The Civil Right of Tithes, Ecclesiastical tract · Chapter 16

The Civil Right of Tithes · Ecclesiastical tract · Chapter 16

p. 110CHAP. XVIII.

STEP we next into the Church, but by degrees, and taking in ſome ſuch things by the way, as could not have found ſo fitting place elſewhere: As namely,

1. Remembred be it, that Tythes were payed under the Conquerour: They were ſo; For as well11Chap. 10. pa. 279 &c. M. Selden hath it in divers particulars from the moſt authentique account of this Lands Survay repreſented in Domus-Dei Book, (others agreeing, and enlarging his proof:) As22Ad An. 1074 pa. 8. & vid. Selden. ad Eadmer. Hiſtor. pa. 168. And for after, ſee the complaints, (ſuppoſing payment) in Iohn of Chartres. De nugis Curial. lib. 7. cap. 21. Matth. Paris conſents, in thus relating a diſmal Tragedy acted under William the firſt, about forcing Prieſts from their wives; They, ſaith hee, (the Prieſts) grew ſcandalous, the people roſe up againſt th…m, Lay-men fell aboard with the Sacraments, Any would adminiſter Baptiſm, and then went Tythes to wrack: Decimas etiam Presbyteris Debitas igne cremant: They acknowledged their Dueneſs, but of malice they ſet them on fire, loth the ſcandalous married Presbyter ſhould have any good by them, and yet afraid it ſeems to meddle with them for common profane uſe; And they that did ſo, in the next words we find treading the Sacrament under their feet.

2. Own, as about this time owned that Law of K. Edgar, avowed after by K. Knoght or Knout, and33L. Hen 1. c…. 1. among the additionals to M. Lambard: whereof before, pa 84. & pa. 8…. now renewed by the Norman Hen. 1. for rule, penalty, and order for execution: And this here aſſured from the beſt means of p. 111information, a double entry thereof in the Exchequer Book, among the faireſt teſtimonies extant of the Land.

