The Civil Right of Tithes, Ecclesiastical tract · Chapter 22
CHAP. XXIV.
THere remaineth yet one Statute more, the laſt direct: He that reades the former, and conſiders their plain, open, and full Contents, would ſcarce think it requiſite their plainneſs ſhould have an expoſition, or their fulneſs and ſufficiency could need any ſupplement: but men love the things of this World Dearly, if any evaſion be to be made from parting with the love of their ſouls, they will finde it: Call they the things of this World Goods? their fears, hopes, cares, deſires, and all the affections of their ſouls ſhew an higher price in their eſtimation, as Beſt; and loath to depart they ſing, for Religion, Goſpel, the Service of God, and to redeem the acknowledged Ordinances of Heaven from the land of utter forgetfulneſs. Such is their worldly mindedneſs: I ſpeak not of all, but ſo many there were heretofore as made it needfull to add, what young King Edward did, and by the advice and Authority of his Parliament to make yet ſtricter proviſion that former good Laws ſhould not be perverted (though 'tis complained His is ſince as much perverted as any) and men might not withdraw their Dues upon any occaſion. This was done ſoon after he began his Reign, and in the words following.
Whereas in the Parliament holden at Weſtminſter the fourth day of February, In what manner Tythes ought to be paid. 2 & 3 Ed. 6. c. 13.the ſeventéenth year of the late Hen. 8 there was an Act made concerning paiment of Tithes predial and perſonal, and alſo in another Parliament, July 24. in 32 Hen. 8. another Act was made concerning true paiment of Tithes and Offerings; in which ſeverall Acts many and divers things be omitted and left out, which were convenient and very neceſſarie to be added to the ſame: In conſideration thereof, and to the intent the ſaid Tythes may be hereafter truly paid according to the minde of the makers of the ſaid Act: Be it ordained by the King our Soveraign Lord, with the aſſent of the Lords Spiritual and Temporal, and the Commons in this preſent Parliament aſſembled, and by the Authoritie of the ſame, That not onelyonly the ſaid Acts made in the ſaid 27 & 32 of Hen. 8. concerning true paiment of Tithes, and every Article and branch therein conteined ſhall abide and ſtand in their full ſtrength and virtue; but alſo be it further enacted by Authoritie of this preſent Parliament, that every of the Kings Subjects ſhall from henceforth, truly and juſtly without fraud or guile, divide, ſet out, yéeld and pay all manner of their prediall Tythes, in their proper kinde, as they riſe and happen, in ſuch manner and form as hath béen of Right yéelded and paid within fourty years next before the making of this Act, or of Right or Cuſtom ought to have béen paid. And that no perſon ſhall from henceforth take or carry away any ſuch or like Tythes, which have been yéelded or paid within the ſaid fourty years, or of Right ought to have béen paid in the place, or places tythable of the ſame, before he hath juſtly divided or ſet forth for the Tythe thereof the tenth part of the ſame, or otherwiſe agréed for the ſame Tythes, with the Parſon, Vicar or other Owner, Proprietarie, or Fermour of the ſame Tithes under the pain of Forfeiture of treble value of the Tithes ſo taken or carried away.
And be it alſo enacted by the Authoritie aforeſaid, that at all times whenſoever, and as often as the ſaid prediall tithes ſhall be due at the …he tithing time of the ſame, is to be1In continuance of care the might be for remedying that … mentioned to be redreſſed, and was redreſſed by the Provincial of Sim. Mepham before, Cap. Quia quidam, tit. de decimis. Vid. Sup pa. 136. & 171. lawful to every partie, to whom any of the ſame tithes ought to be paid, or his Deputie, or ſervant, to view and ſée their ſaid tithes to be juſtly and truly ſet forth, and ſevered from the 9 parts, and the ſame quietly to take and carrie away. And if any perſon carry away his Corn, or Hay, or his other predial tithes, before the tithes thereof be ſet forth, or willinglie withdraw the tithes of the ſame, or of ſuch other things, whereof predial tithes ought to be paid, or do ſtop, or let the Parſon, Vicar, Proprietarie, Owner, or other their Deputie or Fermours, to view, take, and carrie away their tithes, as is aboveſaid, by reaſon whereof the ſaid tithe or tenth is loſt, impaired, or hurt, that then upon one proof thereof made, before the Spiritual Judge, or any other Judge, to whom heretofore hee might have made complaint, the party ſo carrying away, withdrawing, letting or ſtopping, ſhall pay the double value of the tenth or tithe ſo taken, loſt, withdrawn or carried away, over and beſides the coſts, charges, and expences of the ſuit in the ſame, the ſame to be recovered before the Eccleſiaſtical Judge, according to the Kings Eccleſiaſtical Laws.
