The Civil Right of Tithes, Ecclesiastical tract · Chapter 17
CHAP. XIX.
WHich we ſhall in two parts: as well to the Jus dare, as Ius dicere; to what we finde in this Interval to have been Legiſlative, as what was Executive; Giving more largely what belongs to the former, wherein was uſed the allowed power given in Regulating the Rule, framing Canons, or ſetting or keeping to right, that Law was here the rule of Right, but more ſparingly touching at the later which concerned known practiſe: For, that ſuch Courts were kept, is a thing vulgarly and to all known; That a diſcuſſion was there, and a ſentence the ground of Right and Own, the Lawyers of the other Gown will not deny; That things were there diſpoſed, tranſpoſed, and ſettled to full property, the event did ſhew. Of this therefore the more ſparingly, which is known and did but help to Recover Right; That which Gave it, being more proper for us, and both fitly ranged under that generall head of what was done by that power we are now confined to, which is Eccleſiaſtick. And here firſt,) If the Synod at Weſtminſter, whereof1Pag. 111. before, were but a Synod, remembred be it and granted hence, what authority it muſt then have had: And likewiſe another more clearly a Synod under the Conquerour, but written in Saxon, where, (divers laws preceding of faſting, alms, penance, &c.) we have,2Selden. Hiſt. of Tythes, chap. 8. ſect. 14. Le… Tythes be paid of all that is poſſeſſed by the Lords bounty.
In a Councel at Clevemount in France, one3Matth. Par. ad an. 10…5. pa. 21. in Will. 2. Canon was, Ʋnaquaque Eccleſia decimas ſuas habeat, … ad a…am transferantur. Let every Church have its own Tythes without confuſion: Which would not likely have been taken notice of in our authentique ſtory, if it had not concerned us, as indeed it did, and was no doubt4Haec quae ſequuntur ca…itul… conſtituit (Yr… nus) & univerſali Eccleſiae tradi…it obſervanda. Id: pa. 20. of Catholique obſervation.
In 5Tildeſly An…madverſ. on M. Seld…s Hiſt. pa. 164.Hen. 1. time, I finde it decreed in a Councel held under William the Archbiſhop about the year 1129. De…imas …icut. Dei ſummi Dominicas ex integro reddi pracipimus. We command they be fully allowed a… the Lords Demo…es.
In6Selden Vbi Sup ſect 15. another at Windſore▪ about then is this Canon: Ʋt Laici decimas reddan… ſic…t praeceptum eſt: That Laymen pay, as is commanded. (I am now tranſcribing, and ſo haſtening: It will not be long ere we get on our own wings again.)
7Id. ſect. 18.Alberique Biſhop of … was …egate here under Innocent the ſecond, in K. Se… v…nt …, and He held a Synod in Anno 3. where is this Canon: De omnibus Primitiis rectas decima… dari Apoſtolic… a…tl…ritate praecipimus, quas qui r…ddere no…rit, Anathema…is in enm ſententia proferat…s. Let him that pays not be Excommunicate; where it ſeems Primi…i… muſt be underſtood for every new years encreaſe.
8Mss. in the publique Library at Oxford cited in the … of….) D. Ridleys View of the Laws, pa. 1…5.In Eugen. 2. time, about the year 1147, under the ſame King was held a Synod at Westmiuſter, wherein tythes are diſpoſed of. It has no more then a ſuppoſition of them, and that the Church diſpoſed, which may yet crave place here as not of no conſideration Nullus Abbas, Nullus Prior, Nullus omnino Monachus aut Clericus Eccleſiam ſive decimam—ſine Epiſcopi Conſenſu, &c. And1Ib. two years after in another Synod there to the ſame purpoſe: Ʋt nulla perſona Eccleſias vel decimas accipiat—ſine authoritate Epiſcopi.
By the way, we may not about theſe times much look for ſet and purpoſed binding Laws about Tythes; They needed not, For Such had paſſed before, ſufficient to raiſe and aſſure a Due: But onelyonly to Regulate, diſpoſe, or determine about emergent controverſies, concerning them, and theſe not wanting.
