The Civil Right of Tithes, Ecclesiastical tract · Chapter 21
CHAP. XXIII.
THus for ſixe ſucceſſive Princes Raigns: Under Hen. 5. Hen. 6. Edw. 4. Edw. 5. Rich. 3. and the wiſe puiſſant Hen. 7. nothing being heard of murmure and diſcontent, but all in peace and ſilence. The Canons as in Lindewood, &c. governed the Conſiſtory: Weſtminſter ſent to controul as often as any noiſe was made of extravagancy, by Prohibition: Some prudent Statutes, as Circumspectè Agatis, Articuli Cleri, &c. had bound their hands too, that they might not ſend as oft as they would, but when abuſe called for remedy; And ſo things went on in Harmony for juſtice, peace, and order through this intervall: Laws already made were obeyed, and more were not made, becauſe thoſe that were, were both for their end ſufficient, and ſet in a way to have ſure execution.
But now in that general Earthquake when this Earth was moved, and all the Inhabitants thereof, though ſome Men ſtood, and ſome Parts were not overthrown, When the turbulent paſſions of that mighty and boiſterous Prince left nothing untouched or unſhaken, and that ſome might ſeem at leaſt to ſtand the faſter, other parts were thought fit to be quite pulled down; yea, buried and intombed under the ruines of their own glory, as 'twere by the fatality of Jerichoes curſe,Ioſh. 6 26. Never more to be reedified, Maledictus vir ille coram Jehova, qui ſurget ut aedificet, &c. yet even Then was no prejudice offered nor diminution made of this part of Eccleſiaſtical Revenue, or Juriſdiction to bring it in, (a great argument of its ſtrength that had over-lived a ſtorm, and ſome neceſſity that it was preſerved when that next was choſen to be caſt away;) But before this great work was done by himſelf and his ſon, divers new ſinews of ſtrength added to confirm all that had paſſed before, as well by clearing the right had been by127 Hen. 8. 20 32 Hen. 12. 2 Edw 6. 13. ſome new Statutes to evidence the juſtice of the claim, as by creating a new power to fetch them in, and inabling (ſecular perſons at leaſt) to ſue for them in their own Court, the new Statute way: Not abrogating the Eccleſiaſtical, but giving choice of this; Pointing to a new remedy beſides the old, (as2So is interpreted and uſed, and of force that of 2 Edw 6. 13. commonly underſtood, though ſome doubt3That the cla…ſe of treble damages in 2 Edw. 6 13. is to be ſ…ed in the Eccleſiaſticall Court onelyonly: See Dr. Ridleys view of the Laws, par. 3. chap. 2. ſect. 5. That Cuſtomes in payment of tythes are t…able onelyonly in the Eccleſiaſtical Courts, was averred to be proved before by him, Sect. 3 and ſee hereof the Proviſo tranſcribed below. rationally,) But for certain not deſtroying That utterly: For the4And that for ſubtraction of any of the ſaid tythes, offerings, or other duties, the Parſon, Vicar, Curate, or other party in that behalf grieved may by due proceſſe of the Kings Eccleſiaſtical Laws of the Church of England convent the perſon or perſons ſo offending before his Ordinary or other competent Iudge of this Realm, having authority to hear and determine the right of Tythes, and alſo to compel the ſame perſon or perſons offending to doe and yeeld their ſaid duties in this behalf. 27 Hen 8 12. And in caſe any perſon or perſons of his or their ungodly & perverſe will and mind, ſhall detain or with old any of the ſaid tythes or offerings, or part or par…el thereof, then the perſon or party bring Eccleſiaſtical or Lay perſon, having cauſe to demand, or have the ſaid tythes or offerings, being thereby wronged or gri…ved, ſhall and may convent the perſon or perſons ſo offending, before the Ordinary, his Commiſſary or other competent Miniſter, or lawfull Iudge of the place where ſuch wrong ſhall be done, according to the Eccleſiaſtical Laws. And in every ſuch caſe of matter or ſuit, the ſame Ordinary, Commiſſary, or other competent Miniſter or lawfull Iudge, ſhall and may by vertue of this Act proceed to the examination, bearing, and determination of every ſuch cauſe or matter ordinarily or ſummarily, according to the courſe and proceſſe of the ſaid Eccleſiaſticall Laws, and thereupon may give ſentence accordingly. 32 Hen. 8. 