Animaduersions vpon M. Seldens History of tithes, and his reuievv thereof before which (in lieu of the two first chapters purposely pretermitted) is premised a catalogue of seuenty two authours, before the yeere 1215. Maintaining the ius diuinum of tythes or more, to be payd to the priesthood vnder the Gospell: by Richard Tillesley Doctor in Diuinity, and archdeacon of Rochester.

ANIMADVERSIONS vpon the Preface of M. Seldens History of Tythes.

IF euer any Preface deserued the impa∣tience of the greatest moderation, and in scorne and selfe-loue did preiudice the Learning and Religion of an in∣comparable Nation: what then may this Preface expect, but Satyricall and furious contradiction? There being no part, but fraught with supercilious contempt and full of the Rhetoricke of a censorious ouerweener. But wee haue not so learned Christ Iesus, that being reuiled, wee reuile not againe, through good report, and euill report in the conscience of Gods blessings, we endeuour to please him who hath called vs to a profession of peace: Without passion therefore, I will select some passages out of his Pre∣face, and there-against oppose such Aduersaries,* 1.1 or Ani∣maduersions, whereby it may appeare, Si verum nos sa∣pimus; quod veritas ei contradicat, non nos; that if my words be true, he is more opposed by Trueth then by me: And there I begin where the Author of the History, Protests,

This History was not written, to prooue that Tythes are not due by the Law of God.

[Animad 1] Yet he that frames a new opinion only to crosse it: Hee that strines to slight or answer all authorities that are made for it: He that censures the defenders of that opini∣on, with the title of confidence, ignorance, negligence, boldnesse, imperiousnesse, and such like, doth more dis∣pute of it then becomes an vnpartiall Historian.

* 1.2Nothing that belonged to the Title is purposely omitted.

[Animad 2] Whether any thing that belonged to the Title were pur∣posely omitted, I leaue to the iudgement of those, who shall obserue in the Catalogue, and in the censure, seuerall pertinent confirmations of the Title De iure Diuino, o∣mitted; whereof, being in the same Bookes, Epistles, Pages, he could not be ignorant, vnlesse he were but Ca∣nis ad Nilum, and no constant peruser.

No peece of it is stolne from any other mans notes:

[Animad 3] Whether any of it were I striue not to enquire, neither if it were should I insult vpon it, especially if the ingena∣ous Writer would acknowledge by whom he profited: Be∣nignum etenim est, & plenum ingenui pudoris, fareri per quos profeceris,* 1.3 saith Pliny: whereas, Reprehensi∣one dignum esset, maiorum tacere nomina, & corum sibi appropriare ingenia: He were worthy reproofe who concealeth the name, and doth arrogate to himselfe the inuention of the ancient. Yet in his Epistle Dedicatory, a great part of it, is confessed, to be sent him by anothers able Direction, so that he restores rather then giues it, he borrowed helpe, and doth offer onely whatsoe∣uer is in this of his owne also, They are his words,

He intended not to teach any innouation by an im∣perfect patterne had from the musty reliques of for∣mer time.* 1.4

[Animad 4] I well beleeue he entended not to teach any innouation, euen by the perfectest patterne he might haue, from the mustie Reliques (for so hee calls the olde writings) of former time, which if he had performed, it might haue much aduantaged the Church, whom new Customes haue much impayred.

His booke hath beene approoued by the censures of such, as are of the choicest learning, ablest iudge∣ment, and truely Decumatissimi, aswell in worth as Title.

[Animad 5] This I will neuer be perswaded of any that hath exami∣ned the quotations, and throughly perused the work, wher∣in, such falsities, iniurious censures of writers, contra∣dictions, and many other impertinences are too fre∣quent. So that no ingenuous and learned Reader, but will be backeward to allow this for trueth, which is onely a compacture out of the abuses and disobedience of re∣ligion and lawfull gouernment. Nimis peruerse se amat,* 1.5 qui & alios vult errare vt error suus lateat.

He accuseth all writers of this Argument,* 1.6 of negli∣gence and ignorance, in taking one from another, and not relating towards what is fit to bee knowne touching the payment of the Hebrewes, &c.