3. Adde, not mentioned before, that which reſembles a Parliament in the ſame King (Hen. 1.) days, aſſembled at Weſtminſter about the beginning of his Raign; where, for ſtating divers things then raiſed in doubt, among others was ordered11Eadmer. Hiſt. Novorum, lib. 3. pa. 68. Thus: Ʋt decimae non niſi Eccleſiis dentur: Let Tythes be paid to none but Churches; Suppoſing their Dueneſs, but limiting to whom they ſhould be paid: They might Not but to the Church, Therefore There they Might; elſe the ſuppoſition had been a vanity, and the publick voice ſaid as good as nothing. Darkneſs ſeems to be over the meaning, (or what ſhould be the import,) but light may be borrowed from the ſtate of things then about; and I conceive of it and them thus. Then was not onelyonly ſtarted, but in a warm C…afe, the great doubt between the Secular & Regular States, about the due and immediate Receiver of Tythes▪ (not the Dueneſs, but the Due receiver;) and the claim parted between two, the Church & the Monaſtery: The laſt might have heard22Serm. de Temp. 218. Saint Auguſtine, ſhould ſay, Decimae ſuns tributa egentium animarum, (after33Cauſ. 16. Qu. 1. cap. 66 And a… home in Excerp. Egberti. Can. 100▪ much to the ſ…me. taken into the Canon Law,) Redde ergo Tributa pauperibus, Libami…a ſacerdotibus; And the44Res Eccleſiae ſunt vota fidel…ū, patrimonia pauperum. C…gitut. Carol. lib. 1. ca. 83. Capitularies, That they were the vows of the Faithful, and the patrimony of the poor: Hence allowing the Churches claim indiſputable, They might There, In ſignum univerſalis Domini, They doubted whether they might not alſo be paid in to the Monaſtery, and that duty of a Reall confeſſion of a Deity be ſufficiently diſcharged in giving to Themſelves, the poor▪ that whereby they might as well confeſs and acknowledge a Divinity and high Providence by, as by giving to the other Church-men? Now how votes the Aſſembly? Ʋt 55Vid. Gratian▪ Vbi Sup. ca. 57. & 59. agreeably.Monachi Eccleſias non niſi per Epiſcopos accipiant, afterwards, That none receive what was the Churches, but by the Church; (and then66… ſibi datas (Eccleſias) ita expolient ſuis redditibus, ut Presbyteri ibi ſervientes, in iis quae ſibi & Eccleſiis neceſſaria ſunt, penuriam patiantur. Eadmer. Vbi Sup. not to ſhave ſo cloſe, that the labouring Miniſter might be to ſeek of wherewith to cover his Nakedneſs; a very conſcionable and reaſonable proviſion!) And here, Ʋt decimae non niſi Eccleſiis dentur: That is, Thoſe Tythes that are p. 112paid, and openly known to be due, in excluſion of the Monaſtery (immediatly,) let them be iſſued forth onelyonly to the Church. Another remote, mediate title they might have, that is, in the Churches Right, bringing them in in the Churchway, but of themſelves they may not preſume ſo high to lay any claim. Much more might be ſaid, but this ſeems enough to enlighten the meaning of a dark Law, and as by all ſtates equally and indifferently made, ſeeming to be univerſally binding: For it was not onelyonly a Synod, but11Anno dominicae incarnationis 1102, tertio Regni …enrici glorioſi Regis Anglorum, ipſo annuente, celebratum eſt concilium in Eccleſia B. Petri in occidentali parte juxta Lundoniam ſita, communi conſenſu Epiſcoporū & Abbatum, & Principum totius Regni. In quo praeſedit Anſelmus, &c. Huic conventui affuerunt, Anſelmo Archiepiſc…po petente à Rege, Primates Regni, quatenus quicquid ejuſdem concilii authoritate decerncretur utriuſque Ordinis concordi cura, & ſolicitudine ratum ſerva retur. Eadmer. Hiſt. Nov. l. 3 p. 67. a part-ſecular-Aſſemby: For, beſides the Royall Authority, there was alſo the Peerage; I will not ſay, the Commons, but Primates Regni, which in ſome ſenſe They may be ſtyled, as the Heads of thoſe they repreſent. Adunatum eſt Concilium; for more firmneſs, both ſtates met, and united their Councels, to give things the more countenance and ſtrength of univerſall authority.