In Hen. 2. time, I finde Alexander the third directing ſeverall Conſtitutions (for that force his Orders had here) to the Biſhops of Canterbury, Wincheſter, and Exceſter. They are taken by Gregor. 9. into2Lib. 3. tit 30. de decimis. the body of the Decretals, and no doubt had their power and found obedience here: for3Vid. Selden Review, pa. 489. where the Kingdome did not croſſe, the Canons were, and it ſeemes by the Proviſo of 25 Hen. 8. 19. are binding Laws. And let no man object here the uſurpation, or allay of credit from forain authority: Things ſo ſettled do, no doubt, often contract a right in Time, which (if the power be able to ſupport and bear it ſelf out,) doth with continuance grow up and ſoder into ſtrength and firmneſſe enough, able ere long to walk the world without guide or aid, or we have little of ſtayedneſs and ſolidity here in England. If we go about to undo all (of ſecular depending on ſacred) which had its firſt riſe, and that whereby it yet ſtands, from Rome, We need not go beyond Sea for Babylon, it will come home ſhortly to us, and we ſhall have confuſion enough within our own Threſholds. Though we do not in preſent, we muſt allow of many things done heretofore and ſettled by uſurpations, proceeding as well from abroad, as exerciſed at home, or the fruit of weightieſt tranſactions will be robbed away from us, perhaps the pillars of the Common-wealth ſhaken. As to thoſe three Epiſtles, the firſt of them gives order as 'twere by a binding Law, thus:4Cap. 5. Pervenit ad nos, &c. Mandamus, quatenus Parochianos veſtros monere curetis, & ſi opus fuerit ſub Excommunicationis diſtrictione compellere, ut de proventibus Molendinorum, Piſcariarum, foeno, & lana decimas Eccleſiis, quibus debentur, cum integritate perſolvant. It was for four ſort of Tythes to be paid, of Mills, Fiſh-ponds, Hay, and Wool: having after monition, Excommunication to refuſers.
1Cap. 6.The next is to the Biſhop of Wincheſter: Nuncios; & infra. Mandamus quatenus Parochianos tuos de apibus, & de omni fructae decimas perſolvere Eccleſiaſtica diſtrictione compellas▪ for Bees, and Fruit.
2Cap. 7.The laſt to the Biſhop of Exceſter: Cùm homines de Hortona, de frugibus, novem partibus ſibi retentis, decimam Eccleſiae cujus Parochiani ſunt, ſine diminutione ſolvere teneantur; & antequam id faciunt ſervientibus, & Mercenariis ſuis de frugibus non decimatis debita totius anni pro ſervicio ſuo impendant, tunc demum de reſiduo decimam ſolventes, Mandamus quatenus eos cogatis, ut decimam ſtatim fructibus collectis perſolvant, atque de ſubtractis & retentis dignam ſatisfactionem exhibere procurent. It ſeems they were willing to deduct the charge of the Fermage before they marked out the Tythes, paying their ſervants out of the fruit for the work beſtowed about them, and ſo apportion onelyonly out of the free bounty of heaven,3Cap. 22. 26. 28. ſequ. & Vid. Lyndewood tit. de decimis cap. Erroris. Cap. Quoniam propter. & cap. Sancta Eccleſia. a thing much ſtood upon, and by this Law ſtood againſt, which willed the tenth of all as it grew, and ſo was the pattern of the Old Teſtament: Their ſeed and labour were alſo chargeable, yet they were bound up, of All, without any deduction: And if Jehovah gave them their land, which, (preſuming they would ſow,) he might the better expect a charge from his own gift, This exaction is no leſs reaſonable, or more burdenſome from us who Give nothing (of our own,) but iſſue out onelyonly what was Given and ſet aſide by others; it Iehovah required to be reſtored back to him of his own, we doe but pay what others of their bounty Gave, And therefore with them as to ſeparating any thing we are poſſeſſed of in full title as our Own. Jam ſumus ergo pares.
Out of the Canon4Annal. par. 2 pa. 543. Edit. 1601. Francofur. That it was taken out of the Councel of Roſne (ex Concilio Rothomagenſi) the ſetter forth hath noted in the margin. Roger Hoveden points us to another plant growing in our own ſoil, which no doubt lived to take fruit downward, and bear fruit upward; and it was ſet toward the end of this Hen. 2. time by Rich. Archb. of Cant. in a Synod at Weſtminſter the Lo. day after the Aſcention, where (the King and his ſon being preſent) paſſed thus: Omnes decimae terrae ſive de frugibus ſive de fructibus, domini ſunt & illi ſanctificantur. Sed quia multi modò inveniuntur decimas dare nolentes, ſtatuim…is; ut juxta Domini papae praecepta admoneantur ſemel, ſec…ndò & tertiò (according to the High Commiſſion before given out by Will. 1.) ut de grano, de vino, de fructibus arborum, de foetibus animalium, de lana, de agnis, de butyro & Caſeo, de lino & Canabe, & de reliquis quae annuatim renovantur, Decimas integrè perſolvant: or if not, Anathema. A full and plain Law, speciatim for Corn, Wine, Fruit, breed of Cattle, Wooll, Lamb, Butter, Cheeſe, Flaxe, Hemp, and all that grows and renews yearly, &c. and of what power in the ſtate, may be gueſſed both by from what before, where the Superiour Powers had joyned to intruſt the Church in ſuch matters (which implies their authority ſtill;) and further here the K. and his ſon gave the preſent countenance of their perſons to patronize and eſtabliſh it. And heed alſo the Dueneſs ſuppoſed in the beginning, they were not now ſo much willed to be payed, as ſhifters to be brought in to diſcharge of known duties. Elſewhere alſo in the ſame1Par. ead. pa. 75. Authour, Hubert Arch. of Cant. kept a Synod at York the Tueſday after Saint Barnabies day, 6 Rich. 1. where one of the binding reſults of Councel ſpeaks thus: Cum Decimae ſint tributa egentium animarum, & ex praecepto Domini dari debeant, non eſt reddentis eas diminuere: Therefore all to be paid without any diminution for Fermage, of which before, entirely. And much ſeverity is again in another2In ead pa. 808. Provincial of the ſame Hubert afterward, with Excommunication to thoſe ſhould withdraw any thing to pay the Harveſt-mans wages, or the charge of newbroke grounds, or not to the Pariſh Church, &c. But becauſe this meeting was againſt the Lord Chief Juſtice his Prohibition, and ſo had not the authority of the ſecular power, I paſs it over: though then it were of ſome doubt whether ſuch meetings were valid, which is ſince clearly reſolved that they are not, by the Statute 25 Hen. 8. 19. And ſo for another1Ib. Pa. 809. Canon againſt whether Templars or others ſhould receive Tythes from Lay-hands, in the ſame Authour.