7. often mention of it upon other occaſions as well as this, with a clauſe of Proviſo5And be it enacted by the Authority aforeſaid, that if any perſon do ſubtract or withdraw any manner of tythes, obventions, profits, &c. that then the party ſo ſubtracting and withdrawing the ſame, may or ſhall be convented in the Kings Eccleſiaſticall Court by the party from whom. &c. to the intent the Kings Judge Eccleſiaſticall, ſhall and may, then and there bear & determine the ſame according to the Kings Eccleſiaſtical Laws. And that it ſhall not be lawfull unto the Parſon, Vicar, &c. to convent or ſue ſuch withholder of tythes, obventions, or other duties aforeſaid before any other Iudge then Eccleſiaſtical. 2 Edw. 123. inſerted to fence all from violation, ſhews plainly that K. Henry meant what he did, and none ſhould or could croſs his purpoſe, ſc. though the Pope went off to keep the Church-power up, and though the Abbies went down, yet Tythes for the ſupport of Religion Muſt Not be medled with. Such power I mean as might begin and end its motion wholly within it ſelf, like the wheels of a watch that keep themſelves going by help of a Spring at home▪ needing no power from abroad, not of a clock whoſe moving weights are without, and ſo liable to the inconvenience of forain diſturbance: or as the higheſt ſphere of all, Primus Motor, that keeps it ſelf a going by it ſelf meerly, not like the inferiour that wait on ſuperiour influences; Such power, and the Juriſdiction of Tythes therewith and thereby, and the right of Tythes by conſequent, yea, in Statute words expreſſed, not needing any derivation, He kept up in vigour, life, ſtrength, and quickneſs, as it was of uſe; And as well the Records preſerved as other means of information obvious enough do aſſure, that to his time, through his time, in it, and on this ſide the Law continued, which ſettles all, to ſettle theſe, and leave them ſettled, an indefeaſible inheritance to us their unworthy poſterity: And as they were left, ſo I hope for Gods glory, and the maintenance of his ſervice and ſervants, (the labourers that bring in His Harveſt) they ſhall not but always continue to all ſucceeding generations. For, Who hath despiſed the day of ſmall things? ſays the Lord in the1Zach. 4. 1. Prophet: Or, who can deny but ſmall things may be of great uſe and conſideration in the greateſt, ſith by Divine appointment Badgers skin and Goats hair 2Exod. 25 4, 5.were offered acceptably to the building of a holy Tabernacle, whereby, was intended the great God of All ſhould be honoured and ſanctified? That Lord (Dominus 3Pſal. 24. 1.cujus eſt terra & plenitudo ejus) who 4Matth. 21. 3.deſpiſed not a convoy of the meaneſt and ſimpleſt of beaſts for his perſon on earth, ſeems Still to Need the vile things of this lower world to ſet forth his glory in this vile and lower world, and if any one ſay ought to the contrary, or in froward oppoſition, ſay ſtill, as then, the Lord not onelyonly uſeth, but hath need of them: His ſervants, though His, live yet by bread, if men, as well as by every word that proceedeth out of His mouth, their Lord and God. And ſith, Though Jehovah could not be pulled out of Heaven by extinguiſhing any of thoſe Lamps that burned to his honour in the Temple of the Lord at Ieruſalem, yet his wiſe old ſervants knew that unleſs their care, coſt, and love did procure profane oile from Syria and Arabia, Thoſe Lampes (with his honour) would go out on Earth, which made them contrive, purpoſe, and do accordingly; Even ſo, ſith the nature of things is ſtill the ſame, unleſs there be left ſuch loving and diſcreet followers of his now, by whoſe vigilance, induſtry and care, ſome conſtant ſupply may be apportioned, and iſſued forth for the maintenance of the outward part of his honour and ſupport of his Goſpel, and thoſe ſervants of his that do his pleaſure in holding it forth (foreign,Rom. 13. 6. Miniſters that attend this very Thing,) It is not without the compaſs of manly and Chriſtian fear to be jealous, leſt the light and brightneſs of the glorious Goſpel of Jeſus Chriſt, (now ſhining in the faces of all men, though not reaching to their hearts, it is much to be doubted, much leſs returning fruit in their anſwering upright lives,) ſhould (which God forbid!) be extinguiſhed upon Earth by our negligence and parcimony, though his Deity we truſt ſhine now in Heaven, and ſhall, and ever, above the brightneſs of the Sun, and beyond all Eternity. Wee hold God to be the end of the ſoul, Truth the way leading to it and Him; The Church the pillar and ground of truth, to hold it out in view to the world, (this we are ſure of, foreign,1 Tim. 3. 