The History of TITHES That is, 

The Practice of PAYMENT of them.  
The Positive LAWS made for them.  
The OPINIONS touching the Right of them.    
A REVIEW of it. Is also annexed, which both Confirms it and directs in the Use of it.  
By I. SELDEN.  

Nec partis studijs agimur. Sed sumsimus arma  
Consilijs inimica tuis, IGNAVIA fallax!   
M.DC.XVIII.   

To the most honoured Sr ROBERT COTTON of Connington. Knight and Baronet.  
Noble Sir;  
Justice, no less than Observance, urges me to inscribe this History of Tithes to your name. So great a part of it, was lent me by your most ready Courtesy and able Direction, that I restore it rather than give it you. And it cannot but receive an increase of estimation from your interest thus seen in it. For to have borowd your help, or used that your inestimable Library (which lives in you) assures a curious Diligence in search after the inmost, least known and most useful parts of Historical Truth both of Past and Present Ages. For such is that Truth which your Humanity liberally dispenses; and such is that which by conference is learned from you. such indeed, as if it were, by your example, more sought after; so much headlong Error, so many ridiculous impostures would not be thrust on the too credulous, by those which stumble on in the Road, but never with any care look on each side or behind them. that is, those which keep their Understandings always in a weak Minority that ever wants the Authority and Admonition of a Tutor. For, as on the one side, it cannot be doubted but that the too studious Affectation of bare and sterile Antiquity, which is nothing else but to be exceeding busy about nothing, may soon descend to a Dotage; so on the other, the Neglect or only vulgar regard of the fruitful and precious part of it, which gives necessary light to the Present in matter of State, Law, history, and the understanding of good authors, is but preferring that kind of Ignorant Infancy, which our short life alone allows us, before the many ages of former Experience and Observation, which may so accumulat years to us as if we had lived even from the beginning of Time. But you best know this; in whom that useful part is so fully eminent, that the most learned through Europe willingly acknowledge it▪ and so open hath your courtesy ever made the plenteous store of it to me, that I could not but thus offer you whatsoever is in This of mine own also, as a symbol of some thankfulness. It was at first destined to you. And however through the hasty fortune that (I know not why) it suffered at the Press, some pieces of it have been dispersed without the Honour that your Name might add to them; I shall be yet ever so ambitious of that Honour, that the whole shall never (for so much as I can prevent) be communicated without this prefixed testimony of Duty to you. Receive it favourably, Noble Sir; and continue to me that Happiness which I enjoy in that you neither repute me unworthy of your Love, nor permit me in Ignorance when I come to learn of you.  
From the Inner Temple, April. IV. M.DC.XVIII.   

THE PREFACE.  
IT hath even so happened with not a few of the Malicious (what through lazy Ignorance, what through peevish jealousy) at their first sight or hearing of the name of this History of Tithes, as it was wont with those raw Novices, that, upon their first admission to the sacred Mysteries of the Gentiles, troubled and frighted themselves with a world 
* Proclu● in Platonic▪ ●heolog. lib. 1. ca●. 3 & lib. 4. cap. 1●.  of false apparitions while they thought of what they should see in the inmost Sanctuary at the unknown presence of their Deity. And doubtless, the Priest had not a little work to persuade them that what they should there meet with, was not an unlucky Empusa, not a formidable Mormo, not a wanton Cobalus, not a mischievous Fury, not indeed any thing that their idle brains, being such mere strangers to the abstrusest parts of Truth, had fashioned out. The many fancies that Malice, Ignorance, and jealousy have framed to themselves touching this of Mine, have been no less ridiculous; and some equally fearful, but equally false. And I must here first play the Priest also, and so clear, if it were possible, those Fancies, by protesting that it is not written to prove that Tithes are not due by the Law of God; not written to prove that the laity may detain them, not to prove that Lay hands may still enjoy Appropriations; in sum, not at all against the maintenance of the Clergy. Neither is it any thing else but itself, that is, a mere Narration, and the History of Tithes. Nor is the law of God, whence Tithes are commonly derived, more disputed of in it, than the Divine Law, whence all Creatures have their continuing subsistence, is inquired after in Aristotle's history of living Creatures, in Pliny's Natural history, or in Theophrastus his history of Plants; or then the justice of the old Courts of Rome, is examined in Brodaeus his history of them, or the convenience of the Civil and Canon Laws in that of Rivallius. Nor was any thing, that belonged to the Title, purposely omitted. Nor was any piece of it stolen from any other man's notes. That as the rest also hath been most maliciously imputed by some that so impudently dare conjecture (though they be far enough from being either— arte aut scientia Divini) and as judiciously censure it or me, as those in Lucian, could Euripides, that were weekly stark mad in Rhyme till Winter, by reason of what they had heard of his Tragedies in Summer, and could neither judge at all of what they said nor yet possibly hold their peace. But they know there are never wanting long ears ready stretched out to base detraction; and that animates them. I know not how otherwise to confirm these protestations then by sending him, that beleeus me not here, to the view of the whole. He may be there further satisfied. and shall then see also that it is not of the Pitch of the Doctrine of the breviary, or within the compass of Pocket-learning. Nor will it, I think, look like what were patched up out of Postils, Polyantheas', common place books or any of the rest of such excellent Instruments for the advancement of Ignorance and Laziness. Nor is any end in it, to teach any Innovation by an imperfect pattern had from the musty Relics of former time. Neither is Antiquity related in it to show barely what hath been (for the sterile part of Antiquity which shows that only & to no further purpose, I value even as slightly as dull Ignorance doth the most precious and useful part of it) but to give other light to the Practice & doubts of the present. Light, that is clear & necessary. nor could such as have searched in the Subject see at all often, for want of such Light. But illos non peto, piscem peto. Neither hath it at all wanted the most approving censures of such as are of choicest Learning, ablest judgement, and truly Decumatissimi aswell in worth as Title. Nor is it at all material what any one shall cast on it through his secure confidence only, in any of those old 
a Isidor. P●●ufiota lib. 1. Epi●t. 92.  ensigns of dissembled Ignorance or Gravity, the Beard, the Habit, and Title. It is for such to learn by, not at all to censure. And none of the Ingenuous and Learned, that read it, will be backward, I think, to allow it for Truth, as he did that first licensed it for the Press with Ita est & subscription of his Name.  
But we leave this preposterous Admonition in Negatives (yet by reason of the headlong importunity of such as have in great number already misconceiud it, they were necessary and could not elsewhere have had so fit place) and shortly thus delineate what it is by the end and purpose of writing it; by the Argument of it; by the Course of composing it; and by the sum of performance in it in behalf of the Clergy.  
For the first; we find that in the frequent Disputations about Tithes, not only Arguments out of holy Writ for proof of a Divine right to them, but matter also of Fact, that is, Practice and Story, is very often used; as the kinds of payment of them among the Ebrews, among the Gentiles, the Maintenance of the Church in the Primitive times, the arbitrary Consecrations, Appropriations and Infeodations of them in the middle times, the Payment of them at this day in the several States of Christendom, together with the various Opinions and positive Laws touching them. For, Opinions and Laws, as they are related only and fall under the Question of what and whence they were, are merely of Fact. And proofs are hence often drawn to confirm sundry occurrences in inquiry for the truth on either side. That of the Divine right of them is so wholly a point of Divinity and handled so fully by divers Schoolmen, so imperiously by most of the Canonists, and so confidently by some of our late Divines, that what ever could be said touching that only, by inference out of the holy Text (which must be the sole trial of it) would but seem taken from some of them which have so purposely disputed it. Neither were that so fit to be meddled with by any as by a professed Divine. But for that other part which falls under History, there is not one of them all which having boldness enough to adventure on it (which he disputes withal of the divine right) shows not also too much either Ignorance or Negligence in talking of it, being usually deceived and deceiving in it those most of Readers that give their Historical faith captive to bare Names and common reputation. And as in that old 
c AElian▪ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. lib. 13. cap. 22.  picture of Homer the rest of the following Poets greedily swallowed what ever he had vomited forth; so among these, one so rashly receives herein error from another, and so increases it, that there was never found a better example of the old proverb Sardi Venales, or worse and worse, then in most of their multiplied pamphlets of it. which of them relates towards what is fit to be known touching the payment among the Ebrews? among the Gentiles? among Christians of former time? nay, which of them seem to know or to have heard of the chief human positive Laws made for Tithes? yet would they gladly use them if they had them. where is there among them an ingenuous discovery of the various Opinions of past Ages that belong hither? who of them once touches the right ancient course of settling Tithes at first in Monasteries, Colleges, or other such Corporations, by Appropriations and Consecrations of them? who of them tells us other then mere fables, while he talks of the original of Infeodations? and with what patience can you read those which as great Doctors talk of Exemptions, and pretend themselves to the world for such as discover the most secret curiosities, or cornicum oculos configere, tell us of four Orders exempted, and make the Hospitalers and those of S. john's of jerusalem to be two of them, with other such most gross and ridiculous absurdities? and it is a common, but most deceiving argument among them, affirmatively to conclude Fact or Practice of Tithing from what they see ordained for Tithes in any old Canon of the Church. as if every thing so ordained, necessarily had also a following use. it being indeed frequent enough to find Canons directly contrary to following Practice; and that even in the proceedings of the Canon Law, which (as the body of it is) was never received wholly into practice in any State, but hath been ever made subject in whatsoever touches the temporalties or maintenance of the Church (which come from Lay men) to the variety of the secular Laws of every State, or to national customs that cross it. Is it enough to prove that Parish Churches, in England, were regularly ever to be repaired by the Parsons, because the general 
d Extr. tit. de Eccl●s. adipic. c. 4. the his.  Canon Law is so? or that a Clergy man might not have bequeathed any chattels wherein he had right in respect of his Church, because also by that 
e Extr. tit. de offi●. judicis Ordinari● c. 4 cum 〈◊〉.  Law he might not? In England, general customs of the contrary in both cases still 
f Li●dwood. ●. Nullus, tit. de consu●tudine. & tit. de officio Archidiac●n● c. Archid●●con●. verb. ●eparatione. & de Testamentis. c. ut Clerk▪ calis, verb. l●g●ti●a  held, and in many other as you see in Lindwood, who knew both the general practice here and the Canons, and often also teaches their differences in other cases. very many like may be found in other States, by comparing their immemorial customs and old ordinances that are against the Canons, and that both in the Eastern and Western Churches. and for the Eastern Canon Law; passages are found to this purpose in Zonaras 
g Videses utrosque in C●●. Conc. Chalced. 12. & 6. in Trull● 38. & 55. & Balsam. in Chalced. Can. 15. & 28. praeter id quod de Agapio & Gabadi● Episcopatum Bostrensem petentibus, subiungitur Concilio Carthaginiensi.  and Balsamon, the two chief and ancient Canonists of that part. The laity at pleasure commonly limited the Canon Law especially where it touched their dignities or possessions (and that aswell before Luther so derogated from the authority of it by burning it at 
h Sleiden. Commentar. lib. 2.  Witteberg in a public assembly, in despite of the Pope, as after) which might be manifested by a world of examples. but it is most clear to all that know History. To argue therefore from affirmative Canons only to Practice, is equal in not a few things (and especially in this of Tithing) to the proving of the Practice of a custom from some consonant Law of Plato's common wealth, of Lucian's men in the Moon, or of Aristophanes his City of Cuckoos in the clouds. To supply therefore the want of a full and faithful collection of the Historical part, was the end and purpose why this was composed which might remain as a furnished armory for such as inquire about this Ecclesiastic Revenue, and preferring Truth before what dulling custom hath too deeply rooted in them, are not unwilling to change their old acorns for better meat.  
As touching the Argument of it; the whole being XIV. Chapters, the first VII. are thus filled. the first hath what is, in best authority of the ancients, belonging to those Tithes paid before the levitical Law. the second the several kinds paid by the jews under the Law. and this from Hebrew Lawyers. The third shows the Practice of the Romans, Grecians, and some other Gentiles, in paying or vowing them. Then the whole time of Christianity being quadripartitly divided (with allowance of about XX. years more or less to every part) takes up the next Four Chapters, in which the Practice of payment of Tithes, arbitrary Consecrations, Appropriations, Infeodations and Exemptions of them, establishment of Parochial right in them, as also the Laws both Secular and Ecclesiastic, with the Opinions of Divines and Canonists touching them, are in their several times manifested; but so only, that whatsoever is proper to this Kingdom of England either in Laws or Practice, either of Payment or of arbitrary Consecrations,, Appropriations, or Infeodations, or establishment of Parochial right, together with a Corollary of the ancient jurisdiction whereto they have been here subject, is reserved all by itself to the next Seven Chapters. But every of the XIV have their Arguments prefixed, which may discharge me of further declaration in this place. By this time, I trust, you conceive what the name of History in the Title pretends. and the Tithes spoken of purposely in it (for perhaps it is needful to admonish that also) are only such as either have been paid, vowed, or dedicated to holy uses, or else give light to the consideration of the performance or omission of such payment. Neither the Decimae Saladinae, nor the Decimae Papales (which were wont to be imposed) nor the Decima litium in the Imperials, nor the old ratio Decimarum upon the Lex Pappia, have had place here, nor the like, which are no more to this subject than the Tithes paid to the Crown by our Clergy, or by those of the Boroughs by grant in Parliament, or the Terrages in Tenths reserved by Lessors often in France and Spain, or the Tenths anciently paid in some places, as Impost upon Merchandise, or that old custom of England, in paying the Aurum Reginae, that is a Tenth part of as much money to 
i De ea re consulas si plura velis, joscelinum de Bark● land, c●p. 24. Ms. in Bibl. Cottoniana & Codicem illum Geruaesii T●lburie●sis dictum in Sca●carij Archiw.  her as was given at any time to the King, or other such. Nor had the Tithes of houses in London, place here 
k Chap. 8. §. ●9.  otherwise then as they occur in those Acts of Parliament and the Decree under Henry the eight, that mentions the Ministers maintenance by the name of Tithes. For before that Decree, however the LII. farthings paid on Sundays only were near the just Tithe of every Xs. Rent (that is about 1/9.) and were perhaps thought on by that name (as may be collected out of Lindwood) yet these joined with the other Offerings of great Festival days, made up indeed only a certain competency of maintenance, but could not properly be reputed among Tithes. neither in regard of their Value, nor (as compared with the ancient institution of Tithes among the jews) in respect of their Nature. For their value came to much more than a Tithe, as also that doth which hath the name of Tithe at this day in London. neither is there reason enough why the LII. farthings that were offered on Sundays should be severally, and as divided from the other Offerings, thought on to this purpose. And for their Nature before these Acts and the Decree; I here offer only what I find in a short discourse, titled, A devise how the Curates of London may be provided of sufficient livings, written under Henry the eight, and remaining yet among the Records of the Exchequer. the Author of it first shows that all Ministers of God's word should give freely their labours in the Church, and be maintained of the Tithe of the free gifts of the earth; as of cattle, Corn and Fruit; which he supposes is as freely given them by the Almighty, through the labour of the people, as the preaching of the Word and administration of Sacraments is to the people through the labour of the Ministers. But he permits not that any money or other profit, being not living gifts, as he calls them, is by the Law of God Titheable. so that where no such living gifts and increase are, there no Tithes (as Tithes) are payable to them, as he concludes. Nor indeed is any mention of other Tithes in the levitical Law, then of the increase of the earth in Fruit and cattle, that is of the gain only out of those more natural Trades (which 
l Polit. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. cap. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  Aristotle elegantly styles 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉) of tilling the Earth and breeding of cattle. and that which holy Writ calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Theboah, that is, increase or revenue, where the Law of predial Tithing is iterated, is understood by the jewish Doctors of the fruits and increase, given us out of the soil; and is well Paraphrased by the Septtuagint when they turn it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, the increase of the earth. and in the vulgar it is expressed by fruges. But then, It is to see by what Law Curates of Churches in London can have (so are the very syllables of that discourse) any living of the people otherwise but like as the people by their own consents will give them for their Office doing. In very dead they must have leavings to keep them out of necessity. and thereby it is to see how in London they cannot receive their leavings of god by no lively gifts of grace, like as in the Country. But in London they must receive their leving of men's gifts; that is money which is every man's own, for their office doing. The Pope by his Law nor by his Bulls cannot compel no man to giffe his own good to them for their office doing more than people will consent to giff them. for Christ saith that their leving is freely given them of God, if they do their office to see all people work. Therefore that if the people have not labours and leving, they ought to have none nor can make no Law whereby to axe no man's good. Therefore that leving which they have had in London hath been by the consents of the people which hath long time given them xivd. of every noble rated by the rents of houses which hath been rich leving: wherewith they not content but over that hath procured of the people money so many ways by casualties of Beryalls, Crystning, Weddings, Obits, and Offerings, yhe and secretly rifleth men's consciences taking privy Tithes of whatsoever they can get, be it out of evil gotten goods. howsoever they can get it, they call it there duty. and thence he says some Benefices were worth Cli. some LXXXli. some C. marks, others Lli. and then he shortly advises how the Minister's maintenance should be otherwise there limited and levied. But who sees not enough now that what is called Tithes of houses in London, is rather called so only then is at all so? yet because the name of Tithes in those Acts of Parliament, is given to the Ministers maintenance there, it had been perhaps reputed negligence to have omitted the remembrance of them, in the course of composing it. The Testimonies were chosen by weight, not by number. taken only thence whither the margin directs, never at second hand. Neither affected I to muster up many petty and late names for proof of what is had wholly by all from ancient Fountains. The Fountains only and what best cleared them, satisfied me. and I supposed every judicious Reader would be so best satisfied also. For in mere matter of elder story, what credit can Nauclerus, Cairo, Cuspinian, or the numerous rest of later time, add to the testimonies of those Ancients yet extant, from whom they borrowed what ever they have new dressed of preceding ages? Petrus Comestor, or Ludolphus de Saxonia may aswell increase the credit of holy Writ, as those other may the truth of such Histories as instructed them in common with the rest of posterity. Neither at all wish I that this of mine should gain any strength of Truth from my Name alone, but from those authorities which I have designed and brought, both for Elder, Late and Present times, out of such both Printed and Manuscript Annals, Histories, Counsels, Chartularies, Laws, Lawyers, & Records only as were to be used in the most accurate way of search that might furnish for the subject. yet also I have not neglected the able judgements of such of the learned of later time, as give light to former ages. but I so preferred the choicest and most able, that I have wholly abstained from any mention or use here of those many Ignorants that (while they write) rather instruct us in their own wants of ability, then direct to any thing that may satisfy. If through ignorance I have omitted any thing in the History or the Review, that deserved place in them; who ever shall admonish me of it shall have a most willing acknowledgement of his learning and courtesy▪ But all the bad Titles that are ever due to abuse of the holiest obtestation, be always my companions, if I have purposely omitted any good authority of ancient or late time, that I saw necessary, or could think might give further or other light to any Position or part of it! For I sought only Truth; and was never so far engaged in this or aught else as to torture my brains or venture my credit to make or create Premises for a chosen Conclusion, that I rather would then could prove. My Premises made what Conclusions or Conjectures I have, and were not bred by them. And although Both of them here not a little sometimes vary from what is vulgarly received; yet that happened not at all from any desire to differ from common Opinion, but from another course of disquisition than is commonly used; that is, by Examination of the truth of those Suppositions which patient Idleness too easily takes for clear & granted. For the old sceptics that never would profess that they had found a Truth, showed yet the best way to search for any, when they doubted aswell of what those of the dogmatical sects too credulously received for infallible Principles, as they did of the newest Conclusions. they were indeed questionless too nice, and deceived themselves with the nimbleness of their own Sophisms that permitted no kind of established Truth. But plainly, he that avoids their disputing Levity, yet, being able, takes to himself their Liberty of Inquirie, is in the only way that in all kinds of studies leads and lies open even to the Sanctuary of Truth, while others, that are servile to common Opinion and vulgar suppositions, can rarely hope to be admitted nearer than into the base court of her Temple which too speciously often counterfeits her inmost Sanctuary. and to this purpose also is that of 
* Instit. Orator. lib. ●2. cap. 8.  Quintilian, most worthy of memory, Optimus est in discendo, patronus incredulus.  
For the Sum of the Performance in behalf of the Clergy; I dare confidently affirm, that never before was there towards so much human Law positive for the payment of whole Tithes, observed to public view as is here discovered; and that especially in the VIII. chapter for the Clergy of England. And plainly he that talks of Tithes without reference to such positive Law, makes the object of his discourse rather what he would have should be, than any thing that indeed is at all. For what State is in all Christendom wherein Tithes are paid de facto, otherwise then according to Human Law positive? that is, as subject to some Customs, to Statutes, to all civil disposition. If they be in truth due jure Divino (which Divines must determine of) they remain equally so aswell after as before Human Laws made touching them. But that is a question daily controverted; and among the Clergy. Now, who ever disputes it and relies only on Ius Divinum, or the holy Scripture for the right of Tithes, doth but make way for him whom he cannot persuade that they are due by the Law of God, to think that they are no way due. Which questionless was the original cause of the Opinions of such as falsely taught them not at all payable, but arbitrarily as Alms even since Parochial right in them established. I mean the Dominican and Franciscan Friars, and those other of a far different stamp, Wicliffe, Erasmus, and the like. Had they sufficiently thought of the Constitutions and Practice of Christian States, whereby Tithes had been variously dedicated for the maintenance of the evangelical Priesthood, and settled for other holy uses either by continuance of time, by the owne●s conveyance, or by any such other civil Title (the strength whereof is immediately founded in human Law) what colour could they have had to think that they had been only Alms? for what ever is lawfully established by a civil Title, is clearly debitum justitiae, not Charitatis. what brain then except one bewitched can think that Human positive Law and common Practise which usually either declares or makes also a positive Law, are not most carefully to be sought after in inquiries touching this sacred Revenue, which is no otherwise enjoyed in any State then as that Law hath ordained and permits. And let Human Laws, Practice, and Opinions be as their authors will; yet whatsoever argument may be found in the law of God for the right of Tithes, remains still as untouched and equally of his former power, as the heat and light of heaven ever did, notwithstanding the use of Fire had upon earth. And the truth is that divers of them that writ, with more will than judgement, for Tithes, fall often from their Ius Divinum, before they are aware, and talk of them as supposed due also by Human positive Law of Practice. But they are far enough from showing what or where that Law or Practice is. what do they else when they confound Tithes and consecrated lands together? and apply that to Tithes which is equally to be spoken of lands given to the Church? I trust they mean not that the Church had an original Title also jure Divino, to lands arbitrarily consecrated to it. Let not then either the purpose or convenience of th●● history be valued, from what distempered Malice, Ignorance, or jealousy have cried it down with in corners. The learned Friar Bacon's most noble Studies being out of the road of the lazy Clergy of his time, were vehemently at first suspected for such as might prejudice the Church. Reuchlin and Budè, the one for his Hebrew, the other for his Greek, were exceedingly hated because they learned and taught what the Friars and Monks were mere strangers to. Others about their time had like fortune. Neither was any one thing in the beginning of the Reformation so unwillingly received or more opposed by such as laboured that Ignorance might still continue in her triumph, than that singular light to the cleared of error, the Geek Text of the New Testament, first published in print by Erasmus▪ and it was ordained (as he says) under great penalty in I know not what College of Cambridge, that no Fellow of the house should be so impious as bring it within the gates. For the World hath never wanted store of such blocks laid in the way of Learning, as willingly endure not any part of curious diligence that seeks or teaches whatsoever is beyond their commonly received Nihil ultrà. But there are others that both can judge and do wish for all light to Truth. such they were that even while Ignorance yet held her declining Empire, defended those Worthies, Bacon, Bude, Reuchlin, Erasmus and the rest that so suffered. and to doubt whether this of mine shall find such also, were but to question whether every man were yet a malicious Rebel to Truth, and wholly without Ingenuity that performs even as much in fostering her, as Time doth in breeding her.  
But neither is the Work alone taxed by mistaking of the subject, but also in regard of the Author. what hath a Common Lawyer to do (so they murmur) with writing of Tithes. for by that name it pleases them to style me. and I must confess, I have long laboured to make myself worthy of it. But I would their discretions also would design out to whom it belongs more to write the History of Tithes, then to a Common Lawyer. I expect not such a sottishness, as that they should so much as dream it to be more proper to any of the other single professions of this Kingdom; except to a Divine, or a Civilian; under which name, because those which practice the Canon Laws here (according as the Common Laws permit) take their Degrees, in the Civil Law, I comprehend also the Canonist. and use hath here made the name of Civil Law, to denote 
a Alberic. G●ntil●● de potestate Regi● absoluta, Seu d●sput. 1.  both Civil and Canon. For the Divine; what is there in the course of his Study restrained to his profession, that can near enough instruct him in the Laws and Practice, especially of the Christian times. Nor is the Practice or Laws of Tithes among the jews, as they are delivered & interpreted by their Doctors, more indeed restrained to the course of Divinity, then of Law and History. But should a Civilian rather have dealt with it? if he; then either (according to what we understand by that name in England) as a Civilian, or as a Canonist. if as a Civilian; he should the● have made that proper to himself touching which, in the whole body of his Law (though he take in also Theodosius his Code, the Basilica and the Novels of the later Eastern Emperors) not the least mention is found of Tithes belonging to the Church. Indeed, a case is put by Ulpian of 
b L. 2. Siquis ff. de ●ollicitat.  vowing of Tithes, which some old ignorant and barbarous Doctors understand of Tithes among Christians. but they were long since laughed at for it by him that 
c Budau● ibid. & in l. quicunque ff. de Institor. action●.  first happily laboured in the restoring to that Profession, the lost neatness and elegancy of the Text. That was clearly spoken of the Roman use only, & of vowing to Hercules or the like. But should the Civilian as a Canonist have done it? what in all his Decrees, Decretals, and Extravagants, though he join many armies of his Doctors, directs him to the Practice of the jews, Gentiles or Christians? where shall the Canonist or the Civilian, or the Divine, in the courses of their proper study, find the many Secular Laws made in behalf of the Clergy for Tithes? where the ancient practice of payment? If it be clear then (as I hope none hath the impudence to deny it) that neither the Divine, nor Civilian, nor Canonist, by the course of their own appropried Studies, can come to what is necessary in the knowledge of the History of Tithes, it will be as clear that none of them could challenge the meddling with it as a right specially belonging to any of their Professions. But neither indeed is it proper to any one alone of those that are commonly made Professions. The truth is, both it and not a few other inquiries of subjects too much unknown, fall only under a far more general Study; that is, of true philology the only fit Wife that could be found for the most learned of the Gods. She being well attended in her 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or daily services of Inquiry, by her two Handmaids Curious Diligence and Watchful Industry, discovers to us often from her raised Tower of judgement, many hidden Truths, that, on the devil of any one restrained Profession, can never be discerned. and every Profession takes from her to itself (as was long since 
d Apud Ma●t. Capellam llb. 2. de Nuptti● Philologia & Merc●ri●. & de Philologes al●quot veris consulas, Qui●tilia●, Instit. Orator. lib. 12. cap. vl●.  observed) some necessary part not elsewhere to be sought for. not much otherwise then as the Subaltern sciences do from their Superiors, or as they all do from that Universality or First Philosophy, which is but the more real part of true philology, and establishes principles to every Faculty that could not of itself alone know how to get them. But is not the company of this great Lady of Learning with her attendants, as fit for a Student of the Common Laws of England, as for any other pretending what faculty soever? I never heard that she was engaged alone to any beside Mercury. No● find I any conditions in the Marriage twixt her and Mercury, that she should favour any one particular Profession more than another. I know there have been and are many common Lawyers of other States (for every State in Christendom is governed by its own Common Laws and Customs, and hath truly its common Lawyers as is further showed towards the end of the Review) so far from being strangers to Her that they are all to be reputed of her chiefest Darlings; and some of them are hardly equalled among any other Professors. witness in France those ever honoured names, Bude, Cuiacius, Brisson, tiraquel, Pithou, Pasquier, Le Thou, Aerault, Berterie, Savaron, and others; in the Empire, Gruter, Freher, Ritterhuse; in the united Provinces, Groot, Heuter, and the like elsewhere. For these all were or are practisers of the various common or secular Laws of their own Nations, although they studied the imperials and Canons in the University. and who of the learned knows not what light these have given out of their studies of philology, both to their own and other Professions? and that in rectifying of Story, in explication of good authors, in vindicating from the injury of time both what belongs aswell to sacred as profane studies? why then may not equally a common Lawyer of England use this philology? and by consequent be a fit Author of this History of Tithes, as of a proper issue of philology? it being indeed much more proper also to philology in a common Lawyer, then in one of any other Profession. For the two chief parts of it (that is, Practise of payment and the Laws of Tithing, that either are in force or ever were received touching them in any State) were always and are part of the proper Object of his Studies. and what ever Divines or Canonists conclude of them; it is the Secular or Common Laws only that according to Customs, and various Ordinances permit or restrain the Canons in legal exaction of them, and that in other States aswell as in England. for howsoever it be affirmed by 
e Bodi●▪ de Repub▪ lib. 5. cap. 2.  some which enough accurately think not of it, that the Clergy every where in the Western Church, being scarce a hundredth part of the People, are enriched with whole Tithes of Fruits of the Earth and of cattle; yet it is certain that in no State of that Church, whole Tithes are universally paid. But frequently Customs, not only of a Modus but de non decimando are by force of secular Law practised. witness for the Empire, is in that Diet of 
f Comit. Norimberg. 1522. Gravamine 45.  Norimberg under Charles the fifth, where the lay Princes of the Empire complain against the Church for offering to put their Canons for Tithes in practice; Etsi Laici per multa annorum curricula de certis eorum praedijs, neque maiores neque exiguas, ut vocant, praestiterint Decimas etc. As much for Spain is in 
g Varia●. Resolu●. lib. 1 Cap. 17. & Practic. qu●st. 35.  Govarwias'; for Italy, 
h D● officio & potestate Episcopo part 1. cap. 9  in ugolin, 
i Ad 22. D.Th. q. 87.  Caietan, others; for France, in Papon on the customs of Bourbon, Boerius on those of Berry, de Grassalio, beside the many Arrests of Parliament that are adjudged against the Canons. But these things are more particularly showed in the Seventh Chapter, wherein (as in the rest) we have affected rather what is Authority enough, than what is various. Who now can show colour why this was not a work proper enough for a Common Lawyer? But this whole Premonition, I think, is as well more than is necessary to the truly judicious, as it may perhaps seem less than what satisfies to the numerous Pretenders, that neither know any way that lies out of their beaten Road, nor value books but as Stationers do, nor admit willingly of any other kind of Studies then such as are more like sordid Occupations then Liberal Professions. But I stay you too long here, Reader. Try now how I have performed my promise; spare not to try with your most censorious examination; 
— sed magis acri  
judicio perpend; & si tibi Vera videtur,  
Deed manus; aut, si Falsa est, accingere contra.    

THE CONTENTS.  

CAP. I. Of Tithes before the Law. 

I. Melkizedek had Tithes only of the spoils of War given him by Abraham. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 denotes spoils of War, and perhaps also profits taken from the ground, or Ruta caesa.  
II. Jacob's vow and payment of Tithes▪ Both Abraham and jacob were Priets when they paid Tithes. In whom the Priesthood was before the Law.  
III. Whether any certain Quantity were observed in the Offerings of Cain and Abel.  
IV. A cabbalistic operation in numbers by which Tithes and the first Fruits, offered by Abel, might have a mystical identity. Such operations were amongst old Christians also, but merely vain.    
CAP. II. How among the jews, Tithes were paid or thought due. 

I. First fruits, and Heave offering (that is sixtieth parts at least) first were paid out of the fruits of the earth  
II. The first Tithe was paid to the Levites (who out of that paid a Tithe to the Priests) and then the second Tithe.  
III. The error of them that make a third Tithe. The second Tithe of every third year spent on the poor. what they take the year of Tithing to signify in Deuteronomy.  
IV. Above a sixth part was yearly paid by the Husbandman: but no Tithe by him to the Priests.  
V. How their cattle were tithed.  
VI A discontinuance of payment among them. Honester Overseers chosen for the true payment. Demai, that is, things doubtful, whether Tithes were paid of them or no. Passages in Epiphanius and S. chrysostom, of their Tithing.  
VII. Their Tithing of every herb. what their Canonists hold Titheable.  
VIII. Their Law of Tithing (after the destruction of their second Temple) ceased, by the doctrine of their Canonists. which teaches also that they are not to pay elsewhtre then in the Land of Israel, and some adjacent Countries. Presbyteratus judaeorum totius Angliae anciently granted by the English Kings.    
CAP. III. Tithes how paid, or due among the Gentiles 

I. Some Romans paid to some Deities, and sometimes only, a Tenth of spoils; of proceed of merchandise; of their estates; but usually also by vow, which bound the Heir or Executor.  
II. Festus is falsely cited for a general custom of payment of Tithes among the Ancients.  
III. Examples of Tithes paid among the Grecians.  
IU. How the assertions of a general▪ use of giving Tithe to the Gods among the Grecians, are to be understood; and why 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is, to Tithe, signifies also to Consecrate.  
V. A Tithe paid to Hercules of tire, and Sabis an Arabian Deity, the same with jupiter Sabazius.    
CAP. IU. In the first four hundred years after Christ. 

I. No use of Tithes occurs till about the end of this four hundred years. Offerings and Monthly pay for maintenance of the Church in the primitive times. Divisiones Mensurnae. Sportulae.  
II. Payment of Tithes of Mines and Quarries to Christian Emperors. The wealth of the Church envied.  
III. The opinion of Origen touching Tithes.  
IV. Constitutions of those times, that mention them, are of no credit.    
CAP. V. From about the year CCCC. till DCCC. 

I. Tithes were now paid in divers places, to Abbots, to the Poor, to the Clergy.  
II. Some Consecrations were then made in perpetual right, at the pleasure of the Owner.  
III. That story of Charles Martell his taking away Tithes, & making them feodall, cannot be justified.  
IV. The opinions of S. Ambrose, S. Augustine, S. Hierom, and S. Chrysostom. the first two teach, the Tenth due by God's Law; the other two persuade only that a less part should not be offered.  
V. Of Canons, for the payment of Tithes, that are attributed to this Age.    
CAP. VI● Between about the year D.CCC. and near M.CC 

I. Payment of Tithes, how performed.  
II. arbitrary Consecrations of them alone (like Grants of Rents-charge) at the Lay-owners choice, to any Church or Monastery, were frequent; and sometimes Lay-men sold them to the Church. Redimere Decimas.  
III. Appropriations of them with Churches; wherein they passed as by themselves, from the Patron severally and directly in point of interest. The beginning of Parish Churches. Disposition of the Offerings received there. Lay-foundations of Parish Churches. The interest that Patrons claimed. Right of Aduowson. The ceremony of putting a Cloth or rob upon the Patron, at the consecration of the Church. The use of investitures, by which (as by livery of Seisin) Lay Patrons gave their Churches. Commendatio Ecclesiae. Benefice. None anciently received the character of Orders, but when also the ordination was for the title of some Church. Thence came the later use of Episcopal Institution. Whence some Patrons came to have most part of the Tithes. Canonica portio. The Clergy and Counsels against investitures. Their continuance till towards M.CC when Institution (as it is at this day) upon presentation grew common. How Appropriations were in those times made. The ancient Episcopal right to Tithes, especially in Germany, and the Northern parts. How Monks justified their possession of Tithes and Parish-Churches. The right of Tithes generally denied in Turingia, to the Archbishop of Mentz.  
IV. Of Infeodations of Tithes into Lay-hands, both from the Clergy and laity; and of their Original.  
V. Of Exemptions granted by the Pope. Templars and Hospitalars accounted no part of the Clergy.  
VI The general opinion was, that they are due iure divino. but this, indifferently thought on, seems to have denoted rather Ecclesiastic or Positive Law (by the doctrine and practice of the Clergy) then Divine Moral Law.  
VII. Laws Imperial, and Canons synodal and Pontificial, for the payment of Tenths. The gross error of some that mistake Nona and Decima in the Capitularies. The first General Council that mentions Tithes.    
CAP. VII. Of the time from M.CC or near thereabouts, till this day. 

I. The Canons of General councils, and decretals, for Parochial right in Tithes (not formerly otherwise conveyed) which now became more established.  
II. The opinion of the Canonists, in the question of what immediate Law Tithes are due by, is, that they are payable iure divino.  
III. How the same question is determined by the opinion of the Schoolmen.  
IV. Of those that held them mere Alms.  
V. The opinion in Divinity, that concludes them due iure divino. With a Determination of the University of Oxford touching Personal Tithes.  
VI Laws, Customs, and Practice of France, in exaction of them. Of their feudal Tithes at this day.  
VII. Laws, Customs, and Practice in Spain, touching the general payment of Tithes. Tithes there, in Lay men's hands.  
VIII. Customs and Infeudations in Italy; Payment in Venice; in Germany: Of the Hungarians, Polacks, Swethians, and others, touching the duty and possession of Tithes.  
IX. Of Tithes in Scotland. With an Example of an Appropriation of Churches and Tithes there, by Robert de Brus. And something of Tithes in Ireland.    
CAP. VIII. The Laws of England made in the Saxon mycel synods or ƿitenagemotes in Parliaments, and in the Counsels here held either National or Provincial, or by the Pope, for the due payment or discharge of Tithes in this Kingdom. Petitions or Bills in Parliament touching them, are inserted, all in their course of time.  
CAP. IX. 

I. Of Parishes in the Primitive Church of the Britons.  
II. Parishes in the Primitive Church of the English Saxons. first limited only in regard of the Ministers function, not of Parochial profits. all the profits of every whole Diocese, first, made a common treasure to be disposed of by the Bishop and his Clergy, of the same Diocese. Residence of the Bishop and Clergy in those times. The great regard than had to every Clergy man.  
III. Of division of our Parishes. whether Honorius Archbishop of Canterbury first divided them. Parochia or Paroecia diversly taken.  
IV. Lay-foundations of Parish Churches; from whence chiefly came Parochial limits in regard of the profits received to the singular use of the Incumbents. Limitation of Tithes by King Edgar to the Mother Parish Church or Monastery. Monasteries preferred before other Churches for burial. Mortuaries. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. a third part of Tithes (according to King Edgar's Law) must be given to a new built Church that had right of Sepulture by the Founder. Sepultura and Baptisterium. Capella Parochialis. a Parish commanded to be made (out of another that was too large) by the Pope. one Parish joined to another by the King.    
CAP. X. 

I. The Practice of Tithing. Of King Cedwalla's Tithing, being no Christian. the custom of the German-Saxons, in sacrificing their tenth captive to Neptune. Decima used for a less part also in ancient monuments.  
II. The Practice of Tithing in the Christian times of our Ancestors. the tale of Augustin and the Lord of Cometon touching none payment of them. the Tithe of every dying Bishop's substance to be given to the poor, by an old Provincial Synod. Tithes how mentioned in doomsday. Testimonies of payment of them. Henry the thirds grant of the payment of tithe of Hay and Mills out of all his demesnes. The beginning of Parochial payment of Tithes in common and established practice in England. How that common assertion; that every man might have disposed his Tithes at his pleasure, before the Council of Lateran, is true and to be understood.    
CAP. XI. 

I. arbitrary Consecrations of Tithes (before about the time of the most known Council of Lateran) by conveyance from the owner of all or part to any Church or Monastery at his pleasure, in examples selected out of monuments of infallible credit.  
II. A Writ in the Register intelligible only from those arbitrary Consecrations. a like example to it out of the book of Osney.  
III. The liberty of the Baronage anciently challenged to build Churches in their Territories. Parochial right to Tithes settled in Practice.  
IV. Of Tithes of increase in lands not limited to any Parish. How by the common Law they are to be disposed of.    
CAP. XII. 

I. Appropriations and Collations of Tithes with Churches. The Corporations to which the Appropriations were made, presented, for the most part, Vicars. Thence the most of perpetual Vicarages.  
II. How Churches and Tithes by Appropriation were anciently conveyed from Lay-Patrons. The use of investitures, practised by Lay-Patrons.  
III. Grants of Rents or Annuities by Patrons only, out of their Churches. Of the Bishop's assent. More of investitures. A Writ to the Archdeacon anciently sometime sent upon recovery of a Presentment.  
IV. Of hereditary succession in Churches.  
V. Laps upon default of Presentation grounded upon the general Council of Lateran, held in 25. Hen. 2. What Praesentare ad Ecclesiam is originally. Donatio Ecclesiae.    
CAP. XIII. 

I. Infeodations here into Lay hands since the Statutes of Dissolutions. Of Infeodations before that time in England. somewhat more of the original of Lay men's practice in arbitrary Consecrations or Infeodations.  
II. Exemptions or discharges of payment originally by Privileges, Prescriptions, Unity, Grants or Compositions, and by the Statutes of Dissolutions.    
CAP. XIV. 

I. The jurisdiction of Ecclesiastic causes, in the Saxon times, exercised by the sheriff and the Bishop in the County Court. and among them that of Tithes also was then to have been there determined. The Bishop's Consistory severed from the County Court by William the first.  
II. After the Normans, Original suits for Tithes, were aswell in the Temporal Courts as in the Spiritual. and that continued till Henry the second or about King john.  
III. Of the time since about King john or Henry the second. Of the Indicavit and the Writ of right of Aduowson of Tithes. What the Law was in an Indicavit before that Statut of Westm. 2. A touch of ancient Prohibitions, De non Decimando.  
IV. Writs of Scire facias for Tithes. Inquests taken upon Commission to inquire of the right of Tithes.  
V. Fines levied of Tithes (in the time of Richard the first, of King john, and Henry the third) upon Writs of right of Aduowson.  
VI Scire facias by the Patentees against the pernor of Tithes granted by the King.  
VII. Command of payment by the King's Writ. And of Tithes in Forests. trial of the right of Tithes incident in some issues.      

The History of TITHES.  

CAP. I. Of Tithes before the Law.  
I. Melkizedek had Tithes only of the spoils of War given him by Abraham. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 denotes spoils of War, and perhaps also profits taken from the ground, or Ruta caesa.  
II. Jacob's vow and payment of Tithes. Both Abraham and jacob were Priests when they paid Tithes. In whom the Priesthood was before the Law.  
III. Whether any certain Quantity were observed in the Offerings of Cain and Abel.  
IV. A cabbalistic operation in numbers by which Tithes and the first Fruits, offered by Abel, might have a mystical identity. Such operations were amongst old Christians also, but merely vain.  

I.  
ABraham, in his return from redeeming his nephew Lot with his substance, and all the substance of Sodom and Gomorrah, was blessed by Melkizedek King of Salem and Priest of the most high God; and gave him Tithe of all. So is the holy Writ. But what that all was, is not clearly agreed upon. it is taken to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 miccol aghsher lo, that is, of all that he had, as the ordinary Gloss of Solomon ●archi there interprets. and expressly so are the Syriac and Arabic translations of the new 
* Epist. ad Heb. 7.2  Testament, where this is spoken of. But it is hard to conceive it of any other all that he had, than all the substance, or all the spoils that he had by that expedition. The holy Context so points it out. So did the old jews understand it. otherwise never had so great and worthy an Author, 
a Arch●olog. α. cap. 1 α.  Flavius josephus a jew, confidently written the Tithe there given to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the Tithe of what was gotten by the War. He knew a received opinion in his Nation, to be so, or else had not been so forward to deliver it. The same is confirmed by the Targum, attributed to jonathan Ben-Vziel. there, of all, is interpreted by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 miccal mah datheib, that is, of all that he brought back. And, to free it from doubt, the holy Aut●● of the Epistle to the Ebrews, first using the Text of Genesis in those words, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the Tithe of all, after a few words interposed, explains it by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the tithe of the spoils; as if he had said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the Tithe of all the spoils. In that place, the Syriac hath Tithe 
b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉  and first fruits, and the Arabic, Tithe 
c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ●l●●mosyn● n. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 sapius 〈◊〉 in Alcorano, quod monuit 〈◊〉 ta● humanitate quam doctrina singulari Guil. Bedw●llus linguarum inpromis Orientali●● call●●tisi●mu●. Vid● Azoar. 22.34. & 92.  and Alms. indeed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifieth also first fruits, or the chiefest parts, sacred to the gods among the Gentiles; and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 hath, in that sense, been turned there, by de praecipuis, in the vulgar. But those Eastern translations suppose, it seems, as if the Greek should be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. But we must not take the old text to have been so different from what we now read. And for that, de Praecipuis, in the vulgar; can it be thought that he gave Tithe of the best parts only? How stands that with giving Tithe of. all? It must therefore be interpreted of the spoils. So St. chrysostom 
d In Epist. ad Ebr●●s. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 1 ●.  understands the Text. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, says he, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, the spoils are called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, whereof, as he notes also, Abraham made Melkizedek a partaker, by so giving him the first fruits of his martial performance. Accordingly doth Sulpitius 
e Histor. 1.  Severus, in his story of Abraham, call his tenth decimam praedae, which is also expressly justified by S. Hierome, often styling it decimas spoliorum, praedae & victoriae; who well withal confesses, that, were it not for the holy exposition in that Epistle to the Ebrews, the relation in Genesis might aswell be understood, that, on the other side, Melkizedek, as a bounteous Ancestor, had given to Abraham the tenth part of his estate; the Text indeed being both in the Hebrew and Septuagints so, that, no name immediately preceding the mention of the gift, it sufficiently thence appears not, who was the giver. Vtrunque (says 
f In Epist. ad E●●grium, t●m. ●.  S. Hierome) intelligi potest & juxta Ebraicum, & juxta Septuaginta interprete, quòd & ipse acceperit decimas spoliorum, & Abrahae dederit decimas substantiae suae; quanquam Apostolus in Epistola sua ad Ebraeos apertissimè definiat, non Abraham suscepiste à Melchisedek decimas divitiarum eius, sed de spolijs hostium partem accepisse Pontificem. Neither is this interpretation of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dissonant from ancient use among the Greeks. Indeed it elsewhere rarely occurs in this sense; but clearly in that old proverb, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, To put an armour, taken from a pygmy, on a Colossus his back, it denotes nothing else but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, 
g Philostrat▪ in vit. Sophist in Nic●te. unde emendes opo●te● depravatos Su●dae Copices in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, spoils taken from dead or living, according whereto both Hesychius and Suidas have expounded it. From which sense, I guess, it hath also been brought to signify those kind of profits, taken (as spoils) from the Land, which the Civilians call Ruta caesa, that is, 
h Ulpian▪ ff. de actionib▪ empt. & vendit. l. 17. §. 6.  trees cut down, coals, sand, or chalk digged up, or the like, which we style things severed from the freehold, and turned into chattels, according as the Greek Lawyers 
i Vett. Glossa v●rb. juris in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  named them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Things that were taken from the ground, or freehold. for so it agrees with our phrase. That, which first bred me this conjecture, was a corrupted place in an old 
i Glossar. vet●. Graecelat. edit. ab H. Stephan●.  glossary, where 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is interpreted by Ruticilia. what can Ruticilia there signify? I conceived it to be depraud for Ruta caesa, which is often read as one word. and no man can deny but that Ruta caesa may easily be styled spolia or exwiae villae, and by an easy metaphor be expressed in a word that signifies spoils of war. many corruptions much further off from the true originals, are obvious in the same glossary.   

II.  
The next passage of Tithes is in Jacob's vow. This stone, saith 
l Genes. 28.22.  he, which I have set up as a pillar, shall be God's house. and all that thou shalt give me, I will Tithe and give the Tenth to thee. which (josephus says) upon his return, being after XX. years, he 
m jos. Arch●●log. ●. c. 1 θ.  performed, offering the Tithe of all his substance, or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the Tithe of all he had gotten. Into whose hands he gave his Tithes, appears not▪ But the chiefest Priest of that time was his father Isaac. For before Aaron, the jews say, the Priesthood was wholly annexed to the first born of families. Which 
n Exod. c. 13.1.  agrees well with the sanctifying of the first born, commanded in Egypt. Hence it comes that Melkizedek is commonly reputed to be Sem, the eldest son of Noah (for so in this declaration he may be clearly admitted; although no small controversy be whether he or japheth were the eldest) and Noah, Abraham, and job and the like are accounted, 
o Origen. lib. 1. in job.  by this right, Priests of that time. and as Abraham, being in a right line X. degrees from Sem, gave tithes to him being the eldest Ancestor of the house, or firstborn, and so a Priest in Salem; so it may be thought, that jacob paid his vow into the hands of Isaac the chief of the family then living as a firstborn, and a Priest also. But remember withal, that jacob, although the younger Son, is reputed also to have had this Priesthood by the sale made to him of his elder brother Esau's birthright, to which a Pristhood was incident. So was the ancient opinion of the jews, as Saint Hierome 
p In Epist. ad E●agrium.  relates it. Simul & hoc tradunt, says he, quod usque ad sacerdotium Aaron omnes primo geniti, ex stirpe Noah, fuerint sacerdotes & Deo victimas immolârint, & hac esse primogenita quae Esau fratri suo vendiderit jacob. And express mention is of his exercising this holy function in 
q Gen. c. 32.54.  sacrifices, during his father's life. For, having gotten the right of primogeniture, and being long severed from his father's house, and having a distinct family and posterity in his own power, notwithstanding his father were then living, yet had he that kind of Priesthood in him. For if this holy right came not to any till he had been the eldest of the family as well as the first born, how could Abraham be accounted for a Priest? as expressly Origen and others reckon him; which the form of his offering his son Isaac also justifies. He was never both firstborn and eldest of his family. For Sem lived after him about XL. years, and kept that title from him; but a firstborn he was, and divided also from his father's household at the time of his tithes given him. whence observe by the way that both Abraham and jacob, according to this right of that time, must be Priests also, when they paid these tithes. No other express mention is of tithes before Moses his time; unless, with th' jews, you dream, that the levitical Law was written before the Creation.   

III.  
Let the ancients seem to have observed a respect had to the quantity of what was, as a part of the yearly increase, consecrated in those times to the Lord; and that even in the first memory of sacrifice. Cain's offering was not regarded, they 
a Tertull. lib adverse. Iudaos. alij item 〈◊〉.  say, because, quod offerebat non rectè dividebat, he did not well divide what he offered: which seems to design out a defect in the quantity; as if specially some quota pars were at that time required. But this reason was from no other cause then the mistranslation of the text in the Story of Cain. For, where the 
b Gen 4.7.  original is thus, Why is thy Countenance cast down? if thou do well, is there not remission? if thou do ill, sin lieth at the door; they read it far otherwise, and thus; quoniam, nun, si rectè quidem offeras; non recte autem dividas, peccasti? aquiesce: which is all one with the Septuagints text, that in the Primitive times was chiefly in use, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, say they there, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. If thou offer well, but dividest not well, hast thou not sinned? be quiet. And this passage of well dividing, did julian, that witty Apostata, take, for a special question to oppose a Bishop in his time. But most agreeable to that translation, and not dissonant from the original, is, that he gave with a grudging mind, and 
c Cyrill. advers. julian. lib. 10.  not of the best and first of his fruit, as he ought to have done, and as the Heathen ever did, or by their Pontisiciall Laws ought to have done in their Praemessum, that is, the first fruits of their Corn, or their Calpar or vinum inferium, which was the richest of their wine. And it is expressly said, that Abel brought of his first fruits, but Cain only of his fruit of the ground; the one giving the Lord a portion of the best, the other not regarding of what time, what worth it were, so it were of his fruit. So, here is not any quota pars, or certain quantity noted, but 
d Ita D. Chrysost. in Genes. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. in. D. Ambros. lib. 1. de Cain & Abel▪ cap. 7. & lib. 2. c. 6. vide Epist ad H●bra●s. cap. 11.4.  〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, or the mind only of him that offered, and the quality of the oblation.   

IV.  
Yet to, if some cabbalistic and doting curiosities were of value, there might be some identity, or at lest some affinity between the first fruits of Abel, and the tenth part. The first fruits are in the text called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 becoroth, the tithe 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 maighsher. Now the jews make great and hidden correspondencies twixt things denoted by any two words, whose several numbers made out of their letters, are equal; their letters, as the Greek, being all numeral. and two kinds of this Arithmetic they have: the one in greater numbers, which is frequent with them; the other in less. their practice 
e Archangel. in Dogmat. Cabalisti ●. 19  in the second kind is thus: Out of every centenary and Decad of the letters of a word they take a unity, and add these to the rest, that is, the less numbers; by which operation, if two words agree in sum, they think forsooth some great mystery, of mutual relation, twixt the things signified, is discovered. Those two of the first fruits, and tithes, by this way, are equal. For example. Dispose the letters and their numbers thus. in the first, out of 400.200. and 20. take 4.2. and 2. that is a unity out of every centenary and Decad; and the sum is 8. which, added to the less numbers, make 16. Likewise in the second, out of 200. 300.70. and 40. take 2.3.7. and 4. (there being no less numbers) and you have the same sum as in the other, that is 16. But take this only as a taste of such impious liberty as these kind of vanities give ('mongst the jews) to make any thing have mystical reference to every thing. Yet neither were Christians without the very like in the primitive times. Witness the Marcosian and Colabarsian heresies in their α. and ω. made the same with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and divers other like by agreement in number. They indeed went so far in this ridiculous kind, that they determined 
f Tertull. lib. de Har●s. id genus plurim● habes apud Epiphanium. Tom. 3. lib. 1. cap. 1. & Irenaeum lib. 1. cap. 10.  totam plenitudinem & perfectionem veritatis in istis literis (numeralibus) esse dispositam. witness the Basdidians god, Abraxas. Nay some Fathers of those times so much regarded this arithmetical way of search, that in this very story of Abraham's success with his company of 318. and of his recovering the goods, the women, and people, they deliver that the mystery 
g Clem. Alex. Stromat. 9  of our Lord crucified, was denoted. that number 318. is in Greek thus, τιη. For they reckoned out of Greek, as the jews out of Hebrew. in the 300. figured by τ. they supposed the Cross foretold; as otherwise it is usually observed upon that of Ezechiel, cap. IX. 4. And 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. they took for the two first letters of our saviours name ιη or jesus. Whereupon Prudentius 
h In Pr●sat. ad 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  relating the victory, says, we should be very rich, as Abraham in his spoils, 
Si quid trecenti, bis novenis additis,  
Possint, figurâ noverimus mysticâ.  where, for bis, some Copies, without sense, have his. but who sees not the vanity of such mysteries? Although too, the unlimited liberty of our times, in so confidently daring to tell us the mystery of the number of the 
i Apoc. cap. 13. 1●  Beast, would make a man give the more regard to these collections out of numbers. Every great Clerk, that deals with it, hath, for the most part, his several word to make up 666. Some for us; some against us. And no doubt is (that one old one may be added) but he, which, long before Luther, made Sir john Oldcastles name to fulfil that prophesy, thought he had been as near truth as the best of them. Out of JOHN OLDCASTEL in numerals 
k Thomas El●ham Prior L●nt●n in Chronic. H●n. 5. in Biblioth. Bodleiana.  he makes 701. and thence subtracts the year of his age, wherein he so charitably and stoutly took part with Lollards, and was condemned for heresy, that is, 35. and the rest being 666. notes him out (says he) with the Character of the Beast. risum teneatis? this in most miserable verse he expresses. Nor hath this dream of his, place here otherwise than as an old pattern of trifling boldness, used in the later Arithmetic of many on that passage in S. john: in whom are 
l Hieron. Epist▪ ad Paulinum.  tot Sacramenta, quot verba; and of whom the answer given by that great Doctor, Calvin, was as judicious as modest. he, being demanded his opinion, what he thought of the Revelation, 
m Bodin. Method. hist. cap. 7.  answered ingenuously, he knew not at all what so obscure a Writer meant. he might best have spoken it on this particular of the number; to which, found by arbitrary collection, who ever gives much credit, might unhappily perchance be induced to believe some mutual respect twixt Abel's Offering, and Abraham's Tithes.    