[Animad 6] How deseruedly he accuseth them of negligence or ig∣norance, who vndertaking to shew the History of Tythes, (which none doe of purpose, but to inferre the right) haue not so largely related so much of the payment of the Iews practise of the Gentiles, of former Christians, of the

humane positiue lawes, of the various opinions of past ages, besides the course of setling Tythes in Mona∣steries, &c. by appropriations, or consecrations, or the originall of infeodations; or concerning exemptions; for mine owne part I know not; yet I am perswaded that they wrot though not all, yet what was sufficient to the cō∣clusion they intended. Why might not the practise of the Iewes be rather presupposed, then particularized, and on∣ly by the passages of Scripture, and authorities of the an∣cient commoner Authors bee pointed at, then bee expected from euery Writer, who either hath not the meanes to come by the bookes, or the skill readily to vnderstand the lan∣guage, especially of the latter barbarous Rabbins? If the only practise of the Iewes, not supposing the ground of di∣uine precept, might inforce the continuance amongst vs, then more paines in these Rabbines had beene necessary: But when the precept alone being prooued to belong to vs, can command obedience without their practise; Then for to spend good time onely for ostentation of learning in per∣using and quoting Rabbins had beene needlesse. I could only wish that the abundant maintenance of the Iewish Priesthood, might but procure for the Euangelicall Priest∣hood euen that lesser and rightfull portion of Tythes wher∣with it would be contented. Yet heerein, from more skil∣full Hebricians, the Authour must be aduertised, that his Rabbine quotations are not all true, and few of them of his owne obseruation.

As for the practise of the Gentiles, who haue not pointed at enow authorities to free them from negligence and ignorance, although each good Writer hath not alike leasure from his profession, or delight in such studies?

Though herein the Authors diligence is commendable in the third Chapter. By which the progresse of that naturall praecept, though depraued in the Idolatrous vse, doth ap∣peare (and Idolatrie is the Ape of Religion:) Whereout, if these conclusions might be inferred, that therefore the consecration of a Tenth part to God was naturall, and that herein the Gentiles not hauing the law,* 1.7 and do∣ing by nature the things contained in the law, sh••w the worke of the law written in their hearts; This were a pertinent consideration: for why should they conse∣crate rather that part then another, vnlesse as Hugo de S. Victore speaketh,* 1.8 They had beene taught and in∣structed by God; Vnde enim, homo rerum suarum deci∣mam potius quam nonam vel octauam vel aliam quamque partem offerendam esse scire potuisset, nisi à Deo doctus fu∣isset? are his words to that sense fully.

Concerning the practise of former Christians, those few whom I haue read, point at some, though not at all, as neither the Author doth, which if these daies would fol∣low, as there were no generall Councels before Agobardus time concerning them, Nulla enim compulit necessi∣sitas feruente vbique religiosa deuotione & amore il∣lustrandi Ecclesias vltro aestuante: There was no ne∣cessitie, the Religious deuotion of all, euery where, and the desire of bettering the Churches, freely abounding: So no Controuersie or such Historie would be needfull.

As for Humane positiue lawes: some out of opinion, that they binde not conscience; oth•••• out of consideration that the knowledge of the Secular lawes pertaine to other professions; others seeing no regard to the most ancient of them in the present practise, haue perchance, if knowen

them, omitted them, and deserue not therefore such împu∣tations of ignorance and negligence.

The various opinions of past ages, are in generall by some disciphered, though the authorities of the erroneous part be not so at large expressed, and inclined vnto, as by the Authour; yet their reasons are iudiciously answered, neither with negligence nor ignorance.

That none haue so variously shewed the setling of Tythes in Monasteries, Corporations, Colledges; I thinke was out of a dislike of them, not meaning to iustifie, but oppose either the appropriations (or as Master Selden cals them, Consecrations) of Tythes to such places, and not so much out of negligence or ignorance: Though con∣cerning Colledges there is great difference, they being the Seminaries of the Clergie, and for the most part, must consist of such men in Orders; as also, the Spirituall Cor∣porations of Bishops, and Cathedrall Churches doe.

Those which he cals Fables concerning the Original of infeodations, shall for the substance be prooued truthes, especially in the Historie of Charles Martell.