16. the Apoſtle tels it us,) and the publick Miniſters are the Churches ſervants: If then theſe ſervant ſhall do that work in holding forth this truth to guide to that end, They (being Men) muſt not have their daily allowance of Bread withheld from them, which keeps them hayl and ſtrong, that they may live and be Able to follow their buſineſs; or if it be, the bottome foundation fails, and the whole frame muſt be left to ſink and ruine with it for want of ſuſtenance, or underſuſtentation: Unleſs by an unhallowed preſumption we dare go on Tempting God in ſtead of Truſting him, ſtill urging him to do, and expecting he ſhould do, even ordinary miracles for our extraordinary preſervation (and then daily miracles would ſcarce be any wonders,) putting him upon more work yet, after his Conſummatum eſt, to multiply loaves for his improvident Diſciples, and leading him once more out of the way into the Wilderneſs, to lead us out of the path of his ordinary courſe of Providence to expect food from Heaven, when there is plenty enough upon Earth: Which if, and the boldneſs of our unreaſonable preſumption rather then well-inſtructed Chriſtian faith, could be content to put upon Him, Whether yet his ſervants who are to do the work, and being party to the whole had need of ſome liberty of choice for refuſal of the conditions, could be content to accept for enough for their parts, and hardy enough to truſt to as their ſufficient Viaticum for this convoy and their journey, may not, (conſidering their humane frailty,) be without ſome doubt:I have led you forty years in the Wilderneſſe: your cloathes are not waxen old upon you, and thy ſhooe is not waxen old upon thy foot. Deu. 29. 5, As in the ſpace of forty years to hope for no reparation of cloaths, nor to put on a new ſhooe in half an age, and go provided with nothing but naked poverty to carry them through a dry and barren Wilderneſs, (where no water is,) Hungry and Thirſty, their ſouls fainting in them? Yes, They will; queſtionleſs, This and more, if they be called and compelled thereto;See Chap. 8. 4 Ne. hem. 9. 21. if the enemies of God will deny them the way, and the condition of things in an orderly Diſpenſation of Providence lead them to want as well as to abound: But all the friends of God will rather guide and help them in the direct right way to their Canaan, Neither denying them bread and water for their money, as1Deut. 2. 27, 28. 30. the curſed Amorites did, (but were after ſufficiently plagued for it,) nor money, if needfull, to buy them what they want for their comfort in the way; It being one of the moſt reaſonable things in the world, that they that give Heaven ſhould not want Earth, and They that ſow to us Spiritual Things ſhould not but reap our Carnall. To all which things anſwering and well agreeing, it was therefore religiouſly, piouſly, and prudently, as well as juſtly reſolved by thoſe Councels guided Hen. 8. to diminiſh nothing here, but to keep this ſettled and ancient Revenue of Gods honour free from the touch of ſacrilegious, profane, and imprudent as well as unjuſt hands, That no covetous Gehezi that loved his gain more then godlineſs, ſhould meddle with that belonged not to him: nor greedy unconſcionable Iſraelite with this portion of his Brother Levi, due 2Numb. 18. 21.for his ſervice he ſerves in the Tabernacle of the Congregation, (and as neceſſary for the Common-wealth of Iſrael, as Judahs, Simeons, or Benjamins;) but when every one has enough, he ſhould be free from want, and by as good ſecurity as any other claims his Right by, his Tribe have its Own alſo, (not by benevolence but by Right,) and ſo have occaſion to bleſs the Lord his God for the good land he has given him with the reſt of his Brethren: It being among our Divine Oracles, agreeable to the Laws of Nature, Equity, Reaſon, and Civill Commutative Juſtice, that He that gives ſhould receive;1Matth. 10. 10. Luk. 10. 7. 1 Tim. 5. 18. The labourer is worthy of his reward; 21 Cor. 9. 7.No one going on warfare is to march at his own charge; He that feedeth a flock ſhould eat of the milk of the flock; And as He 3Ver. 14.that waited on the Altar heretofore, did partake of the Altar there, So he that miniſtreth the Goſpel now, ſhould live, foreign, not of the Goſpel, but of the Reward of his good meſſage, or Glad tidings, as4By M. Mede in Diatrib. on the place, pa. 329. hath been ſomewhat Critically, but very Judiciouſly and Soundly obſerved on that Text.