How, among the jews, Tithes were paid or thought due. CAP. II.  
I. First fruits, and Heave offering (that is, sixtieth parts at least) first were paid out of the fruits of the earth.  
II. The first Tithe was paid to the Levites (who out of that paid a Tithe to the Priests) and then the second Tithe.  
III. The error of them that make a third Tithe. The second Tithe of every third year spent on the poor. what they take the year of Tithing to signify in Deuteronomie.  
IV. Above a sixth part was yearly paid by the. husbandman: but no Tithe by him to the Priests.  
V. How their cattle were tithed.  
VI A discontinuance of payment among them. Honester Overseers chosen for the true payment. Demai, that is, things doubtful, whether Tithes were paid of them or no. Passages in Epiphanius and S. chrysostom, of their Tithing.  
VII. Their Tithing of every herb. what their Canonists hold Titheable.  
VIII. Their Law of Tithing (after the destruction of their second Temple) ceased, by the doctrine of their Canonists. which teaches also that they are not to pay elsewhere then in the Land of Israel, and some adjacent Countries. Presbyteratus judaeorum totius Angliae anciently granted by the English Kings.  

I.  
THe yearly increase being either fruits of the ground or cattle; In the Law, of fruits of the ground, first, the first of the forwardest 
n Exod. 23.19. Leuit. 23.10. Num. 15.20.  were offered to the Priest in ears of Wheat and Barley, Figs, Grapes, Olives, Pomegranates and Dates. And, of these seven only, the first fruits 
o In Talmu●. in Seder Zeraim, Mass hotli Bicerim. atque inde re●centiores corum iurispe●iu.  were paid in what quantity the owner would. next, the Therumah or heave Offering, or first Fruits of Corn, Wine▪ Oil, Fleece, and the like, were also 
Deut. ●8. 4.  given to the Priests. But it being not determined by Moses of what quantity this heave Offering should be; the jews anciently assessest it to be enough at the 
Solomon jarchi ●d ●ict. locum. 〈…〉▪ & D. ●ieronymus ad 〈◊〉. cap. 45. & Cas●●anus colla●. 21. 〈◊〉. 3.  fiftieth part; but so, that no necessity was that every one should pay so much. he that paid a sixtieth part was discharged; and many of the better devotion offered a fortieth. The fiftieth part they call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, an indifferent or competent Therumah, or heave offering, which they named also 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, the great heave Offering. the fortieth they style 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, a Therumah of a fair eye, or liberally given; & the sixtieth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉▪ that is, a Therumah of an 
Hanc loquendi ●rmulam habes ●pud D. Matthae●●, cap. 20.15.  ill eye, or an niggards gift. But you may observe too, that this, which they called a niggards gift, was not beneath the quantity of the Therumah appointed in 
Ezek. cap. 45.13.11.  Ezekiel, where the words are; This is the Therumah that ye shall offer; the sixth part of an Ephah of an Homer of wheat, and ye shall give the sixth part of an Ephah of an Homer of Barley. it is the same as if he had said, ye shall offer a Therumah of the sixtieth part of every Homer. for an Ephah (being the same measure with a Bath; that is, near our common Bushel) was the tenth part of an Homer; therefore the sixth part of an Ephah, the sixtieth of an Homer. After the Therumahs offered to the Priests (every kind being given in season) out of the rest were taken the Tithes. which are best divided into the first and second Tithe.   

II.  
The first Tithe was 
t Num. 18.21.  paid, out of the remainder, to the Levites at jerusalem by that name it is every where 
u judaei passim, & joseph. Arch. lib. 4. cap 7. To ●it. cap. 1. con. m. 7.  titled. and, out of this Tenth received by the Levites, another Tenth they 
x Num. 18.28.  paid to the Priests; as a heave Offering out of their Tenth, which they called also the Tithe of the Tithe. For the Priests received no Tithes of the Husbandmen: only the Levites received Tenths from them, and paid their Tenth to the Priests; being (as 
y Epist. ad Fabi●lam, de vest Sacerdotali.  S. Hierome says) tanto illis minores, quanto ipsi maiores populo. So Clergy men, by that example, have paid Tithes to the Pope; and so by a 
z Stat. 26. H●n. 8. cap. 3.  late Law they do in this Kingdom to the Crown. Neither might the levites spend, to their own use, any part of theirs, till this Tenth of the Tenth were paid. Afterwards it might be employed for their maintenance generally wheresoever. This first Tenth paid; the nine parts remaining, were 
a B●n-Maimon i● jad. Chazeka, part. 3. massec de Decimi●. c. 8.  accounted 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, profane, or for common use; yet not to be spent by the Possessor, till he had taken out of those nine 
b Deut. 14.23.  another Tithe, which he was, the first two year, to carry to jerusalem in kind, or if the way were too far, to turn it into money (adding a fifth 
c jarchi ad eund. lotum.  part of the value: for to this Tithe do the jews apply that of Leuit. XXVII. 30, and 31.) and spend it there at the Temple in Feasts, which were near like to the old Christians Agapae or Lovedayes. and every third year the same he was to spend upon the poor and levites within his own gates. After those Tenths thus disposed of, the remnant of that years increase they called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, as if you should say, every way prepared or fit for common use, or absolutely Lay Chattels; the first nine parts being so only respectively. This other Tithe they styled their second Tithe, or Tithe for Feasts, that is, 
●●ephus lib. 41. Arch. cap. 7.  〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.   

III.  
Some make a third Tithe; as 
e Tobit. 1.7.  Tobit; expressly using the name of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, a third Tithe. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 (says he) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, And the third Tithe I have given to whom it was meet. But he means only the Tithe of the third year, that is, the Tithe which every third year (after the first Tithe paid) was to be laid up by the husbandman in his own gates for the Levite that is within his gates, the stranger, the fatherless, and the widow. Which 
f Archaol. 4. c. 7.  josephus also names 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, a third Tithe to be bestowed every third year. and this the Rabbins call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, the poor man's Tithe. And it is also titled a third; but falls better under the second of our Division, and need not to made a third, nor is it. Nor, by the great 
g D●atrib de de●imu judaorum.  Scaligers leave, can it be accounted the first, nor doth it at all answer to that. For the first Tithe was paid every year, saving the sabbatical. otherwise, whence should the levites and Priests have their livelihood of that year? and so expressly affirm the great 
h Mos. Miko●zi in Mitzu●th, c. 135. ●en K●ttun. pr●c. 473. alij.  Doctors of the jews; and that according to their Talmud or Canon Law; that the first year first they paid the first Tithe, than the second, so in the second year; and that, in the rhird year, after the first Tithe paid, they paid the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, the poor man's Tithe. and that year 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, the second ceased, or was not paid. 
i In Misnah Torah part. 3. de decima secunda, cap. 1.  Ben-Maimons words are, that in the third and sixth years the poor man's Tithe was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, in stead of the second Tithe. Neither can that in Tobit, touching the payment of the second Tithe every year (wherein both the Greek and Hebrew of him agree, although in other things they much differ) be otherwise well understood, then for every of the two years, unless that text be wholly contrary to the known practice of the jews Canons. So then every third year the levites at the Temple missed their second Tithe for their Feasts and Lovedayes; the same being charitably, and by divine Ordinance, spent at home in the gates of the husbandman. Neither doth the second and this poor man's Tithe differ in substance, but only in circumstance. The division of both, is exactly the same, and the persons appointed for the eating, are upon the matter so to. For as the levites, ministering in their course at the Temple, were to have part in the Feasts made of the second, so were the levites and the poor in the country entertained with this of the third year. The place, where the bestowing was, makes their difference; substantially they are the same, and fitly go under one name. which is fully to me confirmed by the Septuagints translation of that place in Deuteronomy, which we 
k Deut. 26.12.  read according to the Hebrew thus: When thou hast made an end of Tithing, all the Tithe of thine increase in the third year (which is the year of Tithing) thou shalt give to the levites, strangers, fatherless, and the widow, that they may eat within thy gates, and be filled. They there translate it. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: and that is, When thou hast ended the Tithing of all the fruits of thy ground, in the third year; the second Tithe thou shalt give to the Levit and the stranger etc. as in the common text. Where plainly, you see, the poor man's Tithe is expressly called the second Tithe, which justifies our Division. Doubtless, they there in stead of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 shenath hamaigsher, that is; the year of Tithing (as the text is) found in their Hebrew Copies, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 shenith hamaigsher, which they took for the second Tithe, knowing that in truth that place meant no other. divers passages in their translations are upon such differences; and they oftentimes give thence a kind of commentary as well as a translation. Neither is it ill context, that shenith of the foeminin gender should be joined to maigsher of the masculine. it is not without frequent example in holy Writ. That their word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 (not very usual for Tithe) was most proper, and hath no worse original than 
l Xenoph. hist. Graec▪ α.  Athens itself, where by that name, the Tenth of Mulcts and Goods confiscate, was sacred to Minerva. But this place of the year of Tithing, is interpreted by the common Gloss 
m Solomon jarchi ad dict. loc. Deut.  of the jews by the year of one Tithe, as if the text had been 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, the year of one Tithe, or of paying only one Tithe. Which in substance exactly agrees also with the meaning of the Septuagint. For in the third year, says jarchi, there was only one Tithe paid of the two commonly spoken of, that is, of the first and second. The first was only paid to the levites. The second, by that name, was not: but the poor man's Tithe in stead of it: and he so expounds it, that he takes the mention of the levites there to design out the first Tithe of that third year paid at jerusalem, which plainly also confirms what is here before declared. The second then, and the Tithe of the third year are the same in substance. The payment of all appears in this example.   

IV.  
After the first fruits paid in ears, admit The increase 6000. Ephahs; the heave Offering at least must be 100 The remainder 5900. The first Tithe, 590. and out of this 59 to the Priests. The remainder 5310. Out of this, the second Tithe, 531. which every two years the levites had at jerusalem, and every third year was spent in the gates of the husbandmen. The rest being 4779. was kept for the husbandman. So that of 6000. Ephah's, the levites and poor had in all 1063. whole to themselves, the Priests 159. and the husbandman only 4779. He yearly thus paid more than a sixth part of his increase, beside first-fruits; almost a fifth. Many of no small name, grossly slip in reckoning and dividing these kinds of their Tithes. But this here delivered, is from the holy text and the jewish Lawyers.   

V.  
Of their cattle; the first borne were 
n Exod. 13. ●.  the Lords. paid to the Priest of clean beasts in kind; of unclean in money, with a fifth part added. Of the increase of them, one Tithe only was paid, and that to the levites. Every Tithe of Bullock and of Sheep of all that goeth under the Rod, the Tenth shall be holy to the Lord, says holy 
o Leuit. 27.26. & 32.  Writ. Thence at the Tithing they used to shut the Lambs (for example) in a sheepcote, where the straightness of the door might permit but one at once to come out. Then, opening the door, either gently to hunt them out, or by placing the Ewes bleating near them without, so to cause them run forth one by one, while a servant standing at the door with a rod coloured with ochre, solemnly told to the Tenth; which with his rod he marked. so they 
p jarchi ad Leuit. cap. 27. & Rambam in Massech. deprimogenitis, c. 7.  understand going under the Rod. that so marked, what ever it were, male or female, worst or best, was the Tithe, and might not be changed.   

VI  
How the payment of these Tenths was either observed or discontinued, partly appears in holy 
q 2. Paralip. 31. Malach. 3. & Nehem. cap▪ 13.  Writ, partly in their institution of more trusty Overseers (whom they called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉) for the true payment of them. For after the new dedication of the Temple by judas Machabaeus, until his fourth successor 
r Rambam de decimi●▪ cap. 9  joannes Hyrcanus (being near thirty years) all duly paid their first fruits and Therumahs, but the first or second Tithe few or none justly; and that through the corruption of those Overseers▪ Whereupon their great Sanedrim, or Court of seventy Elders (that is, the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, the greatest Court, that determined also, as a Parliament, of matters of State) enacted, that the Overseers should be chosen of honester men; and withal, that of such things, whereof, by such corruption, or otherwise, it was indifferently doubtful, whether Tithe were justly paid or no (of which kind, almost all increase, at the time of this act made, was) a heave Offering or Therumah of the Tenth of all, that is, a hundredth part, should be given to the Priests, and then the second Tithe at the Temple should be paid. but no first Tithe or poor man's Tithe was paid of any such things. These kind of goods they called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Demai, whereof a special Massecheth or treatise is in the Talmud, in the Seder Zeraim From that act of the Sanedrim, to the last destruction of the Temple, it seems, the just payment of Tithes continued; and thereof testimony is (for the time near the destruction) in 
s Ep ad Hebr▪ cap. 7.9.  holy Writ. But in Tithing and offering Therumahs, the Pharisees were most curious and devout. they gave perhaps Tithe after both the Legal Tithes paid, beside fiftieth parts, and sometime thirtiths for their Therumahs. So may be understood that of them, 
t Epiphan. lib. 1. har●s. 16. Vide, si placet, Casaub●●. advers. Baron. pag. 63. & 64.  〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, which you may interpret, they tithed what was already tithed, they gave first fruits, thirtieth parts and fiftieth parts. but I dare not justify the translation. neither do I believe, that Epiphanius there sufficiently understood what they did in their Tithing, nor is his meaning easily, I doubt, apprehended. The like may be, with modesty enough to, said of S. 
u In serm, 103. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, tom. 6. pag. 897. & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. in Epist. ad Philippenses. tom. 4. pag. 54. editione Saviliana.  chrysostom, speaking of the jewish Legal liberality to the levites. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, says he, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Observe but how much the jews gave (to their levites and Priests) as Tenths, first Fruits, than Tenths again, than other Tenths, and again other thirteenths, and the 
x Exod. 30.12.  Sickle, and yet no man said they eat (or had) too much. so are his words in two places of his works exactly the same; saving only that in one the variety of reading hath 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for thirteenths. I confess I equally am ignorant of both. neither is his enumeration consonant with what the Monuments of the jews or the holy Text will warrant. Conjectures upon it, I leave to others. some probable enough might here be brought, but I willingly abstain.   

VII.  
That tithing of 
y Luc. ●1. 42. Matth 2●. 23.  〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, every herb, which is spoken of in the Gospel, (and observed by the Scribes and Pharisees) was never commanded in Scripture, nor by their Canon Law requisite, according to the opinion of their Doctors, who restrain the payment of Tithes to that 
z Deut. 16.12.  〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, thy increase, spoken of by Moses; and comprehend not herbs under that name. They deliver indeed that by tradition from their fathers, all things growing out of the earth, and fit for man's meat, are titheable, which their 
a Ramb. part. 3. tract. de Th●rum●th cap. 2 & Mikotzi in praecept. 145.  Lawyers thus regularly express, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉▪ that is, Every thing that is kept as man's meat, and hath his growth from the earth, must pay the heave Offering, and likewise Tithe; Whence they make such herbs as are man's meat, titheable, but all such as are not man's meat, they discharge of Tithes. and out of that rule also they except whatsoever was gleaned 
b Leuit. 19.9, & 10.  either out of ears of Corn, or Grapes, or had out of the corners of the field left in harvest. But, it seems, that for this payment of Herbs, the Pharisees were of the truer side. Our Saviour likes well their payment, and expressly says, they ought not omit it, which admonition of his was to them while yet the mosaical Laws were not all expired by the consummatum est.   

VIII.  
After the second Temple destroyed, and dispersion of the jews, their Law of first fruits, Therumahs and Tithes, with them ceased. For their Doctors determine that regularly no inhabitants, but of the land of Israel, were to pay any; although also among them be a wise exception for the lands of Senaar, Moab, Ammon, and Egypt, because the first is near their land of Israel, and many Israelites went thither and dwelled there, and the other three are round adjoining their land of Israel. But they deliver that who so of them took the profits of land 'mongst the Cutheans or Samaritans, their old enemies (or elsewhere in Aram; and so, it seems, by consequent in any other land, saving which they except) was not to pay any. touching which point many special cases are put by 
c In lad Chaz●ka tract. de Therumah, c. 1. & Mik●tzi●● Pracept. 133.  Rabbi Ben Maimon. At this day by their Law they pay none; Those that live in their land of Israel, for want of their Priesthood and Temple; those that live dispersed in other Countries, both for that reason, as also for the other which restrain the payment of them to Canaan. and herein they all agree. But the great joseph Scaliger says, he asked some of them whether, if they might again build their Temple (as after the captivity they did) their Laws of Sacrifices, first Fruits, & Tithes, would be then revived; and their answer was, that to build it again were to no purpose, because they had no lawful Priesthood, there being not one of them that can prove himself a Levit, though many pretend to be so, and some bear also the office of a kind of Priesthood amongst them. And (for example herein amongst our own Ancestors) when the jews lived here they had, it seems, one general or high Priest over them, usually confirmed at least, if not constituted, by the King, for life; as appears by Record, proving that both Richard the first and King john did by their Patents grant the same. the Copy of it being a most rare example and not from this purpose, 
Rot. Cart 1. Reg. Io●. part. 1. minib. 28. Cart. 171.  take here transcribed. Rex omnibus fidelibus suis, & omnibus & judaeis, & Anglis salutem▪ Sciatis nos concessisse, & praesenti Charta nostra confirmasse jacobo Iudaeo de Londonijs Presbytero judaeorum, Presbyteratum omnium judaeorum totius Angliae, habendum & tenendum quamdiu vixerit, liberè, & quietè, & honorificè, & integrè, ita quod nemo ei super hoc molestiam aliquam, aut gravamen inferre praesumat. Quare volumus & firmiter praecipimus quod eidem jacobo quoad vixerit Presbyteratum judaeorum per totam Angliam, garantetis, manuteneatis & pacifice defendatis; & si quis ei super eo forisfacere praesumserit, id ei sine dilatione (saluâ nobis emendâ nostrâ) de forisfactura nostra emendari faciatis, tanquam Dominico judaeo nostro quem specialiter in seruitio nostro r●tinuimus. Prohibemus etiam ne de aliquo ad se pertinente ponatur in placitum, nisi coram nobis aut coram Capitali justitia nostra, sicut Carta Regis Richardi fratris nostri testatur. Teste S. Bathoniensi Episcopo etc. Dat. per manus H. Cantuariensis Archiepiscopi Cancellarij nostri apud Rothomagum XXXI. die julij anno Regni nostri primo. It's true that Presbyteratus might denote aswell some Lay eldership. but as unlikely 'tis that in that age the Clergy men that were officers of the Chancery, and most commonly drew the Patents, at least judged of the language, would transfer their name of Presbyteratus to any such signification; so also I suppose that any such Lay or Civil Officer among them could not have scaped often mention in the Records of judaism, yet remaynig. Many of them I have perused, but never met with the name elsewhere then in this Roll. But to this Priest jacob or other like him among them, no Tithes, first Fruits or Therumahs, were, or are by their Canons payable. and agreeing to them expressly herein is 
d 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. lib. α. cap. α.  Eusebius, who, amongst other of their mosaical Laws, puts their paying of Tithes for one specially that was confined to the land of Israel and jerusalem. for, first reciting that about eating the Tithes in the place, 
e Deut. 14.23. & cap. 16.  which the Lord shall choose to cause his name to dwell there, (which indeed is only spoken of the second Tithe of the first and second years) and joining it with the general commandment of Tithing, and with the precepts of the Passeover, of the feast of Weeks, and of Tabernacles. in which a certain Place by such an indefinite designment is also mentioned; he adds at length with reference to them all; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; seeing in so many things he designs out a particular place, so often commanding them to meet there (every Tribe, every Household) how can it fit them or belong to them, that dwell but a little out of judaea? much less to the Nations of the whole world. But those feasts he speaks of, the jews, at this day, observe, although not accurately according to Moses his Laws.    

Tithes how paid, or due among the Gentiles. CAP. III.  
I. Some Romans paid to some Deities, and sometimes only, a Tenth of spoils; of proceed of merchandise; of their estates; but usually also by vow, which bound the Heir or Executor.  
II. Festus is falsely cited for a general custom of payment of Tithes among the Ancients.  
III. Examples of Tithes paid among the Grecians.  
IU. How the assertions of a general use of giving Tithe to the Gods among the Grecians, are to be understood; and why 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, to Tithe, signifies also to Consecrate.  
V. A Tithe paid to Hercules of tire, and Sabis an Arabian Deity, the same with jupiter Sabazius.  

I.  
THe custom of the Gentiles, usually talked of in offering a Tenth, is chiefly to be considered in the Romans and Grecians. The Romans had a kind of devotion of giving Tithes, but neither yearly, nor by compulsory Law, as some falsely, but confidently, through ignorance in human literature, deliver the wealthier of them, divers times used to Tithe their estates to Hercules, by spending the Tenth in sacrifices, gifts to his Temples, feasts in his Honour, and the like. it appears so, and to be no otherwise, by 
f Inquast. Romanis.  Plutarch's words, in his questioning the reason of it. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, says he, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; Why do many of the rich men tithe their substance to Hercules? and elsewhere 
g In Lucullo, alibi & D●odor. Sicul. Bibliothec. 5.  he (as other Ancients) notes it as a special devotion of some of the sons of Fortune. Neither is old 
h Apud Aur●l. Vi●t. in Orig. G●●. Rom.  Cassius otherwise to be understood, where he derives Hercules his Tenth from an innovation made by Recaranus in Evander's time. This Recaranus, he says, first taught them to give the Tenths of their fruits to Hercules (to whom he consecrated an Altar under the name of INVENTORI PATRI, after he had regaind his herds that Cacus had stolen) rather than to the King as before the use was; and then he adds, inde videlicet tractum ut Herculi Decimam profanari mos esset; that is, thence came it to be a custom, that divers did pay him a tithe. But, neither by their Law Civil or Pontificial, was this payment. Often it was as a thanksgiving after some increase of fortune, and often by vow beforehand, and for the most part, of increase of estate by money gotten upon sales, and of spoils of war. For such things that made accessions to their estates, they were sometime so thankful. Whereat Cicero jesting, says, that never any man vowed Hercules a Tenth, in hope of increase of his wit. Neque 
i De natura Deorum lib. 3.  Hercul● quisquam Decimam vovit unquam si sapiens factus fuisset. Of money gotten upon sale, an example is in the Parasite, that, after reckoning up his good merchandise, says, he must sell it as dear as he can, that he may spend the Tenth upon Hercules. 

k Plautus in Sticho.  Haec vaenisse iam opus est quantum potest,  
Vti Decumam partem Herculi polluceam.  whence the same Author uses the name of 
l In Tru●ulento.  pars Herculana. and 
m In Apolog●tici cap. 39  Tertullian, speaking of the prodigality of the Gentiles in their feasts; Herculanarum decimarum & polluctorum sumptus tabularij supputabunt. For spoils of war, witness is in that dedication of Lucius 
n Anno ab V. C. 607.  Mummius, which got Corinth and settled it to the Romans, thus inscribed, and yet remaining at Riete.  


o I. Gruter. in Inscript. p▪ 96. & I●s. Scalig. in Catalect. v●t. lib. tit. 14. plura de hoc Epigrammate, quae adijci possent, hae●e ad●ectere intempestiwm esset.  SANCO SEMIPATRI.  
De decuma Victor tibi Luciu' Mummiu donum,  
Moribus anteiqueis hoc pro usura dare sese,  
Visum animo so. perfecit sa pace rogans te,  
Cogendo, dissoluendo ut foelicia faxis,  
Perficias Decumam ut faciat verae rationis.  
Propter hoc, atque alieis donis, des cuncta roganti.   
Their Sancus was Hercules; whom they usually titled Semo Sancus Deus Fidius, and the title of this transcribed by some, is, Sanco Fidio Semo Patri, which I rather think they mistake for S. F. Semoni Patri. That de decuma donum was some special gift made with the cost of the Tithe of the spoils; and decuma verae rationis is there for the best of discretion and policy, as 
p Saepius apud Symmachum in Ep●stolis.  edecumata 'mongst the Ancients were the best and choicest parts, and 
q Videses Angel. Polit. Miscall. cap. 86  Decumanum the greatest and fairest; as fluctus decumanus, scuta decumana, decima unda, and the like. the great value that Hercules was by those vows honoured with, is understood in that of Phaniscus 
r Plautus in M●stellaria act. ●.  of Tranio. 
— unus isthic servus est sacerrimus  
Tranio; is vel Herculi conterere quaestum possiet.  But neither did the Romans and their next Neighbours thus Tithe only to Hercules; but these their arbitrary vows and thanksgivings were sometimes also to other Deities. The old Pelasgi 
s Dionys. ●ali●arnass. lib. 1. & Steph. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  that transplanted themselves into Italy, gave their Tenth of gain out of Sea-merchandize, to Apollo at Delphi, according to the Oracles direction, which at Dodona before had told them, that being mixed with the Aborigines, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, they should send their Tithe to Phoebus. That example of Camillus, is to every one known. he vowed the Tenth 
t Plutarch. in Camill. L●u. lib. 5.  of the spoils to Apollo, and most carefully took order, by advice from their most learned Priests, to perform it. and Posthumius Dictator 
u Vide Dionys. Halicarnass. lib. 6. & ●.  long before upon his happy victory against the Latins, tithed the spoils, spent forty talents upon sacrifices and prayers, in honour of the gods, and erected a Temple, with what remained, to Ceres, Bacchus, and Proserpina. At other times also, on the general worship of the gods, such a Tithe was spent. And other Deities, besides any of these, had sometimes Tenths of gain; as Fortune, Mercury, being the gods of travelers and Tradesmen; and the Deities of the way, or Dij Semitales; as Vius, and others. so Noble Scaliger understands that which Taurinus speaks of his father Caesius a Merchant, in an inscription 
x Catalect. V●t●. lib. 1. tit. 14.  to Fortune. 
Omnibus hic annis, votorum more suorum,  
Centenas adicit, numero crescente, coronas  
Fortunae simulacra colens, & Apollinis arras,  
Arcanumque Seven—  Thus in Italy the custom was arbitrarily to pay and vow Tithes to their Deities, and continued in use till the later times of the Empire, as appears also in that Law received from Ulpian by 
y ff. tit. de▪ Policit. l. 2. quis. §. 2.  justinian. Si Decimam quis bonorum vovit, decima non prius esse in bonis desinit, quam fuerit separata. & si forte, qui decimam vovit, decesserit ante sepositionem, haeres ipsius, haereditario nomine, decimae obstrictus est. voti enim obligationem ad haeredem transire constat. by this it is manifest that though the vow, or payment without vow, were arbitrary; yet, upon death, after vow made, the Heir or Executor of him that vowed was bound to pay; according as also in like vows 
z C tii. de Sacra● sanct. Eccles l 15. Si quis donaverit.  of Houses, Land, or Chattels, to the honour of a Martyr, Prophet, or Angel, the Law was among old Christians.   

II.  
The view of these examples plainly disproves that assertion used by many out of Festus: Decima quaeque veteres Dijs suis offerebant. no such matter. some did, and only sometimes, and of some things, and most usually to some gods only. Festus himself was too learned to have left such a monument of ignorance. No doubt is, but that which Festus had there in some larger note observed, according to a truth agreeing with what is before opened, was too boldly contracted into that piece of untruth, by his Epitomator Paulus Diaconas. as in him, so in many other, most observable things have perished, both by the ignorance aswell as negligence of insufficient Epitomators. and Paulus is well taxed for it by the divine Scaliger. Vide, says he, quantum juris barbarus ille sibi sumpserit in hoc loco mutilando! indeed, most of that, which we call and receive as Sextus Pompeius Festus, is Paulus his only, abridged out of Festus. and those of the middle 
a 〈…〉. opusc. advers. Episcop. Laud●. na●s. c. 20.  Ages cited it under the name of Paulus his Gloss. But when Scaliger there adds; uni enim tantum Herculi hoc fiebat; he mends it not enough. for if it had been Decima quaeque. Herculi veteres offerebant, it had been false, if understood as of Tithes used to be given by all or of all things. they consisted painly in vows and special thanksgiving, which were wholly arbitrary, as Tenths or Fifteenths given by the Subject in Parliament. and had the offering of them been usual of yearly increase, Cato, that in his de Re Rustica hath so fully the ceremonies of Sacrifices to be used by the husbandman in his Harvest, had never omitted it.   

III.  
The Grecians (under which name, comprehend the Asians that were of Greek manners) often consecrated their Tithes to Apollo. witness an inscription at Delphi, sacred to him, 
b Clem. Alex. Stromat. α.  having this Verse, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. That we may hang up Tithes and first Fruits to the honour of Phoebus▪ And, that famous 
c Herodot. lib. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  Rhodopi● sent to Delphi as many spits, for use in sacrifice, as the Tithe of that gain which she had made of her body came to. The Crotonians, before their war against the Locrians, vowed a Tenth 
d Trogus histor. 20  to him; and the Locrians, to exceed them that way, a Ninth. the Oracle having given it out, that rather by excess in vows than arms▪ the victory should be gained. To the same Deity the inhabitants of Sip●nus gave 
e Herodot. lib. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉  yearly the Tithe of their mines which they found in the Isle▪ And after a victory against the Thessalians 
f Idem in Vrani●.  had by the Pho●ians, they made two statues of the Tithe of the spoils for him. Of Agit and Agesilaus the like devotionis 
g Xenophon Graec. hist. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. & in vita Ag●silat.  remembered. Other like examples are. Hence was Apollo called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as if you should say, Crowned with Tithes. And in regard the offerings to him were either the Tenth, or given as in lieu of so much, they were styled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as if you should say▪ first fruit in Tenths. 
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉  
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉—  says an ancient 
h Callimach in hymn. ad Delum.  to Delos, where Apollo was born and worshipped▪ that is yearly first fruits in Tenths are sent thee. so I understand it. But also to others sometimes joined with him, the like offerings were. After Pausanias' his victory against Mardonius, the money of the 
i Herodot. lib. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  Tenth of the spoils was by consecration divided, between jupiter Olympius, Nuptunus Isthmicus, and Apollo elsewhere 
k Xenoph. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Cyr. ●.  Diana of Ephesus participars with him. To other Deities without him, sometimes was this honour given, as to 
l Pausan. Elias. ●. & in 〈◊〉.  jupiter: to whom also Cypselus 
m Aristot. in Occ●n●●ile. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  of Corinth, when he vowed all the goods of the Citizens if he could get the City, had special ●egard to the Tenth part, as competent to a Deity; when to perform his vow, he gave yearly, for ten year together, the Tithe of all their estates, and left them the nine for their maintenance and merchandise. And Cr●esus admonished by Cyrus, would not have the goods of the Lydians 
n Herodot. lib. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  ransacked by his Soldiers, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Because necessarily they were to be tithed to jupiter. Sometimes juno hath this part; as in 
o Idem in M●lpo●.  Samos, the Tithe of certain Merchants goods was consecrated to her in a Cup. Pallas sometime hath it. divers of the Boeotians and Chalcidians being taken prisoners by the Athenians and ransomed, the 
p Idem in Terpsich●r.  Athenians, with the Tithe of the ransom, consecrated a Chariot to her. She also had among them the Tithe of all goods 
q Xenoph. histor. Grac lib. 1. & videses M●ursi●● Attic. lict 5. c. 13.  confiscate, and that they called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. And a tradition was among them of Priapus a Genius of war, that at Juno's request taught Mars first to dance, and then made him a perfect Soldier; that 
r Lucian. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  juno gave him for a perpetual salary, all the Tithe of the spoils that Mars should gain in his victories.   

IV.  
These examples among the Grecians are, for some kind of Tithes vowed, or otherwise arbitrarily, or by some local custom paid to special Deities. But testimonies are not wanting among them, as general almost as that of Festus is for the Romans. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 (saith Harpoctation, and, out of him, Suidas) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, They used to Thithe their spoils of war to the gods. and Didymus 
s Apud Harpocrationem in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  an old Grammarian, tells us that, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, It was a Greek custom to consecrat the Tithes of their abundance to the gods. From whence both he and Suidas fetch the reason why 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, to Tithe, signifies also to consecrat. but therein they are deceived. Neither doth the Greek phrase to Tithe, signify generally to consecrat; but in this notion it denotes only a special consecration of young Athenian Maids made to Diana in her feast Brauronia. None by their Law was to 
t Suidas in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  have a husband, but such as were then initiated to her; and none was to be initiated but between five and ten years of age; from which utmost year (because for the most part till then, they stayed from these Rites) the Virgins to be initiated, were called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as if you should say, ten yeerlings; and thence came 
u Hesych. in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & Harpocration in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to signify, to this purpose only, to consecrat or initiat, which otherwise was expressed by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. But if those Grammarians meant that all men paid their Tithes in Greece, and that of every kind of their spoils or abundance; they deceive much and are deceived. you must understand them as speaking of what was sometimes, and by vow or special thanksgiving, done. Their saying it was a Custom to tithe, or that they tithed, is but like that of Cassius: mos erat Herculi decimam profanari among the Romans. It was a custom sometime and of somethings to do it, as it was a custom to consecrat statues, hair, vessels, and other more such like to Deities. yet were those customs no more general or binding all or done by all, than the custom, in some Cities among us, to offer at wedding-dayes. it was a custom or use to do so; that is, many men did so. The examples before taken out of story make that plain. And in that sense only are these authors to be credited, touching the consecrating of Tithes to the gods in general. For sometimes they were generally given to the gods, without any particular designed. Suidas 
x In 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  relates an example thereof, among the Lydians. And when the Athenians had divided Lesbos into 3000. parts, they 
y Thucydides lib. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, hoc est, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, inquit Scholiastes vetus.  consecrated 300. that is the Tenth, generally to the gods. and Pisistratus writing to Solon touching the tribute of a Tenth, says, that he took Tithes of every one of the people, not so much for his own use, as 
L●●rt. de vit. Philos lib▪ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as for public sacrifice or the use of the gods in general. and the Tenth of what the Cooks in 
a Scholiast. in Aristoph. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  Athens killed for meat, was so due for a public use in honour of the gods, if my Author deceive not.   

V.  
Here may be added to the Grecians use, the example of the 
b justin. lib. 1●.  Carthaginians, that sent the Tithe of their Sicilian spoils to Hercules at tire. and you may remember that Arabian Law, wherein every Merchant was bound to carry his Frankincense to Sabota (which the Learned take to be Saubatha in Ptolemie; the chief City of Arabia foelix) and there offer to their god Sabis the 
c Plin. hist. 12. c. 14  Tenth of it, which his Priests received. neither might any sale be made of it till that was paid. Sabis doubtless was their Bacchus, Uranus, jupiter, or Sabazius; which are one. For the Deities of the Arabians were always accounted but 
d C●lsus ap. Originem lib 2. Ar●●●n. de g●st. Alex. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Strabo lib. 1●. Herodot. lib. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  two: the god Uranus (known also by those other names) and the goddess Urania or Venus. it is nearest truth therefore, that their Sabis is the same with Sabazius, which was first corrupted from Zabaoth, commonly occurring in holy Writ as an attribute to the only and true God. and as this name, so the payment of the Tenth very likely came to them from the use of it among the jews, their Neighbours, as also to the Carthaginians from their Ancestors the Phoenicians, that spoke the same language with the jews and conversed most with them. Neither is it unlikely but that the ancient and most known examples of Abraham, gave the first ground, both to them and to the Europaeans, so sometimes to dispose the Tenth of their spoils of war to holy uses. For 'tis no news to have the eldest of jewish customs usurped (though according to time and place diversly varied) amongst the Gentiles. What of later time is found among Mahumedans for the Tenth paid, must be referred to the mosaical Law, which they receive as authentic, but keep it according to Mahumeds' fancy, and the doctrine of his Canonists. You may remember here 
e Apud Aeliarum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, lib. 4. cap. 53.  Eudemus his relation of some kind of beasts in Africa that always divided their prey into eleven parts, but would eat only the Ten, leaving the Eleventh as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, a kind of first Fruit or Tithe. So says my Author, and take his word alone; I am not his Surety.    

In the first four hundred years after Christ. CAP. IU.  
I. No use of Tithes occurs till about the end of this four hundred years. Offerings and Monthly pay for maintenance of the Church in the primitive times. Divisiones Mensurnae. Sportulae.  
II. Payment of Tithes of Mines and Quarries to Christian Emperors. The wealth of the Church envied.  
III. The opinion of Origen touching Tithes.  
IV. Constitutions of those times, that mention them, are of no credit.  

I.  
SInce our Saviour, the time being about MDC. years, it will fall aptly enough so to divide that number quadripartitly, that we may discover the known Use, Opinion, and Constitutions of every four hundred years, touching the duty or payment of Tenths. the difference or latitude of XX. years or some such number, either of increase or want (as occasion shall serve) being allowed. and the English Law and Use (because therein we shall be most particular) being referred to the last seven Chapters. Till towards the end of the first four hundred, no Payment of them can be proved to have been in use. Some Opinion is of their being due. and Constitutions also; but such, as are of no credit. For the first; 'tis best declared by showing the course of the Church-maintenance in that time. So liberal, in the beginning gf Christianity, was the devotion of the believers, that their bounty, to the evangelical Priesthood, far exceeded what the Tenth could have been. For if you look to the first of the Apostles times; then the unity 
f Act. cap 4 34.  of heart among them, about jerusalem, was such that all was in common and none wanted, and as many as were possessors of lands or houses, sold them and brought the price of the things that were sold and laid it down at the Apostles feet, and it was distributed unto every man according as he had need. And the whole Church, both Lay and Clergy, than lived in common as the Monks did afterward about the end of the first four hundred years, as 
g Homil. 11. in Acta.  S. chrysostom notes. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 (says he) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, so they live now in Monasteries, as then the believers lived. But this kind of having all things in common, scarce at all continued. For we see, not long after in the Church of Antiochia (where Christianity was first of all, by that name, professed) every one of the Disciples 
h Act. Apostol. cap. 11.29.  had a special ability or estate of his own. So in Galatia and in Corinth, where S▪ Paul ordained 
i Epist. 1. ad Corinth. cap. 16.2. vide O●kam in Oper 90 die●um, cap. 107.  that weekly offerings for the Saints should be given by every man as he had thrived in his estate. By example of these, the course of monthly Offerings succeeded in the next ages. Those monthly Offerings given by devout and able Christians, the Bishops or Officers appointed 
k Vide Synod. Gangr. Can. 66  in the Church, received; and carefully and charitably disposed them on Christian worship, the maintenance of the Clergy, feeding, clothing, and burying their poor brethren, widows, orphans, persons tyrannically condemned to the Mines, to Prison, or banished by deportation into Isles. They were called Stipes (which is a word borrowed from the use of the Heathens in their collections made for their Temples and Deities) neither were they exacted by Canon or otherwise, but arbitrarily given; as by testimony of most learned 
l Apologetic. cap. 39 & videses c. 42.  Tertullian, that lived about CC. years after Christ, is apparent. Neque pretio (are his words) ulla res Dei constat. Etiam si quod arcae genus est, non de oneraria summa quasi redemptae religionis congregatur modicam unus quisque Stipem menstruâ die vel cum velit, & si modo velit, & si modo possit, apponit. Nam nemo compellitur, sed sponte confert. Haec quasi deposita pietatis sunt. And then he shows the employment of them in those charitable uses. Some authority 
m Vrban. 1. in Epist. c. 12. q. 1▪ c. 16. Sed & vide Euseb▪ Eccles. hist. lib 9 cap. 9 Edict. Maximini, & lib. 10. cap. 5. Edict. Constant. & in lib. 2. de vita Constantini, c. 39.  is, that about this time lands began also to be given to the Church. If they were so; out of the profits of them and this kind of Offerings, was made a treasure; and out of that, which was increased so monthly, was a monthly pay given to the Priests and Ministers of the Gospel (as a salary for their service) and that either by the hand or care of the Bishop, or of some Elders appointed as Oeconomi or Wardens. Those monthly pays they called mensurnae divisiones, as you may see in 
n Cyprian. Epist. 27. & 34. & vide Epist. 36. editione Pa●nmeliana.  S. Cyprian, who wrote being Bishop of Carthage, about the year CCL. and, speaking familiarly of this use, calls the Brethren that cast in their monthly offerings, fratres sportulantes, understanding the offerings under the word sportulae, which at first in Rome denoted a kind of running banquets distributed at great men's houses to such as visited for salutation, which being oft-times also given in money (as you may remember out of Mardial) the word came at length to signify both those salaries, wages, or fees, which either 
Papinian ss. de Occu●●on ●. 6 §. 1. & C. tit de ●portu●is & vide Glos●as Graec. 〈◊〉 in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  judges or Ministers of Courts of justice, received as due to their places, as also to denote the Oblations given to make a treasure for the salaries and maintenance of the Ministers of the Church in this primitive Age. and to this purpose was it also used in later 
p Concil. Chalced. A. D. 451▪ in lib. ●●. Samuelis & al. ●●ntra Iban. & videses ●om. 3. Co●cil fol. 23●. cap. 31. edit. Binij penultima.  times. But because that passage of S. Cyprian, where he uses this phrase, well shows also the course of the maintenance of the Church in his time, take it here transcribed. but first know the drift of his Epistle to be a reprehension of Geminius Faustinus a Priest his being troubled with the care of a Wardship, whereas such, as take that dignity upon them, should (he says) be free from all secular troubles like the levites, who were provided for in Tithes. Vt qui (as he 
p Epist. 266. edi●. Pammel.  writes) operationibus divinis insistebant, in nulla re avocarentur, nec cogitare aut agere secularia cogerentur. and then he adds, Quae nunc ratio & forma in Clero tenetur, ut qui in Ecclesia Domini ad ordinationem▪ Clericalem promoventur nullo modo ab adminstratione divina avocentur sed in honore Sportulantium fratrum, tanquam Decimas ex fructibus accipientes, ab Altari & Sacrificijs non recedant, & die ac nocte coelestibus rebus & spiritalibus seruiant. which plainly agrees with that course of monthly pay, made out of the Oblations brought into the Treasury; which kind of means he compares to that of the levites, as being proportionable. But hence also 'tis manifest, that no payment of Tithes was in S. Cyprians time in use, although some, too rashly, from this very place would infer so much. those words tanquam Decimas accipientes (which continues the comparing of Ministers of the Gospel with the levites) plainly exclude them. And elsewhere also the same Father finding fault with a coldness of devotion that then possessed many, in regard of what was in use in the Apostles times, and seeing that the Oblations given were less then usually before, expresses 
r De unitate Ecclesiae▪ §, 2●.  their neglect to the Church, with, at nunc de patrimonio nec Decimas damus. whence, as you may gather, that no usual payment was of them, so withal observe in his expression, that the liberality formerly used had been such, that, in respect thereof, Tenths were a small part. understand it as if he had said, but now we give not so much as any part worth speaking of. Neither for aught appears in old monuments of credit, till near the end of this first four hundred years, was any payment to the Church of any tenth part, as a Tenth, at all in use.   

II.  
But some Laws of this time yet remain, which show that Tenths out of Mines and of Quarries were paid, both to the Emperor and to the Lord of the soil; as in the ancient state of Rome the Tenants of the Lands of the Empire paid for Rent the 
s Appian. lib. 1. etc.  Tenth of their Corn, whence the Publicans that hired it (as the Customers do here the King's custom) were called Decumani. those Laws for the tenths of Mines and Quarries, were made by 
t C. tit de Metalla●iis l. 3. Cuncti. & ●in C. Theodos. lib. 10 ●it. 19 l. 10. & 11.  Gratian, Valentinian, and Theodosius, Christian Emperors, about CCC.LXXX. and show withal that they thought not then of any Tenth of such things, to be given otherwise, when indeed (however Cyprian might before have cause to complain in afric) Christian bounty in Oblations (especially at Rome; and with proportion like enough in other Churches) so enriched the Clergy, that their wealthy happiness thence was much wondered at, and not a little, from thence, envied. For the then Bishop of Rome his wealth from Oblations chiefly, you may see 
u Amm. Marcellin. lib. 27.  Marcellinus. For other of the Clergy, a whole Sermon is in 
x Tom. 6. edit. Saviliana, pag. 897. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 etc.  S. Chrysostom that lived at the end of this first CCCC. years, against such as envied the wealth of the Church, that grew only out of such Christian devotion to the Priesthood.   

III.  
As touching Opinion in that time; Origen a great and most learned Father, living about the year CC. hath a whole Homily 
y Homil. in Nu●er. cap. 18.  upon the Text of first-Fruits in the Law, wherein while he teaches that some things are literally to be observed, he well admonisheth that 'tis the part of a wise Interpreter to find out which are so, and which not. And then first he delivers his judgement, that this of first-Fruits is one to be observed still according to the letter, and gives this reason; Decet enim (as the Latin is: the Greek I neither have, nor could ever learn that it hath been published) & utile est etiam Sacerdotibus evangelii offerri primitias. Ita enim & Dominus disposuit, ut qui evangelium annuntiant de evangelio vivant, & qui Altari deseruiunt de Altari participent; and a little after adds also for Tithes: Et adhuc ut amplius haec obseruanda etiam secundùm literam ipsius Dei vocibus doceamur, addemus ad haec; Dominus dicit in Euangelijs; Vae vobis Scribae & Pharisaei, hypocritae, qui decimatis mentam, hoc est, Decimam datis mentae & cymini & anethi & praeteritis quae maiora sunt legis. hypocritae, haec oportet fieri & illa non omitti. Vide ergo diligentius quomodo sermo Domini vult fieri quidem omnimode quae maiora sunt legis. non tamen omitti & haec quae secundum literam designantur. Quod si dicas, quod haec ad Pharisaeos dicebat non ad Discipulos; audi iterum ipsum dicentem ad Discipulos: Nisi abundaverit justitia vestra plusquam Pharisaeorum & Scribarum, non intrabitis in regnum Coelorum. Quod ergo vult fieri à Pharisaeis multo magis & maiore cum abundantia vult à Discipulis impleri. And a little after. Quomodo ergo abundat justitia nostra plusquam Scribarum & Pharisaeorum, si illi de fructibus terrae suae gustare non audent priusquam primitias Sacerdotibus offerant & Levitis Decimae separentur; & ego nihil horum faciens fructibus terrae ita abutar, ut Sacerdos nesciat, Levites ignoret, divinum Altare non sentiat. And in this form, and upon these reasons, he brings in that of Tenths in the Gospel, to prove his purpose of first-Fruits. But in his conclusion upon it, he leaves out Tenths, and speaks only of first-Fruits, thus. Haec diximus asserentes mandatum de primitijs frugum vel pecorum debere etiam secundum literam stare. What we have transcribed shows both his opinion fully, and the ground of it; without which specially observed, error soon follows ofttimes in collection from authority. For Opinion of this time, thus much. More, I confess, might be added out of some other great Fathers, as S. Ambrose, and S. Augustine. but because they fall so near the end of our first age and continue into the second; they are omitted here and referred to the beginning of the next four hundred years.   

IV.  
For Constitutions of the Church; if you could believe those supposed to be made by the Apostles, and to be collected by Pope Clement the first you might be sure both of payment in the Apostles times, as also of an express opinion as ancient for the right of Tenths. there you read: 
a Clement. in Con●●it. Apostol. lib. 2. Cap. 25.  Quae secundum Dei mandatum tribuuntur, Decimas dico & primitias, insumat Episcopus ut homo Dei. and the right is there largely grounded upon the levitical commandment. But no man that willingly and most grossly deceives not himself, can believe that this Constitution or divers others there, are of any time near the age of the Apostles, but many hundred years after. The little worth, and less truth, of the whole Volume is enough discovered by divers of the learned. and it was long since branded for a counterfeit in an Ecumenical 
b Synod 6. in Trullo▪ cir●a a. d. 690. Ca●. 2.  Council, when, doubtless, it was not yet neither so stuffed with Canons of later birth, as since it hath been. neither are there greater arguments against it as now it is, than some passages of fact that obuiously occur in it, among which this may clearly go for one. Had it been the Apostles ordinance or the use of the Church in the Primitive times, Origen, Tertullian and Cyprian (having such occasion to mention it) could not have been so silent of it. And is it likely that all the old Counsels, from thence till near DC. years after Christ (which, being authentic beyond exception, have special Canons for the lands and goods possessed by the Church, the Offerings, Revenues, and such more) could have omitted the name of Tenths, if either such use or Apostolical Law had preceded? They talk of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the goods of the Church, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Offerings of fruits; but have not a word any where of the Tenth part. And in those counterfeit 
c Canon. Apost. cap. 3. & 4.  Canons also which some too credulously (and those also that wholly reject the eight Books of Clementines) received as made by the Apostles, one is indeed of first Fruits (although, touching them by that name, certainly no Law was made under the Apostles) but no word of Tenths. Of a like credit, it's to be feared, is that which is attributed to a fourth Council of Rome, held about the year CCC.LXXX. by Pope Damasus. indeed (upon Cardinal Baronius 
d Baron. Annal. tom. 4. 〈◊〉. 382. pag. 399. & ●. 384. pag. 427. edit. Plantiniana.  his credit) in the Vatican the Legend of this Pope, which was used to be read in the Church, is extant; and, with some miracles, are mixed in it certain decrees supposed his, and made in he knows not what Council at Rome. of which one is; Vt Decimae at que primitiae à fidelibus darentur, & qui detrectarent anathemate ferirentur, as he relates it. But those decrees, being taken out of the Legend of him, neither ever were received as Canonical in the Church, nor hath the eldest Code of the Church of Rome, or Fulgentius, Cresconius, Isidore, Burchard, Ivo, or Gratian, mention of any of them. Not because what was taken to be truly his, was altogether wanting; for the Canons of one Council of Rome under him, his Epistles, and some Decrees are and have been from ancient time, public and dispersed in some of those Compilers; and one 
e C. 1●. q. 1. c. 15. hanc cons●etudina●.  especially they have of his time, which being made only for the disposition of such things as were given to the Church, speaks only of Oblations. but this of Tithes or any of the rest joined with it touching Usurers, Witches, and other more (which Baronius only and first published to the world, out of the Ms.) none of them once remember. Neither before Binius his edition had any Volume of the Counsels received into them a memory of any such Decrees under this Damasus, or any Council of his of that number. Those kind of Acts and Legends of Popes and others, are indeed usually stuffed with such falsehoods, as being bred in the middle ages among idle Monks, not only grow ancient now, but are received amongst us with such reverence, that the antiquity which the Copies have gained out of later time, is mistake for a Character of truth in them for the times to which they were first, by fiction or bold interpolation, referred. In sum, no example for the Synods of succeeding ages, no antiquity for the Compilers of the Canons, had been of equal reverence to this of a Pope, and done at Rome. neither had they omitted every of those Decrees, had they been truly his. Confidently conclude, they are supposititious. yet remember too that some colour is for the truth of such a Constitution, in regard that about that time the first memory is of Tithes by that name paid in the primitive Church; as in the next part of this division shall be declared. And were that 
f C. 16. q▪ 1. ● 68 quoni●m. ut genu●●nae D. Hieronym● memini● etiam Innocent. 3. in ext● de his qu● fiunt a Prael●tis. ● 7. cum. Apostolicae.  Epistle not counterfeit, which is attributed to S. Hierom, as written to this Pope upon that question: Vtrum us as decimarum & oblationum secularibus pervenire possit, it might be good cause to maintain the truth of this Decree of his for Tithes. But plainly that Epistle is alike feigned; neither tastes it of him or of any time near that age; nor hath it been ever received among that most learned Father's works.    

From about the year CCCC. ●ill DCCC. CAP. V.  
I. Tithes were now paid in divers places, to Abbots, to the Poor, to the Clergy.  
II. Some Consecrations were then made in perpetual right, at the pleasure of the Owner.  
III. That story of Charles Martell his taking away Tithes, and making them feodall, cannot be justified.  
IV. The opinions of S. Ambrose, S. Augustine, S. Hierom, and S. Chrysostom. the first two teach, the Tenth due by God's Law; the other two persuade only that a less part should not be offered.  
V. Of Canons, for the payment of Tithes, that are attributed to this Age.  
VI No Canon or other Law was yet generally received to compel any payment of Tithes, although among the Offerings of devout Christians, gifts of that quantity, were received as due by the Doctrine then in use, in some places only.  
ABout the beginning of the next, or rather some years before the end of the first part of this division, and afterward, Tenths were paid, or, for holy uses offered (as the phrase was) in divers places, in Offerings of that quantity; and some testimony is of Churches also endowd with the perpetual right of them in the later half of this four hundred years. Great Opinion was now of their being due. And some Canons and Provincial Constitutions, attributed to this time, ordain a payment of them. But not above one of these (and that's only Provincial) is of any credit.  

I.  
That they were offered under the name of Tenths in part of Italy, may be collected out of S. Ambrose who was Bishop of Milan before, and after the year CCC.XC. And the like for the Diocese of Hippo may be supposed out of S. Augustine's vehement Sermon for the payment of them. The words of both these Fathers (which in relating their opinions are anon transcribed) may enough prove, that some did in those times offer them. And it may be, 
g In Epist. ad Nepositnum ●e vita Clericorum.  S. Hierome pointed at the receiving of Tithes then so offered, in those words of his, spoken in the person of a Clergyman. Si ego pars Domini sum & funiculus haereditatis eius, nec accipio partem inter caeteras tribus, sed quasi Leuita & Sacerdos vivo de Decimis, & Altari seruiens Altaris oblatione sustentor, habens 
h ●. ad Tim. c 1 p. 6. ●  victum & ves●itum; his contentus ero & nudam crucem nudus sequar. But 'tis no necessity to understand him so. it may well be, that de Decimis there is but a continuance of the comparison made by quasi Leuita; as if he had said, But live like a Levite that lived of the Tithes, and serving at the Altar, am maintained by the offerings at the Altar etc. what in Gratian is falsely attributed to him, is before remembered. In Egypt also, some holy Abbots had Tithes of all fruits offered them about the beginning of this age. Certatim Decimas vel primitias frugum suarum memorato seni (to Abbot john) de suis substantij offerebant, 
i Collat. Abbot. Theone, 21▪ cap. 1. & 2.  says Cassian, the Hermit that lived about the year CCCC. XXX. and the Abbot receius the offering with this kind acknowledgement; Devotionem huius oblationis (cuius dis●ensatio mihi credita est) gratanter amplector, quia fideliter primitias vestras ac Decimas indigentium usibus futuras, velut sacrificium Domino bonae suavitatis offertis. Where it appears the Abbot received them as a Treasurer for the poor. And about the year CCCC. LXX. Christians also in Pannonia, by example of S. Severins bounty, gave the Tenth of their fruits to the poor. Devotissime (says 
k ●ugippius in v●ta S. Severini, cap. 17. & 18.  my author that then lived also) frugum suarum Decimas pauperibus impendebant; quod mandatum, licet cunctis ex lege notissimum sit, tamen quasi ex ore Angeli praesentis grata devotione seruabant. And a little after, he relates that the Inhabitants of Lauriacum (which some take for Lorch in Austria) being often admonished by S. Severin, to pay the Tenths of their fruits to the poor, had notwithstanding omitted it; whereupon, their Corn being blasted, they humbly come unto him, poenas suae contumaciae confitentes, acknowledging their loss as a reward of their fault. And the Saint answers them; Si Decimas obtulissetis pauperibus, non solùm aeterna mercede frueremini, verùm etiam commodis possetis abundare praesentibus. whence is seen both the received use of offering them in that place, as also the opinion of Severin. And in a Provincial Council at 
Matiscon. Council. ● cap. 51  Mascon, held in the year D.LXXXVI. that is, the XXIII. of King Guntheram, by all the Bishop's subject to his government in France, the payment of Tithes, into the hands of the Ministers of the Church, is spoken of, as of good antiquity at that time, and grounded upon the mosaical Laws, which they call there divinas, and add; quas leges Christianorum congeries longis temporibus custodivit intemeratas. that long time they speak of, might have had perhaps beginning from the doctrine of those two great Fathers, S. Ambrose, and S. Augustine, about the year CCCC. whereof, more presently. But observe also that, Leo the Great (he was Pope from CCCC. XL. to CCCC. LX.) hath divers Sermons, yet remaining, De jeiunio Decimi mensis & eleemosynis, wherein he is very earnest and large, in stirring up every man's devotion, to offer, to his Parish Church, part of his received fruits, but, speaks not a word of any certain quantity. The like may be noted in some Homilies of 
m Vide cum in Epist. ad Philippe●s. & Sermonem 103. ●n cos. qui Clericorum opulentam inviderunt, Tom. 6. Edit. Sa●●liana.  S. Chrysostom, touching the Church's maintenance, in which you might wonder how Tithes were omitted, if either devotion or doctrine had near the beginning of these CCCC. years made payment of them (especially in the more Eastern parts) of any common use. For the later part of those years, see towards the end of this Chapter.   