To ſome time of Hen. 2. is referred a Councel Lateran under Alex. 3. limiting the former liberty of paying to Any Church, to the Parochial, as fitteſt to have benefit, and neareſt to take the dues up: though later and quicker apprehenſions remove the ſcene to Innoc. 3. who in K. Iohns time expreſſed his ſingle will onelyonly from the Lateran Church. This gave the miſtake, or might well. M. Selden has it from the2Cap. 8. ſect. 23. & Vid. cap. 10. ſect. 2. print, and the3Inſtit. 2. pa. 641. Lo. Cook from the more authentique Roll in the Tower, ſpeaking fully what a papall Conſtitution might, and no more, thus: Pervenit ad audientiam noſtram, quod multi in Dioceſi tua Decimas ſuas integras, vel duas partes ipſarum, non illis Eccleſiis in quarum Parochiis habitant, vel ubi praedia habent, & à quibus Eccleſiaſtica percipiunt Sacramenta, perſolvunt, ſed eas aliis pro ſua diſtribuunt voluntate. Cum igitur inconveniens eſſe videatur, & à ratione diſſimile, ut Eccleſiae quae spiritualia ſeminant, metere non debeant à ſuis Parochianis temporalia, & habere: Therefore proceed according to the Canons, and ſee obedience yeelded by Church-cenſure, &c. Dat. Lateran. Nonas Iulii.
Here, they ſay, was firſt a Parochial Right eſtabliſhed: And if ſo, a Right; which I think none will deny, and is all I contend for: and the Lord Chief Juſtice grants it his way; though not by force of the Decretal, yet as Juſt and Right it was allowed, and ſo became Lex terrae. Any way ſerves the turn, and if the Poſition, much more the Suppoſition: If a Parochial right, then a Right, at leaſt. Review ſome of the words: to which purpoſe, The grievance complained of was, that Many did not pay their whole Tythes, Decimas ſuas integras vel duas partes ipſarum—to their own Miniſter, but at pleaſure: So they paid, the thing was done, And this the height of what I reach at.
To the ſame Kings time alſo I refer another Decretal ſent hither from Innoc. Decret. Gregor. Lib. 3 cap. 28. col. 1230. Edit. Taurin.3. to the Biſhop of Ely, which had no doubt the ſame force here, not for right of Tythes (which remember had been before eſtabliſhed, and was now but made Parochial; More then To Tythe, To the Pariſh Church, now growing as common as to enjoy,) but to ſatisfie a doubt that might ariſe about the manner of Tything, and wils no deduction ſhould be for Mils and Ponds: (And ſtill remember alſo by what immediate conſequence the ſupream power went on confirming All, whereof we read no contradiction.) Paſtoralis Officii, &c. Explicari poſtulaſti utrum quis poſſit de molendinis & piſcariis neceſſarias expenſas deducere, priuſquam ſolvat decimas ex eiſdem, ſicut eſt in negotiatione conceſſum? But it is long, and I refer to it. The forain power does ſomewhat againe here blemiſh: but remember again too what before, and adde the ſo often mentioned confirmation to us of Hen. 8. If a ſteward can do nothing, yet if a Lord ratifie, the Act is good: If the Chaplain be over-buſie in a family, yet if the Maſter confirm, now 'tis valid, though the thing were beſides his Cure: So if the Pope medled with that he ſhould not, the King and State looking on, and not contradicting but conſenting and approving; Here ſeems now a conſummation of all-ſufficiency of power at the firſt, and time going on to ripen what at firſt production was but raw, a growing up to all perfection. And ſo in that which next follows which I take to be of the ſame to the ſame, wherein reſolution was given about new-broke grounds, ſuppoſing, I underſtand the Tythes of a place to be payable to a perſon, or Church out of the Pariſh, who ſhould then have thoſe new Tythes? 'Tis anſwered in favour of the Pariſh Church there, That Church; unleſs the forainer can ſhew a very fair plea for them: Cum enim perceptio decimarum ad parochiales Eccleſias de Jure communi pertineat, (ſo far it was gone then,) decimae novalium quae fiunt in parochiis earundem, ad ipſas proculdubiò pertinere noſcuntur, niſi ab his quae alias percipiunt decimas, rationabilis cauſa oſtendatur, per quam appareat novalium ad eas decimas pertinere. Sith of Common right Tythes did belong to the Pariſh where they grew, The new-broke grounds muſt tythe thither alſo, unleſs very ſufficient reaſon can be ſhewn to the contrary: This the ſubſtance.