Thus then this Politick and herein wiſe and juſt Prince reſolved, and accordingly gave his minde in ſundry Acts paſſing his ſeal. The firſt whereof (clear enough in it ſelf, and conſequentially much to our purpoſe) was in cutting off Appeals from hence to Rome, and ſo making this Iſland-Church (as having no dependance of abroad,) a perfect Independent Congregation. For ſo it was then judged moſt expedient; that the affairs of Judea ſhould not be ſent neceſſarily to Egypt or Babylon; Jeruſalem might conclude all controverſies that aroſe in the Land where Jeruſalem was, and our Kings Crown being of Circular and thereby moſt capacious form, was large enough to involve and comprehend under it a reſolution of all thoſe difficulties might ariſe under it; And that Therefore all doubts ſhould be referred to him, Therefore all forain Appeals ſhould ceaſe, Whereupon ordered and ſet forth as followeth:24 Hen. 8. cha. 12 1. That this of England was an intire Monarchy: 2. Had ſuffered prejudice by appeals to abroad ſo long, as in Cauſes Teſtamentary, of Tythes, Oblations, &c. 3. It ſhould be ſo no more, but even thoſe cauſes (of Tythes again expreſſed,) be here put to a period: And therefore, 4. Enacted, That All cauſes teſtamentary, cauſes of matrimony and divorce, Rights of Tythes, Oblations and Obventions, (the knowledge whereof by the goodneſſe of Princes of this Realm, and by the Laws and Cuſtomes of the ſame appertaineth to the Spiritual Iuriſdiction of this Realm,) (mark that Parentheſis, and the weight thereof, and this engraven in the inſide of a Law, inferted into the heart of an Act of Parliament, to give the teſtimony certainty of credit, and the thing as much aſſurance to us, as any thing we have, without the Bible; that all ſuch cauſes, I ſay,) already commenced, or happening hereafter, &c. ſhall be examined, diſcuſſed, and definitively determined, as the nature of any of the things aforeſaid ſhall require, (here at home,) With power, command and threat to all to do their duty; Appeals to whom they ſhall be made; and from whom; and where the finall deciſion ſhall reſt; and All in All the Branches before ſpecified: Which does as much as any one Parliament Law can eſtabliſh and aſſure the then power of the Church, and thereby her following Acts, (even about Tythes expreſſed and by name,) and by conſequent the Right and Property that ſhould be at any time the reſult and fruit of all: Which muſt amount to we know what.
In the next year we have more of the ſame nature, in that concluding Proviſo of 25 Hen. 8. 19. (before mentioned) about keeping life in the body of the Provincials (for a while, and till the new could be made) when the Pope the ſeeming Head of them was taken off. All know what dependance had been, and both to compoſition and execution, what influences were formerly derived from that forain power upon thoſe Laws: When the Head is cut off, the lower Nerves uſe (and by conſequent limbs) to loſe all power and motion for want of intercourfe with the brain wherein they were rooted; which might be feared or doubted here reaſonably, and this made it neceſſary to infuſe a new life of power that ſhould ſerve (as then intended,) for a while, to quicken the old body, till a new ſhould be framed by choſen workmen to fit the King better, as to making and execution depending ſolely on his authority. Accordingly done. The mentioned Proviſo ratifies all Canons, Conſtitutions, Ordinances, and Synodals, till the thirty two ſhould have proceeded effectually: If they have ſo done, we have gained enough, (even to this particular,) and1Pag. 145. ſhewed how before: If not, this Howſoever we have gotten, that the ſtrength that is in the Provincials, all of them, Thoſe for Tythes before, and all other, (ſave what ſince revoked, as about Tythes nothing has) ſtands firm and faſt by Parliament Conſtitution, and the evident ſenſe of the words is to the purpoſe of theſe things unavoidable.