II.  
But beside the offering of Tenths yearly (as was done, by the devouter sort, sometimes to the Ministers of the Sacraments, sometimes to Abbots, and the like) a perpetual right also of them was consecrated to some Churches, by grant or assignment, out of such or such land, at the owner's pleasure; and that long before the end of this four hundred years. These special endowments may be collected from a Canon of a Council of 
n Arelat. 4 c. 9 & videsi● c. 16. q. 1. c. 42.43. & 44.  Arles, held in the year DCCC.XIII. which thus speaks: Vt Ecclesiae antiquitus constitutae, nec Decimis, nec ulla possessione priventur. and other Provincials of that time, and Laws of Charlemagne agree with it; as that of his thus speaking; 
o Anseg●sus Capitular lib. 2. c. 36. & vide lib. 2. cap. 15.  Ecclesiae antiquitus constitutae, nec Decimis, nec aliis possessionibus priventur, ita ut novis oratorijs tribuantur. These cannot well be understood, unless you interpret them to mean Churches anciently endowd with Tithes. And what was then about the year DCCC. said to be anciently endowd, must be referred back into some part of the time we now speak of. Neither are the monuments of that time without example of such endowments. It is reported that Pippin about the year DCC.L granted the Tithes of all that lay between Ourt and Lesche two Rivers of Ardoinne, to a church consecrated to the honour of S. Monon. So I take that in 
p Apud Molanum in SS. Belgii in 18. Octob.  S. Monon's life. Beato viro ob titulum Christianitatis mactato Pipinus Rex regaliter Decimas obtulit, quas habet inter Letiam & Vrtam. So about the year 
q Chronicon. Came●ac. & A●reb. lib. 1. c. 15.  DC.LXXX. Decimancula in Rodulfi Curte, that is, the right of a Tithe of small value, in a place called Rodulfs Court, was consecrated to the Church of Arras. And in a confirmation by King Pipin of the foundation 
r Bonifac. Mogunt. Epist 151. Al●ae sunt ciusmo●i Donationes Pipini Regis & aliorum in Regesto Ms. Ecclesiae Vltraiect ensis, quod servatur in Bibliotheca C●●toniana. & vide proximum caput de●a●re.  of the Abbey of Fulda (which was made in DCC.XLII.) consecrations of Tithes to the same Abbey, either already made or thereafter to be made, are specially confirmed. whatsoever it had or thereafter should have in donis, oblationibus, Decimisque fidelium, absque ullius personae contradictione firmitate perpetuâ fruatur, are the words. But these kinds of grants it seems were not yet in much use. and what was of them, I guess, might have beginning not long before DCC. years from our Saviour. For if they had been known much before, the precedent of them could hardly have been omitted by Marculphus, who lived under King Clovis the second about the year DC.LX and collected carefully the Formulae or precedents of all kinds of Deeds, Conveyances, and Grants, that were practised in his time; amongst which he hath many by the name of Cessiones and Donationes, wherein lands and other profits were given to this or that Church, but never mentions any one for the gift of Tenths.   

III.  
If the common tale of Charles Martell his taking away the Tithes, that Churches were endowd with, and giving them to the laity, about the year DCC.XL. were true, it were authority (both for general payment, and special endowment in those times) of great antiquity and fair proof. but although that of him be received as a story by divers of late time, yet clearly it can never be justified. He was indeed a robber of the Church; but he is not mentioned by any old author of credit, to have meddled with Tithes. He was Monasteriorum multorum Euersor, and Ecclesiasticarum pecuniarum in usus proprios commutator, as 
s In Epist. ad Ethelbald. R●g. M●r●. apud G. Malm●sb. lib. 1. cap. 4. quod t●● de Carolo isthoc ibi dicitur, in editis Bonifaci● Epistolis deest.  Boniface Archbishop of Mentz, that lived in his time, complains of him. that is, he took Monasteries, Bishopriques, Church-Rents, and possessions from the Clergy, & profaned them to lay-hands, as a reward of their military service then done for Christianity against the Saracens, who from Spain invaded the Country▪ whereupon also, another fiction is too patiently received; 
t Legend ●uch●rii apud Surium, tom. 1.30. Febr. & vide Gratian. c. 16. q. 1. post Canonem. 59 edit. Gregorian.  that, Eucherius Bishop of Orleans in a vision saw him damned for it; and that by a search (according as an Angel admonished) in his tomb, it was also confirmed for truth; there being found in it, no relic of him, but only a dreadful Serpent. The first author of this Hobgoblin story seems of like credit with him, who ever he was, that first published that the taking of Tithes was Martels chief sacrilege. Tithes in his time were not so universally as yet annexed to churches, as that they could be the main object of such a sacrilege. nor are they ever reckoned so among those ancients, that largely speak of Lay men's oppression by defacing whole Monasteries and Bishopriques in the times that next succeeded. Neither is it clear that in Eucherius his life, Martell was dead. for it is observed and taught by that great and most learned Cardinal 
u Tom 9 pag 111. & 138. ●dit. ●la●tini●na. ●ed v●roin hacre alij aliter. & qui curios●s hic esse velis▪ prae●. 〈◊〉 qua satis o●u●a●un●▪ ad●is. Adrevaldi autoris v●tustiss l●b. 1. de miraculis S. Benedicti, c. 14.  Baronius, that he lived at least ten years after Eucherius. How then could Eucherius cause his Tomb to be searched; and there find a Serpent? That's enough, & truth too, that Boniface brands him withal for his tyrannical spoiling the Church of her other possessions; Longa torsione & verenda morte consumtus est. the rest is only out of the Legend of Eucherius his life, which (as other things for the most part of that kind) is too full of falsehoods to gain to itself any credit. And some late Canonists that out of his tyranny against the Church, interpret their Decimae infeudatae, or feudal Tithes, are alike in no small error, as in the next Age shall be manifested. For neither was the course then used in taking the Church revenues for military maintenance, to give them in fee to any Lay man. but leases for life were made by Churchmen, to such as the Prince appointed, of great part of their possessions, whereupon certain small Rents (according to a proportion ordained by the State) were reserved. Those leases were sometimes upon the Princes request renewed, but upon death of the Lessee, the estate and possession reverted to the Church. all which appears plainly in a 
x Inter Ep●st. S. Boni●aci● post. 78. x●de, si placet, Epist. 132 & Zachariae PP. ad ●um Epist. 142.  Council held in the year DCC.XLII. under Prince Carlomann son to Martell; where that, which was so leased, is called according to the phrase of the Time, Ecclesialis pecunia, ou● of every Casa●a whereof a shilling was to be reserved to the Church or Monastery, whence it was granted. That Casa●a was a quantity of land known certainly from the custom only of every Country, as a yard land, or a hide of land with us. the same word, but varied in gender▪ often occurs in old Charters of our Saxon times, especially in the Lieger books of Worcester, and Abingdon. And in that of Abingdon, a Charter is of King Edwi, made 
y A. D. 956.  to one Brithric of quinque Cassati terrae, the title or rubrique being Carta quinque hydarum; and another there is with the same rubrique, the words of the Charter itself being quinque Mansae; whereupon by a Marginal note in an ancient hand, one observes those two to denote but the same. Nota (says he) quod Hidae, Cassati, & Mansae idem sunt. But this by the way. Of no less falsehood or upon other ground, than this fiction of Martell, is their 
z C●nt. Madg●urg. 8. etc. V●teris huiusce ae●i sermonis ignari hallucinati sunt▪ in ipsam Synodo ita legerant funda●as pecunias Ecclesia●um Ecclesijs restituimus. Et ita Codex vetutiss▪ Ms in Thesau●o illo Cottoniano, pecunias autem Decimas significasse opinabantur sedperperam & ridicul●. Pecunia● ibi praed a sunt.  relation which attribute to that Synod under Caroloman, these words, Decimas occupatas à prophanis restituimus. Neither course nor any story of the time can justify it.   

IV.  
For the Opinions of Fathers in the beginning of this Age; first, 
* Tom. 5. serm. ser. 2. post. Dom. 1. quad●ag●ssima, & vide serm in Ascens. Domini.  S. Ambrose thus, in a sermon of Repentance, teaches them due by Gods Law. Non nobis sufficit (says he) quod nomen Christianorum praeferamus, si opera Christiana non facimus. Decimas nostras annis singulis de cunctis frugibus, pecoribus etc. praecipit erogandas Dominus. Then he altes the Text of that Precept, out of Moses, and goes on with Novem parts vobis tributae sunt, sed qui Decimas dare noluistis ad solam Decimam revertotis. Next, he reprehends other offences, and adds, Quicunque recognoscit in se quod fideliter non dederit Decimas suas, modo omendet, quod minus fecit quid est, fideliter Decimas dare, nisi ut nec peius, nec minus aliquando Deo offeras, aut de grano tuo, aut de vino, aut de fructibus arborum, aut de pecoribus, aut de harto, aut de negotijs, aut de venatione sua. De omni substantia quam Deus homini donat, Decimam partem sibi reseruavit, & ideo non licet homini retinere illud quod Deus sibi reseruavit. Agreeing with him, is S. Augustine in a whole Homily 
a In serm. de Temp. in tom. 10. est vero 219. edit. Antwerp. atque ipsissima huius vocabula habentur in tractatu illo supposititio B. Augustino falso tributo, & de rectitudine Catholica conversationis▪ inscripto.  for the right of them; About Harvest he made it (if it be his; for it hath been doubted whether it be his or no) on the XII. Sunday after Trinity. Propitio Christo, saith he, fratres charissimi, iam propè sunt dies in quibus messes colligere debeamus, & ideo gratias agentes Deo qui dedit, de offerendis, imò reddendis Decimis cogitemus. Deus enim qui dignatus est totum dare, Decimam à nobis dignatur repetere, non sibi, sed nobis sine dubio profuturam. and grounds himself upon that of 
b Cap. 3.10.  Malachy, the text of honour the Lord thy God with all thy substance, and the like. Then exhorts them. Decimae tributa sunt egentium animarum. red ergo tributa pauperibus; offer libamina sacerdotibus; and admonishes, that, if they have no fruits of the earth, they should pay the Tithe of whatsoever they live by; Quodcunque te pascit 
c i e. viuend● g●nus.  ingenium, Dei est; & ind● Decimas expetit unde vivis; de militia, de negotio, & de artificio redde Decimas. aliud enim pro terra dependimus, aliud pro usura vitae pensamus. And then urging more Texts out of the old Testament touching Tithes and first fruits, and telling them, that the neglect of payment is the cause of sterility and blasting; Haec est (he saith) Domini iustissima consuetudo, ut si tu illi Decimam non dederis, tu ad Decimam revoceris. And afterward with much earnestness, Decimae ex debito requiruntur, & qui eas dare noluerit, res alienas invasit. & quanti pauperes in locis ubi ipse habitat, illo ●ecimas non dante, fame mortui fuerint, tantorum homicidiorum reus ante tribunal aeterni judicis apparebit, quia à Domino pauperibus delegatum suis usibus reseruavit. Qmi ergo sibi aut praemium comparare, aut peccatorum desiderat indulgentiam promereri, reddat Decimam. These two great Bishops agree; and from the Law given to the Israelites, take their whole doctrine. S. Hierome is by some used for an author to the same purpose, and that from his 
d Ad cap. 3. Malachia.  Commentary to the text of Malachy, which (after he hath opened the words of the Prophet, being only about the neglect of payment of Tithes and first fruits; about the neglect of payment only, not the right of them) are these; Quod de Decimis primitijs que diximus, quae olim dabantur à populo Sacerdotibus ac Levitis, in Ecclesiae quoque populis intelligite, quibus praeceptum est non solum Decimas dare & primitias, sed & vendere omnia que habent, & dare pauperibus, & sequi Dominum salvatorem; quod si facere nol●mus, sal●em Iud●●rum imitemur exempla, ut pauperibus partem demus ex toto, & Sacerdotibus & Levitis honorem debitum deferamus. Who hence thinks, that his opinion agrees with the other two, may as well infer, that he meant also, that all men were still bound to sell all they had, as in the Apostles times. He speaks only, as admonishing Christians to give their alms to the poor, and double 
e 1. Tim. 5.17.  honour to the Labourer in the Lord's service, not binding them at all to offer this or that part, but leaving plainly a Christian liberty; wherein yet, true devotion indeed, as he means, should not be more backward than the jews were, when they duly paid. He that indifferently reads him, will think no otherwise. Neither is S. Chrysostom at all different from him. He persuading 
f Hom 〈◊〉 epist. 1 ad Corinth. in cap. 16.  even labourers and artificers to give bountifully their offerings to the Church for holy uses, according to the Apostolical ordinance in the Churches of Corinth and Galatia, brings the jewish liberality in their payments of Tenths for an example (beneath which, he would not have Christians determine their charity) and says withal, that he speaks these things not as commanding or forbidding that they should give more, yet as thinking it fit that they should not give less than the tenth part (〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as his words are) of all profits gained either from the earth, or by merchandise, or whatsoever just employment either of person or estate. but not of Usury and War, which (at least as it was used in those primitive Ages) was held by most Doctors 
g Videses Lactantium lib. de vero cultu cap. 18. & Tertull. de Corona Militis.  of the time, as unjust as Usury. and indeed, where it was just, there no part of the gain or spoils was to be given to the Priests, by the doctrine of some 
h Abrah. Ben. ka●. ta●. pracept. 501.  Rabbins, that affirm it as expressly taught 
i Deut. cap. 18.1.  within a Text of Moses. But his exception of Usury agrees with the Canonists of late times, that will not have Tithe paid of unjust gain, no more than 
k Ibid. cap. 23.18.  the hire of a Whore, or the price of a Dog, was to be brought into the Temple. what is there called the price of a Dog, is by josephus 
l Origen. Iudai●. lib. 4. cap. 7.  taken for money given for the lone of a Dog to breed withal. You may add to the opinions of this time that of 
m Homil. 16. in evang. & dist. 5. the Consecrat. c. 16.  S. Gregory, where he admonishes the hallowing of Lent, consisting of six weeks, out of which, the Sundays being taken, XXXVI. days remain for the Tenth part of the year; fractions of days omitted. this Tenth of time he would have us give to God, ut in lege iubemur (as his words are) Domino Decimam rerum dare.   

V.  
Some Canons, both Pontificial and synodal, made for the right and payment of Tithes, are attributed to the ages that fall about the middle of this time. But I have not observed above one, that is of any credit, as referred hither; neither was that ever received into the body or any old Code of the Canons. That one is Provincial, and made in the year D.LXXXVI. in the Council of 
n M●tis●o●. 2. Cap. 5.  Mascon (a bishopric in the Diocese of Lions) where all the Bishops of King Guntherams Kingdom being present, speak of reforming Ecclesiastical customs according to an ancient example, and then begin with Leges Divinae, consulentes Sacerdotibus ac Ministris Ecclesiarum, pro haereditaria portione omni populo praecaeperunt Decimas fructuum suorum locis sacris praestare, ut nullo labore impediti per res illegitimas, spiritualibus possint vacare Ministerijs; quas leges Christianorum congeries longis temporibus custodivit intemeratas. unde statuimus ut Decimas Ecclesiasticas omnis populus inferat, quibus Sacerdotes aut in pauperum usum aut in captivorum redemptionem erogatis, suis orationibus pacem populo ac salutem impetrent. Here is no small testimony aswell of ancient Practice in paying of them, as of great Opinion for their being due. But although the whole Council hath to this day remained with the subscriptions of the Bishops to it, yet (whatever the cause was) not so much as any Canon of it is found mentioned, as of received authority in any of the more ancient Compilers of synodal decrees; notwithstanding, that the fullest of them, I mean Isidore, lived long after this Council held, and hath some other Synods of the Continent of France, as of Orleans, of Arles, of Agatha. But this he mentions not. The first that published it, was Friar 
o Tom. 2. Conc●lior. fol. 90.  Crab, in his Edition of the Counsels under Charles the fifth. Yet also in some that collected the Canons since Isidore, Decrees of elder time than that is, are to this purpose spoken of; as you may see in Ivo 
p Decret. part. 3. cap. 11●.  at the end of a Decretal of Gelasius that was Pope in the year CCCC. XCII. where these words are annexed, Decimas justo ordine, non tantum nobis, sed maioribus nostris visum est, plebibus tantum ubi sacrosancta dantur baptismata deberi. This stands continued with the rest of Gelasius, in the print. But in an old and very fair Copy near as ancient as Ivo, remaining in the Library at Paul's, these words begin with a coloured capital, as a several Paragraph; and indeed are not Gelasius his, but Pope Leo's the fourth, who lived above CCC.L years after. that appears plainly out of the Epistle 
q C. 12. ●. 2. & 25 etc.  of Gelasius (whereto they are annexed) which Gratian hath in all, saving this, according to Ivo, yet cities this passage in another place 
r C. 16. q 1. c. 45.  by itself, out of that Leo, from whom also 'tis likewise taken by Anselm and Gregorius Presbyter, who have in their collections the rest of Gelasius his Epistle according to Ivo, as it is noted to the Text published by command of Gregory the thirteenth. And in those Decrees 
s Decret. G●las●, cap. 20.  of Gelasius that are extant touching the Church-treasurie, or revenue, no mention is of other then of redditus Ecclesiae & oblationes fidelium. A like falsehood is committed by them 
t Ex Binio in tom. 2. Concil. alij, qui de hac re agunt.  that attribute a Provincial Constitution touching the distribution of Tithes amongst the Bishops and inferior Ministers to the first Council of Orleans, held in the year D.VII and that by finding some words to this purpose added to a Canon which in the printed Ivo 
u Decret. lib. 3. cap. 202.  hath a marginal reference to some Council of Orleans. It is most certain that the first Council of Orleans, 
x Concil. ●urel 1. cap 9.10. & 11.  hath no word of Tithes in it, but speaks of the distribution only of such things as in Altario oblatione fidelium conferuntur, and possessions of other like kind of Church-lands. and according to that, Burchard and Gratian 
y C. ●0 q. 1 c. 7. the his.  cite it; who have also those words that Ivo there hath, excepting only that of Tithes. And some other Provincials of the 
z Concil. Aurel. 3. cap. 5. & Aurel. 5. cap. 15.  same place and age, to the same purpose, speak afterward of oblationes & facultates, but not a word of Tithes. All which shows plainly that no such matter was ever in the first Council of Orleans. The truth is also that Ivo himself cities it not out of any Council of Orleans, but from, I know not what Council of Toledo, as his Ms. copy is, and as it is truly published in the printed book. all that directs to the Council of Orleans there, being only the marginal note of du Molin a Canonist of Louvain that set it forth. But neither any of Orleans or Toledo hath it all as he relates it. The truth is; that Canon of his is made up out of two Counsels indeed, the first 
a Arelat. 1. cap. 11.  of Orleans, and the ninth of 
b T●l●ta●. 9 cap. 6.  Toledo, and agrees well with both, saving for so much as is expressly spoken of Tithes. That which in those two had been ordained for Offerings and other revenues of the Church, he not unfitly applies to Tithes, being a more known part of that revenue in his time; and thither draws also an old Council of 
c Synod Rom. sub Syluestro Papa cap. 4.  Rome as if it had spoken expressly of them, & writes all in no other syllables than 
d Dewret. lib. 3. cap. 136.  Burchard had before delivered with a like title of ex Concilio Toletano. But this excuses not those which make the words of such a collection, out of two or three old Counsels, applied to a later time, to go for a Canon of any one of them. Many such are occurring in Burchard and Ivo epecially, and some in Gratian; which are noted upon their credits, and, in some editions, placed in the times to which they attribute them, licet forsan falso tali sint Pontifici, vel certè tali Concilio per scriptorum incuriam adscripti, as Friar 
e In Prologo●m. ad Tom. 1. Concil.  Crab well admonishes. A like falsehood is in attributing, out of the same 
f Part. 3. c. 174. Gar●●as apud Binium in Tom 2. Concil. ex eo alij.  Ivo, an express Canon for the payment of first Fruits and Tenths, to the Provincial Synod of Seville, held in the year D.CX. in these words. Omnes primitias & Decimas tam de pecoribus quam de frugibus, dives simul & pauper Ecclesijs suis rectè offerant. and a little after: Omnis rusticus & artifex quisque de negotio iustam Decimationem faciat. and then, Si quis autem haec omnia non Decimaverit, praedo Dei est, & fur, & latro; & maledicta quae intulit Dominus (〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉) Cain non recte dividenti congeruntur. There is little reason to doubt, but that the reference of that Canon in him, to that Council of Seville is false. The Council of that year and place is extant, whole in divers editions, as it was certified by eight Bishops which were at it; and in that no taste is of any such matter. The old Ms. copy of Ivo, of or very near his time, in the Library of Paul's, hath it ex Concilio Spanensi, the printed book being ex Concilio Hispalensi; what Spanensi is, I know not. if it were Spalensi, it were the same with Hispalensi, for which Spalensi is always in Isidores Counsels, as Spania is sometimes 
g Palladiu● hist. Lausiaca in M●lan● & in Concilio Sardi●ensi subscribit Osius ab Spania & Coltus ab Spa●ii●.  anciently for Hispania. what ever he meant by it, clearly the whole Canon is of much later time; the first words of it also being nothing but the syllables of one of Charlemains Laws 
h Ans●gisu● Capitular lib. 1● cap. 91 quod ipsum etiam habet Ivo part. 16. cap. 262.  that was not made till DCC.LXXX. years from Christ. that is, unicuique Ecclesiae mansus integer absque ullo seruitio attribuatur. where Mansus is for a Farm or dwelling place, in the same sense as at this day Manse is used in the Laws of Scotland. Some others like these occurring are mistaken. and you may observe that Gratian more warily abstained from using such Canons mistitled; among which also, from these. But the less falsehood is to be imputed to Ivo, in regard that Burchard before him had almost all his syllables; from whom he transcribed. yet that excuses not his negligence committed in not carefully examining his author; which often causes gross impostures, sometimes proceeding from malice, sometimes from ignorance, to be received as perfect truth; especially by those that cite, without more regard, Provincial Synods absolutely there mentioned for the first of that name, when indeed they are often of far later time. Slothful Readers are soon so deceived. But among the known and certain monuments of truth, till about the end of this CCCC. years, no Law Pontifical, or synodal (saning that of Mascon) determines, or commands any thing concerning Tents; although very many are which speaking purposely and larely of Church Revenues, Oblations, and such like, could not have been silent of them, if that quantity had been then established for a certain duty You may see 
i Synod. Agath. c. 4. & 7. & ●8. Synod. Rom. 4. sub Symmacho PP. c. 4. & 6. edict. Leones. & Anthemii C. de Sacros. Eccles. L. 14 jubemus, etc. c. 10. q. 2. c. 2. Novel. 120 & 131. Co●c. Paris. 1. cap. 1. Turonens. 2. cap. 26. Bracarens. 2. cap. 2. Leg. Wis●gothorum lib. 5. etc.  enough in those to which the margin refers you; all made in this part of our division; none using other words (to this purpose) then facultates, praedia, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, oblationes, vota fidelium, res Ecclesiae delegatae, or collatae, and the like, as the phrases are in the other first CCCC. years. some of which kind yet the Canonists and others, in Provincial Synods, have in the later ages, compiling their Decrees, made to serve as if they had expressly named Tithes. as you may see in that example remembered before out of Ivo, and Burchard; in that of the Council of Gangra in C. 16. q. 1. c. 57 in Canonibus; in that of the 29 Chapter of Gelasius his Decree in the Council of Tribur held DCCC.XC. cap. 13; in that of the first Ecumenical Council of Chalcedon cap. 17. in c. 14. of the same Synod of Tribur; and in that of the ninth Council of Toledo 
k Burchard lib. 3. cap 135. & Ivo part. 3. cap. 201.  in an old Council of Cologne. he that reads those old Canons only, as they are so applied, in late authority, to Tithes, might perhaps soon think that at first they were made specially and by name for them. The matter is plainly otherwise. what was ordained in them about Oblations, is out of them in later times (Tithes and Oblations being then supposed of equal right) expressly extended also to Tithes. the word Oblations, as you see in those times, being usual for Tithes also when they were given; and offer Decimas was the common phrase, for to give Tithes. About the end of these years in a Provincial Synod held at Friuli in D. CC.XCI. under Paulinus Patriarch of Aquilegia, the words are, De Decimis verò vel primitijs (saluis scilicet allegoricarum rerum mysticis Sacramentis) nihil meliùs puto dicere quam quod scriptum est in Malachia Propheta, dicente Domino; inferte omnem Decimam in horreum meum etc. and upon that place, the supposition of the duty being grounded, a Commination is added; Quis non timeat vel contremiscat illam maledictionem quam minatur nolentibus offer? The opinion of the Synod is here plainly seen. and it is rather a declaration by Doctrine, than a constitution by Precept.   

VI  
But however either this of Friuli, or that before cited of Mascon, had their Provincial authority, no Canon as yet was received in the Church generally, as a binding Law, for payment of any certain quantity; which not only appears in that we find none such now remaining, but also is confirmed by the testimony of a great and learned French Bishop (in whose Province also Mascon was) that could not be ignorant of the received Law of his time. He lived and wrote very near the end of this first four hundred years (I think, in the very beginning of the next.) And, in a Treatise about the dispensation of Church revenues, expressly denies, that before his time any Synod or general doctrine of the Church had determined or ordained any thing touching the quantity that should be given, either for maintenance or building of Churches. Because his words are special authority also against those counterfeit titles of Canons before spoken of, they shall have place here. jam verò (saith 
l Agobardu● Lugdunensis de dispensatione etc. contra sacrileg●s, pag. 276. edit. Massoniana, Parisijs.  he) de Donandis rebus & ordinandis Ecclesijs nihil unquam in Synodis constitutum est, nihil à sanctis patribus publicè praedicatum. Nulla enim compulit necessitas fervent ubique religiosa devotione & amore illustrandi Ecclesias ultrò aestuante etc. This Author is Agobard Bishop of Lions (very learned, and of great judgement) and had not so confidently denied what you see he doth, if any Decree, Canon, or Council generally received, had before his time commanded the payment or offering of any certain part. How the authority of that Council of Mascon stands with his meaning, I well conceive not. But clearly, he speaks truth, in regard of what was generally received. For neither in the Codex Ecclesiae universalis, or the Codex Ecclesiae Romanae, or Africanae, Fulgentius Ferrandus, Cresconius, or Isidores collection (all which, in those elder ages, were as parts of the body of the Canon Law) is once any mention of the name of Tenths. And indeed, that Council of Mascon, with all other Church-Laws in 
m Bonifac. Arch. Mogunt. epist. 132. Zacharia● PP. ibid. epist. 143. & Will●baldus in vita Bonifac. cap. 9 & 10.  France, lay a long while neglected before Agobards time, as in the age of our fathers that of Mascon likewise did. Yet withal, no doubt can be made, but that in most Churches in this time, amongst the offerings of those of the devouter sort, Tenths or greater parts of their annual increase were given, according to the doctrine of those Fathers before mentioned, and those other testimonies. Whereto you may add that complaint of Boniface 
n Epist. 105. ad Cutbertum Arch. Cantuariensem. 〈◊〉 item Epistola 〈◊〉 videses numb 107.  Archbishop of Mentz, about D.CCL. against the Clergy. Lac & lanas (says he) ovium Christi oblationibus quotidianis ac Decimis fidelium suscipiunt, & curam gregis Domini deponunt. And in an Exhortation 
o M●. in Biblioth. Cotton.  written near D.CCCC. years since: Ille bonus Christianus est qui ad Ecclesiam frequentiùs venit, & de fructibus suis non gustat nisi prius ex ipsis Domino aliquid offerat; qui Decimas annis singulis Pauperibus reddit; qui Sacerdotibus honorem etc. These also show a use of payment among the firmer and devouter Christians in those times. But they were then disposed of diversly; now you see to the Priests, now to Abbots, now to the Poor. and when they were offered to Baptismal or Episcopal Churches, they were received as indefinite Offerings, the quantity whereof was wholly arbitrary, in respect of any constitution or general Law in use. The quantity of the Offerings was arbitrary, but some kind of Offering was necessary. He that offered not at all, of his fruits, was compellable, it seems, by Excommunication (as in the 
p Ph●t. Nomocan. tit. 5. & C. de Episcopis & Cleric. l. 39  Eastern Church; where that compulsion also was taken from the Church's authority in the Patriarchat of Constantinople) but not as yet, he that offered a less quantity. And that it was a special bounty to offer the Tenth, you may see in the old Aethiopian 
q Biblioth. Patrum, tom. 4.  Mass, where a distinct prayer is for those, Qui obtulerunt munera sanctae unicae, quae est super omnes, Ecclesiae sacrificium scilicet 
r Fortè legendum primitiarum & Decimarum.  primarum Decimarum, gratiarum actionis signum & monimentum. And it seems the disposition of the Offerings were so in the Patron's power (by the practice of some places) that he might assign a 
s Concil. 2. Bracarens. cap. 6. & vide Toletanum 9 cap. 1  certainty of them to the Minister of his Church, and employ the rest at his pleasure (which agrees enough with the right challenged, in the succeeding ages, touching investiture and arbitrary Consecrations; whereof, more in the next CCCC. years) although in this age also some Canons 
t Council Aurelianens. 1. cap. 13.  of the Clergy subjecteth all new-built Churches to the Bishop's government; but were little obeyed. For mere Church-Laws, hitherto. Some secular Constitutions are, that about the year D. CC.LXXX. were made for the payment of Tithes, by Charles King of France, Italy, and Lombary, and afterward Emperor. But because they fall so near the end of this part of our Division, and are rather to be accounted amongst the Laws of his Empire (which began not till near XX. years after; that is, about D.CCC.) then only of his Kingdom, and were afterward received into the Imperial Capitularies, whence we have chiefest notice of them; they are purposely referred into the next CCCC. years, as the first Latitude, required in our Division, permits. Neither before them, did any general Law, that yet remains in public, and is of credit, ordain any payment of Tenths in the Western Church. For in the Eastern, never any Law, that I have observed, mentions them.    

Between about the year D.CCC. and near M.CC CAP. VI  
I. Payment of Tithes, how performed.  
II. arbitrary Consecrations of them alone (like Grants of Rents-charge) at the Lay-owners choice, to any Church or Monastery, were frequent; and sometimes Lay-men sold them to the Church. Redimere Decimas.  
III. Appropriations of them with Churches; wherein they passed as by themselves, from the Patron severally and directly in point of interest. The beginning of Parish Churches. Disposition of the Offerings received there. Lay-foundations of Parish Churches. The interest that Patrons claimed. Right of Aduowson. The ceremony of putting a Cloth or rob upon the Patron, at the consecration of the Church. The use of investitures, by which (as by livery of Seisin) Lay Patrons gave their Churches. Commendatio Ecclesiae. Benefice. None anciently received the character of Orders, but when also the ordination was for the title of some Church. Thence came the later use of Episcopal Institution. Whence some Patrons came to have most part of the Tithes. Canonica portio. The Clergy and Counsels against investitures. Their continuance till towards M.CC when Institution (as it is at this day) upon presentation grew common How Appropriations were in those times made. The ancient Episcopal right to Tithes, especially in Germany, and the Northern parts. How Monks justified their possession of Tithes and Parish-Churches. The right of Tithes generally denied in Turingia, to the Archbishop of Mentz.  
IV. Of Infeodations of Tithes into Lay-hands, both from the Clergy and laity; and of their Original.  
V. Of Exemptions granted by the Pope. Templars and Hospitalars accounted no part of the Clergy.  
VI The general opinion was, that they are due iure divino. but this, indifferently thought on, seems to have denoted rather Ecclesiastic or Positive Law (by the doctrine and practice of the Clergy) then Divine Moral Law.  
VII. Laws Imperial, and Canons synodal and Pontificial, for the payment of Tenths. The gross error of some that mistake Nona and Decima in the Capitularies. The first General Council that mentions Tithes.  
THe practice found in the time twixt about D.CCC. and M.CC from Christ, consists in some ordinary payments of Tithes, as in the former ages; in more frequent Consecrations of a perpetual right of them alone to any Church, or Monastery, at the owner's choice; in Appropriations of them with the churches in which they were by custom or consecration established; in Infeodations of them into Lay-hands; and in Exemptions for discharge of payment. By the more general Opinion of the Church, they are expressed to be due jure divino; but that is warily to be interpreted out of the general practice clearly allowed by the Clergy. From the beginning of this time Canons are very frequent for the right of them. But the first Law that may at all be styled general for it, was ordained by Charles the Great, and received, but little practised, through the Empire. Of all these in their order.  

I.  
Not only from devotion, but through Ecclesiastic censure also, aided with secular power, about the very beginning of this CCCC. years, many Churches in the Western Empire, had the Tenth paid as a duty. This may be collected out of an Epistle written by Alchwin to Charles the Great, touching the exaction of Tithes (which he calls jugum Decimarum and plena per singulas domus exactio) of the Huns and Saxons; who being then lately, by Charles, conquered, had newly received the Christian faith, Alchwin there advises, that it were better for the Christian cause, to omit it amongst them, till they were grown firmer, and speaks of it as a thing of known use among other settled Christians. His words are: Vestra sanctissima pietas sapienti consilio praevideat, si melius sit rudibus populis in principio fidei jugum imponere Decimarum, ut plena fiat per singulas domus exactio illarum. an Apostoli quoque ab ipso Deo Christo edocti & ad predicandum mundo missi, exactiones Decimarum exegissent, vel alicui demandassent dari, considerandum est. Scimus quia Decimatio substantiae nostrae valde bona est. Sed melius est illam amittere quam fidem perdere. Nos vero in fide Catholica nati, nutriti, & edocti, vix consentimus substantiam nostram plenitèr Decimari? Quanto magis tenera fides, & infantilis animus, & avara mens illarum largitati non consentit? This Epistle was written about DCC.XCVII. as the historical part of it persuades. and the general Laws, by which that exaction might have been made, are among those which about DCC.LXXX. the tame Charles had ordained in an assembly of Estates, of which more in the last Paragraph of this Chapter. But the execution of those Laws soon afterward (as anon shall be declared) failing; this practice of payment also became to be of rare use. and although divers Synods soon followed which commanded a Tenth, as what was due of itself to the Church (whence also in some places a Parochial payment doubtless continued, and by prescription and custom established a civil right in some Churches) yet 
* Aliter Ecclesiastici. quod vid● prox. §.  the laity (not much subjecting themselves to any Church-Laws of the time, that touched their possessions) frequently exercised their arbitrary dispositions, especially of such of them as were not already consecrated, or by custom, or prescription settled, and therein pretended them due only but as their own choice, either by Consecration to any Church or Monastery whatsoever, or by Infeodation into Lay-hands, should determine. And those also which were established by former Consecration, Custom, or Prescription, were very often arbitrarily disposed of also by Lay-Patrons in their Appropriations.   

II.  
For arbitrary Consecrations; the 
a Concil. M●g. 16. q. 1. c. 42. Metens. circae ann. 890. cap. 2. M●g▪ circa a d▪ 846 Benedictus L●uita lib. 5. c. 46.  Laws ordained in the first of these CCCC. years, that speak of Decimationum prouentu● priori Ecclesiae legitime assignatus, and locus ubi decimae fuerant antiquitus consecratae, and Decimae quae singulis dantur Ecclesijs, and such more point at the use of them. And although, out of any continuance alone of voluntary payment, a kind of Parochial right (which also by the Laws 
b Leo 4. in c. 16. q. 1 de Monachis c. 45 etc. 56. & saepe in Capitularibus.  of the time every Rector should have enjoyed in the Territory where he dispensed the Sacraments) were created, yet Consecrations of Tithes (not yet established by a civil title) made to the Church of another Parish at the Lay-owners choice, were practised and continued in force; as may plainly be collected out of an old Law about the beginning of these years made (but not put in execution) for punishment of such consecrations by compulsion of the party to restore to the Church the quantity of the Tithe so aliened. Quicunque (are the 
c Leg. Lo●gobard. lib. 3. tit. 3. cap▪ 7. Hlothari● Imp & in Addit. q. add Capitular. cap 73.  words of it) Decimam abstrahit de Ecclesia ad quam per justitiam dari debet, & eam presumptiose, vel propter munera aut amicitiam vel aliam quamlibet occasionem, ad aliam Ecclesiam dederit, à Comite vel a misso nostro distringatur, vel eiusdem Decimae quantitatem cum sua lege restituat. So another was made against parsons, under pain of deprivation, that they 
d Benedict Leuitae, lib. 7. c. 141.  should not persuade Parishioners to come to their Churches, & suas decimas sibi dare. With it agrees the complaint made about the same time in the Council of 
e Synod. T●cin●ns· c 16 q. 1. ●. in sacred Canonibus 56.  Pavia, against such as used to give away their Tithes aliis Ecclesijs pro libitu. And many express examples are of such grants made, not otherwise then as of Rents charge arbitrarily created. some shall be here added. But, because since the last chapter printed, the Chartulary of the Church of Vtrecht among many other select monuments to the purpose of this discourse (through the favour of that right worthy and learned Sr Robert Cotton, my most honoured friend) came to my hands, wherein an observable consecration of tithes in the former CCCC. years, is preserved; it shall here (not much out of its place) be first remembered. There, in confirmations to that Bishoprique made by Pipin, Charles the great, and other of the succeeding Emperors, is expressed that some near ancestors of that Charles (as the elder Pippin, Charles Martell, Carloman) had given great endowments to it, and among them, 
f Videses, ante alia, diplomae ibid. dat▪ 2. I●do●i●i 1. Imperatoris. in quo, quae superiores concesserant, recensentur.  Omnem Decimam de Mancipijs, terris, & telonijs, vel de negotio, vel de omni re; undecunque ad partem regiam fis●us teloneum exigere aut accipere videbatur. it seems it must be restrained to what the grantors possessed in the Territory about Vtrecht, although no such thing appears in the divers Charters there remaining of it. For the following times; in the same chartulary, is a commemoration of the possessions of the bishopric, wherein divers particular Tenths possessed by special grant are reckoned; as Tenths of wreck, of treasure trove, of fishing. and a relation is of promise made to the Bishop by one Gutha to endow a Church, which he gave to Vtrecht, with the Tithes of divers Manors. In Bevorhem (the words are) tradidit Gutha Ecclesiam necdum consecratam in ius & dominium Sancti Martini (to that Saint was the church of Vtrecht consecrated) ea videlicet ratione, ut, post consecrationem eiusdem Ecclesiae, Decimae darentur ad supranominatam Ecclesiam de villis hijs nominibus vocitatis; Bevorhem, Gisleshem, Hegginghem, Schupildhem. And in the year DCCC.LII. Raginer Duke of Lorraine, for the health of his own soul, and the souls of his wife, children, and parents, gives to the Abbey of Vito in Verdun, a whole Town called Longuion with the appurtenances, and all the Tithes of the Land that he had within the bounds and precinct of the same Town. Villam nostram (as the Charter 
g Diplomat. ●7. & 35 in Stemmat. ●otharingiae apud Francisc. de Rosicres  speaks) quae dicitur Longuion cum omnibus appendicijs suis ac Decimis quas in Banno dictae villae habebamus. and one of his successors Rigimir, by Charter dated DCCCC. XLVI. for like consideration gave to another Monastery, seated upon Moselle, all the Tithes within the liberty of the Town where it stood, in these words; Imperpetuum omnes Decimas quas habeo in Banno praefati oppidi tam in blado, quam in vino, ac aliis rebus. where Bannus or Bannum is used for the continent within the utmost precinct of the Town; in which sense Banleuca, as also leuga circumiacens, occurs in the monuments of this Kingdom, as 
h In placi●. de jurat. & assis. apud Cicestr. 47. Hen. 3. R●t. 44.  Banleuca de Arundel, for all comprehended within the limits or land adjoining, and so belonging to the Castle or Town, which are both as one to this purpose. So the Monks of Clugny in Burgundy, founded by William Count of Auvergne in the year DCCCCX. had Tithes of divers possessions given them; which the phrase of the time styled 
i Biblioth. Cl●●iacens. pag. 265.  Decimas indominicatas, in a Charter to them made by Lewes the fourth of France, in the year DCCCC. XXXIX. and those Tithes were often confirmed to them by Pontificial authority: as by 
k A. D. 948.  Agapetus the second, 
l A. D. 1144.  Lucius the second, and afterward by urban 
m Biblioth. Cluniac. pag. 1447.  the third, in the year M.C.LXXXV. in whose Bull, a recital and confirmation also is of an instrument of Adhemar Bishop of Xantoigne made to this Monastery, that hath these words in it. Damus & concedimus vobis Decimas quas à Laicis acquisistis vel acquirere poteritis, with a command that Laymen in the precinct of their Abbey, should not convey their Tithes to any other Churches. And when the Abbey of Vendosme was founded about the year M.L. by Godfrey Martell Earl of Anjou, the Tithes 
n Ex Tabular Monasterij a●ud jaecob. irmondum in G. Vindoc●●ens. pag. 66.  of the Salt-pits in some part of Poictou, were consecrated to it. the like had the same Monastery in some Salt-pits possessed by the Bishop of Xantoigne, which although it had enjoyed for threescore years, yet the Bishop began to deny any more payment, and for his own gain, would have maintained this opinion, That no church-lands were to pay Tithes to any Church. But Godfrey Abbot of Vendosme about the year M.C.XX sharply corrects him in an Epistle▪ and shows that the opinion of all France and Italy, then was, that although lands charged to any Church with the payment of Tithes, were possessed by another Church or Monastery, yet the Tithes were still payable Parochially from the one Church to the other. That Abbot's words are observable, because also they show a general practice of payment Parochially by Churches to Churches. Nobis dictum est (saith 
o Goffrid. Vindoci●ens lib. 3. Ep●st. 41.  he) quia dicitis, quòd Ecclesia non debet Decimam dare. Hoc verum est, ubi Ecclesia nihil habet in Paroecia alterius Ecclesiae, ubi verò Ecclesia, in alterius Ecclesiae Paroecia, possessionem aliquam habet, vel quippiam quòd Decimari debeat, ibi Ecclesia Ecclesiae 
p Ita etiam Petrus Cluniac. lib. 1. Epist. 33. & 36.  Decimam reddere debet, si illud justè possidere desiderat. Hoc tenet Italia, hoc tenet Gall●a; Ibi enim novimus Ecclesias Ecclesijs Decimas reddere, & maiores minoribus, & minores maioribus, ubi altera earum possessionem obtinet in iure alterius. hoc facimus Ecclesijs, hoc Ecclesiae fecerunt nobis. and according to this had he a Decree for the Monastery from Pope Calixtus the second. This, by the way here, for payment among the Clergy. But for more arbitrary consecrations by Lay men; in the year M.C.XXIV. Ansellus de Garlanda, in his foundation of the Abbey of Saint Mary of Gornay in France, among other possessions gives it 
q In Diplomat. Ludovici Crass● apud Andream Quercetan n Noti● ad Petrum Abelardum, pag. 1174.  Decimam de Berchorellis, and Duas partes Decimae de Ber●herijs, and totam Decimam de Ponteuz, and apud Terciacum medietatem Decimae. Many like examples might be added, but one more only shall suffice, in which the frequency of the practice may be easily guest at. that is found in a Bull, of confirmation, made by Pope Innocent the III. of the possessions of the Abbey of the Holy Cross, and S. Leufrid, in the Diocese of Rouen; among which 
r Innocent. 3. Epist. Decretal. lib. 2. pag. 435. edit. Coloniensi.  divers appropriated Churches are with their Tithes (and so expressed: Ecclesia N. cum decimis) but beside them also many Tithes severally granted by divers Barons and Gentlemen to the Abbey, out of such or such lands, without any Churches, are confirmed, as Decimam de feudo Hugonis de Sensei apud Neufuillam. Decimam Willielmi de Maudit apud Luderuillam de feudo Willielmi Pelet apud Amercort. Decimam de feudo Matthaei de Gamichijs apud Manevillam. Duas partes Decimarum de feudo Pagani de S. Luciano, & de feudo Orselli, & de feudo Flooldi, and Decimam de Hendicruilla, & de Sessevilla in feudo Autulij. Decimam de Boelio in feudo Roberti filii Williellmi. Decimam de Mesuilla in feudo Hugonis de Lace. & Decimam de Buison in feudo Hugonis Bigot etc. If one Abbey had so many arbitrary Consecrations, who can doubt of the most common use of them? But if you desire more examples, look in the places 
s Vide, si placet, Chartam Galfr●d● Viceconitis Monasterio S. Dionisij datam apud Andr. Qu●r●etan. in notis ad Bibl. Cluniac. pag. 14. Chartam W. Comitis Nivern. apud eundem pag. 174. Adelardi Cast●igunterij Dom. apud la●. Sirmondum in notis ad Goffr. Vindoc. pag. 95. Gottefredi Bullo●●i. apud Aubert. Miraum in lib. de Canonicis Collegijs c 91 Innoc. 3. Epist. Decret. l. lib. 1. pag▪ 160.  noted in the margin, but especially where anon we have the practice of our own 
t Cap. 11.  Nation by itself declared. Out of them all (being but few in regard of what questionless might be had in the Records of churches, and Monasteries, yet remaining in other States) you may find a use of that arbitrary disposition till about the year M.CC when the distribution of Tenths also to the Poor according to the owners free will (which I take to be consecrations, or grants to Monasteries; for the Monks were usually called Pauperes, and were so indeed by their vow) was expressly complained against, as a great fault of the time by Pope Innocent the III. For he then preaching of 
u In serm. ●. de Dedication● Templi pag. 83. Tom. 1. nec vigo●em eiusmodi donationes obt●nere san●●uit ille, extr. tit. de De● c 7 cum. Apostolica.  Zache's charity, that consisted aswell in making restitution of what was due to others, as inerogation of alms to the poor, obserus that he gave of his own, and paid what was other men's. Dedit proprium & reddidit alienum. Graviter ergo peccant (says he) qui Decimas & primitias non reddunt Sacerdotibus, sed eas pro voluntate sua distribuunt indigentibus. But as great a fault as it was, it was a common one; and being committed by the laity was usually allowed in fact by the Pope and the Ordinaries; whatever they thought of it in right. And of such authority was this use, that an opinion was bred from it among very great men of the Clergy, that, as arbitrary Consecration was a cause of the right of Tithes in a Church whereto they were conveyed, so continual payment of many years (which being by divers, of the more devout, faithfully performed, those Clergy men took as equivalent to a personal consecration of the Tenths of their increase, wherever it were received) had so settled the perpetual right of the Tithes of any Family, that whither soever it transplanted itself, it must still send its Tenths to the place where before it paid them; as if this continual payment had forever so bound it, that it might not pay them otherwise. This was the opinion of divers Bishops in the Patriarchat of Grado, as you may see by the same Pope Innocent his 
x Decr●ral. Epist. lib. 1 pag. 83.  reprehension of them, and 
y Extr. de Paroch. cap. 5 si●nificauit.  of others elsewhere also. Neither were these grants always free consecrations, but oft times were made for valuable consideration given by the Church, which is expressed in the phrase 
z B●nedict. Leui●a Capitular. lib. 5. cap▪ 46. Conc. Megunt. c. 16 q. 7. c. 7. Leg●s Longobard. lib. 3. tit. 3 cap. 8.  Redimere Decimas, used in the synodal and Imperial Laws, of this time, made De Decimis quas porulus dare non vult nisi quolibet modo, or munere ab eo redim●at●r. For, howsoever Hincmar Bishop of Rheims, in reprehending 
a Apud Fl●d●ard●m in hist. Ecclesia Rhemensis, lib. 3. cap▪ 25.  the Monks of S. Denis, because they were about to take money of a Parson for a right of Tithe, advised them with absit ut Laici audiant, quod nemo etiam peccatis publicis implicatus in mea Parochia facere audet. as if it had been almost unheard of in that age (he lived about DCCC.LX.) that any man had ever took money for a grant of his Tithes▪ yet plainly the authority of those Laws show, it was no such rarity. nor was it out of practice about the end of this CCCC. years, as may be collected out of a question disputed in 
b Summa part. 3. qu●st. 51. memb. 6. art. 4.  Alexander Hales touching Tithes held by Lay men, In territorio alterius Ecclesiae quae non potesteas redimere. although perhaps his meaning was only of feudal Tithes. But neither did the laity thus only 
c Vide etiam quae in proxima sectione de Danis. Turingis, aliis item adferuntur.  dispose Tithes not already consecrated, but in some kind also (by Appropriations) such as were before established to Parochial Churches.   