But the ſtrongeſt and moſt vigorous Conſtitution which with life and power hath acted among us, and indeed was the late ſeen and looked upon Rule and Law to guide All, was that1Lyndwood Conſtit. provinc. lib. 3. tit. de decimis. Canon of Rob. Winchelſey, as it is uſually ſtyled, though Lindwood (the ſetter forth) ſays he found it in ſome Books aſcribed to Boniface (of the ſame See,) or as in one very ancient copy, Conſtitutio communis Epiſcoporum congregatorum apud 2And ſo it is alſo in Pupilla oculi, part. 1 cap. 3. ſays M. Selden.Merton in Communi Concilio; as if ſo, it was the ſtronger, an act of the whole Convocation. But whoſe ſoever it was, it was about thoſe times. (Remember Rob: Winchelſey 3Polyd. Virg. Hiſtor. Anglic. lib. 17. pa. 324.entred his charge Anno Domini 1293. about 19 Edw. 1. and4Id. lib. 18. pa. 3, 2. ended it about 1312, and 4 Edw. 2. and ſo we are, as we took leave, a little without the ſtrict bounds of our method, behither M. Charta.) The words are as followeth; (and I Engliſh them for the uſe of every Reader.)
Quoniam propter diverſas conſuetudines in petendo decimas per diverſas Eccleſias inter rectores Eccleſiarum & Parochianos ſuos rixae & contentiones, ſcandala & odia maxima multotiens oriuntur. Volumus & ſtatuimus quod in cunctis Eccleſiis per Cantuarienſem provinciam conſtitutis uniformis ſit petitio decimarū & proventuum Eccleſiarū. In primis, volumus quod decimae de frugibus, non deductis expenſis, integrè & ſine aliqua diminutione ſolvantur, & de fructibus arborum, & de ſeminibus omnibus, et de herbis hortorum niſi parochiani competentem fecerint redemptionem pro talibus decimis. Volumus & ſtatuimus etiam quod decimae de foenis ubicunque creſcant, ſive in magnis pratis, ſive in parvis ſive in Chiminis, exigantur, & prout expedit, Eccleſiae perſolvantur. De nuirimentis autem animalium, ſcilicet de Agnis, Statuimus quod pro ſex agnis & infra ſex oboli dentur pro decima: ſi ſeptem ſint agni, in numero ſeptimus agnus detur pro decima rectori: ita tamen quod rector Eccleſiae qui ſeptimum agnum recipit, tres obolos in recompenſationem ſolvat parochiano à quo decimam illam recepit. Qui octavum recepit, det denarium. Qui vero Nonum, det obolum parochiano: vel expectet rector uſque ad alium annum donec plenarie agnum poſſit recipere ſi maluerit; & qui ita expectat ſemper exigat ſecundum agnum meliorem vel tertium ad minus de agnis ſecundi anni, & hoc pro expectatione primi anni. Et ita intelligendum eſt de decima lanae. Sed ſi oves alibi in hyeme, alibi in aeſtate nutriantur, dividenda eſt decima. Similiter ſi quis medio tempore emerit vel vendiderit oves, & certum fit à quae parochia illae oves venerint, earundem dividenda eſt decima, ſicut de re quae ſequitur duo domicilia. Si autem incertū fuerit, habeat illa Eccleſia totam decimam infra cujus limites tempore tonſionis inveniantur. De lacte vero volumus quod decima ſolvatur dum durat, videlicet de Caſeo tempore ſuo: & de lacte in Autumno & hyeme: Niſi parochiani velint pro talibus facere competentem redemptionem, & hoc ad valorem decimae & ad commodum Eccleſiae. De proventibus autem molendinorum, volumus quod decimae fideliter & integrè ſolvantur. De paſturis autem & paſcuis tam non communibus quam communibus ſtatuimus quod decimae fideliter perſolvantur, & hoc per numerū animalium & dierum, ut expedit Eccleſiae. De piſcationibus, & apibus ſicut de omnibus aliis Bonis juſte acquiſitis quae renovantur per annū, ſtatuimus quod decimae ſolvantur & exigantur debito modo. Statuimus etiam quod decimae perſonales ſolvantur de artificibus & mercatoribus, ſc. de lucro negotiationis. Similiter de Carpentariis, Fabris, Cementariis, Textoribus, Pandoxatricibus, & omnibus aliis Stipendiariis Operariis; ut videlicet dent decimas de Stipendiis ſuis, niſi Stipendiarii ipſi aliquid certum velint dare ad opus vel ad lumen Eccleſiae, ſi rectori ipſius Eccleſiae placuerit—Sed quoniam inveniuntur multi decimas ſponte dare nolentes, ſtatuimus quod parochiani moneantur primo, ſecundo & tertio ut decimas Deo & Eccleſiae fideliter ſolvant. Quod ſi ſe non emendaverint, primò ab ingreſſu Eccleſiae ſuspendantur, & ſic demum ad ſolutionem decimarum per cenſuram Eccleſiasticam, ſi neceſſe fuerit, compellantur. Si autem dictae ſuspenſionis relaxationem vel abſolutionem petierint, ad Ordinarium loci mittentur abſolvendi, & debito modo puniendi. Rectores autem Eccleſiarum ſeu Vicarii aut Capellani annui qui praedictas decimas praedicto modo propter formidinem hominum ſeu favorem, timore Dei postpoſito, (ut praedictum eſt) cum effectu non petierint, poena ſuspenſionis innodentur donec dimidiam marcam argenti Archi-Diacono loci perſolvant.
