The Civil Right of Tithes, Ecclesiastical tract · Chapter 14

The Civil Right of Tithes · Ecclesiastical tract · Chapter 14

p. 89CHAP. XVI.

OUR next ſtep (the laſt on that ſide the Conqueſt,) is to Edward, ſurnamed the Confeſſour; That bleſſed man was bleſt indeed to be the Authour or inſtrument of much good to this indeared Nation. He firſt obtayned help of God to remove and diſpel that coacervation of tough humours about the throat, (Strumae, the Phyſitian calls them, and ſince from this accident of their cure, The Kings Evil:) And, which was the greater miracle, obtained alſo the like wonder working power to be left inheritable by all his ſucceſſors. He raiſed that ſtately and magnificent pile at Weſtminſter, a Monument not onelyonly of his own piety but alſo a repoſitory of the Monuments of Nobles and p. 90Kings ever ſince, who quietly ſleep in that dormitory he reedified and conſecrated to this uſe from Pagan ſuperſtition, and under his roof have found ever ſince their peaceable, ſafe, and everlaſting habitations: He was ſo zealous and ſuccesful for Juſtice, that when he was gone, the moſt people deſired, was but right his way; And as Ziſcaes Drum, (he being dead) charmed the enemy to obedience or flight; ſo the Conceſſion of his Laws ſtilled their mutinyes often, whence, at their importunity too, they have been continued in the Coronation oath ever ſince. Laſtly, his prudence diſcovered or acted it ſelf chiefly in this, that, (treading in the ſteps of K. Knout before,) he dreaded exceedingly all perillous innovations, and whatever wit or paſſion might ſuggeſt to the contrary, knew it was ſafeſt always hearkning to reaſon and going in the way had been trodden; and therefore adhered to this rule by choice, that whatever others did, He would only be wiſe in the way of his Anceſtors. To this purpoſe he cauſed to be ſearched, and by his authority reinforced the good old Laws of the Land, which, whatſoever forward men may deem to the contrary, is ſtill likelieſt to be the readieſt way to mens great deſires of Happineſs, Wealth, and Peace. For if Juſtice be the preſerver of order, that the parent of peace, whence wealth & riches follow: to diſturb the Law the foundation and rule of Juſtice, can be no leſs then to trouble the pure fountain whence thoſe precious ſtreams muſt iſſue; whereas to keep that faſt, is to hold the foundation ſure, whereon all the reſt either are or may be built. He then began not, but continued and confirmed this following order for tythes,CAP. 8.

De decimis eccleſiae reddendis, de ovibus et porcellis.

De omni annona decima garba Deo debita eſt et ideo reddenda.Of all Corn the Tenth ſheafe is due to God, and ſo to be paid, &c. But the Engliſh hereof was given before, pag. 63. Et ſiquis gregem equarum habuerit, pullum reddat decimum: qui unam tantùm vel duas habuerit, de ſingulis pullis ſingulos p. 91denarios: ſimiliter qui vaccas plures habnerit, decimum vitulum: qui unam vel duas, de vitulis ſingulis obolos ſingulos. Et qui caſeum fecerit, det Deo decimum: Si vero non fecerit, lac decimo die. Similiter agnum decimum, vellus decimum, caſeum decimum, butyrum decimum, porcellum decimum.

De Apibus.

De apibus vero ſimiliter decima commodi.CAP. 9. Quin et de boſco, de prato, et aquis, et molendinis, porcis, vivariis, piſcariis, virgultis, & hortis, et negotiationibus, et omnibus rebus quas dederit Dominus, decima pars ei reddenda eſt qui novem partes ſimul cum decima largitur. Qui eam detinuerit per Juſticiam Epiſcopi et Regis (ſi neceſſe fuerit) ad redditionem arguatur: (perhaps righter, adigatur.) Haec enim praedicavit Beatus Auguſtinus, et conceſſa ſunt a Rege, Baronibus et populo. Sed poſtea inſtinctu Diaboli multi eam detinuerunt, e… Sacerdotes locupletes negligentes non cur abant inire laborem ad perquirendas eas, eò quod ſufficienter habebant ſuae vitae neceſſaria, &c. Leg. Edward. Regis. apud Lambard. Archaion. pa. 139 & Spelman. Concil. pag. 620.

