣priations of Churches. This was in the second of his raigne.

Henrie the second giues to the Church of Sarum d 2.598 diuers Churches with Tithes, and a∣mong them, Ecclesiam de Durneforda cum terris & Decimis quas Walterus filius Richardi &,

Isabella de Toeni & reliqui aduocati eiusdem Ecclesiae ei dederunt. & omnes Decimas & de Noua Foresta, & de Panetot, & de Bucholt, & de Andeuera, & de Husburna, & omnibus Forestis meis de Wilteshire & de Dorseta, & de Berkshire, de omnibus rebus scilicet de firma, de Pasnagio, de Herbagio, de Vaccis, de Caseis, de Porcis, de equabus & omnes Decimas de omni Ve∣natione praedictarum Forestarum excepta Decima illius Venationis quae capta fuerit cum stabilia in Foresta de Windleshora &c. What the Bishop had yeerly, by reason of this Grant, may be seen in Rot. Claus. 5. Hen. 3. Membran. 14. And for Grants from the Kings of the Tithe of Venison, other examples are obuious, as of the Forests of Essex to the Bishop of e 2.599 London, by King Iohn, and of others anciently, of the f 2.600 Tithe of the Venison taken in the Forests in Northampton∣shire, to the Abbot of Burie; to omit that of Henrie the first, his Grant of the Tithe of all his Venison taken in Yorkeshire, to the Abbot of York, which occurres in the g 2.601 Eire of the Forest of Pickering.

In a Charter of Henrie the first, many Tithes are granted and confirmed to the Priorie of Mountague h 2.602 in Somersetshire, as Duae partes Decimarum de Atford, Decima de Crimoc, & medietas Decimorum de Ciselberg, de Clafford, de Northon iuxta Taunton, & Decimae dominij de Merston, & de Hetecumb, de Candel, de

Torp, de Cernel, item de Cernel, & de tertio Cernel &c.

Henrie the first graunted i 2.603 to the Canons of Cambridge, Decimas de dominio meo de Cantebri∣gia & Ecclesiam S. Egidij &c.

About 3. Hen. 1. Manasses Arsio k 2.604 renewd his Charter to the Abbey of Fischamp in Norman∣die, and gaue them apud Sobrinton de suo domi∣nio duas garbas Decimae suae, and so in diuers o∣ther Mannors. Dedit & Decimas de cunctis de∣narijs suis & de pullis equarum suarum, de Vitu∣lis, de Ouibus, de Caseis, de Lana & Decimas de omnibus rebus suis, & Decimas de omnibus homi∣nibus supradictarum villarum. All which, was confirmed by the King. It seemes, that in De∣cimas de omnibus rebus the Corne was excep∣ted, according to the first Limitation of his Grant.

II.

To these might he added more out of the Rolls l 2.605 especially of Exemplifications or Con∣firmations. But the store is large that is alrea∣die deliuered. And to conclude it, obserue this most notable testimonie in a Writ of the Register and in Fitzherbert, that had reference to the common vse of those arbitrarie Grants out of demesne Lands at the owners pleasure, without vnderstanding of which vse, I shall doubt no man throughly vnderstands the Writ, nor the true ground of any Writ de aduocatione Decimarum. It is a singular example, and, as I remember, not

seconded or specially noted elsewhere in our Law books; and therefore I transcribe it whole.

Rex m 2.606 tali Iudici salutem. Monstrauit nobis venerabilis Pater H. Lincolniensis Episcopus quod cum I. praecentor Ecclesiae Beatae Mariae Lincoln. teneat de dono suo omnes Decimas Dominicarum terrarum suarum vel Dominici sui de N. quas idem Episcopus & praedecesso∣res sui Episcopi loci praedicti liberè conferre consueuerunt: Prior Beatae Katharinae extra Lincoln. clamans Decimas illas pertinere ad Ecclesiam suam de B. trahit eum inde in pla∣citum &c. Et quia placitum praedictum tan∣git Coronam & dignitatem nostram; praeser∣tim cum collatio earundem Decimarum ad nos possit deuolui ratione custodiae vel Esca∣etae, quia etiam consimiles Decimas conferi∣mus in quibusdam Dominicis, & similiter quamplures magnates regni nostri in Domi∣nicis suis, vobis prohibemus ne placitum il∣lud teneatis in Curia Christianitatis, nec ali∣quid quod in derogationem Regiae dignitatis nostrae cedere valeat, in hac parte attentetis seu per alios attentari faciatis quouismodo. Teste &c.

What can the intent of this be o∣ther, then that the Bishop, the King, and manie other Grandes of the Kingdome, did vsually grant or collate the Tithes of their Demesnes; which, because they were so grantable at the owners will, were (by the meaning of this Writ)

exempted from the Spirituall Iurisdiction. But thereof more anon. Perhaps the Writ is imme∣diatly to be vnderstood of Tithes collated in like sort as a Church; so that he which collated them, had aduocationem Decimarum (which ap∣peares also in the Register) as any other confer∣ring a Church, had Ecclesiae aduocationem. If not so; whence could the collation of these Tithes haue originall, sauing only from the making them seuerally a kind of Benefice (vnder the name of Decimae seperatae, that is, annext to no Church, as the Marginall note in the Regi∣ster well calls them) by arbitrarie Grant at first of the owner, no otherwise then a Church was made a Benefice to be bestowd, by the arbitrarie Ordinance of the Patron, at the foundation? Cleerly, had not the vse of conueyance of Tithes seuerally by Grant, preceded in practice, it could not haue been, that Quamplures magnate regni (as the Writ sayes) might Decimas liberè conferre in dominicis suis. Tithes alone could neuer haue been collated like a Benefice, had they not been first founded or created as a Benefice. And the Writ might seeme indeed to beare euen the cha∣racter of the time wherein that vse of arbitrarie Grants of Tithes was known, as of common pra∣ctice; which I vnderstand to be about King Iohns time; and that, before the Popes Decretalls, or other autoritie, had taken away the Lay-mens challenged libertie of granting Tithes seuerally,

according to the former example. And the ra∣ther might that coniecture hold, because also the Sigle expressing the Bishops name, is H. which by all likelyhood denotes Hugh Archdeacon of Wells, being L. Chancellor to King Iohn, and Bi∣shop of Lincolne. But it may be also, that it was had of later time, and at the suit of Henrie of Lexinton, made Bishop of Lincolne in 38. Hen. 3. and that, after Parochiall right was more setled. For notwithstanding the setling of it, and ma∣king Tithes then payable de iure communi to the Parish-Rector, yet it is certaine, that the former Grants (what through generall Confirmations from Rome, what through the Lay mens standing vpon their Patronages of Tithes, and vpon the Grantees acknowledgement of their first deuo∣tions in such Consecrations) still continued, and were subiect (in case the Aduocatio Decimarum might come in question) to such a Prohibition, vntill some alteration was therein made, as anon shall be shewed, where wee speake of the ancient vse of the Writ of Indicauit. But of what time soeuer the Writ was, it is plain, that the ground of it must come from that vse of arbitrarie Con∣secrations of Tithes, which seuerally also (as in it is supposed) made sometimes a kind of Bene∣fices that might be collated at the will of those who were owners of the Land whence the Tithes were payable. How could Tithes seuerally be collated by any Grandes, but from such origi∣nall

examples as are alreadie copiously deliue∣red? A like n 2.607 precedent of a prohibition I haue seen 7. Ed. 1. which because it so confirms the ancient purpose of that in the Register, shall be here at large deliuered. Edwardus &c. Archi∣diacono Wilteshyr. & eius Commissarijs salutem. Cum dilecti nobis in Christo Abbas & Conuentus de Osney ex collatione progenitorum nostrorum Re∣gum Angliae percipiant & percipi debeant, & ipsi & praedecessores à tempore collationis illius semper hucusque percipere consueuerint duas partes Deci∣mae garbarum prouenientium de dominicis terris Edmundi Comitis Cornubiae in Harewell, & quorundam tenentium suorum eiusdem villae in sub∣uentionem sustentationis Capellanorum & Cle∣ricorum in libera Capella nostra S. Georgij in Castro nostro Oxoniae ministrantium, Rogerus de Draytona Persona Ecclesiae praedictae villae de Harewell, clamans praedictas duas partes ad eandem Ecclesiam suam pertinere trahit ipsos Abbatem, & Conuentum inde in placitum coram vobis in Curia Christianitatis, sicut ex relatu plu∣rium accepimus. Quia verò praedictum placitum tangit nos & Coronam nostram & dignitatem, maximè cum▪ consimiles decimas in pluribus Do∣minicis nostris conferamus, & etiam plures Magna∣tes regni nostri consimiles decimas, quarum collatio ad nos ratione custodiae deuolui solet, similiter confe∣rant in Dominicis suis, & etiam quia cognitio su∣per iure patronatus huiusmodi Decimarum ad Cu∣riam

nostram pertinet; tibi vel vobis prohibemus ne placitum illud teneatis in Curia Christianitatis. T. meipso apud Wodestoke Octauo die Febr. anno regni nostri septimo. Here is plainly vnderstood whole Benefices of only Tithes, to be collated by the King and diuers of his Baronage. as the Tithes of the Kings Garden in Windesore are in o 2.608 record, collated by Henrie the third; and other like sometimes occur. Neither is that Canon of the Councell of Westminster held vnder Hubert Archbishop of Canterburie, in 2. Iohan. R. from any other originall to be interpreted, then from those common conueiances and grants of Tithes and Church liuings generally by Lay men to Monasteries. The words are, p 2.609 Lateranensis Concilij q 2.610tenore perpenso decernim{us} ne fratres Tem∣pli, vel Hospitalis, siue quicunque alij religiosi Ec∣clesias vel decimas, vel alia beneficia Ecclesiastica, sine Episcopali autoritate de manu Laica recipiant, dimissis etiam quas contra tenorem istam moderno tempore receperant &c. For howeuer, that in the Councell of Lateran, be interpreted (I enquire not how well) of Tithes only infeodated r 2.611 into Lay hands; yet in this Kingdom, where those in∣feodations were not, or were very rare (whereof anon more) how can it be well vnderstood but of new Grants or arbitrarie Consecrations of Tithes as well not before in esse, as of others con∣ueid by Inuestiture of Churches. But touching those conueiances of Tithes by Lay men, see

more in the XIII. Chapter where we speake of Infeodations.

III.

Out of those examples of Conueiances and arbitrarie Consecrations of Tithes (being but a few, and as an essay only of the multitude of them, which might be found in the Lieger books of other Monasteries) may easily be colle∣cted, the truth of those assertions in the old yeer books, which haue, without desert, been taken for falshoods grounded only vpon ignorance. By the practiced Law, cleerly euery man gaue the perpetuall right of his Tithes to what Church he would, although the Canon Law were against it; whereof also notice, it seems, is sometimes taken in those conueiances which haue the words of Quae decimari debent, as if they had said, Tithes of all things which by the Canon Law ought to be tithed, or, Quae decimari debent more Catholico, as the words are in a Charter b 2.612 of about Henrie the seconds time, of Gilbert one of the Earles of Hertford, to the Priorie of S. Marie Oueries in Southwark of the Tithes of Capefeld. And it is like enough, that according to the recitalls of those Decretalls noted in the former Chapter, in some places deuotion had bred an obedience to the Canons in this point; but, that it was ge∣nerall through the Kingdome, is most false. and whateuer the Pope wrote from Rome, we know the truth by a cloud of home-bred witnesses. But also those words, Decimari debent or solent, so

often occurring, may be vnderstood of such things as vsed to be tithed when Tithes were ar∣bitrarily paid, as among the Gentiles, or Chri∣stians, he that offers de ijs quae offerri solent, inti∣mates not so much any necessarie dutie acknow∣ledged by him, as a custome of offering such things, when offrings were arbitrarily made. And although in the book of Domesday it be special∣ly found of one Stori an ancestor of Walter of Aincurt, that he might sine alicuius licentia face∣re Ecclesiam (in Darby and Notinghamshire) in sua terra & in sua soca, & suam decimam mittere quo vellet, as if it had been his singular preroga∣tiue, in his possessions of Graneby, Mortune, Pinnesleg, and other Mannors; yet was that li∣bertie or prerogatiue aswell of building Chur∣ches as arbitrarie conueiance of Tithes not al∣readie consecrated either by deed or prescripti∣on, common, it seems, to all Lords of Mannors or large Territories, vntill about the time of K. Iohn. For that of Tithes; the examples and au∣torities before cited iustifie it. For the building of Churches (which considered with the arbitra∣rie endowments of them with new Tithes, speci∣ally belongs also to this disquisition) it was af∣firmd for a common libertie of the Baronage in letters of King Iohn to Innocent the third, as you may see in the Popes answer to the King. s 2.613 Quod enim de consuetudine regni Anglorum (saies the Pope to him) procedere regia serenitas per suas li∣teras

intimauit, vt liceat tàm Episcopis quàm Co∣mitibus & Baronibus Ecclesias in feudo suo funda∣re; Laicis quidem Principibus id licere nullatenùs denegamus, dummodo Dioecesani Episcopi eis suf∣fragetur assensus, & per nouam structuram vete∣rum Ecclesiarum iustitia non laedatur. It was chal∣lenged without licence; but the Pope allows it to the Laitie, so that they had licence from the Bi∣shop of the Diocese, and withall that the new foundations bereaued not ancient Churches of their assigned endowments. But after the time of K. Iohn, few or none of those arbitrarie consecra∣tions are found. yet in Henry the thirds time some were, as you may see in those of Fines ta∣ken out of the Chartularie of Gisburn. but re∣member also they were in the Prouince of Yorke. Neither were those Grants disallowd by either Common or Canon Law here then practiced. and in thoses t 2.614 cases of Tithes that occur among the Epistles of Iohn of Salisbury, who liued in time of Henry the second, no title is made meerly by Parochiall right; but Prescription or Consecration are the grounds whereupon they are demanded. and whereas in the case of Robert Wnegot before Adelelm Archdeacon of Dorche∣ster, the question was there, super quibusdam Pa∣rochianis & Decimis, and the Actor produced testimonie that he had formerly recouered ius Parochiale quod petebat cum decimis; it is cleer that the Tithes were not recouered iure communi

as they are at this day belonging to the Parish-Rector, but by speciall title of Consecration or Prescription. and the ius Parochiale there, was the right of hauing the Cure and Offerings of the Parishioners, which had not necessarily an∣next to it the right of Tithes by the practice of that time. whence it came that Parochiani & Decimae are both there mentioned as seuerall demands in the Actors Libell. and hereof see more anon in the corollarie of the ancient Iuris∣diction of Tithes in England. and that admoni∣tion of Theobald Archbishop of Canterbury (before cited) to Ala Countesse of Warren, is obseruable. is it not apparant that he allows not only the arbitrarie Consecrations made by the Earles, but also reprehends her sharply for not performing what they had therein vowed? But in the ensuing times, after that the Canon Law had here gained greater strength, which happend soon vpon Innocent the third his thundering out his Interdict against this Kingdom, his Excom∣munication against the King, and frighting the subiects with his Bulls stufft with commination, and that against this very point of arbitrarie conueiances of Tithes; it soon came to be a re∣ceiud Law, that all Lands regularly were to pay Tithes to the Parish or Mother Church accor∣ding to the prouision of the Canons. and there∣fore vpon Delegation made by Pope Innocent the fourth in 49. Hen. 3. to the Priors of S. Tri∣nitie,

and S. Bartholomew in London, and the Archdeacon of Westminster for the deciding of a controuersie twixt the Abbesse and Nunnes of Chartris by Ely, and Robert Passelew Archdea∣con of Lewes, about some Tithes of the possessi∣on of the Nunnerie in Barington, it appears that in Passelews libell, no other title is made, but that the Land lies infra limites Parochiae suae de Barenton, vnde petit dictam Abbatissam compelli integrè ad solutionem dictarum decimarum cum damnis & interesse &c. and some others like are of that time according to the Law that to this day continues, as may especially be found in the books of u 2.615 Pipewell and Osney. That example is in the Chartularie of that Nunnerie, composed by the cost and pains of Agnes Aschefeld▪ Abbesse there, and Henry Bukworth Bachiler of the Ca∣non Law, about the time of Henry the sixt. You may adde to the confirmation of this en∣ding of the ancienter course of arbitrarie conse∣crations, and the later establishing of Parochiall right in Tithes, that of the English * 2.616 Monks be∣fore cited touching the generall Councell of Li∣ons, held in 2 Ed. 1. I doubt not but that Paro∣chiall right was long before for the most part setled; but it is not likely that they had so confi∣dently affirmed such a continuing libertie of conueiance of Tithes at the owners will, had they not known that vntill about the preceding ages at least, it had been in common practice

both of fact and positiue Law, especially in this Kingdom where they liued. Whether this peti∣tion in Parliament of 6. Ed. 1. x 2.617 may giue any light to that assertion of theirs, I know not. Ni∣cholas of Crainford, Parson of Gilingham, com∣plaind to the King,

Quod cum Foresta Domi∣ni Regis, ibidem sita, sit infra Parochiam suam, quod Dominus Rex Decimam faeni, venatio∣nis, pannagij, & aliorum prouentuum ipsius forestae de gratia & pro salute animae suae, & a∣nimarum praedecessorum suorum, Ecclesiae suae cui de iure communi debentur plenè solui praecipiat, secundum formam supplicationis & exhortationis Apostolicae porrectam Domi∣nio R. apud Gilingham quando fuit ibi ad Natale.

What was that supplicatio or exhor∣tatio Apostolica? did not some such thing, com∣ming from Rome about the time of the Councell of Lions, make the Monks think it a thing agreed vpon in that Councell? it seems here too, that in the Kings case, Parochiall right of Tithes was not yet euery where setled, although the Tithes were encreasing in a Parish.

IV.

After this establishment of Parochiall right, new arbitrarie conueiances out of lands lying in any Parish, were not permitted, but an∣cient consecrations were still retained, and had confirmation either from prescription or Papall priuilege which were, by the Canons, sufficient titles to be pleaded against the common right

claimed by Parish Rectors. And when this inno∣uation grew in Parochiall right, then also the iurisdiction which the common or secular Law had formerly challenged and exercised in detai∣ning the right of Tithes (between the Parish and Parishioner) grew out of vse; and the legall proceeding became to be regularly according to the Canons which brought the practice to be as since it hath continued. But of the ancient iuris∣diction more anon. So was it now come to that passe, that no new arbitrarie consecrations might be made of the Tithes of lands lying in any Pa∣rish. But yet for such lands as were not Parochi∣ally limited, the ancient libertie was retained. and although by the Canon Law the Bishop is to haue all Tithes growing in lands not assigned to any y 2.618 Parish within his Diocese, yet in the moni∣ments of the common Laws such Tithes grow∣ing in lands of the Crown, are at the arbitrarie disposition of the King. such places haue z 2.619 been and (I think) are in diuers Forests. And hereof saies Thorp in 22. Assis. pl. 75. Il soleit estre ley quant il auer certane place qui fuit hors de chescun Paroche come en Englewode, & huiusmodi, en tel case le Roy ad & doit auer les dismes de cest place (& nient l' Euesque de lieu) a granter a que luy plest. and relates further that the Archbi∣shop that yeer made suit to the Councell, to haue had such Tithes. But, vnder fauor this was vnderstood only of the Kings granting the tithes

of his Demesnes occupied by his Bailifes accor∣ding as in ancient time euery man els did. for whateuer the words seeme to import, Thorp speaks only of such lands of the possession of the Crown; in which case, it must not perhaps be vnderstood so much, a part of the Royall prero∣gatiue as a right due to the King by common Law, in regard of his possession of lands not li∣mited to any Parish. Neither doth he affirm that Tithes of such places are due to be paid to the Crown, but that they are in the King to grant at his pleasure, if growing in his demesnes. But to this purpose is a notable case in the Parliament rolls of* 2.620 18. Ed. 1. where Ralph Bishop of Car∣leol Petit versus Ecclesiae Priorem de Karliel Decimas duarum placearum terrae, of the new as∣sarts in the Forest of Inglewood, whereof the one is called Linthwait, the other Kirkthwait, Quae sunt infra limites Parochiae Ecclesiae suae de Aspa∣terike &c. and laies by praescription in his prede∣cessors the Tithes of the pannage there, before the assarting or culture. Henrie of Burton also, Par∣son of Thoresby, claimed in Parliament the same Tithes as belonging to his Church, and infra li∣mites Parochiae suae. and the Prior comes & saies, that Henric{us} Rex vetus (Henrie the first, it seems) concessit Deo & Ecclesiae suae Beatae Mariae Kar∣liel omnes Decimas de omnibus terris quas in cul∣turam redigeret infra Forestam, & inde eos feof∣fauit per quoddam cornu eburneum quod dedit

Ecclesiae suae praedictae &c. Whereupon the Kings Attorney, Dicit quod Decimae praedictae pertinent ad Regem & non ad alium, quia sunt infra bundas Forestae de Inglewood, & quod Rex in Foresta sua praedicta potest villas aedificare, Ec∣clesias construere, terras assartare, & Ecclesias il∣las cum Decimis terrarum illarum pro voluntate sua cuicunque voluerit conferre, eò quod Foresta illa non est infra Limites alicuius Parochiae &c. Et petit quod Decimae illae Domino Regi remane∣ant prout de iure debent ratione praedicta &c. Et quia Dominus Rex super praemissis vult certiorari, vt vnicuique tribuatur quod suum est. William of Vesci, Iustice of the Forest beyond Trent, and Thomas of Normanuill, his Escheator for those parts (for so was the diuision anciently of Es∣cheatorships) were assigned Commissioners to enquire of the truth, & certificent Regem ad proximum Parlamentum &c. So are the words of the Record. Where the Attorney challenges not the right by prerogatiue, but only in regard that the place being the demesne Land of the Crowne; & not assigned to any Parish, the Tithes are grantable by the King, as owner, at his plea∣sure. And so it well agrees both with that liberty challenged by King Iohn in the name of his Ba∣ronage, that they might found new Churches at their pleasure in their owne fees (before the esta∣blishment of Parochiall right in Tithes) as also with the more ancient practice of the Kingdom,

whereby Tithes might not be parochially exa∣cted, nor were so reputed due, but by the owners arbitrarily conueyed in perpetuall right. And whereas Herle, in 7. Ed. 3. fol. 5. a. sayes gene∣rally, That no man might arbitrarily giue his Tithes that are not within Parochiall Limits, but that the Bishop of the Diocesse should haue them. It seems, he spake suddenly, as out of the Canon Law, and not according to the Law of England. And hee addes, that it is against rea∣son, Que home ne purra my granter ses almoignes a que il vouldra. And but * 2.621 two yeeres before that of Herle, it was adiudged in the Kings Bench, Quod de Decimis grossis Priori de Car∣leol & praedecessoribus suis de dominicis Domini Regis infra Forestam de Inglewood prouenientibus & extra quaruncunque Parochiarum Limites exi∣stentibus per Cartam progenitorum Domini Regis nunc concessis, & per Cartam ipsius D. R. nunc confirmatis, &c. a Prohibition should be gran∣ted against the Bishop of Carleol, that claymed them. It was vpon a Record sent thither out of the Parlament, as in the Roll appeares largely. And Edward the first gaue such Tithes of the Forest of Dene, as encreased not within any Pa∣rish to the Bishop of Landaff, by which title the Bishop afterward * 2.622 claymed them; and no question was of that point. But for common or waste ground, the Parish whereof is not known, the Statute of 2. Ed. 6. hath giuen the Tithe cat∣tell

therein depasturing, to the Church within whose Parish the owner dwelleth.

CAP. XII.

I. Appropriations and Collations of Tithes with Churches. The Corporations to which the Ap∣propriations were made, presented, for the most part, Vicars. Thence the most of perpetuall Vi∣carages.

II. How Churches and Tithes by Appropriati∣on were anciently conueyed from Lay-Patrons. The vse of Inuestitures, practiced by Lay-Patrons.

III. Grants of Rents or Annuities by Patrons only, out of their Churches. Of the Bishops assent. More of Inuestitures. A Writ to the Archdeacon anciently sometime sent vpon reco∣uerie of a Presentment.

IV. Of haereditarie succession in Churches.

V. Laps vpon default of Presentation grounded vpon the generall Councell of Lateran, held in 25. Hen. 2. What Praesentare ad Ecclesiam is originally. Donatio Ecclesiae.

I.

AS by Consecrations seuerally, so, with Churches, in Appropriations, Tithes were frequently conueyed, and by ex∣presse name. as Ecclesia de N. cum Decimis, or the like, are vsually giuen Monachis, Monialibus

&c. ibidem Deo seruientibus &c. according to what is before noted of other Countries. But this Mention of Tithes, with Churches in Ap∣propriations, was rare, or not at all, till after the Normans. In the Saxon times, many appropria∣ted Churches are found, and that from between D.CC. and D.CCC. yeers since, till the Nor∣mans. but the Charters that conueyed or confir∣med them, haue vsually nothing but Ecclesias and so many Carues or Yard Lands, or so much rent annext to them, nor speaking at all of any Tithes transferd with them. For speciall exam∣ples of such ancient Appropriations, you may see the recitalls of the Charters of King Ber∣tulph, King Beored, and King Edred, made to the Abbey of Crowland, and inserted in Ingulphus. But after the Normans, in Appropriations, most commonly, the Church is exprest, Vna cum De∣cima (that is, the Tithe annext or consecrated to it) in annona, or in other kind, and the places sometimes are named where the encrease of the Tithe grew. Such examples are very obuious, especially in the Chartularies of Abingdon and Rochester. And, as is before noted, the most common intent (allowd also by Canonicall con∣firmation, which sometime but rarely was added in those elder ages) was, that the Corporation whereto the Appropriation was made, should put Clerks or Vicars in the Churches so con∣ueyed to them, which were to answer to them

for all temporall profits, as Tithes and other re∣uenues (although the Churches were distant many hundred miles sometimes from the Mo∣nasteries; for a Church in one Kingdome also was often appropriated to a Monasterie of ano∣ther) and to the Ordinarie for spirituall functi∣on. The generall Confirmations that are some∣times found of that time, make it manifest. and for the two Prouinces, it is not amisse to adde here these two examples of it. In 17. Will. 1. Thomas Archbishop of York makes a generall Confirmation a 2.623 to the Priorie of Durham of all Churches either then appropriated to them, or thereafter to be appropriated, and grants and commands, Vt omnes Ecclesias suas in manu sua teneat, & quietè eas possideant, & Vicarios suos in eis liberè ponant, qui mihi & successoribus meis de cura tantum intendant animarum, ipsis vero de omnibus caeteris Eleemosynis & Beneficijs. So, vnder Henry the second, Pope Lucius the third writes to all the Monks in the Prouince b 2.624 of Can∣terburie, and bids them, that in all Churches, in quibus praesentationem habetis cum vacauerint Diocesanis Episcopis Clericos idoneos praesentetis qui illis de spiritualibus, vobis de temporalibus de∣beant respondere. Where, that in quibus praesen∣tationem habetis, can bee vnderstood only of Churches appropriated (which they enioied not pleno iure, that is, c 2.625 in which they were bound to allow some competent reuenue to a Vicar or

Curat, and had not exempt iurisdiction, nor the power of institution of Vicars, without presen∣tation to the Bishop) as is plainly known from what followes touching the answering for the Temporalties to the Monasteries. And in those times, as is alreadie deliuered, it was most fre∣quent, to haue presentations made by Monaste∣ries to their appropriated Churches; and the Vicar-Incumbents or Presentees had no more of the profits (notwithstanding the institution then the Monasteries would arbitrarily allow them. Neither followd any disappropriation vp∣on such Presentation, howeuer the later Law be taken otherwise. Nor was there any perpetuall certaintie of profits or reuenues to their Presen∣tees, vntill such time as the Monks, by composi∣tion with the Ordinaries, or by their owne Ordi∣nance (which prescription after confirmed) ap∣pointed some yeerly salarie in Tithes, or Glebe, or Rent, seuerally for the perpetuall maintenance of the Cure; which Salaries became afterward perpetuall Vicarages. And to these testimonies touching appropriated Churches in those anci∣ent times, and presentation to them, you may also adde that d 2.626 Canon of the Councell of Westminster, held in the second of King Iohn by Hubert Archbishop of Canterburie, to the same purpose. wherewith is agreeing also one of O∣thobons Legatine Constitutions, touching fil∣ling of Appropriations, and making of Vicara∣ges;

as also the two Statuts of 15. Rich. 2. cap. 6. & 4. Hen. 4. cap. 12. touching the point of which Statut, a Bill in the next Parliament▪ was again put in, but answered with e 2.627 Soient les Statuts en faitez & gardez.

