The Civil Right of Tithes, Ecclesiastical tract · Chapter 20

The Civil Right of Tithes · Ecclesiastical tract · Chapter 20

p. 162CHAP. XXII.

AND thus much of, for, and from the moſt known Head of all our Laws, the great Charter; whereof the more, becauſe it deſerves more: Proceeding, next whereto is a Conceſſion of about the end of Hen. 3. confirming the Juriſdiction, and by conſequent the things thereunder in a Parliament Ordinance called Regia Prohibitio. I firſt met with it in the11In Biblioth. Bodl. Oxon. S. 1. 8. Iur. Ms. before mentioned, and ſet before the ſtatute De Anno Biſſextili: which being referred to 21 Hen. 3. I think may well be placed hereabouts: the22Pulton pa. 109. print has it of uncertain time, and33Inſtir. 2. pa. 600. Sir Edw. Cook as about the beginning of Edw. 1. I believe it to be that with Articuli Cleri, Circumspectè agatis, &c. referred to in the end of the ſtatute of 2 Edw. 6. 13. though p. 16311Ib. Pa. 663.others point it to, Probibitio formata ſuper Articulis Cleri: Well, Howſoever: Incipit Regia Probibitio. Sub qua forma impetrant layci Prohibitionem in genere ſuper decimis, oblationibus, obventionibus, Mortuariis, &c. Respondit Dominus Rex ad iſtos articulos, quod in decimis, oblationibus, obventionibus, &c. quando agitur ut praedictum eſt, prohibitioni non eſt locus. None to be granted in caſe of Tythes, Oblations, Obventions, &c. and then is my drift ſecure: 'Tis known what would be the iſſue of other proceedings. Indeed it follows, If by ſale the things change nature, becoming temporal, or the quantity may juſtly occaſion an Indicavit, then, &c. But in the ordinary courſe, none.

In2218 Edw. Puiton pa. 70. Edw. 1. time we have the noted Statute of Circumſpectè agatis: made, it ſeems, to reſtrain and keep within due banks ſome powers granted a little before to the ſecular Judges to curb in his Juriſdiction the Biſhop of Norwich: (whoſe33Put but for an example: The thing extendeth to all the Biſhops of the Realm Co. Inſt. 2. pa 487 name yet might be but as A. B. an Individuum vagum, appliable to all who had their due liberty in danger of being fettered, and indeed to them44Rex enim miſit certos Iuſticiarios ſuos ad procedendum ſub certa forma contra Epiſcopum Norwicenſem & alios de cle…o ſibi adhaerentes, quibus poſtea Rex ſcripſit ut hic habetur Gloſſ. Norwicenſem. Lynde… wood. de for… compet. 1. Circumſpectè. ſeverally it was directed:) The King (therein) to his Judges ſendeth thus greeting. Deal circumſpectly in all matters concerning the Biſhop of Norwich, and his Clergie, not puniſhing them if they hold plea in Court-Chriſtian of ſuch things as be meerly ſpiritual; that is to wit, of penance, &c. Item, If a Parſon demand of his Pariſhioners oblations or tythes due and accuſtomed, or if any Parſon do ſue againſt another Parſon for tythes greater or ſmaller, ſo that the fourth part of the value of the Benefice be not demanded. This is ſo plain, nothing can be more: though the ſecular Judge might ſend his hook to fetch cauſes to his Court in ſome doubtfull caſes, yet for things meerly ſpirituall, or for tythes by name, This Law ſayth, He may not. Which for better preſervation 55Ibid.Lindewood has alſo in the Churches behalf taken into his Provincials.