Of exemptions, none can speake well that consider the true right; But if any therein haue distinguished the Hos∣pitalers, and those Knights of Saint Iohns in Ierusa∣lem: or about exemptions haue committed other most grosse and ridiculous absurdities (so eager and bitter it pleased our Historian to be) yet some of his owne slippes with more gentle language manifested, may for hereafter temper his stile, since he is a man, and may erre: but that any writers haue so erred, is more then I know.

* 1.9It is a common, but most deceiuing Argument, af∣firmatiuely to conclude fact or practise of Tything

from what they see ordained by an old Canon of the Church.

[Animad 7] If any haue vsed that Argument in inferring the pra∣ctise from the Ca••on, and that supposing or expressing the dutie of the Law of God, he might well doe it; or else suppose an irreligious practise to be generally embraced. The examples opposed of Reparations of Churches, Te∣staments of the Clergie, are of things meerely Ecclesia∣sticall, not Diuine, as Tythes are: In which Tythes if the Laitie haue made alteration from the Canon, it was because as Alcuin speaketh,* 1.10 Auara mens hominum de∣cimarum largitati non consentit, out of couetousnesse; which yet for auoiding a publike scandall, hath beene to∣lerated in practise, to the preiudice, and at the perill of their soules, who knowing the truth, yet would iustifie their acti∣ons from custome: What therefore Nationall customes haue impaired in this right of Tything, might well haue beene omitted by the honest Writer, who in charity hoped each mans practise would haue answered the precept of God published by the Church. The inference therefore of pra∣ctise from such Canons is fit in charitie, though not cer∣taine to experience; since the Canons for Tything are not in respect to inferre practise, like the law of Plato, or of L••cians men in the Moone, or of Aristophanes citie of Cuckoes in the clouds, as he (I may say) prophanely makes the comparison: But such which require obedience of necessitie, vpon the fearefull perill of Canonicall censure, which is confirmed in heauen. But sure such an Argument is more reasonable and lesse Sophisticall, then against Ca∣nons, from concealment or ignorance, of whole euidence, to inferre a negatiue practise clearely allowed.

* 1.11The Tythes of houses in London no otherwise haue place here, then as they occurre in the Actes of Parliament vnder H. 8. The 52. farthings paide on Sundaies, & the offrings paid on great Festiuall daies, could not properly be reputed among Tithes, neither in regard of their value; for they came to much more: nor in respect of their nature.

[Animad 8] Although the Tything in London be not proper∣ly a Tythe, yet sure it is Nomine Decimae, which is all one: which because of the inequalitie of mens estates, and the vnwillingnesse of men freely to confesse their an∣nuall personall gaine, from their seuerall trades; was appointed by the Common-wealth, to which (it may be to auoide scandall) the Clergie agreed, to place it vpon the Rents of houses: to the knowledge of the value whereof, the Parsons might come, without vrging them to confesse vpon Oath the truth, which in couetous mindes might often haue occasioned periurie.

* 1.12And Lindwood iudgeth the 52. farthings, if not in consideration of the prediall Tythes of houses, yet to be as oblations, which through custome might be due aboue the Tythes; and not (as the Authour would haue them) to withhold the payment of personall Tythes, which were also paid, as in the next Animaduersion may appeare.

* 1.13For the nature of these Tythes of houses, I here of∣fer a discourse, titled, A deuise how the Curates of London may be prouided for of sufficient liuings.

[Animad 9] This Discourse seemes to be a malicious Treatise, grounded vpon that false supposition, that onely Praediall Tythes are due, Which the Authour would seeme to counte∣nance, as if in the Leuiticall law there were no mention of

other Tythes; which although it be true in the precept, in the last of Leuiticus, yet elswhere it is more generally said. Thou shalt not deferre to offer thy Tythes and first fruites, Exod. 22. in the vulgar, and Deut. 12. Decimas & pri∣mitias manuum tuarum, Inferte omnem Decimam. Mal. 3. Sanctifica Decimas tuas,—Da altissimo secun∣dum donatum eius. Eccles. 35. The Pharisee Tithed Ex omnibus quae possideo, Luc. 18. of all that hee had. And because the Schoole doctrine is so much followed by the Authour.