Behold here a plaine law: as full as if it had been made in Conſiſtory, as clear as evident and open words could expreſs, as authoritative as might proceed from the King and his people, and as much to be reverenced as King S. Edwards Law: conſenting much to what went before, and for what followed after, we know (and ſhall be made appear) has had as many after, ſucceſſive, ſupreme confirmations as any publick act of this State ever had: Except the great Charter: nay, not except the great Charter; into whoſe confirmation this was alſo by implication involved, and with it had life, ſtrength, and fruit, even to the Petition of Right, as ſhall be hereafter ſhown.

It uſually paſſes that this devout and wonder-working King was the father of the Common-Law, (which if, we ſee what ſhined from its morning beames,) and that he gave it firſt life and being of no praexiſtent materials, as I beleeve he did, as it was common: for he, (a little to ſtep aſide,) diſliking the ſeveral ways of tryal that had been to his time, p. 92That one ſhould be tryed by11Cantiani ſuas aliquando habuerunt leges, ſed coeuntibus iis & Saxonibus omnibus ſub Weſt-Saxonum ditione, horum lege vivitur. Angli lege uſi ſunt (quam vocant) Mercia donec …rruentes Dani Eaſt Angliae & Northumbriae provinciis, ſuas inducunt conſuetudines, à prioribus non in complurimis diſcrepantes. Hinc majoribus noſtris triplex legum diſtinctio ƿestseaxna-laga, Myrcna-lega, & …ene-laga id eſt, lex Occiduorum Saxonum, Lex Merciorum, & Lex Danorum. Spelman. Gloſſar. pag. 445. in vocab. Lex Anglorum. Saxon-Lage, another by Dane-Lage, a third after the Mercian: one puniſhed by 22Severall puniſhments or forfeitures for the ſame crime, among ſeverall here then living Nations. The former was the Engliſh mans, the other the Danes: (12 Ores, I finde it gueſſed.) Vid. Gloſſar: ad Lambard. Archa…on. p. ult. Selden of Tithes, cap. 8 ſect. 10 Spelman. Gloſſ. pag. 423. & Foedus Edovardi & Guth. a pud Lamb. Arch. c. 3. & 6 pa 42. And compare with them Spelm. Gloſſ. in vocab. Englecheria, pa. 231.gildwit, another by lawſlite; neighbours, for the ſame offences, ſeveral ways, Amaſſed all both precept and penalty together under one general rule, and from the compoſition, indifferency, & uſe called the reſult by a fitting name (relating to whence it had come) the …now 33Poſt Aluredam ſuas promunt leges Edovardus ſenior, Aethelſtanus, Edmundus, Edgarus, Ethelredus Saxones, & Canutus Danus, generales plerunque ſingulas quoad prohibition's Canonem, ſed in irregandis mulctis Danos reſpicientes juxta coniuetudinem Danicam (quam Laſlit vocant;) Anglos juxta Anglicam; & Mercios interdum juxta Mercianam. Noluit verò Rex Edovardus Confeſſor in uno regno triplicem hanc juſtitiae lancem, ſed recenſens denuò Anglorum, Danorum, & Merciorum leges. ſuam dedit parem omnibus, & Communem, quae a Re, Lex Communis; ab Authore, Lex Sancti Edovardi nuncupata eſt. Ranulph. Ceftrenſis: Ex tribus his legibus (inquit) Sanctus Edwardus tertius unam legem Communem edidit, quae Leges Edwardi uſque hodiè vocantur. Spelman Gloſſ pag. 436 in vocab. Lex Anglorum. Though Gervaſe of Tilbury refer the work to a little after, as done by the Conquerour. Porrò liber de quo quaeris ſigilli Regii individuus eſt comes; (that is, Domus-Dei Booke:) Hujus autem inſtitutionis cauſam ab Henrico quondam Wintonienſi Epiſcopo (ſon to the Conquerours daughter) ſic accepi. Cum inſignis Angliae ſubactor Rex Wilhelmus, ejuſdem Pontificis ſanguine ptopinquus ulteriores Inſulae