In the ſame Edw. 1. time was granted the Statute of Conſultation: It hath not, I confeſs, expreſs mention of tythes by name, but the Juriſdiction, (and that enough) allowed: p. 164for it being granted, which cannot be denyed, from other aſſurances, both that tythes were due, and This would bring them in, in the grant hereof intire, is enough, the reſt will follow. It ſeems ſome there were would then obtain a Prohibition to ſtop the wheels ſhould properly move to Juſtice in this caſe, and when the buſineſs came to the Lay Judge, go no farther: So the Plaintiffe (was delayed, yea, denyed right, and almoſt wrong, for he could have no ſentence any way, for remedy whereof, it was ordered: That1124 Edw. 1. Anno Dom 1296 id. pa. 75. Whereas Eccleſiaſtical Judges had often ſurceaſed, &c. by vertue of Prohibition, whereupon nothing done in either Court, Our Lord the King willeth and commandeth, that where ſo, the Chancellour or Chief Juſtice upon ſight of the Libel upon inſtance of the Plaintiffe (if they can ſee that the caſe cannot be redreſſed by any Writ out of the Chancery, but that the Spiritual Court ought to determine the matters) ſhall write to the Eccleſiaſtical Judges before whom the cauſe was firſt moved, that they proceed therein, notwithſtanding the Kings Prohibition. Plain, that in ſome caſes22And this is the very reaſon why the 12 Chap. of 32 Hen. 8. was made law, becauſe Lay men that had uſe of all other Co…rts, yet could not come at their d… tythes now ſettled upon them by any of thoſe Co…rts, which made it neceſſary they ſhould be inabled, to ſue in the Court Chriſtian, where onelyonly theſe d…es were tryed, and that was th… thing th…e done, and the new indul…enc… there granted Them, as appeareth by the Preface the other Courts could afford no Juſtice, and therefore of neceſſity muſt be a remiſſion hither; ſo appropriate was the remedy and indeed cognizance and rule of Juſtice to this Court, that all the reſt could not ſo much as hear; and that righteouſneſs might not fail from the Earth, hither loyall ſubjects muſt onelyonly come for it. To ſome time of the ſame Kings Reign is yet farther aſcribed33Palton, pa. 91. this grant, that, (Where44Ib cap. 1. No Tallage or aid ſhal be levied withon conſent of Parliament, Nor 55Ib. ca. 2.any thing purvayed to the Kings uſe without the owners conſent; There) We will and grant for us and our heirs, that all Clerks and Lay-men of our Realm ſhall have their Laws, Liberties, and free Cuſto nes as largely and wholly as they have uſed to have the ſame at any time when they had them beſt And if any Statutes have been made by us or our Anceſtors, or any Cuſto nes brought in contrary to them, or any manner. Article contained in this preſent Charter, We will and grant that ſuch manner of Statutes and Cuſtoms ſhal be void and fruſtrate forevermore. With66Ib. cault. order to have it read every year p. 165twice in every Cathedrall, and a curſe upon the breakers. I infer: If, 1. All Laws, Liberties, and Cuſtomes were here granted. 2. To Clerks as well as Lay-men. 3. Of the largeſt ſize or uſe. 4. In deſpite of any Law to the contrary; Then, 1. here be tythes, which were then due by Law: 2. the Juriſdiction of them, a Liberty, which would bring them in; 3. And ſo they were both due and muſt be paid, (taking in conſideration of the Then ſtate of things,) by vertue of the Law, and by vertue of this Law, for that herein were granted all Laws and Liberties. Remove to Edw. 2. and there we finde thoſe are ſtyled119 Edw. 2. id. pa 98. Articuli Cleri, and ſo not like to afford nothing; but Engliſhed, Articles22In the old edition of 1543. for the Clergy, and ſo like to afford ſomething for them. The firſt thus propoſes and reſolves: Whereas Lay-men doe purchaſe Prohibitions generally upon tythes obventions, oblations, mortuaries, &c. The King doth anſwer, that in tythes, oblations, obventions, and mortuaries (when they are propounded under theſe names) the Kings Prohibition ſhal hold no place, although for the long withholding the ſame, the monie may be eſtèemed at a ſum certain. But if a Clerk ſell his tythes gathered into his barn for monie, &c. then otherwiſe. And if the Kings Prohibition ſhould not lay any impediment, but things muſt be tried by the Canons, we know and are aſſured whether tended, and what that meant. But more particularly here obſerve, 1. That the power which is known would give them in, is here, without diſlike mentioned. 