But the chief ſtrength of theſe Dues was in this Interval in the Church, and ſo properly to our days, and the diſcuſſion of them in its own ſphere with Church-men onelyonly: For by this time they had gotten ſuch a ſtrength of credit and reputation, as well as power to be truſted with their own matters, and with the things of Religion, (their proper cure,) Tythes came in, as the ſupport and maintenance, That now, grounding themſelves upon the allowance and permiſſion of the State, they might make Canons for themſelves, and ſee them do execution, make orders for their Dues, and ſend for them in; and that ordinarily they did ſo, is ſufficiently known to all that are acquainted with them, and the then tranſaction of things in this State. Do ye not know that the Saints ſhall judge the earth? (ſaith221 Cor. 6. 2, 3.1 Cor 6:21 Cor 6:3 Paul) And if the world ſhall be judged by you, are ye unworthy to judge the ſmallest matters? Know ye not that we ſhall judge the Angels? how much more the things that pertain to this life! Lower, trifling, periſhing things! Can a man be thought fit for Thoſe, and not for Theſe? Is it like that his diſcretion, learning, judgement, honeſty, and univerſall integrity and ſufficiency, ſhould be an equall match for Heavenly matters, Divine things, Scripture-Oracles, reſerved Myſteries, Articles of Faith and Religion, p. 113and yet he be unfit to determine in a few worldly trifles? Heaven is under his hand, and Earth above him! Theſe and ſuch perſwaſions wrought, it ſeems, upon the reaſon of thoſe times, (to have the Miniſters of Religion intruſted at leaſt with their own,) and thus much farther and out of the way, that the Temporal Courts were then chiefly ruled by Eccleſiaſtical advice, Councellours, and Judges; the Councel Table, Common Pleas, Chancery, Judges Itinerant, and even the Vice-Royes Seat being often filled with thoſe men, whoſe breeding to letters, ſucceſſeful progreſſe in them, gravity, piety, and more then preſumed honeſty, made King and people of all ſorts think nothing ſo well done, as what they would ſet their hands to, and the government of no affairs ſo well ſteered and managed, as what the Teachers of Religion and Men of God, (to whom they had committed the government of their ſouls,) would condeſcend to ſtoop and interpoſe for the conduct and guidance of; But as to Tythes, ſure their Juriſdiction, as things belonging to Religion, was now brought in from the mixt County-Court, and ſettled among them alone, Illâ ſe jactet in aulâ, Authority had ſaid ſo, and given leave; And then, as the Lord of a Mannour having authoriſed his Steward to keep Court, the Acts paſſe with his Authority, though by the others Miniſtery; So though Decrees and Determinations of emergent affairs were agitated by Eccleſiaſtical perſons, and had their ſentence and ſeal by their conſent and mediation, yet the Supream and Univerſal Power having given Commiſſion, the things were authoritatively done, and regularly firmly enough Thence without any uſurpation or irregularity, As in the Common Pleas, Seat of Aſſize or Seſſions, where the Kings Subſtitutes did (whoſoever or whatſoever) firmly enough by his power in his perſonal abſence. Neither was this any wrong to Any: for ſo the publick hand gave out Juſtice, what matter was it,11Vid. Ridley, View of the Laws, par. 3 cap. 2. ſect. 2. pa. 147. which? So the Throne were eſtabliſhed in Righteouſneſs, what matter who the Supporters? So Right were done, which was the Thing whereof came the benefit, what matter who were the Ministers that gave it forth, whether of this ſort or that, one or another? Though a fair preſumption be ſtill p. 114for him that wears the Gown, and turns the Bible; and generally even Humane affaires are thought and found better ſtabliſhed, that have their ſtay by Religion. In fact thus, Here it was ſo: that Cauſes Decimal moved in this ſphere of the Supream Powers Eccleſiaſtical Cognizance and Juriſdiction ſolely, properly and onelyonly; Neither may we henceforth expect, ſave in a glance or by reflex, any memory of Regular diſcuſſion and determination of them ſave in this compaſs: Or, as one Neighbour-Court takes notice of another, the Common Pleas of the Kings Bench, or the Chancery of the Exchequer; So the Secular whether Courts, Acts, Rules, or Deciſions, took notice henceforward no otherwiſe of the dueneſſe or diſpoſition of Tythes, then by a neighbourly Reflexe, as the Admiralty takes notice of Englands Common Law▪ or the County-Court did of the Biſhops Vi…itation.