Whereas by reaſon of divers ways of tything in divers Churches, ſtrife and contention are wont to ariſe between the Church-Governour and his people; we will and appoint, that through the Province of Canterbury there be this uniform way of Tything. Firſt, wee will that Tythes be paid of Fruit without any deduction of charge intirely, and without diminution, (ſo reaching in an order about the charge of Fermage, ſpoken of before, and preventing that exception;) and of fruit of trees likewiſe, and of all ſeeds and garden hearbs, unleſs the Pariſhioners will make ſome competent exception for them. Alſo we will and appoint, that Tythes be required of hay, (or green graſs, if it be cut to ſpend, ſays Lyndewood in his Gloſſe) wherever it grow, in greater Meadows, or leſſer, or in the High-ways, and that it be paid as is beſt for the Church: For breed of Cattle, as, touching Lambs, we appoint that for ſixe and below, ſo many half pence; if there be ſeven, the ſeventh ſhall be tythe, yet ſo, that the Church-Govenour receiving the ſeventh, ſhall pay 3 half-pence to the Pariſhioner: He that takes one of eight, a penny, one of nine, a halfpenny; or let the Rector ſtay for the tenth, if he had rather, to the following year. And he that ſo ſtays, let him alwayes have the ſecond or third beſt of the following yeare, and this for his ſtay. And ſo is it to be underſtood of the tenth of Wooll. But if the Sheep depaſture one where in Winter, another where in Summer, the tythe is to be divided. In like manner if any one ſhall buy them in the middle of the year, and it be known from what Pariſh the ſheep come, the tythe is to be divided, as of a thing belonging to ſeveral places; but if it be not known, let the Church have the benefit where they are at ſhear-time. Concerning Milk, we will that the tythe be paid as it ariſeth, that is, of Cheeſe, ſo long as it is made, and of milk in Autumn and Winter, unleſs the Pariſhioners will make due compenſation according to the value of the tythe, and to the Churches advantage. As concerning the profits of Mils▪ we will that tythes be faithfully & intirely paid. As for paſture and feeding grounds, as well Common as other, we appoint the tythe be fully paid, and this with regard to the Beaſts and time of going, as ſhall be beſt for the Church. For Fiſhings and Bees, as of any other goods honeſtly gotten, which renew yearly, we appoint, that the tythe be paid and required duly. We decree alſo, that perſonal tythes be paid by Handy-crafts-men and Merchants, that is, of the gain of their trading; the like of Carpenters, Smiths, Maſons, Weavers, and all other hired Labourers, that they give the tythe of their wages, unleſs they will give any thing certain toward the Light in the Church, and this at the Church-governors choice—
Then (after ſome words of Mortuaries.) But becauſe there are many that refuſe to pay their tythes, we will, that Pariſhioners be warned once, twice and thrice, (which was the number of eſſoyns allowed in the Conquerours Charter, as before) to pay their tythes to God and the Church truly. Or if they refuſe, they be firſt ſuſpended from entring into the Church, and ſo bee compelled by Eccleſiaſticall cenſure, if need be, to pay. Or if they require releaſe or abſolution from ſuſpenſion, let them be ſent to the Ordinary of the place for it, and duly puniſhed. And as to the Church-Governors themſelves, or Vicars, or Chaplains by the year, who for fear or favour of men, ſetting a ſide their awe to Heaven, do not effectually require their tythes aforeſaid, let themſelves be ſuſpended till they pay a mark to the Archdeacon of the place for their diſobedience.