And, Be it farther enacted by the Authoritie aforeſaid, That all and every perſon which hath, or ſhall have any Beaſts, or other Cattle …, going, féeding, or departuring in any waſte or common ground, whereof the Pariſh is not certainly known, ſhall pay their tithes for the increaſe of the ſaid Cattle ſo going in the ſaid Waſte or Common, to the Parſon, Vicar, Proprietarie, Portionarie, Owner, or other their Fermours, or Deputies of the Pariſh, Hamlet, Town, or other place, where the owner of the ſaid Cattle inhabiteth or dwelieth.
Provided always, and be it enacted by the Authoritie aforesaid, that … perſon ſhall be ſued, or otherwiſe compelled to yéeld, give, or pay any manner of tithes, for any Mannors, Lands, Tenements, or Hereditaments, which by the Laws and Statutes of this Realm, or by any Priviledge or Preſcription, are not chargeable with the payment of any ſuch tithes, or that be diſcharged by any compoſition reall.
Provided alwaies, and be if enacted by the Authoritie aforeſaid, that all ſuch barren, heath, or waſte ground, other then ſuch as be diſcharged for the payment of tithes by Act of Parliament, which before this time have lain barren, & paid no tithes, by reaſon of the ſame barrenneſſe, and no to be, or hereafter ſhall be improved and converted into arable ground or meadow, ſhall from henceforth, after the end and term of ſeven years, next after ſuch improvement fully ended and determined, pay tithe for the Corn & Hay growing upon the ſame: Any thing in this Act to the contrarie in any wiſe notwithſtanding.
Provided alwaies, and be if enacted by the Authoritie aforeſaid, that if any ſuch barren, wa…te, or heath ground, hath before this time been charged with the payment of any tithe…, and that the ſame be hereafter improved and converted into arable ground or meadow, that then the owner or owners thereof, ſhall▪ during the ſeven years next following, from and after the ſame improvement, pay ſuch kind of tith… as was paid for the ſame, before the ſaid improvement: Any thing in this Act to the contrary in any wiſe notwithſtanding.
And be it farther enacted by the Authoritie aforeſaid, that every perſon exerciſing Merchandiſes, Bargaining and Selling, Cloathing, Handicraft, or other Art or Facultie, being ſuch kinde of perſons, and in ſuch places, as heretofore within theſe fortie years have accuſtomably uſed to pay ſuch perſonal tithes, or of right ought to pay, (other then ſuch as have béen common day-labourers,) ſhall yearlie at or before the Feaſt of Eaſter, pay for his perſonall tithes, the tenth part of his clear gains, his charges and expences, according to his eſtate, condition, or degree, to be therein abated, allowed, and deductes.
Provided, And be it alſo enacted by the Authoritie aforeſaid, that if any perſon refuſe to pay his perſonal tithes in form aforeſaid, that then it ſhall be lawful to the Ordinarie of the ſame Dioceſſe, where the partie that ſo ought to pay the ſaid tithes is dwelling, to call the ſame partie before him, and by his diſcretion to examine him by all lawful and reaſonable means, other then by the parties own Corporal Oath, concerning the true payment of the ſaid perſonal tithes. Then after a Proviſo about Eaſter-offerings.
Provided alſo, and be it enacted by the Authoritie aforeſaid, that this Act or any thing therein contained, ſhall not extend to any Pariſh, which ſtands upon and toward the Sea-coaſts, the commodities and occupying whereof, conſiſteth chiefly in fiſhing, and hath by reaſon thereof uſed to ſatisfie their tithe by Fiſh: but that all and every ſuch Pariſh and Pariſhes ſhall hereafter pay their tithes, according to the laudable cuſtomes, as they have heretofore of ancient time, within theſe fortie years uſed and accuſtomed, and ſhall pay their offerings as is aforeſaid.