But if both theſe be yet remote, or not ſo fully home, wrapping things onelyonly in implying generals (or conſequences) that take in Tythes but implicitly wherein by derivation, (which is always to us fallible) may be miſtake; Come we next to that which principally and fully, and in its finall and clear utmoſt ſcope intends and expreſſes Dueneſs, yea, Makes it, and where the words of the Law give the utmoſt any order can, a purpoſed Right and way for Recovery. Where is that? When the Cloiſters went down and the whole Eccleſiaſtical ſtate was thereby troubled not a little in 27 Hen. 8. Then was it needful, and Then was it done; and Then the right of theſe dues eſtabliſhed, intended to be perpetuall. How appears this? By the Statute made the ſame year, in chap. 20. which (thereon to make ſome judgement by the way) as it is among the next that are neareſt on this ſide toward us, So is it the utmoſt and fartheſt on the other, moſt mens weakneſs of ſight is able to diſcern or reach to the apprehenſion of, and yet they think they ken all, and reach (as they do, as far as they can,) the bottome whereon all is ſettled: But blame them not, their ſight is dim, and being hindred by buſineſs, idleneſs, averſeneſs to the thing, or manifold other ſorts of incumbrances, or diſtractions, that they cannot, or do not purifie or ſtrengthen it, by art, ſtudy, induſtry, and other painfull and labourſome means uſual of ſearching and gaining the truth, they work not beyond the ſphere of their power and ability, making able and fitting judgement of thoſe things, they have not the plain and ſimple knowledge or apprehenſion of, that thereby they may be ſo able and prepared to judge. They are reputed Learned, if they can little more then turn an Almanack, underſtand ſome plain Engliſh Authour, or but have ſeen a Statute, and then, as the Aborigines of Italy, which born and bred there, travailed never far from their ſimple homes, but wonder at all abroad which ſtrangers tell them; Or, as ſome ſimple Ruſticks, who uſed to behold only the hils that incompaſs the valleys where they live, think them to be near the end of the world; if any thing be ſhewed them done beyond the mountains, they dare ſcarce believe a part, and will reſt much perſwaded that, whatever travellers tell them, is, (though they ſay, what we have heard and ſeen, declare we unto you,) little better then well-compoſed fables. For they walk by ſenſe, and not by faith, or that little faith they have, is confined to the things of their own narrow hemiſpheres; Even ſo Theſe, the utmoſt of whoſe knowledge, or higheſt of whoſe poſſible converſation or acquaintance, is but in ſome plain ſimple Engliſh Book, perhaps broken Statute Book, or perhaps but ſome Abridgemement or Compendium (Dispendium, thoſe excellent inſtruments of advancing ignorance, and by help of little coſt or pains inabling ſluggards to know upon the matter as much as comes to juſt nothing,) build certainly and confidently upon this little as if it were All & enough, are reſolute & confident as if there were no more, and if any thing be obtruded or queſtioned farther, they beſtow but their attention or wonder, with1Act. 13 41. Habak. 1. 5. Jewiſh incredulity they will not believe, nay, though a man tell it them: Suſpecting all that is beyond the narrow compaſs of their very ſhort reach, and not much caring if all other ſuperfluities (they eſteem them ſo, becauſe they are not able to judge of them) were buried in the pit of utter forgetfulneſs: As little conſidering that their foundations have foundations, and thoſe yet again other, and other, and under, and yet farther under, and take away either, or the advantage and ſtay of either; the readieſt way is taking to ſtir all, to unſettle the firmeſt, to tumble down the higheſt, to leave order, happineſs, peace, and wealth, buried under a heap of rubbiſh, and the fair piles we now behold and enjoy, even All the fruits of an orderly and adviſed diſpoſition of things intombed under the ſcattered fragments of its own ruine and very confuſion. For old things are not to be caſt away without poſſible inconveniences to new; the foundations unſeen, are ſtill a part of the fair building, yea, do ſupport it; and take away the loweſt, the next ſtill ſinks of any thing, and by degrees All; Even ſo take away the firſt ſettling Laws, the under-praeſtructions whereupon things had their firſt ſettling compoſition and ſtay, the reſt totters, and may expect ere long ruine in a State; Particularly for tythes, their faſteſt and moſt ſolid ſtrength ſeems below in the old unſeen acts of gift and firſt diſpoſition; the new can be never but a fair and preſently uſeful declaration, to ſet out uttermoſt to