I have both tranſcribed at length, and tranſlated this, as I ſaid, becauſe it is the chief Law, whereupon (immediatly) the dueneſs of tythes is grounded and known by the Canon: as to the Regulation of the manner of collecting this prevailing, though not as to the dueneſs it ſelf; for this, as hath been ſhewed, was ſecured before, and therefore the law begins with ſuppoſition, and blame, that men did not Pay as they ought, which was here intended to be remedied. And for the ſufficient authority hereof, we need not much doubt; for Lawyers and Men were awaked both then and ever ſince, & would not through ages and generations have been frighted or cheated with meer empty ſhews of Paper Canons into a fooliſh & childiſh awe of what was but terrible. They knew no doubt, from time to time there was ſtrength enough (with help of former grounds) to carry things on and force them, if any rub of oppoſition were laid in the way, which made them pick a vertue out of that was indeed a kinde of neceſſity, and doe with ſeeming willingneſs, what if they would not, they muſt and might have been compelled to. Other Conſtitutions are alſo about the ſame time, but not of ſo great moment; yet, becauſe they have ſome force, our niggardize ſhall not ſuppreſs what may be pleaſing, profitable, or in any regard uſeful. The next is about Cattle removeable from place to place, and hath vertually ſixe propoſitions.
Quoniam ut audivimus, &c. Nos viam pacis praeparare volentes ſtatuendo definimus, & definiendo ſtatuimus, quod ad Eccleſias in quarum parochiis oves à tempore tonſionis uſque ad Feſtum S. Martini in hyeme continuè paſcuntur & cubant, decimae lanae, lactis, & caſei ejuſdem temporis, licet poſtea amotae fuerint ab illa parochia & alibi tondeantur, integrè ſolvantur. Et, ne fraus fiat in caſu praemiſſo, praecipimus quod antequam oves amoveantur à paſturis vel etiam diſtrahantur, Eccleſiarum Rectoribus ſufficienter de ſolvenda decima caveatur. Quod ſi infra praedictum tempus ad diverſarū parochiarum paſturam transferantur, quaelibet Eccleſia pro rata temporis portione decimam percipiet earundem, minori 30 dierum spatio in rata temporis minimè computando. Si verò per totum tempus praedictum cubant in una parochia, & paſcantur continuè in alia, inter ipſas Eccleſias decima dividatur. Quod ſi poſt Feſtum S. Martini ducantur ad paſcua aliena & uſque ad tempus tonſionis in una vel diverſis parochiis, ſive in propriis paſturis dominorum ſuorum ſive alterius cujuſcunque paſcantur, habita ratione ad numerum ovium paſcua aeſtimentur & ſecundum aeſtimationem paſcuorum ab eorum dominis exigantur decimae.
1. Where ſheep are continually feeding, and folded from ſhear-time to S. Martins day, there the whole tythe to be payable to that Church, and caution given accordingly before the removall.
2. Within that ſpace if they change from place to place, each Church to bee ſatisfied for the time, not reckoning of leſs then thirty days; Or if they feed in one place, and fold in another, then to divide; and ſo after rateably.
3. Milke and Cheeſe to be paid where the Beaſts feed and couch: If theſe in ſeverall places, then to divide.
4. Lambs, Colts, &c. to be paid, habita ratione ad loca diverſa ubi gignuntur, oriuntur, & ad moram quam traxerint in eiſdem: with regard to where they were bred, kept, and ſtayed: Milk, where the quantity is ſmall, and ſo for Lambs, Colts, &c. according to the uſage of the place.