Here therefore it may not be unſeaſonable to give the Originall of that Court, (which after á thouſand others, would never have been ſo fitly called as by that proper name the Lawyers and the Law called it, of11Glanvill. de legibus Aug. li. 2 cap. 12. 7.—8, 13, 14. 10.—12. 12.—21, 22. Bracton de Except cap 3. ſect. 2. cap. 4. ſect. 2, 3. 7. cap. 10. ſect. 1. Radulph. de Hengham ſum. parva, cap. 8 pa. 105. Fl…t. lib. 5▪ cap. 5. ſect. 50. cap. 26. ſect. 26. cap 28. 10. ca. 30. 1, 2. li. 6. ca. 39. ſect 5 9. ca 44. 6. Stat. de Weſtmin. 2. cap. 5. Circumſpecte Agatis, 13 Ed. 1. Cooks Inſtitut. 2. pa. 487. Doct. & Stud. Dia…. 2. cap. 55. Book of Entries, fol. 488. Curia Chriſtianitatis, or, The Court-Chriſtian,22Our Anceſtors having the Common-wealth before ordained and ſet in frame, when they did agree to receive the true and Chriſtian Religion, That which was before and concerned extern policy (which their Apoſtles, Doctors, and Preachers did allow) they held and kept ſtill with that which they brought in anew. And thoſe things, in keeping whereof they made conſcience, they committed to them to be ordered and governed as ſuch things of which they had no skill, and as to men in whom for the holineſſe of their life and good conſcience, they had a great and ſure confidence. So theſe matters be ordered in their Courts, and after the faſhion and manner of the Law Civill, &c. Sir The. S…ythes Common Wealth, Lib. 3. cap. 11. Vid Cook Inſtit. 2. p 488. agreeable hereto. becauſe Secular things (it ſhould have been ſo) and of humane life being referred to their Regulations elſewhere, where there was bleſſed Law provided for them, The things33Curia Chriſtian…tatis, id eſt, Eccleſiae in qua ſervantur leges Chriſti: cum tamen in …oro Regio ſerventur l…ges mundi. Lynd…wood tit, de foro compet…nt. Gloſſ. Curia. of Chriſt, the affairs of the Church,44Agantur itaque primò debita verae Chriſtianitatis jura, ſecundò Regis placita, poſtremô cauſae ſingulorum. L. H…n. 1. cap. 7. in Lambard, pa. 180. Chriſtianitatis Jura, as they were ſtyled, the ſuper-inducements to the Civil ſtate of Religion and Salvation, p. 115were here ſet a…ide to a ſelect Committee by themſelves, who by their rule ſhould judge of Hereſie, Schiſme, Apoſtacy, Scandal, &c. comparing ſpirituall things with ſpiritual; Neither was the purpoſe of erection, the naturall Juriſdiction, the lawful bounds, or intended firſt power as far as I could ever know or learn, meant of any exceſſe beyond this compaſs: Men might be irregular, and their courſes exorbitant, Themſelves wilde, but this their firſt and intended, allowed path: It may not be amiſs therefore, I ſay, to give the Original of that Court,) its riſe, growth, ſtrength, and firſt power, when and by whom ſet up, and to what likely purpoſe: All which, may not be better ſought then from the very Patent of Erection, which here therefore, (and becauſe it is ſome rarity, at leaſt not vulgarly known) from ſuggeſtion of good credit, I give and exhibite. The Law of Ciroumſpectè Agatis was directed to the1113 Edw. 1. Biſhop of Norwich, and the old Charter upon Record to the22Matth. Par. ad an. 1100. pa. 53. in Hen. 1. Sheriffe of Herefordſhire, yet ſo as either the power and vertue of each was meant to reach to all, or, Mutatis mutandis, ſeverall like Copies were ſent: So here to Remy Biſhop of Lincoln; but it was the mould of all Eccleſiaſtical power. The Charter ſpeaks thus:

Willielmus Gratiâ Dei Rex Anglorum,Cook Inſtit. 4. Of the Iu…i… diction of Courts, cha. 53. p. 259. and ſee M. Selden of Tythes, cap. 14. ſect. 1. and in his Not. ad Eadmer. pa. 167. Comitibus; Vicecomitibus, & omnibus Francigenis & Anglis qui in Epiſcopatu Remigii Epiſcopi terras habent, Salutem. Sciatis vos omnes, & caeteri mei fideles qui in Anglia manent, quod Epiſcopales leges quae non bene, nec ſecundum fanctorum Canonum pracepta uſque ad mea tempora in Regno Anglorum fuerunt, communi Concilio, & Conſilio Archi-Epiſcoporum meorum & caeterorum Epiſcoporum, & Abbatum, & omnium Principum Regni mei, emendandas judicavi. Propterea mando, & Regia authoritate praecipi…, ut nullus Epiſcopus vel Archi-Diaconus de legibus Epiſcopalibus ampliùs in Hundretto placita teneant, nec ca…ſam quae ad regimen animarum pertinet ad judicium ſaecularium hominum adducant, ſed quicunque ſecundum Epiſcopales leges de quacunque cauſa vel culpa interpellatus fuerit, ad locum quem ad hoc p. 116Epiſcopus elegerit, & nominaverit, veniat, ibique de cauſa ſua respondeat, & non ſecundum Hundrettum, ſed ſecundum Canones & Epiſcopales leges rectum Deo & Epiſcopo ſuo faciat. Si verò aliquis per ſuperbiam elatus ad juſtitiam Epiſcopalem venire nou voluerit, vocetur ſemel, & ſecundo & tertiò; quod ſi nec ſic ad emendationem venerit, Excommunicetur: Et, ſi opus fuerit, ad hoc vindicandum, fortitudo & Justitia Regis vel Vicecomitis adhibeatur: Ille autem qui vocatus ad Juſtitiam Epiſcopi venire noluit, pro unaquaque vocatione legem Epiſcopalem emendabit: Hoc etiam defendo & authoritate mea interdico, ne ullus Vicecom. aut praepoſitus, aut Miniſter Regis, nec aliquis Laicus homo de legibus quae ad Epiſcopum pertinent ſe intromittat: nec aliquis Laicus homo alium hominem ſine Juſtitia Epiſcopi ad judicium adducat; Judicium verò in nullo loco portetur niſi in Epiſcopali ſede, aut in illo loco quem ad hoc Epiſcopus conſtituerit.

This is by good information the erection of the Court-Chriſtian: Before which, things (Tythes) were handled in Conjunction with other matters, at one meeting under ſeverall perſons; but here their Juriſdictions were parted. There ſeems obſervable in this Conceſſion:

1. That the Royal power acts, and derives this Authority and leave to exerciſe Juriſdiction, and where, and how far, from it ſelf: Mando, & Regia authoritate praecipio. For Quis? Who is to grant here 11Ipſe Dominus Rex, qui ordinariam habet Iuriſdictionem, & dignitatem & poteſtatem ſuper omnes qui in regno ſuo ſunt: Habet enim omnia jura in manu ſua quae ad Coronam & Laicalem pertinent poteſtatem; & materialem gladium, qui pertinet ad regni gubernaculum; habet etiam Iuſtitiam & Iudicium quae ſunt Iuriſdictiones, ut ex Iuriſdictione ſua, ſicut De… miniſter & Vicarius, tribuat unicuique quod ſuum fuerit. Habet etiam ea quae ſunt pacis, &c. Habet etiam Coertionem, &c. Item habet in poteſtate ſua leges & conſtitutiones, &c. Nihil enim prodeſt jura condere niſi ſit qui jura tueatur. Habet igitur Rex hujuſmodi jura five juriſd…ctiones in manu ſua. De acquir. rerum dom. cap. 24. ſect. 1. fol 55. For he was under God ſole Monarch: and ſo though he might not exerciſe all powers, it might be fit he did dispoſe of all powers, as to rule Preachers, though he did not preach: and ſo eaſe his ſhoulders by laying the burden of Duty upon whomſoever he ſhould think fitteſt. He ſhould have been everywhere, but ſith he cannot, ſaith the ſame Authour, of Delegations: Si ipſe Dominus Rex ad ſingulas cauſas terminandas non ſufficiat, ut levior ſit …lli labor, in plures perſonas par…ito onere, eligere debet de regno ſue viros ſapientes, & timentes Deum, in quibus ſit veritas eloquiorum, & qui oderunt avaritiam (quae inducit cupiditatem) & ex illis conſtitue…e juſtitiarios, &c Id. de Action. 10. 1. fo. 108 This very Patent is alledged by M Selden, as an inſtance of the Kings Supremacy, in all cauſes, over All perſons. Ad Eadmer. Not. pag. 166.Liberties but the King? p. 117ſays Bracton: He ſpeaks it of Lay, but who ſees it not to be fairly interpretable a part of Lay-buſineſs to overſee and appoint Church-men what they ſhould do, to direct and order where they ſhall ſpeak, and treat, and act, or where not, if the manner or conſequents foreſeen import juſt fear of trouble or diſturbance. Neither is this an uſurpatiō or incrochment upon what is of ſpiritual office, any more then for David or Hezekiah to appoint the Courſes of the Prieſts, How their Ephemerides for divine ſervices ſhould be obſerved, for Solomon or Joſhuah to rule All Iſrael, or, amongſt us, a Church-Warden to examine, and grant or deny a man licence to Preach, where he has power, and he is intruſted with the peace and order of the place, which is not to meddle with Preaching, but order about it.