II.

In those elder Appropriations, it appears that the Church and the Tithes, and what else was ioind with it as part of the assigned reuenue, by the practice of the time passed in point of in∣terest from the Patron by his gift (which often∣times was by liuerie of a book or a knife on the Altar) not otherwise then freehold conueid by his deed & liuerie. Neither was confirmation or assent of the Ordinarie (as it seems) necessarie as of later time. Obserue this one example of the Church of Waldren appropriated to the Priorie of Lewes in Sussex by Robert of Dene, wherin he as Patron appoints also the conditions to which the Presentee or Vicar-encumbent of the Priorie should be subiect. Ego Robertus de Dena (saies the f 2.628 Deed) & vxor mea Sibilia pro animab{us} ante∣cessorum nostrorum & pro salute nostra, & succes∣sorum nastrorum concedimus Deo & S. Pancratio Latisaquensi Ecclesiam de Waldrena cum terris & Decimis, & omnibus ad eam pertinentibus, & cum duabus partibus Decimae bladorum de Cal∣uindona, ita videlicet vt Sacerdos de Waldrena, de his omnibus soluat S. Pancratio singulis annis di∣midiam marcam argenti. Ipse autem Sacerdos per manum Prioris S. Pancratij Ecclesiam de Wal∣drena

tenebit quamdiù castè & religiose vixerit. Quod si crimen incurrerit, iudicio Prioris Latisa∣quensis corrigetur aut expelletur. This, about the time of Henrie the second, was made coram duo∣bus Hundredis apud Hundestuph. Very many o∣ther are extant so made, as well by common per∣sons as the King in the Saxon times of churches, and since, of Churches and Tithes without any confirmations; sauing sometimes that those of common persons are ratified by the King g 2.629 as su∣preme Lord, as also they are too by other Lords. for it was not vnvsuall for Tenants to haue their Lords confirme their alienations of all kind of possessions. I know what is said in the later Law of the Kings power as suprem Ordinarie for the part of Iurisdiction, and I acknowledge it, as all ought. but in those elder times, that was not the matter which made appropriations good, where his confirmation had place, and none was from the Bishop. at least it cannot at all be proued that his suprem Iurisdiction spirituall was so much thought of in them, although otherwise appa∣rant testimonie be of the exercise of such iurisdi∣ction & of the right of it in the elder ages in this Kingdome. But the reason of appropriations so practiced by lay Patrons only, was the challen∣ged right which in those times they most com∣monly vsed in disposition of their Churches, as if they had been all Donatiues by collation (without presentation) that is by Inuestiture

from their own hands only, which gaue their In∣cumbents reall possession of the Tithe of the Church and all the reuenues, no lesse then pre∣sentation, institution, and induction doe at this day. For howeuer, not only the Decrees both of the Pope and generall Councells, were anci∣ently against that kind of inuestiture, but also the Prouinciall or Nationall Synods here held, had like Canons forbidding it, as in 3. Hen. 1. the h 2.630 Councell of Westminster held vnder Anselme Archbishop of Canterburie, & Girard of Yorke, ordains, Ne Monachi Ecclesias nisi per Episcopos accipiant, and in 25. Hen. 1. at the same place in the Nationall Synod, held by Cardinall Iohn de Crema, the Popes Legat, it was constituted, that i 2.631 Nullus Abbas, nullus Prior, nullus omnino Monachus, vel Clericus Ecclesiam siue Decimam seu quaelibet beneficia Ecclesiastica de dono Laici sine proprij Episcopi autoritate & assensu suscipiat quod si praesumptum fuerit, irrita erit donatio huius∣modi &c. and some allowance was giuen to these Canons by the King; yet it is most certain thât the practice was for diuers yeers afterward o∣therwise, and that Churches with Tithes were most commonly giuen by lay Patrons, without the Bishops assent or institution, and that as well by filling them with Incumbents, as ap∣propriating them to Monasteries, Chapters, or otherwise. Beside the examples that might e∣nough proue it and are obuious in old Chartu∣laries,

the preamble of a Decretall of Alexander the third, sent, vnder Henrie the second, to all the Bishops of k 2.632 the Prouince of Canterburie, is herein full testimonie. Ex frequentibus querelis (saies he) didicimus in partibus vestris consuetudi∣nem prauam à multis retro actis temporibus inva∣luisse, quod Clerici Ecclesiastica beneficia sine con∣sensu Episcopi Dioecesis vel Officialium suorū (qui hoc de iure possunt) recipiunt minùs quàm deceat, sollimitè cogitantes, quomodo id à Patrum sanctorū est institutionibus alienum & Ecclesiasticae contra∣rium honestati. Vnde cum tu frater &c. where you see plainly that course of inuestiture or donation by the Patron without presentation, was consue∣tudo quae a multis retro actis temporibus inua∣luerat, which shews it to haue been then a part of the secular Law; though the iudgment of the Bishops and the Pope titles it Praua. agreeing to this are other testimonies in l 2.633 Gregories Decre∣talls, and that in Epistles to all the Bishops of England to forbid it. and it is specially obserue∣able, how ill the Baronage of England tooke it when Anselm vnder Henrie the first would haue, through Papall Canons, inhibited the practice of inuestitures, vsed by the King and other lay Patrons, which is recorded in an Epistle m 2.634 of that Anselm, directed to Pope Paschal the se∣cond, thus speaking.

Domino Reuerendo & Patri diligendo Paschali summo Pontifici Anselmus seruus Ecclesiae Cantuariensis, debi∣tam

subiectionem & orationum assiduitatem. Postquam reuocatus ad Episcopatum redij in Angliam, ostendi decreta Apostolica quae in Romano Concilio praesens audiui ne scilicet aliquis de manu Regis aut alicuius Laici Ec∣clesiarum Inuestituras acciperet, vt pro hoc eius homo fieret; nec aliquis haec transgredi∣entem consecrare praesumeret. Quod audien∣tes Rex & Principes eius ipsi etiam Epis∣copi, & alij minoris ordinis tam grauitèr a∣ceperunt, vt assererent se nullo modo huic rei assensum praebituros, & me de regno potiùs, quam hoc seruarent, expulsuros & à Romana Ecclesia se discessuros; vnde reuerende Pater vestrum petij, per Epistolam nostram, consili∣um &c.

This is in the Ms. Volume of Epistles of Anselm, fairly writen by Iohn de Grandisono Bishop of Excester, in the yeer M.CCC.LXIV. in which are aboue C. more then are published in his printed Works. they menaced the Arch∣bishop with banishment, and the Pope with re∣uolt from his See, only for their withstanding that practice of Inuestiture; whereof, for so much as concernes Abbeies, Priories, or Bishopriques (in giuing them by the ring and baston) much testimonie is in the storie of about that age. and the Kings remission of the Inuestitures of those great dignities is frequent. but, for Parish Chur∣ches, of which we here chiefly speake; the com∣mon occurrences of Inuestitures mention them

but litle. But for the vse of them known also by the name of Institution; see the Fine anon transcribed of 33. Hen. 2. as also specially a com∣mission sent by Pope Alexander the third, to the i 2.635 Dean of Chichester, touching a Parson that was legitimè institutus à Willielmo Nobili viro, and had resigned Personatum Capellano Domini. But this course of Inuestiture by Lay men, after An∣selmes time, began to bee of lesse vse; and some, obeying the Canons, presented, others still collated by Inuestiture till about Richard the first and King Iohns time, whereof more in the next Paragraph. To the Lay Patrons chal∣lenged right of such Inuestiture of Churches and Tithes, belongs specially the Granting of Rents and such like out of Rectories by the Pa∣trons only, and the Sonnes or others Succession in Parish Churches after the death of their ance∣stors of both which (litle known vulgarly) an∣cient warrant is yet remayning.

III.

For the first; in the Chartularie of the Priorie of S. Needs in Huntingdonshire, one Ro∣bert Fitz-water (about King Iohns time) giues to the Priorie six marks of siluer nomine certi be∣neficij in Ecclesia de Wimbisse annuatim percipi∣endas per manum personae eiusdem Ecclesiae. Quare volo (saies he) vt quicunque in praefata Ecclesia de Wimbis. ad praesentationem meam vel haeredum meorum persona instituta fuerit praenominatis Mo∣nachis S. Neoti de supradicto beneficio VI. marca∣rum

fidelitatem faciat, saluo mihi & haeredibus meis iure aduocationis & praesentationis &c. and diuers other such like are. Neither haue I met with a precedent of those times wherein the En∣cumbent was Grantor, as at this day by the Cō∣mon Law (the Church being full) I think he must. but most vsually a prouision by the Patron was inserted to this purpose, that the seuerall En∣cumbents should by Oth bind themselues to the true payment. nor was it so necessarie to haue the ordinaries assent, when that, which the Ordi∣narie by the practice of the later Law is to do in his Institution, was in frequent practice supplied by the Patrons Inuestiture. Out of which may be the better vnderstood that part of the new Ca∣non in the Synod of Westminster, held vnder k 2.636 Ri∣chard Archbishop of Canterburie, in 21▪ Hen. 2. Nulli liceat Ecclesiam nomine Dotalitij ad ali∣quem transferre, that is, That no Patron should giue his Church. as it were in Frankmariage, or make of it a Donatio propter nuptias (as the Ciui∣lians call it) to remain with the husband of his Daughter or Kinswoman, during his life. How could such a gift haue at all been made by pre∣sentation (as of later time it is vnderstood) Insti∣tution or Induction? and a most obseruable ex∣ample of this matter is in a Fine of 33. Hen. 2. in these words.

Haec est finalis concordia facta in Curia Domini Regis apud Cantuariam an∣no Regni Regis Henrici secundi XXXIII. die

Venetis proxima post festum sancti Iohannis Baptistae Coram Radulpho Archidiacono Co∣lecestriae, & Rogero filio Reinfri, & Roberto de Witefeld, & Michaele Belet Iusticiarijs Domi∣ni Regis, & alijs fidelibus Domini Regis ibi∣dem tunc praesentibus inter Priorem de Lewes & Monachis eiusdem loci & Willielmum fi∣lium Arthuri, quem Richardus de Budegintun pofuit loco suo ad lucrandum vel perdendum de aduocatione Ecclesiae de Budeketun, vnde placitum erat inter eos in Curia Regis, scilicet quod Prior & Monachi remiserunt & quietum clamauerunt eidem Richardo & haeredibus suis aduocationem praedictae Ecclesiae per ita quod persona quae per ipsum Richardum vel haere∣des eius in eadem Ecclesia instituetur, reddet singulis annis Ecclesiae de Lewes IIII. solidos scilicet ad festum Sancti Michaelis. & ille qui in eadem Ecclesia per ipsum Richardum vel haeredes suos instituetur persona, post institu∣tionem suam, coram Episcopo fidelitatem praestabit quod praedictam pensionem praedi∣cto termino Ecclesiae de Lewes persoluet, & posteà in Capitulo de Lewes eandem fidelita∣tem innouabit.

Here it appears (it seems) by the iudgement of the Kings Iustices, that the Patron had such interest in those times, that he might alone without grant of the Encumbent (who came in by his Institution and Inuestiture) or confirmation of the Bishop, charge the church

with a pension. and this, being in a Fine, is of autoritie beyond exception for that age. But the like is in Rot. Fin. 7. Rich. 1. Lancast. in a Fine le∣uied between Theobald Fitz-water, demandant in a Writ of Right of Aduowson against the Abbot of Shrewsburie, of the Church of Kirk∣ham, where XII. marke Rent is reserued to the Abbot, with a like clause for the Encumbents fealtie for true payment. the like in Fin. 4. Rich. 1. diuers. Comit. touching the Church of Dache∣worth. yet also, in that age, the assent of the Par∣son and Bishop was somtime had. as in Rot. Fin. 7. Rich. 1. Staff. where, vpon Right of Aduowson by the Prior and Canons of Stanes against Alice Hopton, for the Church of Cheklegh, Alice & Ro∣bertus filius & haeres suus per assensum & volun∣tatem H. Couentrensis Episcopi in cuius Diocoesi Ecclesia illa sita est, & Osberti personae eiusdem Ecclesiae tunc ibidem praesentium, concesserunt prae∣fatis Priori & Canonicis XX^s. de eadem Ecclesia de Cheklegh annuatim percipiendos sine omni con∣tradictione imperpetuum de Clerico eandem Eccle∣siam possidente quicunque ille fuerit ad duos termi∣nos videlicet ad Pascha X^s. & ad festum S. Mi∣chaelis X^•. &c, Here the assent of the Parson and Bishop being both present in Court, is inserted in the Fine; yet inough examples shew that it was not (as may be strongly coniecturd) thought altogether necessarie. But indeed howeuer the right of Inuestitures had been then much exer∣cised

by Lay Patrons, yet in case of Clergie Pa∣trons, if the Church were not of exempted iu∣risdiction, the Bishops more vsually instituted: and therefore was their assent the sooner admit∣ted somtimes into the Fine; and doubtlesse also some lay Patrons willing enough herein to obey the Canons, after Anselm and perhaps before ar∣bitrarily filld their Churches by presentation to the Bishop. this may be collected especially out of that of the grant of the l 2.637 priuilege of Institu∣tion in Churches, made by Turstan Archbishop of York vnder Henrie the first, to the Archdea∣con of Richemond, as also out of two Decretalls from Rome, sent by Pope m 2.638 Lucius the third, vn∣der Henrie the second to the Bishop of Norwich. and in some other n 2.639 autoritie both in our yeer books and in the fine Rolls also of the beginning of King Iohn, the Bishops assent in such grants of that time is sometimes found. and in that commonly (but without sufficient ground) at∣tributed to Randol of o 2.640 Glanvill chief Iustice of England to Henrie the second, the Bishops insti∣tution is spoken of as a thing of not vnknown right vpon a recouerie in Darrain presentment, according as the Canons require. And in an Epistle p 2.641 of Giraldus Cambrensis (writen in those times to Hugh Bishop of Lincoln about his Par∣sonage of Cestreton, which he challenged vpon presentation of himself made by Gerard of Cam∣vill, a Gentleman of great worth in Lincolnshire)

the Bishops Institution is spoken of, as cleerely necessarie, according to the Canons, and noted with Episcopus solus honores dare potest; which, you must remember, was writen by one that was feruent for the Canons, and had also writen a∣gainst the auitae consuetudines or common Laws of that time. But these testimonies must be wa∣rily vnderstood, and compared with the former and frequent practice of the contrarie, which a∣bout that time, especially vnder Richard the first and King Iohn (it seems) much altered. Neither till about that time can it be found, that the more common practice of Lay mens Inuesti∣tures ceased. Nor was the Bishops Institution presently and vniformely thence vsed, as of later ages. The autoritie of the Clergie had by that time taken away the vse of Lay mens Inuestitures. Yet was it not cleere, it seemes, vpon the practice that here followed, what dignitie of the Clergie should then exercise the Institution: for you shall find it sometimes done by the Archdeacon, as it was also before K. Iohn, in some cases where any Lay man omitted his Inuestiture; as may be ga∣thered out of a Decretall, sent h 2.642 hither from Pope Alexander the third, to forbid the Arch∣deacon of Ely, Curam animarum sine mandato Episcopi committere. And afterward also, in Pasch. & Trin. 9. & 10. Reg. Ioh. a Writ is a∣warded to the Archdeacon, as now it ought to the Bishop, vpon recouerie of a Presentment.

The entrie is thus. Recordatum est per G. filium Petri & Simonem de Pateshull quod Simon fi∣lius Richardi, tempore Regis Richardi, recuperauit, coram eis & socijs eorum versus Iohannem de Kalceto seisinam Aduocationis Ecclesiae de Buck∣worth (in Huntingdonshire) per assisam de vlti∣mâ prasentatione, ita quod habuit breue quod Ar∣chidiaconus admitteret personam ad Ecclesiam il∣lam ad praesentationem eidem; & ipse Iohannes impediuit eum ita quod implacitauit eum per breue Papae, & Dominus Rex prohibuit placitum, & Simon venit & impetrauit à Rege quod loquela procederet, & quod haberet breue ab Archidiaco∣num de Clerico suo admittendo & habuit. T. do∣mino G. filio Petri & Will. de Briwere. Here twice was the Writ of Admission or Institution sent to the Archdeacon, not to the Bishop. Per∣haps indeed it happened in the vacancie of the See. for the time so falls, that we cannot be sure of the contrarie. But admit it were so. Plainly, the Archdeacon neither by Canon nor common Law had any more right of Institution, by reason of a Vacancie of the Bishoprique. And certain∣ly, during the vacancie, the Writ should r 2.643 goe to the Gardians of the Spiritualtie, which by the Canon Laws, are the Deane s 2.644 and Chapter, but by the Law of England t 2.645, the Archbishops in their seuerall Prouinces, and the Deanes and Chapters only, in case where the Archbishop∣riques are void. And in other places, somewhat

afterward also I haue seen Institutions often u 2.646 by the Archdeacon of Leicester, while the Bishop∣rique of Lincolne was void; which shewes, that those times were the infancie of the exact course of Episcopall Institutions, as they are at this day vsed. Neither had these any priuiledge of Institution, as the Archdeacon of Richmond had anciently giuen x 2.647 him, or the like. At this day, and from long time before, the Archdeacon only Inducts, as the Books & common practice shew. But thereof thus much by the way.

IV.

For that other, of Succession in the Bene∣fices of the Ancestors; doubtlesse, that was, of∣ten when the father or other ancestor was Incum∣bent and Patron, and by that challenged right, of the time, of Inuestiture and sole disposition of the Church, would either in his life time conuey the Benefice to his sonne or heire by grant, which by the practice of the time, supplyed, it seemes, as well a Resignation, as Presentation, Institu∣tion, and Induction; or would so leaue the Ad∣uowson to discend to his heire, that he (being in Orders) might retaine the Church in his owne hands, according as the Law then, it seems, per∣mitted. Against this, was a Canon made in the Nationall Synod at Westminster in 3. Hen. 1. Vt filij Presbyterorum non sint haeredes Ecclesiarum Patrum suorum. And another in 25. Hen. 1. held vnder the Popes Legat. Sancimus (as the words are) ne quis Ecclesiam sibi siue Praebendam paterna

vendicet haereditate y 2.648 aut successorem sibi in ali∣quo Ecclesiastico constituat Beneficio. Without that challenged right of Inuestiture supposed in the Incumbent (hauing also the Patronage) which supplyed all that the Patron, Bishop, and Archdeacon at this day do in filling a Church, how could any Parson make to himselfe a succes∣sor or an heire to haue colour to claim the Incū∣bencie from his ancestor. To this purpose may be well rememberd a passage in a verdict found in Rot. Placit. 6. Rich. 1. Rot. 1. of such a kind of conueyance of S. Peeters Church in Cambridge: the words are; Iuratores benè sciunt quod qui∣dam Langlinus qui tenuit Ecclesiam illam, & qui fuit persona illius Ecclesiae dedit Ecclesiam illam, secundum quod tunc fuit mos Ciuitatis Cantebri∣giae, cuidam parenti suo Segario nomine qui illam tenuit per LX. annos & plus, & fuit persona illius Ecclesiae & ipse posteà dedit Ecclesiam illam Hen∣rico filio suo qui illam tenuit per LX. annos & ipse in ligea potestate sua dedit illam Hospitali Cantebrigiae per Cartam suam & idem Hospitali habet Ecclesiam illam. They discreetly find the custome of the Citie to maintaine the Conuey∣ance, supposing (it seems) that the custome would help the last Grantors title, although the Com∣mon Law, which had by that time receiued some change herein, by force of the Papall Decrees, should not haue allowd it. I know, in the Canons another thing is also vnderstood in this matter

of Succession, that is, the irregularitie of the sonne of a Clerk; but that can extend only to the matter of Illegitimation vpon Mariage for∣bidden to the Clergie. For which point alone, the Bishops refusall had been the best helpe, but that indeed the other kind of disposition of Churches by Inuestiture preuented his refusall when Presentation was not made to him.

V.

But after such time as the Decretals and the encreasing authoritie of the Canons, about the yeer M.CC. had setled the vniuersall course here of filling of Churches by Presentation to the Bishop, or (as it seems sometimes it was) to the Archdeacon, or to the Vicar of the Bishop, or Gardian of the Spiritualties; that vse of Inuestitures of Churches and Tithes seuerally or together, practiced by Lay men, was left off, and a diuision of Ecclesiasticall & Secular right from thence hath continued in practice. Neither did z 2.649 the King afterward (much lesse common persons) fill their common Parochiall Churches without such presentments from Bishops. Pa∣rochiall Churches; for of speciall donatiue Chap∣pels we here speak not. neither were Appropri∣ations of Churches & Tithes afterward allowd, that had not a 2.650 confirmation from the Ordinarie immediat or supreme. And in the same age also came in the Law of the Laps, whereby the Bi∣shop is to collate after six moneths vpon the Pa∣trons default, it being before at his libertie to fill

his Church at his pleasure. neither was he confi∣ned to any time. That time of Laps was (accor∣ding as the vse of Presentation grew by degrees setled) receiued into the Laws of England out of the generall b 2.651 Councell of Lateran, held in 25. Hen. 2. vnder Alexander the third; to which, foure Bishops (according to the ancient vse of this Kingdom) that is, Hugh Bishop of Durham, Iohn Bishop of Norwich, Robert Bishop of Here∣ford, and Reinold Bishop of Bath, were sent as Agents for the Church of England. By that Councell, after vacancie of six moneths, the Chapter is to bestow those Churches, which the Bishop, being Patron, had left so long void; and vpon their default, the Metropolitan. but no word is of Lay Patrons in it. Yet by reason of the Autoritie of that Councell, and of a Decre∣tall c 2.652 of the same Pope, which speaks of like time vpon default of Lay Patrons, it hath beene since taken here generally, that after vacancie of six moneths, the next Ordinarie is regularly to col∣late by Laps. Which perhaps was receiued for a Law, to continue as it hath done, in the Coun∣cell or Conuocation at Pipewell, held in the first of Richard the first, and some ten yeers after that Generall Councell of Lateran. For in that of Pipewell, the principall thing in hand was the prouiding for Churches vpon death of their Pa∣stors. Habitus est (saith Ralf de Diceto, Dean of Pauls vnder King Iohn) generalis conuentus iuxta

dispositionem Regis & Archiepiscopi XVI. Kal. Octobris apud Pipewell, vt de consilio vacantium per Angliam Ecclesiarum haberetur tractatus. I know it was for many Churches then void. but it is like enough that according to the gene∣rall Councell this Law was then here recei∣ued. but thats only a rouing coniecture, and so I leaue it. and as in the d 2.653 Canon Law the Councell of Lateran (which must be vnderstood that of Alexander the third) is commonly affir∣med for the autoritie of the originall of the right of this Laps in the case of Bishops speci∣ally and Chapters, so is it, in ancient moniments of our Laws, also in the case of Lay Patrons. Ante Concilium Lateranense (saies e 2.654 Bracton) nullum currebat tempus contra praesentantes. And in Placit. de Banco Mich. 3. Ed. 1. Rot. 105. Staff. The Bishop of Couentrie and Lichfield pleads a collation by laps autoritate concilij, against the Prior of Landa, to the Church of Patingham. and in the same Plea Rolls of Pasch. 5. Ed. 1▪ Rot. 100. Linc. in a quare non admisit, by Alienor, the Queen Mother, against the Bishop of Lincoln, for the Church of Orkestow, the six Months and the computation of them (which is there adiud∣ged according to that in f 2.655 Catesbies case) is re∣ferd to Concilium Apostolicum, which can be no other then that of Lateran, howeuer the printed Copie of that which we commonly call Breton g 2.656 talks of the Councell of Lions for the Director

of the Laps, whereas indeed the Mss. haue for de Lions, de Lautr. which is doubtlesse for de La∣teran; yet also in the Rolls of the Common pleas of Pasch. 9. Ed. 1. Rot. 58. Suthampt. the Archbi∣shop of Canterburie defendant in a Darrain pre∣sentment, against the Abbot of Lyra, pleads that the Church (of Godeshull) est plena ex collatione ipsius Archiepiscopi ratione Concilij Lugdunensis, and being demanded by what article of the Councell, would not thereto answer, wherupon, after long deliberation, iudgement is giuen for the Abbot. But in the same Plea the Law and custom of England for the six months time of Laps (which they call there Consuetudo regni Angliae) is referd to a Councell; but none is specially named sauing that of Lions. But al∣though from Canonicall autoritie the Laps was thus receiud into our Laws, yet it hath been no otherwise then the Baronage of England would permit it. for the Canons otherwise (as at this day they are) giue but foure h 2.657 months to a Lay Patron, and six to an Ecclesiastique, which diffe∣rence the Law of England would neuer permit; as also neither that of the right of collation which the Chapter is to haue vpon default of the Bishop, howeuer the Pope would haue put it here in execution according to the words of the Councell, which you may see in the autorities before noted out of the Text of the Canon Law. and therefore the Law of Laps is well referd ra∣ther

to i 2.658 Consuetudo Regni Angliae (by which title other parts of our * 2.659 Laws were often named that were of later beginning) then to the Councell, although thence doubtlesse, as is shewd, it had its originall. But although now, what through the Decretalls and other Canons against Lay mens Inuestitures, what by reason of the Law of Laps, the Patrons former interest or challenged right was much diminished in the Church and the disposition of the reuenues of it (for it fol∣lowd also that the Ordinaries assent was requi∣site) yet the formulae or precedents vsed from ancient time in the recouerie of presentations still retaine, to this day, Characters in them of that Inuestiture. as the quare impedit, that is, Praecipe A. quod iustè &c. permittat B. praesentare idoneam personam ad Ecclesiam de N. quae vacat & ad suam spectat donationem &c. Where Do∣natio still sauors of the ancient right of Inuesti∣ture; agreeing whereto is that of Ecclesiam k 2.660 con∣cedere, vsed elswhere in our Law, and attributed to the Lay Patron. Neither doth praesentare ad Ecclesiam originally denote otherwise then the Patrons sending or placing an Incumbent into the Church, and is made only of repraesentare, which in that Councell of Lateran and l 2.661 elswher occurres also for praesentare. repraesentare is pro∣perly to restore, giue back, or repay, as reddo or repraesto, whence praesentare taken in the barba∣rous times denoted as dare or donare; so that

idoneam personam ad Ecclesiam praesentare was all one with idoneam personam ad Ecclesiam dare or donare, or in Ecclesia constituere, or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, as m 2.662 the Apostles word is to Titus, where he bids him 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. that is, appoint or constitut, or indeed present Priests or Encum∣bents in euery Citie. for he that there should turn it by present, might so keep the propertie of the word in both tongues, though not as present is now restraind. this is iustified out of an old Glos∣sarie that turnes Repraesento by 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. for then cleerly 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 is Praesento: while praesentare so sig∣nified also in practice, that is in the time of the vse of Lay Inuestitures, all Churches so giuen were properly Donatiues, which attribute hath been since restraind, chiefly to such free-chappels as the Ordinarie had no interest in, but are collated or giuen by the act only of the Patron. and this interpretation of praesentare is iustified also n 2.663 out of the quare impedit vpon a right of collation (which is but a donation) by the Bishop, wherin the words are also quod permittat praesentare ad Ecclesiam &c. Donation (which is meerly as Inuestiture in regard of the Bishop) is there cal∣led Presentation. So also is the Law in the Kings Case and of common persons, being disturbed to collate by Letters Patents to their free Chappels or Donatiues. the Writ in those Cases is on∣ly praesentare, which confirms that it denotes Donation or Inuestiture. But in the Counts

vpon such Writs, the speciall matter must be dis∣couered. The like Law is in the Case of him that hath the Nomination of the Clerk. his Writ is also praesentare, although another haue the right of that which is now known by the bare name of presentation. Nomination indeed or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 be∣ing the true and eldest name found in the Laws belonging to the o 2.664 Church, that denote filling or presenting to a Church, in that sense as Presen∣ting is taken for giuing or inuesting. For, in the primitiue times, when the Patron had founded his Church, he nominated whom he would haue receiued into Orders for the seruing of that Cure; and then if the nominated were found worthy hee was receiued into Orders for that purpose, which Ordination turnd afterward into Episcopall institution, as is before declared. that nomination was indeed as Inuestiture or giuing the Church. so is the word vsed in the Laws and agreeing to them is the purer time of Latin wherein Nominatio p 2.665 is for giuing a Place or Office that is void. And as these phrases of the Writs tast of the ancient right challenged by the Patron, so do some assertions in our yeer books of later time; as that of entring q 2.666 into an Aduowson by entring into the Church, of pas∣sing an r 2.667 Aduowson by liuerie of seisin at the Church-dore, of the Patrons entring into the place s 2.668 of foundation if the Church cease to re∣main hallowed, and the like. And to like origi∣nall

may you referre those of the Kings presen∣tations, which haue Dedimus & concessimus in them yet retained, although the force of the words by the later Law, make but only a t 2.669 pre∣sentation. But the Law is now setled; neither with vs hath the Patron alone now any preroga∣tiue or direct interest in the Church or the reue∣nues, beside his right of Aduowson or Presenta∣tion to the Bishop, by whose institution and the Archdeacons induction euery Church regularly is to be filled. Neither (for ought I haue heard) hath he in our Law any of those Droicts honori∣fiques, which the French allow him in Prece∣dence, Seats, and the like. These particulars of Benefices and Aduowsons had here their place, both because in the ancient conueiance of them either by Inuestiture to an Incumbent, or by Ap∣propriation, the reuenue that was in Tithes passed by expresse words, and that in point of interest from the Patron, as also in regard that, at this day, the Patron of a Parson prohibited by In∣dicauit, to sue in the Spirituall Court for the fourth part of the Tithes of a Church, may haue his Droit d'auowson de Dismes. it was re∣quisit therefore to adde these not vulgar or ob∣uious notes of the Aduowsons in this discoue∣rie of the ancient conueiance and interest of Tithes.