5. What ſheep live to S. Martins day, to be accounted for, though they be ſold to the Shambles, or die after.
6. If ſhorn in any Pariſh, the Wooll ſuppoſed there due, unleſs it were made appear to the contrary.
This I ſaid, is but ſupplementall, for parting ſtrife. Men would be ready to require their dues, and every honeſt man ſhould be as ready to pay; but occaſions requiring them to chop and change before the year came round, this was an equall and conſcionable both proviſion and praeviſion, to ſet down before-hand a fore-appointed rule what either ſhould expect, and ſo part ſtrife before it was begun. A ſummary confirmation of all which before, and more diſtinct recitation of ſome things, is in another of the ſame Authour following:
Sancta Eccleſia, &c. Cum Sacro eloquio jubente de omnibus quae novantur per annū nullo tempore excluſo decimae ſint cum omni integritate & abſque diminutione ſolvendae, Lice átque unicuique capellano parochiali, Rectori ſive Vicario Parochianos ſuos per cenſuram Eccleſiaſticam ad ſolutionem decimarum compellere, Omnibus & ſingulis Rectoribus, Vicariis & Capellanis Parochialibus & Eccleſiarū Parochialium Curatis per noſtram Provinciam Conſtitutis in virtute obedientiae mandamus firmiter injungentes, quatenus diligenter moneant & efficaciter inducant, & quilibet ipſorum in Parochia ſua moneat & inducat, quod praedicti Parochiani omnes & ſinguli integrè & ſine diminutione decimas inferiùs annotatas Eccleſiis ſuis perſolvant: ſc. decimam lactis à primo tempore ſuae novationis, tam menſe Auguſti quàm aliis menſibus, de proventibus etiam boſcorum, pannagiis ſylvarum, & caeterarum arborum ſi vendantur, vivariorum, piſcariorum, fluminum, ſtagnorum, arborum, pecorum, columbarum, ſeminum, fructuum, beſtiarum guarenarum, aucupitii, ortorum, curtilagiorum, lanae, lini, vini, & grani, turbarum in locis quibus fabricantur & fodiuntur, cygnorum, caponum, aucarum, & anatum, ovorum, thenicii agrorum, apium, mellis, & cerae, molendinorum, venationum, artificiorum, & negotiationum, necnon agnorum, vitulorum, pullorum equinorum ſecundum eorum valorem, & omnium proventuum rerum aliarum de caetero ſatisfaciant competentes Eccleſiae quibus de Jure tenentur, (harping ſtill upon the right and that granted) nullis expenſis ratione praeſtationis decimarum deductis ſeu retentis, niſi tantum de praeſtationis decimarum artificiorum & negotiationum. Quòd ſi monitionibus ſuis parere contempſerint, per ſuspenſionis, Excommunicationis & interdicti ſententias eos ad praeſtationem decimarum hujuſmodi compellant.
Foraſmuch as by holy Scripture all that renews yearly is to be tythed, and it is lawfull to compel men thereto; we command all Church-Governours and their Subſtitutes to move and inforce all under their powers to this duty: that is, to pay of milk, of the profits of wood, of maſt if it be ſold, of ſtews, ponds, rivers, pools, trees, cattle, pigeons, ſeeds, fruits, beaſts of warren, (that is, under known cuſtody and guard, for ſo the word imports) of hawking, gardens, orchards, wooll, flaxe, wine, grain, peat, ſwans, chicken, geeſe, ducks, egges, hedgerows, bees, honey, wax, mils, hunting, handicrafts, merchandiſe, lamb, calf, colt, and all other revenue without deduction of coſts, &c. or if not, to proceed to Suſpenſion, and Excommunication, &c.
Theſe three Conſtitutions (Decrees, Statutes, Laws, Orders, they were for payment, call them what you will,) were in one mans time, and about the parting of Edw. 1. and Edw. 2. Raigns: which (it ſeems) did not yet ſo remedy things as to prevent all future broyls. A thing impoſſible: Contentions will laſt while the world: Laws can never reach their full intended force and operation in quieting ſtrifes, and calming the ſtorms of mens rage and wrangling paſſions full and wholly, but ever and anon they will break out to miſchief and diſturbance: the Root is in our corrupt nature, which will not but have Spring at ſome time of the year or other to ſhoot forth and fructifie unto grief and trouble, in reſemblance of the earth, curſed for our ſakes into a proneneſs to weeds, and moſt Natural feracity of Briars and Thorns. We ſhall finde this diſpoſition generally received through the world,Act. 20▪ 35. that moſt men are more quick and nimble of the receiving hand, then of the giving, and though they be the words of the Lord Jeſu, That it is more bleſſed to give then to receive, yet they will take the contrary by a bold inverſion, and think it better howſoever for them, to Receive then to Give. Of the ſame extent is alſo this Conſtitution of things, That where many are to pay known dues, ſome will bee found backward, ſtanding off as far as they dare till neceſſity conſtrain them to come in; Which makes it a rare inſtance but if any be to receive never ſo known dues, ſome will fall ſhort, at leaſt there muſt be wrangling with a multitude, and this ſhall be hardly avoided with ſome, whoſoever hath to deal with many. A fruit of our corrupt nature; mourn we for it in private, and ſorrowful miſchance to many of all mankind, condemned hereby to live as it were in fury of a tempeſt, in the flames of