fines ſuo ſubjugaſſet imperio, & rebellium mentes terribilium perdomuiſſet exemplis, Ne libera de caetero datetur erroris facultas, decrevit ſubjectum fibi populum juri ſcripto legibuſque ſubjice re. Propoſitis igitur legibus Anglicanis ſecundum tripartitam earum diſtinctionem, hoc eſt, Me…chen-lage, Dene-lage, Weſt Sexen-lage, quaſdam reprobavit, quaſdam autem reprobans, tranſmarinas Neuſtriae leges, quae ad regni pacem tuendam efficaciſſimae videbantur, adjecit. Gloſſat. ad Lambard. Arch. pa. 219. in vocab. Ius Danorum Agreement in ſubſtance for the Originall, Derivation, and compoſition of theſe Laws, though the circumſtances a little varyCommon-Law: not but that the parts had been before, but he collected and imbodyed them thus, and from the compoſition and derivation gave this name. Juſt as the famous Juſtinian before, by help of Tribonian, Conſtantine, Theophilus, and others, winnowed the great44Sed com omnia percontabamur, à praefato viro excelſo (Triboniano) ſuggeſtum eſt, duo penè millia librorum eſſe conſcripta & …pluſquam trecentics decem millia verſuum à Veteribus effuſa, quae neceſſe eſſet omnia & legere, & perſcrutari, & ex h…s, ſi qu…d optimum fuiſſet, e…igere. De Confirmat. Digeſt. in Princ. heaps of the former Romane Civil-Law and of the near two thouſand volumnes that had been 1400.55Erat enim mirabile Romanam Sanctionem ab urbe condita uſque ad noſtri Imperii tempora quae penè in mille & quadringentos annos concuriunt—in unam reducere conſonantiam, ut nihil neque contrarium, neque idem, neque ſimile in ea inveniatur, & ne geminae legespro rebus ſinguli; poſitae uſquam appareant. Ibid. p. 93years a laying together, ſifted out ſome little for his uſe, that greed with the Genius of his time and affairs, calling the Collection, his New Digeſts or Pandects, a general Receipt, or All-receiving compoſition; And as was intended, (and in part perfomed) here at the purging of the Canon-Law in the time of Henry the eighth, (upon the ſtriking of the Pope, the Head,) where it ſeemed good to the then wiſdom of the ſtate to limit by the prudent fiſhermen in the Goſpel, who collected and ſaved the good into veſſels, onelyonly they caſt the bad away: Or as laſtly law-makers have almoſt a law to themſelves, to cull out no more then needs they muſt for rejection, the weeds and refuſe; reſerving all the good ſlips, and picking their poſie as near as they can of new flowers growing on old ſtocks formerly planted, and hitherto preſerved; ſo was done here. Our Engliſh Juſtinian (Edward) made his new Digeſts (the Common-Law) out of thoſe as it were Praetorian Edicts, Senatus conſulta, Decreta Sapientum, &c. of Britiſh, Engliſh, Saxon, and Daniſh pieces which had been before, and was eaſier to order then to new make, and uſurping to himſelf the power of a father, having digeſted it into his new forme, called the product his new Common-Law. Whence or from how far came thoſe pieces he thus made uſe of, would I beleeve prove a very hard queſtion and not to be ſatisfied fully, unleſs we could recover ſundry things utterly loſt; Caput inter nubila condit, as he ſaid of that river, their original is far among the clouds, and not to be revealed to us in any degree but from the things of Mulmutius, Dunwallo, Qu. Martia and ſuch other as being thought of nowhere elſe in the world but here, are yet with us wrapped up under very hard names. Yet for an Eſſay, and becauſe it hath not been attempted purpoſely by any, for varietyes ſake, Take as followeth,