CAP. XIII.

I. Infeodations here into Lay hands since the Statuts of Dissolutions. Of Infeodations be∣fore that time in England. somewhat more of the originall of Lay mens practice in arbitrarie Consecrations or Infeodations.

II. Exemptions or discharges of payment origi∣nally by Priuileges, Prescriptions, Vnitie, Grants or Compositions, and by the Statuts of Dissolutions.

I.

FRom those arbitrarie Consecrations, and frequent Appropriations of Tithes (whereof we haue hitherto made men∣tion) to Monasteries or other Religious Places, as Colleges of Regulars, Chantries and Free-Chappels, came the present and common Infeo∣dations of them into Lay hands, which began in the age of our Fathers. For, the Portions of Tithes conueied to them out of Closes, parts of Mannors, and whole Demesnes, by the owners, together with the Tithes granted and possessed with appropriated Churches, were first by the Statut of Dissolution of Monasteries in 31. Hen. 8. and by that other of 1. Ed. 6. giuen to the Crown, and from thence granted to Lay men, whose Posteritie or Assignees to this day hold them with like limitation of estate, as they do o∣ther enheritances of Lands or Rents. and, for

them, haue like remedie by the Statut of 32. Hen. 8. cap. 7. by reall action as Assise, Dower, or o∣ther originals, as for Lands, Rents, or other Lay possessions by the cōmon Law they might haue. But although in other States these Infeodations or Conueiances of the perpetuall right of Tithes to Lay men, be very ancient and frequent also; yet no such certain or obuious testimonie of their antiquitie, is in the moniments of Eng∣land as can enough assure vs that they were before the Statut of Dissolutions in any com∣mon vse here. But some were, and, for aught appears in the practice of the time, many more might equally haue been. And what scruple was there but that long before the generall dissoluti∣on of Monasteries, Henrie the fift might (by the Law of the Kingdom) haue made Infeodations into Lay hands (as Henrie the eight did) of all Tithes belonging a 2.670 to the Priors aliens whose possessions were giuen to him by Parliament, he had them setled in the Crown in Fee, and after∣ward disposed of them to other Ecclesiastique Corporations b 2.671 at his pleasure, no otherwise then of other Lay possessions. By the way, we vnderstand, in these Infeodations, by the name of Lay men, only such as were not either in Or∣ders or professed in Religion. for otherwise all the possessions of Tithes enioied by Nunnes and the like, that were indeed Lay (though not com∣monly called so) might be comprehended vnder

the name of Infeodations. But, that some were here; obserue that of Odo Bishop of Bayeux and Earle of Kent, which is before cited out of the liues of the Abbots of S. Augustines in Canter∣burie. The words are, Decimas aliquas quas mei fideles habebant &c. What can that be, according to the words, other then Tithes that were in the hands of some of his Tenants? You may adde that of Robert S. Iohn cited be∣fore out of the Book of Bosgraue, where he had, by the gift of his brother William, certain Tithes, which he gaue to the Priorie, for maintenance of a fourteenth Monk. And obserue the rest of the Deed there. So out of the Book of Osney it ap∣pears before, that Decimatio Nicholai de Stode∣ham quam Fromundus (Capellanus) tenebat is granted by D'Oilly. Had not D'Oilly this from Stodeham? Or was Stodeham here one of his Bailifes or Fermors, whose Tithe he graunted as Lord or according to couenant with the Lessee? Other such occurre sometimes. And perhaps, Decimae hominū meorum, & the like granted, may suppose a title possessed in the Tithes by the Lay grantor. And in the same Book of c 2.672 Osney, in a Passage writen in a hand of about Hen. 5. tou∣ching the conueyances of Tithes by Lay men to Monasteries, it is related, that he that wrote it, saw Quendam Rogerum D'Oyly Dominum cu∣iusdam partis de Bampton in Episcopatu Lincol∣niensi suis Decimis ita vti, vt nunc vni nunc alteri

de suis Valettis ipsas conferret annuatim qui sibi in diuersis officijs ministrabant, vntill afterward hee erected a Chaunterie with them in the Church of Bampton. These Grants to his Valets, plainly were as Infeodations. And what els was in that known case of Herne and d 2.673 Pigot in Mich. 39. & 40. Elizab. but an ancient kind of Infeoda∣tion, at least an Inheritance of Tithes from im∣memoriall time in a Lay man? That, and other like to it, might begin vpon reall compositions, and so the Tithes be deriued out of the Church. But regularly, I thinke, at this day no kind of In∣feodation is here allowable in Lay mans making title to a perpetuall right of Tithes (except only by the later Statuts of Dissolutions) vnlesse it ei∣ther be deriued from some old Graunt of dis∣charge from the Parson, Patron, and Ordinarie, (in which case, hee to whom the Infeudation should be made, could haue it only as a Lay pro∣fit issuing out of the discharged land) or ioyned with a Consideration to be giuen for mainte∣nance to the Parson, by him that receiues them; and this either from time immemoriall, or by an∣cient composition. So I take the meaning of our reuerend Iudges to haue been touching this point. In summe then we may affirme, that some such ancient Infeodations haue been in England as in other States; but, that of later time none are allowable (if deriued from e 2.674 other ancient originall, then from the Statuts of Dissolutions)

vnlesse they bee anciently deriued out of the Church first by discharge, or appeare to be but as a Reward giuen in pernancie, or as Considera∣tion for a Pension or other competent Mainte∣nance yeerely payable to the Parson. Which withall well stands with the common opinion of the originall of such Infeodations; whereof we haue alreadie f 2.675 spoken. And whereas it hath been resolued, that without these reasons, a Lay man was not here capable, at the common Law, of Tithes by pernancie; it well agrees with a Decretall of g 2.676 Alexander the third, which for∣bids one that maried a Parsons sister, to enioy a Tithe giuen him by the Parson, as for the mari∣age portion, although the Parson were still li∣uing. But also, that we may not defraud you of any testimonie of former times, that may seeme obseruable touching these Infeodations, where∣of so few examples and so ltttle mention is in the Moniments of England, take this speciall Disquisition, writen in a hand of about Henrie the fifth, in the Booke of h 2.677 Osney, which would as well giue light to the course of Arbitrarie Consecrations (before largely opened) as to these Infeodations, if it were of sufficient credit. but you shall first haue it compendiously deliuered, and then iudge of it This title is put to it, Qualitèr Laici ad id priuilegium peruenerint quod locis Religiosis illas (Decimas) conferre pos∣sint. Then sayes he that writes it; he had heard

from a good Ciuill and Canon Lawier, that had been present at the Disputation of the point, in a case happening between a Religious house and a Parson, for Tithes in the Parsons Parish, who claimed them iure communi, that the Aduocat for the Religious house being put to make a spe∣ciall title against the Parsons common right, told the Court a long storie of Easterne holy Warres about Pipins time; and interposed som∣what of Charles Martell; and concluded, that the Pope and the Church euery where graunted, in reward to the Christian Princes, for their Ba∣rons, Knights, and Gentlemen, that spent their blouds, labours, and estates in those Warres, the priuiledge of arbitrarie disposition of the Tithes of their lands; by reason of which Graunt, they afterward made not only Arbitrarie Consecrati∣ons of them, but also Infeodations into Lay hands, according as the common opinion a∣mong the Canonists is too confidently receiued at this day. Then he tells vs that before remem∣berd, of the Tithes in Bampton, and cites some texts out of the Decretalls, that touch Infeoda∣tions. Next he relates, that among the Princes of the holy Warre, about Martell and Pipins time, the Duke of Normandie was a speciall one, whence hee had also that priuiledge touching Tithes, pro se ac suis, as the words are. And lastly (to bring it into England) hee thus con∣cludes, Et cum Dux Normanniae Willielmus ad

conquisitionem Angliae venisset, quidam Miles eius Robertus d'Oylleye nomine malens suas Decimas Deo commendare quam contra naturalem Ecclesiae consuetudinem ipsis vti, eas Ecclesiae S. Georgij quam in Castria Oxenford construxit contulit, Et posteà ad Monasterium Osney per Diocesanum & Capitulum Lincoln. ac etiam per Aduocatum Ca∣nonicè deuenerunt. But it all tasts of nothing but ignorance. For what touches Martell and his time generally, enough alreadie is said. And see but what a bold ignorance here was, to tell vs, that the Duke of Normandie was one of the grea∣test (personis Regum exceptis, as his Language is) that went in the holy Warre in succursum Eccle∣siae Romanae, in those times of Pipin and Martell? I would he durst haue told vs also who had then been Duke of Normandie. Neither that title of Dignitie, nor that name of the Countrey, were, till about CL. yeers after Martell, at all known. The Territorie being then vnder the French Kings, who long after gaue it to the Normans, and erected it into a Dukedome. Indeed the Duke of Normandie had good place in the later holy Warres, about M.XCV. but did not that make this Aduocat say, that the Duke of Nor∣mandie was a speciall Prince in the other also of Martell's time? Such of the later midle times stand not much vpon the mingling of Stories, that differ in themselues euen many whole ages. Besides, he tells vs of strange Princes names of

the East, that made the Warre against the Church. Plainly, the most pretended cause of the rest that erre herein as much as hee doth, is the Saracenicall Warre in Martell's time, and that out of Spain, not from the East. And had it been so vnder Martell's time, as it is vsually af∣firmd; what had that been to England? But you see his prouidence for that matter, where he de∣riues it from the Duke of Normandie. But what though there had been some such Duke of Nor∣mandie, whose Successor had afterward either conquered or enherited England? had there∣fore the old supposed priuiledge of retaining or disposing of Tithes, been thence communicated to his subiects of England? and that to the losse of the Church here, that neuer could haue got∣ten good by the supposed cause of the priui∣ledge? All the Canon and Ciuill Law that the Aduocat had, could neuer haue proued such a consequent. It will still remaine most probable, if not cleere, that what Infeodations were in England, had their originall as well out of the right of arbitrarie disposition of Tithes challen∣ged by the Laitie, without the grant of the Pope or Church, as out of Compositions or Conuey∣ances from the Clergie; according as in other States. For no sufficient Storie, no credible Mo∣niment, no Passage, or Testimonie of worth, can iustifie that generall right of retainer or disposi∣tion to haue been giuen by the Clergie, or Pope,

vpon any cause whatsoeuer; though the Cano∣nists and others that follow them, cry against it, vsque ad rauim. The vse of Infeodations, before those later holy Warres, we haue alreadie shewd. And that no vse of them could be about Mar∣tell's time, is not lesse apparant, by what is also before deliuered. But beside this blind testimo∣nie of the ground of Consecrations or Infeoda∣tions; for England especially, you may take that (as it is) also of i 2.678 Lindwood, who thus speaks tou∣ching the Portions which Religious houses had. Hae Portiones (saith he) potuerunt peruenisse ad locum Religiosum de concessione etiam Laici cum solîus Diocesani consensu de Decimis vel prouen∣tibus quas Laicus talis ab Ecclesia alia habuit in feudum ab antiquo, according to that in tit. de his quae fiunt à Praelatis sine ass. cap. c. cum Apostolica. And hee addes, that this is only true, if those Tithes were infeodated before that Councell of Lateran of MC.LXXIX. And then concludes with, Nam ante illud Concilium bene potuerunt Laici Decimas in feudum retinere & eas alteri Ecclesiae vel Monasterio dare. Non tamen post tem∣pus dicti Concilij. For his interpretation of the Councell, enough before, towards the ends of the VI. and X. Chapters. But doth not Lind∣wood here suppose ancient Infeodations of Tithes (at least created by Churchmen) in England? Doth he not thence fetch the originall of Porti∣ons belonging to Religious houses in England?

commonly, though he writ as a Canonist, yet he addes the speciall custom of England if he speak of any Canon Law, which he thinks had not place here. but he excepts not England in this, but implies it. therefore doubtlesse, he supposed a common vse of ancient Infeodations among our Ancestors. but I doubt he had not better ground for it then what he found in others of his profession, that had rememberd the frequent vse of Infeodations in other States before that Councell. and he so applied it equally to his own Countrie, and with them takes the Infeo∣dations to haue had originall only from the Grants of Church-men. therefore I value his te∣stimonie here but as of a common Canonist, and not sufficient to satisfie vs touching our owne Countrie▪ neither in his age were the particulars of practice of the time before that Lateran Councell, or of the time of creation of Infeoda∣tions in other places, enough known among La∣wiers. I adde only one note out of Bracton that may touch Tithes infeodated or turnd anciently here into Lay fee, and conclude this matter. He k 2.679 speaking of Land demised and recouered by the Legatarie, tells vs some opinion was of his time, that such Land after the recouerie iterum incipit esse Laicum feodum & non ante; quod non erit de Decimis, cum semel efficiantur Laicum feo∣dum; nunquam reincipient esse Decimae, & haec vera sunt secundum R. & alios. Did not he here

suppose Lay infeodations of Tithes in England? let the Reader iudge. By the way, I note, that passage is corrupted in the print. The beginning is Item for Iterum, and that R. & alios (which I think stands for Roger de Thurkelby a great Iudge of that time) is Biastos. but according to my Ms. Bracton, I haue thus alterd it. You may consider also if some Infeodations came not out of Lay mens enioying of whole Churches with their possessions about the Norman Conquest. it is frequent in Domesday, to find that such a Lay man tenet Ecclesiam of such a place, and sold it to such a one. and in the claimes of Yorkeshire there, the Entrie is super Ecclesiam S. Mariae de Moselege habet Rex medietatem eleemosynae fe∣storum S. Mariae quae iacet ad Wackefeld. Omne aliud habet Ilbertus & Presbyter qui Ecclesiae seruit &c. Where Tithes were in that time an∣next by cōtinuance of payment or Consecration to Churches, perhaps they might in like manner as these Offerings or whole Churches, come into the Lay hands. but I leaue this to the iudgement of my Reader. And hereof thus much.

II.

Now for Exemptions or discharge from payment; we haue anciently had them here, and still retain some of them in the practiced Law. and that originally either by Priuileges, Pre∣scription, or Grants and Compositions and V∣nitie of possession. The Priuileges haue been ei∣ther such as were specially allowd and limited to

the Orders of the Templars, Hospitalars, and Ci∣stercians by the Generall Councell of Lateran, held in 17. of King Iohn (of which more parti∣cular narration is before made) or by new Bulls for the discharge of this or that Monasterie or Order, at the Popes pleasure. By reason of the first kind of priuilege, those three Orders held their Lands discharged of payment so long as they manured them in their own occupation. at least all such Lands as they had purchased before the Generall Councell. and by the second kind sometimes whole Orders were discharged, as for example, that Bull to the l 2.680 Praemonstratenses in general giuen by Pope Innocent the third, grants them that of their own culture or other improu∣ments they should pay none. Sometimes spe∣ciall Monasteries; as in that of the same Pope to the m 2.681 Abbey of Chertsey. De noualibus verò quae proprijs manibus aut sumptibus colitis, aut de ve∣strorum animalium nutrimentis, siue de hortis & virgultis, aut piscationibus vestris, nullus à vobis Decimas exigere, vel extorquere praesumat, sed eas eleemosynae aut pauperibus Monasterij vestri iuxta quod tu fili Abbas postulasti à nobis, praecepimus as∣signari. What force by the common Laws of this Kingdom, such a Papall priuilege in ancient time alone had, I abstain here to dispute. and al∣though other examples enough might out of o∣riginalls be brought of the like, yet I touch not any of them neither, lest vnawares I might giue

occasion of some priuat controuersie. But they had their force in the Canon Law here, and be∣ing so allowd in allegations against Libels for Tithes, were strengthened also at length (especi∣ally those which were of the ancientest) with pre∣scription of time, in so much that from them o∣riginally diuers Lands of dissolued Monasteries remain to this day discharged of payment. But in 2. Hen. 4. cap. 4. an Act of Parliament is made a∣gainst those of the Cistercians here, which pur∣chased Bulls of Exemption for their demised Lands. and those of the Order and others put∣ting such Bulls in execution are made thereby subiect to the punishment, containd in the Sta∣tut of 13. Rich. 2. of Praemunire. Discharges by immemoriall Praescription of paying no Tithes (of things commonly and of their nature tithe∣able) nor any thing in lieu of them, are by the la∣ter common Law (since their Parochiall right e∣stablished about the time of King Iohn) allowd only n 2.682 to spirituall persons, but to no Lay man. The Laitie being since that time held incapable of Tithes both by pernancie (sauing in such a speciall case where continuall consideration was giuen to the Church, as in that Case before of Herne and Pigot) in their own right, as also by discharge vpon bare prescription alone, sa∣uing only in Cases within the Statuts of Disso∣lution of 31. Hen. 8. and 1. Ed. 6. and the Statut of 32. Hen. 8. that warrants common Infeodati∣ons

of them. and so is the practiced Law of this day. For, by those Statuts, lay Patentees of lands or Tithes haue like priuilege of discharge and title as the spirituall persons, whose Corporati∣ons were by them dissolued, before the dissoluti∣on enioied. Of the Hospitalars dissolued in 32. Hen. 8. I purposely abstain to speak. To this of Prescription, may be added that of Vnitie of Possession. For if any Religious house dissolued in 31. Hen. 8. held the Rectorie of Dale & Lands in the Parish immemorially paying no Tithes, this Vnitie discharges also the Patentees at this day, in such sort as the Monasteries were dischar∣ged. But by Compositions and Grants euery man, as well Lay as Spirituall, by the common Law (before the Statut of 13. of Elizabeth, made against Leases and Grants of Parsons) might be discharged of Tithes; as if the Parson Patron and Ordinarie ioind in it to the Parishio∣ner either for consideration continuing (as in reall o 2.683 Composition) or for other arbitrarie cau∣ses not appearing to posteritie as in Grants by all three, or rather in Grants by the Parson, and Confirmations by the Patron & Ordinarie. And it is prouided by the Statut of 2. Ed. 6. cap. 13. tha no person shall be sued or otherwise compelled to yeeld, giue, or pay any manner of Tithes for any Mannors, Lands, Tenements, or Hereditaments which by the Laws and Statuts of this Realm, or by any Priuilege or Prescription are not charge∣able

with the payment of any such Tithes, or that be discharged by any Composition reall. But al∣though a Lay man may not be discharged of all payment by meer Prescription (vnlesse he begin the Prescription in a Spirituall person) yet for diminishing the Quota in payment only of a lesse then the Tenth, he may p 2.684 prescribe, that is, De modo decimandi. and to that purpose an imme∣moriall custome of a whole Town or Mannor holds place at this day. So was the Law q 2.685 an∣ciently also. Beside these discharges, some may here expect that part of our Laws, which with vs (as the Philippine in France, and the Carolines in Spain) discharge some things from payment of Tithes, and seem to permit some customs de non Decimando. But for that matter; so much as vp∣on consideration was thought fit to be sparingly said of it, is referd to the passages in the next Chapter, that touches ancient prohibitions de non Decimando. Neither indeed doth that part of our English customs belong to the title of Exemption or Discharge. for Exemption and Discharge are properly singular rights to this or that person or Land, and against the currant of the practiced Law. but those things touching which any such prohibitions de non &c. by our Law should be granted, are supposed generally according to the reasons and practice of the Laws of England, of their own nature, not tithe∣able. So that not so much a discharge is found in

that course as a preuention of an vnlawfull charge which the Canons would lay vpon that which the Laws of the Kingdom account not at all in its own nature chargeable. But thereof somewhat more anon.

CAP. XIV.

I. The iurisdiction of Ecclesiastique causes, in the Saxon times, exercised by the Shrife and the Bishop in the Countie Court. and among them that of Tithes also was then to haue been there determind. The Bishops Consistorie seuered from the Countie Court by William the first.

II. After the Normans, Originall suits for Tithes, were aswell in the Temporall Courts as in the Spirituall. and that continued till Henrie the second or about King Iohn.

III. Of the time since about King Iohn or Hen∣rie the second. Of the Indicauit and the Writ of right of Aduowson of Tithes. What the Law was in an Indicauit before that Statut of Westm. 2. A touch of ancient Prohibitions, De non Decimando.

IV. Writs of Scire facias for Tithes. Enquests taken vpon Commission to enquire of the right of Tithes.

V. Fines leuied of Tithes (in the time of Ri∣chard the first, of King Iohn, and Henrie the third) vpon Writs of right of Aduowson.

VI. Scire facias by the Patentees against the pernor of Tithes granted by the King.

VII. Command of paiment by the Kings Writ. And of Tithes in Forests. Triall of the right of Tithes incident in some issues.

AS a corollarie to the former parts that di∣rectly concerne the payment or consecra∣tion of Tithes, we thought fit to adde here in the Conclusion of the Treatise, the Historie also (but only the Historie) of the iurisdiction of Tithes in this Kingdom. It is cleer by the pra∣cticed cōmon Law, both of this day as also of the ancientest times that we haue in our yeer books, that regularly the iurisdiction of spiritual Tithes (that is, of the direct and originall question of their right) belongs, I thinke as in all other States of Christendom, properly to the Ecclesia∣sticall Court. and the later Statuts that haue gi∣uen remedie for Tithes infeodated from the Crown after the Dissolution, leaue also the an∣cient right of Iurisdiction of Tithes to the Ec∣clesiastique Courts. But how the difference of Ages hath herein bin amongst vs, is litle enough known euen to them which see more then vul∣garly. In declaration thereof, we shall aptly de∣uide the time tripartitly; into that of the Sax∣ons; that from the Normans till about Henrie the second; and what intercedes from thence till this day.

I.

In the Saxon times a iurisdiction of Eccle∣siastique causes (among which you may reckon that of Tithes, although not much signe of it, in exacting payment of them, appears in the moniments of that age) was exercised iointly by the a 2.686 Bishop of the Diocese, and by the Shrife or Alderman of the sciregemot, or Hundred, or Countie Court, where they both sate, the one to giue Godes right, the other for ƿuruldes right, that is, the one to iudge according to the Laws of the Kingdom, the other to direct according to Diuinitie. and in the Laws made for Tithes by K. Edgar and K. Knout, you see vpon default of paiment it is ordaind, that the Bishop and the Kings Bailife, or Shirife, with the Bailife of the Lord of the Land, should see that iust restitution should be made. particulars of the exercise of this kind of iurisdiction, I haue not seen. But at the Norman Conquest, this kind of holding Ec∣clesiastique pleas in the Hundred or Countie Court, was taken away. Remember that as at this day most of the Pleas Ecclesiastique are in the Ordinaries Court within the Diocese, so most suits in the secular or common Law were Viscontiel and held in the Countie or Hun∣dred Court of the Shrife in those ancienter times, which may best be obserued out of one of the books of Ely b 2.687 the most especiall moni∣ment that is extant, for the holding of Pleas in the Saxon times. That alteration at the

Norman Conquest, was by a Law made by the Conqueror, and directed to all Tenants in the Diocese of Remy, that was first Bishop of Lincoln whither his See was then translated from Dorchester. and although it be sent in the direction by name to them only, yet it seems, it grew afterward to be a generall Law, no other∣wise then the Statut of Circumspectè agatis, that hath speciall reference only to the Bishop of Norwich. The words of it c 2.688 as they are recor∣ded, are,

Sciatis vos omnes & caeteri mei fi∣deles, qui in Anglia manent, quod Episcopa∣les leges, quae non benè secundum sanctorum Canonum praecepta, vsque ad mea tempora in regno Anglorum fuerunt, communi Con∣silio Archiepiscoporum meorum & caetero∣rum Episcoporum & Abbatum, & omnium Principum Regni mei emendandas iudicaui. Proptereà mando, & Regiâ autoritate praeci∣pio, vt nullus Episcopus vel Archidiaconus de legibus Episcopalibus amplius in Hun∣dret placita teneant, nec causam quae ad regi∣men animarum pertinet, ad iudicium secula∣rium hominum adducant, sed quicunque se∣cundum Episcopales leges, de quacun{que} cau∣sa, vel culpa interpellatus fuerit, ad locum quem ad hoc Episcopus elegerit & nomina∣uerit, veniat, ibique de causa sua respondeat, & non secundum Hundret, sed secundum Ca∣nones & Episcopales leges rectum Deo, &

Episcopo suo faciat.