the ſight of the world, and as the paint that ſhines for people to gaze upon; the ſtrength of the wall and houſe both is in the incloſed materials and rocky foundation. Yet becauſe theſe are of great eſtimation with the multitude, and ought indeed to be of ſome with All, I ſhall not ſhun to give them intire, in the opinion of the many enough to create a right, if nought elſe were, as if nought elſe were, perhaps they might: But as now things ſtand, are ſo far from doing it effectually and onelyonly, that they do it not in any degree; Any more then if a preſent Act ſhould be made about Fines and Relieves, the next age might think it gave the Lord that Right we know he enjoys already; Or, as a new Act about Quit-rents and Herriots ſhould be miſtaken to raiſe or warrant the things no man but knows had right before; (The moſt in addition any new order can doe being but to rectifie, diſpoſe, or ſettle ſome new courſe about the things ſo due already, that 'tis that injury comes near a Theft, to ſubtract or deny the juſt payment of them:) So the following later Statutes nor do, nor can any more but to revive, quicken and eſtabliſh the ancient right of tythes, (extant and of long being before,) awaken mens dulneſs, inforce their payment, remove obſtructions that have grown in by corruption with time, and make that which is ſhine brighter and fairer by the fourbiſhing over of a new and freſh authority; Their dueneſs being that theſe ſtatutes did never intend to meddle with, infringe, further, help, nor hinder, but they were what they were before; and it were one of the moſt pitiful pieces of Ignorance befitting onelyonly the Vulgar heard of unlettered Simplicians, and deſerving rather commiſeration then the exerciſe of any of our manly paſſions to entertain a thought to or toward the contrary. What! that theſe later Statutes created tythes! Made them due! Gave them! that their abrogation ſhould have a poſſibility of taking them away! and what the ſervice of God has to truſt to by virtue of their promulgation! This is ſuch a ſhallow conceit is onelyonly worthy the weak brains of the multitude, where onelyonly it poſſibly could be hatched or can be tolerated or indured; no more excuſable then if any ſhould ſay, Aristotles Aſtronomy gave the Sun a being in the Firmament, or Charta Forrestae firſt ſet up Game, or a preſent Law, if it ſhould diſpoſe of, did erect Parks, and Chaſes, or a new order about Eſcheats or Mortuaries, the next miſtaken Age might interpret to give them being and firſt beginning. But to the words of the Statute, which both in the beginning and progreſs have dueneſs of Tythes exiſtent and then in being ſuppoſed, and they are as followeth.
For…ſmuch as divers numbers of evil diſpoſed perſons inhabited in ſundry Counties,Tythes ſhall be paid according to the Cuſto…e of the Pariſh, &c. Cities, Towns, and places of this Realm, having no reſpect to their duties to Almighty God,27 Hen 8. cap. 20. but againſt Right and good Conſcience, have attempted to ſubtract and withhold in ſome places the whole, and in ſome places great parts of their Tythes and Oblations, as well perſonal as predi…l, Due unto Almighty God, and holy Church; and purſuing ſuch their deteſtable enormities, and injuries, have attempted in late time paſt, to diſobey contenm, and deſpiſe the proceſſe, laws, and decrées of the Eccleſiaſtical Courts of this Realm, in more temerons and large manner then before this time hath béen ſéen: For reformation of which ſaid injuries, and for unitie and peac to be pre…erved amongſt the Kings Subjects of this Realm, our Soveraign Lord the King, being Supreme Head in Earth under God, of the Church of England, willing the ſpiritual rights and duties of that Church to be preſerved, continued and maintained, hath ordained and enacted by Authoritie of this preſent Parliament, That every of his Subjects of this Realm of England, Wales, and Calais, and the Marches of the ſame, according to the Eccleſiaſtical Laws and Ordinances of his Church of England, and after the laudable Uſages and Cuſtomes of their Pariſh, or other place, where he dwelleth, or occupieth, ſhall yéeld and pay his Tythes, and Offerings, and other duties of holy Church, and that for ſuch ſubtractions of any of the ſaid tythes, offerings, or other duties, the Parſon, Vicar, or Curate, or other partie in that behalf grieved, may by due proceſſe of the Eccleſiaſtical Laws of the Church of England convent the perſon or perſons ſo offending before his Ordinarie, or other competent Iudge of this Realm, having authoritie to hear and determine the right of tythes, and alſo to compel the ſame perſon or perſons ſo offending to do and yeeld their ſaid duties in that behalf.