The conclusion of Alensis out of some of those is,* 1.14 Si ergo ex dono Dei possidentur omnia quae acquiruntur, iusto negotio vel arte, de illis decimae dandae erunt, If there∣fore the gaine out of any honest Trade or Art, be possessed by the gift of God, then of them Tythes must be paid. And himselfe Page 163. following these Schoolemen, hath thought such scruples about the difference of personall and praediall Tythes, to haue beene needlessely handled by some, because both are equally due: The Morall law according to them not designing out reall possessi∣ons, to be more subiect then personall profit.

Wherefore it is Absurde that the deuise should inferre, that therefore, by no meanes els there is due any li∣uing to the Priest, but by the consents of the people; and also auerring that the liuing which the Ministers haue had in London, hath beene by the consents of the people, which hath long time giuen them four∣teene pence of euery noble, rated by the rent of hou∣ses. In the time of Roger Niger de Bileye Bishop of London, Circ. Annum 1235.* 1.15 in the Statutes betweene the Rectors of London, and the Archdeacon there,

amongst other offenders, Detentores Decimarum, The detaynors of Tythes in the city of London were excommu∣nicated, Tythes therefore then were vsually payd.

And after, Si contingat aliquem parochianum esse rebellem Ecclesiae suae vel Capellano suo, — non sol∣uendo ijs parochijs oblationes debitas & consuetas secundum facultates suas, nec alia quae ad eum perti∣nent soluere, &c. If it shall happen that any parishioner shall denie vnto their parish Church or the Chaplaine ther∣of, and not pay his due offerings and accustomed according to his ability, or other things which hee ought to pay, &c. And after, Tribus diebus Dominicis post Natiuita∣tem Sancti Iohannis Baptistae, in omnibus Ecclesijs à Capellanis annuatim publice fiat inhibitio, ne quis praediorum siue gardinorum decimam fructuum as∣portet vel asportari faciat, nisi primo Ecclesiae paro∣chiali competenter inde fuerit satisfactum: Three Sun∣dayes before Midsommer day in euery Church yeerely, let an inhibition be publikely made by the Chaplaines, that none carrie away by himselfe or others, his praediall Tythes and of gardens, vnlesse first the parish Church bee meetly satisfied. Tythes therefore to be payd, and offerings were due not voluntary.

* 1.16And in the petitions of the Rectors of London (a∣gainst the Dominicans and Franciscans who much im∣payred their profit) to the Archbishop of Canterbury and the rest of the Bishops then in a Synode; amongst many o∣ther complaints, this is one: Item fratribus confessi, qui, de negotiationibus suis Ecclesiis parochialibus iure Cano∣nico solebant annuatim conferre decimas;* 1.17 à tempore quo confessionibus fratrum se submittunt, modo de∣bito,

nec consueto negotiationes suas decimare non cu∣rant: Also they that confesse to the Friars Mendicants, who before were wont yeerly according to the Canon law to pay Tythes of their trading to their Parish Churches; Now since they confesse to those Friars, they neglect in due and accustomed forme to pay Tythe of their trading. And so in many other complaints re∣membring tithes, besides in the next complaint before this, the Rectors complaine, how that their parishioners, who Diebus Dominicis saltem & festiuis, tenentur visitare Ecclesias parochiales, & in eisdem Sacramenta & Sa∣cramentalia recipere, ac seruitium diuinum deuotè audire, nec non oblationes debitas & consuetas in Mis∣sis solennibus offerre: Ad loca fratrum praedictorum se transferunt, & Ecclesias parochiales suas spernunt & relinquunt desertas, & sic debita iura Ecclesiae qui∣bus antiquitus Ecclesiae sunt dotatae fratribus conferunt, At leastwise on Sundayes and Festiuals are bound to fre∣quent their parish Churches, and to partake the Sacra∣ments and Sacramentals there, and to heare deuoutly di∣uine seruice, as also to offer at solemne Masses due and ac∣customed oblations: Now they goe to the places of these Friers, and scorne and forsake their Parish Churches, and so bestow the due Rights of Church wherewith the Churches were anciently endowed vpon these Friers. Out of both which together, I obserue not onely personall Tythes to be payd; but also offerings, debitas & consue∣tas, vpon Sundayes and Holy-dayes; for which and not the Tythes, the fifty two farthings, according to Rent, it may be were payd; in that they are called due and accu∣stomed, and debita iura quibus antiquitus dotatae Ec∣clesiae,

whereby Lindwoods opinion cited by him, pag. 244. is confirmed, who either thought them payd for the praediall Tythes of Houses, or for vsuall oblations. These petitions of the Rectors, were as I suppose offered to Robert VVinchelsey Archbishop vntill the yeere 1313. for the Sigle of the name is R. and the constitution of Benedict the successor of Boniface the eighth, is called Noua Constitutio, a new constitution; and the Canon at Vienna by Clement the successor of Benedict is not vrged against them.