paſſion burning and renewed to the mutual torment of One another: A great diſturbance of the quiet and peaceable world, and unfortunate occaſion of many troubles to many, who being of themſelves not diſpoſed to trouble, are yet (by the things they have to deal with) forced beſide their nature, and by the cunning craftineſs of thoſe that lay in wait to deceive (whoſe verſatilous ſhifts are hard to be avoided) often put upon this Dilemma, of either gaining contention, or loſing right; and if there be but one of a multitude diſpoſed to wrangle, he that hath to deal with All, muſt oppoſe that man and bear half the blame; and as ſuits and troubles increaſe with his unjuſt vexation, his ſeeming guilt increaſes alſo. If this were not, we ſhould have much toward a quiet and thereby happy world, approaching the ſimplicity of the golden age, with return of its peace, calmneſs, meekneſs, love, and a conſtant ſerenity of all things; A bleſſing ſo highly inriching, that it ſeems the wiſe Providence above does not think fit to truſt, or rather tempt us with, becauſe perhaps beyond our power to manage or bear ſo great a happineſs. Which aptneſs to contention ſhewed it ſelf ſoon after the Canons formerly made and mentioned, divers ſeeking ſhifts to evade and diſappoint the clear intent of thoſe plain and well-meant Laws, ſo plain, one would think, that there were no way left to delude or ſhift from the meaning and purpoſe laid forth in ſuch plain and perſpicuous expreſſions: Which awaked alſo ere long after that, the watchfull prudence of him ſate then in higheſt place of power and truſt for ſuch things, to caſt the beſt he could to advance ready juſtice, and yet further prevention of all diſappointments thereof. In time it follows (as in place it goes before, in the ſame Lyndewood) thoſe we have given, and was intended to ſtrike off their exceptions, who could not deny their dues, or to ſet them out, but1Alii vero no… attendentes quod Dominus Omnipotens, cujus eſt terra & plenitudo ejus, & univerſi qui habitant in ea, decimas in ſignum univerſalis Dominii ſibi reddi praeceperit & pro ſuo cultu eaſdem Cleric…s Aſſignavit, aliquando m…itiosè impediunt, impedi…ive faciunt vel procurant vir…s Eccleſiaſticos ad quos ſpectat perceptio decimarum corúmve ſervitores quo minùs liberum ingreſſum & egreſſum in praedia & à praediis de quibus hujuſmodi decimae prove…iunt habere poſſint, &c. Alii etiam niſi prius chirothecae vel caligae ſeu quicquam aliud eis dentur, ſeu promittantur, decimas hujuſmodi aſportant & conſumunt, aſportarive & conſumi faciunt, ſeu aliquod damnum inferunt inferrive faciunt in eiſdem▪ Symon Mepham. cap. Quia quidam. they would hinder thoſe ſhould fetch them from coming upon their ground, without which they could not obtain them effectually, unleſs they had gloves, ſtockings, or ſome other ſuch bribes given them for the quiet delivery of what they acknowledged due; which if they had not, they would purloin or corrupt, or one way or other diſappoint the true and rightful owner. O malice, whether wilt thou! O guile, when wilt thou leave working! O fraud, deceit, and wretched covetouſneſs, when will you ceaſe your injurious combinations! O curſed craft, and griping, ſhifting, over-reaching worldly-mindedneſs, when will you give over to diſappoint the beſt-meant Laws of men, ſith your uſe hath been of old to pervert even1foreign. Crooking his ſtraight ways. Act. 13. 10. the Righteous ways of the Lord! The remedy was here, as in former caſes, the ſeverity of Excommunication: Nos igitur perverſorum damnabilibus conſiliis ſalubre remedium imponere cupientes, nihil novum ſtatuentes, ſed antiquorum Canonum ſtatuta in medium deducentes, (mark that, no innovaſion) univerſos & ſingulos hujuſmodi inſtigatores, impeditores, & alios ſupradictos, &c. to be faſt locked under the heavieſt of Church-Cenſures, and not releaſed from that Bond of God, ſave at the houre of death, or upon promiſe of amendment with ſatisfaction. Yet this helped not all: The wit of malice that pierceth deep had found out another neſt of manifold devices to hinder the courſe of right2Ioan Stratford tit …od cap. Erroris damnabilis by theſe four diſturbances: 1. Paying but the Eleventh for the Tenth, in regard of Summer-charges, &c. 2. Dividing but not marking out the ſheaf, and 3The remedy of the grievance might be that which King Richard after intended to grant by his gracious Conceſsion of 2 Rich. 2. cap. 14. remembred below, pa.then moleſting the taker of it away as for theft. 3. Arreſting the workmen for taking the convenienteſt way. 4. Forbidding to take what was ready, till the whole field was rid, which occaſioned much ſpoil: Againſt all which is drawn the glittering ſword, of which before of Church-cenſure, and the power uſed (laviſhly) enough which ſhould not be uſed upon trifling occaſions. Excommunication is a heavy doom, 'tis hard it ſhould be laid on for trifles, as the petty things of this world, or the powers of the world to come drawn forth to vile and ſordid profanation, degraded below their due value, and higheſt worth to ſerve any ends which are not ſpiritual.