Firſt, for granted, that, as before, the Confeſſour was but—Anglicarum legum legitimus reſtitutor, as11Gemeticenſ. lib. 6. cap 9. an old book ſtiles him, the reſtorer, not the contriver of them; and a little more, that he had them from his Grandfather p. 9411Exillo die (from the fourth of the Conquerours Reign) multa authoritate veneratae, & per univerſum regnum corroboratae & obſervatae ſunt prae caeteris patriae legibus leges Edwardi Regis Sancti, quae prius inventae & conſtitutae fuerunt tempore Regis Edgari; Verum poſt mortem ipſius dimiſſae ſunt annis circiter 68. — Sed poſtquam Rex Edwardus venit ad Regnum, Conſilio Baronum Angliae legem 68 annis ſopitam excitavit, excitatam reparavit, reparatam decoravit, decoratam confirmavit; Confirmata verò vocata eſt Lex Regis Edwardi, non quòd ipſe primus adinveniſſet eam, ſed cum praetermiſſa fuiſſet, & oblivioni penitus dedita à diebus avi ſui Regis Edgari, qui 17 annos regnavit, & qui primus ejus inventor dicitur, uſque ad ſua tempora, videlicet ut praedictum eſt 68 annos poſt dies ipſius Edgari, ipſe Edward us, quia juſta erat, & honeſta, à profunda abyſſo extraxit eam, & renovavit, & ut ſuam obſervandam contradidit. Leg. Edovardi R. tit. Lex Novicorum, apud Lambard. Archaion, pa. 129. & vid. Chron. Vetuſt. Eccleſiae Licbfelden. 16. pa 158. & apud Seldon. ad Eadmer Hiſtor. pa. 171.Edgar; from whoſe time they having been laid aſleep (for 68. yeers) and buried as it were under the ſpoiles of war, long ſilenced by the Daniſh tumults, He, by the adviſe of his Engliſh Barons, revived, awakened, quickned, and gave new life and vigour to their dull and fainting power, and from the office of a friend, Guardian or protector got himſelf the reputation of an Author, or firſt Father, ſetting them towards that ſtate they have in ſome meaſure continued in ever ſince. But we begin not then: He22The Evidence of things speaks thus much to all that are acquainted with the affairs of thoſe times. this Edgar, had them queſtionleſs from his moſt noble Anteceſſor the pious, valiant, and wiſe Alfred, who what he did was remembered33Pag. 56. before, from Ina, Offa, Ethelbert, &c. to whoſe tendries he added what ſeemed fit of the Legiſlatives of Weſt-Saxony: beyond which, and the fartheſt our inquiries go, and there they ſettle, muſt be the King Mulmutius, and the Queen Martia. Theſe coyned what had after many following inſcriptions, and ſtamping for currant Law, what had been hitherto but prevailing reaſon, or arbitrary opinion, made that firſt draught whereof we have now any remainder extant, and that I beleeve with many alterations and Re-Reformations hath continued topical and national to us ever ſince to this very day. Seemeth this a ſtrange thing? I invented it not: Good authority hath led or miſled me; take account therefrom of each diſtinctly