2. That Royal power was full: for it was done in Common-Councel, Communi Concilio, & Conſilio (by the advice) Archi-Epiſcoporum, &c. Et omnium principum regni mei, All the Chiefs of the powers about him.

3. The things limited to be directed about, were meerly ſpiritual, quae ad regimen animarum, no danger or intent of medling with affairs of the Common-wealth, or interpoſing in buſineſs of Lay fee. A very good, and the beſt boundary of this Juriſdiction, and which alone ſecures extravagancy, from power to diſturb in ſecular buſineſs, or ſo much as meddle with meerly humane affairs or intereſſes: whereunto the title alſo of, The Court-Chriſtian, or of Religion, ſhould have not a little furthered.

4. The remedy upon contumacy in not appearing, was proper, of Excommunication: Peters onelyonly ſword he might lawfully wear and uſe, and this but onelyonly by the Kings Commiſſion.

5. Yet the King aſſiſts him in the uſe of this, and comes to relieve his ſpiritual by the temporal, if need be. For the ſword ſhould back the Word, yea, gladius gladium juvat, intwiſted power is ſtrongeſt, and needs to be mutually aſſiſtant one part to the other.

6. No Lay Judge was to intromixe: What needed? the things treated on were, or were to be Eccleſiaſtical, and of p. 118another ſort: They had their ſhop by themſelves, and work to do, and each his own proper and fit; And it has been the great wiſdom of the Nation to keep them apart, every ſeveral thing by it ſelf, that no work or power ſhould croſſe another.

Object. Some Objections are from a11Lo. Coke, Vbi Sup. name not to be despiſed: as the time of inrolling, not before R. 2. time, and ſome oblique22As if, that Book being of Hen. 1. time, the Biſhops ſate then in the Shire Court, and Chriſtianitatis Iura were then there pleaded. Vid. L. Hen. 1 cap. 7. pa. 180. annexed to M. Lamb. Arch. contradiction from the Red Book in the Exchequer: as if by theſe the Patent were not authentick: But,

Anſ. 1. Scarce is there any thing but ſomewhat may be ſaid againſt.

2. At fair diſtance enough is the time of inrolment, ſc. Rich. 2. and then it was but inrolled.

3. The preſerver with the place of preſervation are of much moment, ſcil. in the Tower, by the King: neither of which but gives much of preſumption againſt forgery.

4. And other tranſcriptions do alſo agree: Manuſcript, like this, and of thoſe ſeveral kept too where leaſt ſuſpicion of forgery is again, in Regiſters. As thoſe of the33Cook ib. Biſhop of London, and Archbiſhop of Cant. In which44Caeterùm in actorū Rob. Winchelſii Archiep. Cant. Regiſtro ſeu publicis ejus tabulis Mss. totidem ferè verbis occurrit id quod Guilielmo Regi hic tribuitur. Regi etenim Edwardo 1. in ordinum Comitiis, &c. Seldèn N…t. ad Eadmer. pa. 168. laſt Robert Winchelſee ſo long ſince as in Edw. 2. time, (and ſo long before Rich. 2. as in his great Grandfathers days) ſettles his draught of Articuli Cleri upon it, Preſented to Edw. 2. as the grievance of the Church, and in his ninth year aſſented to for remedy.