2. Plainly allowed. 3. As to tythes by name. 4. Strengthened; By this that as in Circumspectè agatis no diſturbance ſhould be offered by the ſecular Judge impeading to proceed in their own way. 5. And all this by Parliament, Sending the trial where beforehand it was known how the buſineſs would go; And then, as if the ſupream power ſend a criminall offendor to the Bar of Criminals, knowing how the caſe will there go, looking on, permitting, and acquieſcing in the ſentence there to follow upon that ſending; They more then ſeem to confirm and allow, whatever prove the iſſue; ſuch interpretation may reaſonably be made here of the remiſſion of theſe caſes, and the temporal power could not but be p. 166thought to own the event, and what was done whether themſelves ſent for trial. The proviſions were as ſtrict as well they could to hinder extravagancy, for, as treading in the ſteps of the Regia Prohibitio before, if once the thing were never ſo little converted to ſeem temporal, Away with it preſently, Grant it no longer protection here, but allow ſuit for it whereſoever; But if it remained, ſpirituale vel spirituali annexum, it ſelf, As reaſon would and the nature of the thing required; the King ſays, the Law ſays, the Parliament ſays, and all, let the Church have her due; If it be to try theſe things and bring them home to her own houſe, let no envious incroachment grudge her right, no not though by continuance of time the things have run ſo long, as they may ſeem to have degenerated into a Lay-commodity. Chap. 2. Alſo if debate ariſe upon the right of Patronage, and the Quantitie of the tythes do come unto the fourth part of the goods of the Church, the Kings Prohibition ſhall hold place, if that cauſe come before a Judge Spiritual: Inſinuating, (and the practiſe hath been accordingly) that if leſs then a fourth part, (or the Patron of both the ſame, for ſo it was,) it muſt be tried as before. And ſo chap. 5. where no Prohibition is to be had (as in the title) if tythe be demanded of a new Mill; And the text: Alſo if any do erect in his ground a mill of new, and, after the Parſon of the ſame place demandeth tythe for the ſame the Kings Prohibition doth iſſue, &c. the Anſwer: In ſuch caſe the Kings Writ of Prohibition was never yet granted by the Kings conſent, nor never ſhall, which hath decreed that it ſhall not hereafter lie in ſuch caſes. And then let the Parſon alone: His ſtrength is, thoſe Canons will do execution enough; De proventibus autē Molendinorū volumus quod decimae fideliter & integre ſolvantur, had11Conſtit. provincial. tit. de decimis. cap. Quon ā propter. Alſo, Decima &c. Molend no…um, Venationum, Negotiarionum, &c. tit. eod cap. Sancta Eccleſia. De prato, de aqu…s, & molendinis L. Edovardi Confeſſ cap. 8. cited before. De molendinis, & piſcari s, & …oenis. Conſti…ut. cujuſdam Epiſcopi, about Hen. 3. time, alledged by M. Selden, pa. 231. D… proventibus Molendinorum, piſcariarum, foeno, &c. Decret. Gregor. tit. de decimis ca. pervenit. Of thoſe forced by windes as well as water. Mandamus quatenus. H. Militem, ad ſolutionem decimarum de h…s quae de molendino ad ventum proven unt, ſine diminutiore aliqua compeliatis, tit. e…d cap. 23. Ex tranſmiſſa. And, as of Mercha diſe or praedial…, without dimin…tion of expence. tit eod. cap. 28 Paſtoralis officii. Rob. Winchelſee ſaid before, then in p. 167force. Integrè, that is without diminution, the tenth diſh, not the tenth penny, ſaith11Sc. ſine diminutione, ſic ut ſolvatur decima proventuum verè ſicut proventus accidunt, viz. decima menſu…a quorumcunque granorum molitorum ad commodum domini molendini vel molendinarti pertincntium; & ſic non ſufficit ſolvere decimam p…out Molendinum tranſit ad firmam, quoniam in firma de veriſimili non eſt verus valor, cum firmarius ultra firmam aliquid ſperet lucrari. Gloſſ. Integrè cap. Q…ioniam propter. Lindewood: And m…morand. theſe (Articuli Clori) and Circumspectè agatis, and ſome other had a clauſe to keep them inviolable by the late Parliament determination of 2 Edw. 6. 13. in the end.