Firſt, for Mulmutius, Geffry of 44Et cum totam inſulam omnino ſubjugaſſet, fecit ſibi diadema ex auro, inſulámque in priſtinum ſtatum reduxit. Hic leges quae Mulmutinae dicebantur inter Britones ſtatuit, quae uſ que ad hoc tempus inter Anglos celebrantur. Statuit ſi quidem inter coetera, quae multo tempore poſt, B Gildas ſcripſit, ut Templa Deorum & Civitates talem dignitatem haberent, ut quicunque fugitivus ſive Reus ad ea confugeret, cum venia coram inimico ſuo abiret. Statuit etiam ut viae quae ad praedicta templa & civitates ducebant, Nec non & aratra Colonorum eadem lege confirmarentur. In diebus itaque ejus latronum mucrones ceſſabant, raptorum ſaevitiae obturabantur, nec erat uſquam qui violentiam alicui ingereret—In urbe Trinovanto prope templum Concordiae ſepultus, quod ipſe ad confirm a tionem legum conſtruxerat. Galfrid. Monum. Hiſt. Reg. Brit. lib. 2. cap. 17.Monmouth diſcovers of him, That he was one of the firſt, that having ſubdued p. 95the whole nation, rendred himſelf glorious by the luſtre of a golden Crown, and made certain Laws, from him called the Mulmutian, which are preſerved, (and the Authour lived ſince the Conqueſt, in ſome favour with Robert Duke of Gloucester, King Henrie's ſon) among the Engliſh to this day. Gildas the Wiſe tranſlated them into Latine along time after they were written; a part was; That Temples and cityes ſhould have priviledge of Sanctuary, and ſo the highways leading to them, and the plough, &c. And having reaped much peace, the fruit of his diligence, he was buried in London neer the Temple of Love, quod ipſe ad confirmationem legum conſtruxerat. The late 11Mulmutius Dunwallo Rex—aur…a Corona primus uſus eſt, & ſalutares leges quae Mulmutiae dicebantur inſtituit. Has in Latinum ſapiens Gil…as, & in Anglicanum ſermonem poſtea Rex Alphredus convertit, adeò ut diu eaſdem etiam inter Anglos diligenter obſervatas fu…ſſe conſtet. Quarum adhuc fe è capita memorantur haec, Vt Deorum templa, &c. Richardus Vitus Baſinſtochii, Hiſtor. lib. 3 pa 186.Dr. White of Baſing ſtoke, his credit is ingaged for much the ſame, adding, that what Guildas tranſlated into Latine, Alfred did into Engliſh to be a rule here, (of whoſe borrowing from times paſt we ſpake before:) and 22Hic igitur (Dunwallo) eſt qui primus, &c. Et qui leges patriae quae Mulmutinae dicebe… tur, inſtituit inter Britones, quae uſque ad hottempus celebrantar inter Angl…s, (ſo then from the Britaines to the Engliſh they came.) Vrbes, Templa fecit, ut qui ad alla fugerer, etiam coram inimico abiret, & viae tutae eſſent ſimili modo, quae ad Templa rectè ibant, & ad a…atra col norum: Poſte… mortuus eſt in urbe Trinovantum ſepultus juxta templum Concordi…e. Britan. Hiſtor. lib. 2 in fine.Ponticus Virunnicus (living too on this ſide the Conqueſt,) ingages they were obſerved till his days.

Thus for the man: Now for the Noble and Maſculine Queen Martia, the Loyal wife firſt, and after learned widow of King Gunteline, or Guiteline, (Remember both He and ſhe lived before either the Conqueſt, Chriſtianity (here) or Chriſts incarnation; Mulmutius under the ſecond Monarchy of the Perſians about 430. before Chriſt: and this Qu. Martia ſoon after:) ſhe was (ſaith the ſame33Erat ei (Guithelino) Nobilis mulier Marcia nomine, omnibus artibus erudita. Haec inter multa & inaudita, quae proprio in …nio peperenat, invenit legem quam Britones Martianam appellaverunt Hanc etiam Rex Aluredus inter caeteras tranſtulit, & Saxonica lingua Pa March…tie-lage vocavit. lib. 3. cap. 13. Geffry) both noble and wel learned in the Arts: Among other remarkable things ſhe did, ſhe invented that Law the Britains uſed under the name of Marcian, (and from her no doubt might the Province of Mercia take name, a large tract of Land p. 96reaching from Lincolnſhiere to the heart of England as now, and formerly known by this name, as all know that are acquainted at that diſtance:) which King Alfred among other tranſlated, and called Pa Marchitie lage, as the print of Geffry hath, but the correcting11In the publike Library of Oxford, in 4 H. 27 Art. Manuſcript more fitly, Merchenelage, or Martian Law: and22Hiſtor. Britan. l. 3. Pont. Virunnius, 33Flor. Hiſtor. at. 4 cap. 1Matth. Weſtminſter, and44—Leges optimas à ſe nominatas, & diutiſſimè poſteà à Britannis obſervatas inſtituit, quas Idem Rex Alphredus ſermone donavit Anglico, ut ante delegibus Mulmu…iis demonſtravimas Rich. Vit. lib. 3. pag. 199. Dr. White come in alſo here with their ſubſidiary aſſents and confirmations.