When the foureteene pence out of euery noble rent began to be payd I know not, and because Lindwood doth not remember it, I suppose it not to be so ancient, though the proportion bee greater then now is practised.

But the deuise reprehendeth the taking Casualties of Burials, Christnings, and VVeddings, &c. Which if they had their true Tythe they would according to the old Canons forgoe. Yet now if they had not such helpes, their infinite paines and care would haue the poorest reward, and the greatest quantity both of persons and estate, must want the greatest blessing of discreet and learned instru∣ction, and pious peaceable deuotion; which without a suf∣ficient and regular proportion of meanes, will neuer be en∣couraged to be fitted for, and fastned to such populous con∣gregations. But the Clergie of London are better able to plead their owne cause, hauing more experience and e∣uidence then my few yeeres and bookes can affoord.

* 1.18The testimonies were chosen by waight not num∣ber, not tooke vp at second hand.

[Animad 10] How his testimonies were chosen by waight not by num∣ber, shall seuerally be examined.

And whether he tooke them vp at second hand, or no, is not materiall to me, if they prooue true; though it deserue commendations for his diligence if hee did not. It is his happinesse that he had the fountaines, the ancient Histo∣rians for his quotations, and therein I will trust vpon his relation; and he shall perceiue by what I write;* 1.19 Apud nos authoritatem patrum viuere eorumque doctrinam in nostra obedientia permanere, That the authority and doctrine of the Fathers and antiquity is obeyed and reue∣renced by mee: Yet not contemning the later writers, whose iudgement I shall preferre before his, which by his leaue, in this argument, shall gaine no strength of truth in me,* 1.20 from his name alone (which I wonder hee should thinke of) but only from those authorities which hee hath designed truely and pertinently out of seuerall olde writings.

I neuer was so farre engaged in this,* 1.21 to torture my brains, or venter my credit, to make or create premis∣ses for a chosen conclusion that I rather would then could prooue.

[Animad 11] I am sorry in this disquisition of Truth (which though he sought I am sure he found not on that part to which hee inclineth) his protestation should not deserue more credit; especially in that part, where hee sayth, that hee did not make or create premisses for a chosen conclusion which he rather would then could prooue; And that his premisses made what conclusions or coniectures he hath and were not bred by them. Against which againe, I oppose this protestation, that whereas hee hath proposed to himselfe the conclusion, That arbitrary con∣secrations were an originall right of the duty of Tiths

and in that consideration would binde mens conscience to abstaine from profaning them:* 1.22 and, Licet nemo faciat optando vt verum sit quod verum non est, tamen si fi∣eri posset optaret vt haec sententia vera esset, as S. Au∣gustine speakes of a truer opinion; Although none by wishing can make that true, which is not, yet if it could be, he would wish that opiniō to be true: yet that by no waighty, or substantiall authority for the premisse; he hath prooued at any time in Christianity, a lawfull right of detay∣ning Tythes before the duenesse of paying; or, an Arbitrary free disposing thereof Canonically euen in the Translation to other places: without the first whereof, they are not properly Consecrations; and with∣out the second not Arbitrary.

Concerning infeodations, appropriations, inuesti∣tures, &c. Whether his premisses inferre the conclusion, or shew the will of his weakenesse, shall in the seuerall pas∣sages be left to the iudicious Reader. And by that I hope which shall be proposed, the old way, which is the good way, the common and true opinion, had better through patient idlenesse (as he calls it) haue beene defended, then after a new course of disquisition to haue come not so much as to the base Court of Truthes Sanctuary, but euen to a toilesome maze of error: It had beene better to haue beene an Apodeictick then a Scepticke.

* 1.23For the performance in the behalfe of the Cler∣gie, &c.