This was the Legiſlative part: follows order in caſe of contumacy, that the Ordinary or other Judge ſhal crave the aſſiſtance of the Juſtices to attach the party, and commit him to ward, till he ſhall recogniſe to yield quiet obedience, &c. Provided that this extend not to London, who were to have a way by themſelves: nor to hinder any remedy by due prohibition, &c. Nor any thing to continue longer then till the new Canon ſhould be made, which is not yet done, and whereof before enough. Mark the whole Tenour; Is here any thing of giving Tythes? Of wronging any man of a Farthing by a new and forced Impoſition? Of removing from one to ſettle on another? To enrich Peter by taking from Paul? Not a ſyllable. But all upon ſuppoſition, that ſomewhat was due before; Let that be paid; or if not, the allowed ancient courſe is awakened and quickened for recovery. So 'tis onelyonly a Declaratory Law, as Sir Edward Cook ſpeaks often upon like occaſion, renewing what was, and rowſing up the dulneſs of perverſe and covetous men to pay, who were found backward; but this was a goad to force them on forward in the way they had went, and wherein they ought to go. It were a diſparagement to have here a Right ſettled to the Thing, and to it in our opinion, (yea, to our opinion it ſelfe) to think ſo.
But it ſeemeth things went not on by help of this new Law fully according to deſire: The Times were we know troubled, and many other Rights being both unſettled and removed, no marvell if theſe (Neighbours to them) were alſo ſhaken. Divers no doubt wiſhed them more then ſo, quite down, the mouthes or rather Gulphs, or rather then both helliſh depths of ſacrilegious and covetous carnal men having never been but wide open to devour what ever was ſacred, and here ſtood gaping to ſwallow this morſell none of their Own, but due to man in Juſtice, as well as to God for Religion, and by Dedication. For going on to ſubtract the juſt payment, the complaint is evident, inſhrined in the ſacred Monuments of the Law it ſelfe, and entered the Parliament Roll for memory, with what the wiſedom of that Councel (the Repreſentative of the Nation) could afford for remedy of ſo large a ſpreading inconvenience. It was intended chiefly for the new Impropriator inabling him being Lay to make his Complaint in the ſpiritual Court, but reaching in all other alſo; with intent to let him in with them, by no means purpoſing to ſhut or let both out, and though with due reſtraint at firſt to that examen onelyonly, yet Evaſions were after found that both have uſed to go out, where no more was intended but to let one in. The Law ſpeaks as followeth.
How Tythes ought to be paid, and how to be recovered being not paid.
Where divers and ſundry perſons inhabiting in ſundry Counties and places of this Realm,32 Hen 8. cap. 7. and other the Kings Dominions, not regarding their Duties to Almighty God, and to the King our Sovereign Lord, but in few years paſt more contemptuouſly and commonly preſuming to offend and infringe the good and wholeſom Laws of this Realm, and gracious commandments of our ſaid Sovereign Lord then in times paſt hath been ſéen or known,Mark: Laws, duties, and lawfull Tythes. have not letted to ſubtract and withdraw the lawfull and accuſtomed tythes of Corn, Hay, Paſturages, and other ſort of tythes and Oblations commonly due to the Owners, Proprietaries, and Poſſeſſours of the Parſonages, Vicarages, and other Eccleſiaſtical places, of and within the ſaid Realms and Dominions, being the more incouraged thereto, for that divers of the Kings Subjects being Lay perſons, having Parſonages, Vicarages, and tythes to them and their heirs, or to them and to their heirs of their bodies lawfully begotten, or for form of life or years cannot by order and courſe of the Eccleſiaſtical Laws of this Realm, ſue in any Eccleſiaſtical Court for the wrongfull with-holding and detaining of the ſaid tythes or other Duties, nor cannot by the Order of the Common Laws of this Realm have any due remedy againſt any perſon or perſons, their heirs or aſſignes, that wrongfully detaineth or with-holdeth the ſame, by occaſion whereof much controverſie, ſuit, variance, and diſcord is like to inſurge and inſue among the Kings Subjects, to the great detriment, damage, and decay of many of them, if convenient, and ſpéedy remedie be not therefore had and provided.