Follows next Edw. 3. and here we have more: In every K. Raign almoſt ſomewhat, if but for recognition, and to ſhew that that peece agreed with the whole. As firſt, There had been over-lookers, as before, of the Juriſdiction Chriſtian, who diſturbed, and diſcouraged, (but they did but over-look and hinder, not abſolutely take away; the thing remained, and hence proved.) Alſo ſome that pulled away a branch or bough rather from the tree, hindering by Scire facias from the Chancery the triall of Diſmes from its proper Court: The King in the Statute for the Clergy before mentioned, gives remedy for both in the two laſt Chapters of that Act. Chap.18 Edw. 3. 6. Item, Whereas Commiſſions be newly made to divers Juſtices, that they ſhall make inquiry upon Judges of holy Church, &c. But the whole was tranſcribed before, whereto I therefore remit. Mark chiefly that clauſe, that Cauſes teſtamentarie and others, did notoriouſlie belong to the Cognizance of Holy Church, and the King ſaid ſo. Not Rob. Winchelſee, or Jo. Stratforth, or any of the paſt or then preſent Church-Miniſters, who did no more then they had power; but the King: Nor did they incroach, ſaith He; It was rather Then an incroachment upon them to interpoſe and trouble the orderly motion of their wheels tending to a juſt adminiſtration of things and giving every man his due in a way allowed by all the power that then was above, and publick. Chap. 7. Item, Whereas Writs of Scire facias have béen granted to warn Prelates, religious, and other Clerks to anſwer Diſmes in our Chancery, and to ſhew, if they have any thing, or can any thing ſay, wherefore p. 168ſuch Diſmes ought not to be reſtored to the ſaid Demandants, and to anſwer as well to us, as to the parties of ſuch Diſmes: that ſuch Writs from henceforth be not granted, and that the parties be diſmiſſed from the ſecular Judges of ſuch manner of pleas. Saving to us our right, ſuch as we & our anceſtors have had and were wont to have of reaſon. God forbid elſe, and that whether Supream or Temporal power ſhould be abridged of its due by any dependant or inferiour: for the Charet never moves ſo well as when every wheel keeps its proper place, and every power does its own work without any others troubleſome let or interpoſition. A wen in the body, or any monſtrous excreſcence (beſides that it deforms the whole) robs the other parts, and none is ſo much pleaſured with what is ſuperabundant, as the reſt is diſpleaſured by following neceſſary defect: The injury of any member redounds to the prejudice of the whole body; And the Common-wealth flouriſheth ſo proſperouſly never, as when every limbe acts for it ſelfe, every member does its own office, the head, foot, hand, eye or other part commanding, obeying, ruling, or being ruled as it ought, and none uſurps or launcheth out over-buſily into that of cure which belongs in proper deſign to another. Here it was meant ſo: and therefore, Saving to the whether Supream or Temporal power, what did belong thereto, the appearance upon the Scire facias is diſcharged. Can any thing be more plain? And if ſuch inquiries had been uſed to be made in the Court of Religion (as this Statute implies) Then, and muſt be there, and were here ſent thither by the Parliament, And They when things came thither, ſaid the tenth ſheaf, fleece, colt, or lamb was due. Can any thing be more certain then that it was ſo done even by their recognition, aſſent, and purpoſed appointment, and ought accordingly to be paid? Whoſoever did, had an unequall task to ſtruggle againſt, the mighty Law, and Soveraign power that made Right, if he would go on yet waywardly to contend. The Law is, as11Heb. 6. 16.Heb 6:16 Gods Word ſaith of an Oath) the end of all ſtrife; ſith then It ſaid ſo, and in other matters it uſes to make an end, being the bottome of Right, the higheſt appeal, and uttermoſt any other p. 169men had to ſay for any thing, how vain muſt they be, who would contend, that were thus concluded before they began, and all-ruling oracles of Law rightly ſought, and duly applyed, and diſcreetly drawn forth, had determined of before, The tenth was due, and muſt be parted with?