Which I rather tran∣scribe here, because also it seems to giue the ori∣ginall of the Bishops Cosistorie, as it sits with vs, diuided from the Hundred or Countie-Court, wherewith, in the Saxon time, it was ioyned. And in the same Law of his, is further added, Hoc etiam defendo vt nullus Laicus homo de legibus quae ad Episcopum pertinent se intro∣mittat &c.

II.

Afterward, vnder the succeeding Prin∣ces, till about Henrie the second, it seemes, that the Iurisdiction of Tithes was exercised in both Courts, as well Secular as Spirituall, and that by originall suit; not only in the one by the first in∣stance (as regularly the later common Law would haue it) and in the other by Prohibition only. I know, little proof will serue most men to iustifie, that the Spirituall Court had then a Iurisdicti∣on of them. but also some testimonie I haue seen of a particular recouerie of Tithes in the Bishops Court in that age. The Monks of Northampton, vnder d 2.689 King Stephen, recouered two parts of the Tithes of the demesnes of Wullaueston against Anselm de Cochis, before Robert Bishop of Lin∣coln, as Ordinarie. In plenaria Synodo coram Ro∣berto Lincolniensi Episcopo disrationauerunt, as the words are in a sealed Charter of Simon the second, Earle of Northampton, then liuing; wherein hee testifies both the recouerie, as also Anselme's confirmation of the same two parts,

according to the recouerie, and addes also of his own volo & praecipio vt illam Eleemosynam habe∣ant & teneant liberam & quietam. And to this you may adde the Appeales to Rome from the Audience of the Archbishop of Canterburie and other Ecclesiastique Conisans touching e 2.690 Tithes, that are (as the ancientest Precedents of any such Ecclesiastique proceeding in England) remai∣ning among the Epistles of Iohn of Salisburie, a great fauorite of Thomas Becket Archbishop of Canterburie in the beginning of Henrie the se∣cond. In one of them it is obseruable by the way f 2.691, that one Richard, the Tenant of Land lying within the Parish of Lenham, being sued in the Audience by Andrew the Rector for his Tithes, alledges in Court, Sibi a nobili viro Wil∣lielmo fratre Regis, Domino suo, esse prohibitum, ne, eo absente, super Decimis de quibus agebatur, causam ingrederetur. Yet the Court ceased not therefore to proceed; but Sentence being readie to be giuen for the Rector, the Cause was sent to Rome, vpon the defendants Appeale. And al∣though the g 2.692 title were only vpon the Grant of him that arbitrarily consecrated, yet was it som∣time determined in the Spirituall Court. But also that in this elder age before about the time of Henrie the second, the Kings secular Courts of Iustice originally held plea of the right of Tithes, is as plain by infallible proofe of ancient Moniments. To begin with the eldest times of

this part of our Diuision; there remaines h 2.693 yet recorded a Plea held apud Fulcardi montem, vn∣der William the second, betweene the Monks of Salmur and Philip de Braiosa; wherein, the Monks claiming against him and the Abbey of Fischamp (in Normandie) Parochiam quae ad Sanctum Cuthmannum pertinet de Castello de Staninges (these are in England, I thinke in Sussex) de Bedingas, & de Bedelingtona; by the testimonie of Robert Earle of Mellent, a Iudgement of the Conquerors time is cited, by which the Abbey of Fischamp had the Parish of S. Cuthmann adiudged to it in the Kings Court. And thereupon (it being denied by none) it was now again adiudged, that the Monks of Salmur should restore whatsoeuer they had taken post mortem Regis in Decimis & Sepulturis & Of∣frendis &c. to the Church of Fischamp. And while some delay was in the execution, the King sent his Writ ad Iusticiarios suos de Anglia, that is, to Ralf Bishop of Chichester, Randoll his Chap∣laine, Hamon his Sewer, and Vrso de Abetot, whereby hee commanded, Vt facerent Ecclesiam S. Trinitatis (that is, of Fischamp) habere totam Parochiam S. Cuthmanni & Decimas & Cor∣pora & omnes Custumas tam de viuis quam de mortuis sicut pertinebant ad praedictam Ecclesiam S. Cuthmanni antequam Willielmus de Braiosa haberet Castellum de Bembra (Bramber Castle, in Sussex, giuen by William the first to William de

Braiosa) & quicquid de supradictis custumis Mo∣nachi de Salmur ceperint reddi. The right of Tithes and Offerings appeares here plainely to haue been determined in the Temporall Court by two Iudgements, the one vnder the Conque∣ror, the other vnder his sonne William. And it is found vpon record, that about i 2.694 10. Hen. 1. a Writ was sent to Manasses Arsic, out of whose Lands, diuers Tithes were conueyed into the Monasterie of Fischamp, commanding him, Qua∣tenus Decimas a parentibus suis inuiolabili iure concessas & datas Fiscamensi Ecclesiae, Monachos suos apud Coges degentes omnes in pa••e & qui∣ete habere faciat; sinon, Iustitiae Regis facerent. Whereupon he sends his Precept to all his Te∣nants of such Lands, commanding them to make payment. Si quis autem aliter (saith he) facere praesumpserit Regis irae & nostrae poenam sine du∣bio patietur. So among the Liberties of Saint Iohn of Beuerley k 2.695, this Writ is found of Hen∣rie the first.

Henricus Rex Anglorum Os∣berto Vicecomiti de Eboraco & Geraldo de Bridesala salutem. Praecipio vobis, vt faci∣atis habere Ecclesiae Sancti Iohannis de Be∣uerlaco, Decimas suas sicur vnquam melius habuit, in tempore Regis Edwardi & patris mei, de illis videlicet terris omnibus de qui∣bus homines Comitatus Eboraci testimoni∣um portabunt quod eas habere debent. Et quicunque detinuerit, sciatis quod ego volo

vt rectum faciat Deo & S. Iohanni & mihi. T. Ran. Cancellario, & Comite de Mellet, a∣pud Londonias, &c.

What is this else then a kind of Iusticies to the Shirife of Yorkeshire, for the right of Tithes determinable by the Countrie? Doth not homines Comitatus Eboraci denote as much? Of the same time also, in a l 2.696 Vo∣lume of Constitutions & other things belonging to the Church of York:

Henricus Rex An∣glorum Osberto Vicecomiti de Eboraco salu∣tem. Mando tibi & praecipio vt Archiepisco∣pum Girardum permittas & facias honorificè tenere Ecclesias meorum propriorum Mane∣riorum quas S. Petro & eidem dedi cum om∣nibus Capellis suis, & cum omnibus Decimis suis, & cum omnibus terris suis, videlicet Ec∣clesiam de Bokelinton, & de Driffeild, & de Killum, & de Pickering, & de Burgo. Waltero & Euremaro Ministris de Driffeild praecipio vt Decimas de hoc praeterito Augusto, quas non reddiderunt, plenariè reddant sicut Ec∣clesia eas iustè habere debet & sicut vnquam eas melius habuit tempore patris mei siue meo antequam eas dedissem S. Petro, & videant ne ampliùs inde clamorem audiam. si quis inde iniuriam fecerit Archiepiscopo, tibi, Osberte Vicecomes, praecipio vt plenariam rectitudi∣nem inde facias. Teste Rogero Episcopo Sa∣risburiense apud Westmonasterium in Natali Domini.

And another is there, in these words:

Henricus Rex Anglorum Ansch. Vicecomiti & omnibus Praepositis & Ministris suis de Driffeild, & de Pokelinton, & de Killum, & de Pikering, & de Burt, salutem. Volo & praeci∣pio quod faciatis habere Hugoni Decano & Clericis suis benè & plenariè omnes rectas Decimas de Dominijs meis in omnibus rebus per haec praedicta Maneria mea & de omnibus Parochianis, qui ad Ecclesias horum praedi∣ctorum Maneriorum meorum pertinent. Si∣militèr facite ei habere benè & plenariè & Decimas & omnia iura praedictarum Ecclesia∣rum in terris & capellis. Quia pro salute ani∣mae meae & omnium antecessorum meorum beato Petro eas concessi in Eleemosynam. No∣lo autem quod pro recti penuriâ quicquam perdant quod iustè habere debent. T. apud Eborum

. And about 6. Hen. 2. when Turstin Fitz-Simon vsurpt the Tithes of Mercham, be∣longing to the Abbey of Abingdon, one of the Monks were sent ouer to the King into France, Vt per eius iustitiam & autoritatem (as my m 2.697 Au∣tor saies) rectum suum Ecclesiae suae restitueretur. Quod & ita factum est. Rediens enim frater qui missus fuerat breue à Rege transmissum in haec ver∣ba reportauit. Then the writ followes, directed from Tours to the Shirife of Barkshire.

Hen∣ricus Rex Angliae & Dux Normanniae & Aqui∣taniae & Comes Andegauiae, Vicecomiti suo & ministris suis de Berchesira salutem. Si Eccle∣sia

de Abbendona habuit Decimam de Mer∣cham ad luminare Ecclesiae tempore Henrici Regis aui mei & anno & die quo fuit mortuus & viuus & post, & inde sit disseisita iniustè & sine iudicio, tunc praecipio quod sine dilatione inde eam resaisiatis, Et ita benè & in pace & liberè & iustè tenere faciatis sicut meliùs & liberiùs tenuit tempore Henrici Regis aui mei, Et praecipio quod quando Turstinus filius Si∣monis redierit in Anglia, quod Abbas Abben∣doniae plenum rectum habeat de terra quam praedictus Turstinus filius S. tenet de feudo Abbatiae. Et si Abbas poterit disrationare quod non defecerit de recto praedicto T. in Curia sua, Abbas inde ei in Curia sua rectum teneat. T. Magistro Iohanne de Oxenford a∣pud Turonem.

The Shirife, by vertue of this Writ, vpon enquirie of the point of it in his Countie-Court, restored the Abbey to the pos∣session of those Tithes. The words of the Booke are,

Cum verò per lectum esset Regis breue in pleno Comitatu & manifestè compertum to∣tius Comitatus testimonio n 2.698 quoniam praefata Decima ad luminare Altaris S. Mariae perti∣neret, & quod eam Turstinus iniustè tenebat, Vicecomes ex parte Regis illum dissaisiauit, & eam Altari cui adiacebat restituit.

What can be plainer, then that in those times (if these examples haue credit, as indeed they cannot iust∣ly be impeached) the Temporall Courts held Iu∣risdiction

of Tithes in point of right; and not only the Spirituall. and to confirm it, we adde also the autoritie of Iohn of Sarisburie o 2.699 that then liud. he in an Epistle to the Bishop of Ex∣cester relating some of those Positions of the common Laws; or the Auitae consuetudines (as they called them) which Thomas Archbishop of Canterburie about 12. of Hen. 2. so much with∣stood, mentions one to be Quod Laici, siue Rex, siue alius, causas de Ecclesijs & Decimis tractent. which well agrees with the autorities before ci∣ted. But this was vtterly disallowd then by the Pontificiall Laws, as, beside the autoritie of the common Canons, may be seen in an Epistle of Alexander the third, to the p 2.700 Bishop of Exceter and the Dean of Chichester, wherein it appears, that one William a Clerk of Chichester had ap∣pealed to the Pope about Tithes, the suit being twixt him and the Parson of Curket. and the Parson had on the other side appealed Ad audi∣entiam Domini Regis. whereupon saies the Pope, Quoniam nemini liceat super rebus spiritualibus ad secularem Iudicem appellare, they should enquire of the matter, depriue the Parson, and send him to Rome.

III.

The frequencie of such originall suits for Tithes, in the temporall Courts (through the Canons and the power of the Pope increasing, and growing more dreadfull to Henrie the se∣cond, and King Iohn) became about their times

to be, it seems, more out of vse, and possessed ra∣ther by Ecclesiastique iurisdiction. Neuerthelesse in the sundrie ages since, the determination of the right and payment of Tithes hath been sub∣iect to the temporall Courts, by diuers kinds of originall proceeding, which for orders sake may be all comprehended in these Fiue. I. By Prohibitions touching the modus or Customs of Tithing, or other matter concerning the Kings q 2.701 right, triable only in his own Court, or the like. II. The Writ of Right of Aduowson of Tithes, wherto you must annex the writ of Indica∣nit, that is but a speciall prohibition making way for the Writ of Right of Aduowson. III. By Scire facias IV. By bare processe of command of payment. V. By the actions vpon the late Statuts of 32. Hen. 8. and 2 Ed. 6. For the first and last of these; because they are now both in common practice, and thence known enough in generall to euery man, I abstain purposely to speak more of them; sauing only that for the first; out of the more ancient ages, I obserue som∣what by the way which may belong to the vse of the present. In 21. Hen. 3. when all the Clergie of England, in the Nationall Synod held at London, vnder Otho the Popes Legat, made sub∣plication to haue redresse from the King, of some grieuances, r 2.702 one was, Quod iudices seculares non decidant causas Ecclesiasticas in foro seculari &c. & vtrum dandae sint Decimae de Lapicidinis, vel

Syluicedijs, vel Herbagijs, vel Pasturis, vel de a∣lijs Decimis non consuetis. which shews that the temporall Courts also in those elder times, de∣termined what was titheable or not, & so made prohibitions De non decimando, according to the Processes in France vpon their Philippin, and in Spain vpon the Carolin, and according to that note in the s 2.703 Register and t 2.704 Fitzherbert touch∣ing the Iustices determination of what is tithe∣able. agreeing to this is a Case of 8. Hen. 3. u 2.705 where in a prohibition was granted against a Parson that sued for the Tithes of Rent. But you shall haue it as it is in the Record. Warwick.

Ma∣gister Eustachius de Cestreton attachiatus fuit rd respondendum Hugoni de Lege, quare contra prohibitionem &c. trahit eum in pla∣citum in Curiam Christianitatis de Laico feodo ipsius Hugonis in Cestreton; vnde Idem Hugo queritur quod ipse exigit ab eo in Cu∣ria Christianitatis de certa pecunia pro Deci∣mis molendinorum, & certum pratum, scili∣cet tres acras prati, & praetereà de Wareto suo; & de terris incultis si illas locauerit ipse petit Decimum denarium &c. Et Magister Eustachius venit & defendit contra eum & contra sectam suam, quod nunquam traxit eum in placitum de aliqua re certa nisi tantùm de Decimis faeni & molendinorum sicut Deci∣mae inde dari debent, nec aliquam acram pra∣ti petit nec denarios de molendinis, nec ali∣quid

de Wareto vel terra nisi tantùm garbas; & ideò praeceptum est eidem Eustachio quod de nullo placito de caetero sequatur in Curia Christianitatis▪ nec de aliquo Laico feodo nec de aliquo quod sit contra Coronam Domini Regis.

But, to leaue this and to go to the II. and III. and IV. courses of proceeding for Tithes in temporall Courts, which are not so obuiously known; for the II. touching the Writ of Right of Aduowson of Tithes, and the Indicauit. it hath bin cleer euer since the Statut of Westminster 2. cap. 5. and of Circumspectè aga∣tis, both made in 13. Ed. 1. (this as well as the other long since being receiud into practice by the name of a Statut, and so called in Acts of Parlament; although it were anciently reputed rather as an Ordinance made x 2.706 by the King and Prelats) that if A. Parson of Sale (for examples sake) libell against B. Parson of Dale in the spi∣rituall Court, for so much Tithes and Offrings, possessed by B. as amount to the fourth or a greater part of the value of the Church of Dale, B. may haue him prohibited by an Indicauit di∣rected to him and the spirituall Iudge, after which the Patron of A. hath no other remedie for himselfe or his Encumbent (what right soe∣uer they haue) then to bring a Writ of Right in the cōmon Pleas, of the Aduowson of that fourth part, against the Patron of B. in which Writ, the right of those Tithes must be tried by the

common Law. and herewith expresly agrees the Statut of Articuli Cleri. and the reason is be∣cause that if the determination of this Plea should be allowd to the spirituall Court, then might the Patrons Aduowson of such a part be there lost by iudgement according to the Ca∣nons, whereas the right of Aduowson and Pa∣tronage of Churches or Tithes only belongs, by our ancient Laws and at this day, to the secular Court. Neither is the Writ so much of the Tithes as of the Aduowson of the Tithes; Praeci∣pe A. (so are the words) quod reddat B. aduocatio∣nem Decimarum tertiae vel quartae partis Ecclesiae de C. &c. And howeuer by the Canon Law the right of Tithes be meerly spirituall, and so not due to the Rector so much by reason of his pre∣sentation from the Patron, as of the common right challenged by the Ministerie (whereupon also a 2.707 Lindwood, like a Canonist, thinks it not preiudicall to the Patron, which way soeuer the Tithes alone be determind of, in regard that all the Patrons interest is, hee saies, originally in the foundation, building, or endowing of the Church with Manse, Glebe, or Rent, and hath no relation to the Tithes which by common right are receiud without his Donation) yet by reason it seems both of our ancient practiced Law of Dotation of Churches by arbitrarie conueian∣ces of Tithes, at the owners pleasure, in which doubtlesse Patrons very frequently b 2.708 encreased

the reuenues of foundations with the Tithes of their Demesnes; as also of that other ancient vse of Inuestiture, wherein the very interest of all the Glebe, Tithes annext▪ and other reuenues, was transferd into the Encumbent by the Pa∣tron; it was thought fit that the Aduowson of the Tithes alone should be equally reputed, for what concerned the Patron, with any other part of the Churches reuenue. And the Law hath been cleer thus, and so still practiced c 2.709 since the Statuts before cited. they permit not the spiritu∣all Court to hold Plea of Tithes of the value of the fourth part, where the Patronage is question∣able; but will haue the Aduowson thereof tried alwaies by the common Law after the prohibiti∣on of Indicauit, which (being purchased aswell at the suit of the Patron as of the Parson) re∣cites that the Parson defendant in the spirituall Court Tenet d 2.710 medietatem or quartam partem om∣nium Decimarum prouenientium de &c. de aduo∣catione of the Patron &c. And then, Quia mani∣festum est quod praedictus the Patron iacturam ad∣uocationis Decimarum praedictarum incurreret si praedictus Rector in causa illa (that is the Parson plantif) obtineret, vobis prohibemus ne placitum illud teneatis in Curia Christianitatis donec discus∣sum fuerit ad quem illorum pertineat earundem Decimarum aduocatio. And then according as the right shall afterward be tried in the Writ of right, the spirituall Iudge is to giue e 2.711 sentence.

The same Statuts allow, to the spirituall Iurisdi∣ction, conisans of the fift, and of all parts lesse then a fourth of the value of the Church in tithes controuerted twixt two Parsons. and no Indica∣uit f 2.712 is grantable to forbid the suit of one of them, commenced for any lesse part, in respect of the Patrons right only. Neither vpon them, by consequence, hath any Writ of right of any part of Tithes that g 2.713 appears not to be a fourth part of the Churches value, been allowable. But, for this point; how the Law was before those Statuts of 13. Ed. 1. is a great question in our yeer books, and diuers are the Opinions touch∣ing it. Some h 2.714 think that before the Statut of West. 2. cap. 5. (out of which, ioind with Circum∣spectè agatis, they limit the Indicauit to the fourth part) no Writ of right of Aduowson of any Tithes lay by the common Law. Others ghesse that before that time a Prohibition or In∣dicauit lay vpon euery suit in the spirituall Court i 2.715 for Tithes, and that the Patron might haue had his Writ of k 2.716 right vpon such prohi∣bition against the suit of his Encumbent, either of a fift or sixt part, and that these Statuts re∣straind him to the value of the fourth part at least Others haue herein other fancies. But, it is plain first, that long before those Statuts, Tithes were demandable, of the owner detaining them, of their own nature, and pleadable, in the Spiri∣tuall Court. and that affirmd in Fleta, was regu∣larly

before true. Decimae l 2.717 in quantum Decimae (it suits against the Parishioners) debent in foro Ecclesiastico intentari, wherewith Bracton, * 2.718 li∣uing in the time of Henrie the third, also agrees. But it is as plain that before those Statuts, if the Rectors of two Churches of seuerall Auowries, had controuerted the right of a fourth part (or of the value of either of their Churches more) in Tithes, by suit commenced in the spirituall Court, the Patron of the Rector-defendant might haue had an Indicauit, to prohibit the prosecution and holding of the Plea. Bracton teaches vs that; and hath the forme of the Writ to the same purpose, and giues his reason, Quia posset Patronus, iacturam suae aduocationis incur∣rere. But somwhat doubtfully he limits the quan∣titie of the Tithes to the sixt part at the least, be∣yond which denomination the Indicauit, hee thinks, lay not for any part. His words are: Si contentio fuerit inter Rectores de aliquibus Decimis quae aestimari possunt vsque ad quartam, quintam, vel sextam partem aduocationis, vltra quam par∣tem non extenditur prohibitio vt videtur, tunc fiat Iudicibus (Ecclesiasticis) Prohibitio in hac forma. Rex talibus Iudicibus salutem. Indicauit mihi &c. But he mentions no Writ of right of Aduowson of Tithes that should follow. Hee saies indeed that vpon the Indicauit, by consent only of the Patrons, there may be an enquest taken (the Iu∣rie being returnd into Court by Venire facias or

Distringas had by petition of them so consen∣ting) tanquam de Aduocatione, to find Vtrum talis praesentatus à tali Patrono recentèr fuerit in seisina de talibus Decimis tanquam spectantibus ad Ec∣clesiam suam quam tenet de praesentatione talis Patroni sui, vel si talis alia persona inde fuit in seisina tali tempore vt de Decimis spectanti∣bus ad Ecclesiam suam talem quam tenet de aduocatione talis Patroni sui. But how euer Bracton's owne opinion (yet doubtfully) be, that the Indicauit might bee brought for the sixt part, and for no lesse, yet, it seemes, the practice of the age was otherwise. and that no determination was in his time, nor before 13. Edw. 1. of any certaintie therein; which is expressely deliuered in the Grieuances com∣prehended in the Nationall m 2.719 Councell of Lon∣don in 21. Hen. 3. where all the Clergie entreated Otho the Popes Legat, that hee would perswade the King to alter and correct certaine procee∣dings, quae fuerunt in regno Angliae in praeiudicium libertatis Ecclesiasticae; among which, one is, Item ne currat prohibitio (you must vnderstand the Indicauit) Ne Iudices Ecclesiastici cognoscant de iure Pat••onatus quominus Clerici possunt petere Decimas tanquam de iure Communi ad Ecclesias suas pertinentes. Quia Patroni Ecclesiarum vel Capellarum quae Decimas petitas possident, dicunt per talem petitionem Iuri Patronatus sui derogari, & nolunt Iusticiarij Domini Regis Iudicare quota

pars Decimarum peti possit vel debeat coram Iu∣dice Ecclesiastico. And another, Item ne currat prohibitio Domini Regis, ne Rector Parochialis Ec∣clesiae impetat eos qui percipiunt Decimas infra limites Parochiae suae. By both which, compared with the ancient Bookes, it appeares, that the Kings Prohibition lay commonly, if the Aduow∣son of the Tithes were between two persons que∣stioned, and that also (for aught occurres to the contrarie, except Bracton's coniecture) if any part of the Tithes or the Aduowson (which in such a suit were reputed as one) had been con∣trouerted. To these testimonies may be added this, in the Epistles of the most learned n 2.720 Robert Grossetest Bishop of Lincolne vnder Henrie the third, whereby the course of Indicauit is proued, and also taxed for iniustice against the libertie of the Church. Thus is it spoken of among other grieuances of the Clergie.

Item in Ecclesiae libertatem non mediocritèr delinquitur, cum Iudices Ecclesiastici, ne causas quas notum est purè esse Ecclesiasticas in foro discindant Ec∣clesiastico, à domino Rege prohibentur. Vt per literas Regias inhibetur ne Iudex Ecclesi∣asticus iudicialitèr cognoscat vtrum Ecclesia vel Capella talis loci sit Capella Matricis Ec∣clesiae alicuius alterius loci, & vtrum Decimae talis terrae ad hanc vel ad illam pertineant Ec∣clesiam, eò quòd si Actor in huiusmodi causâ euincat possessionem, Ecclesiae Rei contingeret

imminui ac per consequens, vt aiunt, ius Patro∣natus eiusdem Ecclesiae deteriorari, Ecclesiâ ad quam Patronus praesentabat effectâ minus pingui. Accideret namque ratione consimili, omnem causam super possessionem vel quasi possessionē Ecclesiasticam inter duos Rectores duarum Ecclesiarum diuersorum Patronatu∣um emergentem, ne ventilaretur coram iudi∣cibus Ecclesiasticis a domino Rege debere prohiberi; eo quod Actore in huiusmodi causa euincente, cōtinget semper Ecclesiam Rei im∣minui ac per hoc, secundum quod dicunt, Pa∣tronatum eiusdem deteriorari. Consequetur autem & sic quod huiusmodi causae Eccle∣siasticae nunquam discindentur. A seculari enim iudice discindi non poterunt, neque ab Ecclesiastico iudice, obstante Regiâ prohibi∣tione. Fortè autem nec consequitur quod in huiusmodi casu, euincente actore, imminue∣tur Patronatus alterius Ecclesiae. Non enim minus est Patronus qui minoris Ecclesiae est Patronus, sed nec minùs est pater qui minoris hominis est pater. Patronatus enim seu ius Patronatus non intenditur vel remittitur ex maioritate vel minoritate rei cuius est Patro∣natus. Praetereà sed tubera & ea quae contra naturam excrescunt in carne hominis non au∣gent ipsum hominem, & medicinalis abscissio innaturalium huiusmodi excrementorum ip∣sum hominem non imminuit sed potius pul∣crificat

& sanat. Ita iniustè possessiones & quasi possessiones Ecclesias ipsas non augent sed deturpant, & earum abscissio per iustum iudicium non est Ecclesiarum imminutio, sed potius pulcrificatio quaedam & sanatio; vnde & Patronatus seu ius Patronatus per huius∣modi abscissionem nullo modo potest immi∣nui vel deteriorari, sed multò ampliùs emen∣dari.