III.  
In declaration of the course of Appropriations, it is first necessary, to know so much of the nature of Parish Churches in those times, as without which the Appropriations then used cannot be understood. Briefly therefore, for Parish Churches; it is plain that as Metropolitique Sees, Patriarchates (Exarchates also in the Eastern Church) and Bishopriques: those greater dignities, were most usually at first ordained and limited 
d Videses Anacl●●. & Steph. PP. in Epist. Decre●. Hin●mar. Rh●mens. in Opusc. 55. ca 15 & Consulas inprimis josephum Scaelig●rum in Not●tia Gallia, & in Epistolu pag. 247. editione Francosurtana. & Ph. Berterij, Diatribas in Pithanon.  according to the distinction of seats of government, and inferior Cities, than had been assigned to the Substitutes or Vicarij of the Prefecti-praetorio or Viceroys of the East and West Empire, so were Parishes appointed and divided to several Ministers within the Ecclesiastic rule of those dignities, according to the conveniences of Country Towns and Villages; one or more or less (of such as being but 
e Concil. Sardic. cap. 6.  small Territories might not by the Canons, be Bishopriques) to a Parish; the word Paroecia or Parish at first denoting a whole Bishoprique (which is but as a great Parish) and signifying no otherwise then Diocese, but afterward being confined to what our common language restrains it. The Curates of those Parishes were such as the Bishop appointed under him to have care of souls in them, and those are they which the old Greek 
f Neocasar. cap. 58. & vide Anti●chen. cap. 87. & 89.  Counsels call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, Prebyteri 
a Leg. Aleman. cap. 13.  Parochiani, within the Bishoprique. neither were the Chorepiscopi much different from them. These had their Parishes assigned them, and in the Churches where they kept their Cure, the offerings of devout Christians were received, and disposed of in maintenance of the Clergy and relief of distressed Christians, by 
b Vide Concil. Gangr. Can. 67 & Chalced. Can. 204.  the Oeconomi, Deacons, or other Officers thereto appointed under the Bishop. Neither had those Parochial Priests at first such a particular interest in the profits received in Oblations as of later time. All that was received wheresoever in the bishopric, was as a common Treasury to be so 
c Vide Concil. Antioch. c. 103. & 104. & Vrban. c. 12 q. 2. c. 26.  dispensed. One part was allowed to the maintenance of the ministery (out of which every Parochial Minister had his salary, according to the monthly pay spoken of in the first CCCC. years) another to the relief of the poor, sick and strangers, a third to the reparation of Churches, and a fourth to the Bishop. so it appears by the ancient 
d Synod. Rom. sub PP. cap. 5. & Gelasis Decret. cap 27. atque hic divisionis modus in usu erat vetustioribus istiusce aevi Christianis; quod innuit Wala●ridus Strabo (qui floruit a.d. 840. lib de r●b. Ecclesiast. cap. 17. vide Grat. c. 12 q. 2. c. 26 & seqq.  Canons, if we may at least herein, conjecture of the use of the time, by what they have ordained. And it is like enough to have been no otherwise, so long as these Parochial functions were so personal that they were not as now, so annexed to foundations and endowments, but rather exercised as by messengers, sent from the Bishops, who had no such reference to Lay-Patrons, as they that afterward came in upon investiture or Presentment have had, but only were protected by some appointed by the State for 
e Vide, si placet, Theodor. Balsamon. in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pag. 454. post Con. Carth. Can. 7. Iusti●ian. Novel. 15. & Capitular. Karol. & judonic. lib. 5. cap. 31. & lib. 7. cap. 508.  〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, or Defensores of the Church, as they called them. the name of Defensores being in the primitive time, for this and other purposes, given to such Protectors, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, in regard of their assistance and help to such as suffered injury, as justinian's words are. And in the first ordination of this Hierarchy of Bishops and Parochial Priests, it seems, in some Lands wherewith the Bishoprique was endowed, the Churches were erected, in which the Bishop had a kind of right of advowson; who, taking on him the general care of his Diocese, ordained Incumbents in every of them. and the oblations there received were of the Churches common treasure, and so to be divided and disposed of quadripartitly. But that quadripartit division was chiefly in the Diocese of Rome. For by some 
f Concil. Aurel. 1. cap. 13. Toletan. 9 cap 6 Bratar. 2 ca ●. & vide Anse is Capitular lib. 1. c. 87. & Addit ad Capitu●ar 4▪ cap. 37 etc. 9 q. 3. c. 2. & seqq.  Canons of the French, Spanish, and some other Churches, it was tripartit, and had other differences. But, all this in the primitive times. and from the first establishing of Christianity by a disposition of the Hierarchy, till about D. years from Christ, it seems, it continued. and such kind of Parishes only were those spoken of in that Epistle of Pope 
g In Epist. Decretal. & in c. 13 q. 1. c. Ecclesia●.  Denis the I. about CCLX. if at least that Epistle be not a fiction. if it be, than our Canonists do ill to use it at all. if not, then plainly they abuse it, where they pretend in it an original of such kind of Parishes as since for the most part have had their beginning from lay-foundations. But not long after such time as lay men began to build and endow Parish-Oratories or Churches in their Lordships, and in them place or invest Chaplains (ordained, that is, made Priests by the Bishop, but not instituted by Presentation as at this day) that might receive the offerings of such as repaired thither for holy service; that former kind, of making a common treasury in every Diocese, was discontinued, and the Chaplain or Incumbent, acknowledging the Lord, of his Church's Territory, for Patron, (not much otherwise then, as in the ancienter course, every Parochial Priest did the Bishop that collated to him) received now the profits that rose out of Christian devotion, to a particular use of his own Church; the Canons nevertheless saving the fourth part to the Bishop. For, that Episcopal right grew afterward to be so established by the received 
h Extr. de Offic. iud. cap 16. conquer●ute, & the prescript. c. 4. de quarta  Canon Law, that till this day, where prescription of XL. years excludes not, the fourth part of all Oblations and Tithes are, by it, due to the Bishop. and some 
i Panormit ad tit. de Decim. c. 1. ●. 3.  Canonists make it as a duty succeeding in am or proportion to the Tenth of the Tenth that was paid by the levites to their Priests. But however the Canons were (in which also it had been often constituted, that every Church 
k Dist. 96. etc. 16 q. 7. passim.  and the profits thereof should be subject to the Bishop's disposition, as to the only immediate superior; and in some 
l Dist. cap. 26. pia m●●tis.  that the founder should be utterly excluded from all interest) yet divers lay-Patrons in those elder times had, or at least challenged, in the Oblations received from Christian devotion in their Churches, an interest somewhat like to what more anciently the Bishop had in the offerings made at the Churches wherein he only placed the Ministers. Whence the erecting of Churches became, amongst some, to be rather gainful then devout. for the Patron would arbitrarily divide to the Incumbent, and take the rest to his own use. This is manifested in the II. Council of Bracara, held about D.LXX where a Canon forbids the consecration of Churches built not pro sanctorum patrocinio, but sub tributaria conditione, as the use was of some places; that is, to the end that the lay-founder might have half or other part of the Oblations. Si quis, are the words, Basilicam non pro devotione fidei sed pro quaestu cupiditatis aedificat, ut quicquid ibi de oblatione populi colligitur, medium cum Clericis dividat, eo quod Basilicam in terra sua quaestus causa condiderit, quod in aliquibus locis usque modo dicitur fieri, Hoc ergo de caetero, etc. And such a practice is titled a custom of the ancient times in an Epistle 
m 1. C. 10. q. 1. c. 15  attributed to to Pope Damasus. And in the IX. Council of Toledo about the year DC.LX Lay-Patrons are forbidden to use juris proprij potestatem in Church goods or lands, as if great pretence in those times had been of their right in disposition of them. and, in the Imperial Capitularies of about the year DCCC. divers times provision is made against such lay men as thought it had been their right only to dispose of the endowments and offerings of such Churches as they were Patrons of, and that the Bishop should be wholly excluded. But it fell at length that, without much difficulty, the Church, what through Constitutions, what through Constitutions, what by their Doctrine, had remedy for this usurpation upon the Offerings solemnly consecrated to the Priests at the Altar. And in the following times it had been abstained from as the plainest part of sacrilege. Yet nevertheless, another interest, that is, the interest of Patronage, and a right of disposition of the Temporal endowments, which the Lay founders first challenged in their new erected Churches, which was a right of Collation or investiture, whereby the Incumbent might receive full possession without aid of Bishop or other Churchman, could not so easily be gotten from them, although some 
n Capitular. Kar●li & Ludovici lib. 7. c. 213.  Imperials were provided against it. For although no lay man could, of himself, make any building to be a Church, without the Bishop's consecration of it (as even among the Gentiles, it was carefully foreseen, that in all new Temples 
o Cicero in Orat. pre domo sua.  one of the Priests solemnly holding a Pillar of it in his hand, should make the dedication) yet it being consecrated and endowed, the lay Patron, in these ancient times, took upon him not only the Aduocationem, or advowson (that is, the defence or patrociny of the Incumbents title; as officium advocationis is used in the 
d Ulpian. ff de rei vindicatione L. 540.  Imperials) but also the Collation by investiture without presentation at every vacancy. And the right of advowson (whereto the other of investiture in those times was annexed) in some places the Bishop confirmed to him by putting a rob or such like on him at the dedication. as the example 
q Anonym. in vita S. Vdal●ici cap. 7.  is of Vlrique Bishop of Auspourg, in one of his dedications, about DCCCC. L. where Consecratione peracta as the Author says) dotèque contradita comprobato illic presbytero, altaris procurationem commendavit, & Ecclesiae Aduocationem firmit●r legitimo haeredi, Pamno imposito, commendavit. From this right of Collation and investiture reserved by Lay-Patrons, the practcie came to be that Parish-Churches and all the temporalties annexed to them, as the glebe and tithes (and what else in succeeding times became to be endowments) were at every vacancy, conferred by the Patrons to their new Incumbents, by some ceremony, not differing from our livery of Seisin (which is nothing but investiture; for investiture 
r Ivo Carnotens. Epist. 41. & passim 〈◊〉.  is only the immediate giving of seisin or possession) with these words, 
s Petru● Dam●an. lib. 1 Epist. 13. ad A●exandr. 2.  Accipe Ecclesiam, or the like. Neither upon presentation did the Bishop institute, as of later time the use had been. and whereas, at this day, nothing passes out of the Patron, or vests in the Incumbent, in point of interest (the presentation being only as a nomination, and the interest and possession being immediately had from the acts of the Bishop and Archdeacon) it was far otherwise in these elder times. For the Incumbent as really, as fully, and as immediately received the body of his Church, his glebe & what tithes were joined with it, in point of interest from the Patron's hand, as a lessee for life receives his Lands by the Lessors livery. whence by the phrase of the time that kind of giving a Church was styled 
t Benedict. Le●●t. lib. 5. cap. 83. & Addit. 4 c. 37. & Synod. Rom. c. 16. ●. 7. c. 33. Monast●rium.  Commendat●o Ecclesiae, that is, the Lay Patrons committing or livery of the Church and the endowments to the Incumbent to take care of and dispose as a usufructuary of what the Patron was Proprietary, or as a Tenant of that whereof he was in the reversion. and in such sense is Commendo used, joined often with trado, in Tully as, Commendo, ac trado. and hence came the Commenda, wherein not the Title, but possession, profits, and custody of the Church is committed. and the difference is obvious between Ecclesia titulata & commendata commendata having chief reference to the possessions. And hence was the name of Benefice, for a Church and endowments so given. For as such lands or annuities, as in the Empire, were given for perpetual salaries to military persons, had the name of Beneficia, so, what was thus conferred upon spiritual soldiers in the Church, had afterward the like title. But, at this Commendation of the temporalties so made only by the Patron, the Bishop indeed had the usual consecration of the Incumbent, but nothing at all to do with the disposition of the church or endowments. For, the Law then being that Orders could not be given 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, 
u Concil. Chalc●d. ● Can. 114 & dist. 70. vide si place●▪ extr. de prebend. cap 16▪ cum secundum.  sine titulo, or absolutely, but only when a Title of a Church, or some special Ministry was at the same time assigned to the ordained Clerk; all orders otherwise given being void, so that at every new investiture a lay Patron could not have (as at this day) a Clerk always ready made for his Church; it was a necessity that for every new investiture (unless a resignation of some other Church had preceded) the Bishop's Ordination or Consecration was to be used, which afterward grew to be what now is Institution. And although the character of Orders were general, in so much that, as now also, he that received them was a universal Priest, yet, in every Ordination, special expression was made of the Title of the Church (that is, the Saint, Angel, or Martyr, to whose memory the Church was dedicated; in words 
x Ordo Romanus de Divinis Off●c●is.  to this purpose: Eligimus in Ordinem Presbyterij etc. ad titulum S. Mariae, ad Ecclesiam quae est in pago illo etc.) to denote that the end of it was that the Ordained should there exercise his spiritual function, and not leave it during life. for which a Law was made also that such as were to be consecrated or ordained by the Bishop, should before they were ordained by the Patron in the Church (for the investiture or Commendation was also an Ordination; and by the name of 
y Videses Duaerinum de sacris Eccl. Ministerii● lib. 1. cap. 16.  Ordinatus also, was he denoted that was so invested should either by oath or caution secure their continuance upon that Church only. so you must 
z Leuita lib. 5. cap. 108.  understand that in the Capitularies, Vt Presbyteri qui in Titulis consecrantur, secundum Canon's, antequam Ordinentur promissionem, stalitatis loci illius faciant; the use then, it seems, being, that Clerks ordained would at their pleasure resign into the Patron's hand (for it is probable, that resignation 
a Vide ●undem, lib. 6. cap. 197. & lib. 7. cap. 173.  in those times, into the Patron's hand, without assent of the Bishop, like surrender of particular tenants to them in the reversion, was in practice, and devested the title of the Church; although at this day, by the Canon Law, it be grown clearly otherwise) and being then capable, without new ordination of the Bishop, of any Spiritual Function, would take investiture of other Churches without consent or knowledge of the Bishop; against which also, some Laws 
b Vide ●undem, lib. 5. cap. 26.43. & 82.  were made in the beginning of this CCCC. years, but, with the rest, little obeyed. From this use of Commendation, or investiture, it came also, that if an Aduowson had descended in coparcenerie, the Church had as many encumbents as the parceners had parts. Singulae parts 
c Addita ad Capitul. cap. 25. & Concil. Lateran. sub. Alex. 3. Can. 17. & vide▪ Append. addict. Concil. part. 15. cap. 7.  singulos habebant Presbyteros: Every of them giving an interest in a part, according as they might have done of any other inheritance descended unto them. Nor (as it seems) from other original than this challenged and practised interest, came those droicts honorifiques des Signior es Esglises (whereof you may see the Treatise lately written by Mathias Marshal) and the custom yet remaining in divers places, especially in France, whereby the Incumbent 
d Vide extr. tit. de Prabend. c. 30. ex●irpand●. & the iur● patron. c. 23. pr●ter●a. & lib. 6. tit. de Pr●bi●di●, cap. 1▪ suscepti & le Code des Decis. Fortens. Decis. 15. lib, 1. tit. 10.  hath not for himself above a small part of the Tithes, at the arbitrary disposition of some spiritual Patron, who takes the rest (according to this anciently practised interest of Patrons) to his own use. What is so allowed to the Incumbent, is styled his Canonica portio; which was, I think, 
e Chro●i●. Richersperg. pag. 176. & 204.  reserved to him in some Grants of the Archbishops of Saltzburg as Patrons, of their Tithes, to the Abbey of Richersperg in the year M.C.XLIV. Neither let any man out of this, or from other authority in 
f Vide Synod. v●●ust. sub joann. 9 An. D. 904. ut omnis decimatio etc. & Synod. Augusta●am, an. 952. etc.  Canons, gather, that all Tithes were arbitrarily disposed of by the Bishop in these middle times; which yet is falsely affirmed by some that rashly think, what ever a Canon mentions (because some of the Clergy would have had it so) was a practice of the time. but the contrary plainly and frequently appears. only as in the primitive times, when Parishes were not distinguished by limitation of Ecclesiastic profits, but only by the Minister's Function, the Bishop alone challenged, and frequently had, all Offerings, or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as appears in those old Canons before mentioned, and especially in those of the Council 
g Vide Concil. Gangr. cap. 7. & 8. & ad ea Z●nara●.  of Gangra, made against the Eustathians; so also after payment of Tithes grew into more use in these middle times, he pretended by the Canons (as in the examples which we anon have of the Turingians, and those of Holtz) a right to Tithes through the whole Diocese, as his parish, where no Parochial right was settled in several Rectors of Parishes. But clearly, in such as were once, according to secular Law, made proper to this or that Church, he had not, even by the Canon Law that was in use, more than his fourth, or other part, varied by several customs; and by customs or 
h ●xtr. de Pr●script. ●. 4. de quarta.  prescription he lost it. Neither was this practice of investitures, only in bestowing of Parish Churches. In Monasteries and Bishopriques the like was. but the increasing power of the Clergy took it away wholly in the less Churches (saving that in collations of free Chapels, prebend's, or other Benefices, without parochial Cure, according to the Droict de Regale of the Kings of 
i Vide 19 Ed. 3. tit. Quare impedit, 60.  England and 
k Vide I. F●rhault de priuil●g. Regni Fran●●a, prin. 8. & Rebuff. praz. B●n●fici●rum, cap. ●● Reseruationibu●, & Seru●● en ●. Vol. des playdoiez en l'arrest touchant lafoy Chappelle S. Nicholas en l'Esglise S. Brice de Colchi, Diocese de Noyon, p. 209. & Vol. 1. p●g. 298. & Petr. Gregor. in Synteg●●. juris v●i●ersi, lib. 17. c. 7. & 8. & Pasquier. Remarch liu▪ 3. c. 31. & 32.  France especially, in some kind it hath remained) and much altered it in Bishopriques and Monasteries. It was in substance forbidden in the eighth General 
l Actio 10 Ca●▪ 22. A D. 871.  Council of Constantinople; then by Decree in the Council of Rome under Gregory the seventh, about M.LXXVIII. in words, which as well show how the use of investitures at that time remained in many places (for some few years before, it appears, they were very common among the laity, and scarce taxed by the Clergy) as also what opinion the Church had of them: Quoniam Inuestituras Ecclesiarum contra Statuta sanctorum Patrum (that is, against the many Canons made against Lay men's disposition of Church-revenues) à Laicis personis in multis partibus cognovimus fieri, & ex eo plurimas perturbationes in Ecclesia imo ruinam sanctae religionis oriri, ex quibus Christiana religio conculcatur; Decernimus ut nullus Clericorum Inuestituram Episcopatus, vel Abbatiae, vel Ecclesiae de manu Imperatoris vel Regis vel alicuius Laicae personae, viri vel feminae, suscipiat. And in the general 
m Extat in Roma●ae e●li●●oni●▪ tom. 4. 〈◊〉 & Ilud sub Jnno●●n● 2. celeb●atum▪ & in Vaticana s●ruantur Mss. iam veró etiam in nupera B●●ti editione reperiuntur.  Council of Lateran, held in M.C.XIX under Calixtus the second, chiefly against investitures, one Canon is; In parochialibus Ecclesijs Presbyteri per Episcopos constituantur, qui eis respondeant de animarum cura, & de iis quae ad Episcopum pertinent. Decimas & Ecclesias à Laicis non suscipiant absque consensu & voluntate Episcoporum, Et si ali●er presumptum fuerit Canonicae ultioni subiaceant. The like was in the next general Council under Innocent the second. and very many other Pontificial Decrees 
n Habentur apud Gratianum dist. 63. &· c. 16. q. 7.  were to the same purpose. For by this time, through the use of giving of Orders without Titles of Churches (against the old 
o Dist. 70 ●. 1. & 2.  Canons) and Resignations into lay hands; every lay Patron easily could have a Clerk capable of his Benefice, and so invest him, without so much as notice of the Bishop. And, notwithstanding those Decrees, both Ecumenical and Pontificial, that practice of investitures could not presently be taken from the laity, although soon after that general Council held under Innocent the second, in M.C.XXXIX. it began to be less frequent, and Institution upon Presentation here and there succeeded it. But not long before that Council, it was much complained against by the Clergy, and styled by 
o Vide Goffrid. Vindoc●nens. lib. 3. epist. 11. & juonem Carnot. Epist. 235.238, & 239.  some of them, Haeresis investiturae. others of them by no means admitting it to be an Heresy, but only a usurpation of the rights of the Church, which should not be disposed of by lay hands. Besides other occurrences of investitures in Epistles, Counsels, and Story of about M.C. you may see especially the Epistle twixt Ivo Bishop of Chartres, and john Archbishop of Lions, with others of Godfrey Abbot of Vendosme (all written about M.C.XXX) in which it is largely disputed of; and in them it appears plainly, that although the Church would never have permitted it to the laity, and did also sometimes extort renuntiations of it, yet the Pope often regranted the right of it in France and Germany to such as had renounced it. Whence also Ivo concluded, that it was but a civil right belonging (by their Canons) to the Church, and no such thing, as of its own nature, could not be enjoyed by the laity. But the Canons gaining force, as the Papal power increased, at length, about the end of this CCCC. years, it became wholly out of use. for not till then was it left off; and that the course of Institutions upon Presentations was not before commonly practised (especially in the case of lay Patrons) appears by divers 
p Council General. sub Al●x. 3. cap. 9 & 〈…〉 c 4 10, 1●. & tit. de 〈…〉. & t●t. de Praeb●nd●. c. 31. in Lat●ran●n.  Canons relating as much, to which I refer you. and more hereof in the English use. By reason of these investitures (wherein the Glebe, Tithes, and all Endowments of the Church, as well as the Church itself, in point of interest or estate, passed from the Patron, and at every vacancy were in him as in the only proprietary of them) when Appropriations in these ancient times were made, it was not only the Church itself, or the Titulus Ecclesiae (for that also, once by consecration created, was given by lay Patrons, when the Clerk had already his Orders) or the patronage, that was directly in point of interest conveyed, but withal the Glebe and Tithe made parochial by Grant, Foundation, or Custom. And the title of the Church, the Monastery (according to the Patron's provision in many Appropriations; and in others, at their pleasure) still gave afterward by Presentation of a Clerk, whom the Bishop instituted. For the Clergy, except Bishops and such as had Episcopal right by privilege, gave 
p Ad hanc rem, vide c. 16. q. 2.1. & 6.  usually by Presentations; these investitures being altogether against their Canons, and but like the Bishop's Collations. Neither did any such thing follow upon such Presentation as Disappropriation, in regard of the Endowments or Temporalties. for such was the nature of the Appropriations, that the Church remained notwithstanding presentative. and the Incumbent, that came in by presentation, had the Church only under the name of Vicar, and in another's right, and received the Tithes and the profit of the Glebe, no otherwise then to the use of the Monastery, in which the Appropriation had settled them, as investiture should have done in an Incumbent. Neither was the Title of the Church, and the Endowments, so entire a thing, but that, according to the Patron's interest and will, they might by the Law then in practice be so severed. The ordinary instruments of such Appropriations plainly show it. And all the maintenance of the Incumbent was at the bounty of the Monasteries allowance. And it is expressed usually in old Instruments of Appropriations, that such a Clerk should answer to the Bishop de spiritualibus, vobis autem (to the Monastery) de temporalibus. Which is complained against in that of john of 
r De N●g●● Curialium, lib. 7. c. 17.  Salisbury: Personatus quosdam introduxerunt, quorum iure ad alium onera, ad alium referuntur emolumenta. Herewith agrees the general 
s Ita etiam extr. tit. de Privileg. c. 2. §. in Ecclesijs. Concil. General. A.D. 1215. cap. 61. extr. de Pro●. & dig●. c. 31. & Luc. 3 in App. ad Concil. Lateran de 〈◊〉 D. 1180. tit. de iur● Patronat. cap. 24. & Roger. Houed●n. in annal. ●ol. 460. ●·  Council of Lateran, held in the year M.C.LXXX where the ancient course of filling Churches, thus appropriated to Religious Houses, is commanded to be thenceforth better observed. In Ecclesijs suis quae ad eos pleno iure non pertinent (that is, those which they held both exempt from Episcopal jurisdiction, and in them had the right of Institution and Destitution by Privilege) instituendos Presbyteros Episcopis praesentent, ut eis quidem de plebis cura respondeant; ipsis verò de rebus temporalibus rationem exhibeant competentem. For how ever by the Canonists of later time, this in the Council, and in our Appropriations, be understood variously, and, for the most part, of Churches whereof Religious Corporations had only the Patronage, and according to their Law, no property; whence also they interpret that rationem competentem for an account only which the Patrons might exact, but not for a denoting of the property or right that the Religious Houses had in the profits; yet doubtless in those times, that suis Ecclesijs in this and the like Canons had reference to Churches appropriated only, or to such as were possessed by equal right to express Appropriation. And although Innocent 
t Vide ●um ad ●i●. de Praeb. c. in Lat●rane●si 31. & tit. de Privileg. c. 2 § in Ecclesijs editione Venet.  the fourth, being of the ancientest Writers on the Decretals, rather justifies that more common opinion (whereof you may have most special declaration in our 
u Constit. pro● tit. de locato & conducts▪ cap. licet bona v●r● asserunt ●on ligari.  Lindwood) yet others, and as great Lawyers of that time, expressly suppose, that the Temporalties are by that passage understood due and payable to the Monastery, and that not an account only was to be made of the dispensing of them. Expressly 
x In sum. tit. de Offic. Ordinarij, ●. sunt autem.  Hostiensis upon the difference of their Churches held pleno iure, and not pleno iure: Vbi pleno iure non pertinet, tunc habet ibi Monasterium temporalia & representationem Praesbyteri Vicarij tantum etc. Whereas if it were theirs pleno iure, they had also Institution and Destitution to themselves. And 
Ho●●iens. sum. tit. de ●●pell●● M●nach § quaa 〈◊〉, & 〈…〉 Priuil●g § qu●d operator▪  elsewhere likewise he makes the enjoying the Temporalties to be denoted by, Pro rebus Temporalibus debita subiectio. And so Durand (whom they call 
z Spec u●. tit. a●capell● Monach. §. 2.  Speculator) in his precedent for the Libel, whereby a Monastery having founded a Church, was to demand the Temporalties, thus proposes the suit, Cum Ecclesiam illam Monasterium à fundatione habuit (for in those ancienter times the right of Foundation of a Church and Appropriation were as 
a Vide Hosti●ns. sum. 〈◊〉. tit. §. quid ●it.  one to Religious Houses) & sic per consequentiam in temporalibus sibi debeat respondere, petit temporalia in ipsa Ecclesia sibi adiudicari, etc. Is it not then plain, that respondere in temporalibus denotes the taking of the Temporalties to the Monasteries use? Hostiensis and Durand are better authority to prove how the Law was anciently taken, than a cartload of the later and more barbarous. Other reasons might be brought to prove this. but I presume no man will doubt it, that knows how to examine it. I only add this observation, to help clear it, out of a Bull of Pope Lucius the second, to the Prior and Canons of Kenelworth, wherein licence 
b Ms. Reperitur in Vol. quo compingitur Fried godus po●●a in Biblioth. Cottonian.  is given them, to hold their Churches in proprios usus, that is, in manu vestra (as the words are) retinere & earum Beneficia ad proprios usus reseruare, constitutis ibidem Vicarijs & Diocesano Episcopo praesentatis, qui eyes de spiritualibus, vobis verò de Temporalibus omnibus, videlicet Decimis & Obuentionibus debeant respondere, dum modo Vicarijs & caeteris Ministris earundem Ecclesiarum in necessarijs provideatis, etc. What can be plainer, then that the phrase of respondere in the Canons is here as it were purposely declared, as we have conceived it, according to Antiquity? And sometimes also Appropriations were made by Lay men 
c Amodaeus Corn▪ ●●baudiae in 〈◊〉. Monast. 〈◊〉 An. D. 1015. dat. extat in Biblioth. Cluni●c. pag 413. , reserving to themselves a ius patronatus, and ius praesentandi. But all the profits of received Tithes and Glebe were theirs, who so had the Appropriations, and were dispensed at their pleasure; and to the Curates, in both kinds, as they thought fit, were some Salaries given. which turned afterwards oft time into Vicarages that belong to such Appropriations; whence also it came, that their Presentations have been since and are now taken to be only to those Vicarages, being made perpetual; whereas indeed, their Vicars were originally presented to the whole rectory, but had the benefit no otherwise then is before declared. The words of conveyance in Appropriating commonly were, Dedi & confirmavi Ecclesiam de N. cum decimis, or cum Decimatione, etc. Whereby the Church Glebe and Tithes passed equally, by way of interest, to the Monastery. So anciently, and at this day, many Covents, but especially the Praemonstratenses, have divers Churches continually in their own hands. And some of the Monks received into Orders, discharged the Cure. And in such Instruments (of the elder Times) as more commonly ordained, that they should keep the Church presentative, the Church itself passed also it seems as well in right of property, as of patronage; which sometimes also (as is before noted) was excepted to the grantor. Examples enough are extant, wherein all this is apparent. For that more general way of appropriating Tithes (the Church still remaining presentable, which specially is pertinent hither) you may see the Grants and Bulls made to the Abbey 
d Biblioth. Cluniac. p. 1430. 1454·  of Clugny, to the Abbey of 
e Innocent. 3. in Epist▪ tom. 2. p. 435. alibi s●p●. & vide si placet, Chartam Abbati Verz●lia●. apud Andr●am Quercetan. in Notis ad Biblioth. Cluniac. pag. 133.  S. Germane in Auxerres, and many other like recited in Pope Innocent the third his Decretals, as also the Charter of Henry Earl of 
f Apud A●bertum Miraum in Orig. Canob. cap. ●3. ubi & B. Jd● diploma consulas.  Brabant to his Abbey of Afflighem, near Brussels; of Thierry Earl of Holland 
g Apud I. Douzam. Annal. Holl. lib. 10.  to the Abbey of Egmond; which, being but a few of a multitude, enough show the use of the time in conveying Tithes in Appropriations severally, and as distinct from the Church; and more are of this nature, where we speak of the English use. And although also, Confirmations and Bulls of Popes and Bishops are sometimes added to such ancient Appropriations (as you see in an ancient 
h Biblioth. Cluniac. pag. 265.  Charter, by Lewis the fourth, of France, in the year DCCCCXXXIX. to the Abbey of Clugny, where the Appropriations of Churches and Tithes, Sicut per privilegium Romanum, & per scripta Episcoporum ad quisierunt, are confirmed; and in other Monuments of succeeding Times) yet those were gotten by the Monks, to satisfy the Canons; not to give validity in secular or common Law, then practised. But also some Instruments of Appropriations are, wherein, from Bishops only, Tithes of other men's Lands were conveyed to Monasteries; as in that especially of Athelbero, Bishop of Hamborough, in the year MCXLI. 
i In App. ad Hist. Brom. pag. 114. & ●19.  whereby he gives to the New Minster in Wipenthorp, then newly founded by Vicelin, in the Territory of Holst, eiusdem Villae Decimam cum aliarum quarundum Villarum subter positarum Decimis, veluti in villa Stavera, Horgan, Bra●htenuelde, Tuenthorp, Godeland, Wlmersthorp, Boienbutle, Husberg, Cumerueld, Padenworth, Withorp, Padenstede, Bulligstede, said & alias Decimas juxta flwium Gestere in utroque littore à villa Elmeshorne usque ad lacum Wicflet, etc. with divers other. And by another Charter, dated MCXLVI. he gives to the same Monastery other Tithes of great value; and some of his successors 
k Ba●dwin. Arch. Hamburg. An. D. 1174.  follow his example. If you question how the Bishop came to have power to make these Grants, either in regard of Parochial Curates by the Canon Law, or of the Lay owner's interest, according to the practice of the Time; know, that in this and most of the bishopric of Germany especially (which began with the Christianity of the Dioceses, about, or since the beginning of the French Empire) the right of Tithes, through those Dioceses, was challenged by the Bishops only (and that justly enough by the Laws of the Empire, which presently are related) because the Parishes being not limited, nor indeed Christianity so at first settled, that they could have been well assigned to Parochial Curates, the Bishops were the true and immediate Parochial and ministering Rectors in their Bishop●iques. and although afterward, Parish Churches were founded, yet to them they would not resign their ancient right in Tithes, which from their first Function there, they had either enjoyed, or still pretended to, both in regard of the value of them, as also because every founded Church was to be otherwise endowed with Manse and Glebe. Neither had it been altogether safe among so obstinate a people (which could scarce by any means be brought to pay any Tenths) to have permitted every Parish Rector afterward to have demanded them, or taught them due to himself. for to such as had both at once received the Doctrine of the Faith, and the declaration of the right of Tithes due to the Ministers (which were only, when they received it, the Bishops; if you respect only, as you must, the Ministers settled among them) it might have seemed a different Doctrine, to have afterward taught them due to any inferior part of the Hierarchy; especially in the weaker years of that Church. Hence is it, that the Archbishop of 
l L●m●ert. Schass●●burg. pag. ●7.  Mentz claimed all the Tithes in Turingia, the Bishop of 
m K●antz. Wandal. lib. ●. c. 38. & 39  Lubek, of 
n Vide Greg. 7. Regest. l●b. 2. ●pist. 77.  Saltzburg, and others, the Tithes of their Dioceses. and hence only those of Hamborough so liberally dispose of them. Neither could any of these reasons so well have place in other Countries. for (except in Germany, and those more Northern parts) Christianity was in most places of Europe, it seems, so established, and the Hierarchy of Bishops and parochial Rectors so settled, before any common Doctrine or general Law, for payment of Tithes, was so divulged (for a thing of necessary observation) in the Church, that when it came after to be commanded, it could not be, in any conceit, better ordered, then according to the division of limited Parishes. and, those wanting at the time when the Faith, and the Doctrine and Laws of Tithes, came first into those parts, how could it on (the other side) fall out, but that they should be taught due only to the Bishopriques? Which opinion also, it is no wonder, that those Bishops should be willing to preserve and continue, after Parishes were there divided, and after Tithes came at length to be paid them. For long they preached, and much stir was about it, before they could get a usual payment of them. Neither need you mistrust, that their right to Tithes, so clearly pretended in the Appropriations by the Bishops of Hamborough, was only from the Episcopal right which the Canonists allow, 
o Extr. de De●. c. 13. quoniam.  in case where the Lands, wherein the Tithes increase, are not assigned to any one Parish Church. the contrary thereof appears enough in other conveyances made to the same Monastery; in which the same Bishop Athelbero, first in MCXLII. appropriats to it the Parish Church of Bishorst upon Albis, cum banno fimul & cum omnibus appendicijs eius acquisitis, vel ac quirendis, and with the largest bounty, that the thing given might carry with it. but afterward, in MCXLVI. he grants to it also a good part of the Tithes within the ban and precinct assigned to the same Church; which plainly shows, that he granted Tithes of Lands, already assigned to parishes. For his Parish Churches and their profits were no other, than what Foundations, special Endowments, and the Offerings of the parishioners, within their ban or Limits, had made them. Which is well justified by an old Rhymer, that in Verse, which would grieve Apollo's heart to hear, sings Athelbero's liberality to the Monastery, and expresses the Tithes of fourteen Villages, and other places given by him, and then comes to two Churches (that he afterward appropriated to it) Bishorst and Ichorst, and names them only as they had Bannes or Limits and parishioners; as 
Bishorst cum Bannis, Bannos cum parochianis  
Ichorst cum Bannis, Bannos cum parochianis.  And then adds, 
Et Bishorstensis Decimatio tota paludis  
Additur & quaeque fratrum labor occupat aequè.  Where you see, he diligently remembers also an Exemption given to it by that Bishop: which could hardly have been, if the general right of Tithes had not been supposed in him. But out of these things you may probably collect, that by this time (that is divers years before the end of these CCCC. years) in some of those Northern Churches, Tenths were paid more justly, according to the desire of the Clergy, then in other places; where you shall find arbitrary consecrations by Lay men, continuing till about MCC For if the Bishop had not had these Tithes paid, but had pretended only right in them, his bounty to the Monastery had been to little purpose. So in the Diocese of Oldenburg, about MCLX. payment was duly, it seems, made to the Bishop by all, saving those which had improved the deserts of Wagria, which could by no means be brought to it. Decimas ex more 
q Wandalio lib. 4. cap. 38. & 39  solvere recusaverunt, says Krantzius; being yet ready to give a competent part of their increase. And although Gerold the Bishop and Count Adolph joined together; the one with persuasion (wherein he pretended to them Exempla, as the same Author writes, Ecclesiarum omnium & praesertìm proximarum, and told them of Divinum de Decimis praeceptum:) the other with power, to make them tithe their profits; yet they utterly refused, and with tumult and clamours made open profession, Seruili conditioni nunquam se colla submissuros, per quam omne Christicolarum genus Pontificum pressurâ laboret. Neither were the Danes in those Ages easier to be brought to the payment of Tithes to the Church. Indeed they so much abhorred it, that no greater cause was, why they barbarously betrayed and murdered their King Knout 
r An. D. 1078. Krantz. Dani● 4. cap 37. & in prae●. ad Hist. Regni Norwag & Dan. lib. 6. cap. 50.  the fourth, then that he would have imposed it. And about the year MCLXXX. under King Waldemur the first, Absalon Bishop of Lunden would have had them all paid their Tithes, and that under pain of an Interdict to continue against them: but they stoutly refused, and answered by public message to the Clergy, That notwithstanding the Interdict, they should carefully minister Divine Service and Sacraments, or else depart the Country: if they did neither, Non solùm rerum amissionem sed membrorum etiam truncationem demorarentur. And it is well noted by Krantzius, that the Northern Nations generally, were very hardly brought to pay▪ but after continual and earnest Doctrine of the Church, and command of Princes, at length many of them yielded; that is, as may be conjectured, in the first half of the year MCC. Through the frequent use of those arbitrary Consecrations, and those Appropriations, Churches with their Tithes, and Tithes of several possessions, were in exceeding number established in Monasteries, as well of Nuns as Monks. The Tithes of LX. of LXXX. or more Parishes, were by those courses, annexed sometime to one Monastery; which the Head and Covent possessed, not as any part, or as pretending themselves to be any part of that Clergy which made up the evangelical Priesthood, or deserved them by ministering Divine Service and Sacraments to the owners. For indeed, divers of these appropriated Tithes were out of such lands as lay so distant from the Monasteries, not in other Dioceses only, but also in other Kingdoms, that the owners never saw or knew the Monks, or their Cloister, nor otherwise heard of them, but by their Cellarars or Provosts that exacted payment. Whereupon it was in time of our Edward the third affirmed in a petition in Parliament, 
R●t. Parl. 50. Ed. 3. a●●. 94.  That Aliens (which by reason of appropriations made to their Houses beyond the Seas, or to their Priories or Cells in this Kingdom, or the like) did so devour the Salaries due to Parish Curates, and so neglect the Divine Service which they should have taken care for in every Parish, that they did more hurt to holy Church, than all the jews and Saracens of the world. Which might have been well applicable to some kind of Nonresidence of Denizens also. But the religious persons justified their consuming this Ecclesiastic revenue by reason only of their Prayers, their Tears, their Psalms, their Alms, and the like exercises of Devotion; beside their maintenance of Curates with arbitrary Salaries, in the Parish-Churches appropriated to them. Which is at large seen in an Epistle of Peter Abbot of Clugny to S. Bernard Abbot of the Cistercian Order at Clarevaulx, about the Monks of Clugny their possessing of a large number of Parochial Tithes. The Cistercians had made divers complaints against them, and one was upon this very point, in these words: Ecclesiarum 
s Petr. Cluniac. lib. 1. epist. 28. circ. An. D. 1150. Vide, si placet, Ioa●●. Sarisbur. de Nugi● Curialium▪ lib. 7. cap. 21.  Parochialium, primitiarum & Decimarum possessiones quae ratio vobis contulit? Cum haec omnia non ad Monachos, sed ad Clericos, Canonica Sanctione, pertineant; illis quip quorum officij est baptizare & praedicare & reliqua quae ad animarum pertinent salutem gerere, haec concessa sunt, ut non sit eis necesse implicari saecularibus negotijs; sed quia in Ecclesia laborant in Ecclesia vivant. Hereto, among divers other imputations, the Abbot of Clugny answers, and gives his reason for their enjoying of Tithes, thus: Quia Monachi ex maxima part fidelium saluti invigilant, licet Sacramenta minime ministrant, estimamus ipsorum primitias, Decimas & Oblationes, & quaeque beneficia eos dignè posse suscipere, quoniam & reliqua populo Christiano à Presbyteris (that is, by the Curates which they maintained) faciunt exhiberi. And another of great note before this Abbot's time, pretends special charity towards the poor, for sufficient reason why Monasteries and Hermitages had Tithes given them: Vt copiosiora (saith 
t Petr. Damian. lib. 2▪ epist. 14.  he) alimenta proficiant, dantur in Monasterijs & Eremis Decimae quorunque proventuum, & non modo pecorum sed & 
u 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, i. aui●m 〈◊〉 Gallinarum.  ornicum pariter & ovorum. The same reasons hold in justifying of Appropriations to Nunneries, where the persons are not capable of the ministery. And among Examples of the Age, take this one for some confirmation, in these elder times, of the right which Monks pretended to them. In the year MLIX. a great 
x 〈◊〉. Schaffnaburg▪ in Annal. pag. 466. edit. Arg●nt●rat. Videses etiam Francisci Monaldi consilium de iur●▪ Abb●tiae S. Mari●● Carcer●bus in Dioec●si Pataui●a apud joh. Baptist. C●sar part 1. consil. 46.  controversy fell between Meginher Abbot of Herfeildi, and Burchard Bishop of Halberstadt, about Tithes of large Territories in Saxony, appropriated to the Abbey. The Abbot stood upon the Appropriation; the Bishop upon his Episcopal right, which by the Canon Law is, and anciently was, the same with parochial, in places not limited to any certain Parishes. The Bishop's greatness with the judges of both Laws, made the Abbot so despair of success in the Suit, that he prosecuted no further; but withal, summoned the Bishop to appear before the Almighty in his judgement-seat, within some few days there to answer in the same Action; and very soon after departed this life. Not many days interceded, but the Bishop riding towards the Court where this Suit had depended, to dispatch some proceedings touching it, suddenly fell from his Horse very sick; and being carried into his Inn, gave most strict charge (as one divinely moved) that the Abbey should have restitution and quiet possession of those Tithes for ever; and admonished them all, that were by, That who ever had been parties with him in that oppression against the Abbey, should by the like judgement from Heaven, suffer as he did; confessing to the two Bishops of Magdeburg and Hildenesheim (then visiting him) that he was now called, according to the Abbot's summons, to answer his exaction of the appropriated Tithes, before the judgement Seat of the Almighty: and soon after, he most miserably died; Vto his Archpriest, who had been his great Instrument in the Suit, the same year suddenly following him. But how ever either the usual practice, or this example wrought; a year or two after, this questioning of Tithes upon Episcopal right (that is, upon pretence that all Tithes of every Diocese were due to the Bishop, as to the Rector of a great Parish; for such a right was most specially pretended by Bishops in Germany, as is already declared, and that both against Appropriations & arbitrary Consecrations) bred most perilous disturbances of State, and of no small consequent in those parts. For in the year MLXII. when Otho succeeded his brother William in the Marquisat of Turingia, Sigifrid Archbishop of Mentz denied him the relieving of his Fiefs held of the Archbishoprique, unless he would give him all the Tenths of his Demesnes, and compel all the Tenants of his Marqusat to do the like. This was exceedingly distasted by the Turingians, insomuch, that they openly professed, they would sooner lose their lives, quam patrum suorum legitima amittere; that is, than part with their ancestrel right of detaining, or disposition of Tithes, according to their use, either of Infeodations or Appropriations. so you must of necessity understand it; and other passages in the Author (Lambert of Schaffnaburg, then living, who relates it) make that sense of it plain. Neither was this Otho, for as much as in him lay, wanting to the Archbishop's request. But in the year MLXVII. upon his death, he left joy enough to his country men, in regard of that his yielding about the Tenths, which none of his ancestors had given example of. but in him it was the chief Seminary, as the Monk says, of the many calamities suffered in the Saxon War of that time. Great disputation of Canonists followed some six years after, in a Council held, about this Episcopal right, in Erpesfurt, where not only the Tithes of Lay men were called 
y Vide Schaffnaburg pag. 487.  in question, but Tithes appropriated to the Abbeys of Fulda and Herfeldt, and of all their possessions, were challenged by the Archbishop; his Canonists vehemently disputing for him; and the Emperor Henry the fourth, who much invaded the rights of the Church, urging him forward, that indeed he might have had a moiety with him. At length, the Abbots divided with the Bishop by a special transaction; and, when they yielded, the Lay men, serving the time, agreed to give him theirs also. But presently the exaction of them ceased. Hoc anno (MLXXIII.) post exortum bellum Saxonicum (says the Monk) nulla deinceps exactio facta est Decimarum in Turingia; gaudentibus Turingis quod occasionem invenissent, ut traditas sibi à patribus leges manu militari tuerentur. And although the Archbishop again questioned it, no success followed. Of Appropriations of Tithes, hitherto.   

IV.  
The use of Infeodations, or Conveyances of the perpetual right of Tithes into Lay hands, is remembered by Peter Damian, that complained of it to Pope Alexander the second, about the year MLX. Insuper etiam & Decimae (saith 
z Petr. Damian. lib. 1. epist. 10. & lib. 4. epist. 12.  he) ac plebes adduntur in Beneficium saecularibus. Where plebes is taken for Parish Churches, as it is often used in the old Canons: and they are the same, to this purpose, with parochial Tithes and Temporalties; although literally, they interpret only 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, the Lay people of the Parish, or those of whom the Cure is; which word is often for plebes in the Greek Canons of the African Church. The Original of the practice of these Infeodations of Tithes appears not in old monuments. Those which refer them to the time of Charles Martell, or 
a Vide Kr●ntz. Metropol. l●b. 4. c. 2 Vbi ●d morem Mandrabu●●, coniectura● de hac rein●●eliciter ad●●it.  any age near him, are in gross error; neither is any mention of them, for the space of about CCC. years after him. Lands and Monasteries consecrated, were 
b Vide, cum his quae supra adnota●imus, Flodoard. hist. ●h●mens. Eccles. lib. 2. cap. 12. etiam in Ecclesia O●ientali Monasterijs sacris Laici saepe usi 〈◊〉 sunt. constat in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 Patriarchae Constantinop. edit. in comment. Zonara, & in Cano●. 13. Synod, O●cum●nica 7.  about those times of Martell often possessed by the laity, and often wrongfully, as the story of him, Carloman, and their successors, plentifully discover. and thereof enough in the former Chapter. But no Tithes in those times were Infeodated, as also is judiciously observed and taught by the learned Stephen 
c En les r●cerches de la Franc●, liu. 3. chap. 35.  Pasquier, Advocate General en la chambre des counts, whose diligence yet fails, when he confidently delivers, that these Infeodations began about the time of the holy Wars that were between MXC. and MC. The contrary appears plainly, not only in that of Peter Damian, who lived long before, but also in the Counell of Lateran, held in MLXXVIII. where this Canon is, Decimas quas in usum pietatis concessas esse Canonica authoritas demonstrat, à Laicis possideri Apostolicâ authoritate prohibemus. sive enim ab Episcopis vel Regibus, vel quibuslibet personis eas acceperint, nisi Ecclesiae reddiderint, sciant se sacrilegij crimen incurrere: Which in the same syllables is iterated in the general Council of Lateran, held in M.C.XXXIX. under Innocent the second. But in the first you see clearly, that Infeodations of Tithes were ancienter than the Holy Wars: Which is plainly confirmed also by the Council of Clerimont, held in MXCV. by Vrban the second; where it was forbidden, That Lay men should thenceforth Altaria vel Ecclesias sibi retinere, that is, keep Churches and consecrated Tithes in their own hands. for so was the common 
d C. 1. q. 3. c. 4. quasitum.  signification of Altaria at that time in France. And observe there withal, that they had been practised not alone by Lay men, but by Bishops also; as is declared in Peter Damians 
e Lib. 4. Epist. 12.  complaint against them for it. Likewise it seems, Religious Orders made Fiefs or Tenements of Tithes 
f 6. Decretal. tit. de Dec. c. 2. §. san●.  for Lay men. Testimony of these Infeodations are very frequent in the Canon Law, which commonly-stiles the Tithes so conveyed into Lay hands, Decimae Laicis in feudum concessae, and Feudales, and Infeudatae, that is, feudal Tithes, or as the French Lawyers call them, Dixmes infeodees. And to this day these Infeudations remain; especially in France and Spain, and also elsewhere. Neither are the Tithes so possessed, other than mere Lay possessions, and determinable before the secular judge. But thereof, more in the practice of the next CCCC. years, in which the ancient Infeodations have continued. But since the year M.C.LXXX none could, in France especially, be newly created; that is, no Lay man might thenceforth begin Infeodations of Tithes parochially due by the Canons. So was it ordained in the general Council of Lateran then held, in these words: Prohibemus 
g Extr. tit. de De●. c. 19▪ prohibemus.  ne Laici Decimas cum animarum suarum periculo detinentes in alios Laicos possint aliquo modo transfer. Si quis verò receperit & Ecclesiae non reddiderit, Christianâ sepulturâ privetur. So hath the continual practice (which in such a case is the best interpreter) since been in that Country, which hath received this Canon for a binding Law. Neither is it 
h Neque aliter sa●● intelligunt vetustiores illi juris interprete Innocent. 4. Host●e●sis. Bernardus. & vide H●nricum Bow●i● ad tit. de Dec. c. quamuis.  otherwise to be understood; how ever divers of the later Canonists, with ignorance enough, draw it to a different sense, and oppose it against the right of all feudal Tithes, being ancienter than the Council, and since passed over into Lay hands. And whereas they commonly suppose, that all these ancient feudal Tithes were at first spiritual, and transferred from Churchmen (at the request of Princes) into Lay hands, and since wrongfully detained; surely it is an error. neither is there any ancient warrant sufficient for it: many of them were doubtless created by Lay men's Grants, as Rents-charge, Estovers, Turbaries, and the like are. Who can doubt of it, that observes but alone this Canon Prohibemus? Whence also may be strongly inferred, that the greater number of Infeudations were through Grants made by Lay men to Lay men, as Consecrations were, at their pleasure, made to Churches. for what is there only forbidden by the Council, may be thought the greatest and most prejudicial practice of the time against the profit of the Clergy. Neither is any provision there made against the other kind of Infeudations, which pass Tithes from Churchmen. And although the words & Ecclesiae non reddiderit, in the Canon (and in the body of the same Council, in Roger of Hoveden) seem to suppose, as if it had been made for such Tithes as had been taken from the Church; yet indeed, the truer reading is tradiderit, as appears in the body of that Council first fully published out of the Vatican, in the last Tome of the General councils printed at Rome by command of the present Pope Paul the fifth; wherewith agrees other Editions, but of less authority. And perhaps also some old Infeodations were made by Lay Patrons in the vacancy of their Churches, by the same challenged right as they alone made Appropriations. For, as by our common Law, the Patron and the Bishop may in the time of vacancy dispose of the Endowments (as by the Canon Law also, if the Chapters consent, or the Popes, be had;) so in those elder times, upon equal reason, when the Patron had the only disposition and interest of the Church (as is already showed) he alone sometimes granted any part, at his choice, it seems, to Lay or Clergy men. Why not any part as well as all? And that Patrons granted whole Churches into Lay hands, appears by divers passages in Flodoards Rhemish history, by that before cited out of Damian, and by the general Council of Lateran, under Innocent the second; where it is ordained, that they should be restored from the Lay men to the disposition of the Bishops. And an example is extant among the Records of the 
i Apud 〈◊〉. D●uzam. in Annal. Holland. lib. 5.  Monastery of Egmond in Holland; wherein Charles King of France (who is commonly therein taken for Charles the Bald; but Douza thinks it to be rather Charles the Simple, and made about D.CCCC. and is thereto persuaded by Synchronisme, the best trial of such truths) recites, that Hagano, one of his Nobles, humbly requested of him for Thierry (the first Earl of Holland) quasdam res; Ecclesiam videlicet Hecmunde, cum omnibus ad eam iure pertinentibus à loco qui dicitur Zwtherdes Hague usque ad Fortrapa & Kinn●m, etc. Which by patent he grants him in fee, & ut libere haec omnia teneat atque possideat, habeat que de his potestatem juxta libitum suum ordinandi seu saciendi. If the Church itself of Egmund (the Parish Church; for it was then no Abbey, but afterward made one by that Thierry) passed not by this patent into Lay hands, I sufficiently understand it not. neither is it spoken of, but as what might, according to the use of that time, be clearly made a Lay fee. Through these kind of Grants, practised both by Lay & Clergy men, Princes, and private persons, the ancient Infeodations of Tithes had their original, as well as by Leases from the Church; and not by imposition of Tenths by Princes, as some 
k Videses Krantz. Metropol. lib, 1 c. 2  have ignorantly conjectured; although also it be certain, that Princes sometimes joined 
l S●bassnaburg. An D▪ 10●3. & Krantz l●b. 4. Wandaliae. cap 37.  with the Bishops to bring in the payment of Tithes, that thereby themselves might have beneficial Infeodations of them from the Church. But as Princes made Infeodations out of their own Demesnes, or their own Churches; so other private Lay Persons. And the Clergy, sometimes of Tithes already vested in them; and sometimes, it seems, out of their Demesnes. And perhaps especially religious persons, exempted from payment by Bulls, made some out of their own Demesnes, as may be conjectured out of a Decree 
m 6. lib tit de Dec. c. 2▪ § san●.  of Pope Alexander the fourth, that speaks particularly of Infeodations made à religiosis exemptis & aliis. And for example of Tithes already possessed, and thus granted by the Church, you may specially see that of Engelbert Count of Goritz, who had an Infeodation 
n Innocent 3. epist. lib▪ 2 p. ●47. & vi●e ib. p 48●. Edit. Colon●ensi.  anciently from the Church of Trieste, in the Patriarchat of Aquilegia. and Henry Count of Ratzenbourg 
o Krantz. Wandali●, lib. 4. cap. 38. & 39  had an Infeodation of all the Tithes which were paid to the Church in his Territory, from the Bishop of Oldenbourg. so one Hildeward had one in the 
p Append. ad hist. ●ramens. p. 134.  Diocese of Hamborough, and surrendered it to Baldwin Archbishop there, about M.C.LXXIV. But examples of them were 
q Vide extr. de Dec. c. 17.  very many, the dissike whereof was one special cause, pretended by those of the Deserts of Wagria in Holst, about M.C.LXX why they would pay no Tithes. Praeterea (says 
r Wandali● lib. 4. cap. 38.  Krantzius) & hoc adiecerunt, non multùm a veritate aberrantes, quòd omnes paenè Decimae in luxus cesserint hominum saecularium. To these testimonies, of Lay men's arbitrary detaining, disposing, or receiving of Tithes in those elder ages, you may add 
s Ms. lib 2. the 〈◊〉 temptu mundi. in Bibl●oth. Cotton.  Bernardus Morlanensis (an English Monk of Clugny, about King Stephen) his complaint of nonpayment to the Clergy. thus speaks he in his affected form of Verses.  
Rusticus hordea, mittit in horrea, farra recondit.  
Horrea grandia, vasa capacia multaque conduit.  
Nec pecus aut sata dante Deo data vult Decimare.  
Nec sacra portio, nec Decimatio redditur arae.   

V.  
The like liberty as Lay men had enjoyed (in not subjecting themselves to the payment of Tithes, according to the Laws of the Church, but bestowing or retaining them at their own wills in most places, even from the beginning of Christianity, until about the year M.CC) was another way purchased, for some time, by religious houses, so to discharge themselves of censure of the Canons, and that by Exemptions or Papal privilege. For however the laity justified themselves by their secular right, admitting of Canons that touched their estates, but as they saw cause in their own judgements; yet Religious persons, who were always of the Pontificial side, and reckoned in the Catalogue of the Clergy, and possessed divers large Territories, durst not so oppose what was ordained either by decree at Rome, or in Synods General or Provincial. Therefore when from the beginning of this Age, both Doctrine and Canons (of which more presently) had made the duty of Tithes of a known right among the Clergy; Clergy men became somewhat strict observers of the payment, as you see plainly in that before cited out of Godfrey Abbot of Vendosme, with whom Peter Abbot of Clugny agrees. And, although 
a Videses ●. 16▪ ●. 1. c. 46. & notas ed●tioni Greg●riana adiectas.  Canons be in Burchard, Ivo, and Gratian, referred to, I know not what ancient Council of Chalons or Mentz, whereby Lands, occupied by Bishops or Abbots, seem to be discharged; according to which also, another Decree is found in the Vatican, annexed to some Counsels of Pope Vrban the second, yet it seems by the authority of those Abbots and other testimony, that they were not practised as Church Laws. But what some of the Clergy durst not do for the Canons, they had licence for by Exemptions from the Pope. And, beside those other Canons; from 
b Extr. tit. de dec. ●▪ no●u● g●nu●, & App. Concil. Lateran. part. 13. cap. 16  Paschal the second, about M.C. there was granted to all religious persons, a special discharge from Tithes. but it seems also that this Exemption soon took not force in execution. for it was made divers years before those two Abbots wrote, and (if I understand them) expressly affirmed the common practice of the contrary. And in an instrument of composition twixt the Templars 
c Chronic. O●d. Praemonstrat.  and Praemonstratenses in the year M.C.XLII. one special article was, that, Nullus in utroque ordine, alter ab altero, tam de nutrimentis, quam de laboribus Decimas exiget vel accipiet. whence some inference might be that no clear exemption preceded (at least in force and practice) for both. But however, afterward about M.C.L. most of all the religious Orders were 
d Extr. de dec. c. 10 ex part vide 〈◊〉▪ Sar●●●●riens. de N●g. Curialium lib. 7. cap 21. & Append. add Concil. Lateran part. 13. cap. 3. & 10. & part. 41. cap. 4.  exempted, by Pontificial privilege, from payment out of possessions kept in their own occupation, which Pope Hadrian the fourth (about that time) restrained to the Cistercians, Templars, and Hospitalars, and decreed that all other religious Orders should pay Tithe of whatsoever increase they had in their own occupation, saving of 
e Videses Alex. 4. in 6 de dec c. 2. statuto. & Innocent. ●. tom 2. p 410. 〈◊〉. Coloniensi.  new Improvements by culture, of pasture for their cattle and of Garden fruits. But neither were they by these exemptions, freed from payment of Tithes, which were taught due only by common right to the Church. They were discharged also from such as had formerly been 
f Petr. 〈◊〉. Epist. 8●. apud ●ochell. in Decre●. Eccles. Gallicaen. lib. 6. cap. 19  consecrated out of their possessions, by their Founders or Benefactors, to other Churches, over which also the Pope challenged supreme authority in disposition of their Revenues. But the laity would not permit such exemptions to extend to their Infeodations. Milites Galliarum, says Peter of Blois, speaking of the Cistercians, sibi ius Decimationis usurpant, nec vestris privilegijs deferentes, eas à vobis potenter extorquent. But, that of those three Orders. was afterward in the year M.CC.XU in the general Council of Lateran, limited to such Lands as they 
g Extr. de dec. ●. 34. Nuper Abbate●.  had before that Council purchased. where observe by the way, that Exemptions were then chiefly allowed to two Orders, which are not properly to be reckoned amongst any part of the Clergy, or Ecclesiastic persons. For the Templars and Hospitalars were devout Soldiers only, neither could 
h Videses Ioan●. Sari●●ur. de Nug● Curialiu●, lib. 7. cap. 21.  they justify their enjoying of tithes, either through exemption from the Pope or consecrations from the laity, by the reasons which other Cloister Monks used. Their prayers, or devotions in private, were not the services expected from them in the Church; but their swords and valour only gave the desert, as at this day may be truly affirmed of the Hospitalars or Knights of St. john's of Jerusalem, which being now, as in those ancient times they were, only Soldiers of the Church, have therefore been divers times lately 
i Le 〈◊〉 Aduoca●●n la dicte ceur. 〈◊〉▪ 7.  adjudged in the Court of Aides in Paris to be no part of the Clergy. But also, by the succeeding Popes, other like privileges were granted to 
k Vide Innocent. 〈…〉 2. pag. 139. 〈…〉 ad 〈◊〉 Later. 〈…〉. 13. cap. 2. & seqq.  Bishops, Abbots, and at their pleasure. But of the Practice of these CCCC. years, thus much.   