About three years before,15 Edw. 3. cap. 6. in this Kings Raign there was a repealed Seſſion, part whereof is made to look this way: The words are theſe. Item, It is accorded that the Miniſters of holy Church for monie taken for redemption of corporal penance, nor for proof and account of Teſtaments, or for travail taken about the ſame, nor for ſolemnitie of marriage, nor for other things touching the Juriſdiction of holy Church, ſhall not be impeached or arreſted, nor driven to anſwer before the Kings Juſtices, nor other Miniſters, but have Writs from the Chancery for diſcharge, &c. which I finde conſtrued in favour of tythes:By Sir Tho. Rilley: in his view of the Laws, par 3. c. 2. ſect. 1 pa. 143. But becauſe it was repealed ſoon after, and doubtful when it was in being, the ſeveral poſſible ſenſes of the words leading the grantors minde to look (not improbably on either part) two ways; I paſs it over, and come to the Statute of Sylva caedua, which was ſure to the purpoſe, at leaſt by conſequent. It was made indeed againſt1145 Edw. 3. c 5 ſome exactions of tythes, yet ſo as it implies for other; The by-blow ſets up to rights what the direct had pulled down, and By ſaying Some ſhould not be paid, The reſt it ſhould ſeem Should; For a Prohibition allowed to take place for trees of twenty years growth, and no more, ſeems to whiſper and ſuggeſt that in others it ſhall not, or the reſt is left to courſe of ordinary proceeding. The words were given22Pa. 137. before, not needful to be repeated again, and the moſt of practiſe and the regulation of things has been, I beleeve accordingly. Laws are commonly like two-edged ſwords, they cut both ways: If they ſay This, they mean That; If they give the Negative, they imply the Affirmative; If one in prohibition, the other to permiſſion; If they ſay, a thing ſhall be hindered, and ſo far, they imply farther hindering is not meant, but the thing as to the reſt is left at liberty. Foraſmuch then as the Canon gave tythe of all (growing and renewing) and the Statute, finding fault with ſome p. 170of the latitude, gave order to prohibit but of twenty years growth; the reſtraint of this ſize is implication that liberty is left to the reſt, and the hindering but ſo far that in the reſt was ſcope; Which being for the tenth Faggot, Heap, or Cord, the Juriſdiction thereof, yea the Law thereof, and thereby Right is not a little hereby, nor obſcurely furthered and ratified. Or otherwiſe obſerve, as before, twothings: Firſt, Lex terrae did here interpoſe, and when any thing paſſed the Synod, the State could not brook, This 's power controuled That 's Canons, which hindred the Right of Tythes effectuall from going any farther then the Crown Law would allow. Secondly, but in that which was Sylva caedua properly, or Copp…ce-wood, this interpoſition was not, but the other power left at liberty (known to reſolve as before) Therefore there was ſtill a connivence, and ſo far conſent and approbation, and ſo this Law was firſt againſt Tythes, is ſecondly for them; at firſt hand againſt Some, at ſecond for Others, And affording but a prohibition for twenty years growth, leaves, yea wils, (upon the matter) the reſt, and leſs to be paid.