I faithfully relate it, and censure not the Arguments. You may doe that, Reader, while you smile at the Magis and Minus in it. But also, although the Indicauit prohibited the Spirituall Court, yet it seemes the Temporall, before the Statute of Westminster 2. and after the time of Henry the second, or thereabouts, held no Plea of right of Aduowson of Tithes, except only vpon Inquest taken by consent of both Pa∣trons. something, as you see, might be tried in it. May we not conclude then, that the same Statut, in those words, Habeat Patronus Rectoris sic im∣pediti breue ad petendum Aduocationem Decima∣rum petitarum, was the first Autor (at least after the change about the time of Henrie the second) of the Writ of Right of Aduowson of Tithes? Which also is well iustified by the pleading of the Abbot of Selbies case, within six yeeres after the Statute, wherein the parties (according to the fashion of argument in pleading of that time) agree, o 2.721 Quod breue de quarta parte De∣cimarum primo locum habere caepit à tempore Sta∣tuti

Regis nunc apud Westmonasterium inde editi &c. Neither rests any scruple, touching the fourth part, why the Prohibition in the Indica∣uit and the Writ of Right, should bee of the fourth part only, or of a greater, although the Statute of Westminster 2. speak of no certaine part. For, that of Circumspectè agatis ordaines, That no Prohibition or Indicauit should lye, where the part controuerted is lesse then a fourth (it being before grantable vpon such suit for a sixt part, by Bracton's opinion; and it seems in∣deed, vpon suit for any part) and the Statute of Westminster the 2. giues the Writ of Right only where the Indicauit is first sued. And for this matter of Indicauit (which concernes properly suit between Rector and Rector, not between the Rector and the Parishioner) take as a note by the way the aduice of the Bishops among themselues in 41. Hen. 3. against the Temporall Courts. In the Annales of Burton it is extant, & thus speaks. Concilium Archiepiscopi & omnium Episcoporum super Articulis propositis apud London. Petit per∣sona Ecclesiastica Decimas coram Iudice Ecclesi∣astico. Iudicanti & petenti porrigitur Regia Pro∣hibitio nomine Patroni Ecclesiae cuius Rector con∣uenitur, ne super Aduocatione seu Patronatu Ec∣clesiae Iudex ille cognoscat; si actor prosequatur & Iudicantis officium * 2.722 assumat, vterque attachiatur & attachiati veniunt Consilium tale est, quod si Iusticiarij causam Decimarum sub colore querelae

Aduocationis Ecclesiarum ad se trahere velint & de non prosequendo vlterius causam Decimarum in foro Ecclesiastico & Iudice siue a Parte securita∣tem exigunt, in nullo eis caueatur. Et si propter hoc aristentur, per loci Diocesanum requirantur siue per Episcopum proprium. Et si libere non tra∣dantur Ecclesiae, competenti monitione praemissa excommunicentur Iudicantes & detentores. Et si queratur a Iudice quota pars vel quanta petatur, non respondeatur. But this aduice of theirs was to litle purpose, nor durst they, questionlesse, haue put it in execution. The Statuts of West∣minster the 2. and Circumspectè agatis gaue them some remedie; whereof enough alreadie.

IV.

Of Writs of Scire facias, graunted to call men to answer in the Chancerie for Tithes, sufficient testimonie is in the Statute made for the Clergie in 18. Ed. 3. chap. 7. Item que per la ou briefs (so are the words) de Scire facias eient este grantez a garnir Prelates, Religieuses, & au∣tres Clerks a respondre des Dismes en nostre Chan∣cellarie & a monstre s'ils eient riens pur eux ou sa∣chent riens dire pur quoy tielx Dismes a les de∣mandants ne deuient estre restituees & a responder auxibien a nou•• come a la partie de tielx Dismes &c. By this it appeares, that some vse was to graunt such Writs for Tithes. Whence also Fitzherbert well inferres, that the right of Tithes was determinable in the Kings Court. But wee haue not in our Yeere-Bookes any case

of further declaration of that vse before the Sta∣tute. But out of good ground you may conie∣cture, that in these Three speciall cases, Writs of Scire facias were grantable anciently for Tithes, and that in those times, before the Statut; either vpon the title of the demandant, first found by Inquest, to the Tithes, or returnd by the Shirife; or out of Fines, it seemes, leuied of Tithes; or vpon Patents of Tithes legally graunted by the King, when, against the Grant, any Clergie man by the Canon Law took them from the Patentee. Of all these, there is faire proof enough. But the third (it seems) hath principall reference to that Statute, as shall anon be shewed. For the course of taking an Inquest by commission, which being returnd, might be sufficient ground for a Scire facias, it appeares in Escaet. 8. Ed. 1. numer. 67. that a commission was sent to Adam of Euering∣ham, Steward of the Forest of Shirewood, to en∣quire by Oath of the Foresters and Verderors, whether the Priors of Lenton had vsed to haue all Tithes of the Kings Venison, taken in the Countie of Notingham, which they claimed per Cartas quorundam praedecessorum &c. And in the Inquisition returned, it is found, that they had vsed to haue it, and that first by the Grant of p 2.723 King Iohn. And in the same bundell, num. 72. a Commission is to Nicholas of Stapleton, commanding him to enquire, whether the Prior of Wyrkesep ought to haue the Tithes of all pro∣fits

of the Mannor of Gringeley; Nobis super iure Prioris in hac parte & facto contrario (that is, the subtraction of them by Henrie de Aleman∣nia, against whom the Prior complaind) certio∣rari volentibus &c. Whereupon the Commissi∣oner returnes, that the Priorie had right by pre∣scription, and that Henry de Alemannia had sub∣tracted them. What could be more proper, then to haue a Scire facias vpon the Inquisition, ac∣cording to the intent of that preample of 18. Ed. 3. in which Scire facias, the right might be tried between the parties, and so iudgement be giuen? To these may be added that in Inquis. ad quod damnum 8. Ed. 2. num. 79. Where, per Pe∣titionem q 2.724 in Consilio, the Abbesse of Godestow hath a Writ directed Custodi equitij sui de Wood∣stock &c. which relates that ex parte dilectae no∣bis in Christo Abbatissae de Godestow per petitio∣nem suam coram nobis in Consilio nostro exhibitam, nobis est ostensum quod cum per cartas r 2.725 progenito∣rum nostrorum quorundam Regum Angliae Conces∣sum sit ei, quod ipsam Decimam omnem in Manerio nostro de Wodestoke, & parco nostro ibidem per annum renouantium percipiat & habeat, praetextu cuius. the Abbesse and her Predecessors had enioied it, and that the Bailife kept from her the Tithe of the Colts, bred in the same Park; where∣fore it commands him to restore them if they be so due; which supposes, I think, that he should return an inquest or some discouerie of the truth

or falshood of the Plaintifes pretence, although indeed this example may serue also for that part of our diuision of this kind of proceeding which touches Patents. But to that Writ is annext the return, that is, the Bailifes acknowledgment in French of her right. his name is William Beaux∣amys. So in Escaet. 7. Ed. 3. num. 83. a Com∣mission is sent out to enquire of the right of the Tithes of the Demesnes of the Kings Castle of Tikhull, which the Prior of S. Oswald claimed. the enquest was taken of it at Le Faure Okes, in the confines of Yorkeshire and Nothingham. and in it the particulars of the right are returned. and what should want, that vpon such returns, writs of Scire facias might not haue been granted. we omit that before cited out of the Parlament Rols of 18. Ed. 1.s 2.726 And light also to this practice in the temporall Courts of that elder time, may be had from other Cōmissions or Processe in the Rolls; as from that sent by Henrie the third into Ire∣land, to the Archbishop of Cassile, the Bishop of Ferne, and the Bishop of Lismore, commanding them, that, taking with them Ieffrey de Marisco then Iustice (or Lord Deputie) of Ireland, or some other whom hee should appoint, they should enquire by the Othes of both Lay and Clergie men, whether Bartholmew de Camera Parson of the Chappell of Limeric, or William of Caerdiff Treasurer there, had seisin of the Tithes, De Piscaria & Molendinis de Limeric,

tempore Ioannis Regis Patris nostri ante guerram motam inter ipsum & Barones &c. But it may be also that these Enquests or Returns made of the Title to Tithes by the Shrife, were only in case where the Tithes increased out of the Kings Demesnes, or perhaps immediat Tenancies. The examples seem not to go further▪ and in t 2.727 6. Ed. 1. a Petition was exhibited in Parlament by one Piers a Chaplain of the Earle of Sauoy, against the Prior and Couent of Lewes, for a Tithe gi∣uen him by the Prior and Couent in the Parish of Westun, in the Diocese of Ely, whereof ano∣ther grant had been afterward made by them to one Richard de Meuton; and Piers beseeches the King to send his writ to the Shrife of Cambridge, to put him in possession; but this answer is indor∣sed. Rex non intromittit se de hijs quae talitèr spe∣ctant ad forum Ecclesiasticum; sed prosequatur Ius suum versus Clericum qui tenet Ecclesiam, co∣ram Ordinario. Here was an expresse exclusion of the Temporall iurisdiction in such a case, where an originall Writ or Commission was commanded to setle or inquire of the right of Tithes, that toucht only common persons. But wheneuer through such means the title appeared vpon record, I vnderstand not why a Scire facias might not aswell be issuable (although I haue not met with an expresse example of that kind) as in the last course that is vpon the title appea∣ring in Patents of the King or his Ancestors.

V.

For that second ground of Writs of Sci∣re facias, which we suppose to be Fines, leuied of Tithes; why was it not as likely that vpon such Fines leuied, Writs of Scire facias should lie as vpon any others of Lands or Rents. and that Fines of the right of Tithes were in the Kings Courts anciently leuied, is manifest: not as I re∣member vpon Writs of Couenant, which yet may (for aught I know) at this day be brought, in the temporall Court, for spirituall u 2.728 Tithes, in regard no Tithes but damages are only to be re∣couered; but chiefly in Writs of Right of Ad∣uowson. For example, In Fin. Trinit. 10. R. Io∣hannis Wilt. apud Windlesore coram ipso Rege, Simone de Pateshulle, Iacobo de Poterna, Hen∣rico de Audemero Iusticiarijs & alijs Domini Regis fidelibus tunc ibidem praesentibus. vpon a Writ of right of Aduowson brought by Asceli∣na Abbesse of Wilton, against Henrie of Abeny for the Patronage of the Chappell of the greater Wicheford, the concord is, that the Abbesse grants it to him in Fee, sauing a pension of two shillings yeerly to the Church of Neweton, being a Prebend of Wilton.

Et pro hac recognitio∣ne & quieta clamatione & fine & concordia idem Henricus remisit & quietum clamauit de se, & haeredibus suis praedictae Abbatissae & Ecclesiae sanctae Edithae Virginis in Wilton, & eiusdem loci conuentui, all his right in certain Lands, & recognouit & concessit omnes De∣cimas

de Dominico suo in maiori Wicheford, esse pertinentes ad praedictam Ecclesiam de Neweton, quae est Praebenda de Wilton sicut eas habere solet, excepta Decima bladi pro∣ueniente ex viginti acris terrae quas persona praedictae Capellae elegerit de Dominico ipsi∣us Henrici. quam Decimam persona per Hen∣ricum praedictum, vel haeredes suos ad praedi∣ctam Capellam de Wicheford praesentata, & admissa per visum personae quae praedictam Praebendam de Niweton habuit, vel per visum balliui eius debet recipere in autumno, sicut ab antiquo recipere consueuit.

The record is worthy of speciall obseruation. And in the Lei∣ger book of the Priorie of Merton in Surrey, a Fine is of Pasch. 12. R. Ioh. before the King and the same Iustices, between William de Cantelupo Defendant, and Walter Prior of Merton, vpon the right of Aduowson of the Church of Eyton, wherein it is agreed that the Chaplain of the demandants in Eyton, shal not take à parochianis eiusdem Ecclesiae nec in Decimis, nec in Oblationi∣bus, nec in Confessionibus &c. but leaue them all to the Parish Church of Eyton. and in this, some may, as in the other, note the pretended interest of the Patron, in disposition of any of the Reue∣nues of the Church. which anciently claimed, while Inuestitures continued, was not as yet o∣mitted in these Legall proceedings or instru∣ments, that is, Fines; which are of greatest curio∣sitie.

and according hereto is a Fine of 7. Rich. 1. leuied between the Prior of Stanes and Alice Hopton, of the Aduowson of the Church of Chek∣legh in Staffordshire, where Alice as Patronesse grants to the Priorie, among other things, Om∣nes Decimas villae de Northmankote in perpetuum quae est de eadem Parochia, that is of Cheklegh. and in the a 2.729 Chartularie of Gisburn, in a Fine of 23. Hen. 3. between Peeter de Bruis plaintif, and Iohn Prior of Gisburn (in the Prouince of York) defendant, In droit d'Aduowson, Peeter grants vt ius suum omnes Decimas superscriptas quas &c. The like also doth he in a Fine of 26. Hen. 3. there transcribed. and in 30. Hen. 3. also, of which more particular mention is before made.

VI.

But for Writs of Scire facias brought vpon the third ground, that is, in Case where the title appears vpon record in Patents made of the Tithes from the King or his Predecessors; take this speciall example of 17. Ed. 3. A Writ was directed to the Shrife b 2.730 of Essex, relating that Maude, Quondam Regina Angliae, granted to the Deane and Canons of the Kings free-Chappell of S. Martins in London, the Chur∣ches of Witteham and Chersinges, Cum Capellis & Decimis &c. and that they were thereof and of the Tithes of Witteham and Cheresinges, seised till 16. Ed. 2. and that since the Abbot of Saint Iohns of Colchester took from them two parts of the Tithes &c.

Et quia nos omnia & singula

iura liberae Capellae nostrae supradictae manu∣tenere volumus & tenemur, & ea quae substra∣cta fuerint siue iniustè occupata reuocare, tibi praecipimus quod scire facias nunc Abbati quod sit in Cancellaria nostra in quindenam S. Iohannis Baptistae prox. futurum vbicun{que} tunc fuerit ad respondendum tam nobis quam praefatis Decano & Capitulo de vsurpationi∣bus, occupatione, & detentione dictarum dua∣rum partium decimarum praedictarum & ad ostendendum si quid pro se habeat vel dicere sciat quare dictae duae partes Decimarum ea∣rundem eisdem Decano & Capitulo adiudi∣cari non debeant, & ad faciendum & ad reci∣piendum vlteriùs quod curia nostra conside∣rauerit &c. teste &c. apud Westmonast. 17. Iunij anno regni nostri 17. Per Regem & Con∣silium.

This Writ was returnd with Scire fe∣ci by H. Garnet Shrife of Essex, and by consent of the parties it is referd to Mihelmas Terme following In Statu pro nunc. the Writ is both in part 1. and 3. of that yeer, but to that in part 3. which is of Trinitie Terme, a Plea of the Ab∣bots is annext in these words.

Et praedictus Abbas per atturnatum suum dicit quod prae∣dicti Decanus & Capitulum per breue suum non supponunt quod Ecclesiae de Witteham & Cheresinges sunt de fundatione dictae liberae Capellae Domini Regis, sed quod illas Eccle∣sias tenent de dono Matildae quondam Regi∣nae

Angliae post fundationem dictae liberae Ca∣pellae, & dicit quod tempore doni, praedi∣ctae Ecclesiae fuerunt in iurisdictione ordina∣riâ videlicet Episcopi London. & continuè post donum hucusque fuerunt & ad huc sunt in praesenti in iurisdictione ordinaria. Et dicit quod praedictae Ecclesiae fuerunt visitabiles & visitatae per Episcopos London. in visitationi∣bus suis à tempore à quo memoria non extat. & praedicti Decanus & Capitulum per breue suum petunt decimas quas supponunt esse par∣cellam earum Ecclesiarum quae sunt in iuris∣dictione Ordinaria in forma praedicta, & sic Decimae illae sunt merè spiritualia & non pla∣citabilia nisi in curia Christianitatis; per quod non intendit quod Curia ista in hoc casu cog∣nitionem habere debeat.

Here it appeares, that the Counsell of the Abbot of Colchester De∣fendant, supposed that the conisans of the Tithes was spirituall only, vnlesse they were originally part of the Kings free Chappell. how the Case was determined, appears not. But in the next Parlament following was a Petition exhibited by the Clergie in those words before cited §. IV. complayning of the granting of such Writs of Scire facias, and vpon that Petition the King answered, Que tielx breifs desore nauant ne soient grantes, & que les Proces pendant sur tielx breifs soient anentes & que les parties soient dismisses de∣uant secular Iudges de tielx manner de Plees salue

a nous nostre droit tiel come nous & nostre ancestors auoient ewe & soloient auer de reson. I think we need not doubt but that this very Case of the Abbot of Colchester was no small cause of that Petition of the Clergie. and you see mention is, in the answer, of some Writs hanging, whereof this is most likely to haue been one. But howe∣uer the Petition was answered, and although out of this Petition and answere that Act of 18. Ed. 3. hath been receiud among our Statuts, and commonly goes for one, yet might it de∣serue further consideration then I will here seem to take of it. only I admonish that within foure yeers after, a Scire facias was b 2.731 brought by a Patentee of Tithes in the Forest of Inglewood, and that against a Prior being Pernor of them; and by iudgement the Writ was allowd without mention or the least regard had of that Act. why that was so, or what force the Act hath, let others examin; I purposely abstain.

VII.

But for Processe of bare command of payment of Tithes, or the like; when the title was by Patent cleerly supposed true, the Shrife or other Officer was sometimes commanded by Writ to take order that the demandant might enioy his Tithes. As in Claus. 7. Hen. 3. part. 1. membran. 6. the King directs his Writ to Brian de Insula Keeper of the Forest of Shire∣wood, telling him, that pro salute animae Do∣mini Ioannis Regis patris nostri concessimus Mo∣nachis

de Basingwere, quod percipiant hac vi∣ce vsque ad Festum S. Michaelis Anno reg∣ni nostri VII. Decimas de bladis seminatis in defenso nostro inter Blakebroc & Glossop, & ideo vobis mandamus quod ipsos Monachos hac vice sine impedimento permittatis Decimas prae∣dictas percipere. T. &c. And such more som∣times occurre. But this, and the most of that age that are of this matter, indeed appeare to haue bin of Tithes in a Forest also, as that of 22. Ed. 3. is in the Booke of Assises (which happe∣ned after the Statute of 18. Ed. 3.) and you may remember those before cited out of 6. Ed. 1. and 18. Ed. 1. in Chapter XI. §. III. and the ex∣ample of 8. Ed. 2. before rememberd touching Woodstock Parke. So in Rot. Claus. 5. Hen. 3. part. 2. membr.. 14. the Bishop of Salisburie hath his fiftie shillings yeerely nomine Decimae, out of New-Forest (which c 2.732 Henrie the second had granted to his Church by the name of omnes Decimas de Noua Foresta &c.) and other like out of other, paid him by Writ to the Sherife; and in Rot. Pat. 11. Hen. 3. membrana 5. part. 1. Eustace Bishop of London hath the Tithe of the Kings Venison, taken in the Forest of Essex, (according to King d 2.733 Iohns Graunt) by Writ directed to the Foresters and Bailifes of that Countie. Neither would they (it seemes) in that age permit any suit for the Tenths of Venison or Beasts of the Forest in the Spirituall Court,

(although those Tenths were most commonly setled in one Church or another by Grant) as may be seen in e 2.734 Mich. 9. & 10. Hen. 3. Rot. 15. where Iohn Fitz-Robert, in an Attachment vpon a Prohibition against Philip of Ardern Clerk, in the pleading allows, that for Tithe of Hay and Mills, the prosecution in the Spiritu∣all Court was lawfull; but hee further sayes, that de Decima Bestia Forestae eum implacitauit contra prohibitionem &c. And herewith may be considered also the Kings f 2.735 command, sent to the Constable of Windsore Castle, that the Church of Saint Iohn in Windsore should haue Decimas Gardini Regis de Windleshores. But out of these all (as out of the examples before brought of Commissions to be returned) it may perhaps be collected, that only the Tithes of the Kings lands, or belonging to his Churches, were to be ordered or commanded to be paid by these kind of Processes. I confesse I haue not seene enough to perswade me otherwise, for the time after about King Iohn or his neere predecessors. Yet, that as I leaue the iudgement of all, which historically I relate to the able Reader, so I may not defraud him of what in any kind may giue light; here I offer him also this Writ of 24. Hen. 3. that seems to touch the temporall Courts determination of the right of such Tithes, as, for aught appears, belonged nei∣ther to the Kings Churches, nor were encrea∣sing

in his Demesnes or immediat Tenancies. Henricus Dei gratia Rex * 2.736 Angliae & Vicecomiti Hertford salutem. Licet aliàs tibi signifi•• auerimus quòd non permitteres Ecclesiam de Hamelamstede spoliari Decimis ad ipsam pertinentibus, & quod Ecclesiam ipsam manuteneres, & defenderes in eo statu in quo ••uit tempore Syluij quondam Rectoris eiusdem Ecclesiae, non tamen fuit intentionis nostrae quòd occasione illius praecepti aliqua alia Ecclesia Decimis suis spoliaretur. Et ide•• praecipimus quod occasone illius praecepti nullam violentiam inferas vel inferri permittas Monachis S. Albani super Decimis spectantibus ad Ecclesiam suam de Red∣burne quas per XX. annos hactenus pacifice pos∣siderunt. T. meipso apud Westm. 1. die Septem∣bris an. r. n. XXIV. And in like forme was a Writ sent to the Constable of Berkhamstede. But this kind of Processe, and all other such Writs of Scire facias, either vpon Commissi∣ons returned, Fines, or Patents, or otherwise, (for aught I could yet learne) haue long since ceased, by reason especially of that receiued Act of 18. Ed. 3. Neither since that one case of 22. Ed. 3 as I ghesse, hath any vse been of an origi∣nall suit for Tithes in the Temporall Courts, sauing only vpon Prohibitions and the Statutes of 32. Hen. 8. & 2. Ed. 6. I say, originall suit. for otherwise, the question of the right of Tithes, incident in an Issue at the Kings g 2.737 suit, hath since been triable in the Temporall Court; and

between h 2.738 common persons also; especially if the right of Tithes, vpon the Issue, were but in∣directly or inclusiuely in question. And although it were directly the very Issue, yet also it hath sometimes been tried in an Action of Trespas in the Kings Bench, as you may see in Mich. 12. Ed. 2. Rot. 66. betweene Philip de Say Parson of Hodenet in Shropshire, and Geffrey of Wol∣sele Parson of Chedleton, for Tithes in Mar∣chumle. But of these things hitherto; and enough.

The end of the Historie of Tithes.

Notes

• * 1.1

  Epist. ad Heb. 7.2
• a 1.2

  Arch••olog. α. cap. 1 α.
• b 1.3

  〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉
• c 1.4

  〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 ••l••••mosyn•• n. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 sapius 〈◊〉〈◊〉 in Alcora∣no, quod monuit 〈◊〉〈◊〉 ta•• humanitate quam doctrina sin∣gulari Guil. Bed∣w••llus linguarum inpromis Orientali∣•••• call••••tisi••mu••. Vid•• Azoar. 22.34. & 92.
• d 1.5

  In Epist. ad E∣br••••s. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. 1 ••.
• e 1.6

  Histor. 1.
• f 1.7

  In Epist. ad E••••∣grium, t••m. ••.
• g 1.8

  Philostrat▪ in vit. S••phist in Nic••te. Vnde emendes o∣po••te•• depraua∣tos Su••dae Copices in 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• h 1.9

  Vlpian▪ ff. de a∣ctionib▪ e••pt. & vendit. l. 17. §. 6.
• i 1.10

  Vett. Glossa v••rb. Iuris in 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• i 1.11

  Glossar. vet••. Graecelat. edit. ab H. Stephan••.
• l 1.12

  Genes. 28.22.
• m 1.13

  Ios. Arch••••log. ••. c. 1 θ.
• n 1.14

  Exod. c. 13.1.
• o 1.15

  Origen. lib. 1. in Iob.
• p 1.16

  In Epist. ad E••agrium.
• q 1.17

  Gen. c. 32.54.
• a 1.18

  Tertull. lib ad∣uers. Iudaos. alij item 〈◊〉〈◊〉.
• b 1.19

  Gen 4.7.
• c 1.20

  Cyrill. aduers. Iulian. lib. 10.
• d 1.21

  Ita D. Chrysost. in Genes. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. in. D. Ambros. lib. 1. de Cain & Abel▪ cap. 7. & lib. 2. c. 6. vide Epist ad H••∣bra••s. cap. 11.4.
• e 1.22

  Archangel. in Dogmat. Cabalisti ••. 19.
• f 1.23

  Tertull. lib. de Har••s. id genus plurim•• habes a∣pud Epiphanium. Tom. 3. lib. 1. cap. 1. & Irenaeum lib. 1. cap. 10.
• g 1.24

  Clem. Alex. Stromat. 9.
• h 1.25

  In Pr••sat. ad 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• i 1.26

  Apoc. cap. 13.1••
• k 1.27

  Thomas El••ham Prior L••nt••n in Chr••nic. H••n. 5. in Biblioth. Bodleia∣na.
• l 1.28

  Hieron. Epist▪ ad Paulinum.
• m 1.29

  Bodin. Method. hist. cap. 7.
• n 1.30

  Exod. 23.19. Leuit. 23.10. Num. 15.20.
• o 1.31

  In Talmu••. in Seder Zeraim, Masse hotli Bice∣rim. atque inde re••centiores corum iurispe••iu.
• * 1.32

  Deut. ••8.4.
• * 1.33

  Salomon Iarchi ••d ••ict. locum. 〈…〉〈…〉▪ & D. ••ieronymus ad 〈◊〉〈◊〉. cap. 45. & Cas••••anus colla••. 21. 〈◊〉〈◊〉. 3.
• * 1.34

  Hanc loquendi ••rmulam habes ••pud D. Matthae∣••••, cap. 20.15.
• * 1.35

  Ezek. cap. 45.13.11.
• t 1.36

  Num. 18.21.
• u 1.37

  Iudaei passim, & Ioseph. Arch. lib. 4. cap 7. To ••it. cap. 1. con. m. 7.
• x 1.38

  Num. 18.28.
• y 1.39

  Epist. ad Fabi••∣lam, de veste Sa∣cerdotali.
• z 1.40

  Stat. 26. H••n. 8. cap. 3.
• a 1.41

  B••n-Maimon i•• Iad. Chazeka, part. 3. massec de Deci∣mi••. c. 8.
• b 1.42

  Deut. 14.23.
• c 1.43

  Iarchi ad eund. lotum.
• * 1.44

  ••••ephus lib. 41. Arch. cap. 7.
• e 1.45

  Tobit. 1.7.
• f 1.46

  Archaol. 4. c. 7.
• g 1.47

  D••atrib de de••i∣mu Iudaorum.
• h 1.48

  Mos. Miko••zi in Mitzu••th, c. 135. ••en K••ttun. pr••c. 473. alij.
• i 1.49

  In Misnah Torah part. 3. de decima secunda, cap. 1.
• k 1.50

  Deut. 26.12.
• l 1.51

  Xenoph. hist. Graec▪ α.
• m 1.52

  Salomon Iarchi ad dict. loc. Deut.
• n 1.53

  Exod. 13.••.
• o 1.54

  Leuit. 27.26. & 32.
• p 1.55

  Iarchi ad Leuit. cap. 27. & Rambam in Massech. depri∣mogenitis, c. 7.
• q 1.56

  2. Paralip. 31. Malach. 3. & Nehem. cap▪ 13.
• r 1.57

  Rambam de decimi••▪ cap. 9.
• s 1.58

  Ep ad Hebr▪ cap. 7.9.
• t 1.59

  Epiphan. lib. 1. har••s. 16. Vide, si placet, Casaub••••. aduers. Baron. pag. 63. & 64.
• u 1.60

  In serm, 103. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, tom. 6. pag. 897. & 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. in Epist. ad Philippenses. tom. 4. pag. 54. edi∣tione Sauiliana.
• x 1.61

  Exod. 30.12.
• y 1.62

  Luc. ••1.42. Matth 2••.23.
• z 1.63

  Deut. 16.12.
• a 1.64

  Ramb. part. 3. tract. de Th••ru∣m••th cap. 2 & Mikotzi in prae∣cept. 145.
• b 1.65