[Animad 12] His performance in the behalfe of the Clergie, in colle∣cting so much humane positiue lawes, for the payment of whole Tythes, is so farre worthy commendation; in that it sheweth the consent of so many wise assemblies, to the

clayme of Gods right, which yet not from them, but from Gods precept we require of the consciences of men; whom, if we cannot perswade them to be due by the law of God, we must intreat the Supreme Magistrate, the authority and executioner of lawes, by the seuerall penalties to restore the rightfull inheritance of God: And by customes, statutes, or ciuill disposition, not to suffer the rights of Holy Church Gods assignee to be impeached since so many humane positiue lawes haue manifested and offered the diuine right to obe∣dient performance.

I wish that as the lawes themselues especially the more ancient doe professe the Ius diuinum in their constituti∣on, so he had acknowledged it; then his endeuours had beene truely thanke-worthy of the Clergie, and the pro∣posall of such lawes might not haue seemed a Derogation from the diuine right which is claymed, nor this inferior and humane right of positiue Title, haue seemed to pre∣iudice the superior and celestiall sunne shine of diuine inte∣rest. But since his intention was otherwise, the thankes is onely due to his paines, not purpose of producing them, whereout some others may (though hee would not) ground the confirmation of the Truth indeed: which others wisely doe, while they talke of them as supposed due also by humane positiue law of practise, not thereupon groun∣ding an Actio cōfessoria, but ex Condictione ex lege,* 1.24 vel Canone; which both may bee requisite in the same cause, the one to demand a right, the other to require a pe∣naltie.

The Dominican and Franciscan Friers,* 1.25 had they sufficiently thought of the Constitutions and practise of Christian states, &c.

[Animad 13] I wonder M. Selden should say, the Dominican and Franciscan Friers should out of not sufficient thinking of the right by humane lawes, come to the heresie of calling Tythes Almes; whereas it was out of the neglect, as hee acknowledgeth pag. 166. whereby wee may obserue, what issue the Title by humane lawes, were like to haue amongst those, who are as couetous to retaine, as they were greedy to gaine, quibus prae pecuniae charitate iustitia vilis est,* 1.26 who for loue of gaine contemne godlinesse, as S. Augustine speakes. As for Wiccliffe and Erasmus; the errors and grosse liuing of the Times, made them enuie those that rich meanes (as they thought it) whereby not the search of truth, but the prosecution of sensuality and errour was maintained. But although such considerations if they were all true, as, of the owners conueyance, continu∣ance of time, &c. might seeme to inferre a debitum iu∣stitiae, not only charitatis, yet that is but politicke iustice, not alwayes Christian, and signifies no more then as due by common law, which is a lesse tie of conscience, then the due of charity. And therefore they might thinke it no more then as Almes commanded by law, concerning which out of superfluity many of the ancient haue spoke no lesse of the duety: and haue accounted them at least wise vniust, who haue detayned Almes; making charity the Author, but Iustice the reason of the giuing, and haue so interpre∣ted that verse in the Psalme,* 1.27 Dispersit & dedit pauperi∣bus iustitia eius manet, &c.

* 1.28VVhat doe they else when they confound Tythes and consecrated lands together.

[Animad 14] They that confound Tythes and arbitrarily consecrated lands giuen to the Church; in applying the same originall

right to both, erre in my opinion, if any such be. Saint Am∣brose knew well how to distinguish betweene a Church, and other inheritance,* 1.29 Inter agros Ecclesiae & Basili∣cam; the like must we make betweene lands and Tythes; nay and more, God hauing a right to Churches in that they are made his, though neerer, by dedication; but in Tythes because they are the Retribution to his proui∣dence, the tribute to his power, the reseruation out of his liberality, his owne, challenged, due inheri∣tance.

This History hath by distempered malice,* 1.30 igno∣rance, or iealousie, beene cried downe in corners.

[Animad 15] Sure their malice had more discreete temper, and their Ignorance more solide learning, and their iealousie more discouered reason who cried downe his booke in corners, then distempering selfe conceipt will acknowledge: their malice, was but the hate of falshood, their ignorance but the modesty of not writing, and their iealousie, but the prophesie of what is too true: but how euer they would not I meane openly to crie out against it, if not crie it downe, without malice, though it may bee more ignorantly then those whom his words may intend: and not out of iealou∣sie, but out of perfect knowledge of the ill consequence of his booke in the maintenance of the Clergie: although hee compare his workes to Frier Bacons most noble studies, and Reuchlins and Budes, and Erasmus rare labours, and thinke all blockes to learning, that shall not giue a passing approbation to his curious diligence.