5. M. Selden (a great name) queſtions it not. He made uſe of it55Hiſt. of Tythes cap. 14. ſect. 1. thirty years ago publickly enough: He ſince exhibited it to view in66Printed in An. 1623. p. 167. the edition of Eadmers Hiſtory, and has not (I believe) yet manifeſted any revocation of opinion.

So that I ſee not but we may ſet down this for the Biſhops Patent of Juriſdiction, authentick enough, ſo long as he had any, and the firſt foundation of the Conſiſtory, or as it was called Curia Chriſtianitatis, in England the Court of Religion: not unfitly remembred here as the bottome of that power whereby the right of Tythes was with us diſcuſſed, and themſelves recovered, as they had been, and were after, (as p. 119ſhall continue to be ſhewed,) ſtated by the Law. Whereunto there was alſo ſucceſsfully and ere long ſuch following and thronging recourſe, that the great Inquirer here laſt mentioned findes it a task worthy his painful ſearch and curious diligence, 11Hiſt. of Tyth. cap. 14.whether, after, the right were regularly handled under any other Juriſdiction? He findes ſparingly ſome inſtances, 22Pa.. 422.as about Hen. 1. and his ſucceſſours time till Hen. 2. and K. John: But ſince only in fives caſes. 1. By way of prohibition upon a ſuggeſtion of a Modus decimandi. 2. In a writ of Indicavit: (But neither of theſe were at firſt inſtance.) 3. By Scire facias from the Chancery in ſome aaſes. 4. In ſome other by proceſs of b…re command. And, 5. By vertue of the late Stat. of 32 Hen 8. and 2 Edw. 6. No more: And theſe were but ſome ſcattering exceptions from the generall rule neither. He prefaces that inquiry with33Pa. 411. theſe words: It is clear (ſaith he) by the practiſed Common Law, both of this day, and alſo of the ancienteſt times that we have in our Year-Books, that regularly the Juriſdiction of Spirituall Tythes (that is, of the direct and original queſtion of their right) belongs, I think as in all other ſtates of Chriſtendom, properly to the Eccleſiaſtical Court. And the latter Sta…utes that have given remedy for Tythes infe…dated from the Crown after the diſſolution, leave alſo the Ancient right of Juriſdiction of Tythes to the ſame. He inſerts44Pa. 421. after, that ſince about K. Johns time Original ſuits in T…mporall Courts for Tythes have been rare: Adding … diſcourſe of the Indicavit, and changing the proportion of the dues of a Church to be the ground of it by the Statute of Weſt. 2. cap. 5.55Pa. 427. that long before, Tythes were demandable of the owner detaining them, of their own nature, and pleadable in the Spiritual Court, and there onelyonly; and concludes, 66Pa. 447.that ſince 22 Edw. 3. there have been no Original Suits for Tythes in Temporal Courts, ſaving onelyonly upon Prohibitions (at ſecond inſtance,) and by the Stat. of 32 Hen. 8. and 2. Edw. 6.

It is ſome difficulty to underſtand learned men; but the conſent theſe things ſeem to have with the truth, and have both among themſelves and with other of like nature abroad, p. 120renders it hoped there hath been here no miſtake; which if, Then hath been gained 1. The erection of the Court Chriſtian by Will. 1. 2. The tranſaction of Spiritual things there, even though formerly under the cognizance of the Common Law and Lawyer immediatly. 3. Tythes, (as Spiritualibus annexa, and evidently belonging to Religion, and thence within the compaſs of the Canons,) To move here as in their proper ſphere. (Remember their Right was well enough provided for before, Here were onelyonly to be ſome emergent deciſions for their regulation, or Recovery of ſtated dues.) 4. The Lay Juriſdiction outed as to cognizance immediate, direct and ordinary. 5. In practice things have been no doubt according. 6. And therefore we muſt now chiefly for a while attend the Church.