  Leuit. 19.9, & 10.
• c 1.66

  In lad Chaz••ka tract. de Therumah, c. 1. & Mik••tzi•••• Pracept. 133.
• * 1.67

  Rot. Cart 1. Reg. Io••. part. 1. minib. 28. Cart. 171.
• d 1.68

  〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. lib. α. cap. α.
• e 1.69

  Deut. 14.23. & cap. 16.
• f 1.70

  Inquast. Roma∣nis.
• g 1.71

  In Lucullo, alibi & D••odor. Sicul. Bibliothec. 5.
• h 1.72

  Apud Aur••l. Vi••t. in Orig. G••••. Rom.
• i 1.73

  De natura Deo∣rum lib. 3.
• k 1.74

  Plautus in Sticho.
• l 1.75

  In Tru••ulento.
• m 1.76

  In Apolog••tici cap. 39.
• n 1.77

  Anno ab V. C. 607.
• o 2.1

  I. Gruter. in In∣script. p▪ 96. & I••s. Scalig. in Catalect. v••t. lib. tit. 14. plura de hoc Epi∣grammate, quae adijci possent, hae••e ad••ectere intempestiuum esset.
• p 2.2

  Saepius apud Symmachum in E∣p••stolis.
• q 2.3

  Videsis Angel. Polit. Misc••ll. cap. 86
• r 2.4

  Plautus in M••∣stellaria act. ••.
• s 2.5

  Dionys. ••ali••ar∣nass. lib. 1. & Steph. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. in 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• t 2.6

  Plutarch. in Ca∣mill. L••u. lib. 5.
• u 2.7

  Vide Dionys. Halicarnass. lib. 6. & ••.
• x 2.8

  Catalect. V••t••. lib. 1. tit. 14.
• y 2.9

  ff. tit. de▪ Policit. l. 2. quis. §. 2.
• z 2.10

  C tii. de Sacra•• sanct. Eccles l 15. Si quis donauerit.
• a 2.11

  〈…〉〈…〉. opusc. aduers. Episcop. Laud••. na••s. c. 20.
• b 2.12

  Clem. Alex. Stromat. α.
• c 2.13

  Herodot. lib. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• d 2.14

  Trogus histor. 20
• e 2.15

  Herodot. lib. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉
• f 2.16

  Idem in Vrani••.
• g 2.17

  Xenophon Graec. hist. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. & in vita Ag••silat.
• h 2.18

  Callimach in hymn. ad Delum.
• i 2.19

  Herodot. lib. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• k 2.20

  Xenoph. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Cyr. ••.
• l 2.21

  Pausan. Elias. ••. & in 〈◊〉〈◊〉.
• m 2.22

  Aristot. in Oc∣c••n••••ile. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• n 2.23

  Herodot. lib. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• o 2.24

  Idem in M••lpo••.
• p 2.25

  Idem in Terp∣sich••r.
• q 2.26

  Xenoph. histor. Grac lib. 1. & vi∣desis M••ursi•••• Attic. l••ct. 5. c. 13.
• r 2.27

  Lucian. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• s 2.28

  Apud Harpo∣crationem in 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• t 2.29

  Suidas in 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• u 2.30

  Hesych. in 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 & Harpocration in 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• x 2.31

  In 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• y 2.32

  Thucydides lib. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, hoc est, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, inquit Scholiastes vetus.
• * 2.33

  L••••rt. de vit. Philos lib▪ 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• a 2.34

  Scholiast. in Aristoph. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• b 2.35

  Iustin. lib. 1••.
• c 2.36

  Plin. hist. 12. c. 14
• d 2.37

  C••lsus ap. Origi∣nem lib 2. Ar••••••n. de g••st. Alex. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Strabo lib. 1••. Herodot. lib. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• e 2.38

  Apud Aeliarum 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, lib. 4. cap. 53.
• f 2.39

  Act. cap 4 34▪
• g 2.40

  Homil. 11. in Acta.
• h 2.41

  Act. Apostol. cap. 11.29.
• i 2.42

  Epist. 1. ad Co∣rinth. cap. 16.2. vide O••kam in Oper 90 die••um, cap. 107.
• k 2.43

  Vide Synod. Gangr. Can. 66
• l 2.44

  Apolog••tic. cap. 39. & videsis c. 42.
• m 2.45

  Vrban. 1. in E∣pist. c. 12. q. 1▪ c. 16. Sed & vide Euseb▪ Eccles. hist. lib 9. cap. 9. Edict. Maxi∣mini, & lib. 10. cap. 5. Edict. Constant. & in lib. 2. de vita Constantini, c. 39▪
• n 2.46

  Cyprian. Epist. 27. & 34. & vide Epist. 36. editione Pa••nmeliana.
• * 2.47

  Papinian ss. de Occu••••on ••. 6 §. 1. & C. tit de ••portu∣••is & vide Glos∣••as Graec. 〈◊〉〈◊〉 in 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• p 2.48

  Concil. Chalced. A. D. 451▪ in lib. ••••. Samuelis & al. ••••ntra Iban. & vi∣desis ••om. 3. Co••∣cil fol. 23••. cap. 31. edit. Binij penul∣tima.
• p 2.49

  Epist. 266. edi••. Pammel.
• r 2.50

  De vnitate Ec∣clesiae▪ §, 2••.
• s 2.51

  Appian. lib. 1. &c.
• t 2.52

  C. tit de Metalla∣••iis l. 3. Cuncti. & ••in C. Theodos. lib. 10 ••it. 19. l. 10. & 11.
• u 2.53

  Amm. Marcel∣lin. lib. 27.
• x 2.54

  Tom. 6. edit. Sa∣uiliana, pag. 897. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 &c.
• y 2.55

  Homil. in Nu∣••er. cap. 18.
• a 2.56

  Clement. in Con∣••••it. Apostol. lib. 2. Cap. 25.
• b 2.57

  Synod 6. in Trul∣lo▪ cir••a a. d. 690. Ca••. 2.
• c 2.58

  Canon. Apost. cap. 3. & 4.
• d 2.59

  Baron. Annal. tom. 4. 〈◊〉〈◊〉. 382. pag. 399. & ••. 384. pag. 427. edit. Plantiniana.
• e 2.60

  C. 1••. q. 1. c. 15. hanc cons••etudi∣na••.
• f 2.61

  C. 16. q▪ 1. •• 68. quoni••m. vt genu••••nae D. Hieronym•• memini•• etiam Innocent. 3. in ext•• de his qu•• fiunt a Prael••tis. •• 7. cum. Apostolicae.
• g 2.62

  In Epist. ad Ne∣positnum ••e vita Clericorum.
• h 2.63

  ••. ad Tim. c 1 p. 6.••
• i 2.64

  Collat. Abbat. Theone, 21▪ cap. 1. & 2.
• k 2.65

  ••ugippius in v••∣ta S. Seuerini, cap. 17. & 18.
• * 2.66

  Matiscon. Conc••l. •• cap. 51
• m 2.67

  Vide cum in Epist. ad Philippe••s. & Sermonem 103. ••n cos. qui Cleri∣corum opulen∣tam inuiderunt, Tom. 6. Edit. Sa∣••••liana.
• n 2.68

  Arelat. 4 c. 9. & videsi•• c. 16. q. 1. c. 42.43. & 44▪
• o 2.69

  Anseg••sus C••pi∣tular lib. 2. c. 36. & vide lib. 2. cap. 15▪
• p 2.70

  Apud Molanum in SS. Belgii in 18. Octob.
• q 2.71

  Chronicon. Ca∣me••ac. & A••reb. lib. 1. c. 15.
• r 2.72

  Bonifac. Mogunt. Epist 151. Al••ae sunt ciusmo••i Do∣nationes Pipini Re∣gis & aliorum in Regesto Ms. Ec∣clesiae Vltraiect en∣sis, quod seruatur in Bibliotheca C••••toniana. & vide proximum caput de••a••re.
• s 2.73

  In Epist. ad E∣thelbald. R••g. M••r••. apud G. Malm••sb. lib. 1. cap. 4. quod t•••• de Carolo ist∣hoc ibi dicitur, in editis Bonifaci•• E∣pistolis deest.
• t 2.74

  Legend ••uch••rii apud Surium, tom. 1.30. Febr. & vide Gratian. c. 16. q. 1. post Canonem. 59. edit. Gregorian.
• u 2.75

  Tom 9 pag 111. & 138. ••dit. ••la••∣tini••na. ••ed v••roin hacre alij aliter. & qui curios••s hic esse velis▪ prae••. 〈◊〉〈◊〉 qua satis o••u••a••un••▪ ad∣••is. Adreualdi au∣toris v••tustiss l••b. 1. de miraculis S. Benedicti, c. 14.
• x 2.76

  Inter Ep••st. S. Boni••aci•• post. 78. x••de, si placet, E∣pist. 132 & Zacha¦riae PP. ad ••um E∣pist. 142.
• y 2.77

  A. D. 956.
• z 2.78

  C••nt. Madg••urg. 8. &c. V••teris hu∣iusce ae••i sermonis ignari hallucinati sunt▪ in ipsam Sy∣nodo ita legerant funda••as pecuni∣as Ecclesia••um Ecclesijs restitui∣mus. Et ita Codex vetutiss▪ Ms in Thesau••o illo Cotto∣niano, pecunias autem Decimas significasse opina∣bantur sedperperam & ridicul••. Pecu∣nia•• ibi praed a sunt.
• * 2.79

  Tom. 5. serm. ser. 2. post. Dom. 1. qua∣d••ag••ssima, & vide serm in Ascens. Domini.
• a 2.80

  In serm. de Temp. in tom. 10. est vero 219. edit. Antwerp. atque ipsissima huius vocabula haben¦tur in tractatu illo supposititio B. Augustino falso tributo, & de re∣ctitudine Catholica conuersationis▪ in∣scripto.
• b 2.81

  Cap. 3.10.
• c 2.82

  i. e. viuend•• g••nus.
• d 2.83

  Ad cap. 3. Ma∣lachia.
• e 2.84

  1. Tim. 5.17.
• f 2.85

  Hom 〈◊〉〈◊〉 epist. 1 ad Corinth. in cap. 16.
• g 2.86

  Videsis Lactan∣tium lib. de vero cultu cap. 18. & Tertull. de Corona Militis.
• h 2.87

  Abrah. Ben. ka••. ta••. pracept. 501.
• i 2.88

  Deut. cap. 18.1.
• k 2.89

  Ibid. cap. 23.18.
• l 2.90

  Origen. Iudai••. lib. 4. cap. 7.
• m 2.91

  Homil. 16. in E∣uang. & dist. 5. de Consecrat. c. 16.
• n 2.92

  M••tis••o••. 2. Cap. 5.
• o 2.93

  Tom. 2. Conc••∣lior. fol. 90.
• p 2.94

  Decret. part. 3. cap. 11••.
• q 2.95

  C. 12. ••. 2. & 25 &c.
• r 2.96

  C. 16. q 1. c. 45.
• s 2.97

  Decret. G••las••, cap. 20.
• t 2.98

  Ex Binio in tom. 2. Concil. alij, qui de hac re agunt.
• u 2.99

  Decret. lib. 3. cap. 202.
• x 2.100

  Concil. ••urel 1. cap 9.10. & 11.
• y 2.101

  C. ••0 q. 1 c. 7. de his.
• z 2.102

  Concil. Aurel. 3. cap. 5. & Aurel. 5. cap. 15.
• a 2.103

  Arelat. 1. cap. 11.
• b 2.104

  T••l••ta••. 9. cap. 6.
• c 2.105

  Synod Rom. sub Syluestro Papa cap. 4.
• d 2.106

  De••ret. lib. 3. cap. 136.
• e 2.107

  In Prologo••m. ad Tom. 1. Concil.
• f 2.108

  Part. 3. c. 174. Gar••••as apud Bi∣nium in Tom 2. Concil. ex eo alij.
• g 2.109

  Palladiu•• hist. Lausiaca in M••lan•• & in Concilio Sar∣di••ensi subscribit Osius ab Spania & Coltus ab Spa••ii••.
• h 2.110

  Ans••gisu•• Ca∣pitular lib. 1•• cap. 91 quod ipsum etiam habet Iuo part. 16. cap. 262.
• i 2.111

  Synod. Agath. c. 4. & 7. & ••8. Sy∣nod. Rom. 4. sub Symmacho PP. c. 4. & 6. edict. Leones. & Anthemii C. de Sacros. Eccles. L. 14 iubemus, &c. c. 10. q. 2. c. 2. Nouell. 120 & 131. Co••c. Pa∣ris. 1. cap. 1. Turo∣nens. 2. cap. 26. Bra∣carens. 2. cap. 2. Leg. Wis••gothorum lib. 5. &c.
• k 2.112

  Burchard lib. 3. cap 135. & Iuo part. 3. cap. 201.
• l 2.113

  Agobardu•• Lug∣dunensis de dispen∣satione &c. contra sacrileg••s, pag. 276. edit. Massoniana, Parisijs.
• m 2.114

  Bonifac. Arch. Mogunt. epist. 132. Zacharia•• PP. ibid. epist. 143. & Will••baldus in vita Bonifac. cap. 9. & 10.
• n 2.115

  Epist. 105. ad Cutbertum Arch. Cantuariensem. 〈◊〉〈◊〉 item E∣pistola 〈◊〉〈◊〉 videsis num. 107.
• o 2.116

  M••. in Bibli∣oth. Cotton.
• p 2.117

  Ph••t. Nomocan. tit. 5. & C. de Epis∣copis & Cleric. l. 39
• q 2.118

  Biblioth. Pa∣trum, tom. 4.
• r 2.119

  Fortè legen∣dum primitiarum & Decimarum.
• s 2.120

  Concil. 2. Braca∣rens. cap. 6. & vide Toletanum 9. cap. 1
• t 2.121

  Concil Aurelia∣nens. 1. cap. 13.
• * 2.122

  Aliter Eccle¦siastici. quod vid•• prox. §.
• a 2.123

  Concil. M••g. 16. q. 1. c. 42. Metens. circae ann. 890. cap. 2. M••g▪ circa a d▪ 846 Benedictus L••∣uita lib. 5. c. 46.
• b 2.124

  Leo 4. in c. 16. q. 1 de Monachis c. 45 &c. 56. & saepe in Capitularibus.
• c 2.125

  Leg. Lo••gobard. lib. 3. tit. 3. cap▪ 7. Hlothari•• Imp & in Addit. q. ad Ca∣pitular. cap 73.
• d 2.126

  Benedict Leui∣tae, lib. 7. c. 141.
• e 2.127

  Synod. T••cin••ns· c 16 q. 1. ••. in s••cri•• Canonibus 56.
• f 2.128

  Videsis, ante alia, diplomae ibid. dat▪ 2. I••do••i••i 1. Imperatoris. in quo, quae superio∣res concesserant, recensentur.
• g 2.129

  Diplomat. ••7. & 35 in Stemmat. ••otharingiae apud Francisc. de Rosicres
• h 2.130

  In placi••. de iu∣rat. & assis. apud Cicestr. 47. Hen. 3. R••t. 44.
• i 2.131

  Biblioth. Cl••••ia∣cens. pag. 265.
• k 2.132

  A. D. 948.
• l 2.133

  A. D. 1144.
• m 2.134

  Biblioth. Clu••i∣a••. pag. 1447.
• n 2.135

  Ex Tabular Mo∣nasterij a••ud Iae∣cob. irmondum in G. Vindoc••••ens. pag. 66.
• o 2.136

  Goffrid. Vindo∣ci••ens lib. 3. E∣p••st. 41.
• p 2.137

  Ita etiam Pe∣trus Cluniac. lib. 1. Epist. 33. & 36.
• q 2.138

  In Diplomat. Ludouici Crass•• a∣pud Andream Quercetan n No∣ti•• ad Petrum Abe∣lardum, pag. 1174.
• r 2.139

  Innocent. 3. E∣pist. Decretal. lib. 2. pag. 435. edit. Co∣loniensi.
• s 2.140

  Vide, si placet, Chartam Galfr••d•• Viceconitis Mo∣nasterio S. Dioni∣sij datam apud Andr. Qu••r••etan. in notis ad Bibl. Cluniac. pag. 14. Chartam W. Co∣mitis Niuern. apud eundem pag. 174. Adelardi Cast••i∣gunterij Dom. apud la••. Sirmondum in notis ad Goffr. Vindoc. pag. 95. Gottefredi Bullo••••i. apud Aubert. Mi∣raum in lib. de Canonicis Colle∣gijs c 91 Innoc. 3. Epist. Decret. l. lib. 1. pag▪ 160.
• t 2.141

  Cap. 11.
• u 2.142

  In serm. ••. de Dedication•• Templi pag. 83. Tom. 1. nec vigo••em e∣iusmodi donatio∣nes obt••nere san∣••••uit ille, extr. tit. de De•• c 7 cum. Apostolica.
• x 2.143

  Decr••ral. Epist. lib. 1 pag. 83.
• y 2.144

  Extr. de Paroch. cap. 5 si••nificauit.
• z 2.145

  B••nedict. Leui••a Capitular. lib. 5. cap▪ 46. Conc. Me∣gunt. c. 16 q. 7. c. 7. Leg••s Longobard. lib. 3. tit. 3 cap. 8.
• a 2.146

  Apud Fl••d••ar∣d••m in hist. Eccle∣sia Rhemensis, lib. 3. cap▪ 25.
• b 2.147

  Summa part. 3. qu••st. 51. memb. 6. art. 4.
• c 2.148

  Vide etiam quae in proxima secti∣one de Danis. Tu∣ringis, alijs item adferuntur.
• d 2.149

  Videsis Ana∣cl••••. & Steph. PP. in Epist. Decre••. Hin••mar. Rh••mens. in Opusc. 55. ca. 15 & Consulas in∣primis Iosephum Scaelig••rum in No∣t••tia Gallia, & in Epistolu pag. 247. editione Franco∣surtana. & Ph. Berterij, Diatri∣bas in Pithanon.
• e 2.150

  Concil. Sardic. cap. 6.
• f 2.151

  Neocasar. cap. 58. & vide Anti••∣chen. cap. 87. & 89.
• a 2.152

  Leg. Aleman. cap. 13.
• b 2.153

  Vide Concil. Gangr. Can. 67 & Chalced. Can. 204.
• c 2.154

  Vide Concil. Antioch. c. 103. & 104. & Vrban. c. 12 q. 2. c. 26.
• d 2.155

  Synod. Rom. sub PP. cap. 5. & Gela∣sis Decret. cap 27. atque hic diuisio∣nis modus in vsu erat vetustioribus istiusce aeui Chri∣stianis; quod in∣nuit Wala••ridus Strabo (qui floruit a.d. 840. lib de r••b. Ecclesiast. cap. 17. vide Grat. c. 12 q. 2. c. 26 & seqq.
• e 2.156

  Vide, si placet, Theodor. Balsamon. in 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 pag. 454. post Con. Carth. Can. 7. Iu∣sti••ian. Nouell. 15. & Capitular. Ka∣rol. & Iudonic. lib. 5. cap. 31. & lib. 7. cap. 508.
• f 2.157

  Concil. Aurel. 1. cap. 13. Toletan. 9. cap 6 Bratar. 2 ca. ••. & vide Anse is Capitul••r lib. 1. c. 87. & Addit ad Capitu••ar. 4▪ cap. 37 &c. 9. q. 3. c. 2. & seqq.
• g 2.158

  In Epist. Decr••∣tal. & in c. 13 q. 1. c. Ecclesia••.
• h 2.159

  Extr. de Offic. iud. cap 16. conque∣r••ute, & de prae∣script. c. 4. de quarta
• i 2.160

  Panormit ad tit. de Decim. c. 1. ••. 3.
• k 2.161

  Dist. 96. &c. 16 q. 7. passim.
• l 2.162

  Dist. cap. 26. pia m••••tis.
• m 2.163

  1. C. 10. q. 1. c. 15
• n 2.164

  Capitular. Kar••∣li & Ludouici lib. 7. c. 213.
• o 2.165

  Cicero in Orat. pre domo sua.
• d 2.166

  Vlpian. ff de rei vindicatione L. 540.
• q 2.167

  Anonym. in vita S. Vdal••ici cap. 7.
• r 2.168

  Iuo Carnotens. Epist. 41. & passim 〈◊〉〈◊〉.
• s 2.169

  Petru•• Dam••an. lib. 1 Epist. 13. ad A••exandr. 2.
• t 2.170

  Benedict. Le••••t. lib. 5. cap. 83. & Addit. 4 c. 37. & Sy¦nod. Rom. c. 16. ••. 7. c. 33. Monast••rium.
• u 2.171

  Concil. Chalc••d. •• Can. 114 & dist. 70. vide si place••▪ extr. de prebend. cap 16▪ cum secundum.
• x 2.172

  Ordo Romanus de Diuinis Off••c••is.
• y 2.173

  Videsis Duaeri∣num de sacris Eccl. Ministerii•• lib. 1. cap. 16.
• z 2.174

  Leuita lib. 5. cap. 108.
• a 2.175

  Vide ••undem, lib. 6. cap. 197. & lib. 7. cap. 173.
• b 2.176

  Vide ••undem, lib. 5. cap. 26.43. & 82.
• c 2.177

  Addita ad Ca∣pitul. cap. 25. & Concil. Lateran. sub. Alex. 3. Can. 17. & vide▪ Ap∣pend. addict. Con∣cil. part. 15. cap. 7.
• d 2.178

  Vide extr. tit. de Prabend. c. 30. ex••irpand••. & de iur•• patron. c. 23. pr••ter••a. & lib. 6. tit. de Pr••bi••di••, cap. 1▪ suscepti & le Code des De∣cis. Fortens. Decis. 15. lib, 1. tit. 10.
• e 2.179

  Chro••i••. Richer∣sperg. pag. 176. & 204.
• f 2.180

  Vide Synod. v••∣••ust. sub Ioann. 9. An. D. 904. vt omnis decimatio &c. & Synod. Au∣gusta••am, an. 952. &c.
• g 2.181

  Vide Concil. Gangr. cap. 7. & 8. & ad ea Z••nara••.
• h 2.182

  ••xtr. de Pr••∣script. ••. 4. de quarta.
• i 2.183

  Vide 19. Ed. 3. tit. Quare impedit, 60.
• k 2.184

  Vide I. F••rhault de priuil••g. Regni Fran••••a, prin. 8. & R••buff. praz. B••∣n••fici••rum, cap. •••• Reseruationibu••, & Seru•••• en ••. Vol. des playdoiez en l'arrest touchant la Chappelle S. Nicholas en l'Es∣glise S. Brice de Colchi, Diocese de Noyon, p. 209. & Vol. 1. p••g. 298. & Petr. Gregor. in Synteg••••. iuris v••i∣••ersi, lib. 17. c. 7. & 8. & Pasquier. Re••••rch liu▪ 3. c. 31. & 32.
• l 2.185

  Actio 10 Ca••▪ 22. A D. 871.
• m 2.186

  Ext••t in Ro∣ma••ae e••li••••oni••▪ tom. 4. 〈◊〉〈◊〉 & Ilud sub Jnno••••n•• 2. ce∣leb••atum▪ & in Vaticana s••ruan∣tur Mss. iam veró etiam in nupera B••••ti editione re∣periuntur.
• n 2.187

  Habentur apud Gratianum dist. 63. &· c. 16. q. 7.
• o 2.188

  Dist. 70 ••. 1. & 2.
• o 2.189

  Vide Goffrid. Vindoc••nens. lib. 3. epist. 11. & Iuonem Carnot. Epist. 235.238, & 239.
• p 2.190

  Concil General. sub Al••x. 3. cap. 9. & 〈…〉〈…〉 c 4 10, 1••. & tit. de 〈…〉〈…〉. & t••t. de Praeb••nd••. c. 31. in Lat••ran••n.
• p 2.191

  Ad hanc rem, vide c. 16. q. 2.1. & 6.
• r 2.192

  De N••g•••• Cu∣rialium, lib. 7. c. 17.
• s 2.193

  Ita etiam extr. tit. de Priuileg. c. 2. §. in Ecclesijs. Concil. General. A.D. 1215. cap. 61. extr. de Pro••. & dig••. c. 31. & Luc. 3 in App. ad Con∣cil. Lateran de 〈◊〉〈◊〉 D. 1180. tit. de iur•• Patronat. cap. 24. & Roger. Houed••n. in annal. ••ol. 460. ••·
• t 2.194

  Vide ••um ad ••i••. de Praeb. c. in Lat••rane••si 31. & tit. de Priuileg. c. 2 § in Ecclesijs editione Venet.
• u 2.195

  Constit. pro•• tit. de locato & condu∣ct••▪ cap. licet bona v••r•• asserunt ••on ligari.
• x 2.196

  In summ. tit. de Offic. Ordinarij, ••. sunt autem.
• * 2.197

  Ho••••iens. summ. tit. de ••••pell•••• M••∣nach § qu••a 〈◊〉〈◊〉, & 〈…〉〈…〉 Priuil••g § qu••d oper••t••r▪
• z 2.198

  Spec u••. tit. a••ca∣pell•• Monach. §. 2.
• a 2.199

  Vide Hosti••ns. summ. 〈◊〉〈◊〉. tit. §. quid ••it.
• b 2.200

  Ms. Reperitur in Vol. quo com∣pingitur Fride god{us} po••••a in Biblioth. Cottonian.
• c 2.201

  Amodaeus Co∣rne▪ ••••baudiae in 〈◊〉〈◊〉. Mo••ast. 〈◊〉〈◊〉 An. D. 1015. dat. extat in Biblioth. Cluni••c. pag 413.
• d 2.202

  Biblioth. Clu∣niac. p. 1430.1454·
• e 2.203

  Innocent. 3. in Epist▪ tom. 2. p. 435. alibi s••p••. & vide si placet, Chartam Abbati Verz••lia••. apud Andr••am Quercetan. in No∣tis ad Biblioth. Cluniac. pag. 133.
• f 2.204

  Apud A••bertum Miraum in Orig. Canob. cap. ••3. vbi & B. Jd•• diploma consulas.
• g 2.205

  Apud I. Dou∣zam. Annal. Holl. lib. 10.
• h 2.206

  Biblioth. Clu∣niac. pag. 265.
• i 2.207

  In App. ad Hist. Brom. pag. 114. & ••19.
• k 2.208

  Ba••dwin. Arch. Hamburg. An. D. 1174.
• l 2.209

  L••m••ert. Schass∣••••burg. pag. ••7.
• m 2.210

  K••antz. Wan∣dal. lib. ••. c. 38. & 39.
• n 2.211

  Vide Greg. 7. R••g••st. l••b. 2. ••pist. 77.
• o 2.212

  Extr. de De••. c. 13. quoniam.
• q 2.213

  Wandalio lib. 4. cap. 38. & 39.
• r 2.214

  An. D. 1078. Krantz. Dani•• 4. cap 37. & in prae••. ad Hist. Regni Norwag & Dan. lib. 6. cap. 50.
• * 2.215

  R••t. Parl. 50. Ed. 3. a••••. 94.
• s 2.216

  Petr. Cluni••••. lib. 1. epist. 28. circ. An. D. 1150. Vide, si placet, Ioa••••. Sarisbur. de Nugi•• Curialium▪ lib. 7. cap. 21.
• t 2.217

  Petr. Damian. lib. 2▪ epist. 14.
• u 2.218

  〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, i. aui••m 〈◊〉〈◊〉 Galli∣narum.
• x 2.219

  〈◊〉〈◊〉. Schaff¦naburg▪ in Annal. pag. 466. edit. Ar∣g••nt••rat. Videsis etiam Francisci Monaldi consilium de iur••▪ Abb••tiae S. Mari•• •• Carcer••bus in Dioec••si Pataui∣••a apud Ioh. Bap∣tist. C••sar part 1. consil. 46.
• y 2.220