William of Malmsbury, 55Chronia. ad an. ante nat. Chr. 442. & ad an. …56John Stow, and66Hiſtor. Angl. lib 1. pa. 21, 22. Polyd. Virgil, have the ſame, or much after the ſame, And ſo not very like all would take up errour upon truſt one after and from another; But the true pedigree of the Common-Law may, from beyond this77Occurrit in Hiſtoriis mentio legis Molmutianae & legis Merciae, alias Martianae. Illam à Molmut…o Rege Britonum quem floruiſſe aſſerunt anno nondum elucentis gratiae, 430. Hanc à Regina Martiana (Lelando Martia Proba,) Guentelini Regis vidua, dum infantis filii regnum tueretur, ferunt conditam, anno ante Nat. Chr. 350. Has duas leges (inquit Ceſtrienſis Monachus, lib. 1 cap. 50) Gildas Hiſtoricus tranſtulit de Britannico in Latinum: & Rex Aluredus poſtmodum de Latino in Saxonicum, quae Marchene laga dicebantur. Ipſe quoque Aluredus legem Anglicè conſcriptam ſuperadjecit, quae Weſt-Saxene-laga vocabatur Tandem Danis in hac terra dominantibus tertia lex emanavit quae Dane-laga dicebatur. Ex his tribus legibus Sanctus Edwardus tertius Communem edidit, quae leges Edwardi uſque hodiè vocantur. Spelman. Gloſſar. pa. 441. in Vocab. Lex Merciorum. Edward, derive it ſelf (in ſome parts at leaſt) thrice as far with ſhew and probability. So like is that I ſay elſe where, There may be of Laws a Climatical fitneſs; They thrive beſt under ſuch an aſpect, and will hardly be pruned out: We have Native ſome things, and theſe Connatural, with other, whence they continue the ſame upon endeavour of removal, and ſtill ſprout out again to a kind of immortality. This by the way: Now to return.

Whether theſe things be of certainty enough or not, for the derivation of parts thus far, ſure enough what is generally received for the whole, that the Common-Law, as Common, fathers it ſelf on this King and S. Edward, as before; He made of ſeverals this one intire Body, wherever he had his pieces; And ſo in this if we have it, we have not onelyonly Law, but to (create ſure right in Temporals) Secular Law, Common Law, this our ſetled and long continued all-ruling, all-diſpoſing p. 97Soveraign Common Law, and this in the infancy, life, vigour, and moſt powerful ſtrength, and chief ruling, Raigning power thereof; and all this for what many take to be no other then ſome tyrannical impoſition of ſome latter ſtatute; yes ſo indeed, we have the morning beames of this Soveraign light to quicken to beſt and ſtrongeſt moſt aſſured Right, This Right of Tythes; Let more or as much be ſhewed for almoſt any thing in this Kingdom or Commonwealth.