VI  
Of the Opinions left in the monuments of the Clergy, both touching the Right of tithes, and those Practices, next briefly. Very frequent are the testimonies in the old Counsels of about the beginning of these CCCC. years, in which Tithes are spoken o● as due generally by God's Ordinance. as, Decimas Deo dari omnino non negligatur, quas Deus sibi dari constituit, quia timendum est, ut quisquis Deo debitum suum abstrahit, ne forte Deus per peccatum suum auferat ei necessaria sua, which occurs in the Provincial Council of Mentz held in DCCC.XIII. and is iterated in some 
Vt in Concil. M●gunt. a. d. 846. & a d▪ 887.  other succeeding of the same Province, & in the 
m Benedict. Leuit. lib. 5. cap 9  Capitularies. And it is ordinarily grounded upon the levitical Laws (which are obuiously cited for the right of Tithes in the very 
n Vide Co●cil. 〈…〉. lib. 1. cap. 11 & seqq ●om. 3. edit penult▪ ●in▪ pag. 586.  syllables of Moses) but sometimes also on abraham's & Jacob's examples, as in Walafrid Strabo, that lived about DCCC.XL. whose words are, Decimas Deo & Sacerdotibus D●i dandas Abraham factis, jacob promissis insinuat, deinde lex statuit & omnes Doctores sancti commemorant; the self same being 
n C. 16 q. 7. c. 6.  referred also to one of the Counsels of Mentz of those times. And res 
o Leuit. lib. 7. cap. 152.  Dominicae and Dominica 
p Concil. Ti●in. quod Regiaticini● d●ci●ur, sub L●o●. ●.  substantia and Dei 
q Agrippin▪ ●pud Burchard. lib 3. cap. 135.  census, and the like are the attributes given to Tithes, by the ancients of this age, which also they style 
r ●quisgran. sub Steph. 5. c. 116. extr. de dec. c 26. Na●n●tens. sin. c. 10.  patrimonia pauperum, and Tributa egentium animarum, and Stipendia pauperum, hospitum, peregrinum; whence also the Clergy was not to use them quasi suis sed quasi commendatis, as the words are of the Council of Nantes, held about the former part of these CCCC. years. And Pope Alexander the third in an Epistle 
s Extr. de d●●. c. 14. & 15.  to the Archbishop of Rheimes, says, non ab hominibus sed ab ipso Deo sunt institutae. and in another to the Bishop of Amiens, he calls them Sanctuarium. and Caelestin 
t Eod. c. 23 ex transmissa & c 26. tua nobi●.  the third; Fidelis homo de omnibus quae licite potest acquirere, Decimas erogare tenetur after him, Innocent the third; Decimas Deus in signum universalis dominij sibi reddi praecepit suas esse Decimas & primitias asseverans. and his general Council of 
u Cap. 54. & extr. de dec. c. 33. ●um non sit.  Lateran agrees with him. and it appears that S. Vlrique Bishop of Auspurg about the year DCCCC. L. in his Visitations had especially this article of inquiry; 
x Berno abbot in vita ●. 〈◊〉 cap. 10.  Si Decimas recte darent; which shows his opinion that they were generally due. With these take the authority of the Poenitentials exercised by the Clergy in that Age, by which, strict examination was to be made at Shrifts, whether the penitent had paid all kind of Tithes, in these words. Hast thou at any time neglected to pay thy Tenths to God, which God himself hath ordained to be given him? or if thou hast done so or consented to the defrauding of the Church therein, first restore to God fourfold: and then must thou suffer penance with bread and water only, for twenty days. So it is delivered in 
y Lib. 19 de Poenitenti●. & in Paenitential. Roman. tit. 8. cap. 17. idem habetur.  Burchard Bishop of Worms, that collected the Canons about the year M. Neither was any difference in the nature of the increase by the common opinion of this time. The tenth of 
z Calestin. 3▪ extr. de dec. c. 22. non est. & 23. ex transmissa  all, aswell of all kind of Personal as predial, was taught due. Neither find I any man in this Age that by Doctrine expressly opposed any of this, saving only that French Leutardus, who about the year M. held the payment of them necessary. Decimas 
a Rodulphus Gla●●r hist. ●. c. 11.  dare, dicebat omnimodis esse superfluum & inane. But also other opinions he had, that being against the usual Doctrine of the Church, gave him the name of Heretic, which he kept till his miserable death. This may suffice for the express testimonies of Opinion of this CCCC. years touching the general right of Tithes. But although this opinion be so frequently delivered in such terms as may denote the Tenth due by God's Law, (that is, as it should at first sight seem, by the Divine moral Law, or the Divine natural Law, which should bind all men and ever, and are to this purpose both one) ye it is plain, by so much of the practice of the laity as the Clergy commonly allowed of, and by the general opinion of the Time, that the persons held capable of them, were not only the labouring Priesthood or Ministering Clergy. The disposition of them in perpetual right to Monks, Nuns, the poor in Hospitals, to religious orders of Knights, and that out of one Province or Kingdom whatsoever into any other, in this time was allowed clearly in practice; and according to that practice they were enjoyed. And the Clergy also generally agreed, that, by their Canonical form of conveyance, Tithes might be given (although some ancient 
b Leo 4 in c. 16. q. 1. c. 45. etc.  Canons were for Parochial right) to any Church, to Monasteries, Hospitals, relief of Poor or Sick: that is, as 
c Epist. 207. astipulatur, c. 16▪ q. 1. c. 68 qui canon falso ad D. Hieronymum refertur & Concil. Clarim●nt, An▪ Do. 1095. c. 1. q. 3. c. 4. etc. 16 q. 7 c. 2.  Ivo Bishop of Chartres (being a great Canonist about M.C.XXX) in his justifying the right of Tithes expresses it; Decimas & fidelium oblationes Ecclesiae (so you must read, and so is his 
d Cottoni●n●●● ●● ubi Codex editus habet Ecclesiastica.  Ms. copy) lex caritatis communicare potest non tantum Monasterijs sed etiam Xenodochijs, infirmis & peregrinis. For, saith he, licet Decimae & oblationes principaliter clericali debeantur militiae, potest, tamen, Ecclesia omne quod habet cum omnibus pauperibus habere common. But this might not be done, as they would have it, by the Lay owner only. For he well adds, that nevertheless no Monastery might, by the 
e urban 2 c. 16. q. 7. c. 39  Canons, lawfully receive a conveyance of Tithes, ab illis ad quos non pertinet, id est à Laicis. yet you see clearly that Monasteries and other Churches did receive them from Lay men, and continually enjoyed them. So that the chiefest difference twixt the laity and Clergy herein came to be, who should dispose or convey the Tenths (according as they varied also about investitures) not what persons (saving in the use of Infeodations) might have a perpetual right in them. and in that difference the Clergy yielded so frequently in receiving, allowing and confirming arbitrary conveyances (as is before showed) of Tithes, no otherwise then as of Houses or Glebe, to Monks, Nuns, or Churches far distant; that if they held them due to the labouring and Parochial Minister (were he Bishop or other) by the Divine moral Law, they did in this no less than commit against their own consciences, and exercise a kind of continual and fearful sacrilege. And indeed it appears that it was expressly held against the Divine Law, to convey Tithes to any other Church then where the owner used most commonly to receive his soul's food. For the Clergy in a Petition to the Emperor Lewes the second, in the Council of Pavia in DCCC.LV. confidently affirmed that it was generally taken, that such a conveyance to another Church pro libitu was aswell divinae 
C. 16. q. 1. c. 56.  Legi, as sacris Canonibus contrarium. But then clearly also, the chiefest practice of these CCCC. years was herein contrary to the Divine Law; a strange imputation to lay on the time, if at lest Divine Law there, & Deus praecepit, and Deus constituit, & the like in their other pasages for Tithes, denoted the Divine Moral Law. But if you so understand it, how could that Lex Charitatis, that Ivo speaks of, so dispense with it? And with what colour could the Church so frequently practise against it, or pretend arbitrary Consecrations to be so meritorious? But for an Interpretation of their meaning, by showing how others conceive that Lex divina here, look in the next CCCC. years. As for Exemptions; some complaints were made against them by such as lost by them; as you may 
g Pet Cluniac. lib. 1 epist. 33▪ ad Innocent. 2. & Petrus Bl●s epist. 82. apud Bochel Eccles. Gall Decret. lib. 6. cap. 19  see by the Monks of Clugny, complaining against the Cistercians, and by Peter of Blois. But out of them also may be collected, that the general Opinion of the age was not, that they were due by the Divine Moral Law. Was Rome, in those ancient times so bold to grant so many Dispensations expressly against the Divine Moral Law? Yet also john 
h De nugis Curialium, lib. 7. cap. 21.  Bishop of Chartres, in those times, found much fault with the Exemptions given to religious persons. Miror (saith he) ut fidelium pace loquar, quodnam sit quod Decimas & iura aliena usurpare non erubescunt. Inquient fortè Religiosi sumus. Planè Decimas solvere Religionis pars est. And more to this purpose you may find in him, where he tells you, that these Exemptions did derogare constitutioni Divinae. But the Clergy generally was much against the use of Infeodations of Tithes and Churches into Lay hands, although it were practised by some Bishops and Religious Houses; who committed strangely, if they were also of opinion, that the right of Tithes was due to the Priesthood immediately from the Moral Law. Quid est enim (saith Peter 
i Lib. 4. epist. 12. Vide etiam Bullam Vrbani 3. in Biblioth. Ci●●iac. An. D. 1185.  Damian) Decimas in usum saecularium vertere, nisi mortiferum, eye virus, quo pereant, exhibere? Hinc accidit quod & plebesanis justa detur occasio, ut Matricibus suis Ecclesijs obedientiam subtrahant, ut non eis legitima Decimarum persoluant. And Alexander the third directed the Bishop of Amiens to 
k Extr. de dec. c. 15. ad ba●. & vide App. ad Concil. Lateran. part. 4. cap. 1.  decree, that a gift of a Tithe by an Abbot into a Lay hand, was void, quoniam sanctuarium de iure haereditario possideri non debet. But these are only against Conveyances of Tithes already consecrated to Churches, and so hallowed. But, such as were by their first creation infeodated to Lay men, can no more be accounted (in their own nature) differing from other Temporal and Lay possessions, than Rents-charge, Estovers, the tenth sheaf, or the like at this day granted in fee by one Lay man to another. Neither indeed was the Churches right (what ever it were) to her Tithes properly diminished by such Grants. for if, at this day, the owner grant the tenth sheaf of lands titheable, to a Lay man, may not the Grant be good, as a Charge out of the land? and yet the Church there hath her right as before. But the truth, it seems, was, that in those elder times, Lay men that had created a Tenth into Lay hands, rarely, or not at all, paid any to the Church; and those Infeodations, once made, gave them greater pretence, of withholding what the Church demanded: as if it had been enough to say, they must not, could not, pay two Tenths out of their land; and that if a Tenth were once created to any man, nothing else might be exacted under the like name. The same may be thought on in Consecrations to Monasteries. For if Tithes had been held generally due and paid parochially (as now) then clearly, although a Lay man had granted a Tenth to another Church or Monastery, what other soever had been due parochially, had, 
l Vide, si placet, 44. Ed. 3. sol. 5. & 44. Assis. pl. 25.  notwithstanding the Grant, still remained payable to the Parson. How could it have been otherwise? And so no small number of doubly-paid Tithes had remained at this day.   

VII.  
The Laws made in this time for payment of Tithes, were Imperial, Provincial, and Pontificial. The first of the Imperial, was made by Charles the Great, in a general assembly of Estates, both Spiritual and Temporal, under him, in the XI. year of his reign over France and Germany, and in the year of our Saviour, DCC.LXXVIII. it was there ordained, Vt unus quisque 
m Constit Karcli edit. a Vito Am●rb●chio, cap 7. Leg Longohard. lib 3 tit 3. cap. 1. Capitular, lib. 5. cap. 123.  suam Decimam donet; at que per iussionem Episcopi sui▪ (or Pontificis, as some Copies are) dispensetur. Which Law indeed, with divers other, for true payment of Tithes, were generally made by him before his Empire, which began not till the year DCCC. yet because this was in the same terms received into those Capitularies collected by Benedictus Leuita, as from him being Emperor, it may well enough be titled Imperial, and it is the first to this purpose extant, which can be at all styled General, and was ordained by both powers, Secular and Spiritual, to any whole State: unless you will believe, that in Scotland a Law was established by King Congallus and his Clergy, about D.LXX after Christ, for the general payment of Tithes there, according as 
n Hist. Sc●torum. lib. 9 cauten de Congallo Buchananus, lib. 5. Sacerdotes, inquit▪ praedijs alijsque proventibus ditavit. To Decimis adijcer● vir doctissimus non ausus est.  Hector Boetius hath related. Congallus, indeed, is by others affirmed to have been very careful for the Clergies maintenance. But it will, I think, fall out to be too bold an assertion of that feigning Hector, who often, as it were, makes Laws for the Scotish Kings, that he may relate them; or else he was deceived by them from whom he took it. No good Authority can justify such particulars of that age there. neither is it to be received otherwise then as fabulous, and proceeding out of that common mistaking of ancient passages of Church-revenues, and confident (but ignorant) application of them to Tithes. But from that Law of Charles the Great was that exaction of Tithes, spoken of before by Alchwin; and thence are Tithes, in Ansegisus his collection of his imperials, so frequently mentioned, as of known right; and hence also had the title of the Germane Bishops, before spoken of, its original. Those Capitularies, both of Ansegisus and Leuita, were collected by them about the year D. CCC.XL. in both of which, frequent constitutions are for Tithes, and for the 
o A●segis. Capitular. lib. 1. c. 155. etc.  parochial right also of them. Yet with them also take the constitutions of Charles the Great, about the same time collected, but published by Vitus Amerpachius in the year M.D.XLV. as also others occurring in the collection of Melchior Goldaflus. These, together with the Laws of the Lumbards', have very many constitutions of about the beginning of these CCCC. years for this purpose; and one only shall suffice to be here transcribed. De Decimis 
p Benedict. Leuit. lib. 5. cap. 46.  quas populus dare non vult, nisi quolibet modo ab eo redimantur; ab Episcopis prohibendum est ne fiat: & si quis contemtor inventus fuerit; si noster homo fuerit ad praesentiam nostram venire compellatur, caeteri vero destringantur ut inviti Ecclesiae restituant quae voluntary dare neglexerunt. This was made either by Charles, or Lewes the first. but it is falsely referred to the Emperor Lothar, in the Laws of the Lumbards'. It was provided you see against such as would not give their Tithes, unless they were purchased of them for valuable consideration. But the effect that these Laws had, was short; the laity soon disobeying such commands as diminished their revenues. And it enough appears in the story of about the year 
q Vide Baronium 〈◊〉 9.10. An. D●. 8●5 & 〈…〉 lib 3. Io●an. PP. 8. 〈◊〉. ●1. 2●●. 45. 262.293.  DCCC.XLV. that little or no practice was of any of those Laws of the Capitularies, in behalf of the Clergy; nothing being more frequent, than not only the denying them what they would have had, but also the taking from them what they otherwise possessed. Nor could they have sufficient remedy for it, either in the Council of Meaulx, where, under Lothar the first, they humbly sought it, or long afterward, as is manifest in the Monuments of the succeeding ages. But by the way, whereas some (both strangers, and of our own country men) out of the joint mention of Nona and Decima in those Imperial Capitularies of Charles and Lewes the first, fetch an example of a Ninth paid to the Church as well as a Tenth, and bring it as a character of the times devotion; as if the Tenth had not then been thought enough, unless a Ninth also, like a second Tenth, had been offered; it is a ridiculous error, and proceeds from gross ignorance of the Common Laws, Story, Counsels, and use of that age. The Ninth and Tenth there spoken of, were only the rent due from the Tenants of Church lands by the ordinary reservation of the Tenth, as of what was held, by many, of itself due to the Clergy, and of the Ninth, as of the Rent or consideration to be given to them as to Lessors for the received profits. so will it plainly appear in a multitude of old 
r Ansegis. lib 1. cap. 163. lib 2. cap. 2. Leuit. lib. 5. cap. 145. Concil. Turon. 3 cap. 46. Meldens An. D●. 845. cap 62. Flodoard. hist. Rhemens. Eccles. lib 3 cap. 4. Vide & Goldast: constit. Imp▪ tom▪ 3. pag. 648. & quae a●iecta sunt C. 16. q. 1. c. 59 edit. Greg.  authorities, to which I refer you. Neither was the Ninth here thought due otherwise, then as among the ancient Bavarians, the Tenth only from occupiers of Church Lands. The Tenth of the profits was all that their Laws 
s Leg. Bai●ariorum tit. 1. cap. 14. de Colonis & s●rius Ecclesia.  appointed to be paid for rent to the Church by Lessees. But also very many Provincial Constitutions were made for the true payment of Tithes about the beginning of this CCCC. years. as in the Council of Mentz in the year DCCC.XIII. Admonemus atque praecipimus ut Decimas Deo omnino dari non negligatur. which words were received also into the Imperials. and with them agree divers Counsels, held about the same time; as the Counsels of Rheims; the fourth of Arles; the second of Chalons, and many other following. And in Scotland (if we may believe the 
t Hector. Bo●t. hist. Scot lib. 10.  Author, for though he speak very good language, yet he is of no such sound credit) about the year DCCC.XL. King Gregory in his Laws for Church liberties, ordained that the Spiritual Court only should have conisans of Tithes; which had been perhaps all one as to have established them to be generally due. for by the opinion of that Court it is likely they would then also have been judged so. And also among the ordinances 
u Idem lib. 12.  of King Macbeth about the year M.LX the same Author puts one in these words, Decimam partem Terrae nascentium pastoribus Ecclesiarum liberè conferto: Many more of like nature are where we speak severally of the English Constitutions. For Pontificial decrees; Public monuments, I think have none in express terms of command (except you look back to that 
x Sup. cap. 5.  feigned one of Pope Damasus) ancienter then that attributed to 
y A. D. 1059. in Synod. Rome etc. 16. q 2. c. 3.  Pope Nicholas the second. Praecipimus (says he) ut Decimae & primitiae seu oblationes vivorum & mortuorum Ecclesijs Dei fideliter reddantur à Laicis, & ut in dispositione Episcoporum sint; quas qui retinuerint a Sanctae Ecclesiae communione separentur. The self same words 
z Dist. 32. c. 6. praeter § d●iude.  are also under the name of his next successor Alexander the second. That of Pope 
a C. 16. q. 1. c. 45.  Leo the fourth, about the year DCCC.L De Decimis, justo ordine non tantum nobis sed etiam maioribus nostris visum est, plebibus tantùm, ubi sacrosancta baptismata dantur, debere dari, may be reckoned for a Canon for the right of Tithes, if you will. but it seems rather it was at first a Declaration of an opinion than a Constitution. But both the other and that, with divers passages also out of S. Augustine, S. Ambrose, and others, and those old Provincial Counsels, that make for the general right of Tithes, were confirmed for general Canon Law in Gratians 
b C. 13. q. 1. & c. 16. q. 1. c. 41. & seqq. etc. 16. q. 7. passim  Concordia discordantium Canonum, by Pope Eugenius the third in the year M.C.LI or presently after. for however some Canonists ignorantly otherwise place the Collection of that first part of the body of the Canon Law; it is most plain that it was in that year collected by him; which is best justified by a most ancient copy of it written before the Paleae were inserted, and remaining in the Vatican, with this 
c Vide prolegom. ad Corpus juris Canonici, auspicijs Greg●rij 13. editum. & ●bb●tem Vsporgensem.  inscription: Decretum Gratiani Monachi Sancti Faelicis Bononiensis Ordinis sancti Benedicti compilatum in dicto Monasterio Anno Domini millesimo centesimo quinquagesimo primo, tempore Eugenij Papae Tertij. enough other testimony is of it. And in the Council of Clerimont held in M.XCU by Pope Vrban the second it was decreed, Ne laici Decimam partem de laboribus suis retineant. some other passages of Popes are about that time against the selling of Tithes, which they call Simony. And in C· 16. q. 7. c. 1. after the passage of Gregory the seventh, before cited out of his Council of Rome against feudal tithes, these words follow as if he had continued them; Oportet autem congruentiùs nos Decimas & primitias, quas iure Sacerdotum esse sancimus, ab omni populo accipere, etc. which comprehend in them a Constitution. but neither these or any of the rest that follow there, are in that Council of Gregory, neither find I whence Gratian had them. But an Epistle 
d Regest l●b. 9 epist. 14.  of that Gregory is extant, wherein among other admonitions to some Princes of Spain (after such time as the profession of Christianity there, was purged of some Gothique corruption, by a 
e Vide Marianam de reb. Hisp. lib. 9 ● cap. 11.  Council held under Richard Abbot of Marseilles, the Pope's Legate in MLXXVI. so I understand that reference made, in the Epistle, to a kind of new conversion to the Faith) he persuades them, Decimas, quae ad usum tam ipsorum quam Ecclesiarum & pauperum proficiant, dare, totique regno indicere. Quod quidem nulli debet grave videri, pro meliori part, videlicet semper victurâ animâ, quemque decimam Deo offer, cum pro morituro corpore plurimae gentes coniugibus suis tertiam rerum legibus compellantur exsoluere. He admonishes, you see, and persuades, but commands not. He thought not, it seems, his own power great enough to have had effect in disposition of a Tenth part of every man's revenue, and therefore abstained from command. neither could he have pretended the authority of any Law or Canon, generally received into practice. for neither in his time, nor long after, till about MCC. were Tithes so generally paid (as since) without special Grant or Consecration (as is sufficiently showed:) neither had any General Council as yet once remembered the Duty, or the name of Tenths. The first of the General Counsels that mentions them, is the Ninth, that is, that of Lateran, held under Calixtus the second, about M.C.XIX extant in the Vatican, and first published in the late Edition of the Greek General Counsels printed at Rome by authority of the present Pope Paul the fifth, and now newly inserted into Binius his last 
f A. D. 1618.  Edition. But they are there spoken of only, as they were received by special Consecrations. and in the General Council of Lateran, held in M.C.XXX under Innocent the second, feudal Tithes are in the same syllables mentioned, as in the Decree of Gregory the seventh, before cited out of the Council of Rome. And this also, taken out of the Vatican, is to be found only in those two late and fullest Editions. But of the General Counsels (before that Edition at Rome) ordinarily known and read, the first that names Tithes, is the Eleventh, that was held under Alexander the third, in M.C.LXXX But there, Infeodations of them into Lay hands, and Consecrations or arbitrary Conveyances of them to 
* Vide infr. c▪ 7. §. 1.  Religious Houses, without assent of the Bishop, are only forbidden. Neither was any Canon of a General Council as yet found, that purposely commanded payment of them; nor any that expressly supposed them a duty of common right, before 
g Cap. 53. & in extr. tit. de Dec. ● 33. cum non sit. & vid● caput prox. §. 1.  that of Lateran in the year M.CC.XU held under Pope Innocent the third, about which time, Ecclesiastical Authority became more powerful, the Canons were more received into practice (that before were little, especially herein, obeyed) and Parochial right to Tithes grew to be more established; whereof, more in the next and last part of our general Division, and in the English practice. But if that Canon in the Lateran Council, held under Alexander the third, against arbitrary Consecrations of Tithes without assent of the Bishop, might be understood literally, and of new Tithes so created (neither is any thing in the Council that denies that to be the meaning of it) then needed we not perhaps seek further for the cause of that Assertion amongst our common Lawyers, That, before the Council of Lateran, every man might have given his Tithes to what Church he would. Who ever observes the practice of the preceding time only, and the words both of that Council, and, to the same purpose, of the other held under Calixtus the second, may well enough be persuaded, that the intent of those Canons were no otherwise. But in regard we find that Canon of Lateran, under Alexander the third, to be differently interpreted by Innocent the third, within twenty or thirty years after the making of it, and understood only of feudal Tithes formerly granted out from the Church into Lay hands (according as the Canonists after him also take it) we cannot be altogether so secure of that other interpretation. In Lateranensi Concilio (saith 
h Extr. de his qua f●a pral. sine assens. capituli, c. 7. cum Apostolica.  Innocent; meaning, that under Alexander the third) est inhibitum ne quaelibet Religiosa persona Ecclesias & Decimas de manibus Laicorum, sine consensu Episcoporum recipiat; per quod indirectè datur intelligi quòd sufficit consensus Episcopi, ut licitum Ecclesiae sit Decimas de manibus recipere Laicorum. Hoc autem de illis Decimis intelligimus quae Laicis in feudum perpetuò sunt concessae. But we must take it upon his word only, and the credit of the following Canonists, that the Canon was so to be understood. They may, as they will, understand it by judicial application. but you may, at least, doubt still, that the Historical understanding of it, is to be had out of arbitrary Consecrations before practised. And it was even equal to ordain, that Lay men should not arbitrarily consecrate, and that they should not consecrate without assent of the Bishop; every Bishop (I think) being supposed a careful observer of the former Canons, which would have induced parochial right to Tithes, and general payment. So that what in this kind might not be done without his assent, was conceived as likely to be never done to the Church's prejudice. Let every able reader judge here. but let him not be much swayed with the rabble of late Canonists, that go away clear with this of Pope Innocent. When the Pope had said so, they made no scruple of the truth of it; and one takes it (as their fashion is) from another with too much easy credulity. But although this be not sufficient ground for that assertion of our common Lawyers (which clearly, being rightly apprehended, is true; though lazy ignorance cry against it, even to hoarseness) yet enough other will be found, whereof more toward the end of the tenth Chapter.    

Of the time from M.CC or near thereabouts, till this day. CAP. VII.  
I. The Canons of General Counsels, and Decretals, for parochial right in Tithes (not formerly otherwise conveyed) which now became more established.  
II. The opinion of the Canonists, in the question of what immediate Law Tithes are due by, is, that they are payable iure divino.  
III. How the same question is determined by the opinion of the Schoolmen.  
IV. Of those that held them mere Alms.  
V. The opinion in Divinity, that concludes them due iure divino. With a Determination of the University of Oxford touching Personal Tithes.  
VI Laws, Customs, and Practice of France, in exaction of them. Of their feudal Tithes at this day.  
VII. Laws, Customs, and Practice in Spain, touching the general payment of Tithes. Tithes there, in Lay men's hands.  
VIII. Customs and Infeudations in Italy; Payment in Venice; in Germany: Of the Hungarians, Polacks, Swethians, and others, touching the duty and possession of Tithes.  
IX. Of Tithes in Scotland. With an Example of an Appropriation of Churches and Tithes there, by Robert de Brus. And something of Tithes in Ireland.  
IN these following times, the Canon Law grew to be of more force, and Parochial right (through the Decrees made against that former course of arbitrary Conveyances, and from the passages of Canon Law, that supposed the general right of Tithes) became to be more established. But the Opinions of Canonists and Divines have been and are much different in the question, upon what Law the general right of them is immediately grounded. But by the Practice of the Common Laws (for so much as I have read) of all Christian States, they are subject to Customs, and that sometimes as well in non payment as in payment of a less part. And Infeodations of them into Lay hands, yet continue in France, Spain, Germany, and elsewhere. And of Customs only and Infeodations we shall principally speak in the practice of this time. For, what ever might here otherwise be remembered touching Compositions, Exemptions, or such like, is but a mere consequent of those Customs, and of the Opinion that makes them due only by Positive, Human, or Ecclesiastical Law.  

I.  
It is sufficiently manifested in the practice of the former CCCC. years, that the laity did usually convey their Tithes by Consecrations and Appropriations to what Church they would, and by Infeodations to Lay men. Their Infeodations were forbidden by the 
a Videses, cap. 14. & 9 edit. Romana & extr. de Dec. c. 19 & de Preb. & d●g. cap. 31. in Latera●ens. tit. de ●ure patron. c. 17. nullus▪ & de his qua fiunt a pr●●. c. 7. cum Apostolica.  General Council of Lateran, in M.C.LXXX whence that most known Canon Prohibemus, before cited, was taken into the body of Gregory's decretals, and hath ever since been, and still is, in authority, and that also in the secular Laws of France especially. It was in the same Council ordained, That no religious Orders should receive any Appropriations or Consecrations of Churches or Tithes, without assent of the Bishop. Ecclesias & Decimas (are the words) de manu Laicorum, sine consensu Episcoporum tam illos (that is, Templars and Hospitalars, against whom the provision was chiefly made) quam quoscunque alios Religiosos reciperc prohibemus. This was confirmed in the General Council of Lateran, held under Innocent the third, in the year M.CC.XU And a Canon of the General Council of Lateran, under Calixtus the second, in the year M.C.XIX (wherein parochial Ministers were also forbidden to receive Tithes, or Churches, from the hands of Lay men, by investiture especially, Absque consensu & voluntate Episcopi) was afterward, in divers Epistles of Pope Alexander the third, received 
b Extr. de iure patr. c. 10.11.21. & de Instit. c. 3. ex frequantibus & Append. Concil. Lateran. part. 15. cap. 18.  and confirmed. And although many Decrees were before against those Conveyances, yet till these General Counsels (under Alexander and Innocent) neither was the Authority of the Church so powerful, neither were Epistles sent from Rome so frequent, to put that in execution, which had so been there established against that challenged right of the laity. But by this time, when the arbitrary disposition of the owner was thus provided against (reference being made to the Bishop's assent, that was bound to square all things by the 
c C. 16. q. 1. c. 45. & 56.  Canons, which would have Tithes paid parochially, and became to be much more obeyed then before) it grew frequent, to have Decretal Epistles sent from Rome into every Province, both to ratify the former Consecrations and Appropriations, (which the Popes 
d Vide Innocent. 3 in extr. de his qua s●a pral c. 7.  began also, at pleasure, to declare sometimes void, if made by Lay men alone) and also to exact parochial payments of other Tithes, not canonically conveyed out of the Parish: and the reason sometime was added; that is, 
e Extr. de dec. in c. 29. cum cont●ng●●.  Perceptio Decimarum ad Parochiales Ecclesias de iure communi pertinet. and the General Council 
f Ibid. c. 33. cum non sit..  of M.CC.XU had taken it clear, and so expressed it, that in signum universalis Dominij quasi quodam titulo speciali sibi Dominus Decimas reseruaverat: And after a few words, the Canon is concluded with Decimare cogantur Ecclesijs, quibus de iure debentur. And the action for parochial Tithes in those times, as now, is called 
g Ibid c. 31. dudum adversus.  iure communi fundata intentio; that is, by common right, Tithes praedial and mixed were due to the Rector of the Parish (were he Bishop or Priest) if they were not otherwise, by special title, enjoyed by some other Church, or discharged by Canonical Exemption. But how little this common right had before been practised, appears not only in what is already declared, of the use of the former time, and in the doubts made by Gratian in the Decree, and Pope Lucius the third, Alexander the third, and others in their Epistles touching it, but also in other occurrences of somewhat before the beginning of these CCCC. years, amongst which you shall find, that both the religious and secular of the Clergy would usually take Covenants from their Tenants, to pay them the Tithes, and so prevent the Parson of the Parish where the land lay. If parochial right had then been common, how could such a Covenant have prevented the Parson? That practice is both related and remedied in the 
h C. 56. & extr. de ●actis c. 17. plerique & videses Append. ad Council Later. part. 13 cap. 6.  General Council of Lateran, of M.CC.XU and an example of it in the Archbishoprique of Matera is remaining among the Decretals 
i Tom 3. Epist. Decretal. lib. 2. p. 483.  of Innocent the third, where also it appears, that the Archbishop had complained to the Pope, That the Land-occupiers in his Diocese used to divide their Tithes at their pleasure, and arbitrarily give part to the Church, part to the poor, part to their kindred. for which he had remedy by Pontificial Decree. Hereto you may add that of an old Council of 
k C. 13. quast. 2. ● 6. ubicunque, in Concilio ipso, c. 15  Tribur, in DCCC.XCV. Vbi quis Decimas persoluebat viws ibi sepeliatur & mortuus. As if every man, by the choice of the place of his devotion, in paying his Tithes, might make it his Parish. And when Alexander the third, about the year M.C.LXXX was to answer the doubt touching Parochial right of predial Tithes (that is, whether they were due intuitu territorij, in regard of the limits within which they grew, or obtentu Personarum, by reason of the person, and so to be paid to the Church wheresoever the owner for the most part received the Sacrament and heard Divine Service) he knew not how to determine it; and withal acknowledged, that although it had been often moved, it was never resolved. Sane (saith 
l Epist. Decretal. lib. 3. Ms in Biblioth. Cottoniana.  he) cum huiusmodi quaestio temporibus praedecessorum nostrorum mota fuerit, non determinata, aliis intuitu Territorij, aliis Personarum obtentu Decimas afferentibus debere persolui, non est nobis facile certum tibi dicere: which are the words of that Epistle; a part whereof is in Gregory's 
m De Decima, c. cum sint.  Decretals. So, that although by the Canons they would have had a universal payment of Tithes, and although some much ancienter 
n Vide C. 16 qu▪ 1. cap 45. & 56.  authority be in that Law for Parochial payment, yet they had long before, and about the beginning of this last CCCC. years, so much controversy touching Parochial right, that even thence alone you may see, it was not so much as, in Opinion, established. Enough more like Examples are of that time. And you may observe, that where Pope Alexander doth by Decretal command a Parochial payment in the case of the Monks of 
o Extr. tit. de dec. c. 4. commissum. & Append▪ add Concil. Lateran. part. 13. cap. 12.  Boxley (for so you must read in Gregory; not Bosse, as it is in the most polite Edition) yet his ground is from a use of Parochial payment in that particular; without which, he had been as uncertain there, as he and others are in Epistles of that time. But so far also was the former course of arbitrary Consecrations now withstood, that not only the Lay owner might not of himself consecrate the right of his Tithes at will, but also, although the Bishop's assent had joined with his in conveying any Tithes (except only such as were infeodated to him before the Council of Lateran of M.C.LXXX) the Conveyance had been declared void; and to that purpose only, of passing Feodall Tithes out of Lay hands to the Church, was the Bishop's assent 
p D●h● qua f▪ appal. sine cons. c. 7. cum Apostolica  decreed to be sufficient. But however, through those Ecumenical and Pontificial Decrees, a more certainty of Parochial right was now begun; and though those old Canonists also, Pope Innocent the fourth, Cardinal Hostiensis, and some others, about the year M.CC.LX writing on the Decretals, took Parochial right as a thing clearly established in Law, yet it is reported by some Ancients of good credit, that sufficient remedy was not fully provided against that practice of the former course of arbitrary dispositions of Tithes, till the General Council of Lions, held under Pope Gregory the tenth, in the year M.CC.LXXIV. in which, they say, it was constituted, Vt nulli hominum deinceps liceat Decimas suas ad libitum, ut anteà, ubi vellet assignare, sed Matrici Ecclesiae omnes Decimas persoluerent. So Randall Higden the Monk of Chester, Henry 
q M●. in Biblioth. Cottoniana.  Knighton Abbot of Leycester, and Thomas of Walsingham a Monk of S. Albon, tell us; and all three of them lived but about C. years from the time of that Council, and might so perhaps, have had for it some ancienter Authority from some now lost monuments. And upon this, doubtless, was that assertion corruptly related in the printed Examination of W. Thorp before Arundel Archbishop under Henry the fourth; where he answers, That one Pope 
r Apud Fox. in H●n. 4. pag. 494.  Gregory the tenth ordained new Tithes first to be given to Priests now in the new Law. But the body of that Council (which was first published only in the late Edition of the General Counsels at Rome, and is now also in the last Edition of Binius) hath no such matter in it. One Canon is there, specially against 
Extat i● lib. 6. tit. de feb. Eccles. non ali●n. c. 2. hoc consultissimo.  Allenation of Revenues of the Church by Clergy men, and another, against usurpation 
t In 6. t●t. de El●ctione, c. 13. in generali.  of them by Lay Patrons in time of Vacancy; but neither out of them, or the rest, can you extract what those Monks have related. But although they might err in the relation of the Canon, yet, doubtless, they had some special memory, that Parochial right to Tithes had been but of late years, and sometime after M.CC received into the more known and practised Law; although the Doctors so confidently before talk of it. For we must not doubt, but that those elder Canons, notwithstanding their great authority, were by most different degrees of time received into use, and in some places, not till long after M.CC as we see particularly in that of the practice in the Diocese of Palentia, till M.CCC.XXII. which was, that every man, wheresoever he dwelled, yet might declare himself to be of what Parish he would, and to that Parish only give his Tithes: Which was remedied by a Council then held at Villadolid, under William Bishop of Sabina, the Pope's Legate; where he begins with, Parochiarum divisio à sanctis patribus instituta certitudinem Parochianorum & Decimarum debitam solutionem inducit. For indeed, Parochial payment regularly was now grown, by the Canons gaining force, to be the only debita solutio. The next authority of a General Council for Parochial right (after that of Lateran; wherein yet nothing directly constitutes it, but rather it is supposed, as of former time) is the Condemnation, in the Council of Constance, of Wickliff's assertion, That Tithes were mere Alms, and that parishioners might, ad libitum suum (as his position was) eas auferre propter peccata suorum Praelatorum. And since that, in the General Council of 
* Sess. 25. de reformatione. cap. 1●.  Trent under Pius the fourth, about M.D.LX this Canon was published. Non sunt ferendi qui varijs artibus Decimas, Ecclesijs obuenientes, subtrahere moliuntur, aut qui ab aliis soluendas temerè occupant & in rem suam vertunt, cum Decimarum solutio debita sit Deo. Et qui eas dare noluerint aut dantes impediunt res alienas invadunt. Praecipit igitur sancta Synodus omnibus cuiuscunque gradus & conditionis sint, ad quos Decimarum salutio spectat, ut eas (ad quas de jure tenentur) in posterum Cathedrali aut quibuscunque aliis Ecclesijs, vel Personis quibut legitimè debentur integrè persoluant. Qui verò eas aut substrahunt, aut impediunt, excommunicentur; nec ab hoc crimine, nisi plenâ restitutione secutâ, absoluantur. For Pope's Decretals of this time, I refer you further to the Laws made or received in England.   

II.  
In the Opinions that have been since the beginning of these CCCC. years, touching Tithes; the chiefest to be observed here, are those which determine, by what immediate Law Tithes are payable. For how ever very many other questions, about the duty of them, are usually disputed, yet resolve but this, one way or the other, and most of the rest that follow, about Customs, Appropritations, Exemptions, and such more, will soon have little doubt. This point hath been controverted both betwixt Canonists and Divines, and between Divines and others of their own profession. The Canonists (except very few) with one consent grounding themselves upon the letter of some of those passages of Provincial Counsels, of Fathers, and of Popes, before remembered, generally deliver, that predial and Mixed Tithes are due to be paid iure Divino, which is commonly taken for the Divine Moral Law, and they usually cite also the levitical Precepts, to justify it. Yet do they allow the right of former Tithes, Canonically settled by Cosecrations, Appropriations, and Exemptions also, for the most part. for to those they require Pontificial Confirmations, or a supply of them, by such prescription of time, as may suppose them. For they take this Ecclesiastic revenue to be no otherwise due to the Clergy by common right, but that the Pope (whom they, to the utmost, maintain, as they have reason; for out of the Pope's authority, first came their general profession, as it now remains one) may as a supreme Steward of the Clergies maintenance, dispose of this or that particular part of it. This is their common Opinion, although some, in the Point of Exemptions, have made scruple. But where none of those special Titles precede, there they clearly agree also, that by common right, all predial and Mixed Tithes are due parochially. Neither need 
u Speculator lib. 4. part. 3. tit. de Decimi●. Prosper Farnia●. Criminal. decis. Rota Rom. 291. ●. 13. alij passim.  the Rector in his Libel upon his Actio Confessoria (which is the general name of such Actions as lie for demand of incorporal rights, as with us, our Quod permittat, Quare impedit, Droit d●auowson, and the like) propose more, then that the increase is within his Parish; and the other Titles (if any be) must be showed in the Exception, or Answer. But by the way; though the Doctors commonly suppose the Action for Tithes to be Confessoria, and grounded upon common right, yet that great and ancient Lawyer, Bishop Durand, or Speculator, would have them demanded by the Condictio ex Canone, that is, as we call it, by Action upon the Statut. The Canons whereupon he would have it grounded, are those passages of S. Hierome and S. Augustine in C. 16. q. 1. c. 65. & 66. and he takes for his authority, why this kind of Action should be brought, that of 
x ff. de condict. ex l●g. L. Vnic.  Paulus, out of the Imperials, Si Obligatio lege nova introductasit, nec Cautum eadem lege, quo genere Actionis experiamur, ex lege agendum est. So that as ex Lege in the Imperials, so ex Canone in the Pontificial Law, the Action should be brought. He lived long since, and perhaps, in regard of the various practice that had preceded against the common opinion of his profession touching the common right, he thought it most secure for the plaintiff, to ground his Libel upon the Canon, rather than upon common right. But for Personal Tithes (which yet they agree not all to be due iure Divino; although Pope 
y Ad tit. de Paroch. & all▪ Paroch. 〈◊〉 figu●ficauit.  Innocent the fourth make it a wonder to see any man deny it, and divers of them follow him; the old precedents also of Libels in Speculator being equally for these, as for predial) they are held payable only to the Church, where the owner, for the most part, receives the Sacraments and Divine Service; not where the gain is made. neither in them is any regard had to the parish. Whence it comes, that jews and 
z Panor●●it. & gl. ad● tua nos, tit. de Decimis.  Saracens (because they have no personal use of the evangelical ministery) are to pay none by this Law, saving in case where they hinder the continual payment of some former personal Tithe had from Christians. The best Authority they bring for personal Tithes, is that in Deut. XII. where Tithes and the offerings of your hands are spoken of. By reason of that most received ground amongst them, That the Tenth is due to the Church iure Divino, their most common opinion is also, that every man is bound to pay the whole Tenth, or the value of the whole Tenth, of all increase, notwithstanding any custom or prescription to the contrary. Indeed, no reason is, that a custom should take away what God had immediately, and, by his Moral Law, established. The consequent is good, were the antecedent clearly proved. But some of them, and such as are of no small name, deliver their Law to be only, that custom cannot wholly discharge any Land of Tithes, but it may diminish the quota, or bring them to a less quantity, or value; that is, that a custom to pay a Twelfth, Twentieth, or less, is good. This some also allow only in customs immemorial, which they suppose to have the force of a Papal privilege or exemption. But their common and received opinion is, that in predial and Mixed, no prescription or custom to pay any less part or value then the Tenth, or de modo Decimandi, much less de non Decimando, can be good. (Which well agrees with the Civil Law also. For by a rescript of the Emperor Anastasius 
a C. tit de Prascript. 30. vel 40. ann. l 6. comperit sed & vide ibid. Bald. Cyn. & Salic●tum. , no prescription may be of non payment of all or a less part of Tributes, Subsidies, or other Rents of the public Treasury; that is, of such things as are due to the Emperor in signum universalis Dominij, as Tithes are supposed to God and his Ministris.) Except only, where the certainty of some equal yearly payment, without regard to every annual increase, may be adjudged to be equivalent to a Tenth, by reason of the incertainty of sterility or fruitfulness. In this 
b Gl. & Panormitan. ad c. in aliquibus extr. de Decimis, alij.  case they allow a Custom, although the Tenth of every particular year be not paid; because, Ecclesia, they say, potest se habere ad damnum vel Lucrum indifferently. But those other common opinions of theirs are so frequently obvious, that to cite authorities for them, were but to imitate Rabelais his Bridoye. Yet we may specially remember, that the Doctors of the Rota (of Rome, I think) according to their profession also above C. years since, determined, 
c Petr. Ravenn. apud Maiorem in sent. 3. dist. 37. quast. 36.  quod quota Denaria est de iure Divino hodierno die. But some Canonists withal are, and those of no small note, that agree, the determination of the Tenth to be only de iure Ecclesiastico, and that no more Ius Naturale, or Divinum Morale, is in it, than what commands a competence of means to be given to the Priesthood. So 
d Variar. resolute. lib. 1. cap. 17.  Cowarwias'; so, some others. But few enough are of this opinion. All that are of it, make no doubt of the right of Customs (provided always, that a sufficient revenue be possessed by the Minister) but allow the payment of them to be diminished or taken away by Custom or Prescription. But they are generally against the possession of feudal Tithes held by Lay men (which they suppose, but falsely, to have all had beginning from the Church) although Infeodated before the Council of Lateran. Yet indeed some of them express an allowance of them; but that is rather in mingling common Laws with their Canons, then writing as Canonists. The common Laws of all Nations (where feudal Tithes are; and I think certainly, in all Christian Nations feudal Tithes at this day are found) allow them now, and suffer the Canons to have no power over them. And thence is it (lest they should grossly determine against such possessions as the Church anciently, as well as the laity, had by Infeodations settled, and Posterity still maintained) that some receive into their Conclusions an admittance of what their own profession abhors. Which may not be amiss said also of such of them as maintain a Custom in the quota, or the like. For that is done rather by striving to conform the Canons to the common Laws, or secular Constitutions of the State where they live (as our Civilians, in the practice of the ancient Canon Law, do here also) then by judging according to the body of the Canons, that regularly allow no sufficient exception against parochial payment of the whole predial Tenth, but only Papal authority, or a Title canonically settled in some other Church. And the better to make these Infeodations stand with their opinions, they have also a usual distinction of Ius percipiendi, and fructus Decimarum. The Ius percipiendi, they say, cannot be transferred, nor ever was, by the old Infeodations, because every lay man is incapable of it. but the fructus Decimarum only, as they teach, is what passed, and is still possessed, in consideration that the possessors should defend the Church from Heretics and Tyranny. The sum of what the old Canons have, both against ancient and new Infeodations, is in the former Chapter noted; and according to them, how that distinction will hold, I see not. But, among them, great opinion is also, that all feudal Tithes are to be restored to the Church, and that he which holds them, may not lawfully pass them over to another Lay man; but may only, with assent of the Bishop, give them to some Church. Nec multum refert quae Ecclesia habeat dummodo extirpentur à Laico, as Panormitan says. And to this, they abuse that Canon Prohibemus, of the Council of Lateran, that was not indeed made against Tithes then infeodated, but only against new Infeodations, as Pope Innocent the fourth there well teaches. For, saith he, Non loquitur de Decimis infeodatis, sed de aliis male detentis. Which justifies what is in the former CCCC. years, against the received Interpretation, delivered.   

III.  
The Divines, of since the beginning of this time, have had their several Determinations and Doctrines upon this point, and those may be, for method, put chiefly in a threefold difference; although rather the second Doctrine (as presently will appear) were but an issue of the first. and the chief question among them comes to this, Whether, by God's immediate Moral Law, the evangelical Priesthood have a right to Tithes, as to their Inheritance, in equal degree, as the Lay man hath to his Nine; or if they have them only as by human Positive Law, and so given them for their spiritual labour? that is, in brief, Whether by original distributive justice, or by commutative, they are payable? although, in the Opinion which we shall here make the third, all Positive or human Law be, for the most part, neglected; whereof, more presently. But in that (which we here make the first of those three Opinions) it hath been held, that the Tenth considered quoad quotam partem, or, as it is, a determined part, and denoted from that number, is due only by Law Positive and Ecclesiastical; but, quoad substantiam suam, or Cleri sustentationem, or in regard to it, as it denotes a necessary or competent part of the maintenance of the Clergy, that is due by the Divine Moral Law. And to the purpose of this distinction, they interpret the levitical commandments of Tithes; and deliver that quoad substantiam suam, or as it was generally for the maintenance of the Minsterie in the jewish Church, it is Moral or Natural, there being (according to consideration of it so far) the very Character of it written in the Tables of men's hearts; that is, that Spiritual labourers are to be rewarded with temporal bounty, as every labourer is worthy of his hire. But quoad quotam partem, it is, they say, a judicial (or Ceremonial, as some will) and that it hath been brought into the Law of the Gospel by Ecclesiastic Doctrine & Constitutions (both which we have before related) proceeding from it only per vim eius exemplarem, or by imitation of the jewish state, ordered by the Almighty; and not in that regard per vim obligativam, or any continuing force of it under the Gospel. And that the Church was not bound to this part, but freely might as well have ordained the payment of a Ninth, or Eleventh, according to various opportunity. This is commonly taught by the old Schoolmen, Hales, Aquinas, Henricus de Gandavo, R. de Media Villa, Cardinal Caietan, and divers others; (but fullest, in my judgement, by joh. 
e Ad 3. Sent. dist. 37 quast. 36.  Maior) and maintained by great men, that in our times follow their ways of disquisition. The first that expressly made this distinction, was that Alexander Hales, that lived about M.CC.XXX. and thus 
f Part. 3. q. 51. memb. 3.  determined, Praeceptum de Decimis est praeceptum Iudiciale, unde non est dicendum Morale, quia secundum suam determinationem (that is, secundum quotam partem) non est scriptum in cord hominis, nec Ceremoniale, quia non est datum principalitèr in figuram significationis, sed Iudiciale quia datum simpliciter in rationem aequitatis mutuae distributionis, ut sit aequalitas dati & accepti inter seminantem spiritualia & dantem temporalia, secundum quod possibile est, etc. And 
g 2▪ 2. q. 87. art 1.  Aquinas; Determinatio Decimae partis soluendae est autoritate Ecclesiae; and adds, that the ground of it, which he calls radix, is the text 
h Epist. 1. ad Carinth. cap. 9.11. , If we sow unto you spiritual things, is it a great thing, if we reap your carnal things? The same is by Hen. de Gaudano 
i Quodlibet 4. q 28.  expressed in these words, Euangelica· And delivers accordingly the right of them to be partim de iure Naturae & evangelii, that is, quatenus vacantibus Divino Ministerio communiter ab omnibus debet provideri; and, partim de iure humano Ecclesiastico, or Positivo, that is, quoad quotam partem. And to the same purpose, the rest. But whereas some make that learned Hales the first Author of this doctrine; doubtless they err. For however Lex Divina, Deus Praecepit, and the like, frequently denote the right of Tithes in the former CCCC. years; yet first consider, what is there admonished touching the practice of the time, and from thence you may, perhaps, interpret their meanings to be otherwise, then as they are commonly (and especially by the Canonists) taken. Could the Church have, before his time, held clearly, that the Tenth was due by the Moral Law, and yet, against their own consciences, generally, give way to, and practice also, those Conveyances, which can have no power over that which the Moral Law, ever binding uniformly, hath ordained? And indeed some great Doctors teach, that the Ius Divinum, denoted in those passages of the body of the Canons, was no otherwise understood, then only that we are bound to it by the Law Positive of the Church, imitating the Divine judicials (which retain still, as Cardinal Caietan teaches, their vim exemplarem, though not obligativam) and is well enough thence styled Ius Divinum. Cum ergo dicitur (says the Cardinal 
k Ad 2. ●. q. 87. art. 1. ) Lege Divina, aut Deo iubente ad Decimas tenemur; intellige exemplariter. Neither doth he otherwise interpret other passages of the Fathers, which are to that purpose. Neque aliud, are his words, sancti patres intellexerunt. and remember also, that those Fathers affirm it not in disputation, but only in exhortation to the people; which is specially observable to any that knows the course of their writing. With Caietan also (in that the Law for Tithes is not Moral) Bellarmin, Suarez, Malder Bishop of Antuerp, and late professor at Louvain, and others accord, and make it the communis opinio Theologorum; and some will have it Ceremonial, rather than judicial. but we dispute not thereof. But also an example is brought out of S. Ambrose his use of 
l Videses I Mayor. ad 4. se●t. dist. 15. quaest. 3.  Quadragesima divinitus constituta, denoting the Ecclesiastic commandment of Lent, that was but in a kind of imitation of our saviour's abstinence. Which shows, that what is from the holy Word exemplarily taken, is denoted sometimes with such attributes, as might signify a Moral Constitution. And the truth is also, that Ius Divinum is very often, and was, about the time of the body of the Canon Law published, taken for Ius Ecclesiasticum, or Ius Civil quod ad Ecclesiae administrationem spectat. as you may plainly see in an Epistle of Alexander the third, that lived till M.C.LXXX where he directs, that a Church having been in possession XL. years of Tithes growing in another Parish, should have them still by that prescription, because in such case, de iure divino & humano melior est conditio possidentis. Who sees not, that he there uses Ius Divinum for Positive & human Law of the Church? What hath the prescription of XL. years, or primer possession to do with the direction of Divine Moral Law? Or indeed, if he had meant, that Tithes, quoad quotam, had been due for the Minister's Salary by the Divine Moral Law, how could prescription have had place against it? Part of that Epistle is 
m Extr. de Pr●script. c. 6. ad au●es.  in the body of the Canon Law. But because it is fuller, and indeed more authentic, in a very 
n In Ms. lib. 5. in Bibliotheca Cottoniana.  ancient Copy of Decretal Epistles (the most of them being of Alexander the third) it shall thence be hither faithfully transcribed. Alexander Mauricio Episcopo. Ad aures nostras, te significant, pervenit, duas Ecclesias saepius sub examine tuo litigare super Decimis quas una Ecclesiarum in alterius Parochia XL. annis possedit, ac per hoc 
o L. putat eius actionem extinctam  petit eius actionem extentam. Altera vero volens eas iure Parochiali evincere, praescriptionem non debere sibi obesse proponit. Ideo quid juris sit in hoc casu, tua nos duxit fraternitas consulendos. Tuae itaque fraternitati literis praesentibus innotescat, quod iure divino & humano melior est conditio possidentis, quoniam quadragenalis praescriptio omnem prorsus actionem secludit. And, that Ius divinum was in that sense taken in these Ages, appears also by Hales; where, although 
p Part. 3 q. 51. membr. 5.  he before held clearly, that the commandment of the quota pars was judicial, yet he says, that Decima sicut Domini generalis cenfus is payable iure divino, that is plainly (in his meaning) by the Ecclesiastic Constitution of the Church, imitating the Divine judicials. Neither was the phrase otherwise used in that of the General Council of Lateran, held before the time of Hales, in the year M.CC.XU Illae quip Decimae necessariò sunt soluendae, quae debentur ex lege divina vel loci consuetudine approbatâ. I know the Canonists miserably wrest themselves about the interpretation of that place. but, when they have done all in mistaking it, could the Council think, that loci consuetudine, some were due, yet that all lege divina; taking it for the Moral Law. for, if any, then all, by the Moral Law. clearly then the English 
q Bellarm. etiam optim● interpretatur, lib. 1. de Cler.▪ cap. 26.  of that was, Those are necessarily to be paid, which are due either by the Positive Law of the Church (which extends not always universally) or Custom of the Place. Some refer that ex consuetudine to personal Tithes, supposing 
r Vide Henric. Bowhic in tit. de dec. c. pervenit.  them due only by Custom or Positive Law. And that also might be a tolerable interpretation, if at the time of the Council such a distinction had been received twixt personal and predial. But can it then stand for truth, that Hales was the first that brought this opinion of the quota being due by human determination in the Church, and not by the Divine Moral Law? Indeed he was the first that accurately disputed the question as a schoolman , and expressly made the distinction, but clearly not the first that so held the point. To the former Testimonies hereof, add that of Hugo de S. 
s Eurdi●. Theolog. lib. 1. part. 11. cap. 4.  Victore, who lived near C. years before Hales. He speaking of payment of Tithes before the Law, under the Law, and since, concludes with, Primùm igitur ante legem, paruulós Consilio nutrivit (Deus) posteà sub lege exercitatos praecepto tentavit. Novissimè sub gratia perfectos in libertate spiritus ambulare permisit. By this first Opinion of the Schoolmen, to which the ancient Fathers are (you see) by some of them squared, no difference is to be made of predial, Mixed, and Personal Tithes, how ever some scruples about that difference, have been needlessly handled by them. For quoad substantiam Decimae, or Decimam sustentationis, as they call it, or, as the labourer is worthy of his hire, both are equally due. The Moral Law, according to them, designs not out real possessions to be more subject here to the natural part of commutative justice, then personal profit. And therefore also Alexander Hales aptly determines, that Decimae tam personales quam praediales sunt in praecepto, that is, both quoad substantiam, but neither quoad quotam. And, that in Venice, and other such Cities, where no predial Tithes are, a Personal Tenth is due by the Positive Laws of the Church, as, in them also, a sufficient maintenance is to be had for the Clergy, by the Moral or Natural Law. In sum, by this opinion, Customs of payment of less, of nothing, and other Civil Titles, that have force against Ecclesiastic Law Positive, are allowed, so long as the maintenance of the Minister be otherwise competent. Both failing, then is that defect to be supplied (notwithstanding any Civil exception) due by the Divine, Natural, or Moral Law; which, inscribd in all hearts, admonishes, that reward is due to every labourer; much more to him of the Spiritual Harvest. Other questions about Tithes are disputed in the Schoolmen. but it is not hard to conjecture, how the most are to be determined (according to them) by their resolution of this alone; therefore I omit them. You see how opposite this Opinion is to that received among the Canonists, twixt whom and the Schoolmen 
t Ockam. lib. 1. dialog. 3.  was usually great dissension. It is not to be doubted, but that the Schoolmen looked much further into all that they meddled with, than the Canonists could do. And had the Canonists agreed herein with them, they might, with fewer absurdities, have maintained divers of their scrupulous Positions. And some of 
u Raynutius apud Hosti●●sem in sum. tit de decimis▪ num. 10.  them were so moved at the Schoolman's Disputations, about Hales his time especially, that they knew not which way at all to determine it. This difference of the Canonists and Schoolmen is remembered by I. Mayor. Theologos hic (saith 
x Ad Sent. 3. dist. 37. quast. 36.  he) Canonistae Haereticos vocant, quia dicunt Decimas non esse de iure divino. But which are here the more competent judges of the two, he tells you further, in his answers to Peter of Ravenna, a Canonist of his time. He lived about C. years since.   