Touching which Prohibitions one thing more is in this 1150 Edw. 3. 4.Kings Raign (from the Statute too, for ſtill that is to me moſt authentique, and as a publick Act, more ſafe ground of opinions then any private thinkings, which I would make uſe of onelyonly in defect of thoſe) and it is againſt multiplying Prohibitions upon Prohibitions: Corrupt practiſe may after have prevailed, and by degrees it have been brought in, that a22So averred and complained in the articles exhibited to the Privy Councel, 3 Iacobi, in Mich. Ter. Object. 5 Cook Inſtit. 4. p. 603. ſucceſſion to five or ſixe generations hath followed, the Libel remaining the ſame, but by a Law then it ſhould not have been ſo, but one be all, and all but one: after that and conſultation releaſing, the Eccleſiaſtical Judge was allowed to procèed notwithſtanding any other. And this ſhews both there was need of a Prohibition to hinder, the Court might proceed without a Prohibition; And that a Prohibition ſhould not prohibit after a Conſultation, all to the ſtrengthening of this juriſdiction, (which ſtill ſtrengthens this right and title:) and hitherward alſo tend many things in that ſtatute as 'tis called, For the Clergy, Anno 25 Edw. 3.

p. 171Richard 2. was the next that ſate in the Throne, whence at the inſtance and ſpeciall requeſt of the Commons he publiſhed ſundry things in amendment and relief of the Realm, and among them two in relief of the ſtill oppreſſed as then thought and diſturbed Eccleſiaſticall Juriſdiction.111 R. 2. c. 15. The Prelates and Clergie of the Realme do greatly complain them of that Diſturbance, in matter of Tithes, againſt the Franchiſe, &c. But the words hereof were given22Pag. 151. before, there needs onelyonly now to remember thence: 1. That Triall of the Rights of Tithes is there ſaid to belong to the Church Court. 2. It was then ſo. 3. It33How long? Sir Edward Cook looks back to ſome then late. …cts of State, as 18 Ed. 3. cap 7. Articuli Cleri. 9 Ed. 2. circumſpectè agatis. in 13 of Ed. 1. &c. But the fartheſt of theſe was but within the compaſs of a Century toward the end of this yo…ng Kings great Grandfathers dayes, and ſo far unlike…y and …nfit then to take the ſtile & date upon them f…o… the gravity of a Parliament, to have it ſaid, Of old were wont to be: It was then ſcarce out of many mens memories, and if it had been within ken of any ſuch apprehenſion, the plain intention of thoſe ſages would no do…bt have meaſ…red out their words by things, and ſet it upon its right bottom of ſomething within view, which ſome of them had ſeen: to omit what ſhall be after ſaid is fuller anſwer and plainer proof that in Hen 3. time, (and then likely by …ſ… and c…ſto…e too) this diſcuſsion of Dues was made and acted here upon this Scene. had been ſo. 4. Of Right it Ought to be ſo. 5. To diſturb was againſt the Franchiſe (allowed and ratified by the Charter) All which things are there plainly in a Parliament law acknowledged. It was no new Incroachment, but an allowed uſage; It was no new Cuſtome then ſprung up, but foreign delivered from hand to hand through many Generations: It was not a ſenſleſſe Cuſtome, getting head, tantùm non againſt reaſon andequity at firſt, but the ſage and adviſed Law had thus at beginning ſtated, and till now declared and appointed: And maliciouſly and Unduly, 'tis ſaid, (to note the Fountain whence that grave Aſſemblie thought thoſe bitter Streams proceeding Malice and Wrong) men were indited for doing their then duty, as of Right they ought to do, and of old were wont to do: but to proceed; in the next Chapter is more.

Item, It is accorded, that at what time that any Perſon of holy Church be drawn in Plea in the Secular Court for his own Tithes taken by the name of Goods taken away, and he which is ſo drawn in Plea maketh an Exception, or alleadgeth that the ſubſtance and ſute of the Buſineſſe is onelyonly upon Tithes, due of Right and of Poſſeſſion to his Church, or to another his Benefice: that in ſuch caſe the general Averment ſhall not be taken without ſhewing ſpecially how the ſame was his Lay Cattall. Here was

p. 1721. Somewhat diſtinct from Lay Cattal, and to oppoſe thereto.

2. Tithes due of Right, and that by Statute-teſtimony.

3. Something to be done before the Secular Court can take notice when the ſubject is Tythes:

4. The ſcope of all to hinder that Court.

For if the Land-owner might ſuppoſe them Lay; then as it was an offence for the Church-man to take them, ſo that offence muſt be examined in the proper Lay Conſiſtory: but if they were Tythes taken away, (the Church-mans due Own) then elſewhere, (where it was known what would be ſaid) and That ſeems forbidden, This furthered. The Goods muſt not be ſuppoſed Lay Cattall, They might be proved the Takers own Tythes, which muſt be done onelyonly 'tis known where; And ſo the whole doubt of the Liſts where the Controverſie was to be tried, (which was the thing in queſtion) vaniſheth. This I take to be the meaning, the words being dark, and obſerve all along that Lindwoods Collection ſeems referred to as Text, and even the Secular Law relates ſtill to thoſe Rules (as approving) to try by them, whether this or That ſhall be taken for Tythes or not? So that interpretatively the very Canon (by approbation and allowance from abroad) is the Rule of ſome Civil Right immediate with us, and the Giver of ſome Title of Dominion, the Church by intimation and ſuppoſition of the Parliaments Civil Law.