The higheſt other titles pretend to, or ſhelter themſelves under, is but under the Conquerour; the moſt goe not ſo far, and they are thought to ayme at a very great diſtance that can but look thitherward; Inſomuch that it became 11Vid. Seld. of Tythes. Review of Chaep 8.a doubt long ſince whether any Plea founded of right beyond, were to be hearkned to? and though the truth ſeems, it was, and many enjoyed on this ſide, what they had on the other, and had not forfeited by ſtubborn oppoſition; yet an excellent Scholar (the Ariſtotle of our Nation,) and a22Chancell. Bacon. Of the uſe of the Law, pa. 23. And ſee alſo the Preface to Hen. 1. Laws, late ſet forth by Sir Roger Twiſden, pa 155. profeſſed Lawyer, ſeems to give his opinion to the contrary, That ſave Church-lands, and thoſe in Kent, all elſe had their rights drowned in that deluge, and ſave what was ſaved by mercy, the reſt then periſhed: But now behold here not onelyonly a preſent and ancient title, but founded in the Common Law, and ſo long ſince as makes it to have overlived clearly that bloody battel; Planted there in words at length, by the compoſer himſelf of that Law, and ſo fully too as few things elſe are, and ſo by conſequent, from the very beginning has a fairer, farther, deeper, and more ſpreading radication in the inſide and body thereof, (as 'twere claſping in almoſt to another hemiſphaere,) then moſt other lands, tenements, hereditaments, &c. can pretend to.33Flet 4. 5. 14 A tempore coronationis Regis H. patris Regis E. was long ſince a good Plea, From the Coronation of Henry the third. And in44Bracton fol. 373. Henry the third's time, from his granfather: But here is that overlookes thoſe clearly, double and treble, From the Conquerour and before. What can, if this cannot, ſettle a thing by Law? to have its title thus written by the Founder Himſelf, in cleare and evident Characters, even in the infancy p. 98and the very face of the Common Law.

And here then before we go any farther, let us a little ſtand ſtil, and veiw the way we have gone, & what we have gained as 'twere in another world, before & beyond the Norman turn. Sure a Right; a firme Right: a legal, undoubted, publike, Civil Right; as good as any had, as good as any could have, what grant and aſſurance could make over, and that publike and ſtrongeſt. What is that we own any thing by but agreement? publike convention! foreign, as11F. de Legibus Senatu que. L. Nam & Demoſthenes. Marcian the Civillian ſpake from Demoſthenes the Orator! which is that alone parts intercommoners, and is the bottome every ones Own reſts upon: Now and this ſtands as full under, as powerfully and vigorouſly ſupports theſe thus apportioned Rights, as any other ſeparate parcels whatſoever, we have made it appear ſo in thoſe days. I look upon the Common Law in a twofold ſtate, of growth, and perfection. 1. As an Embrio preparing to ſome thing, in rude and imperfect pieces. 2. As a child, like to be a man, formed to a being, and of ſome preſent power, and abilities. In each of which we could expect no more to appear for tythes then does; for whether we regard thoſe native and as it were connatural genuine Laws of our Country as having diſtinct force, or as after amaſſed together into one community; the Several parts, made after into the Common Law, or the Common Law made out of thoſe ſeveral parts, ſtill, in All, tythes had a clear full mention and grant, And this to the Baptiſme of John, from the beginning of Any Baptiſme in this Nation. We have donation, wee have confirmation; wee have Law, we have penalty; we have Thou ſhalt pay, or, thou ſhalt be puniſhed if thou do not pay: King Etheldreds Law, King Aelfwolds law, King Offaes Law, King Aethelwolphs Law, and alſo the noble Alureds, the moſt glorious Founder of our ſtate, and government. King Edmonds Law, King Ethelſtanes Law, K. Edgars, Knouts, the Confeſſors, and whoſe not beſide the Parliament at Aenham, & other Parliaments, Princes, Peers, People, Lords, Synods, Senates, What not? and all from as undoubted monuments of truth and aſſurance, as any the times do affoord: He that will doubt p. 99theſe may as well doubt any thing: whether thoſe men were? whether theſe Princes raigned? whether there were an Heptarchy, and the wrangling, waſting, conſuming parts did at laſt coaleſcere into a mutually preſerving Monarchy? We have but credit of ſtory and record for theſe, and ſo for them, and indeed for one part, as well as another.