IV.  
The second Opinion in Divinity, is of those, that (having their first ground out of the determination of the Schoolmen) held Tithes to be mere Alms, and not to be paid to the Ministers of the Gospel by any Parochial right, as a necessary duty to the evangelical Priesthood, but that they might be retained and disposed of at the owners will; especially if the Pastor 
y See Wicleves complunt to the K. and Parliament artic. 3.  well performed not his function. Of this, were both, some of religious Orders in their Preaching, and also others opposite enough to them in Doctrine. The Dominicans and Franciscans especially (who began both about the year M.CC.X and had in their Monasteries store enough of Schoolmen) made it a gainful Doctrine to teach Lay men, that they were not bound to pay their Tithes to their Ministers, as to whom, by any Law of God, that portion necessarily belonged. For when the determinations had preceded, by which the quota was concluded, not to be due jure divino, they of this side neglecting (for the most part) the positive and human Laws made for them, and regarding only the express Law of God, taught them due only as Alms, or as what debito charitatis, not debito justitiae, was to be dispensed. By this Doctrine the Mendicants especially often got them to themselves (like the old 
Vide Zonar. in Concil. Gangr. Can 7.  Eustathians) as Alms to be arbitrarily disposed of to such as took any spiritual labour. as also made their own detaining of them in Lands, out of which they were Parochially due, to seem the less wrongful. but against their detaining of Parochial Tithes a Canon was made in the General 
z Clementin. tit. de Decim. c. 1. Religiosi.  Council of Vienna, held in M.CCC.XL. and their Doctrine was taxed by Pope Innocent the fourth about M.CC.L writing 
a Ad extr. tit. de Paroch c. ult. significavit.  upon the Decretals, where he calls them isti novi Magistri, & Praedicatores qui docent, & praedicant contra nowm & vetus Testamentum. and Richard Archbishop of 
b In desensor. C●ratorum. & vide, si placet Alex. lib. 4. consil. 60.  Armagh, complains against them for possessing the people with an opinion that the command of Tithes was not Moral, but only Ceremonial, and not to be performed, by constraint of conscience, to the Minister; and that out of whatsoever at lest was given to any of the four Orders of Mendicants, no Tithe was in conscience to be deduced for the Ministers. with these in substance did others also at the same time agree, that otherwise were opposite to the whole Nation of Friars. as with us john Wiclefe, Walter Brute, William Thorp, and some such more whose Arguments for their opinions are at large in Foxes Acts and Monuments of the Church of England, whither I had rather send the Reader then stuff this place with them. Wiclefes' 
c Et videses in Fascicul▪ rer. expetendarum, pag. 143. in Wicleu● Thesibus.  Position (for 
d 20. Hen. 7. fol. 17.  which as for an Heresy some have been since questioned with us) is before related, as it was condemned in the Council of Constance. and Thomas Walden the Provincial Governor of the Carmelits in England, about the end of the time of Henry the fourth, wrote against him in it, vindicating the duty to the Church, but not so much, secundum quotam sed magis secundum substantiam, as his 
e Doctrinal. fidei tom. 1. lib. 2. Artic. 3. cap. 64. & 65.  own words are. Hereto may be added one of the articles of the Bohemians, published about CC. years since, wherein a Divine right to Tithes since the 
f Fox in Hen. 5. pag. 602.  Gospel is denied. whereupon also they long since took all temporalties from their Ministers, and brought them 
g joh. Mayor in Sent. 3. Dist. 37. q. 3●.  to stipends. Others have been possessed with this conceit, and among them you may remember Gerardus 
h Paul Grysaldus apud Camill. Borell. in Consiliorum part. 1. consil. 45. edit. à I. Baptist. Casare.  Sagarellus, before Wiclefe, burned also for an Heretic. And the great Erasmus gave the common exacting of Tithes by the Clergy of his time, no better name than Tyranny. But that of his, divers have sufficiently both reprehended and confuted, and especially Albertus Pius Carpensis, in his labour against him. With this may be reckoned that of William Russell a Franciscan who under Henry the fifth had publicly preached that the payment of personal Tithes to the Pastor, were not in God's Commandment; but that it was lawful for every Christian to dispose of them arbitrarily to charitable uses. but of him, see more in the next and third Opinion, where the words of his Doctrine are expressed in a letter from the University of Oxford, to the Convocation of the Clergy.   

V.  
The third Opinion is of those who agree with the Canonists, that the right, of the quota of Tithes, immediately is from the Moral or Divine Natural Law; some impudently urging with a commandment given to Adam; others of them providently restraining all their arguments to such grounds for the Conclusion, as may be had out of Abraham's example, referred to the application of it in the Epistle to the Ebrews; but others also not so circumspectly, taking in the Levitical commandments of Tithes for their most sufficient authority. For the first kind that talk of Adam; I think indeed that in the time of this light of learning, none have durst venture their credits upon such fancies. yet, that it was some opinion that had at least in pretence many authors in the Church of England, in the blinder time of our ancestors; I thence collect, for that in a Penitential made for direction of Priests in auricular Confession, and written (as my Copy is) about Henry the sixth, the Priest's examination and advise upon the point of Tithing, is thus expressed. Hast thou truly do thy Tithings and Offerings to God and to holichirch? thou shalt undirstande that at the beginning of the world, when there was but oon man, that is to say, Adam, God charged him that he should truly of all manner thing give God the Xth. part, and bade him that he should teach his children to do the same manner, and so forth all men into the worldis end. And forasmuch as there was that time no man to receive it of hem in the name of holichirche, and God would not that they should have but IX parties. therefore he commanded hem that of every thing, the Tithe part should be brent. I find that afterward Adam had two sons Cain and Abel, Abel tithed truly and of the best. Cain tithed falsely and of the wert: at last the falls Tyther Cayme slough Abel his brother. for he blamed him and said that he tithed evil, wherefore our Lord God accursid Cain and all the earth in his work. So ye mow see that falls tithing was the cause of the first manslaughter that ever was. and it was cause that God cursed the earth it is literally transcribed as I find it. that writing of Cayme for Cain is ordinary in the monuments of that age, as you may find in Wickleves works, Waldensis his Doctrinal▪ and others of like nature. But see here the effect of perverse opposition on both sides. Some Friars, providing only for their own wealth, would have had them reckoned mere Alms, and so have gotten them from the Secular Priests. and others would have had them retained by Lay men. The Secular Priests on the other side would rather instruct the laity with ridiculous falsehoods (in the terms whereof they would not spare to abuse the holiest Name) than not seem to say enough for their own gain. In those times they did so. they saw the friars dangerous doctrine to their revenues, and therefore omitted no argument, no course in opposing it. a notable testimony whereof is had also in that of friar 
i Ex. Arthium Arch. Cant. ha●sit V. C. Arth. Duck LL. D. in vita Th. Chicheley Cant. Archepisc. pag. 73.  William Russell a Franciscan that in the Convocation of 5. Hen. 6. was vehemently accused because he had preached, that Personal tithes were not necessarily payable by God's Commandment, but that every man might dispose them at his pleasure in charitable uses. the sum of which was, that every man might or should rather give them to the begging Friars. a doctrine of no small prejudice to the Secular Priests, if once publicly received. This Russell was by the Convocation enjoined to recant at Paul's Cross on a prefixed day, before which he fled the Kingdom; and after public citations against him, was solemnly pronounced an Heretic for it. his opinion also being condemned by both the Universities. the letters then sent to the Convocation, from Oxford, both show the determination of that University on the point and the particular Tenet also of Russell. therefore we insert them. the direction is to the Clergy of Canterburie-province from the Vniversitas studij Generalis Oxoniae, after which follows a preface in general terms against such as forsook the ancient ways and fell into new heresies. than they go on with sed quia in multis novitas (so are the words of it, as I have it faithfully transcribed 
k Ex Archiui● Oxon. in● Biblioth. Bedleiana.  to me through the courtesy of my most honoured friend Mr. Thomas Allen of Gloucester Hall; whose name it were not without offence in me, at all to mention without special reverence, aswell to his singular humanity as to his fullness of learning & worth in good Arts) Sed quia in multis novitas parit pericula, in quibus antiquitas non peccabit, illud esse censemus inconcusse tenendum quod ab antiquis patribus constat clarissime praefinitum. Verùm quia nuper nobis innotuit cuiusdam novelli (that is of Russell) insana doctrina contra Decimas personales (cuius miramur audaciam & dolemus insipientiam) sed eius pertinaciam & Ecclesiae contemptum sustinere veremur, & ne nostra 
L. Saciturnitas.  taciturnitate seu negligentia tacito consensui adscribatur, in ipsa materia scribere curavimus quod concordes sentimus, & in evidens testimonium nostro ●igillo communire decrevimus, ad veritatis dilucidationem & obsequium Ecclesiae, ut tenemur. than they deliver their determination thus. Dicimus & firmiter concipimus quod Decimae personales tam ex praecepto juris divini quam sanctorum Patrum traditionibus sub autoritate Ecclesiae in concordi juris judicio debentur Ecclesijs & earum Ministris Curam animarum habentibus & Sacramenta ministrantibus ex autoritate Ecclesiae. Magna namque est sacro Sanctae Ecclesiae autoritas extra quam fides plane perpendit nullam posse pervenire salutem fidelibus. Ne illie ergo resideat spiritus pestilens aut opinio corrumpens ubi locus quaeritur fidei Orthodoxae, verba per adversarium praemissae nostrae sententiae praedicata, quae etiam sub avaritiae subtili suco deprehendimus palliata, reprobamus & tanquam erronea & haeretica declaramus. Quorum demens tenor cum reprobo sensu sic sequitur, Catholica damnatione fulminandus. Decimae personales (this was the doctrine of friar Russell) non cadunt sub praecepto divino, saltem ut soluantur Parochiali Curato; quare licet vestrûm unlevique, nisi consuetudo in contrarium fuerit, in pios usus pauperum eas dispensare. Et iterum. Personales Decimae sub divino non cadunt praecepto neque iure debentur, ubi solutionis non est consuetudo. But they thus damn it. Quiscunque hanc sententiam tenuerit, & pertinaciter defenderit apud reputationem nostram Haereticus est censendus, & quia à sana doctrina Ecclesiae est divisus, à corpore eiusdem Ecclesiae, velut membrum putridum, est praescindendus. O honorabil● fratres & Domini, O universitates Catholicae, & quicunque fideles scrutamini Scripturas, Canon's inspicite ac eorum naturales concipite rationes. quam proditorium est tributum negare altissimo? quam inhumanum à laborantibus abstrahere debitum? quam grave schismatis exemplum autoritati Ecclesiae publice & pertinaciter resistere? ac etiam justitiae obuiam contra praecepta Canonum res alienas invadere: nimis cruenta ac sacrilegia est haec avaritia quae antiquissimi juris Decimale debitum solum Consuetudini adscribit, & in dubium revocat ut laborantium victum just exhauriat. quod Ministris Ecclesiae ad eorum honestam sustentationem firmum persisteret si Decimae possunt ad libitum conferri & ius Decimandae ex Debito non esset? O utinam aut resipiscant & ad Ecclesiae gremium redeant, qui tanto facinori favere conantur; aut asperrimis censuris, ne simplices inficiant, mordaciter feriantur. Sic unanimes in vera doctrina Ecclesiae permaneamus ut ad eum tendere valeamus, de quo canit Propheta. Quaerite Dominum & confirmamini, quaerite faciem eius semper. sic laetetur cor quaerentium Dominum hic in via, quatenus ipsum quaerentibus dignetur esse merces in patria, Amen They were, me thinks, somewhat vehement and very confident in the point. Neither have I elsewhere seen so great authority against Russell. If Russell were therefore an Heretic, doubtless he hath had and now hath many fellow-Heretiques. for thus, many, nay the most of such as most curiously inquire herein, and divers Canonists also that are for the moral right of predial and mixed Tithes, deny that personal are otherwise due regularly then as custom, or Law positive (which is subject to custom) directs. But judge you of it, Reader. I only relate it, and return to their prosecution against Russell. at length news came that he was at Rome, whither presently the Convocation sent agents (to whom they allowed for an honorary salary, a farthing out of every pound of Church livings) that might there question him before the Bishop of Rome. a delegation of the Conisance of the cause was made to a Cardinal, who adjudged him to perpetual imprisonment unless he recanted. the Friar afterward broke prison and ran home again, where at Paul's Cross (when nothing else could satisfy the secular part of the Clergy) he solemnly abjured his heresy, as they called it. and to prevent the like in the doctrine of other Minorits, Chicheley the Archbishop enjoind them all that in their public Sermons they should teach personal Tithes to be due by the Laws of God and the Church. Of later time others have written for the divine right and general duty of Tithes. you may see Albertus Pius Carpensis against Erasmus, Baronius 
m Ad annum Christi 75.  his digression touching them, others, but especially the divers Treatises written to that purpose of late by our Country men, which are read in every hand. I purposely abstain from particular mention of their names. But neither have only single authors been lately of that side for predial and mixed. whole Synods also of this age have in express words been for them, through whose authority & this ancienter before remembered they might have fortified their Conclusions with far greater names, then by citing some one or two late single men, as they usually do. To omit the Council of Mentz held in the year M.D.XLIX. where it is delivered that Decimae debentur iure Divino (and some other are to that purpose in the Decreta Ecclesiae Gallicanae, collected by Bochell) In 
n Edicts & O●donuane●● de France tom. 4. tit. 22.  an Edict of Henry the second of France in M.D.XLII. relation is of a remonstrance made to him by the Bishop, Dean, Canons, Chapter and Clergy of Paris, wherein they take it clear, that tithes and first fruits were introduitees & instituees de droit diuin & partant deussent estre pays Loyavement & sans fraud. The like, of the Clergy of the Diocese of Troy's, is mentioned in an edict of Charles the ninth, in M.D.LXII. in the same words. and in the year before by a General Synod of all the Clergy of France at Poissy, a complaint was made with that pretence in it. the words of the Edict best show it, Charles' etc. à tous ceux qui ces presents letters Verront, salut. De la part de nos cheers & bien amies consiellers les Archevesques & Euesques de nostre Royaume et des deputez des Clergez, qui ont este n'aguerez assembleza Poissy par nostre commandement, nous à este remonstre, que combien que les Diximes & Primices, qui sont leur principal revenu, soient introduitees & instituees de droict diuin, & partant deussent es●re payees loyaument & sans fraud: ce neantmoins plusieurs Agricoles, proprietarees, etc. with these may be reckoned, that of the Clergies petition in the 
b Rot. Parl 50. Ed. 3. art. 199.  parliament of 50. Ed. 3. wherein they begin with Licit Decima siluae, presertim caeduae, de iure divino & ecclesiastico Deo et ecclesiae sit soluenda, etc.   

VI  
But Although by this Opinion and that of the Canonists, Tithes be generally due by the divine Law, and so not subject (if with them you take it for the divine moral or natural Law) to Civil Exceptions as Customs and Prescriptions, of discharges or of payment of less, or such more, whence also real compositions have been condemned 
c Append. ad Co●●il. Lateran. part. 4. cap 1.  quia Decimae cum temporalibus non sunt commutandae, as the words of an old Pope were to the Bishop of Cusa; yet the practised Common Law (for by that name, as common is distinguished from sacred, are the Civil or Municipal Laws of all Nations to be styled) hath never given way herein to the Canons. but hath allowed customs, and made them subject to all civil titles, Infeodations, discharges, compositions, and the like. Of Compositions no more shall be spoken, seeing they consist rather in individuals, then of any general course. we only remember them here as one kind of discharge, among other that have been allowed by common Laws. and where Customs, and Infeodations hold, no man can doubt of the lawfulness of Compositions. But of Customs; in the Edicts made by those Kings of France upon those remonstrances it appears, that, what ever the Clergy supposed by their Dixmes introduitees and instituees de droict diuin: they complain of abuse only in due payment of Tithes out of lands suiets & redevables aux dits dixmes etc. that is, subject and liable to the payment of Tithes. neither in other words do the Edicts and their verifications give them remedy. And notwithstanding that it were once (according to sundry Canons of that Church) thus commanded by an old Law of the year 
d Edict & Ordinances tom. 4. pag 493.  M.CC.XXXVIII. made by S. Lewes, Decimae quibus fuit longo tempore ecclesia per malitiam inhabitantium defraudata, Statuimus & ordinamus quod restituantur citius, & amplius laici decimas non detineant sed eas habere clericis permittant; yet, in that state, against the whole course of the Cannon Law in this kind, they have, what by reason of ancient Infeodations still continuing, what through customs, allowed divers lands to be not at all subject to any Tithes payable to the Church. For their Infeodations (although none can be there new created) such as were made before that Canon prohibemus of the Council of Lateran, held under Alexander the third, are to 
e Videses Guido●om ●P. Decis. 2●8. & Cons●●t. Bitur●●●▪ ●it 10. de Custumes predial●●, §. 11.  this day remaining, and are conveyed and descend as other lay inheritances; excepting only such, as being discharged of feudal service, have been given in to the Church. For, their Lawyers with the common opinion (but erroneously) suppose that all such Infeodations came from the Church; and therefore they agree if any feudal Tithes be conveyed into the Church 
f Vide Carol Molin. in Consu●● Paris. de● Fiefs §. 68 pag. 1296. & seqq. & Bertrand. d' Argentry in Consult. Britan. ●rtic. 266. pag 1114.  freely by themselves (not as annexed to other fiefs, as castles, or manors, nor subject to tenors reserved) that then they are in the Church, as it were iure pos●liminij, or as we say, by way of remitter; that is, they are so annexed, that they may not be transferred again into Lay-hands, more than any other Tithes which are the ancient revenue of the Church. whence it hath been adjudged also in the Parliament of Paris in the case of the Bishop of Baieux, that Tithes so conveyed are not 
g I. Lucius Paris. Placit. Curia lib. 2. tit. 5 §. 2.  subject to the custom of droict de Retreat lignagier, that is, the right of the heir apparants redeeming an inheritance sold by his ancestor within a year and a day, or some such certain time. But this point of remitter, they ground not so much upon the nature of the Tithe, as upon an old Law of S. Lewes, wherein liberty is given that all persons Decimas percipientes in nostra terra, & in feudis moventibus mediate vel immediate de nobis quas clerici perciperent, si eas laici non perciperent, possint eas relinquere, dare & alias quocunque justo titulo, & licito modo ecclesijs concedere tenendas imperpetuum, nostro vel nostrorum successorum assensu minimè requisito, etc. whereas (by the way) some of their lawyers 
h Bacquit des droicts de Domaine tract. 4. part. 3. chap. 30.  say, that feudal Tithes there purchased by Clergy men, are at this day subject to the doict de noweaux acquests' i. a kind of fines for alienation, which I could not yet learn how it well stands with this of S. Lewes. But they commonly interpret it as an ordinance to this end, that when the Church (the Parish 
i Voyez Pasquier en 〈◊〉 Recherche● liu. 3. chap. 35.  Church only to which they are supposed to have been due) had gotten them free by sale or gift or otherwise, they should be perpetually annexed to it. and were it not for this ordinance, which interpretation hath thus applied, their Lawyers ought to have inquired more carefully about the original of every Infeodation. for, where it began from a Lay-man, there, what cause is of remitter? And these kind of feudal Tithes also of their own nature are mere Lay possessions and determinable in that kingdom, only before the secular judge, as it appears, not only in an old Ordinance of Philip le Beau, touching the jurisdiction of Tithes, and in the Protocolle or Register of the Chancery of France, but also in a late Arrest of the Parliament of Paris, where a Curate sued before an Official for his Canonica portio (which hath been there sometime 
y Code des D●cis. lib. 1 tit 10. decis. 15.  adjudged the fourth part. but is arbitrarily determined) against some other Churchman that enjoyed the Tithes of the Parish, who pleaded to the jurisdiction, that the Tithes were feudal, and desired that he would not hold plea of what so much belonged to the King's Court; but the Official first gave sentence that the Defendant should bring in his proofs of the Tithes being feudal; which failing, he proceeded to the point of the Action. thereupon by apple come d'abus it came into the Parliament of Paris, which after solemn Argument gave 
z Co●bin enles Loix de. a France Arrest 66. Et Code des decis. liu 1 tit. 10. decis. 17. & voyez Papou en Notaire vol. 2. liu. 8. fol. 551.  judgement that the Official had usurped over the Royal jurisdiction, in that he had at all proceeded after the simple allegation of Infeodation, which alone binds the hands of the Ecclesiastical judge that hath no more power to inquire of the infeodation or of Tithes as feudal, then of any other Lay inheritance. and in the same case, reference is made to some other judgements of like nature: and the reason given in the Arrest is mainly, because Tithes of their own nature and originally are not otherwise spiritual, or belonging to a spiritual Court, then only as they were annexed to a Church or some other hallowed place. La raison est, are the words, que suyvant le doctrine de S· Thomas, nous Tenons' qu'en lafoy loy de grace, les Dixmes sont deves non de droict diuin, mais positif; & l'esglise en naissant n'a este faict Dame de ce droict, ains par le don & concession des Rois, Princes, & autres a qui de droict il appertenoit. whence, if they were annexed to any Church, they were of Ecclesiastical jurisdiction that was given anciently for them; but being as feudal inheritance, although they once were in the Church, yet a new Character of being mere Lay is restored to them. Those 
a Bertrand. d'Argentre in Cons. Brit. art. 266. des Appropriances, pag. 1111.  Infeodations of Tithes are there very frequent, and in very many Parishes the Tithes are taken only by Lay men. But for them, so much. Customs in payment and non payment of the Tenth, have ever held in that Church, which might alone be proved out of some passages in Gerson, and in 
b Ad scent 3. dist. 37. quast. 36.  johannes Maior, who tells us that plurimi in Italia & Francia de multis rebus quotam non daunt. But it may more fully be manifested by Edicts of late time. in one of Charles the ninth, and another of Henry the third; Dixmes se leveront selon la Coustume des lieux & la cotte accustumee in iceux. Et ou la dit Coustume serra obscure & incertain, serra suivie cell des lieux circumuoisins. The French Customs (according to divers usages of their Provinces) are frequent for paying a less part than the Tenth, and clearly allowed 
c Videses Guidonem Papam Decis. 284. Code des decis. l. 1. tit. 10. decis. 7.  by divers judgements. Neither is the Canon Law, which allows not Customs, suffered to be there practised. And for customs of paying none or de non decimando; in some cases they hold there also; and that by force of that Lex famigerata (as Du 
d Ad Edict. Henr. 2. contra datas paris & abus. Curia Roma●a.  Molin calls it) their Philippine which is an Ordinance made by Philip le Beau in M.CCC.III. (but it is falsely and diversly referred to other of their Philip's) commanding that no new exaction should be made of Tithes not accustomed to be paid. Senescallus (it says) ad requisitionem consulum locorum quoruncunque, defendat ipsos consuls & universitates & singulos à nova impositione servitutis facienda per Praelatos & alias personas Ecclesiasticas, & a nova exactione decimarum & primitiarum & prestationis passatae, prout de iure fuerit & hactenus est consuetum fieri. By this authority, whereas in the Parish 
e Code des Decis. li● 1. tit. 17. Decis. 9  of Branthel, in the Diocese of Meaux, the Prior and Covent de Nostre Dame de Vaurart purchased certain Land that had formerly paid Tithe Corn to the Rector, and made fish Ponds in it, the Rector afterward was bard in his Action for Tithe of the fish; and one reason was upon this Philippine, because no such Tithe had been used to be paid. so in Auvergne, in Berry, and other Provinces, some customs of 
f Et testatur e● ij● Conuarunias lib. 1 Var. resolute. cap. 17.  non payment hold good. And oft-time the King there sends commands grounded upon this Philippine, that new Tithes not usually paid should not be exacted by the Clergy. Literae (saith 
g Carol. de Gr●ssallo Regal. Franc. lib. 2. iur● 7.  my Author) dietim conceduntur in Cancellaria Regia super novis decimis, ne a Laicis exigantur per eorum Praelatos, quae fundantur in ordinatione Philippi Pulchri Francorum Regis facta die Veneris ante Cineres, anno M.CCC.IV. Cap. XXIX. huius tenoris, Item quod Senescallus etc. And expressly the customs of 
h Tit. 10. des Coustomes' prediales, §. 12.  Berry. Item par la Custom, disme est doibt paier seulement des choses d'ont est accoustume payer Disme, etc. where Boerius says, he hath seen it accordingly for other places often adjudged at Paris. and in an Edict of 10. Hen. 4. of France touching the payment of Tithes by those of the reformed Religion, the payment is commanded only, 
i P. Matth. hist. tom. 1. liu. 2. pag. ●25. in 8.  selon l'vsage & coustume des lieux. and accordingly divers Arrests of Parliament also have been. And although sometimes Customs have been there disallowd, especially de non decimando; yet that hath proceeded chiefly from the usurpation of the Canons, where the secular Law was wrongfully neglected; as you may see in the example of that of the Ecclesiastical court at 
k In 3. Sent. dist. 37. quast. 36.  Rhosne, wherein the laity were compelled adreddendas Decimas de faeno & aliquibus aliis de quibus apud eos inconsuetum erat reddere decimas, as majors words are, who concludes, that had the judge been other than a Canonist, he would not so have adjudged it.   

VII.  
In Spain also some infeodated Tithes from ancient time are in Lay hands, which the 
t P. Matth. ad Guid. Pop. decis. 2 8 ex Chronico Io●. 1. R. Castilia, & vide Petr Bellugam in Spec. tit. de Decimas.  Clergy about M.CCC.LXXX. would have had into their revenue, under john the first of Castille and Lions; but could not. and in an Ordinance of the same john, against all such as should usurp the 
u Ordennantas Reales de Castilia lib. 1. tit. 5. leg. 1. & 3.  right of Tithes, a proviso is that it should not extend to such Tithes or Church Revenue, as the Crown or any subject had from ancient time enjoyed.. And a third part of Tithes due to the King, is menciond in their 
x Recopilation por Philip. 2. lib. 1. tit. 5 & Gregorio Lopez du Partina 1. tit. 20 leg. 22.  Laws, as granted to him from the Pope, of which, at his pleasure new Infeodations are made. And Petrus 
y In 2.2. D. Thom. di●put. 40. memb. 1. 〈◊〉 ●6.  de Lorca remembers, that the Pope Regibus Hispaniae concessit tertiam partem Decimarum & aliis secularibus absque consensu singularum Ecclesiarum. among these you may reckon those Tithes in the Crown, which by grant from the Pope, King Ferdinand and Queen Isabel had in the Kingdom of Granado, in consideration of their endowment of Churches there. and of them and their jurisdiction, whereto they are subject, thus 
z Practic. quast cap. 35.  Couaruuias an excellent Lawyer of Spain. Semel, says he, ex literis regijs vidi Decimarum causam tractari inter Ecclesiasticos apud Granatense Praetorium, ex eo quod Reges Catholici Ferdinandus & Elisabeth Decimas huius Regni Granatensis obtinuerint à Pontifice Maximo cum onere dotandi Ecclesias. that is, the judges held plea of them by Commission from the King, not by spiritual power, which otherwise regularly hath conisans of Tithes; although another great Lawyer 
a Gregorio Lopez ad Partula 3. tit. 4. leg. 17.  of that Country deny that the Conisance of such Tithes lawfully belongs to any other jurisdiction then spiritual. Neither hath the Canon Law been so powerful there, as to make Tithes payable against Customs, for payment either of a less part, or none. And however in an Ordinance of the year M.CC.XCIV. Alfonso 
b Fa●ro Real a Espanna lib. 1. tit. 5 y en Pragmaticas y leyes recopilados por mandado de los etc. Ferdinando & Isabel.  the ninth, published his mandamos y establescemos por siempre, que todos los hombres del nuestro regno den sus diezmos derechament y cumplidamente a nuestro Sennor Dios de Pan y de Vino y ganados y de todas las otras cosas que deuen dare de rechament segun manda sancta yglesia, wherein he seems to establish, that whole Tithes without any Diminution should be always paid to the Church, of Corn, Wine and cattle and all other things (which Ordinance also is exemplified and confirmed by john the second of Castille, and Ferdinand and Isabel; and accordingly, Alphonso Diaz de Montaluo his gloss on it, makes it to be consonant wholly to the Canon Law) and the whole course of their ancient body of the Law, in their Partidas be agreeable with it. yet the practice in that state hath been and is, that if suit be commenced in the spiritual Court for new Tithes, formerly not accustomed to be wholly or not all paid, and such custom or prescription be pleaded, and the Official or Ordinary allow it not, upon complaint to the King's Court, the defendant shall (as in case of Prohibitions in England) have his remedy. This is declared by 
c Practic. quast. 35.  their Couarruuias. Erit, saith he, obseruandum, causam Decimarum quandoque in his regnis (that is, France and Spain) tractari apud regios Auditores; nempè cum Laici contendunt Decimas ab eis exigi, quae legitima Temporis praescriptione (which is usually thought should be immemorial, and so is their 
d Alfonso de Azevedo in Reg. Constit. lib. 1. tit. 5. l. 5.  practice; although the most common time in other things be XL. years) minime debentur, & sunt remissae; denique conqueruntur contra morem & consuetudinem Decimas ab eis exigi. nam etsi condemnentur à judice Ecclesiastico nihilominus, ex quaerela, causa, retinetur apud Regia Praetoria. Siquidem & literae Regiae passim dantur à supremo Senatu ad id ut Laici non cogantur Decimas illas solvere quae solui legitimâ temporis praescriptione non consueverunt. And with him agrees Alfonso de Azevedo, that writes upon their Ordennanças Reales. But these kind of their prohibitions are grounded upon their Ordinances, forbidding Decimas a Laicis exigi, quae per consuetudinem contrariam non consueverunt solui, as Couarruuias says; and to that purpose was an Edict 
e Covarru. Var. resolute. lib. 1. c 17.  of their Charles the first (Emperor de fifth) at Toledo in M.D.XXU and another like of his at Madrid about three years after, and before four years were thence past, at Segovia, and another at Villadolid. And upon these oftentimes (says Alfonso de Azevedo) Writs of Prohibition go out to the Ecclesiastical judges, that proceed super novitate, to forbid that similes non permittant novitates, & processum causae Regio ipsi senatui originaliter mittant. Which agrees with the very words of the Ordinances 
f Recopilation de las leyes por mandado de Phil. 2. lib. 1. tit. 5. l. 6. , that speak of Nouedades in exaction of Tithes against custom. And one special use is there, that the Kings give their 
g Partida 1. tit. 20. leg. 11. & 〈◊〉 Lopez.  Personal Tithes to their own Chaplains attending on them.   

VIII.  
Neither hath the Canon Law wrought otherwise in Italy, but that there also particular Customs, as well of Non Decimando, as in the Modus, are frequent. Multis Italiae locis (says Caietan 
h Ad 2.2. q. 87. art. 1. sic & joh. Maior ad 3. sent. 37. dist. 36 quast. ) contingit ex consuetudine, that nothing at all is paid. And so is the practice there, for the most 
i Relation of the Religion used in the West parts, §. 39  part, at this day. the Parish Priests being sufficiently maintained by Manse and Glebe, and the revenues that are in some places paid, as according to a Modus. And of the Italians and others, where like Customs were, Aquinas thus; 
k Vide si placet Henric. Bowhic ad· extr. de dec c. pervonit. Et Antoniu. sum. part. 4. tit. 11. cap. de Decimis.  Haud laudabiliter ministri Ecclesiae Decimas Ecclesiae requirunt, ubi sine scandalo requiri non possint propter desuetudinem vel propter aliquam aliam causam. In Venice, says 
l Ad c●n aliquibus tit. de Decimis.  Panormitan, non in vita sed in morte soluuntur Decimae personales de omnibus mercantijs iocalibus & aliis mobilibus. And in the whole Signiory of Venice, as my Author 
m Francisc. Monabi●● in part. 1. Consil. 46. num. 51. edit. ●. Baptistae Caesaris.  delivers, no Parish Church hath through that name Decimas seu ius Decimandi, but only another Stipend or Quartesium (as they call it) de possessionibus seu terris consistentibus intra confines eorum curae. Neither have Infeodations of Tithes into Lay hands been less known in Italy, then elsewhere. For example, you may see the 
n Maria Anguis. sola edit. dict. part. 1 Consil. 49.50. etc.  case of the Mutij, a Noble Family of Piacenza, who had by immemorial prescription and confirmation by Bulls, an ancient Infeudation of all Tithes growing in the Territory of Verano, within the Diocese of Piacenza.  
By the 
o Constit. Sicul. lib. 1. tit. 7.  Ordinance of Frederique the second, about M.CC.XX in the Kingdoms of Naples and Sicily, a command is, That of all profits belonging to the Crown of those Kingdoms, a whole Tenth should be paid, and that every subject should truly pay all such Tenths as had been used to be paid in the time of William King of Sicily. Subiectis (are the words) nostris indicimus, ut Decimas quas de feudis & bonis suis antecessores eorum praedicti Regis Guilielmi tempore prestiterunt, venerabilibus locis, quibus Decimae ipsae debentur, cum integritate per soluant.  
In Germany, the Canonists note a Custom, that 
p Gl. & Pano●mitan. alij item ad c. in aliquibus tit. de Decimis.  pro Decimis soluunt certas mensuras sive Coloni aliquid recolligant, sive non. And this by their Law they allow, because it stands indifferent, whether the Church lose by it, or no. but also, some Lay men take Tithes of new improvements by right of their Lordships. Status Imperij saeculares (says a 
q Thomas Michael in lib. de juris. Conclus. 49.  judge of the Imperial Chamber) Decimas Novalium percipere iure Territorij possunt. Which the Clergy complained against, in a Diet at Norimberg, but in vain. And of 
r Zasius de s●nd. p. 4. & Vnlteius de Feuds, lib. 1. cap. 5. §. 13.  those Tithes, Infeodations are there made, at the pleasure of the owners, into Lay hands. Which was so in practice there also anciently, as is witnessed by an old 
s Hostiens. in sum. tit. de Dec. num. 13.  Canonist, that lived above CCC.LX years since; where disputing the question, Vtrum Laicus possit sine peccato Decimas percipere, and bringing the ordinary authorities for the negative part, he tells us, both for Germany and other Countries, in these words, In contrarium potest induci generalis consuetudo in Hispania & Francia & Burgundia & Alemania in plerisque locis. And in the County of Flanders an Edict was 
t Ord●nancion in Vlaenderen Bouck. 2. Rubric. 12.  made by Charles the fifth, dated at Malines in M. CCCCC.XX. which commanded, that no Clergy or Lay man pretending right to Tithes, should exact or sue for other Nowelles' Dimes altars qu'ilz & leur predecesseurs ont accustume prendre & avoir pass quarante ans & audessus. but that they should rest content with what was due only, according to the former use of payment, saving in case of new improvements, and such like, as it was explained by another Edict some ten years after. both together are the same almost as our Statute of 2. Ed. 6. And in the General Council of Lateran of M.CC.XU a relation is of some Nations, who although Christians, yet secundum suos ritus Decimas de more non soluunt; and, that other men leased their Land to them, because in regard of no Tithe being paid by them, the greater rent might be reserved; against which, remedy is there provided. The words are, In aliquibus regionibus quaedam permixtae sunt gentes quae secundum suos ritus Decimas de more non soluunt, quamuis censeantur nomine Christiano, etc. Whereupon Innocent the fourth, that might well know the meaning of the Council, living so near it, notes that the Christians, who by their own customs did not pay, were Greeks, Armenians, and the like. and 
* Summa part. 4. tit. ●1.  Antoninus expressly remembers the general non payment of them in the Eastern Church as a thing not to be censured to be against Gods Law. Neiher indeed have I met with any Canon Law of all that Church that ever commanded any thing touching Tithes.  
Among the Laws of Hungary, we find, Decimas 
a In Euchirid. Artic. Decret. Regni. Hungar. à Sambuco edito.  non soluunt Nobiles de proprijs terris, and Decimas non soluunt Rasciani, Rutheni, Valachi, and Decimas non soluunt judices propter laborem eorum circa decimandum. although for other persons generally they have strict Laws for payment of them.  
In the Statutes of Poland, it appears that 
b I. Herbort in Stat. Polonia lit. D. & jacob. Prilusius leg. Pola●. lib. 1. ●ap. 4.  about M.CCC.LXX. under K. Cazimir the second, the Clergy (especially for the Diocese of Cracow) made divers Laws (with his consent) upon great differences about the paying of Tithes. One in special is, that Tithe must be paid of all that increases through the labour of the Plough, exceptis Rapis, papavere, caulibus, cepis, allio, & quae his sunt similia in hortis. and Si quis ligonisando plantaverit, Decima ab eo nullatenùs exigatur. Some other particulars they have about paying Tithe of Hemp and Flax (which happens sometime to be more, sometime less than a Tenth; because the certainty is only from the number of beasts used to the plough) and of other things. whence it appears that the use of Tithing there is not consonant to the Canon Law. And Theodor Zawake delivers it for a Law of this Country, that Decimae ex terris vastatis accipi non debent, which I think is to be referred to a thirty years liberty of non payment given especially by Bodantza Bishop of Cracow, to such as were Tenants of Lands lately wasted by the Lituanians and Tartars which is declared in the Law, remaining at large in the Collections of Herbort and Prilusius. whither for more particulars I refer you.  
In the Laws of Suethland and Gothland, the Text 
c Ragwald. Ingemundi de jure Ecclesiastico, lib. 1. cap. 7.  is, Decimae separentur & reponantur in agro, quarum tertiam partem suscipiat presbyter, & de reliquis duabus partibus capiat Ecclesia tertiam partem. which I understand so, that the Parson is to have all saving a third part out of the two parts, which were to be employed on maintenance of the Church.  
In Scotland by a Law 
d Statut. David 2 cap. ●2. n. 3.  of David the second about M.CCC.XL. it was constituted that no man should hinder the Clergy in disposing Tithes: Sic quod suis Decimis possint pacificè & cum integritate gaudere, sub paena Excommunicationis, quoad Clerum. & Decem librarum penes Regem And Tithes there, have been (and in many 
e Vide Parl. 22. jac. 6. act. 9  places are paid) Parochially, yet also granted, altered, and disposed of by 
f Vide Parl. 9 jacob. 6. & 11. eiusd. cap. 29.  positive Law as in other Countries. in the late plantation of new Churches ordained by the last Parliament 
g Parl. 22. jac. 6. act 3.  there, manse and glebe and victual are assigned for maintenance to the Rectors, but not Tithes. And after the Statut of Annexation in the eleventh Parliament of our present Sovereign, whereby Church revenues (saving Parochial Tithes, Manse and small glebe, and some other special possession) were resumed to the Crown, an Act was made in the Parliament 
h Parl. 12. jacob. 6. cap. 1●9.  following against a kind of infeudations (which they call erections of temporalties and teindes of Kirkland into temporal Lordships, saving such as had been before erected. And for the particular course of setting out payment of Tithes some special Laws of late time they have in Scotland, and in the other States before spoken of▪ but they belong not so much hither, being not of the essential part of the practice of payment nor of the received right of Tithes. therefore I wholly omit them. One example of an Appropriation in Scotland may be here not untimely added, which falls about the year M.CC.XC. and shows a kind of arbitrary disposition (even at that time) of Parochial Tithes of lands lying there, in a conveyance of a lay man's made to the Monastery of Giseburn in Yorkshire. The Grantor was that Robert de Bruis, afterward King, & one of the Ancestors of our Sovereign. The Original thus speaks. 
i servatur autographum in Thesauro Cottoniano's  Omnibus ad quos presens scriptum pervenerit Robertus filius Roberti de Brus Dominus Vallis Anandiae salutem in Domino sempiternam Noverit universitas vestra me concessisse & praesenti scripto confirmâsse Deo & Ecclesiae Sanctae Mariae de Giseburn & Canonicis ibidem Deo seruientibus & seruituris, Ecclesiam de Anand cum terris, Decimis, & possessionibus ad eam pertinentibus & Ecclesiam de Logmaban cum terris Decimis & possessionibus ad eam pertinentibus, & Ecclesiam de Kirkpatric cum Capella de Logan & omnibus suis pertinentijs & Ecclesiam de Rainpatric & Ecclesiam de Cumbartres & Ecclesiam de Gre●enhowe cum omnibus pertinentijs earum; Tenendum & Habendum Deo & praefatis Canonicis & eorum successoribus liberè quietè & honorifice, Ita quod liceat eis perpetuis temporibus de Decimis praedictarum Villarum, libere disponere & ordinare pro voluntate sua, & cuicunque volverint eas ad firmam dimittere dare vel vendere, & alio quocunque modo volverint & ubicunque volverint commodum suum facere sine Impedimento mei & haeredum meorum & hominum nostrorum, etc. The seal, in green wax, annexed to it, hath impression of a Knight armed and mounted, as for present onset in the wars, & is circumscribed with Esto Ferox ut Leo.  
How the Laws of Ireland stand for Tithes, is best seen in the Statutes of that Country of 28. Hen. 8. cap 17. of dissolutions, and 33. Hen. 8. cap. 12. of payment according to ancient custom and recovery of Tithes, after the dissolution, given into lay hands, in like manner as in England. And here may be no unfit place to remember that ancient Law ordained by 
k Rot. Pat. 14. Hen. 3. membr. 4.  Henry the third, within the Archbishoprique of Dublin, whereby it was commanded that every man non expectato mandato Regis vel assensu, de gurgitibu● & Piscarijs, Ecclesijs in quarum Parochijs sunt praedicti gurgites vel piscariae, Decimas soluant. quia R. non vult in periculum animae suae, huiusmodi Decimas detineant. We purposely omit particular mention of such of the reformed Churches, as in this last age have brought their ministery to stipends, and altered almost all the former practice of Ecclesiastic policy. For the practice of payment, and other disposition of Tithes, and for the Laws, and Opinions, touching the right of them, thus much. But whatever this Kingdom of England might have specially afforded, for Laws and practice of Tithing, shall by itself, in its own singular order, be next delivered.    

CAP. VIII. The Laws of England made in the Saxon mycel synods or ƿitenagemotes, in Parliaments, and in the councils here held either national or Provincial, or by the Pope, for the due payment or discharge of Tithes in this Kingdom. Petitions or Bills in Parliament touching them, are inserted. all in their course of time.  
MOst of the English Laws, Constitutions, and Bills in Parliament, that are reserved to this place and here collected, were originally written in Saxon, Latin, or French. and the Saxon, for the most part, were anciently (but it seems since the Norman conquest) turned into a barbarous latin that yet better shows their meaning then a purer. Such as are found in Latin only I have faithfully delivered according to the Copies that gave them. Neither durst I suspect that any Reader fit for the matter should need an Interpreter. no otherwise have I done in what is of the old French; it can hardly be any thing but inexcusable sloth, that can trouble any Reader (that is fit also for the matter) in the understanding it. But in regard the old Saxon is known at all to few, and that hardly any better interpretation of the Laws written in that language can be then the old barbarous Latin, I have joined always (where it might be) both the Saxon and the Translation. To have left out the original, had prevented some freedom of the Readers judgement, and tied it to the translators. to have added no translation, had been as a purpose to have troubled even the fittest Readers with a strange tongue; which also to have otherwise interpreted, had been but to envy them the help of those Ancients (that had better means to▪ know the interpretation of those Laws) and so make them look only as through spectacles of mine new made. I was willing to give all (as the course of the collection would permit) that herein might help to make a ground of free judgement. yet also where I see cause of note I add it, but refer all to able censure. The Laws and Constitutions thus succeed.  

I.  
An ancient 
r Ms. in Biblioth. Cottoniana.  collection of divers Canons written about the time of Henry the first, with this inscription of equal age; Incipiunt excerptiones Domini E●gberri Archiepiscopi Eburace Civitatis, de iure Sacerdotali, hath these words, Vt unusquisque Sacerdos cunctos sibi pertinentes erudiat ut sciant qualitèr Decimas totius facultatis Ecclesijs divinis debitè offerant. and immediately follows, Vt ipsi Sacerdotes à populis suscipiant Decimas; & nomina eorum, quicunque dederint, scripta habeant, & secundum autoritatem Canonicam coram testibus dividant, & ad ornamentum Ecclesiae 
l Vide supr. cap. 6. §. 3.  primam eligant partem, scundam autem ad usum pauperum atque peregrinorum per eorum manus misericorditèr cum omni humilitate dispensent; tertiam verò sibimet ipsis Sacerdotes reseruent. If the credit of this be valued by the inscription, then is it about DCCC.L years old. For, that Ecbert lived Archbishop of York from the year DCCXLIII. to DCC.LXVII. But the authority of that Title must undergo censure. Who ever made it, supposed, that Ecbert gathered that Law and the rest joined with it out of some former Church Constitutions, neither doth the name excerptiones denote otherwise. But in that collection some whole Constitutions occur in the same syllbles as they are in the Capitularies of Charles the Great, as that of unicuique Ecclesiae 
m Ansegis. lib. 1. cap. 91.  unus mansque integer, etc. and some others which could not be known to Ecbert that died in the last year of Pipin father to Charles. how came be then by that? and how may we believe that Ecbert was the author of any part of those Excerptions? unless you excuse it with that use of the middle times which often inserted into one body and under one name Laws of different ages. but admit that. yet what is secundum Canonicam autoritatem coram testibus dividant? The ancientest Canonica autoritas, for dividing Tithes before witnesses, is an old Imperial, attributed in some Editions 
o Edit. Viti Amerba●hij. cap. 7.  to the XI. year of the reign of Charles the great, being King of France, in others 
p Leg. Longobard. lib. 3. tit. 8. , to the Emperor Lothar the first. But refer it to either of them, and it will be divers years later than Ecbert's death. And other mixed passages there plainly show, that whose soever the Collection was, much of it was taken out of the Imperial Capitularies, none of which were made in Ecbert's time. Perhaps, the greatness of his name was the cause why some later Compiler of those Excerptions might so inscribe it, to gain it authority. for he was both brother to Edbert King of Northumberland, and the first also that, after Paulinus, restored the name of Archbishoprique, and the Pall, to York. And the heads of a Synod held in Ecbert's time, under King Ethelbald, and Cuthbert Archbishop of Canterbury, are yet extant; but not any express mention is found in them of Tithes, although most of the particulars of Church-government are touched there.   

II.  
The authors of the Centuries 
q Conaur. 8. cap 9 pag. 583. edit. Basil. 1567.  have a Synod held in the year D. CC.LXXXVI. under two Legates sent from Pope Hadrian the first with letters, for reformation and establishing of Church Laws, to Offa King of Mercland, and Aelfwold King of Northumberland, and to the two Archbishops. the particulars of the Synod are related in an Epistle to the Pope from those Legates (which were the first that had so come from Rome hither after Augustine) wherein it is related, that Gregory Bishop of Ostia, one of the Legates, went into Northumberland, and Theophilact Bishop of Todi, the other, to Offa, who with Kenulph King of West-Saxonie, called a Council for the Southern patt, as Aelfwold for the Northern. Gregory says, That in the Northern parts ad diem Concilij convenerunt omnes Principes Regionis tam Ecclesiastici quam seculares; and after many Institutions of Canon Laws there, the XVII. Chapter is, de Decimis dandis sicut in Lege scriptum est: Decimam partem ex omnibus frugibus tuis seu primitijs deferas in Domum Domini Dei tui Rursum per Prophetam: Adferte, inquit, omnem Decimam in horreum meum ut sit cibus in domo mea, & probate me super hoc, si non aperuero vobis cataractas coeli & effudero benedictionem usque ad abundantiam, & increpabo pro vobis devorantem qui comedit & corrumpit fructum terrae vestrae, & non erit ultra vinea sterilis in agro dicit Dominus. sicut sapiens ait: Nemo iustam Eleemosynam de his quae possidet facere valet, nisi prius separaverit Domino quod à primordio ipse sibi reddere delegavit. Ac per hoc plerumque contigit ut qui Decimam non tribuit ad Decimam revertitur. unde etiam cum obtestatione praecipimus, ut omnes studeant de omnibus quae possident Decimas dare; quia speciale Domini Dei est; & de novem partibus sibi vivat & Eleemosynas tribuat. Et magis eas in abscondito facere suasimus quia scriptum est; cum facis Eleemosynam, noli tuba canere ante te. The authority of this Canon, may be known out of what is there further added. Haec Decreta, beatissime Papa Hadriane, in Concilio publico coram Rege Aeelfwaldo & Archiepiscopo Eanbaldo & omnibus Episcopis & Abbatibus Regionis seu Senatoribus Ducibus & populo terrae proposuimus; & illi ut superiùs fati sumus cum omni devotione mentis juxta possibilitatem virium suarm, adiwante supernâ clementia, se in omnibus custodire denoverunt, & signo Sanctae Crucis in vice vestra, in manu nostra confirmaverunt, & posteà stylo diligenti in Charta huius paginae exaraverunt signum Sanctae Crucis infigentes. Then follow some subscriptions of Bishops, Et His quoque saluberrimis admonitionibus, Presbyteri, Diaconi Ecclesiarum, & abbots Monasteriorum, judices, Optimates, & Nobiles uno opere, uno ore consensimus & subscripsimus. After this so concluded in the Northern state, the same Legate, together with Maluin and Pyttell, Ambassadors from Aelfwold, take with them all those Decrees and Canons, and go to the Council held under Offa for the Western parts, Vbi (as the words are) gloriosus Rex Offa cum Senatoribus terrae una cum Archiepiscopo jaenberchto (some call him Lambert) Sanctae Ecclesiae Dorovernensis (that is, of Canterbury) & caeteris Episcopis Regionum convenerat, & in conspectu Concilij clarâ voce singula capita perlecta sunt, & tam Latinè quam Teutonicè (that is, in English-Saxon, which then was the self-same with Dutch or Teutonique) quo omnes intelligere possent, dilucidè reserata sint: qui omnes consona voce & alacri animo gratias referentes Apostolatus vestri admonitionibus (the Legates so write to the Pope) promiserunt se divino adminiculante favore juxta qualitatem virium promitissimâ voluntate in omnibus haec statuta custodire. And Offa and his Bishops, Abbots, and some Princes subscribe with the Cross to it. What Copy of this Synod the Centuriators had, or whence they took it, I find not. But if it be of good authority, it is a most observable Law to this purpose. being made with such solemnity by both Powers of both States, of Mercland and Northumberland, which took up a very great part of England; and it is likely, that it was made general to all England. In the relation of the Legates to the Pope, mention is of Kenulph King of West-Saxonie, his joining with Offa in calling the Council. but the confirmations of the Decrees have no reference to him▪ But, by the way, if you examine it by story and Synchronisme, Kenulph perhaps could not have at all to do with it. For some of our old Monks expressly affirm, That in the second year 
r Henric. Huntingdon, lib. 4. pag. 197. & Reg. de Houed. p. 235. edit. Lo●din. sed vide etiam Rog. de Hou●den, sub ann. 786. & Acthelwerd lib. 2. cap. 20. & Flor. Wigorn▪ sub ann. 785.  of Brithric, next successor after kenulph's death, Pope Adrian sent his Legates in Britanniam ad renovandam fidem quam praedicaverat Augustinus. And that they then held their Synod at a place called Cealchithe. how could Kenulph be there then, as the Legates relate? Believe the Monks as you will. but indeed, an exactness here is not easy extracted out of the disturbed times of our Chronicles. They talk also of a Synod held in Wicanhale for the North parts, a year or two after. Doubtless they intent this same that is extant in the Centuries; if at least it be of sufficient credit. Neither can it be suspected by any circumstance in the subscriptions; which being so many, might have by chance soon got among them a character of falsehood, had it not been genuine. In the printed Hoveden, Gregory, one of the Legates, is called Georgeus, perhaps for Gregorius. but my Ms. hath also Georgius. But if Henry of Huntingdon and Roger of Hoveden give us the time right of the Legates coming hither, then is that mention of Kenulph, in their supposed Epistle to the Pope, a plain character of falsehood, or ignorance, in some transcriber; who also, in one place, hath Oswaldus for Aelfwaldus King of Northumberland. But those which speak of that Synod of these Legates, seem to suppose it extending through the whole Kingdom. See also §. VIII.   

III.  
In the 
s Vide Fad. Edovard. & Guth●uni edit Lambard. cap. 6.  Laws made between K. Alfred and Guthrun the Dane (to whom the Provinces of East-Anglia and Northumberland were given to hold of the Crown) and renewed also between the same Guthrun and K. Edward, son to Alfred, about the year D.CCCC. this occurs, give hƿa Teoþunge forheold, gylde lashlite mid Denum, ƿite mid Englum, that is, as the old Latin Translation hath it, Si quis Decimam contrateneat, reddat Lashlite cum Dacis, Witam cum Anglis. Lashlite denotes the Danish common forfeiture, which, as it is thought, was in most offences XII. Oars (that was commonly XX. shillings, for XX. pence made an Ore commonly; and sometime, according to the variation of the Standard, 
t Vide Regist. Burton. apud Camden. in Belg. pag. 186. edit. Lat.  XVI. pence was an Ore. But in Oxfordshire specially, and Glocestershire in Doomsday, XX. go to an Ore) as the English common forfeiture, or the Wite, was XXX. shillings. The occurrence of these two names, is frequent in the Saxon Laws; and it may seem by this, that some other Law preceded for the payment of Tithes, or else that the right of them was otherwise supposed clear. For the authority of this and the rest comprehended in those of Alfred and Guthrun, observe that in their title; & ða ƿitan eac ðe syþþan ƿaeron, oft & Unseldan ꝧ sealf ge●●ƿodon & mid good gehyhton, that is, and the Wisemen (or the Baronage) of succeeding times very often renewed that Council of theirs, and in bonum adduxerunt, as in the old Translation those last words are turned.   

four  
It is reported of King Aethelulph, that in the year D. CCC.LV. Decumavit (as Ethelward writes) de omni possessione sua in partem Domini & in universo regimine sui principatus sic constituit. The words of his Charter, whereby he did it, are, Cum Concilio Episcoporum ac Principum meorum Consilium salubre atque uniform remedium (he means remedy against those miseries which the English had endured by Danish eruptions) affirmantes consensimus, ut aliquam portionem terrarum haereditariam antea possidentibus omnibus gradibus sive famulis & famulabus Dei Deo seruientibus, sive Laicis miseris semper Decimam 
u ●. hydam, s●u s●●●liam.  mansionem ubi minimum sit, tum Decimam partem omnium bonorum in libertatem perpetuam donari Sanctae Ecclesiae dijudicavi, ut sit tuta & munita ab omnibus saecularibus seruitutibus etc. So is it reported in the Abbot of Crowlands' History, and varies not much in William of Malmesburie, and Nicholas 
x Ms. in Biblioth. Cottoniana.  of Gloucester, who both have it also at large. But in Matthew of Westminster, no other Decima is mentioned in it, then Decima terrae Meae. Out of the corrupted Language, it is hard to collect what the exact meaning of it was. How most of the Ancients understand it, is best known by the words wherein they sum it. Ingulphus thus of it; Omnium Praelatorum ac Principum suorum qui sub ipso, varijs Provincijs totius Angliae praeerant, gratuito consensu tunc primò cum Decimis omnium terrarum ac bonorum aliorum sive catallorum universam dotavit Ecclesiam Anglicanam per suum Regium Chirographum. And he tells us further, that Aethelulph, in the presence of his Baronage, at Winchester, offered the Charter upon the Altar, and the Bishops received it, & sent it to be published in every Parish Church through their Diocesos. In Florence of Worcester it is in these words abbreviated. Aethelulphus Rex Decimam totius Regni sui partem ab omni Regali seruitio & tributo liberavit, & in sempiterno grophio in Cruse Christi pro redemptione animae suae & antecessorum suorum uni & trino Deo immolavit. So also Roger of Hoveden. An old French fragment of the 
y Ms. ad calcem Nich. Glocest. in Bibl. Cotton.  English History says, that he dismast lafoy dime hide de tute Westsaxe, and that it was pur pesire & vestre les powres. The old Archdeacon of Huntingdon thus; Totam terram suam ad opus Ecclesiarum decumavit propter amorem Dei & redemptionem sui. And in the rhythms of 
z In Bibl. Cotton. & apud V. C. Tho. Alien. Oxon.  Robert of Gloucester. 
The King to holy church thereafter ever the more drew,  
And tithed well all his land, as he ought, well enough  If we well consider the words of the chiefest of these Ancients, that is, Ingulphus, we may conjecture that the purpose of the Charter was to make a general grant of Tithes payable freely and discharged from all kind of exactions used in that time, according as the Monk of Malmesburie, & 
a Ms. in Biblioth. Cottoniana.  john Pike in his supplement of the History of England, express it. Decimam, say they, omnium hydarum infra regnum suum à tributis & exactionibus regijs liberam Deo donavit. that is, granted the Tithe of the profits of all Lands, free from all exactions. for, the granting of the tenth part of the Hides or Plough-lands, denotes the tenth of all profits growing in them, as well as Decima acra sicut aratrum peragrabit, which is used for tithing of the profits, in the Laws of K. Edgar, Ethelred, and Knout, and accordingly also is this, of Ethelulph, related in the Saxon 
b Msss. in Bibl. Cottoniana.  Chronicles of Peterborough, Canterbury, and Abingdon. he did tithe his lands ofer all his rice good to loaf etc. as the words are. that is, his Lands over all his Kingdom etc. and doubtless Ingulphus no otherwise understood it then of perpetual right of Tithes given to the Church, where he remembers it by tunc primo cum Decimis etc. So that the tithe of predial or mixed profits was given, it seems, perpetually by the King with consent of his States both Secular and Ecclesiastic, and the tithe of every man's personal possessions were at that time also expressly included in the gift, because (it seems) before that, the payment of all Tithes had commonly been omitted. The ancientest of Writers that hath the Charter whole is that Ingulphus: but questionless it is much corrupted especially in that of portionem terrarum hereditariam antea possidentibus omnibus gradibus. for what may that signify? But in Matthew of Westminster it is farthest from depravation of language; where, after portionem, follows terrae meae Deo & Beatae Mariae & omnibus Sanctis iure perpetuo possidendam concedam; Decimam scilicet partem terrae meae ut sit tuta etc. the privilege or liberty annexed to it is, that it should not be only free from all taxes and exactions used then in the State, but also from that 
c Vide, si placet, Tit. Honor. part. 2. pag. 301.  trinoda necessitas (whereto all Lands whatsoever, were subject although otherwise of most free tenure) by which they meant their expeditio or military service, pontis extructio, & arcis munitio. this freedom of that time you must it seems so interpret, that every man was from henceforth to be valued in all Subsidies and Taxes according only to his nine parts of his Lands and profits; and the profits of the tenth being due to the Church, were both in his and their hands hereby discharged from all payments and taxes whatsoever. But should it be understood only for a particular consecration to the Church of one time, and of the Land 
d Sic intell●git, ni fallor, Foxus Hist. Eccles. Angl. pag. 123.  itself to be possessed by the Clergy or employed to other good uses of charity, than had it no more due place here among the Laws of Tithes, than the story 
e Camden. In Belgis, ●ol. 173.  of Robert Earl of Gloucester his giving every tenth stone (of his provision for the building of a tower near to Bristol) to the erecting of a Chapel, or Edward 
f Idem, pag. 308. in Irinobantibus.  the Confessor his building Westminster Abbey with the tenth of one years revenue, or 
g Polydor. Virgil. Hist. Angl. lib. 4.  Offa's giving the Tithe of his estate to the Clergy and the Poor, or the like. But I conceive it as is before declared. It is fit to add here also another of Ethelulphs' grants or Constitutions by the parliamentary consent of that time, made to like purpose; and that at large, because it is not in any published author. In the 
h Mss. in Bibl. Cotton.  Chartularies of the Abbey of Abingdon it occurs in the one, with the title of Privilegium Aethelwlfi Regis, in the other with Quomodo Adelwlfus Rex dedit Decimam partem regni sui Ecclesijs. then follows the Charter or Constitution. Ego Aethelulf gratia Dei Occidentalium Saxonum Rex in sancta ac celeberrima Paschali solennitate, pro meae remedio animae & regni posteritate & populi ab omnipotenti Deo mihi collati consilium salubre cum Episcopis, Comitibus, & cunctis Optimatibus m●is perfeci ut Decimam partem terrarum per regnum nostrum non solum Ecclesijs darem, verùm etiam & Ministris nostris in eadem constitutis in perpetuam libertatem habere concessimus, ita ut talis donatio fixa incommutabilisque permaneat ab omni regali seruitio & omnium secularium servitute absoluta. Placuit autem Aelhstano Episcopo Scirburnensis ecclesiae & Swithuno Wentanae Ecclesiae Episcopo, & Ducibus communiter. Hoc autem fecimus in honorem Domini nostri Ihesu Christi & beatae semper Virginis Mariae & omnium Sanctorum & Paschalis festi reverentiam, ut Deus omnipotens nobis & nostris posteris propitiari dignetur. Scripta est autem hac Cartula anno ab incarnatione Domini nostri Ihesu Christi DCCC.LIV. indictione II. die Paschali, in Palatio nostro qui dicitur Wiltun. Qui autem augere volverit nostram Donationem augeat omnipotens Deus dies eius prosperos. si quis vero minuere vel mutare praesumpserit, noscat se ante tribunal Christi redditurum rationem nisi prius satisfactione emendaverit ✚. Ego Aethelwlf Rex ✚. Ego Aelhstan Episcopus ✚. Ego Swithun Episcopus ✚. Ego Wlflaf Abbas ✚. Ego Werferd Abbas ✚. Ego Ethered & ego Alfred filii Regis consensimus. the ancientest hand wherein this is written in the Chartularies, is of about Henry the second his time. and for the credit of it, you must rely upon those Chartularies. It differs in date both of place and time from the other. this is dated at Wilton, that at Winchester. this in DCCC.LIV. the second Indiction at Easter. that DCCC.LV. and in some, the fourth Indiction, and in others, the third in November. such a difference of Indictions may well be, if the authors that deliver it, added that note for the time that they conceived it to be made in, not for the very Characters of the Date of the Original instrument. for, November falling in the fourth Indiction imperial, may be of the third Indiction Pontificial. the one beginning in September, the other in December following. that difference is in the relations of it between Florelegus and the Abbot of Crowland. and the Abbot perhaps reckoned by the Pontificial Indictions, and the other Monk by the Imperial. if at least their Copies be not corrupted. But whereas in Malmesbury the date of that first Charter is DCCC.XLIV. Indict. JU.U. Nonas Novembris. plainly it is false, neither could that Indiction be in the Character of the year DCCC.XLIV. which fell in the seventh Indiction.   