  Vide Schaff∣naburg pag. 487.
• z 2.221

  Petr. Damian. lib. 1. epist. 10. & lib. 4. epist. 12.
• a 2.222

  Vide Kr••ntz. Metropol. l••b. 4. c. 2 Vbi ••d morem Mandrabu••••, con∣iectura•• de hac re¦in••••eliciter ad••••it.
• b 2.223

  Vide, cum his quae supra adno∣ta••imus, Flodoard. hist. ••h••mens. Ec∣cles. lib. 2. cap. 12. etiam in Ecclesia O••ientali Mona∣sterijs sacris Laici saepe vsi 〈◊〉〈◊〉 sunt. constat in 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. 〈◊〉〈◊〉 Patriarchae Con∣stantinop. edit. in comm••nt. Zonara, & in Cano••. 13. Sy∣nod, O••cum••nica 7.
• c 2.224

  En les r••cerches de la Franc••, liu. 3. chap. 35.
• d 2.225

  C. 1. q. 3. c. 4. quasitum▪
• e 2.226

  Lib. 4. Epist. 12.
• f 2.227

  6. Decretal. tit. de Dec. c. 2. §. san••.
• g 2.228

  Extr. tit. de De••. c. 19▪ prohibemus.
• h 2.229

  Neque aliter sa•••• intelligunt vetustiores illi iuris interpretes Innocent. 4. Ho∣st••e••sis. Bernardus. & vide H••nricum Bow••i•• ad tit. de Dec. c. quamuis.
• i 2.230

  Apud 〈◊〉〈◊〉. D••u∣zam. in Annal. Holland. lib. 5.
• k 2.231

  Videsis Krantz. Metropol. lib, 1 c. 2
• l 2.232

  S••bassnaburg. An D▪ 10••3. & Krantz l••b. 4. Wandaliae. cap 37.
• m 2.233

  6. lib tit de Dec. c. 2▪ § san••.
• n 2.234

  Innoc••••t 3. epist. lib▪ 2 p. ••47. & vi••e ib. p 48••. Edit. Colon••ensi.
• o 2.235

  Krantz. Wan∣dali••, lib. 4. cap. 38. & 39.
• p 2.236

  App••nd. ad hist. ••ramens. p. 134.
• q 2.237

  Vide extr. de Dec. c. 17.
• r 2.238

  Wandali•• lib. 4. cap. 38.
• s 2.239

  Ms. lib 2. de 〈◊〉〈◊〉 temptu mundi. in Bibl••oth. Cotton.
• a 2.240

  Videsis ••. 16▪ ••. 1. c. 46. & notas ed••tioni Greg••riana adiectas.
• b 2.241

  Extr. tit. de dec. ••▪ no••u•• g••nu••, & App. Concil. Late∣ran. part. 13. cap. 16
• c 2.242

  Chronic. O••d. Praemonstrat.
• d 2.243

  Extr. de dec. c. 10 ex parte vide 〈◊〉〈◊〉▪ Sar••••••••riens. de N••g. Curialium lib. 7. cap 21. & Append. ad Concil. Lateran part. 13. cap. 3. & 10. & part. 41. cap. 4.
• e 2.244

  Videsis Alex. 4. in 6 de dec c. 2. statuto. & Inno••ent. ••. tom 2. p 410. 〈◊〉〈◊〉. Coloniensi.
• f 2.245

  Petr. 〈◊〉〈◊〉. Epist. 8••. apud ••ochell. in Decre••. Eccles. Gallicaen. lib. 6. cap. 19.
• g 2.246

  Extr. de dec. ••. 34. Nuper Abbate••.
• h 2.247

  Videsis Ioan••. Sari••••ur. de Nug•• Curialiu••, lib. 7. cap. 21.
• i 2.248

  Le 〈◊〉〈◊〉 Aduo∣ca•• ••n la dicte ceur. 〈◊〉〈◊〉▪ 7.
• k 2.249

  Vide Innocent. 〈…〉〈…〉 2. pag. 139. 〈…〉〈…〉 ad 〈◊〉〈◊〉 Later. 〈…〉〈…〉. 13. cap. 2. & seqq.
• * 2.250

  Vt in Concil. M••gunt. a. d. 846. & a d▪ 887.
• m 2.251

  Benedict. Leuit. lib. 5. cap 9.
• n 2.252

  Vide Co••cil. 〈…〉〈…〉. lib. 1. cap. 11 & seqq ••om. 3. edit penult▪ ••in▪ pag. 586.
• n 2.253

  C. 16 q. 7. c. 6.
• o 2.254

  Leuit. lib. 7. cap. 152.
• p 2.255

  Concil. Ti••in. quod Regiaticini•• d••ci••ur, sub L••o••. ••.
• q 2.256

  Agrippin▪ ••pud Burchard. lib 3. cap. 135.
• r 2.257

  ••quisgran. sub Steph. 5. c. 116. extr. de dec. c 26. Na••n••tens. syn. c. 10.
• s 2.258

  Extr. de d••••. c. 14. & 15.
• t 2.259

  Eod. c. 23 ex transmissa & c 26. tua nobi••.
• u 2.260

  Cap. 54. & extr. de dec. c. 33. ••um non sit.
• x 2.261

  Berno ••bbat in vita ••. 〈◊〉〈◊〉 cap. 10.
• y 2.262

  Lib. 19. de Poe∣nitenti••. & in Paenitential. Ro∣man. tit. 8. cap. 17. idem habetur.
• z 2.263

  Calestin. 3▪ extr. de dec. c. 22. non est. & 23. ex transmissa
• a 2.264

  Rodulphus Gla∣••••r hist. ••. c. 11.
• b 2.265

  Leo 4 in c. 16. q. 1. c. 45. &c.
• c 2.266

  Epist. 207. asti∣pulatur, c. 16▪ q. 1. c. 68. qui canon falso ad D. Hie∣ronymum refer∣tur & Concil. Cla∣rim••nt, An▪ Do. 1095. c. 1. q. 3. c. 4. &c. 16 q. 7 c. 2.
• d 2.267

  In Bibliothec. Cottoni••n•• •••• vbi Codex editus ha∣bet Ecclesiastica.
• e 2.268

  Vrban 2 c. 16. q. 7. c. 39.
• * 2.269

  C. 16. q. 1. c. 56.
• g 2.270

  Pet Cl••niac. lib. 1 epist. 33▪ ad Innocent. 2. & Pe∣trus Bl••s epist. 82. apud Bochel Ec∣cles. Gall Decret. lib. 6. cap. 19.
• h 2.271

  De nugis Curia∣lium, lib. 7. cap. 21.
• i 2.272

  Lib. 4. epist. 12. Vide etiam Bul∣lam Vrbani 3. in Biblioth. Ci••••iac. An. D. 1185.
• k 2.273

  Extr. de dec. c. 15. ad ba••. & vide App. ad Concil. Lateran. part. 4. cap. 1.
• l 2.274

  Vide, si placet, 44. Ed. 3. sol. 5. & 44. Assis. pl. 25.
• m 2.275

  Constit Karcli edit. a Vito A∣m••rb••chio, cap 7. Leg Longohard. lib 3 tit 3. cap. 1. Capitular, lib. 5. cap. 123.
• n 2.276

  Hist. Sc••torum. lib. 9. cautē de Congallo Bucha∣nanus, lib. 5. Sa∣cerdotes, inquit▪ praedijs alijsque prouentibus dita∣uit. Tò Decimis adijcer•• vir doctis∣simus non ausus est.
• o 2.277

  A••segis. Capi∣tular. lib. 1. c. 155. &c.
• p 2.278

  Benedict. Leuit. lib. 5. cap. 46.
• q 2.279

  Vide Baronium 〈◊〉〈◊〉 9.10. An. D••. 8••5 & 〈…〉〈…〉 lib 3. Io••an. PP. 8. 〈◊〉〈◊〉. ••1. 2••••. 45. 262.293.
• r 2.280

  Ansegis. lib 1. cap. 163. lib 2. cap. 2. Leuit. lib. 5. cap. 145. Concil. Turon. 3 cap. 46. Meldens An. D••. 845. cap 62. Flo∣doard. hist. Rhemens. Eccles. lib 3 cap. 4. Vide & Goldast: constit. Imp▪ tom▪ 3. pag. 648. & quae a••iecta sunt C. 16. q. 1. c. 59. edit. Greg.
• s 2.281

  Leg. Bai••ario∣rum tit. 1. cap. 14. de Colonis & s••rius Ecclesia.
• t 2.282

  Hector. Bo••t. hist. Scot. lib. 10.
• u 2.283

  Idem lib. 12.
• x 2.284

  Sup. cap. 5.
• y 2.285

  A. D. 1059. in Synod. Rom &c. 16. q 2. c. 3.
• z 2.286

  Dist. 32. c. 6. praeter § d••iude.
• a 2.287

  C. 16. q. 1. c. 45.
• b 2.288

  C. 13. q. 1. & c. 16. q. 1. c. 41. & seqq. &c. 16. q. 7. passim
• c 2.289

  Vide prole∣gom. ad Corpus Iuris Canonici, auspic js Greg••rij 13. editū. & ••bb••∣tem Vsporgensem.
• d 2.290

  Regest l••b. 9. epist. 14.
• e 2.291

  Vide Marianam de reb. Hisp. lib. 9. •• cap. 11.
• f 2.292

  A. D. 1618.
• * 2.293

  Vide infr. c▪ 7. §. 1.
• g 2.294

  Cap. 53. & in extr. tit. de Dec. •• 33. cum non sit. & vid•• caput prox. §. 1.
• h 2.295

  Extr. de his qua f••a pral. sine as∣sens. capituli, c. 7. cum Apostolica.
• a 2.296

  Videsis, cap. 14. & 9. edit. Romana & extr. de Dec. c. 19. & de Preb. & d••g. cap. 31. in Latera••ens. tit. de ••ure patron. c. 17. nullus▪ & de his qua fiunt a pr••••. c. 7. cum Aposto∣lica.
• b 2.297

  Extr. de iure patr. c. 10.11.21. & de Instit. c. 3. ex frequantibus & Append. Concil. Lateran. part. 15. cap. 18.
• c 2.298

  C. 16. q. 1. c. 45. & 56.
• d 2.299

  Vide Innocent. 3 in extr. de his qua s••a pral c. 7.
• e 2.300

  Extr. de dec. in c. 29. cum cont••ng••••.
• f 2.301

  Ibid. c. 33. cum non sit..
• g 2.302

  Ibid c. 31. du∣dum aduersus.
• h 2.303

  C. 56. & extr. de ••actis c. 17. plerique & videsis Append. ad Concil Later. part. 13 cap. 6.
• i 2.304

  Tom 3. Epist. De∣cretal. lib. 2. p. 483.
• k 2.305

  C. 13. quast. 2. •• 6. vbicunque, in Concilio ipso, c. 15
• l 2.306

  Epist. Decretal. lib. 3. Ms in Bi∣blioth. Cottoni∣ana.
• m 2.307

  De Decima, c. cum sint.
• n 2.308

  Vide C. 16 qu▪ 1. cap 45. & 56.
• o 2.309

  Extr. tit. de dec. c. 4. commissum. & Append▪ ad Concil. Lateran. part. 13. cap. 12.
• p 2.310

  D••h•• qua f▪ ap••al. sine cons. c. 7. cum Apostolica
• q 2.311

  M••. in Biblioth. Cottoniana.
• r 2.312

  Apud Fox. in H••n. 4. pag. 494.
• * 2.313

  Extat i•• lib. 6. tit. de feb. Eccles. non ali••n. c. 2. hoc consultissimo.
• t 2.314

  In 6. t••t. de El••ctione, c. 13. in generali.
• * 2.315

  Sess. 25. de refor∣matione. cap. 1••.
• u 2.316

  Speculator lib. 4. part. 3. tit. de Deci∣mi••. Prosper Farni∣a••. Criminal. decis. Rota Rom. 291. ••. 13. alij passim.
• x 2.317

  ff. de condict. ex l••g. L. Vnic.
• y 2.318

  Ad tit. de Pa∣roch. & al▪ Paroch. 〈◊〉〈◊〉 figu••ficauit.
• z 2.319

  Panor••••it. & gl. ad•• tua nos, tit. de Decimis.
• a 2.320

  C. tit de Pra∣script. 30. vel 40. ann. l 6. comperit sed & vide ibid. Bald. Cyn. & Sa∣lic••tum.
• b 2.321

  Gl. & Panormi∣tan. ad c. in ali∣quibus extr. de De∣cimis, alij.
• c 2.322

  Petr. Rauenn. apud Maiorem in sent. 3. dist. 37. quast. 36.
• d 2.323

  Variar. resolut. lib. 1. cap. 17.
• e 2.324

  Ad 3. Sent. dist. 37 quast. 36.
• f 2.325

  Part. 3. q. 51. memb. 3.
• g 2.326

  2▪ 2. q. 87. art 1.
• h 2.327

  Epist. 1. ad Ca∣rinth. cap. 9.11.
• i 2.328

  Quodlibet 4. q 28.
• k 2.329

  Ad 2. ••. q. 87. art. 1.
• l 2.330

  Videsis I Maior. ad 4. se••t. dist. 15. quaest. 3.
• m 2.331

  Extr. de Pr••∣script. c. 6. ad au••es.
• n 2.332

  In Ms. lib. 5. in Bibliotheca Cottoniana.
• o 2.333

  L. putat eius a∣ctionem extinctam
• p 2.334

  Part. 3 q. 51. membr. 5.
• q 2.335

  Bellarm. etiam optim•• interpre∣tatur, lib. 1. de Cler▪ cap. 26.
• r 2.336

  Vide Henric. Bowhic in tit. de dec. c. peruenit.
• s 2.337

  Eurdi••. Theolog. lib. 1. part. 11. cap. 4.
• t 2.338

  Ockam. lib. 1. dialog. 3.
• u 2.339

  Raynutius apud Hosti••••sem in summ. tit de deci∣mis▪ num. 10.
• x 2.340

  Ad Sent. 3. dist. 37. quast. 36.
• y 2.341

  See Wicleues complunt to the K. and Parliament artic. 3.
• * 2.342

  Vide Zonar. in Concil. Gangr. Can 7.
• z 2.343

  Clementin. tit. de Decim. c. 1. Religiosi.
• a 2.344

  Ad extr. tit. de Paroch c. vlt. significauit.
• b 2.345

  In desensor. C••∣ratorum. & vide, si placet Alex. lib. 4. consil. 60.
• c 2.346

  Et videsis in Fascicul▪ rer. expe∣tendarum, pag. 143. in Wicleu•• Thesi∣bus.
• d 2.347

  20. Hen. 7. fol. 17.
• e 2.348

  Doctrinal. fidei tom. 1. lib. 2. Artic. 3. cap. 64. & 65.
• f 2.349

  Fox in Hen. 5. pag. 602.
• g 2.350

  Ioh. Maior in Sent. 3. Dist. 37. q. 3••.
• h 2.351

  Paul Grysaldus apud Camill. Bo∣rell. in Consiliorum part. 1. consil. 45. edit. à I. Baptist. Casare.
• i 2.352

  Ex. Arthium Arch. Cant. ha••sit V. C. Arth. Duck LL. D. in vita Th. Chicheley Cant. Archepisc. pag. 73.
• k 2.353

  Ex Archiui•• Oxon. in•• Biblioth. Bedleiana.
• * 2.354

  L. Saciturnitas.
• m 2.355

  Ad annum Christi 75.
• n 2.356

  Edictes & O••∣donuane•••• de France tom. 4. tit. 22.
• b 2.357

  Rot. Parl 50. Ed. 3. art. 199.
• c 2.358

  Append. ad Co••••il. Lateran. part. 4. cap 1.
• d 2.359

  Edict & Ordi∣nances tom. 4. pag 493.
• e 2.360

  Videsis Guido∣••om ••P. Decis. 2••8. & Cons••••t. Bitur••••••▪ ••it 10. de Custumes pre∣dial••••, §. 11.
• f 2.361

  Vide Carol Mo∣lin. in Consu•••• Pa∣ris. de•• Fiefs §. 68. pag. 1296. & seqq. & Bertrand. d' Ar∣gentr•• in Consu••t. Britan. ••rtic. 266. pag 1114.
• g 2.362

  I. Lucius Paris. Placit. Curia lib. 2. tit. 5 §. 2.
• h 2.363

  Bacquit des droicts de Domaine tract. 4. part. 3. chap. 30.
• i 2.364

  Voyez Pasquier en 〈◊〉〈◊〉 Recherche•• liu. 3. chap. 35.
• y 2.365

  Code des D••cis. lib. 1 tit 10. decis. 15.
• z 2.366

  Co••bin enles Loix de. a France Arrest 66. Et Code des decis. liu 1 tit. 10. decis. 17. & voyez Papou en Notaire vol. 2. liu. 8. fol. 551.
• a 2.367

  Bertrand. d'Ar∣gentre in Cons. Brit. art. 266. des Ap∣propriances, pag. 1111.
• b 2.368

  Ad sent. 3. dist. 37. quast. 36.
• c 2.369

  Videsis Guido∣nem Papam Decis. 284. Code des decis. l. 1. tit. 10. decis. 7.
• d 2.370

  Ad Edict. Henr. 2. contra datas paris & abus. Cu∣ria Roma••a.
• e 2.371

  Code des Decis. li•• 1. tit. 17. De∣cis. 9.
• f 2.372

  Et testatur e•• ij•• Conuarunias lib. 1 Var. Resolut. cap. 17.
• g 2.373

  Carol. de Gr••s∣sallo Regal. Franc. lib. 2. iur•• 7.
• h 2.374

  Tit. 10. des Coustomes predia∣les, §. 12.
• i 2.375

  P. Matth. hist. tom. 1. liu. 2. pag. ••25. in 8.
• k 2.376

  In 3. Sent. dist. 37. quast. 36.
• t 2.377

  P. Matth. ad Guid. Pop. decis. 2 8 ex Chronico Io••. 1. R. Castella, & vide Petr Bellu∣gam in Spec. tit. de Decimas.
• u 2.378

  Ordennantas Reales de Castella lib. 1. tit. 5. leg. 1. & 3.
• x 2.379

  Recopilacion por Philip. 2. lib. 1. tit. 5 & Gregorio Lopez du Partina 1. tit. 20 leg. 22.
• y 2.380

  In 2.2. D. Thom. di••put. 40. memb. 1. 〈◊〉〈◊〉 ••6.
• z 2.381

  Practic. quast cap. 35.
• a 2.382

  Gregorio Lopez ad Partula 3. tit. 4. leg. 17.
• b 2.383

  Fa••ro Real a Espanna lib. 1. tit. 5 y en Pragmaticas y leyes recopilados por mandado de los &c. Ferdinando & Isa∣bel.
• c 2.384

  Practic. quast. 35.
• d 2.385

  Alfonso de A∣zeuedo in Reg. Con∣stit. lib. 1. tit. 5. l. 5.
• e 2.386

  Couarru. Var. Resolut. lib. 1. c 17.
• f 2.387

  Recopilacion de las leyes por manda∣do de Phil. 2. lib. 1. tit. 5. l. 6.
• g 2.388

  Partida 1. tit. 20. leg. 11. & 〈◊〉〈◊〉 Lopez.
• h 2.389

  Ad 2.2. q. 87. art. 1. sic & Ioh. Maior ad 3. sent. 37. dist. 36 quast.
• i 2.390

  Relation of the Religion vsed in the West parts, §. 39.
• k 2.391

  Vide si placet Henric. Bowhic ad· extr. de dec c. per∣uonit. Et Antoniu. summ. part. 4. tit. 11. cap. de Decimis.
• l 2.392

  Ad c••n aliquibus tit. de Decimis.
• m 2.393

  Francisc. Mo∣nabi•••• in part. 1. Consil. 46. num. 51. edit. ••. Baptistae Caesaris.
• n 2.394

  Maria Anguis. sola edit. dict. part. 1 Consil. 49.50. &c.
• o 2.395

  Constit. Sicul. lib. 1. tit. 7.
• p 2.396

  Gl. & Pano••mi∣tan. alij item ad c. in aliquibus tit. de Decimis.
• q 2.397

  Thomas Michael in lib. de Iuris. Conclus. 49.
• r 2.398

  Zasius de s••nd. p. 4. & Vnlteius de Feud••, lib. 1. cap. 5. §. 13.
• s 2.399

  Hostiens. in summ. tit. de Dec. num. 13.
• t 2.400

  Ord••nancion in Vlaenderen Bouck. 2. Rubric. 12.
• * 2.401

  Summa part. 4. tit. ••1.
• a 2.402

  In Euchirid. Artic. Decret. Re∣gni. Hungar. à Sambuco edito.
• b 2.403

  I. Herbort in Stat. Polonia lit. D. & Iacob. Prilusius leg. Pola••. lib. 1. ••ap. 4.
• c 2.404

  Ragwald. Inge∣mundi de Iure Ec∣clesiastico, lib. 1. cap. 7.
• d 2.405

  Statut. Dauid 2 cap. ••2. n. 3.
• e 2.406

  Vide Parl. 22. Iac. 6. act. 9.
• f 2.407

  Vide Parl. 9. Iacob. 6. & 11. eiusd. cap. 29.
• g 2.408

  Parl. 22. Iac. 6. act 3.
• h 2.409

  Parl. 12. Iacob. 6. cap. 1••9.
• i 2.410

  Seruatur auto∣graphum in The∣sauro Cottoniano
• k 2.411

  Rot. Pat. 14. Hen. 3. membr. 4.
• r 2.412

  Ms. in Biblioth. Cottoniana.
• l 2.413

  Vide supr. cap. 6. §. 3.
• m 2.414

  Ansegis. lib. 1. cap. 91.
• o 2.415

  Edit. Viti A∣merba••hij. cap. 7.
• p 2.416

  Leg. Longobard. lib. 3. tit. 8.
• q 2.417

  Conaur. 8. cap 9. pag. 583. edit. Basil. 1567.
• r 2.418

  Henric. Hunting∣don, lib. 4. pag. 197. & Reg. de Houed. p. 235. edit. Lo••din. sed vide etiā Rog. de Hou••den, sub ann. 786. & Ac∣thelwerd lib. 2. cap. 20. & Flor. Wigorn▪ sub ann. 785.
• s 2.419

  Vide Fad. Edo∣uard. & Guth••uni edit Lambard. cap. 6.
• t 2.420

  Vide Regist. Bur∣ton. apud Camden. in Belg. pag. 186. edit. Lat.
• u 2.421

  ••. hydam, s••u s••∣••••liam.
• x 2.422

  Ms. in Biblioth. Cottoniana.
• y 2.423

  Ms. ad calcem Nich. Glocest. in Bibl. Cotton.
• z 2.424

  In Bibl. Cotton. & apud V. C. Tho. Alien. Oxon.
• a 2.425

  Ms. in Biblioth. Cottoniana.
• b 2.426

  Msss. in Bibl. Cottoniana.
• c 2.427

  Vide, si placet, Tit. Honor. part. 2. pag. 301.
• d 2.428

  Sic intell••git, ni fallor, Foxus Hist. Eccles. Angl. pag. 123.
• e 2.429

  Camden. In Bel∣gis, ••ol. 173.
• f 2.430

  Idem, pag. 308. in Irinobantibus.
• g 2.431

  Polydor. Virgil. Hist. Angl. lib. 4.
• h 2.432

  Mss. in Bibl. Cotton.
• * 2.433

  Ms. in Biblioth. Cottoniana cap. 65. & variis causit.
• k 2.434

  Quod elitera fa. e••t ex Leonis Epist. in Dist. 20. cap. 1.
• l 2.435

  Eccles. Hist. lib. 5. cap. 1••.
• m 2.436

  Protuli eun∣dem librum Ca∣nonem, ait Theo∣dorus Cant. Arch. in Concil. circa ann. 670. apud Hertford celebra∣to. Bed. Hist. Ec∣cles. lib. 4. cap. 5.
• n 2.437

  Sup. §. 1.
• o 2.438

  Leg. Aethelst. edit. à Lambardo.
• p 2.439

  In Ms Cotto∣niano inseruntur illic haec verba: sƿa man rightast maege. oððe gemetan, oððe ge∣stellan, oð∣ðe ƿaegan. i. in the iustest way that may be; either by measure, num∣ber or weight.
• q 2.440

  In Historia Iornallensi Ms. in Bibl. Cotton.
• r 2.441

  Vet. Leg. ibid. Ms.
• s 2.442

  Ina Leg. cap. 37.40. & 42.
• t 2.443

  In dicta historia Iornallens. Ms.
• * 2.444

  Cap. 38.
• u 2.445

  Dict. Hist. Ior∣nall••nsi.
• x 2.446

  Leg. Edmund. apud Lambard. cap. 2.
• y 2.447

  In Dict Hist. Iornallinsi.
• z 2.448

  Videsis Ina leg. cap. 4. & 62. & a∣pud Malmesbur. lib 2. c 11. Cnutonis R. Epist. ad Anglos. & Lambard. in ex∣plic. verb. in Pri∣mitiae. & Canuti leg. c. 10. & Edgari leg. cap. 2. & 3.
• a 2.449

  Annal. Monast. Burtonens. Ms. apud V.C. Thom. Allen. Oxoniens.
• b 2.450

  ••leta Ms. lib. 2. cap. 47.
• c 2.451

  Supple selue∣bant.
• d 2.452

  ••. quo.
• e 2.453

  Apud G. Mal. mesbur. lib. 2. c. 11.
• f 2.454

  Ms. compact. In Vol. quod Codex Eccles. Landau. diettur in Bibl. Cotton.
• g 2.455

  Malach. 3.
• h 2.456

  De gest. Pontis. lib. 1. fol. 114. a.
• i 2.457

  Leg. Edgari cap. 1.2 & 3. apud Lamb.
• k 2.458

  Land hlaford in Ms.
• l 2.459

  Apud Brampton in Hist. Iornall. fol. 54. in Biblioth. Cottoniana.
• m 2.460

  i. Baronum seu liber•• tenentium.
• n 2.461

  Vide infra §. IX. & X.
• o 2.462

  Vide §. XII. & XVII.
• p 2.463

  Ms. in Biblioth. Cottoniana. in 〈◊〉〈◊〉 quo Ordo Corona•••••• is qui 〈◊〉〈◊〉 Saxonico in vsu erat▪ narratur.
• q 2.464

  Exemplar item Saxonicum repe∣ritur in Codice vetust••ts Legum Sax. in ••aep••us lau∣data Bibliotheca.
• r 2.465

  Ms. inter Leg. Saxonicum Bibl. Cottoniana.
• s 2.466

  Histor. Iornal∣lens. ibid. fol. 65.
• t 2.467

  Leg. Canuti, cap. 8.
• u 2.468

  In historia Ior∣nallensi fol. 71. b. M•• Bibl Cotton. sed optimum ha∣rum legum ex∣exemplar. extat in Bibliotheca. Se∣reniss. Principis Magnae Brit. ad D. Iacobi.
• y 2.469

  In Biblioth. d. S••renissimi Prin∣cipis.
• z 2.470

  Leg. Edward. Con••••ss. cap 8. & in Reg. de Honed••n. Annal. 2 pa. 343. b
• * 2.471

  Forte adigatur.
• a 2.472

  Recens Ms. apud V. C. Rob. Cotton.
• b 2.473

  In Excerptis M••. apud eun∣dem.
• c 2.474

  Apud G. Mal∣mesb lib 2. de gest. Pontific. fol. 129. b. 〈◊〉〈◊〉 1102.
• d 2.475

  Apud Eund. lib. dict. fol. 117. b. & in Epist. Lan∣franci Ms. in Bibl. Cottoniana.
• e 2.476