Immediatly the next was Henry 4. of Lancaſter, whoſe fatherly care continued to keep together theſe Dues to the maintenance of Religion; and whereas ſome of the Order of Ciſteaux had procured Bulls for the diſcharge not onelyonly of the Land they uſed, (which was11Decr. Greg. t…t. de decimis. cap 10. ex parte tua. allowed and a ſingular Exemption) but of what they22Licet de benignita…e ſedis Apoſtolicae ſit vobis indultum, ut de laboribus, quos propriis manibus vel …umptibus colitis, nemin… decimas ſolvere teneamini: propter hoc tamen non eſt licitum vobis, decimas de terris veſtri, ſubtrahere, quas aliis tra…itis excolendas. id. cap. ſequ farmed out, which would not be allowed in manifeſt diſ-agreement from the reſt, againſt this it was ordered.332 H…n 4. cap 4. For as much as our Lord the King upon grievous Complaint made to him this Parliament, hath perceived that the Religious men of the Order of Ciſteaux in the Realm of England, have purchaſed certain Bulls, to be quit and diſcharged to pay the Tithes of their Lands, Tenements, and Poſſeſſions let to ferm or manured, p. 173or occupied by other perſons, then by themſelves, (for ſuch diſcharge muſt be, or elſe all paid;) In great prejudice and derogation of the Libertie of holy Church, and of many Liege people of the Realm: our Lord the King willing thereunto to ordain Remedie, by the advice and aſſent of the Lords Spiritual and Temporal, and at the inſtance and requeſt of the ſaid Commons hath ordained and ſtabliſhed, that the Religious Perſons of the Order of Ciſteaux ſhall ſtand in the ſtate that they were before the time of ſuch Buls purchaſed: And that as well they of the ſaid Order, as all other Religious and Seculars, of what eſtate and condition that they be, which do put the ſaid Bulls in execution, or from henceforth do purchaſe other ſuch Bulls of new, or by colour of the ſame Bulls purchaſed or to be purchaſed, do take advantage in any manner, That Proceſſe ſhall be made againſt them, and every of them by garniſhment of two moneths by Writ of Praemunire facias. And if they make default or be attainted, then they ſhall incur the pains and forfeitures conteined in the Statute of Proviſors, made in the 13 Richard 2. Done in the Parliament at Weſtminſter, in the Ʋtas of S. Hillary; and we have by it a notable evidence of the King and Kingdoms good will and allowance of the continuance of theſe Rights, that they would not ſuffer them to be curtolled or kept back unpaid, not by virtue of an Order from Rome, (whoſe power how great it then was, all know) but willed rather a Praemunire againſt the Detainers, Perverters, and their Adherents and Aſſiſters: The reſt did, ſo ſhould they ſet out their Dues, as of Right and accuſtomed; A ſtrong evidence they were due indeed, when the State would not ſuffer them unpaid! Now not onelyonly theſe but ſome others, it ſeems were wavering or ſhifting: The Fermours of Aliens gave within few years after occaſion to this Vote. Item,115 Hen. 4. cap. 11. It is ordained and eſtabliſhed that the Fermours and all manner Occupiers of the Mannours, Lands, Tenements, and others Poſſeſſions of Aliens, ſhall pay, and be bound to pay all manner of Diſmes. (It ſeems others did, for this was no poſitive ſingle Impoſition upon them, but onelyonly an Exemption from that they would have been exempted from) p. 174thereof due, (they were then no voluntary Benevolences, but diſcharge of Duty, and Due upon Command, though more acceptable if their readineſs made them free-will-offerings,) To Parſons and Vicars of holy Church in whoſe Pariſhes the ſame Mannours, Lands, Tenements, and Poſſeſſions be (according to the manner then uſed and cuſtom eſtabliſhed for parochial diſcharge) ſo aſſeſſed and Due. Again, as the law of holy Church requireth. (That the bottom, indeed of all, looked upon by the State, and here required to have obedience; and in others by the ſame reaſon; for why ſhould we think Theſe had any ſpeciall Obligation to a Rule by themſelves from the univerſal, which did rule all?) Notwithſtanding that the ſaid Mannours, Lands, Tenements, or other Poſſeſſions, be ſeiſed into the Kings hands, or notwithſtanding any prohibition made or to be made to the contrary. And yet notwithſtanding all this too, that backwardneſs and evaſion of the Ciſtertian crept further, which made it needfull to binde up all by an univerſal Decree within few years after, The grievance and remedy are there both thus propoſed together. Item, It 117 Hen 4. cap. 6.is ordeined that no perſon Religious or Secul…r, (which is large enough) of what eſtate or condition that he be, by colour of any Bulls conteining ſuch Priviledges, (There muſt be Priviledges, and if Bulls from Rome could not afford them, What as then could? The common condition of things is known; (to be diſcharged of Diſmes pertaining to Pariſh Churches, (Payment and Parochial. Again,) Prebends, Hoſpitals, or Vic. rages purchaſed before 1 Rich. 2. or ſithence not