V.  
In a Volume 
Ms. in Biblioth. Cottoniana cap. 65. & variis causit.  that belonged to the Abbey of S. Augustine's in Canterbury, titled Statuta Synodorum, written in a hand of about DCCCC. years after Christ, or somewhat more, one Paragraph is de Decimis. But the mosaical commandment (for few of the judicials of Moses are wanting in it) & a passage in S. Augustine are the only authorities brought for them. No Council or positive Canon is mentioned in it to that purpose; although for other things, Synodus Romana, Synodus Auraicensis, Narbonensis, and very often Synodus Hybernensis oecur in it. The authors used, by him that compiled it, are S. Augustin, S. Hierom, S. Gregory, and Isidore, (which were in those middle times the 
k Quod elitera fa. e●t ex Leonis Epist. in Dist. 20. cap. 1.  chief, almost the only Fathers of the Church that were read) and sometimes Gildas and S. Patrick. whence it may seem that it was collected by some Briton or Irishman. and certain Canons of that Abbot Adomann spoken of by 
l Eccles. Hist. lib. 5. cap. 1●.  Bede, are annexed to it. Neither did the Author of it doubt but that he had all the councils of credit that preceded him, as his own testimony in his Preface justifies. there, after a short relation of the IV. most known and generally received, of Nice, of Constantinople, of Ephesus, of Chalcedon, he adds: Hae sunt quatuor Synodi principales fidei Doctrinam plenissimè praedicantes. sed & si qua sunt Concilia quae sancti Patres spiritu & divino pleni sanxerunt post istarum quatuor autoritatem, omni manent stabilia vigore, quorum gesta in hoc opere condita tenentur. But to the same Volume is joined another Collection, with this inscription; Incipiunt Pauca judicia quae desunt de supradictis, in which the old Canons of Rome (that is, the Codex Romanae Ecclesiae, or some other in the nature of it, which was received into these Northern parts, as a Director of the Church, in the eldest times of Christianity here, as you may see in our 
m Protuli eundem librum Canonem, ait Theodorus Cant. Arch. in Concil. circa ann. 670. apud Hertford celebrato. Bed. Hist. Eccles. lib. 4. cap. 5.  ancientest church-story) is cited, and divers authorities out of those Fathers and a few of the elder councils. But, no denominated Pontificial or synodal is remembered there for Tithes. Only the Texts of Moses for Tithes, first Fruits, the first Born, and such more are numbered together; and then follows a Chapter de Divisione Decimarum, with this declaration: Lex dicit; ipsi Sacerdotes populi suscipiant decimas, & nomina eorum, quicquid dederint, scripta habeant & secundum autoritatem Canonicam etc. in the self same words as are before attributed to the Excerptions of Ecbert. The exact age of those Statuta Synodorum, appears not. But they were collected about K. athelstan's time. at least, than was the Copy that remains of them written, as may be coniecturd alone (if other reasons failed) from the similitude twixt the Character found in them and that of the Text of the holy Evangelists, which King Athelstan caused to be fairly written, and consecrated to S. Cuthbert. That text with those Statuta are both yet preserved from the injury of time, among those inestimable monuments of that noble Knight Sr Robert Cotton. For those Pauca judicia that follow; they are of a later hand than the Statuta; but of what time, it sufficiently appears not. That Lex dicit in them may be referred to the Canon 
n Sup. §. 1.  related out of the Excerptions of Ecbert. but whence that Canon is originally, I have not yet learned.   

VI  
King Athelstan 
o Leg. Aethelst. edit. à Lambardo.  about the year DCCCCXXX. by advise and consent of the Bishops of the Land, made a general Law for predial and mixed Tithes, in these words. Ic AEþelstane cyning mid geþeahte ƿulfhelmes mines hihbisceipes. & oþra minra bisceopa bebeode eallum minum gereafum ðuph ealle mine rice (on þaes drihtaenes nama. & ealra halgena, & for mine lufu) ꝧ high aerost mines agenes ðam teoþe gesyllaþ. ge ðaes libbendes ryfes. ge ðaes gearlice ƿestmes; 
p In Ms Cottoniano's inseruntur illic haec verba: sƿa man rightast maege. oððe gemetan, oððe gestellan, oððe ƿaegan. i. in the justest way that may be; either by measure, number or weight.  & ꝧ ilce gedo eac ða bisceopas heora geƿhilcra. & eac mine ealdormanna. & gereafa; & ic ƿille ꝧ mine bisceopes & gereafa ðaes demaþ eallum ðe hio gehyrsumian gebyraþ. & ꝧ ilce to þam tie fulfremaþ ðe ƿe hio settaþ. & þaes sie to ðaem daeg ðaer beheafdunges saint johannes þaes fulhteres; which is anciently thus turned 
q In Historia jornallensi Ms. in Bibl. Cotton.  into Latin. Ego Athelstanus Rex Consilio Wulfhelmes Archiepiscopi mei & aliorum Episcoporum meorum mando praepositis meis omnibus in toto regno meo, & praecipio (in nomine Domini & Sanctorum omnium & super amicitiam meam) ut inprimis de meo proprio reddant Deo Decimas tam in vivente captali quam mortuis frugibus terrae. & Episcopi mei similitèr faciant de suo proprio & Aldermanni mei, & Praepositi mei. Et volo ut Episcopi & Praepositi mei, hoc iudicent omnibus qui eis parere debent, & hoc ad terminum expleant quem eis ponimus, i. decollatio S. johannis Baptistae. and the example of jacob, with a Text or two out of holy Writ and S. Augustin, is added to move devotion. That translation agrees wholly enough with the Saxon, saving in those words mortuis frugibus; the Saxon being yearly fruits, which also another 
r Vet. Leg. ibid. Ms.  Copy of this translation expresses by ornotinis frugibus, corrupted plainly from hornotinis frugibus, i. the fruits of one and the last year, or the yearly increase. and perhaps some ignorant Monk finding ornotinis, and not understanding it, because he would be sure to square it to his own ability of learning, made it mortuis. which kind of changing hath examples enough in bold but ignorant Criticism. that which the old Translator calls vivens captale, is, libbendes yrfes i. living cattle, in the Saxon; which hath often 
s Ina Leg. cap. 37.40. & 42.  ceap also for chattels, and sometimes specially for living cattle, but the old 
t In dicta historia jornallens. Ms.  Latin of the Saxon Laws turns ceap also into captale, whence cattalla is like enough to have descended. and the first stock of cattle which by King Ina's 
* Cap. 38.  Laws was to be given to Orphans, was called frumstole in Saxon, but primum captale in the old translations. In Brampton's 
u Dict. Hist. Iornall●nsi.  History (which is full of the Laws of the Saxon times) after those constitutions of Grateley, part of which are in Lambard's 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, follows a thankful acknowledgement to K. Athelstan for this Law of Tithes, in these words. Karissime; Episcopi tui de Kent & omnis Kentsirae, Thayni, Comites & villani tibi Domino dulcissimo suo gratias agunt, quod nobis de pace nostra praecipere volusti, & de commodo Nostro perquirere & consulere; quia magnum opus est inde nobis divitibus & egenis. Et hoc incepimus, quantâ diligentiâ potuimus, consilio horum sapientum quos ad nos misisti. unde, Karissime Domine, primum est de nostra Decima, ad quam valdè cupidi sumus & voluntarij & tibi supplices gratias agimus admonitionis tuae.   

VII.  
About D. CCCC.XL. Edmund King of England in a Micelne Synod, that is, a great Synod, or Council, a kind of Parliament, both of Lay and Spiritual men (which are expressed by godcundra and ƿorldcundra) held in Londan, made this 
x Leg. Edmund. apud Lambard. cap. 2.  Act. Teoþungum ƿe bebeodaþ aelcum Cristenum men be his Christendom. & cyricsceat, & aelmesfeoh; give hit hƿa done nylle. ry he amansumod. Which is anciently 
y In Dict Hist. jornallinsi.  turned; Decimam praecipimus omni Christiano super Christianitatem suam dare; & emendent Cyrycsceatum i Ecclesiae censum, & aelmesfeoh i Eleemosynae pecuniam. si quis hoc dare noluerit, excommunicatus sit. And all agrees with the Saxon, saving only, that nothing answers to the word emendent. That Cyrycsceat is a Church-rent of Corn, or the first fruits of Corn yearly in those times, and regularly payable at S. Martin's day to the Church 
z Videses Ina leg. cap. 4. & 62. & apud Malmesbur. lib 2. c 11. Cnutonis R. Epist. ad Anglos. & Lambard. in explic. verb. in Primitiae. & Canuti leg. c. 10. & Edgari leg. cap. 2. & 3. ; and is sometimes written Curcscet; sometimes otherwise. And in an old Ms. Exposition of Law-terms, occurs, Cherchesonde, une measure de Ble que checun homme soleit enuoier a saint Esglise en temps de Bretons. Plainly, Church-Corn is understood; and Cyrksceat, that is, Church-rent is the original whence Cherche sonde is there corrupted. And among Articles 
a Annal. Monast. Burtonens. Ms. apud V.C. Thom. Allen. Oxoniens.  inquirable by every Escheator in 44. Hen. 3. about the Profits, Estate, Tenue, and Issues of the King's Tenants, one is of Cherchescot tam in blado quam in Gallinis, & in aliis exitibus. It is Circset often in the book of doomsday. Where it is found belonging sometimes to Abbeys, sometime to Parish Churches, sometimes to others. It was still as first fruits. And this old testimony is for the antiquity and continuance also of payment of it here. Churchesset 
b ●leta Ms. lib. 2. cap. 47.  certam mensuram bladi tritici significat quam quilibet olim sanctae Ecclesiae die sanctae Martini tempore tam Britonum quam Angloram 
c Supple seluebant. : Plures tamen Magnates post Normannorum adventum in Angliam illam contributionem, secundum veterem Legem Moysi, nomine primitiarum dabant, prout in brevi Regis Knuti ad summum Pontificem transmisso continetur, in 
d ●. quo.  quibus illam contributionem appellat Chirchsed, quia semen Ecclesiae. But what the Author means by that Letter or Brief of King Knout, sent to the Pope, I as little know, as why he cities that for authority to prove what the Baronage did after the Normans. Indeed, an Epistle is 
e Apud G. Mal. mesbur. lib. 2. c. 11.  extant, which Knout sent into England (by Living Abbot of Tauis●ok) as he was taking his journey homeward from the Pope. and therein, mention is of this Curc scet. of any other I am yet ignorant. That Aelmesfeoh, or Almes-money, was the Peeter-pences, due yearly at the first of August, by institution, as some will, of King Ina, as others, of King Aethelulph. And they were called also Romefeoh, Romescot, Heorþpening.   

VIII.  
Of the same time, some Constitutions are extant, 
f Ms. compact. In Vol. quod Codex Eccles. Landau. diettur in Bibl. Cotton.  made by Odo Archbishop of Canterbury (yet not, for aught appears by them, in a Synod) with this Preface, Ego Oda humilis & extremus divina largiente clementia, almi Praesulis & Pallij honore ditatus, quaedam documenta omni Christicolâ non indigna, quae à praecedentibus illustrium virorum Praeceptis certissima comperi, ad consolationem Domini mei Regis scilicet Aetmundi omnisque populi excellenti Imperio eius subiecti, in ista cartula, coadunare decrevi. unde devotissimè obsecro & clementissime hortor audientum mentes ut si quando haec recitanda audiant interiùs videlicet & in cord, frequenti meditatione plantent, & multiplici bonae operationis munere ex eo fructum pacatissimum in tempore messis sibi colligant. Primo capitulo praecipimus & mandamus ut Sancta Dei Ecclesia etc. And so goes on with some particulars which belong to Church-discipline; the X. and last Chapter being only for Tithes in these words. X. Capitulo mandamus & fidelitèr obsecramus de Decimis dandis sicut in Lege scriptum est. Decimam partem ex omnibus frugibus tuis seu primitijs deferas in domum Dominij Dei tui. Rursum Propheta, Afferte, 
g Malach. 3.  inquit, omnem Decimam in horreum meum, ut sit cibus in domo mea & probate me super hoc si non aperuero vobis cataractas coeli & effudero benedictionem usque ad abundantiam & increpabo pro vobis qui comedit & corrumpit fructum terrae vesirae. & non erit ultra vinea sterilis. unde & cum obtestatione praecipimus ut omnes studeant de omnibus quae possident dare Decimas; quia speciale Domini Dei est; & de novem partibus sibi vivant & Eleemosynas tribuant. Where note, the syllables are of that which in the Centuries is referred to an English Council of D. CC.LXXXVI. before in §. II. For this of Odo, although no express Occurrence denote, that it was in a Council, yet you may much incline to believe it was in one, if you compare it with 
h De gest. Pontis. lib. 1. fol. 114. a.  what you find in the Monk of Malmesburie of him.   

IX.  
King Edgar about the year D. CCCC.LXX mid his ƿitena geþeahte, that is, with the advise and counsel of his Wisemen, or Baronage, ordained, That the Church should enjoy all her Liberties, 
& 
i Leg. Edgari cap. 1.2 & 3. apud Lamb.  man agyfe ylce aelc teoþunge to þaem ealdan minster ðe seo hyrnesse to hyrþe; & si þonne sƿa geleast. aegþer of ðaegnes inland. ge of neatland. sƿa his sulh gega;  
2. give hƿa ðonne degna sy. ðe on his boclande eyrican haebbe ðe legerstoƿe on sy. gesylle he ðonne ðritdan dael his agenre teoþunge into his cyrican;  
3. give hƿa cyrican haebbe ðe laeerstoƿe on ne sy. ðonne doth of ðaem nygan daelum his ƿreost ꝧ ꝧ he ƿille;  
4. And sy aelcre geoguþe teoþunge gelaest be Pentecosten; & þaera eorþ ƿaestma be Em●ihte;  
5. give hƿa ðonne þa teoþunge geleastan nelle sƿa ƿe ge-cƿaeden habbaþ. fare ðaes Cyningesgerefa to. & þaes Bisceopes. & þaes mynstres maessepreost. & niman unþances ðone teoþen dael to ðaem minstre ð hit to gebyrrige. & taecan him to þaem nigoþon dael; & to daele mon þa eahta daelas on tþa. & fo se 
k Land hlaford in Ms.  hlaford to healfan. to healfan se bisceop. sy hit cyninges man. sy hit ðegenes;  that is, in the old 
l Apud Brampton in Hist. jornall. fol. 54. in Biblioth. Cottoniana.  Latin Copies: 
1. Et Reddatur omnis Decimatio ad Matrem Ecclesiam cui Parochia adiacet, de terra 
m i. Baronum seu liber● tenentium.  Thainorum & Villanorum, sicut 
n Vide infra §. IX. & X.  aratrum peragrabit.  
2. Si quis Thainorum sit qui in feodo suo Ecclesiam habeat ubi caemiterium sit, det ei tertiam partem Decimae suae.  
3. Si non sit tibi atrium (but the Saxon hath here the same word as before for caemiterium, that is, laegerstoƿe) det, ex suis novem partibus, Presbytero, quod vult.  
4. Et omnis Decimatio Iwentutis reddita sit ad Pentecosten; & Terraefrugum, ad Aequinoctium.  
5. Si quis Decimam dare sicut diximus noluerit, adeat Praepositus Regis & Episcopi & Sacerdos illius Ecclesiae, & reddant Ecclesiae cui pertinebit Decimam suam; & Nonam partem dimittant ei qui Decimam suam detinuit, & octo parts in duo dividantur dimidium Domino, dimidium Episcopo; Sat homo Regis, sit homo Thaini.  This Latin agrees well enough with the Saxon; although in this last §. si quis, for Episcopi 
o Vide §. XII. & XVII.  Sacerdos, Lambard hath & Episcopus & Sacerdos illius Ecclesiae etc. But whereas the Translator uses the word Ecclesia only for Church; in the Saxon, that which he calls Matrem Ecclesiam, is denoted by ealdan minster, and that Ecclesia, in §. 2. si quis Thainorum, by Cyrican; whence, our word Kirk, or Church, is framed. For the difference of Church and Minister here, somewhat where anon we speak of Parishes of that time.   

X.  
A Council or a kind of Parliament held under King Ethelred, by the advise of his two Archbishops, Elfpheg and Wulfstan, (about the year M.X.) is yet extant, wherein Laws are for Tithes. But because it remains only a Manuscript of about the time of the Norman Conquest, the Preface of it shall be here first noted, that thence the authority of it may be the better understood. It is inscribed with 
p Ms. in Biblioth. Cottoniana. in 〈◊〉 quo Ordo Corona●●● is qui 〈◊〉 Saxonico in usu erat▪ narratur.  Incipiunt Synodalia Decreta. then begins with; Quodam tempore contigit ut Regis Aethelredi edicto concrepante, Archipraesulumque Alfeagi & Wulfstani hortatu instigante, universi Anglorum Optimates die Sancto Pentecostes ad locum ab indigenis Eanham nominatum acciti sunt convenire. Collecto itaque ibidem Christicolarum coetu venerabilium quamplurimorum de Catholicae cultu Religionis recuperando, deque etiam rei statu publicae reparando vel consulendo plura & non pauca utpote divinitus inspirati ratiocinando sermocinabantur. Then follows some Constitutions about Monks, Abbots, Canons, and other of the Clergy. After which, the Council goes on with, Post haec igitur Archipontifices praedicti Conuocatâ plebis multitudine collectae, Regis Edicto suprascriptae omniumque consensu Catholicorum omnibus communitèr praedicabant unum Deum colendum esse debere, Patrem videlicet etc. And divers Canons succeed; and among them occurs, Nec Ecclesiae antiquitùs constitutae Decimis vel aliis possessionibus priventur ita ut novis Oratorijs tribuantur; which very words are found in an elder Council of Mentz, and in the Imperial Capitularies. Then immediately follows, Decimationes Frugum & Vitulorum & Agnorum, necnon & Aratrales Eleemosynae, Ecclesiasticaque munera Domino per singulos annos temporibus rependantur congruis. Eleemosynae videlicet Aratrales quindecim diebus post Pascha peractis; Vituli quoque & Agniculi Decimales erga Pentecosten, Frugum verò terrae Decimationes circa omnium festivitatem Sanctorum Ecclesijs persoluantur opportunis. To it, is joined the most part of it 
q Exemplar item Saxonicum reperitur in Codice vetust●ts Legum Sax. in ●aep●us laudata Bibliotheca.  in Saxon. but that Preface is wholly therein wanting. neither doth any thing in the Saxon answer to that, Nec Ecclesiae antiquitus constitutae etc. But those Tithes are there reckoned among gods gerightas, that is, things due unto God. and the Saxon text for them is; geogoþe teoþunge be Pentecosten. & eorð ƿaestma be ealra halgenamaessan, that is, the Tithe of young cattle is to be paid at Whitsuntide, and of fruits of the earth at Alhollows. and according to this, in an old Saxon 
r Ms. inter Leg. Saxonicum Bibl. Cottoniana.  collection of Christian duty, AElc man, (says the Author) teoðunga gelaeste mid rihte, that is, Let every man pay his Tithes justly. Those Aratrales Eleemosynae were called sulh aelmessan, that is, Plough-almes; which was a penny to be paid of every plough-land. and the Ecclesiastica munera were only the first fruits of Corn paid at S. Martin's day; whereof before §. VIII.   

XI.  
In some Laws of K. Ethelred remaining in Abbot Brampton his History, we read. 
s Histor. jornallens. ibid. fol. 65.  Omnis Thainus Decimet quicquid habet. and Praecipimus ut omnis homo super dilectionem Dei & omnium Sanctorum det Cyricsceatum & rectam Decimam suam sicut in diebus antecessorum nostrorum fecit quando melius fecit, hoc est, sicut aratrum peragrabit, decimam acram, & omnis consuetudo reddatur super amicitiam Dei ad matrem nostram Ecclesiam cui adiacet, & nemo auferat Deo quod ad Deum pertinet, & praedecessores nostri concesserunt. The inscription of those Laws 'mongst which these are found, is, Haec instituerunt Ethelredus & Sapientes eius apud Habam. By this, and that of Edgar before cited, it appears that the Tithe of every tenth acre according to the order of tithing the whole Farm, was to be paid to the Church. which also is made more plain in the next Law of King Knout.   

XII.  
Gelaeste man (are the ƿords of 
t Leg. Canuti, cap. 8.  one of K. Knouts Laƿs made about M.XX) gods gerihta aeghƿilc gear rightlice georne; þaet is sulhaelmesse fifteen niht ofer Eastran. & gegoþe teoþunge be Pentecosten. & eorþ ƿaestma be ealra halgena maessan; & give hƿa þonne þa teoþunge gelaestan naelle. sƿa ƿe gecƿedan habbaþ. ꝧ is se teoþa aecer. eal sƿa se sulh hit gegaþ. þonne fare to ƿaes Cyninges' gerefa. & þas biscopas, & þaes land rican, & þaes minstres maessespreost. & niman unþances þonne teoþan dael to þam minstre he hit to gebyrige. & teacum him to þam nigoþum dael; & to daele man þa eahta daelas on tƿa. & fo se landhlaford to healfum, & to healfum se bisceop; sy hit Cyninges man. sy hit ðegener; this is 
u In historia jornallensi fol. 71. b. M● Bibl Cotton. sed optimum harum legum exexemplar. extat in Bibliotheca. Sereniss. Principis Magnae Brit. ad D. jacobi.  anciently thus turned; Reddantur Deo Debitae rectitudines annis singulis, hoc est Eleëmosyna carucarum, XV. diebus post Pascha, Decimae de novellis gregibus in Pentecosten, terfenorum fructuum in festo omnium Sanctorum. Si quis hanc Decimam dare nolit sicut omnium nostrum commune est institutum, hoc est Decimam acram sicut aratrum peragrabit, eat praepositus Regis & Episcopi & Domini ipsius tetrae cum Sacerdote & ingratis auferant & Ecclesiae cui pertinebit reddant. Nonam verò partem relinquant ei qui Decimam dare noluit. Octavas partes reliquas in duo dividant & sit una medietas Episcopi, alia terrae Domini, sive sit homo Regis sive Thaini. with this Latin, the Saxon agrees. and it is almost but a repetition of King Edgar's Law for Tithes. and those two Paragraphs in King Edgar's, the one touching a conveyance of a third part of the tithes to a Church that had right of Sepulture, the other concerning a Church that wanted that right, are also repeated (as many other Laws of the former ages) in those of King Knouts; which are called Lege 
y In Biblioth. d. S●renissimi Principis.  Anglicae generally in the ancientest Latin Copies that I have seen.   

XIII.  
The Copy of the Laws of Edward the Confessor, that bears this title; Leges boni Regis Edwardi quas Guilielmus Bastardus postea confirmavit, hath this 
z Leg. Edward. Con●●ss. cap 8. & in Reg. de Honed●n. Annal. 2 pa. 343. b  for Tithes: De omni annona, Decima garba Deo debita est & ideò reddenda. Et si quis gregem equarum habuerit, pullum reddat Decimum. Qui unam vel duas habuerit, de singulis pullis singulos denarios. Similiter qui vaccas plures, habuerit, Decimum vitulum. Qui unam vel duas, de vitulis singulis obolos singulos. Et qui caseum fecerit, det Deo Decimum. si verò non fecerit lac decima die. similiter agnum Decimum, vellus Decimum, caseum Decimum, butyrum Decimum, porcellum Decimum. De Apibus verò similitèr Decima commodi. Quin & de bosco, de prato & aquis & molendinis, parcis, vivarijs, piscarijs, virgultis & hortis, & negotiationibus & omnibus rebus quas dederit Dominus. Decima pars ei reddenda est, qui novem partes simul cum Decima largitur. Qui eam detinuerit per justitiam Episcopi & Regis (si necesse fuerit) ad redditionem 
* Forte adigatur.  arguatur. Haec enim praedicavit B. Augustinus, & concessa sunt à Rege Baronibus & populo. But however those Laws are attributed to the Confessor; it is certain that as the Ordinary Copies of them are, and as they speak in the published Volume of Saxon Laws, they are not without many mixtures of somewhat later transcribers.   

XIV.  
In a Synod, 
a Recens Ms. apud V. C. Rob. Cotton.  written in Saxon, & held about the Conquest, divers Laws preceding, about the punishment of crimes by fasting VI VII.X. years together with bread and water, a persuasion follows for Alms etc. in it we read teoþge on gods gods est eal ꝧ he age. that is, Let Tithe be paid of all that is possessed though the Lords bounty.   

XV.  
Out of a Ms. of Excester I have seen 
b In Excerptis M●. apud eundem.  transcribed a Canon of a Council held at Windsor, some years after the Norman Conquest (I think under Lanfrank) in these words: Vt Laici Decimas reddant sicut scriptum est.   

XVI.  
In a Convocation at Westminster 
c Apud G. Malmesb lib 2. the gest. Pontific. fol. 129. b. 〈◊〉 1102.  held in 3. Hen. 1. under Anselm Archbishop of Canterbury, and Girard Archbishop of York, for both Provinces, it was ordained Vt Decimae non nisi Ecclesijs dentur. It was not only a Synod of the Clergy; but Royal authority with the assent of the Baronage (at least of the greater Nobility) was joined with it. for thus speaks the Monk of Malmesburie relating it. Anno Dominicae Incarnationis 1102. quarto autem praesulatus Paschalis summi Pontificis, tertio regni Regis gloriosi Henrici Anglorum, ipso annuente, communi consensu Episcoporum & Abbatum & Principum totius regni, adunatum est Concilium in Ecclesia beati Petri in Occidentali part juxta Londoniam sita, in quo praesedit Anselmus etc. and then. Huic conventui affuerunt, Anselmo Archiepiscopo petente à Rege, Primates regni, quatenus quicquid eiusdem Concilij autoritate decerneretur, utriusque Ordinis concordi curâ & solicitudine ratum seruaretur. Sic enim necesse erat; quia multis retrò annis, synodali cultura cessant, vitiorum vepribus succrescentibus, Christianae religionis fervour in Anglia nimis refrixerat. and agreeing to this reason is a passage in the 
d Apud Eund. lib. dict. fol. 117. b. & in Epist. Lanfranci Ms. in Bibl. Cottoniana.  Synod of London, held under Lanfrank Archbishop of Canterbury in 9 Will. 1. Et quod (are the words) multis retro annis in Anglico regno usus Conciliorum obsoluerat, renovata sunt etc. that Canon seems to have been made against arbitrary consecrations of Tithes then practised, whereof anon largely.   

XVII.  
The Laws 
e In lib. Rub. Scaccari● Ms. cap. 12.  of Henry the first have one title, De placitis Ecclesiae pertinentibus ad Regem, and under that, are these words: Si quis rectam Decimam superteneat, vadat praepositus Regis & Episcopi & terrae Domini cum Presbytero & ingratis auferant & Ecclesiae cui pertinebit reddant, & nonam partem relinquant ei qui Decimam partem dare noluit. according to those of King Edgar and King Knout 
f §. IX. & XII.  before related.   

XVIII.  
Alberique Bishop of Ostia, Legat in England to Pope Innocent the second, in 3. of King Stephen, held a Synod at London; and in that (as I have seen it 
g In Excerpti● Ms. in Biblioth. Cotton.  transcribed out of a book of Worcester) this Canon is, De omnibus Primitijs rectas Decimas dari Apostolica autoritaee praecipimus, quas qui reddere noluerit anathematis in eum sententia proferatur. Primitiae must, it seems, be here understood for every new years increase.   

XIX.  
Under Henry the second a Pontificial Decree was sent to all the Bishops of the Province of Canterbury (about the year M.C.LXX) by Pope Alexander the third commanding 
h Extr. tit. de Dec. c. 5. pervenit & in App. ad Con●il. Lat. tit. de Decim.  them that they should admonish all men in their several Dioceses, & si opus fuerit, as the words are, Sub excommunicationis districtione compellere, ut de proventibus Molendinorum, Piscariarum, Faeno, & Lana, Decimas Ecclesijs, quibus debentur, cum integritate persoluant. the direction of it was, Cantuariensi Archiepiscopo & eius suffraganeis. To this you may add that other 
i Extr. d. tit. c. 6. Nunci●s.  of the same Popes to the Bishop of Winchester: Mandamus, quatenùs Paraecianos tuos de Apibus, & de omni fructu Decimas persoluere Ecclesiasticâ districtione compellas. Both these were afterward made part of Gregory's decretals, and are of force to this day in the Canon Law of the Church of Rome.   

XX.  
In 21. of the same King Henry the second, Richard Archbishop of Canterbury held a Provincial Synod at Westminster, in which were near all the Bishops and Abbots of his Province, as also the two Kings, the father and the son. there, divers Constitutions out of old councils and Pope's Decrees were published to be observed in his Province. among them, one is out of a Synod at Rosne, in 
k Apud R●gerum de Hoveden in Annal. part. 2. fol. 311. ●.  these words: Omnes Decimae Terrae sive de frugibus sive de fructibus, Domini sunt & illi sanctificantur. sed quia multi modò inveniuntur Decimas dare nolentes; statuimus, ut juxta Domini Papae praecepta admoneantur semel, secundò, & tertiò, 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 in egrè persoluant. quòd si commoniti non emendaverint, anathemati se noverint subiacere.   

XXI.  
Hubert Archbishop of Canterbury by his power Legatin, received from Pope Caelestin the third, in 6. Rich. 1. held a Provincial Council for the Province of York; and therein 
l Apud eundem part. 2. fol. 430.  one of the Canons thus speaks for Tithes. Cum Decimae sint tributa egentium animarum & ex praecepto Domini dari debeant, non est reddentis eas diminuere. Statuimus itaque ut de his quae renovantur per annum, cum omni integritate Decimae debitae & consuetae conferantur; ita ut inprimis Decimae absque ulla diminutione Ecclesiae dentur, postmodùm de novem partibus mercedes messorum & aliorum seruientium pro arbitrio soluentis tribuantur.   

XXII.  
The same Archbishop Hubert in 2. of K. john, 
m Apud eundem part. 2. fol. 457 b. & 460. c.  Generale celebravit concilium Lundonijs apud Westmonasterium contra prohibitionem Galfridi filii Petri Comitis de Essexe tunc temporis summi justitiarij Angliae. for it appears that in those elder times there 
n Consulas litt. de 10 Ed. 2. in vol in quo Turgotus Dune mensik reperitur in Bibliothec. V.C. Tho. Allen. Oxon. & 41 Hen 3 in Annal Burton apud in eundem.  was great controversy between the King, in whose right the Chief justice of England here sent out his prohibition, and the Archbishop touching this point; whether the Archbishop, either as Archbishop or as Legate, might hold a Provincial or national Council without authority from the Crown; but that is now declared clear 
o Stat. 25. Hen. 8. cap. 19  and so practised that he may not. In that Council, notwithstanding the prohibition, he ordained thus for tithes. Cum Deo & Sacerdotibus Dei Decimas dandas, Abraham factis, & jacob promissis innuent, & autoritas veteris & novi Testamenti necnon & sanctorum Patrum statuta declarent Decimas de omnibus, quae per annum renovantur praestandas; id inviolabilitèr decernimus obseruandum, ita quod occasione mercedis seruientum vel messorum decima pars non minuatur, sed potius integre persoluatur. Habeant etiam Presbyteri potestatem ante autumnum excommunicandi omnes fraudatores decimarum suarum, & eosdem secundum formam Ecclesiasticam absoluendi. Huic adijcimus sanctioni, ut de terris novitèr cultis, non aliàs dentur decimae quam Ecclesijs Parochialibus infra quarum limites terrae illae de quibus Decimis perveniunt excoluntur. Detentores verò Decimarum, juxta Rothomagensis Concilij constitutum, si semel secundò & tertiò commoniti, excessum suum non emendaverint usque ad satisfactionem condignam anathematis vinculo feriantur. saluo in omnibus S.S.R.E. honore & privilegio. which Saluo is to every of his Canons.   

XXIII.  
Among the Decretal Epistles of Pope Innocent the third, one 
p Innoc. 3. in Epist. Decre●. lib 2. pag. 452 edit. Coloniens.  is directed Cantuariensi Archiepiscopo, ut Ecclesijs Parochialibus justè Decimae persoluantur; and thus speaks. pervenit ad audientiam nostram quod multi in Docesi tua Decimas suas integras, vel duas partes ipsarum non illis Ecclesijs in quarum Parochijs habitant, vel ubi praedia habent, & à quibus Ecclesiastica percipiunt Sacramenta persoluunt: sed eas aliis pro sua distribuunt voluntate. Cum igitur inconueniens esse videatur & à ratione dissimile, ut Ecclesiae quae spiritualia seminant, metere non debeant à suis Parochianis temporalia, & habere; fraternitati tuae autoritate praesentium indulgemus ut liceat tibi super hoc non obstante contradictione vel appellatione cuiuslibet, seu consuetudine hactenus obseruata, quod Canonicum fuerit ordinare, & facere quod statueris per Censuram Ecclesiasticam firmiter observari. Nulli ergo etc. confirmationis etc. Datum Lateran. II. nonas julij.   

XXIV.  
In a collection of divers Constitutions for the English Church, out of councils and others, titled only 
q In vol. in quo Annal. Burton. apud V.C. Tho. Allen. Oxon.  Constitutiones cuiusdam Episcopi, and written about Hen. the thirds time, one of Tithes occurs. Decimas de omnibus quae renovantur per annum & maximè consuetas, dandas decernimus & potissime de molendinis & piscarijs & faenis & apibus & de terris arabilibus & ad prata posteà vel ad pasturam redactis, ita ut occasione mercedis seruientum vel messorum decima part non frustrentur quo minus eam plene percipiant. Detentores vero earundem Decimarum si semel, secundo, & tertio commoniti excessum suum non emendaverint; concedimus quod per capellanos locorum usque ad satisfactionem congruam excommunicationis vinculo feriantur. Cum autem hi qui decimas detinuerint vel subtraxerint ad poenitentiam accesserint, non admittantur nisi per se vel per manum sacerdotis ei, cui decimae debentur, satisfaciant competenter.   

XXV.  
A Constitution for due payment of Tithes 
r Consti●. Eb●ra●. Ms.  was made about 30▪ Hen. 3. by Walter Grey Archbishop of York. I have only a note of it which I took out of the Ms. but the words I could not now transcribe for want of the Copy. the Copy itself I once saw in the Library of Mr. Henry Savill who is now with God.   

XXVI.  
The chiefest of the English Canon Laws, made for Tithes (both predial and personal) is that commonly attributed to a Council of Robert Winchelsey Archbishop of Canterbury, held in 23. Ed. 1. at London; some Copies 
s Vide Lindw. in Prouin● Const tit. de De●. c. quoniam propter in praefationem.  referring it to Archbishop Boniface and the time about 30. Hen. 3. or to an old Synod of Merton. But in the Synod of Merton held 42. Hen. 3. no part of it is extant. That I examined in the 
t Ms. apud V.C. Th. Allen▪ Oxon.  Annals of the Abbey of Burton where the Canons of that Synod are at large collected. yet in the Pupilla 
z Part. 9 cap. 5.  oculi, written by john de Burgo Chancellor of Cambridge in M.CCC.LXXXV. it is called Constitutio facta apud Merton per omnes Episcopos Angliae. These are the words of it, as it remains in the body of the Provincial Constitutions. Quoniam propter diversas consuetudines in petendo Decimas per diversas Ecclesias inter rectores Ecclesiarum & Parochianos suos, rixae, contentiones, scandala & odia maxima multotiès oriuntur. Volumus & statuimus quòd in cunctis Ecclesijs per Cantuariens. Provinciam constitutis, uniformis sit petitio Decimarum & proventuum Ecclesiarum. Imprimis volumus quod decimae de frugibus, non deductis expensis, integrè & sine aliqua diminutione soluantur: & de fructibus arborum: & de seminibus omnibus, & de herbis ortorum 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 cheminis exigantur, & prout expedit Ecclesiae persoluantur. De nutrimentis 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 soluat parrochiano à quo decimam illam recepit. Qui octawm recipit, det denarium. Qui verò nonum, det obolum parochiano vel expectet rector usque ad alium annum donec plenariè Decimum agnum possit recipere si maluerit: & quum ita exspectat 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 siquis medio tempore emerit vel vendiderit oves, & certum sit à qua parrochia illa oves venerint: carundem dividenda est decima sicut de re quae sequitur duo domicilia. Si autem incertum fuerit, habeat illa Ecclesia totam decimam infra cuius limites tempore tonsionis inveniuntur. De lact verò volumus quod decima soluatur dum durat; videlicet de casco tempore suo. Et de lact in autumno & hyeme nisi parochiani velint pro talibus facere competentem redemptionem, & hoc ad valorem decimae & commodum Ecclesiae. De proventibus autem molendinorum volumus quod decimae fideliter & integrè soluantur. De pasturis autem & pascuis tam non communibus quam communibus statuimus quod decimae fideliter persoluantur: & hoc per numerum animalium & dierum ut expedit Ecclesiae. De piscationibus & apibus sicut de omnibus aliis bonis just acquisitis quae renovantur per annum, statuimus quòd decimae soluantur & exigantur debito modo. Statuimus etiam quod decimae personales soluantur de artificibus & mercatoribus scilicet de lucro negociationis▪ Similiter de carpentarijs, fabris, cementarijs textoribus, pandox atricibus, & omnibus aliis operarijs stipendarijs, ut videlicet dem Decimas de stipendijs suis nisi stipendarij ipsi aliquid certum velint dare ad opus vel ad lumen Ecclesiae si rectori ipsius Ecclesiae placuerit. than a word or two of Mortuaries; after which, Sed quoniam inveniuntur multi Decimas sponte dare nolentes; Statuimus quod parochiani moneantur primo secundo & tertio ut decimas Deo & Ecclesiae fideliter soluant. Quod si non emendaverint primò ab ingressu Ecclesiae suspendantur, & sic demùm ad solutionem decimarum per censuram Ecclesiasticam si necesse fuerit compellantur. Si autem dictae suspensionis relaxationem vel absolutionem petierint: ad ordinarium loci mittentur absoluendi: & debito modo puniendi. Rectores autem Ecclesiarum seu Vicarij aut Capellani annui qui predictas decimas predicto modo propter formidinem hominum seu favorem, timore Dei postposito, ut predictum est, cum effectu non petierint: pena suspensionis innodentur donec dimidiam marcam argenti pro sua inobedientia Archidiacono loci persoluant. And then follow two other Constitutions, under Winchelsey's name, for some more peculiar order in payment. But that first referred to him, is in a Ms. 
y In Biblioth. autoris.  (written of about the time of Henry the sixth) of the English Episcopal Constitutions, severally thus titled, Constitutio Domini Stephani de Langtone Archiepiscopi edita de modo Decimandi. Stephen of Langton was Archbishop under King john. But it is not extant in the Synod of his time.   

XXVII.  
In a Council at London under Simon Mepham, Archbishop of Canterbury, held in 3. Ed. 3. a 
z Extat. in Constit. Provinc. lib. 3.  Canon is against such as hindered Churchmen from taken their Tithes, either by keeping them and their servants from entering into the Land, or by exacting 
* Conquer tur etiam de hac iniuria Io. de ●thona in Constit. Othoboni c. mandata Dei. vero. justitiam favour expellit.  Gloves, Stockings, or some such bribes, before they would permit them take that right, which God, as it is there inserted, in signum universalis Dominij sibi reddi praecepit, & pro suo cultu Clericis assignavit. All such offenders are branded with Excommunication: and another Constitution of a Council of Paul's, held in 17. Ed. 3. under john Stretford Archbishop of Canterbury, is to the self-same purpose.   

XXVIII.  
For Tithe of Copis Wood, or silva caedua, also in that of Stretford, was a 
* Extat. in Bl.  Canonin these words: Quanquam exsoluentibus benè Decimas Deus frugum omnium abundantiam & possessionum promiserit ubertatem: tamen dolentes referimus quod nonnulli nostrae Provinciae contra testamenti veteris atque novi doctrinam de syluis suis caeduis & lignis arborum caeduarum excisis circa quae minus, quam circa fructus agrorum, laboris impendunt, Decimas Deo & Ecclesijs quibus debentur notoriè, propter hoc quod ipsas in praeteritum non dederunt, solvere contradicunt. quòd estimant idcirco licere quod Legem moris de longa invaluisse consue●udine arbitrantur, in dubium etiam revocantes quid silva caedua sit censenda. Nos igitur advertentes quod si sua portione Ecclesia sit defraudata diutinè, crimen praeterea non minuitur sed augetur: ac fames & penuria omniumque rerum egestas opprimunt bene Decimas non soluente; huiusmodi declaramus pouisione Concilij Siluam Caeduam, illam fore quae cuiuscunque existens generis arborum in hoc habetur ut cedatur, & quae etiam succisa rursus ex stirpibus aut radicibus renascitur; ac ex ea Decimam utpote realem & praedialem Parochialibus ac Matricibus Ecclesijs persoluendam; nec non siluarum possesso res huiusmodi ad praestationem Decimarum lignorum ipsorum excisorum in eis, sicut feni & bladorum omni censura Ecclesiastica fore Canonicè compellendos. By this, Tithe of all kind of Wood was payable. But in the 
a Rot. Parl. 17. Ed. 3. art. 28.  Parliament with which that Convocation was held, a Petition was exhibited by the Commons, Que nul home soit tret en plea en Court Christien pur Dismes de bois ou de south bois si nonn en lieux ou tielx Dismes soloient estre donez. And the Answer was, Soit fait de cella auxi come il ad este fait einz cez heures.   

XXIX.  
And the year following, in the next Parliament, a 
b Rot. Parl. 18. Ed, 3. art. 9  complaint was against that Constitution by the Commons. Item pria le comen que come Constitution soit fait per les Prelates a prendre Disme de chescun mannere de Bois quell choose ne fuit unques vsee, & que niefs & femes poent fair testament que est country reason. que please per lui & per son bon counsel ordainer remedy, & que son people demoerge en mesme l'estate qu'ils soloient estre en temps de touts ses progenitors, & que Prohibitions soient grants a touz ceux que sont empledes de Dismes de bois sans avoir consultation. Which was no otherwise answered, but with, Le Roy voet que ley & reason ent soient faits.   

XXX.  
Three years after, in 
c Rot. Parl. ●1. Ed 3. art. 48.  21. Ed. 3. a Petition was touching the same matter put thus in by the Commons. Item monster la Commune come nadgairs Lercevesque de Cantirbiry & les autres Prelates ordenerent une Constitution a donor Dimes de subbois venduz tant solement, la ou avant ces heures nulles Dimes furent donez, ore les gentz de Seint Esglise per force de la Constitution pernent & demandent les Dismes auxibien de gros bois come de subbois venduz & nient venduz econtre oe qu'ils ont usez puit temps de memoire, a grant damage de la Commone de quoi ils prient remedy del un point & del autre. To this is answered. L'erceuesque de Cantirbiry & les autres Euesques on't responduz que tiele Disme nest demandee per reason de la dit Constitution forsque de subbois. But I well conceive not why they complain of the Constitution, as made only for the Tithe of Wood sold. no such thing appears in it, that justifies their supposition.   

XXXI.  
This tithing of Wood, and of such other things as were not of Custom paid, still vexed the Commons. And therefore again in a Parliament 
d Rot. Parl. Fest. Hill. 25▪ Ed. 3. art. 37.  of 25. Ed. 3. they exhibit this Petition. Item pria la Commone, que si la clergy en droit des Dismes de haut bois & southbois ou d'autre choose riens demandent ou attemptent de novel forsque solement ceo & en les lieus d'ont ils ont este d'aunciens temps seisis come en le droit de lour Esglises, que pleise a nostre Seigniour le Roy enter granter Prohibition sans Consultation a touz ceux que le voillent demander en tiel cas, & que les dites gents de S. Esglise soient defenduz a demander Dimes de gross bois. Here the Commons would have had such a liberty of discharge of Tithes not usually paid, as the Philippine in France, and the like Edicts of some other Nations give the subject. But the answer was, Le Roy & son counsel se voillent de ceste Petition aviser.  
XXXII. But upon new Petition, by the Lords Temporal and Commons in the Parliament of 45. Ed. 3. it was enacted (as you see in the published Statutes, agreeing with the Record) That Tithe should not be exacted of great Trees, being of XX. years growth, or above. and that upon a Suit commenced in the Spiritual Court for such Tithes, a Prohibition should be granted, as it had been in former time also used. but that use, it seems, had been somewhat discontinued, through a reverence given to that synodal Canon of Archbishop Stretford. Although in 50. Ed. 3. fol. 10. b. Belknap says, That it was never seen, that Tithes had been demanded of great Trees and of Timber. This Statute 
e Ploughed. Comm. fol. 470.9. Nen. 6▪ fol. 56. etc.  hath had still force in practice to this day.   

XXXIII.  
Yet, notwithstanding this Statute, the Clergy were not so contented; but under pretence that it was not indeed, by sufficient authority, made a Statute, but only an Ordinance (the contrary whereof appears both in the Roll and in the consent of following time) oft times afterward brought the Temporalty in question upon their Canons; insomuch, that in the Parliament of 
f Rot. Part. 47. 〈◊〉. 3. art. 21.  47. Ed. 3. a Bill was put in by the Commons, reciting that of 45. Ed. 3. and then relating, that les persons de Seint Esglise entendants que cel Ordinance ne restraint my lour aunciene accrochements, surmettants que ce ne fuist my affirm pur Estatut, font occasions in Court Christien a contrary del ordinance suisdit a grant damage del people, per qui pleise a nostre Seignior le Roy d'afermer la dite ordinance pur Estatut a durer pur temps avener, & que Prohibition especial sur mesme Lestatut de ceo soit fait en la Chancellerie defendant que eux ne ●ignent plea en Court Christien des Dismes de bois del age avantdit, that is, of XX. years. The answer hereto was, Soit tiele Prohibition grantee come ad este use d'auncien temps. Thus did the Clergy and Commons so differ touching the execution of the Canons; and insomuch, that afterward also the Commons put in a Bill, 
g Rot. Parl 51. Ed. 3. art. ●6.  Que nul statute ne ordinance soit faite ne grant au Petition du clergy si ne soit per assent de voz commons. Ne que vous dites commons ne soient obligez per nulles constitutions qu'ils font pur lour advantage sanz assent de voz dites commons. Car eux ne▪ veullent estre obligez a nul de voz Estatutz ne Ordinances fa●tz sanz lour assent. But the answer was only thus, Soit ceste mature declarè en special. This by the way.   

XXXIV.  
Here may be 
h Regist. Orig. fol. 4. a.  remembered thatagreement in the Parliament at Salisbury, Quòd consultationes fieri debent de silva caedua, eo non obstante quod non renovatur per annum. But to what Parliament to refer that agreement, expressed by Concordatum fuit coram Consilio Regis in Parlamento etc. I sufficiently know not, unless to that of 7. Rich. 2. held at Salisbury, the Rolls whereof hath nothing of it.   

XXXV  
· In 5. Hen. 4. a Bill was put in by the 
i Rot. Parl. 5. Hen. 4. art. 65.  Commons, against the exaction of Tithes of Quarries of Stone and Slatt. Thus it speaks. Item priont les Commens que come plusors liege's nostre Seignior le Roy sont sovent foits vexiz & travaillez per Persons & vicars de saint Esglise per Citations & Censures de saint Esglise pur Dismes de Peres & Sclattes overes & trahez hors de Quares de sicomne nul Disme de nul tiel Pierre ne Sclatte unques ne feust demand de null Disme ent pay, que pleise a granter que si ascun Prohibition soit fait en le cas que nul Consultation soit grant a contrary. Hereto the answer was, Le Roy s'aduisera. But you may see hereof more in the ancient Opinions of the judges, delivered in the 
k Orig fol. 59 b.  Register and 
l Nat. Br. fol. 53. C. G.  Fitzherbert.   

XXXVI.  
In 27. Hen 8. chap. 20. it is enacted by Parliament, That through all the King's dominions, every subject according to the Ecclesiastical Laws and Ordinance of this Church of England, and after the laudable Usages and Customs of the Parish or other place where he dwelleth or occupieth, shall yield and pay his Tithes etc. And some other special courses for recovery of Tithes, are in that Act ordained.   

XXXVII.  
By the Statute of Dissolution of Monasteries of 31. Hen. 8. chap. 13. it was enacted, That the King and his Patentees should hold the Possessions of the dissolved Monasteries discharged and acquitted of payment of Tithes, as freely, and in as large and ample manner, as the Houses of Religion held them at their time of the dissolution.   

XXXVIII.  
After the dissolution of Monasteries, to which, divers Tithes and Parish Churches had been appropriated, and were now settled in the Crown, and thence conveyed into Lay hands, an Act was made in 32. Hen. 8. cap. 7. commanding every man, fully, truly, and effectually, to divide, set out, yield or pay all and singular Tithes and Offerings, according to the lawful Customs and Usages of the Parishes and Places where such Tithes or Duties shall grow, arise, come, or be due. And remedy is given for Ecclesiastic persons before the Ordinary; and for Lay men, that claimed appropriated Tithes by grant from the Crown, in the secular Courts, by such actions as usually Lay possessions had been subject to.   

XXXIX.  
By the Acts of 27. Hen. 8. cap. 21. 37. Hen. 8. cap. 12. and the Decree made upon them, the Citizens and Inhabitants of London and the Liberties were commanded to pay their Tithes to the Parsons, Vicars, and Curates of the City, according to a rate of the rents of their houses; that is, two shillings nine pence for every pound. and that if no rent be reserved, the Tithe should be duly paid, according to what their houses had been last let for. and according to that also, are owners bound to pay. But a Proviso is in the Decree, That where a less sum then after two shillings nine pence the pound hath been accustomed to be paid for Tithes, in such places the former custom should be continued. And some other particulars are in it, which are too long to be here transcribed. you may easily see it whole. But anciently, in London, on every Sunday and other principal Feast day; the chief maintenance of the Ministers was increased, by a farthing offered out of every ten shillings of rent. Ex Ordinatione antiqua, says Lindwood 
m In Constit. Prouin●. tit. de Dec. c▪ Sancta, §. Nego●●ationum. , (and that Ordinance, as I have heard, was either made by Roger Niger Bishop of London, in 13. Hen. 3. as a new one, or as a confirmation of former use. as which of these, I purposely abstain here to inquire) in dicta Civitate, tenentur singulis Dominicis diebus & in principalibus Festis & Sanctorum Apostolorum & aliorum quorum Vigiliae ieiunantur offerre pro singulis X. solidis redditus domus quam inhabitant unum quadrantem. And the LII. farthings so yearly paid on Sundays only, came so near to the just Tenth of the rent, that they were thought on as a Tithe paid; the other being reputed rather by the name only of Offerings. Which you may see in the same Lindwood; where he disputes the question, whether those farthings excused the Citizens from personal Tithes of their gains; and concludes, that they did not. But before these Acts and the Decree, no Tithes, as Tithes, were generally paid in that City. in some places 
n Vide 16. Ed. 3. quare impedit 147.38. Ed. 3. fol. 13. a. Grants case in Report. 11. fol. 16. a.  they were, as in the liberty of S. martin's le Grand, which is rather in London then of it. neither can I but here remember that custom of the Eastern Church thus maintained chiefly with Offerings, or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as they called them, which specially appears in the answer of Theodore 
o In Respons. 57 inter monimenta juris Gra●●-Romani edit. à Leunclavio & Frahe●●.  Balsamon Patriarch of Antiochia, to Mark Patriarch of Alexandria, touching the quantity of what was to be offered. He tells him, that no certain quantity is appointed by the Canons, and that through inequality of men's estates (none of them giving any such part to the Church as that it could discover their abilities) which permits not a regular certainty, they were contented with what custom and free bounty of the givers bestowed. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 (says he) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. which is in substance the same before in English.   