  In lib. Rub. Scaccari•• Ms. cap. 12.
• f 2.477

  §. IX. & XII.
• g 2.478

  In Excerpti•• Ms. in Biblioth. Cotton.
• h 2.479

  Extr. tit. de Dec. c. 5. peruenit & in App. ad Con••il. Lat. tit. de Decim.
• i 2.480

  Extr. d. tit. c. 6. Nunci••s.
• k 2.481

  Apud R••gerum de Houeden in An∣nal. part. 2. fol. 311. ••.
• l 2.482

  Apud eundem part. 2. fol. 430.
• m 2.483

  Apud eundem part. 2. fol. 457 b. & 460. c.
• n 2.484

  Consulas litt. de 10 Ed. 2. in vol in quo Tur∣gotus Dune men∣si•• reperitur in Bi∣bliothec. V.C. Tho. Allen. Oxon. & 41 Hen 3 in An∣nal Burton apud in eundem.
• o 2.485

  Stat. 25. Hen. 8. cap. 19.
• p 2.486

  Innoc. 3. in E∣pist. Decre••. lib 2. pag. 452 edit. Co∣loniens.
• q 2.487

  In vol. in quo Annal. Burton. apud V.C. Tho. Allen. Oxon.
• r 2.488

  Consti••. Eb••ra••. Ms.
• s 2.489

  Vide Lindw. in Prouin•• Const tit. de De••. c. quoniam propter in praefa∣tionem.
• t 2.490

  Ms. apud V.C. Th. Allen▪ Oxon.
• z 2.491

  Part. 9. cap. 5.
• y 2.492

  In Biblioth. autoris.
• z 2.493

  Extat. in Con∣stit. Prouinc. lib. 3.
• * 2.494

  Conquer tur e∣tiam de hac iniu∣ria Io. de ••thona in Constit. Othoboni c. mandata Dei. vero. Iustitiam fauor expellit.
• * 2.495

  Extat. in Bl.
• a 2.496

  Rot. Parl. 17. Ed. 3. art. 28.
• b 2.497

  Rot. Parl. 18. Ed, 3. art. 9.
• c 2.498

  Rot. Parl. ••1. Ed 3. art. 48.
• d 2.499

  Rot. Parl. Fest. Hill. 25▪ Ed. 3. art. 37.
• e 2.500

  Plowd. Comm. fol. 470.9. Nen. 6▪ fol. 56. &c.
• f 2.501

  Rot. Part. 47. 〈◊〉〈◊〉. 3. art. 21.
• g 2.502

  Rot. Parl 51. Ed. 3. art. ••6.
• h 2.503

  Regist. Orig. fol. 4. a.
• i 2.504

  Rot. Parl. 5. Hen. 4. art. 65.
• k 2.505

  Orig fol. 59. b.
• l 2.506

  Nat. Br. fol. 53. C. G.
• m 2.507

  In Constit. Prouin••. tit. de Dec. c▪ Sancta, §. Nego••••ationum.
• n 2.508

  Vide 16. Ed. 3. quare impedit 147.38. Ed. 3. fol. 13. a. Grants case in Report. 11. fol. 16. a.
• o 2.509

  In Respons. 57. inter monimenta Iuris Gra••••-Ro∣mani edit. à Leun∣clauio & Frahe••••.
• * 2.510

  Chap. 6. §. 3.
• a 2.511

  Anonym. Ms. de primostatu Lan∣dauens. Ecclesiae in Bibl. Cottoniana eadem in Codice Landau. qui Tilo dicitur habentur. Recens autem exscriptus Tilo reperitur in ea∣dem Biblioth.
• b 2.512

  1. Ad Cor. cap. 11.22. Sed v••desis Isi∣dor. Pelusi••t. lib. 2. Epist. 246.
• c 2.513

  Beda Hist. Ec∣cles. lib. 1. cap. 26.
• d 2.514

  Beda lib. 1. cap. 26.
• e 2.515

  Cart. Antiq. l. 8. in arc•• Londin.
• f 2.516

  Extat in Beda exemplatis Saxo∣nici Ms. lib. 3. in Bibl. Cottoniana
• g 2.517

  Videsis B••dam Hist. Eccles. lib 4 cap. ••7▪
• h 2.518

  Synod. Anglic. c. 1. & ••. ann. 786. C••ntur. 8. cap. 9.
• * 2.519

  Vide eum hist. Eccles. ••ib. 3. c. 26. & lib 4. c. 27.
• i 2.520

  Beda Hist. Ec∣cles. lib. 3. cap. 7.
• k 2.521

  Ibidem lib. 4. c. 5. & videsis c. 16. q 2. c. 6. san••.
• m 2.522

  Hist. Eccl. lib. 5. cap. 4. & 5.
• n 2.523

  M▪ (in Biblioth. Certoniana) c. 10.
• * 2.524

  Leg· Franci••. apud ••i••••sacum, lib. de Pa••••••ci••.
• o 2.525

  Regular. Con∣cordia Anglica Nationis Monach. Sanctimonialium∣que Ms. in Bibl. Cotton. & Mal∣me••bur. lib. 1 de gest. Pontific. fol. 115.
• p 2.526

  In Statut. Synod▪ Ms. in sap. dict. Biblioth. cap. 9.
• q 2.527

  Videsis c. 16. quaest. 1. c. 1•• A∣gap••tus & 13. q. 2. c. 6. vbicunque. sed & vide Ap∣pend. ad Concil. Later. part. 43. cap. 4.
• r 2.528

  Vide Canuti Leg. cap. 13.
• r 2.529

  Trinit. Placit. 23. Hen. 3. rot. 15. in arce Londi∣nensi.
• s 2.530

  In Ann••l. Ms. Monasterij Bur∣••onc••sis▪ su•• anno 1237. apud V.C. Tho. A••len. Oxon.
• t 2.531

  Lind••ood in tit. de Censibus ••quam∣uis Lex naturae ve••b Vna Ecclesia & in tit. de cel••••r. M••sser. c essr••••at 1. & v••de B••act fol. 241. b & 〈◊〉〈◊〉. lib. 5. cap. 14. & B••c∣ton fol. ••26. b
• u 2.532

  In••ulphus fol. 489. b.
• x 2.533

  Extr. tit. de Ec∣cles. adificand. c. 3. ad audient••am.
• y 2.534

  Pat. 13. Me••. 3. part. 1. membr. 7.
• a 2.535

  Sidon. Apolli∣naru lib. 8. Epist. 6.
• b 2.536

  Videsis Ioseph. Scalig. de Emen∣dat. Temp. lib▪ 2. & lib. 1. de Mira∣bilibus S. Scriptu∣rae D. Augustino 〈◊〉〈◊〉 iptum &c.
• c 2.537

  Ms. in Biblioth. Cotton•• de quo apud Malmesbur. lib. 1. de est. Pon∣tif. fol. 114. a.
• d 2.538

  Fulcardus Dero∣bornens. de vita & mi••ac I. de Beuer∣laco recens Ms. in Biblioth. Cotton.
• e 2.539

  Ms•• in eadem Biblioth.
• f 2.540

  Chartular. Ms. Monasterij de Gise∣burne in dict. bib.
• g 2.541

  Ms. part. 1. lib. 17. cap. 72.
• h 2.542

  Jn Bibl. Cott.
• i 2.543

  Eccles. Hist. lib. 4. cap. 29.
• k 2.544

  Ms. in Biblioth. Cotton. & apud V.C. Th. Allen. Oxon.
• l 2.545

  Ms. (compact. inter Monimenta Eccles. Landa••. in Biblioth. Cott.) cap 10.
• m 2.546

  Apud G. Mal∣mesbur. de gest. Reg. Angl. lib. 2. cap. 11.
• n 2.547

  Forsan Com∣pensabit.
• o 2.548

  i. Church sce••.
• * 2.549

  Ms. in Bibl. Cott.
• p 2.550

  Ante ••lla V••u monumenta co••s••las si placet Ca••t••l. Roffensi•• Ecclesia, ibid.
• q 2.551

  In Append ad Concil. Lat••r. part. 4. cap▪ 4.
• r 2.552

  Extr. tit. de De∣cimis c. 5. peruinit.
• s 2.553

  Ibid. c. 4. Com∣missum est.
• r 2.554

  In Regest. Mon. Leonmin••t. sine Rading in Bibl. Cotton. & vide App. ad Concil. Lat part. 48. cap. 1.
• u 2.555

  Rot Claus. 11. Hen. 3. part. 1. membr. 9 in Dorso. & Rot. Claus. 12. Hen. 3. membr. 7. in Dorso. & Claus. ••7. Hen. 3. Dors. 16. & Dors. Claus. 20. Hen▪ 3. membr 24. & Claus. 21. Hen. 3 membr. 10.
• x 2.556

  4. Ed. 3. fol. 27. ••.
• y 2.557

  In Codic•• Vet Ms. apud V.C.I. Borough. Scrinior•••• in Arce Lond. prafectu••••••
• z 2.558

  Vide R••t Fin. 4. Hen. 3. membr. 1. & C••aus. 5. Hen. 3. membr. 6.
• * 2.559

  Egge.
• a 2.560

  Lindw•• tit. de consuetudine, c. statutum, lit. f. & 21. Hen. ••. cap. 6.
• b 2.561

  Why is this rea∣son, or is this reason.
• c 2.562

  Why is it law∣full.
• d 2.563

  Vide 10. Hen. 7. fo••. 18. a. 7. Ed 6. Dyer fol 84. b. & Coke Report 2. fol. 44. b.
• e 2.564

  Tit de locat & conducto••. licet. verb. portiones.
• f 2.565

  Quam vide supr. cap. 8. §. 23.
• a 2.566

  In bibl. Cottoni∣ana.
• b 2.567

  L. Militis.
• * 2.568

  In Biblioth. Cotton.
• * 2.569

  An. D••. 1250.
• * 2.570

  Hin••sey.
• * 2.571

  In Biblioth. Cotton.
• * 2.572

  In sapius dict. Bibliotheca.
• * 2.573

  Hae n. captae Regis sunt. Pra∣rogat. Reg. cap. 11. &c.
• * 2.574

  In iam memorae∣ta Bibliotheca.
• * 2.575

  Jbidem.
• * 2.576

  In Biblioth. Cotton.
• * 2.577

  Balaeo Thomas Spot dictus est.
• * 2.578

  Regist. Mona∣sterij S. Martini de Bello in Arthi∣uis 〈◊〉〈◊〉 quae ad Fo••••m a Regio∣••um prouentuum increme••to di∣ctum spectant.
• * 2.579

  In sap•• dict. Biblioth.
• * 2.580

  Ibidem.
• * 2.581

  Videsis Cart. Antiq. B. B. 14. & 15. &c. in 〈◊〉〈◊〉 Lond. & G. 21. in Dorso.
• * 2.582

  In Biblioth. Cotton.
• * 2.583

  In eadem Biblioth.
• * 2.584

  In Biblioth. Co••ton.
• * 2.585

  In eadem Biblioth.
• * 2.586

  In Biblioth. a••toris.
• * 2.587

  Suss••••.
• * 2.588

  Sussex.
• a 2.589

  Videsis App. ad Concil. Lateran. part. 47. cap. 5.
• b 2.590

  Jngulph. hist. fol. 512. b.
• c 2.591

  De Mirat. S. Benedicti lib. 1. cah. 14.
• d 2.592

  In thesauro Cottoniano.
• * 2.593

  Fortè propter.
• * 2.594

  In Biblioth. Cotton.
• a 2.595

  Vide E.G. 7. & E. 1. & B. 8. & part. 1. Ca••••. 1. 〈◊〉〈◊〉. membr. 20. ••h••rt 117.
• b 2.596

  G.G. 1, & 2.
• c 2.597

  C C. ••.
• d 2.598

  Ibid. 3. in dorse.
• e 2.599

  Rot. Chart. 6. Ioh. R. ch. 107. memb. 12. & rot. R••t. 11. Hen▪ 3. part▪ 1. membr. 5.
• f 2.600

  Claus. 4 Hen. 3. part 1. membr. 2. & Claus. 17. Hen. 3. membran. 4. &c.
• g 2.601

  Fletwood in Commentar. de iure Forestarum.
• h 2.602

  Cart. antiq. ff ff. 2.
• i 2.603

  K. indors. 36.
• k 2.604

  S. ••.
• l 2.605

  Vide Rot. cart. 5. R. Ioh. membr. 8. cart. 61. & Cart. antiq. V. & E. 7. & in Fasciculo cart. antiq. num. 80. &c.
• m 2.606

  Re••ist. orig. fol. 36. b. & Fitz. N. B, 40. N.
• n 2.607

  In Codice Ms. Coenobij Osniens. in Bibl. Cotton.
• o 2.608

  Pat. 16. Hom. 3. membr. 7.
• p 2.609

  Roger. de Houe∣den. part. 2. fol. 460 b.
• q 2.610

  Vide extr. tit. de Prob. c. in Late∣ranensi 31 & tit. de priuileg. c. 3. cum & plantare. & in Concil ip∣so quod. plenē tantummodo ex∣tat in editione Romana & postr••∣ma Bi••ij.
• r 2.611

  Extr. tit de ••is qua fiunt a Prael. c. 7. cum Apostolica
• b 2.612

  In Armario Cottoniano.
• s 2.613

  Innocent 3 E∣pist. Decretal. lib. 1. pag. 228.
• t 2.614

  Epist. 21. & ••4.
• u 2.615

  Ms. in Biblioth. Cottoniana.
• * 2.616

  Sup. cap. 7. §. 1.
• x 2.617

  Inter fascie. Pet. Parl 6. Ed. 1 in ar•••• Londin.
• y 2.618

  Extr. tit. de De∣cimis c. 13▪ quoniam
• z 2.619

  14. Hen. 4 fol. 17. b. & Brook tit. Dismes 10.
• * 2.620

  In Recept. Scaccarij, & in Cod Vet. apud V. C. I. Borough re∣giorum in arce Lond. Seriniorum prasectum.
• * 2.621

  Mich. 5. Ed. 3. Coram Rege Rot. 168. Cumbria.
• * 2.622

  Rot. Parl. 8. Ed. 2. rot. 17. in dors.
• a 2.623

  R••g. de Hou••¦d••n, part. 1. fol. 26••. ••.
• b 2.624

  Append. ad Concil. 〈◊〉〈◊〉. part. 16
• c 2.625

  Panormitan. ad tit. de restit. in in∣tegr. cap. 〈◊〉〈◊〉.
• d 2.626

  Roger. Houed. annal. 2. fol. 460. b.
• e 2.627

  Rot. Parl. 5. Hen. 4. art. 74.
• f 2.628

  In Thesauro Cot∣toniano.
• g 2.629

  Videsis 7. Ed. ••. fol. 4. b. & Esson. & Placit. de 10. Rich. 1. Rot. 22. Hertf. cas▪ Reginaldi de Argentain.
• h 2.630

  Guil Malmes••. de Gest. Pontific. lib. 1. vide Anselm. lib. 3. Epist. 45.
• i 2.631

  Continuat. F••••∣rent. Wigor••. anno 1125.
• k 2.632

  Extr. de Instit. c. 3. ex frequentibu•• qui Canon ple∣mus habetur in Appendice ad Concil. Lateran. part. 28. cap. 11.
• l 2.633

  Tit. de iure patr. c. 10. cum Laici. c. 11 cura Pa••torali &c. 21. relatum. vide Roger. de Ho∣ueden. Annal. fol. 208. a. l. Sarisbur. Policrat. lib. 7. cap. 21. & App. ad Concil. Lat. part. 15 cap. 2.
• m 2.634

  Epist. Anselm. Ms. 195. in Bibl. Cottoniana.
• i 2.635

  In Append. 〈◊〉〈◊〉 Concil. Lat. part. 8. cap. 14. tit. de testibus cogend••••.
• k 2.636

  Roger. 〈◊〉〈◊〉. A••••al. fol. 310.
• l 2.637

  Extr. de Instit. ••. 6. cum ve••issent Edit. Gregoriana.
• m 2.638

  Extr. tit. de iure ••urando c. 11. tuae ••es. & de iure patr. c. 24. cus autem.
• n 2.639

  16. Ed. 3. tit. Annuitie 23 & Rot. Fin. 1. Ioh. Huntingdon.
• o 2.640

  Lib. 3. cap. 20.
• p 2.641

  In Symbol. Ele∣ctorum Ms. in Bib. Cotton.
• h 2.642

  Extr. de 〈◊〉〈◊〉. Archidiac. c. 4. cum satis & cap. 5. Archidiac••••••.
• r 2.643

  Arg. 15. Ed. 3 tit. Quare non admi∣sit 5. & Fitzh. N.••. 47. l. &c.
• s 2.644

  6 tit. de Suppl••nd. Pr••lat. neglig c. 3. & 36. Hen. 8. tit. Administrators 46.
• t 2.645

  Vide 17. Ed. 2. tit. Brief•• 812. 1••. Ed. 4.14. ••. Regist. Orig. f. 6•• a. & 141. a 17. Ed 3. fol. 23. b. &c.
• u 2.646

  5. 〈…〉〈…〉 Ma∣tricul. Eccles▪ in Archidiac. L••ic. in Biblioth. Cot∣toniana.
• x 2.647

  Vide extr▪ tit. de Instit. c. 6. & Rog. de Houeden p. 465. & 468. & seq.
• y 2.648

  Videsis extr. tit de iure Patron. c. 15 consuluit &c. & tit. de filijs Presbyt. passim. & tit. de Pactis c. 5. aecepimu••. & tit. de Tollibus c. 7. c•• parte. & Append. Concil. Lat. part. 8. cap. 22. Hereford. Episcopo & Ab∣bati de Forde. Nec omittas eius∣dem appendicis, part. 15 cap. 15. & part 19. cap. 1. & part. 28. cap. 4. & 8. part 49 cap. 14. & part. 50. cap. 60.
• z 2.649

  Vide Rot. pat. 9. Ioh. R. membr. 1. alibi saepē in Ar∣chiuis, quae ad illi{us} tempora spectant.
• a 2.650

  2. Ed. 3.23. b. 3 Ed. 3. fol. 11. b. 10. Ed. 3. fol. 50. a. & vide Casum Episcopi Lincoln. in Comment. 2. &c.
• b 2.651

  Vide Rog. de Houeáon, an. 1179.
• c 2.652

  Extr. de iure Patronat. c. 22. 〈◊〉〈◊〉 se.
• d 2.653

  Extr. tit. de suppl. prael. negl. c. 3. & 4. ad Conc. pra••. c. 5. &c.
• e 2.654

  Lib. 4. tr. de Assis. vlt. praes. cap. 6. §. 3. Vide, si placet, Roger. de Houcden part. 2. Annal. fol 430. b. & Extr. tit. de Offi∣cio I••dicis ordinarij c. 4. cum 〈◊〉〈◊〉. ant•• Concilium Papae Alex. 3. illud n•• fallor rese••••ps••••, & lucem huc ad••••rt.
• f 2.655

  Coke Report. part. 6. fol. 62.
• g 2.656

  Chap. 62. des ex∣ceptions fol. 225. a.
• h 2.657

  C. Vnico §. 1. de iure pa••r. in 6.
• i 2.658

  Regist orig. fol. 42. b. ••nter prohi∣bitiones.
• * 2.659

  Vide 19. Ed 2. tit. Briefe 842.18. Ed. 3. fol. 55 b. Regist. Orig. fol. 98. a.
• k 2.660

  Gla••••il. lib 6. cap. 17. alibi item scilicet in Archi∣uis quae vetustio∣ra Richardi p••imi aut initij Iohannis tempora spectant, & vide Roger. de Hou••den. fol. 425. b. & P••t. 3. Hen. 3. part. 2▪ membr. 2.
• l 2.661

  Extr tit. de Cens••∣bus c. 11. cum Cle∣rici. & tit. de Praeb. & dig▪ c. 31. In La∣teranens. §. 2. & tit. de priuil••g▪ •• 3. & Hostiens. Summ. tit. de Capellis Mo∣nachorum. & sa∣pius.
• m 2.662

  Epist. ad Tit. cap. 1 comm 5.
• n 2.663

  16. Ed▪ 3. tit. Br••i••e 660. Fitzh. Nat. Br. fol. 33. B.C.D.E.
• o 2.664

  〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• p 2.665

  〈◊〉〈◊〉 Epist. ad ••rut. 7.
• q 2.666

  18. Ed. 3. fol. 16, a.
• r 2.667

  43. Ed. 3. fol. 1. b.
• s 2.668

  5 Hen. 7 fol. 37 a.
• t 2.669

  Vide 19. Ed. 3. tit. Quare impedit 60.
• a 2.670

  Rot. Parl. 2. Hen. 5. part. 2. art. 9.
• b 2.671

  Vide Cart. 2. Hen. 5. part. 1. num. 3. &c.
• c 2.672

  In Biblioth. Cottoniana.
• d 2.673

  Report 2. fol. 45. a.
• e 2.674

  Vide in d. Com∣mentatio, ibid.
• f 2.675

  Cap. 6. §. 4.
• g 2.676

  Extr. tit. de Ar∣bitris. c. 3. pern. ni•• ad nos.
• h 2.677

  In Bibblioth. Cottoniana.
• i 2.678

  Tit. de locato & conducto c. licet bona verb. p••rtiones.
• k 2.679

  Lib. 5. tract▪ de Exceptionibus cap. 12. fol. 411. b.
• l 2.680

  Innoc. 3. in Epist. Decret. lib. 1. pag. 20••.
• m 2.681

  Ibid lib 2 pag. 410. Videsis Extr. tit. de Decimis c. 3. Ex multiplici.
• n 2.682

  Voyez Rep. part. 2. fol. 44. & Fitzh. Nat. Br. fol. 42. ••.
• o 2.683

  Regist. Orig. fol. 38. b. Fitzh. vbi supra.
• p 2.684

  Vide lib. Intrat. non. rit. Prohibition §. 6. & Rep. 2. part. fol 44.
• q 2.685

  8. Ed. 4. fol. 14.
• a 2.686

  Videsis Leg. E∣t••el••••ni apud Fox in Eccles. Hist lib. 3 ••ag 135. col. 1. Hinc de∣bent Episcopi &c.
• b 2.687

  In Biblioth. Cottonianae.
• c 2.688

  In Rot. Insp ex. Chart. 2. Rich. 2. prodec. & cap. Lincoln. membran 12. Idem est quod habetur An∣gl••cē apud Foxum Hist. Eccles. An∣glic. lib. 4 pag. 154. col. 2.
• d 2.689

  Ch••rta Simonis Comitis North in Thesaur. Cotton.
• e 2.690

  I. Sarisbur. epist. 21.84.92.109. & 133.
• f 2.691

  Idem Epist. 109.
• g 2.692

  Append▪ ad Con∣cil Lateran. part. 47. cap. 5.
• h 2.693

  Chart. antiq. EE. 1 in Arce Londin.
• i 2.694

  Chart. antiq ib. S. 7. vide supr. cap. 8. §. 17.
• k 2.695

  Ms. In Biblioth. Cottoniana.
• l 2.696

  In Bibl. autoris
• m 2.697

  Colici•• Abindi∣nensis Ms. Bibl. Cotton.
• n 2.698

  L. quòd.
• o 2.699

  Epist. 159.
• p 2.700

  App. ad Concil. Lateran. part. 10. cap. 26.
• q 2.701

  Vide Eliz••. Nat. B••. fol. 40. N.
• r 2.702

  Annal. Burton. Monast. in Bibl. V. Cl••••h. Allen. Oxon. subanu. 1237.
• s 2.703

  Fol. 54. b.
• t 2.704

  N.B. fol. 5••.
• u 2.705

  Placit. & In∣quisit. 8. Hen. 3. in Arce Londin.
• x 2.706

  16. Ed 3. tit Ju∣risdiction 28. & See Cosius Apolo¦gie part. 1. pag. 57. &c. & Rot. Par∣lam. 25. Ed. 3. ar∣tic. 62.
• a 2.707

  Constit. Prouin. tit. de fore compe∣tent. c. Circumspe∣ct••. verb. quarta part.
• b 2.708

  Videsis Matth. Paris pag 716. lin. 40.
• c 2.709

  7. Ed. 3 fol. 42. b 8. Ed. 3. fol 50. a. Regist. Orig fo 29. b 38 Ed 3. fol. 1••. a. 16. Ed. 3. tit. Qua ••e impedit 147. 38 Hen. 6. fol 20 a. Fitzh. N.B. fol 30 c Se••german. fol. 108.
• d 2.710

  31. Hen. 6. fol. 14. b. & Bract. lib 5. tract de Ex∣ceptionibus cap. 4. fol. 403. a. & vide Fitzh. Nat. Br. fol. 45. D.
• e 2.711

  Westm. 2. cap. 5.
• f 2.712

  Artic. Cleri. cap. 2.
• g 2.713

  18. Ed. 2. tit. Brief 825. & Re∣gist. Orig. fol 29. b. Vide Fitzh. Nat. Br. 45. D.
• h 2.714

  Moile 38. Hen. 6.20. a. For••es••. 31. Hen. 6.14. a. ••eingerm. fol. 108. & voye•• 38. Ed 3.19 a. 16. Ed. 3. tit. Qua••e impe∣dit 147.
• i 2.715

  Markham 38. Hen 6. fol 20. a. & Parn. 4 Ed 3. fol. 27. b.
• k 2.716

  Regist Orig. fol. 29. b Fitzh. B. 30. •• Fortesc. 38. Hen. 6. fol. 20. a.
• l 2.717

  Fleta. lib. 6. cap. 37.
• * 2.718

  Lib. 5. de Excep∣tionibus cap. 4. fol. 403. & cap. 10. fol. 407.
• m 2.719

  Annal. Burton· in Biblioth. V.C. Thoma Allen. Oxon.
• n 2.720

  In Epist. Rob. Li•••• Mss. in Biblioth. Cotton.
• o 2.721

  Platit. de Banco Pasch. 19. Ed. 1. rot. 45.
• * 2.722

  f. index.
• p 2.723

  Videsis Rot. Claus. 21. Hen. 3. membran. 3.
• q 2.724

  Videsis Rot. Parl. 8 Ed. 2. rot. 23
• r 2.725

  Vide, si placet, Rot. Claus. 21. Haw. 3. membr. 19.
• s 2.726

  Pat· 9. Hen. 3. part. 2. membr. 3.
• t 2.727

  Jn fascic. Pet. 6. Ed. 1. in Arc•• Londin.
• u 2.728

  38. Ed. 7. fol. 8. & Regist. Orig. fol. 165.
• a 2.729

  In Bibl. Cotton.
• b 2.730

  Fascicul. Bren. de 17 Ed. 3. part. 1. & 3. in Arce Londin.
• b 2.731

  22. Assis. pl. 75.
• c 2.732

  Cart. Antiq. CC. in dors. 10. in Arce Lond.
• d 2.733

  Rot. Chart. 6. R. Ioh. membr. 12. ch. 107.
• e 2.734

  In Arce Londin.
• f 2.735

  Pat. ••6. Hen. 3. membr. 7.
• * 2.736

  In Codice Ab∣ba••. S. Alba••••. Ms.
• g 2.737

  38. Assis pl. 20.
• h 2.738

  Vide 50. Ed. 3. fol. 20. & 2••. Ed. 4. fol. 24. a.