Provided always, and be it enacted by the Authoritie aforeſaid, that this Act or any thing therein contained, ſhal not extend in any wiſe to the Inhabitants of the Citie of London, and Canterbury, &c. And be it further enacted by the Authoritie aforeſaid, that if any perſon do ſubtract, or withdraw any manner of tithes, o… ventions, profits, commodities, or other duties before mentioned, or any part of them, contrarie to the true meaning of this Act, or of any other Act heretofore made, that then the partie ſo ſubtracting, or withdrawing the ſame, may or ſhall be convented and ſued in the Kings Eccleſiaſticall Court, by the partie from whom the ſame ſhall be ſubtracted or withdrawn, to the intent the Kings Iudge Eccleſiaſticall ſhall and may then and there hear and determine the ſame according to the Kings Eccleſiaſticall Laws. And that it ſhall not be1How then have ſuits been ordinarily and at firſt inſtance commenced where they have been? lawful unto the Parſon, Vicar, Proprietarie, Owner, or other their Fermor, or Deputies, contrarie to this Act, to convent or ſue ſuch withholder of tithes, obventions, or other duties aforeſaid, before any other Iudge, then Eccleſiaſticall. And if the ſentence given finde not obedience, the partie to be excommunicate, in which ſtate if he ſtand fortie daies, upon Certificate into the Chancerie, to have the Writ ſued out De Excommunicato Capiendo, &c.
And before a Prohibition granted, the Libel to be ſhewed to the Iudge, &c. whoſe hands (the Ecccleſ. Iudges) are after bound he ſhall not hold plea of any matter, cauſe, or thing, being contrarie repugnant to, or againſt the intent, effect, or meaning of the Statute of Weſt. 2. cap. 5. the Statute of Articuli Cleri, Circumspectè Agatis, Sylva Caedua, the Treatiſe De Regia Prohibitione, ne againſt the Statnte of 1 Edw. 3. cap. 10. (as 'tis printed, but it ſeems to be rather from the ſecond Parliament of 1 Edw. 3. ca. 11.) ne yet hold plea of any thing whereof the Kings Court of right ought to have Iuriſdiction: Any thing therein contained to the contrary in any wiſe notwithſtanding, Except for tithe of Marriage goods in Wales.
I have given this the more fully, becauſe it ſeemeth the laſt direct binding law: and though it be at top, the bottome whereon all is ſettled; But ſo is it not: There is that lays five times deeper, as hath been ſhewn, and the axe muſt be laid to the root of the tree, even the bottome of all Law with us, and more then 500 years deep before the utmoſt can be reached here, which every private man ſhould do well to think of, that dares give his thoughts ſcope to deliberate about eradication. What is it to go down ſo low, and ſtrike at thoſe humours by ſtrength of Phyſick that have their ſediment at the Root of Nature? Galens hand trembled the day before he gave his Rubarb, foreſeeing thereby the violence he muſt offer to the whole by pulling away a part, and to fetch ſome ſuperfluities away, the Body muſt be ſhaken: If vigour of nature ſhould not here meet to aſſiſt, no leſs danger or fear then which it might import to think of purging out ſo ſettled corruptions; if tythes be ſuch, and not as many take them, very wholeſome juices. But to the Statute; the words whereof carrie as much ſhew of openneſs and plainneſs, and this written in the face of them, as can be expected or could be deviſed, and that for more then a tyrannically impoſed exaction, a legal and juſt right of all accuſtomed Tenths to be hereby both payable and demandable: Nor do I fear to be miſtaken, becauſe lately peruſing them, the moſt Learned Lo. Cook I finde his interpretations agreeing with theſe my apprehenſions. Though why name I him alone, when all the Learned go the ſame way? the painful Students, the profeſſing Graduates, the whole Innes of Court, doubtleſs, and as well as the Reverend now Judges as the whole Bench of them ever ſince have gone on interpreting, declaring, and judging according to this opinion.