Wherefore it is ordained and inacted by our ſaid Sovereign Lord the King, with the aſſent of the Lords Spiritual and Temporal, & the Commons in this preſent Parliament aſſembled, & by Authority of the ſame, that all and ſingular perſons of this his ſaid Realm, or other his Dominions, of what eſtate, degrèe, or condition ſoever, he or they ſhall fully, truly, and effectually divide, ſet out, yield and pay all and ſingular tythes and Offerings aforeſaid, according to the lawfull Cuſtomes and Vſages of the Pariſhes and places, where ſuch tythes or Duties ſhall grow, ariſe, come, or be due. And in caſe it ſhall happen any perſon or perſons of his or their ungodly and perverſe will and minde to detain or with hold any of the ſaid tythes or Offerings, or part or parcell thereof, then the perſon or party being Eccleſiaſtical or Lay perſon, having cauſe to demand or have the ſaid tythes or Offerings, being thereby wronged or grieved, ſhall and may convent the perſon or perſons ſo offending before the Ordinary, his Commiſſary, or other competent Miniſter, or lawfull Iudge of the place where ſuch wrong ſhall be done according to the Eccleſiſtical Laws.
And ſo on to the Appellants paying Coſts before he remove the Sute; Order to call in the Magiſtrates help in caſe of contumacy; ſaving Lands diſcharged of Tythes, and the City of London, &c.
This is that clearly is, and if there we no more, one would think, enough to ſettle as far as an Act of State or publick Decree can, both a right and a courſe of Juſtice, that men ſhould both be apportioned theſe Dues, and know how to come by them; of which yet I remember my word before, and far deeper is laid, and upon more firme, and lower, faſter ground then any ſingle tottering Act the Foundation of this Right, which ſettles not but upon (or with) the whole body of immovable Fundamentals of the Kingdom, is claſped in with the Roots of Government, hath grown up with it through all her known progreſſes to the preſent State of perfection, is fleſh of her fleſh, bone of her bone, nor can, is much to be feared, without mortal violence admit a partition and ſegregation: ſuch, as if mens private parcimony and pinching, wretched Covetouſneſs, joyned with improvidence and injuſtice, ſhould go on to call for ſo great a miſchief upon themſelves, would indanger to ſhake the frame of the whole Compages, and by the ſame unadviſed Principle of its unjuſt and violent removal leave little conſtancy or aſſurance of any thing. Which great Poſſeſſours had need chiefly to look to, and prevent if they can, upon any pretence; as of eaſing poor men of their heavy burdens, preventing Troubles uſuall in ſeparation, hindering coſtly Suits formerly multiplied, wherein Chriſts Miniſter had ſometimes the hap or favour of Juſtice, and to get the better of his wrangling adverſarie, that will remove the ancient Land-mark, will remove any; they which complain of this Impoſition may ere long think others heavy; that will unſettle one property will unſettle another. None is more rooted then this, hath its armes and fibres diſperſed through the whole body of the Laws Common Law, Canon Law, the Statutes, the Conquerours, S. Edwards, King Edwards, (the one paſt, the other to come) and hath indeed over-lived all the mutations and revolutions of State that have been ever ſince here we have account of any thing. Good Engliſhman take heed in time, thy lot is fallen to thee in a fair ground, yea thou haſt a goodly heritage, if thou canſt be contented, thankfull, quiet, ſerve God, and give every man his his Due.Gen. 34. 21. As Hamor and Shichem to the ſons of Jacob, The Land behold it is large; Here is enough for every one, if we can do as we would be done unto, give every man his Own, and ſuffer the Law to be maſter and onelyonly ſafe Rule▪ to walk by; I am thine own fleſh and bloud, and cannot but love thee, (yea, my ſelf in thee,) with ſuch tears of love I beſeech; Let no grating Incroachments procure mutual Trouble and moleſtation; Let not cruelty, covetouſneſs, ſelf-love, pride, malice, diſcontent, or pining envy that another man ſhould have more then our ſelves, that another ſhould have as much as our ſelves, that Gods Miniſter (our Governour in the Lord) ſhould have an Own with us, (his known and granted Due,) prevail, leaſt we wrap him with our ſelves in miſery and wo, and all together in rage, fury, trouble, war, and by theſe wofull ſteps at laſt, temporal if not eternal confuſion. If the publick had paſſed any thing to the contrary, This would alter the caſe; But I ſpeak as Things are.