VVhat hath a common Lawyer to doe (so they murmure) with writing of Tithing?* 1.31

[Animad 16] In that a common Lawyer by profession, hath written a

History of Tithes, for my part I condemne him not, nor any other, if the matter were seasonable, and true, and onely a History, and were allowed; yet I could haue wi∣shed he had placed his paines vpon some more pleasing ar∣gument, whereout hee might haue had for malice, prayse, for ignorance, admiration, and no iealousies especially of the church to whom he owes his obedience, to attend his indeuours. I will not define who is the proper agent vp∣on this Subiect. I am sure, that Office, which I vnwor∣thily beare, might haue best interest in all respects, especi∣ally if the ancient duety be considered; which was, in the custody, dispensation, iurisdiction of Tythes amongst other reuenues, besides the capablenesse of possession in him∣selfe, the induction of others into the right of possession, and some other cōueniences. And to that office both Theology and the Canon law should be no strangers: and the em∣bracements also of Philologie, haue not beene denied that dignity, witnesse Petrus Blesensis, Iohannes Sarisburi∣ensis; and before these, that honour of my poore dignity, his Master, and the restorer of learning in my mother the Vniuersity of Oxon,* 1.32 the famous Robertus Pullus, or Pullenus, or Pullanus sometimes Archdeacon of Ro∣chester (as out of an Epistle written by Ascelinus Bishop there, against him, to Eugenius the Third, by conference of other writings, I haue certainely collected) not to name the Historian Henry of Huntington, or Syluester Gy∣raldus Cambrensis with others of our owne countrey. Whence, howsoeuer an Archdeacon, haue not thought it fit to write the History, yet my selfe that haue indeuoured to giue answer to this, may haue sufficient authority against any imputation of my interposing in such an argument.

And thus from these verball Aduersaries, I passe to the more reall obseruations, and Animaduersions on his History, not as a most censorious examiner, as hee requi∣reth, nor yet as an yeelding enemy as he expecteth, but as a friendly admonisher to him, and a forward discouerer to others, of such defects, nay faults, nay falshoods of this confident and ill consequenced Booke.* 1.33 In causa in qua Deo placere cupio, homines non formido, In that cause wherein I desire to please God, I feare not men.

Notes

• * 1.1

  Bernard. ep. 77.
• * 1.2

  Pag. 1.
• * 1.3

  Ad Vespasian.
• * 1.4

  Pag. 2.
• * 1.5

  August ep. 7.
• * 1.6

  Pag. 4.
• * 1.7

  Rom. 2.
• * 1.8

  Erudit. Theolog. lib. 1. p. 11. cap. 4.
• * 1.9

  Page 5.
• * 1.10

  In Epistola ad Carolum Mag∣num citat. p. 70.
• * 1.11

  Pag. 8. Concer∣ning tythes in London.
• * 1.12

  Constitut. de Decimis cap. Sancta. Verb. Negotiatione.
• * 1.13

  Pag. 9.
• * 1.14

  Sum. p. 3. q. 5••. M. 4. Art. 2.
• * 1.15

  Lib. Ms.
• * 1.16

  In eodem Ms.
• * 1.17

  Vide simile a∣pud p. de Vineis lib. 1. ep. 37.
• * 1.18

  Pag. 11.
• * 1.19

  Leo serm. 5. de Collectis.
• * 1.20

  Pag. 11.
• * 1.21

  Pag. 12.
• * 1.22

  August. ep. 28.
• * 1.23

  Page 13.
• * 1.24

  Vide Selden. pag. 151.
• * 1.25

  Pag. 14.
• * 1.26

  Confess. l. 6. c. 8.
• * 1.27

  Psal. 112. v. 9.
• * 1.28

  Pag. 15.
• * 1.29

  O••ttion•• de Ba∣silicis tradend s.
• * 1.30

  Ibid.
• * 1.31

  Pag. 17.
• * 1.32

  In Chartul. Ec∣clesiae Roffens. Vodesis etiam Bernar. ep. 205.
• * 1.33

  Greg. M. Indict. 2. ep. 78.