executed, ſhall put in erecution any ſuch Bulls ſo purchaſed, or any ſuch Bulls to be purchaſed in time to come: And if any ſuch Religious or Secular perſon, of what eſtate or condition he be, from henceforth by colour of ſuch Bulls, do trouble any perſon of holy Church, Prebend…ries, Wardens of Hoſpitals, or Vicars, ſo that they cannot take or enjoy the Tithes Due or pertaining to them of their ſaid Benefices, Then to incur like pain at the Ciſtertian before. Thus to and in the time of Hen. 4. whither the proceedings ſhew all along the good will of the State (whoſe Acts theſe have been) in favour of p. 175theſe Dues; looking on and not hindering, but as was occaſion and fit, furthering the due execution of their neighbouring Courts Laws, ever and anon renewing the pledges of their love and teſtimonies of their good will, that the wheels might keep moving that brought in Tithes from every Poſſeſſour, and now it was as clear all abroad and evident to us they did ſo, as that men poſſeſſed any thing. Henceforth therefore particular Laws were not multiplied, (as they needed not,) aiming purpoſely and directly at the ſettling or recovery of them, but thoſe that were, were left to due execution, and that enough. The fruit doubtleſs (by the Churches Authority as before directly uſed to call for them, and the Secular Powers aſſiſtance thus to bring them in,) ſuch an univerſall Payment (ſave where Achan would hide his Golden Wedge from the holy uſe it had been deſigned for, or11foreign. Acts 5. 2. Slipt off ſomewhat from it. When our Tithes might have probably ſeemed our own, we had colour of liberty to uſe them as we ſaw good: But having made them H… whoſe they are, let us be warned by other mens example what it is foreign, to waſh or c…p that Coyn which hath on it the mark of God. H…ker Polit lib. 5. Sect 79. pag. 429.Acts 5:2 Ananias and his Wife foreign, clip the Shekel appointed for the Sanctuary, I mean, coveteous or profane men did by evident injuſtice hold back known Dues, againſt the Law,) that it needed and had a peculiar Exemption, whoſeover now paid not. I need not be exempted from a Nineth or Eleventh, becauſe none due to be required: I want no ſpecial Priviledge to be free from contributing to a Paſchal Lamb, or my Shekel for Jeruſalem yearly, or the old Peter-pence, becauſe none ſuch now exacted among us: but to be free from this Tribute to the maintenance of Chriſtian Religion, an Exemption was needed, which proves the Suppoſitum ſtrongly, even as an Exception ſuppoſes an allowance of things otherwiſe by the general Rule, and an Exoneration or Diſcharge from an Impoſt or Quit-rent to have been paid, allows that it was due. Three22See a little before; but remember, that this Exemption was not then ſo much granted to theſe Orders, as a general Exemption granted before to all Orders reſtrained then to theſe. ſorts were indeed ſo exempted, (and it was need ſo, elſe they muſt have paid) 1. The Templars, till they were 33Vid. Stat. de terris. Templariorum in 17 Ed. 2. p. 111. of Pultons Abridgement.taken off in Ed. 2. time, and their Indowments ſettled on the Knights of Jeruſalem. 2. Thoſe Knights themſelves keeping their own, and p. 176ſucceeding to what as but now. And thirdly, the Ciſtertians▪ (of which alſo before,) all by the Decree of the Laterane Councel; and with them ſome others alſo: As All the Orders 11Caeteris verò ut de novalibus ſuis quae propriis manibus vel ſumptibus excolunt, & de nutrimentis animalium ſuorum, & de hortis ſuis decimas non perſolvant. Alexand. 3. in Deciet. lib. 3. tit. 30. cap. 10.for their own new broke Grounds, their paſture ground for their Cattle, and their Garden fruits; ſome 22Whereof ſee a very learned Diſcovery in Mr. Selden of Tythes. cap. 13. Sect. 2.for all their demains by particular Charter from Rome; or by preſcription, (of lands in the poſſeſſion of Clerks;) or by Grant, or by Compoſition, or by Cuſtome: but theſe ſtill, and the more they were, do all ſo much the more confirm the general uſage, from which that men might be free they needed this Exemption. And this ſo well ſettled and quietly ſubmitted to, that till the lowd and boiſterous ſtormes in Hen. 8. time, when all was ſhaken, I meet not with here any diſturbance, or any publick order, that (it ſeems) needed or had occaſion to call for any new obedience. The Canons, laſt as they had been, placed as they were, and aſſiſted (which was never wanting) with the whole force of the Temporal Power, kept all in awe, nor were Tythes but brought into the Store-houſe All, in the Prophets phraſe to have better uſe made of them than I doubt commonly was. For 'tis the charitable intention of man, the wiſe proviſion of the Law, by the bleſſed providence of God that ſets things often in a good way to honeſt or holy ends, but the corruption of man hinders; ſeldom does one half come to good, or are the things not to abuſe enough perverted, how well or piouſly ſoever levelled and intended.