XL.  
In 2. and 3. Ed. 6. chap. 15. it was enacted that all predial Tithes should be thenceforth paid as of right they had been within forty years next preceding, or according to custom ought to have been, with allowance of Privileges lawful Prescriptions or Compositions real. and personal Tithes of gain by merchandise and artifice in such places, and as within XL. years preceding they had been accustomably used to be paid, are commanded to be paid yearly at or before Easter. Other particulars and the remedies given by the Act may be easier found in it, than I can transcribe them.   

XLI.  
To these may not amiss be added those Laws for Tithes, proposed by the VIII. persons chosen to begin a new body of Canon Law for England in 5. Ed. 6. according to the first purpose of the Statut of 25. Hen. 8. cap. 19 (which was seconded also by the Statut of 3 and 4. Ed. 6. cap. 11.) whereby XXXII. persons assigned by the King should have made it. neither were those VIII. to have given sufficient authority to it according to those Statutes, without approbation of XXXII. afterward that should have censured their reformation. The VIII. were Thomas Cranmer Archbishop of Canterbury, Thomas Bishop of Elie, Richard Cox the King's Almosner and Peter Martyr Doctors of Divinity, William May and Roland Tailor Doctors of Law, and john Lucas and Richard Gooderik Esquires. In what they proposed, is found a constitution in the King's name that all predial tithes should be paid in kind to the ministery integrè & expletè (with an exception of timber Trees of XX. years growth) as also of the profits of Milles, of Turbaries, Cole-mines, Quarries of stone and all other of like kind. Of all Agistments also Tithes are there payable, and of the increase of all kind of beasts, wild and tame; of fish, of butter, cheese, milk, wool, wax. and the Statut of 2. and 3. Ed. 6. for Tithes is there received for so much of it as is not against a general payment which they would have had ordained. But these as the rest in the Volume with them, were only intended for Laws, but never had sufficient authority or confirmation. The intent was first that those Canon Laws only, which according to the purpose of the two Statutes of Hen. 8. and Ed. 6. should be compiled, might have authority in the Universities, and force in practice; but so, that there might still be praeseruatio legum nostrarum communium in suo vigore remanentium, as the words are in the Patent of Ed. 6. that authorizes the VIII. persons to consult about them.  
For our Laws of Tithing either made or desired, thus much. But before we speak of the Practice, it is requisite that we enter into some disquisition touching Parishes or Parochial right according whereto at this day from ancient time the payment of Tithes is regularly performed.    

CAP. IX.  
I. Of Parishes in the Primitive Church of the Britons.  
II. Parishes in the Primitive Church of the English Saxons. first limited only in regard of the Ministers function, not of Parochial profits. all the profits of every whole Diocese, first made a common treasure to be disposed of by the Bishop and his Clergy, of the same Diocese. Residence of the Bishop and Clergy in those times. The great regard than had to every Clergy man.  
III. Of division of our Parishes. whether Honorius Archbishop of Canterbury first divided them. Parochia or Paroecia diversly taken.  
IV. Lay-foundations of Parish Churches; from whence chiefly came Parochial limits in regard of the profits received to the singular use of the Incumbents. Limitation of Tithes by K. Edgar to the Mother Parish Church, or Monastery. Monasteries preferred before other Churches for burial. Mortuaries. Minstre. a third part of Tithes (according to K. Edgar's Law) must be given to a new-built Church that had right of Sepulture by the Founder. Sepultura and Baptisterium. Capella Parochialis. a Parish commanded to be made (out of another that was too large) by the Pope. one Parish joined to another by the King.  
IN consideration of our Parish Churches and Parochial limits, the times of the Britons first, then of the English-Saxons and forward are to be thought of. that is, the elder times of their Christianity.  

I.  
For the Britons; little or no Testimony of credit is extant that discovers the Ecclesiastical policy used by them, in their primitive times, or declares the possessions of their Hierarchy. And we omit here wholly what might be collected out of that fabulous tale of Augustine preaching at Cometon in Oxfordshire, whereof more in the next Chapter. Although K. Lucius had instituted XXVIII. Bishops, and III. Archbishops (as the British story tells us) yet, how in those Dioceses any distinct Parishes were, appears not expressly. But we may very well think that such kind of Parishes only were in those Bishopriques as we have already 
* Chap. 6. §. 3.  showed to have been in the Primitive Church elsewhere. neither is it likely that in those times, the custom of this Island therein should differ from what was even uniformly received through those parts of Christendom, whereof we have best testimony remaining. But if all ancient authority were of credit, Parish Churches expressly mentioned of about the time of CCCCXC. and endowd as at this day might be found among the Britons. For when Dubritius was made Archbishop of South-Wales which they called Dextralis Britannia, and his See appointed at Landaff under Mouris Prince of that Wales, divers Churches with their endowments of Tithes, Oblations, and other profits were appropriated to him and his successors; by the relation of an old Author. Propter sanctitatem suam (are his 
a Anonym. Ms. de primostatu Landavens. Ecclesiae in Bibl. Cottoniana eadem in Codice Landau. qui Tilo dicitur habentur. Recens autem exscriptus Tilo reperitur in eadem Biblioth.  words) & praedicationem praeclaram Beati Pastoris & regalem parentelam suam plures Ecclesiae cum suis dotibus, Decimis, oblationibus, sepulturis, Territorijs & libera communione eorum datae sunt sibi & successoribus suis omnibus à Regibus & Principibus totius regni Dextralis Britanniae. and then, Videns autem sanctus Dubritius Largifluam potentum manum erga sibi comissam Ecclesiam, partitus est discipulos mittens quosquam discipulorum suorum per Ecclesias sibi datas, & quasdam fundavit Ecclesias, & Episcopos per dextralem Britanniam coadiutores sibi, ordinatis Parochijs suis, consecravit. But this Author wrote not before about the beginning of the last CCCC. years from Christ, and spoke of these things in the phrase of his own time. the hand and context and their relations in him justify it. he talks, you see, of Churches endowd and appropriated and founded, as if he meant no other than such as now are conveiable by Patrons and Ordinaries in the course of appropriations used in later ages, and filled with Incumbents that had in them like estates and particular interest in the profits as Parsons at this day. indeed, that in those times Churches were built here, no doubt can be made; neither is it to be conceived how 
b 1. Ad Cor. cap. 11.22. Sed v●desis Isidor. Pelusi●t. lib. 2. Epist. 246.  Christianity could he in any Nation much ancienter (if generally received, or by any number) than Churches or some convenient Houses or other places in the nature of Churches, appointed for the exercise of devotion. and express mention 
c Beda Hist. Eccles. lib. 1. cap. 26.  is of a Church built here in the time of the Romans, to the honour of S. Martin in which Augustin and his followers when they came first from Rome, made their holy assemblies, and others also they repaired. and says Gildas, of the Clergy of his time, that is about D.LXXX. Ecclesiae domus habentes, sed turpis lucri gratia eas adeuntes. But I guess, that under Dubritius few or no parish Churches were otherwise erected then for convenient places for such Ministers as the Bishop out of his Clergy arbitrarily sent thither, and that the offerings & other profits there received were to the common treasury of the Diocese, and to be dispensed as is before declared, where we speak generally of those elder times. & in regard no more certainty of the establishing of the endowments, or places of residence in the British Hierarchy, may be found, I willingly permit to every man his own conjecture.   

II.  
For the age of the Saxons; we read that Augustin and his company, when they first came to K. Ethelbert in Kent, began there to imitat 
d Beda lib. 1. cap. 26.  Apostolicam primitivae Ecclesiae vitam, ea tantum quae victui necessaria videbantur ab eis quas docebant accipiendo, and, that after they had converted the King, they builded and repaired Churches. maiorem praedicandi per omnia, & Ecclesias fabricandi vel restaurandi licentiam accipiebant. So Ethelbert in his Charter of foundation (if you will believe the authority 
e Cart. Antiq. l. 8. in arc● Londin.  whence we have it) of his Abbey in Canterbury, talks of alias quas fabricavi Ecclesias. And doubtless those Churches which they built, or repaired, as also the Temples of the Gentiles which by advise of Pope Gregory to Mellitus were not to be destroyed, but converted to Christian service, had some kind of limits of adjoining Villages or Towns, and so were in that respect Parochial. But those limits and Churches were variously chosen and assigned to ministering Priests, according to the convenience of the assembling of the Neighbour-inhabitants; but not so ordained that every Parishioner was bound to keep his devotion within the limits of this or that parish church. that is, Parishes were then limited only in regard of the ministering Presbytery (whence they were called scriftscyrean i circuits, within which the Priests exercised their shriving) but not in regard of the profits received from the Parishioners. For the whole Diocese (first of Canterbury, then of the other elder Bishopriques, as they were instituted) was indeed the only limited Parish, in regard of the Parishioners profits. & the Clergy of the Bishop, that is, his family of Church men, were the Curates in inferior Churches, according as the Bishop appointed and altered them; and whatsoever they received through devotion of good Christians, made up a common treasure for the whole Diocese (whence it followed, that it was not material at what church any Parishioner offered his Christian bounty, so he did it within the Diocese) which was both consonant to what is found to be the use of other Churches in the Primitive times, and is also confirmed by that Augustin in his question to Pope Gregory, touching Bishops. he demanded qualiter cum suis Clericis conversentur? vel de his quae fidelium oblationibus accedunt Altari, quantae debeant fieri portiones? whereto the Pope answers that the custom is generally to make a quadripartit division for the Bishop, for his Clergy, for the Poor, and for reparation of Churches. but he admonishes him, that in the tenderness of the English-Saxon Church, he and his Clergy should still imitate the community of all things used in the Primitive times under the Apostles. The Saxon of that question 
f Extat in Beda exemplatis Saxonici Ms. lib. 3. in Bibl. Cottoniana  is observable. AErest be Bisceopum; hu high mid hiora geferum drohtian & lufian scylen. Oððe in þaem lacum geleaffumra þe high to ƿeofodum, & to gods cyricum brengað, hu monige daelas þara beon scyle,, that is, first concerning Bishops. how they should bear themselves among their Clergy, or how many parts they should have in the offerings that good Christians brought to Altars and to God's Churches. here it is more plainly expressed, that whatever came to any Altar or Church, within the Diocese, was one common profit to be divided or employed, as Pope Gregory answers; where he tells him also that the Bishop and his Clergy 
g Videses B●dam Hist. Eccles. lib 4 cap. ●7.  must live together, Sed, saith he, quia fraternitas tua Monasterij regulis erudita, seorsum vivere non debet à Clericis suis in Ecclesia Anglorum etc. So that you may collect that in these Primitive times of the English-Saxon Church the Bishop and the whole Clergy of the Diocese were as one body living upon their endowments (bestowed on the bishopric) and their treasure that came from the sundry places of devotion whither some one or other of them at the Bishop's appointment, was sent to preach the Word and minister the Sacraments. every Clerk having his dividend for his maintenance. Neither in these elder times, I think, did any of these of his Clergy or Chaplains usually reside elsewhere then with him at his bishopric (as Deans and Chapters at this day) or in some Monasteries whence they might as occasion required, at certain times go into those Parishes which were distinguished only for several functions of those Chaplains, lest want of such distinction might the sooner have caused also a want of special discharge of this or that Cure. so that there were singularum Ecclesiarum Presbyteri 
h Synod. Anglic. c. 1. & ●. ann. 786. C●ntur. 8. cap. 9  qui populum erudire debent, and they were particularly ordained for the Title of this or that Church, and every one was bound by our canons of that time not to leave the Church for which he was so ordained. And from their residence with the Bishop, or out of the Parish in Monasteries, came it, as it seems, that they were but rarely seen abroad among the people. for so rarely were they seen abroad, that when ever any of them were espied in the Country, the people used presently to flock about him, and with all reverence humbly to beseech his Benisons, either by signing them with the Cross, or in holy prayers for them; and, with all earnestness of attention, they heard what he preached. This is that 
* Vide eum hist. Eccles. ●ib. 3. c. 26. & lib 4. c. 27.  which Bede teaches, when he tells us, that si quis Sacerdotum in vicum forte deveniret, mox congregati in unum vicani, verbum vitae ab illo expetero curabant. And again, Erat quip moris ●o tempore populis Anglorum, ut, veniente in villam Clerico vel Presbytero, cuncti ad eius imperium verbum audituri constuerent, libenter ea quae dicerentur audirent, libentiùs ea, quae audire & intelligere poterant, operando sequerentur. How long this community in every Diocese between the Bishop and his attending Clergy (which is denoted often by the name of Episcopi Clerus) continued, fully appears not. But, that it was not out of use till past more than C. years after Augustine's coming, that is, till past D.CC. years from Christ, may be conjectured out of those testimonies of Bede, which extend as far.   

III.  
Yet it is commonly received, that Honorius, the first Archbishop of Canterbury after Augustine, about the year D. C.XXX. first divided his Province into Parishes. And in the late history of the Archbishops of Canterbury, written by Mr joscelin, it is thus delivered of him. Neque solùm Episcopos tanquam superiores turrium custodes Ecclesiae superimpo suit, sed etiam, Provinciam suam primus in Parochias dividens, inferiores Ministros ordinavit. And according to this, have some of our greatest and most learned Writers related. But I doubt much how it can at all stand with truth. For if Parochiae be here meant only for such as were assigned Limits for those which were sent arbitrarily from the Bishop, out of the number of his Chaplains, or his Clerus, residing for the most part, in those elder times, with him at his bishopric; then clearly, Honorius was not the first that made division of them. Such kind of Parochiae are even near as ancient as Bishopriques; and questionless, in Augustine's time. how could otherwise, God's Service be orderly had in the Infancy of the Church? And when ever several Churches for Christian Service, or other places for holy Assemblies, began, then began such Parochiae. And that Churches were built here before Honorius his time, is before manifested. If, on the other side, Parochiae be taken for what its usually understood, that is, for such Limits as now make Parishes, bounded as well in regard of the profits received from the Parishioners (due only to the Minister of that Church) as of the Incumbents function and residence; how will that stand with the community of Ecclesiastic profits, and the Bishops and his Clergies living together, that may be without much difficulty discovered out of Bede, to have continued after Honorius also? But where ever that testimony of his dividing Parishes was first found, I doubt it was misunderstood, through the various signification of Parochia. For in those ancient times, Parochia usually denoted as well a bishopric, or Diocese, or bisceope scyre, as the Saxons called it, as a less Parish. That signification is very obvious in the old councils of both Tongues (as it is also specially observed by the learned Filesacus in his Paroecia) and in the monuments of this Kingdom. For it is related of King Cenwalch, that he divided 
i Beda Hist. Eccles. lib. 3. cap. 7.  Provinciam in duas Parochias, when he made a new Bishoprique at Winchester, that was taken out of the Diocese of Dorchester. And in the Council of Hertford, held under Theodore Archbishop of Canterbury, one Canon is 
k Ibidem lib. 4. c. 5. & videses c. 16. q 2. c. 6. san●. , Vt nullus Episcoporum Parochiam alterius invadat sed contentus sit gubernatione creditae sibi plebis. So in Florence of Worcester, under the year D. C.LXXX. Merciorum Provincia in quinque Parochias est divisa, that is, into five Bishopriques. And the truth is, that it may be said properly enough, that Honorius was the first under whom his Province was divided into such Parochiae, or Bishopriques. that is, No other Bishopriques (except Canterbury, London, and Rochester) were in his Province until his time; those three being almost of one antiquity. But under him, Byrinus was made first Bishop of the Westsaxons, and had his See or Bisceop settle (as they called it) at Dorchester, and Foelix the Burgugnone was likewise ordained first Bishop of the Eastangles at Dunwich. Which two Ordinations, in regard the like had not been in this Province of Canterbury from Augustine's time till this Honorius, were perhaps the cause why it might be related, that Honorius primus Provinciam suam in Parochias divisit. Which, although it were to be conceived of such Parishes as at this day we call by that name, yet could not extend to all his Province. For not till long after his time, was Christianity received in the Kingdom of Sussex, which was first converted by Wilfrid, first Bishop of Selsey, in the year D. C.LXXIX. Hitherto then, for aught can out of ancient Monuments be proved, no Limits Parochial, in regard of the profits to be received from the Parishioners, and spent by this or that Minister only, were assigned. But the ancient course of a kind of community of all profits of the Diocese, with the Bishop and his Clergy, remained still in use. Neither was the interest of many Churches, it seems, as yet here in any Lay-founders. But the Bishops, as I think, had both the interest and governance of the Churches built by the King, and took care for building new in their own endowments, and hallowing old ones, that had been either profaned since Christian Service used in them among the Britons, or formerly consecrated only to Heathenism. So may you understand that of Byrinus, first Bishop of Dorchester. Factis dedicatisque Ecclesijs multisque ad Dominum, pro eius labour, populis advocatis, migravit ad Dominum, as Bedes words are; in the Saxon of which it is expressed, that the Ciricean ƿorhte & gehalgode, that is, made Churches, and hallowed them.   

IV.  
But afterward, when devotion grew firmer, and most Lay men, of fair estate, desired the Countrey-residence of some Chaplains, that might be always ready for Christian instruction among them, their Families, and adjoining Tenants; Oratories and Churches began to be built by them also: and being hallowed by the Bishops, were endowed with peculiar maintenance from the Founders, for the Incumbents that should there only reside. Which maintenance, with all other Ecclesiastic profits that came to the hands of every such several Incumbent (in regard▪ that now the Lay-founder had, according to the Territory of his Demesnes, Tenancies, or neighbouring Possessions, made and assigned both the Limits within which the holy Function was to be exercised, and appointed the persons that should repair to the Church, and offer there, as also provided a special Salary for the performance) was afterward also restrained from that common Treasury of the Diocese, and made the only revenue, which became perpetually annexed to the Church of that Clerk who received it. Neither was it wonder, that the Bishops should give way to such restraint. for had they denied that to Lay founders, they had given no small cause also of restraining their devotion. Every man, questionless, would have been the unwillinger to have specially endowd the Church, founded for the holy use chiefly of him, his Family, and Tenants, if withal he might not have had the liberty to have given his Incumbent, there resident, a special and several maintenance; which could not have been, had the former community of the Clergies revenue still remained. Out of these Lay foundations chiefly, doubtless came those kind of Parishes, which at this day are in every Diocese. their differences in quantity being originally out of the difference of the several Circuits of the Demesnes or Territories possessed by the Founders▪ And after such time as upon Lay foundations, Churches had their profits so limited to their Incumbents, no doubt can be, but that the Bishops, in their prebend's, or Advowsons of Parishes, both in Cities and in the Country, formerly limited only in regard of the Ministers Function, restrained also the profits of every of their several Churches, to the Incumbents; that so a uniformity might be received in that innovation of Parochial right. At what time these Lay foundations began to be frequent, plainly enough appears not. But some mention is of them about the year D.CC. as you may see in 
m Hist. Eccl. lib. 5. cap. 4. & 5.  Bede, where he speaks of one Puch, a Saxon Noble man, that had built a Church, and entreated john, Bishop of Hangulstad, to consecrate it; and the like also of one Addi. Alio item tempore, says he, vocatus ad dedicandum Ecclesiam Comitis vocabulo Addi. Some such more, of about that time, may be found. But about the year D.CCC. many Churches, founded by Lay men, are recorded to have been appropriated to the Abbey of Crowland, as you see in the Charters of Confirmation made by Bertulph King of Mercland, and of others, to the same Abbey, reported by Ingulphus. Whence it may be observed, that by this time Lay foundations were grown very common, and Parochial Limits also of the Parishioners devotions. And in a Council held in D. CCC.XVI. under Wilfrid, Archbishop of Canterbury, we find, Vbi Ecclesiae aedif●centur, à propriae Diocesis Episcopo sanctificentur. And a Canon of the 
n M▪ (in Biblioth. Certoniana) c. 10.  same Synod ordains, That upon the death of every Bishop, Statim per singulas Parochias in singulis quibusque Ecclesijs, pulsato signo, omnis famulorum Dei caetus ad Basilicam conveniat. Ibique paritèr XXX. Psalmos pro defuncti anima decantent, & posteà unusquisque antistes & Abbas DC. Psalterios & CXX. Missas celebrare faciat, & tres homines liberet, & eorum cuilibet tres solidos distribuat etc. with other Ceremonies of Fasting and Prayer (according to the time) for the soul of the Bishop. Here, it may seem, Parishes limited as at this day, are understood. But the first express mention of limitation of profits (other then of the endowing) to be given to this or that Church, is in those Laws of King Edgar, made about D. CCCC.LXX. where a threefold division is of Churches. the first is called Ealdan minster, that is, Senior Ecclesiae, which 
* Leg· Franci●. apud ●i●●sacum, lib. de Pa●●●ci●.  name anciently was given to Cathedral Churches; the second, a Church that hath Legerstoƿe, or place for Burial; the third, a Church that hath no Legerstoƿe. Where it is ordained, that every man, having not erected a Church of his own, should pay his Tithes to the Ealdan minster ðe seo hyrnesse to hyrþ; that is, to the ancientest Church or Monastery where he hears God's service. Which I understand not otherwise, then of any Church or Monastery, whither usually in respect of his Commorancie or his Parish (determined according to the Farms, Houses and Lands, occupied with those Houses or Farms) he repaired; that is, his Parish Church or Monastery. For we must remember, that in those times, Monasteries (which somewhat before Edgar 
o Regular. Concordia Anglica Nationis Monach. Sanctimonialiumque Ms. in Bibl. Cotton. & Malme●bur. lib. 1 de gest. Pontific. fol. 115.  were for the most part filled with secular Clerks, who also, as other Clergy men took pains abroad in the spiritual Harvest; and under him by Archbishop Dunstan's procurement were restored only to Cloister Monks or Benedictines) aswell as other Churches erected either by Bishops or Lay men, were in many places the only Oratories & Auditories that the near Inhabitants did their devotions in, and perhaps were in regard of burial most commonly preferred before other Churches whatsoever. which may be collected from a Canon of an 
p In Statut. Synod▪ Ms. in sap. dict. Biblioth. cap. 9  old Synod of Ireland held about these elder times of the English Church. neither is it likely but that the manners of these Northern Churches in that age were enough agreeable to each other. In that Synod it appears that any man might have bequeathed his burial to what Abbey best pleased him, and that the Abbot to whose Monastery the bequest was made, should have the Apparel of the dead, his Horse and his Cow for a mortuary, although he had before solemnly given all that he had to any other Abbot. whence may easily be conjectured that Monasteries were in chiefest reputation for 
q Videses c. 16. quaest. 1. c. 1● Agap●tus & 13. q. 2. c. 6. ubicunque. sed & vide Append. ad Concil. Later. part. 43. cap. 4.  burial, and had a right of it before any other kind of Parochial Church, if the dead made choice of any of them. and by the way for that course of payment of a motuarie (which the Saxons, 
r Vide Canuti Leg. cap. 13.  I think, called saƿlsceat) the same Synod affirms, that Omne corpus sepultum habet in iure suo Vaccam & Equum & Vestimentum & Ornamentum sui Lecti; nec quicquam horum reddetur in alia debita, quia corpori eius tanquam vernacula debentur. and although the certain age of that Synod appears not, yet it was after such time as Parishes were limited in regard of the Parishioners repairing to one certain Church and giving their devotions there only. for in it also are these words: quicunque discesserit de sua Ecclesia & in alia Ecclesia sepultus fuerit etc. what can sua Ecclesia be but such a kind of Parish Church, as at this day is titled so? that is, one limited in regard of the Parishioners and their profits received from them. But, in that of Edgar's ealden Minstre, it is plain that although Minstre specially denote a Monastery, yet all other Parish Mother Churches are understood by it. and indeed dyric and Minstre are frequent, as Synonomies in the Saxon monuments. But as the first part of his Law that gives all Tithes to the Mother Church of every Parish, meant in them a Parochial right to Incumbents, so also the second part, that permits a third portion of the Founder's Tithes to be settled in a Church new built, whereto the right of Sepulture is annexed, makes a dispensation for a Parishioner that would build such a Church in his Bocland or land possessed optimo iure, or as inheritance derived from a Charter of feoffment. And however that second part also of this Law, is iterated by King Knout, yet I doubt not but that such new erections within old Parishes bred also new divisions which afterward became whole Parishes, and by connivence of the time, took (for so much as was in the Territory of that Bocland) the former Parochial right that the elder and Mother church was possessed of. For, that right of Sepulture or having a legerstoƿ, was, and regularly is a Character of a Parish Church or Ecclesia, as it is commonly distinguished from Capella. and anciently if a quare impedit had been brought for a Church, whereas the defendant pretended it to be a Chapel only, the issue was not so much whether it were Church or Chapel, as whether it had Baptisterium or Sepulturam, or no. so it appears in a case of 
r Trinit. Placit. 23. Hen. 3. rot. 15. in arce Londinensi.  23. Hen. 3. where William of Whitanston in his count against the Archbishop of Canterbury, expresses, Ecclesiam de hay in Sussex to be of his advowson, and the Archbishop pleads that what he calls a Church, non est Ecclesia, imo Capella pertinens ad matricem Ecclesiam de Terringes, ita quod non est ibi Baptisterium neque Sepultura imo omnes qui nascuntur ibidem baptizantur apud Terringes, & similiter omnes qui ibi moriuntur, sepeliuntur apud Terringes etc. and thence was it also that the whole Clergy of England put the inquiry of such an issue among their grievances, when in 21. Hen 3. they desired Otho the Pope's Legate, among other freedoms, to get for them of the King, Quod 
s In Ann●l. Ms. Monasterij Bur●onc●sis▪ su● anno 1237. apud V.C. Tho. A●len. Oxon.  judices seculares non decidant causas Ecclesiasticas in soro seculari, nec tales homines determinent utrum talis Capella debeat habere Baptisterium & Sepulturam an non. For, if it had the right of administration of Sacraments in it and Sepulture also, then differed it not from a Parish Church, but might be styled Capella Parochialis, by which 
t Lind●ood in tit. de Censibus ●quamuis Lex naturae ve●b una Ecclesia & in tit. de cel●●r. M●sser. c essr●●at 1. & v●de Bract fol. 241. b & 〈◊〉. lib. 5. cap. 14. & B●cton fol. ●26. b  name some Chapels are with us known. and in the Saxon times also we find Coemiterium 
u In●ulphus fol. 489. b.  Capellae, for the burial place of a Chapel, which must be understood of a Church that had the like right as that which is mentioned. in the second part of Edgar's Law. and those other churches which in his and K. Knouts Laws are spoken of, that is, Churches without burial places, feldcyrican, or field-Churches, are only what at this day we call Chapels of ease, built and consecrated for Oratories, but not diminishing any thing of the Mother Churches profits. But also besides those original Lay foundations, some Parishes have had other beginnings since from alterations made in regard of the inconvenience of their former limits. And this by direction or authority both from the Pope, or Bishops, according as they saw occasion exacted; and from the King. For the Pope; we may see in the example remaining in the Decretals 
x Extr. tit. de Eccles. adificand. c. 3. ad audient●am. , where Pope Alexander the third sends his Decree to the Archbishop of York, reciting that in a complaint made to him, he had heard that a certain Town in his Province was so distant from the Parish church, that it was very difficult for the Inhabitants to repair thither, especially in winter, and withal that the Church revenue of the Parish (although that Town were exempted) was not insufficient for the Minister of the Mother Church, wherefore he commands the Archbishop to build in that Town a Church, and with assent of the Founder of the Mother Church, to institut at the Presentation of the Rector an Incumbent there, that might have to his own use all Ecclesiastic profits increasing in the limits of the same Town, and so acknowledge a superiority to the Mother Church, and that he should do it also whether the Rector of the Mother Church would assent or not. For the King; an old 
y Pat. 13. Me●. 3. part. 1. membr. 7.  example is in 13. Hen. 3. where because the Church of S. Peter in Chichester was very poor, & that only two Parishioners were in it, the King at request of Ralf Nevil then Bishop there & Chancellor of England, grants, quod eadem Ecclesia demoliatur & praedicti duo Parochiani qui spectabant ad ipsam assignentur imperpetuum Hospitali S. Mariae, quod eidem Ecclesiae est vicinum, ut ibi deinceps percipian● spiritualia & sint Parochiani eiusdem Hospitalis. And such like commands, occasions, and conveniences, doubtless have altered and made the limits of divers Parishes everywhere, both in the Country and Cities, which have to this day many of small Territory, but of large number of Communicants. For Parochial limits, thus much.    

CAP. X.  
I. The Practice of Tithing. Of K. Cedwalla's Tithing, being no Christian. the custom of the German-Saxons, in sacrificing their tenth captive to Neptune. Decima used for a less part also in ancient monuments.  
II. The Practice of Tithing in the Christian times of our Ancestors. the tale of Augustin and the Lord of Cometon touching none payment of them. the Tithe of every dying Bishop's substance to be given to the poor, by an old Provincial Synod: Tithes how mentioned in doomsday. Testimonies of payment of them. Henry the thirds grant of the payment of tithe of Hay & Mils out of all his demesnes. The beginning of Parochial payment of Tithes in common and established practice in England. How that common assertion; that every man might have disposed his tithes at his pleasure, before the Council of Lateran, is true and to be understood.  
THe Laws of this Kingdom for payment of Tithes, and the original of Parochial right to profits accrueing within the limits of every Parish Church (which were, after Lay foundations grew common, distinguished according to the adjacent possessions and tenancies of the Founders, and their Farms, Manors, Towns, and the like) being hitherto declared; the Practice of the times remains to be also discovered.  

I.  
In that, something also is observable among the Ancients of this Kingdom of a kind of Tithing, related to have been where Christianity was not yet received. Some of them tell us of Cedwalla King of the Westsaxons, that before his being made Christian (about the year DC.LXXXVI.) he tithed all his spoils of War to the Deity. So the Monk of Malmesburie. Arduum memoratu est, saith he, quantum etiam ante baptismum inseruiret pietati, ut omnes manubias, quas iure praedatorio in suos vsu● transcripserat, Deo decimaret. neither, if he did so, was it without some example of his Ancestors the German-Saxons (whence England was chiefly filled) who were wont to sacrifice to Neptune (I think) the Tenth of all captives taken in their piracies and incursions made by Sea upon the Gauls specially▪ so says my Author, that lived about the time of the German-Saxons first arrival here. his 
a Sidon. Apollinaru lib. 8. Epist. 6.  words, of them are. Praetereà priusquàm de continenti in patriam vela laxantes, hostico mordaces anchoras vado vellant, mos est remeaturis Demimum quenque captorum per aquales & cruciarias poenas, plus ob hoc tristi quod superstitioso ritu, necare super que collectam turbam periturorum mortis iniquitatem sortis aequitate dispergere. Talibus se ligant votis, victimis soluunt: & per huiusmodi non tam sacrificia purgati quam sacrilegia polluti, religiosum putant caedis infaustae perpetratores, de capite captivo magis exigere tormenta quam pretia. Neither, I think, is any other express mention of this their Tithing, among ancient monuments. and, for that their sacrificing to Neptune; indeed the Author Apollinaris here mentions him not. but, it being done at Sea and per aquales (for so is the true reading, although some there read aequales poenas) you may well conjecture it was to Neptune or to their supposed Deity of the Sea. and thus the most learned and noble Monsieur Savaron in his notes upon Apollinaris, expressly also makes it a sacrifice to Neptune. and although it be true that among their gods we find none named, that is denoted to answer to Neptune, yet, that some Deity of the same nature, that is some great Sea god was in their superstitions, may be easily collected not only from this relation of their cruel devotions, but also from their wondrous and accurate observation of the ebbs and floods (called by them Ledons' and Malins) which were the 
b Videses joseph. Scalig. de Emendat. Temp. lib▪ 2. & lib. 1. de Mirabilibus S. Scripturae D. Augustino 〈◊〉 iptum etc.  chief Directors of their account of times, as the Sun and Moon's motion hath ever been to other Nations. which doubtless was no small cause that the Sea was to them reputed a Deity, as the Sun and Moon also, before other Creaturers, in the ancient Theology of the Gentiles. But for that of Cedwalla; let it be upon Malmesburie credit, that he tithed his spoils. Bede, who might better have known it then Malmesburie could, relates no such thing of him. He says only, that when he conquered the Isle of Wight, according to a vow that he made to the Deity, he gave for the Lords use, the fourth part of the Isle (that is, CCC. Hides or Plough-lands of M.CC) and of his Martial gains, to Wilfrid, Archbishop of York, then being in those parts in banishment, and Bishop of Seseley. And 
c Ms. in Biblioth. Cotton● de quo apud Malmesbur. lib. 1. de est. Pontif. fol. 114. a.  Fridegod, that in the Saxon times wrote the life of Wilfrid in Verse, says hereof only by Apostrophe to Cedwalla, Tu quoque Pontificem multâ tellure beâsti, and mentions no more in particular. That which in the Latin Bede, in this story, is called Familia, is hid in the Saxon. And perhaps only such a kind of giving a fourth, or any part, upon vow to the Lord, was in that passage of Malmesburie understood for Tithing. Why might it not, as well as the four Thraves of Corn of every Plough-land, in the East-riding of York, given by King Athelstan to the Church of S. john of Beverley (which came, on the other side, not near to the Tenth) are styled Decimae in a Bull of one of the Pope Gregory's (I think the ninth) which I have seen transcribed. As if Decimae in one notion had signified any kind of revenue, devoutly offered to holy uses. as, upon other reason, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 denotes also 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 among the Greeks. Those four Thraves of every Plough-land were, before that Grant, payable into the King's avenary 
d Fulcardus Derobornens. de vita & mi●ac I de Beverlaco recens Ms. in Biblioth. Cotton.  by custom of the Country. And in athelstan's Charter (as I 
e Ms● in eadem Biblioth.  found it transcribed) they were thus expressed, 
ða forne ðraue by heaven cyng  
Of ilc a plou of Estreding.  And for that more general notion of Decima or Decimatio, I have seen the transcript of a Deed made 
f Chartular. Ms. Monasterij de Giseburne in dict. bib.  by Robert de Hesel to the Monastery of Giseburne in Yorkshire, wherein he gives duas garbas de tota terra quam de novo colui in Territorio de Hesel postquam illam tenui aut quam ego de caetero colam vel haeredes mei, ita ut Decimatio haec cedat in fabricationem Ecclesiae novae de Giseburne. Here the gift of two Sheaves is called Decimatio.   

II.  
For the practice of payment among Christians, both Britons and Saxons; might we believe the common tale of that Augustine, the first Archbishop of Canterbury Province, his coming to Cometon in Oxfordshire, and doing a most strange miracle there, touching the establishing of the Doctrine of due payment of Tithes, we should have as certain and express authority for the ancient practice of such payment, as any other Church in Christendom can produce. But as the tale is, you shall have it, and then censure it. About the year (they say) DC. Augustine coming to preach at Cometon, the Priest of the place makes complaint to him, that the Lord of the Manor having been often admonished by him, would yet pay him no Tithes. Augustine questioning the Lord about that default in devotion; he stoutly answered, That the tenth Sheaf doubtless was his that had interest in the nine, and therefore would pay none. Presently Augustine denounces him excommunicate, and turning to the Altar to say Mass, publicly forbade, that any excommunicate person should be present at it, when suddenly, a dead Corpse, that had been buried at the Church door, arose (pardon me for relating it) and departed out of the limits of the Churchyard, standing still without, while the Mass continued. Which ended, Augustine comes to this living-dead, and charges him in the name of the Lord God to declare who he was. He tells him, that in the time of the British State he was huius villae Patronus, and although he had been often urged by the Doctrine of the Priest to pay his Tithes, yet he never could be brought to it; for which he died, he says, excommunicate, and was carried to Hell. Augustine desired to know where the Priest that excommunicated him, was buried. this dead showed him the place; where he makes an invocation of the dead Priest, and bids him arise also, because they wanted his help. The Priest rises. Augustine asks him, if he knew that other that was risen. he tells him, yes; but wishes he had never known him. for (saith he) he was in all things ever adverse to the Church, a detainer of his Tithes, and a great sinner to his death, and therefore I excommunicated him. But Augustine publicly declares, that it was fit mercy should be used towards him, and that he had suffered long in Hell for his offence (you must suppose, I think, the Author meant Purgatory) wherefore he gives him absolution, and sends him to his grave, where he fell again into dust and ashes. He gone, the Priest new risen, tells, that his Corpse had lain there above C.LXX years; and Augustine would gladly have had him continue upon earth again, for instruction of Souls, but could not thereto entreat him. So he also returns to his former lodging. The Lord of the Town standing by all this while, and trembling, was now demanded if he would pay his Tithes; but he presently fell down at Augustine's feet, weeping and confessing his offence; and receiving pardon, became all his life time a follower of Augustine's. Had this Legend truth in it, who could doubt, but that payment of Tithes was in practice in the Infancy of the British Church? The Priest that rose here from the dead, lived (if he ever lived) about CCC.XXX. after Christ, and would not surely have so taxed the Lord of this Manor only, if the payment had not been usually among other good Christians here, not taught only, but performed also. Neither need I admonish much of the authority of it. the whole course of it directs you how to smell out the original. Beside the common Legend of our Saints, it is in some Volumes put alone, for a most observable Monument. and I found it bound up at the end of the Ms. life of Thomas Becket, Archbishop of Canterbury, written by john de Grandisono. and it remains in the public Library of Oxford. There also you have it related in joannes Anglicus 
g Ms. part. 1. lib. 17. cap. 72.  his Historia Aurea, and, in the Margin, are noted to it these words: Hoc miraculum videbitur illis incredibile qui credunt aliquid Deo esse impossibile. sed nulli dubium est quod nunquam Anglorum durae ceruices Christi iugo se submisissent nisi per magna miracula sibi diunitus ostensa. But let the truth be as it will, I do not believe, that the fable can be found, nor any steps of it, above CCCC. year old at most. But, to leave such testimony, no doubt can be, but that some practice of payment was here used very anciently, which (beside the devotion to be supposed in Christians, and the Doctrine of ancient Fathers, which, very likely, wrought here as in other Western Churches) might be collected, by good probability, out of those Laws alone of the Saxon times which questionless were not without some effect, being so often renewed. Neither is the memory of some use of payment here, in these more elder times, omitted in the relics of antiquity. In the Ms. life 
h In Bibl. Cott.  of the British Saint Cadoc, among some Laws of his Church of Lhancaruan, which seem to be attributed to his time (which falls about our Augustine or before) one is, Quicunque decimaverit, debet dividere in tres parts. primam dabit Confessori, secundam Altari, tertiam orantibus pro eo. but the Author of this whence we have it, wrote not till after the Norman Conquest. And it is reported also of Eadbert Bishop of Lindisfarn or Holy Island, that he was Eleemosynarum operatione (as 
i Eccles. Hist. lib. 4. cap. 29.  Bedes words are) insigni ita ut juxta legem omnibus annis Decimam non solum quadrupedum, verum etiam frugum omnium & pomorum necnon & vestimentorum partem pauperibus daret. which words are almost repeated also by Turgot Prior of Durham, 
k Ms. in Biblioth. Cotton. & apud V.C. Th. Allen. Oxon.  that wrote the story of that bishopric. But here no custom of the place or common use is noted, but only a special devotion of Eadbert. and for that of juxta legem; you must understand it of Moses Law. and so is it expressed in the Saxon Copy of Bede, where I read that he did it after Moses ae, and that is, according to the Law of Moses. Neither is the regard in those times had to a tenth (although not yearly) to to be paid as for a soul's ransom, to the poor, after the death of every Bishop out of his estate, to be here wholly neglected. Out of this regard may be inferred that therein also the Tenth was reputed as a sanctified part. And we learn it out of a Council 
l Ms. (compact. inter Monimenta Eccles. Landa●. in Biblioth. Cott.) cap 10.  held in DCCC.XVI. In loco famoso (as the words of it are) qui dicitur Celichyth, Praesidente verò Wlfredo Archiepiscopo caeterisque adsedentibus australibus Anglorum Episcopis, which hath this Canon. jubemus, & hoc firmitèr statuimus ad seruandum, tam in nostris diebus quamque etiam futuris temporibus, omnibus successoribus nostris qui post nos illis sedibus ordinentur quibus nos ordinati sumus, ut quandocunque aliquis ex numero Episcoporum migraverit de seculo, tunc pro anima illius praecipimus ex substantia uniuscuiusque rei Decimam partem dividere ac distribuere pauperibus in eleëmosynam sive in pecoribus & armentis seu de ovibus & Porcis vel etiam in Cellarijs, necnon omnem hominem Anglicum liberare qui in diebus suis sit seruituti subiectus, ut per illud sui proprij laboris fructum retributionis percipere mereatur & indulgentiam peccatorum. And for the succeeding times of the Saxons; we may well conjecture a practice of payment out of King Knonts' Epistle sent in M.XXXI. as he departed homeward from Rome, by Living Abbot of Tanystok to Athelnoth and Alfrique, the two Archbishops by name, and to the rest of the Bishops & Baronage of England. he therein straightly charges them all, that according to the ancient Law they should take care that Tithes were duly paid among other Church revenues, wherein if he found default at his coming they should expect severe punishment. the words were: Nunc 
m Apud G. Malmesbur. de gest. Reg. Angl. lib. 2. cap. 11.  igitur obtestor omnes Episcopos meos & regni mei praepositos per fidem quam mihi debetis & Deo, quatenùs faciatis ut antequam in Angliam veniam, omnium debita, quae secundum legem antiquam debemus, sint persoluta, scilicet eleemosyna pro aratris, & Decimae animalium ipso anno procreatorum, & Denarij quos Romam ad sanctum Petrum debetis, sive ex urbibus sive ex villis, & mediant Augusto Decimae frugum, & in festivitate S. Martini primitiae seminum ad Ecclesiam sub cuius Parochia quisque degit quae Anglice Cur●scet nominatur. Haec & alia, si cum venero, non erunt persoluta, regia exactione secundum leges in quem culpa cadit districtè absque venia 
n Forsan Compensabit.  comparabit. and the Monk that relates it, adds, nec dicto deterius fuit factum. But what ever may be out of these testimonies concluded, it is noted among the Laws attributed to Edward the Confessor, that what through the coldness of devotion, what through the neglect of demanding Tithes by the Clergy, that were otherwise grown very rich in real endowments, the practice of payment of them was much diminished. Sed postea instinctu diaboli (are the words which follow immediately what is before in the Chapter of Laws §. XIII.) multi Decimam detinuerunt, & Sacerdotes locupletes negligentes non curabant inire laborem ad per quirendas eas, eo quod sufficienter habebant suae necessaria vitae. Multis enim in locis modo sunt tres vel quatuor Ecclesiae ubi tunc temporis una tantùm erat, & sic ceperunt minui· but we are not sure that this addition to the Law is as ancient as the Confessor. I think it indeed rather of somewhat later time. yet doubtless the general practice of payment according to those ancient Laws, however it might be in elder times, was about the Norman Conquest, much discontinued, which may be specially observed out of that book of doomsday (the original Copy whereof yet remains in the Receipt of the Exchequer) in which the Possessions and Revenues both of the Clergy and laity were accounted and valued, by the oaths of Inquests taken in every County upon commission, and so returned thither about the end of the Conquerors reign. There, frequently enough, Churches are mentioned by the words of Ibi Ecclesia & Presbyter, or such like; and how many Carves or Hides of land, how many villains, and other endowments and revenues belongs to them, are reckoned, with their values. But very rarely any Tithes among those Church revenues are there found. if none at all had been named, it might have been thought that they had been omitted as a more sacred profit, than was fit to be taxed in such a Description. But some, although very few, occur in it. as under Terra Osberni Episcopi in Boseham in Sussex, you may there find that Decimam Ecclesiae Clerici tenent, & valet XLs. where the lest value of the Manor is made at XLli. per annum. in Hampshire under Terra Osberni Episcopi, you read Ecclesia S. Michaelis de Monte tenet de Rege in Basingestoches Hundred, unam Ecclesiam cum 1. hida & Decimam de Manerio Basingestoches. Ibi est Presbyter. So in the same Shire under Terra Regis; Ipse Rex tenet Wallope etc. ibi Ecclesia; cui pertinent una hida & medietas Decimae Manerij & totum 
o i. Church sce●.  Curset, & de Decima villanorum XLVI. denarij & medietas agrorum. Ibi est adhuc Ecclesiola ad quam pertinent VIII. acrae de Decima. for these VIII. acres of Tithes, see before in the Chapter of Laws §. IX.X. and XI. And in the same Shire also among the Abbot of Lire's possessions, the Tithe of Cladford is reckoned, as also of Adrintone. and also the Tithes of Stanham are possessed there by one Richerius Parson of the Church of Stanham. and under Terra Canonicorum de Tuinham, is found, Ad hanc Ecclesiam pertinet tota decima de Twinham, & tertia pars Decimarum de Holchest. and in the Isle of Wight there, VI Churches, belonging to the Abbey of Lyre, Decimas habent de omnibus redditibus Regis. So in Bedfordshire the Church of S. Marry de Cormelijs, hath divers Tithes among its revenues. But the mention of Tithes where Churches are nevertheless spoken of, is but very seldom through that whole Description. and indeed in certain Counties as Somerset, Devon, Cornwall, and some few others, you shall rarely have a Parish Church noted, but in others, very often Churches are, but very few examples of their having Tithes. sometimes also grants of Tithes by Lay owners are there mentioned, out of the use of which it may be well thought that the moieties or third parts of tithes belonging to this or that Church, had their beginnings. But thereof more particularly in the next Chapter, where we speak of arbitrary Consecrations. And in most Appropriations of Parish Churches made in the Saxon times (the ancient course being to grant, in appropriating, Ecclesiam cum Decimis) no mention is of Decimae, but other possessions of the churches granted are most particularly inserted in the instruments; of which some examples are published in Ingulphus Abbot of Crowland, and very many occur in Chartularies of old Monasteries. 
Ms. in Bibl. Cott.  But see also for this matter the authorities anon brought to another purpose in the XIV. Chap. §. 2. For the following age (besides some examples related in the next Chapter, out of which some kind of known payment at least, to some Churches, may be without difficulty collected) that we may here omit also the divers Appropriations, in the 
p Ante ●lla V●u monumenta co●s●las si placet Ca●t●l. Roffensi● Ecclesia, ibid.  times presently ensuing the Conquest, of Ecclesiae cum Decimis, which denotes either some payment or interest of Tithes settled by Consecrations in them; In the life of S. Cuthbert Bishop of Lindisfarn written by some Monk under Hen. I. it is related, that in that authors time a great penury of food being in Lindisfarn (that is, in Holy Island) the Sea left upon the shore LXV. fishes, whereof every one was a sufficient draft for a yoke of Oxen; and that a Monk came to the Lord of the adjoining soil, and desired the Tenth of that abundance so sent by the hand of God. Saltem Decimas (as the words are) quod Legis & Provinciae consuetudo exigebat, Ecclesiae requisivit, sed omnibus negatis rubore simul & dolore confusus discessit. here the practice of payment is noted by Provinciae consuetudo. and about the same time the fashion about Abingdon was to pay the Tithes to the Abbey (due either as it was an elder Minstre by K. Edgar's Law; or as they had been consecrated; whereof more in the next Chapter) by whole Hides and Acres. His diebus, says the chartulary of that Abbey, raro à quoquam Decima messium ut lege praecipitur in Abbatia ipsa dabatur, sed aut de Hidagio XL. manipuli quos vulgò garbas vocant, aut Decima suae culturae Acra porrigebantur. and for the time under Henry the second; an Epistle sent from Rome by Pope Alexander the third, to the Bishops of Worcester and Winchester, recites the general institution (which may be understood for custom) of the Church of England to be that every Parishioner should pay his Tithe corn to his own Parish. Cum homines (so it 
q In Append ad Concil. Lat●r. part. 4. cap▪ 4.  speaks) de Hortuna secundum generalem Ecclesiae Anglicanae institutionem, de frugibus suis novem partibus sibi retentis Decimas Ecclesiae cuius parochiani sunt sine diminutione solvere teneantur etc. wherewith agrees the preamble of his Decretal, remaining yet in the body of the Canon 
r Extr. tit. de Decimis c. 5. pervinit.  Law. there he begins with Quod cum Parochiani vestri (that is all the Parishioners within the Diocese of Canterbury) Decimas bonorum suorum consueverint Ecclesijs, quibus debentur, cum integritate persoluere; nunc tam laudabili consuetudine praetermissâ quidam ex eis de lana & de faeno, & de proventibus molendinorum & piscariarum Decimas ipsis Ecclesijs subtrahere non verentur. hereto add that of one of his predecessors 
s Ibid. c. 4. Commissum est.  Hadrian the fourth to the Archbishop of Canterbury, where a Parochial payment of Tithes seems to be spoken of as of known right. and in a composition made by the Abbot 
r In Regest. Mon. Leonmin●t. sine Rading in Bibl. Cotton. & vide App. ad Concil. Lat part. 48. cap. 1.  of Euesham a judge Delegat from Pope Honorius in M.CC.XX it is taken clear that certain Tithes de iure communi pertinent ad Ecclesiam de Leonminstre eo quod sitae sunt infra limites Parochiae Ecclesiae de Leonminstre, according as the Texts of the Canon Law of about that time expressly also affirm. The composition was between some of the Diocese of Hereford, and the Abbot of Wigmore. like admissions of that Law are in other instruments, in the Leger book of Reading, for the Church of Lemster. But conclude not out of them for practice, without observation of the examples of the next Chapter. And it appears that in 11. Hen. 3. a special grant was made by the King, that Tithes of Hay and Mills should be paid from thenceforth in all his demesnes lands (that is all occupied either by his Villains or bailiffs, or by Lessees that came in after the grant) which before then had not been paid. Dominus Rex, says the 
u Rot Claus. 11. Hen. 3. part. 1. membr. 9 in Dorso. & Rot. Claus. 12. Hen. 3. membr. 7. in Dorso. & Claus. ●7. Hen. 3. Dors. 16. & Dors. Claus. 20. Hen▪ 3. membr 24. & Claus. 21. Hen. 3 membr. 10.  record, de Concilio Archiepiscoporum & Episcoporum suorum concessit ut Decimae faeni & molendinorum de singulis Dominicis suis in regno suo de caetero praestentur. Et mandatum est ballivis de Corsham quod de Dominico suo de Corsham Decimas faeni Ecclesiae de Corsham dari faciant. T. R. apud Westmonast. XVIII. die Maij. and according to this, were divers close Writs sent out in the following years. Of the times afterward, we find more certain testimonies showing the common right of Tithes and that Parochial; as the Writ of Indicavit, grounded upon the Statut of Circumspectè agatis, made in 13. Ed. 1. discovers, that in and before that time the Parochial Tithes were most known revenue of every Church, with which agrees the ancient and present form of the Count, in a Writ of Right of Aduowson of a Parish Church, wherein the Esplees are chiefly laid in Tithes, because the advowson of the whole Tithes, is no other than the advowson of the Church, as judge Stoner 
x 4. Ed. 3. fol. 27. ●.  says in Corbets case. And by the practice of the Kingdom, it became clear Law (as it remains also at this day) that regularly, if no other title or discharge, to be specially pleaded or showed in the Allegation of the Defendant, might appear, every Parson had a common right to the Tithes of all annual increase (predial and mixed) accrueing within the limits of his Parish, without showing other title to them in his Libel. That appears frequently in our Yeer-books, where the Issues, taken upon Parochial Limits, are reported. But we may here not untimely remember an occurrence in the Petitions 
y In Codic● Vet Ms. apud V.C.I. Borough. Scrinior●● in Arce Lond. prafectu●●●  of the Parliament of 33. Ed. 1. touching the Tithes of Cornwall, challenged by the Parsons and Vicars there. De Personis & Vicarijs (says the entry) petentibus Decimam in Cornubia, ubi Rex soluit annuatim Episcopo Exoniensi pro Decima praedicta; ita responsum est. Fiat sicut consuevit tempore Comitis & Regis. The Earl and the King there meant, are that great Richard, and Henry the third. But this must not be understood of the Tithes generally in the County, although the words might import as much, as if the Bishop had received them all. It was doubtless for the Tithe of the Stannaries only. For it is true, that the Bishop of Exeter had the Tithe of the profits or rend of the Stannaries there anciently given and paid him. and thereof testimony enough 
z Vide R●t Fin. 4. Hen. 3. membr. 1. & C●aus. 5. Hen. 3. membr. 6.  is upon record. and to that purpose also is that Marginal Note, in the Book of those Parliaments, Stagmen Cornubiae. clearly, that goes for the Stannum Cornubiae, as Stagminatores for those of the Works. For the time of Edward the third and Richard the second (beside that of the Tithes of silva caedua, or Copis Wood, whereof enough before, in the Laws that belong to it) you may remember those complaints of Chaucer's Ploughman against the Clergy of his age. 
Their Tithing and their Offering both  
They clemeth it by possession,  
Thereof nile they none forego,  
But robben men by ransom.  And then, of Parish-Rectors. 
For the Tithing of a Duck,  
Or an Apple, or an 
* Egg.  Ay,  
They make men swear upon a Book,  
Thus they foulen Christ's faith.  And, 
He will have Tithing and Offering,  
Maugre whosoever it grudge.  And in the Freres Tale, And small Tithers they were foul yshent before the Archdeacon. To these (for Personal Tithes) you may add that of Mortuaries, payable in Beasts regularly before the Statute of 21. Hen. 8. which were reputed due upon the general presumption of every Defuncts negligence in payment of his Personal Tithes. The mortuary was therefore (by the Canons) to be presented with the body at the Burial, as a satisfaction of omission, and negligence in paying to the Church 
a Lindw● tit. de consuetudine, c. statutum, lit. f. & 21. Hen. ●. cap. 6.  those Personal Duties. And thence was it styled Corse-present; according whereto, I have seen a justification in the Eire of Derby of 4. Ed. 3. to an Action of Trespass brought by Thomas of Goustill against the Parson of Whitwell, for the taking of a Horse; in which the defendant pleads, that it was the Horse of one I. Leyer his Parishioner that died, Et que le dit Chival ensemblement oue autres choses fust mesnes & present all Esglise come en nosme de Mortuarie devant le corps mesme le iour etc. & il come Parson les priest & resceut auxi come custom de la terre & de Seint Esglise est etc. These show plainly the received and acknowledged Parochial right, in the practice of those times, which hath to this day continued. neither is it at all necessary to add more for the uniform continuance of it. Saving only, that where any Statute hath made a discharge, or Prescription or Custom hath settled a Modus Decimandi or certain quantity payable, though never so little, for the Tithe, there, by the Laws of the Kingdom, the owner is not bound to pay other Tithe, than the Statute or Custom or Prescription binds him to. Which yet must be so understood in the case of Lay men, that Custom or Prescription founded in their possessions as Lay, cannot wholly discharge the Tithe, or be de non Decimando, but may well be de modo only; otherwise is it in the case of spiritual persons, that may by the common Law be by Prescription wholly, discharged and prescribe de non Decimando. And this is regularly clear Law. But at what time this Parochial and common right became first settled with us in practice, is not so clearly known. and though those Decretals, before cited, suppose it a thing of custom here in Henry the II. his time, yet if credit might be given to the report of those English Monks, which (as we have before related) referred the ordaining of Parochial right in Tithes to the General Council of Lions, held under Gregory the tenth, than we might conclude the right of it no ancienter than about the beginning of our Edward the first. But whatever they meant, it is certain, that some, both synodal and secular Laws of this Kingdom, had, before that time, ordained this right. Yet indeed it will be found, that the Practice of it here (as also in other Countries) was not settled till some M.CC years after Christ, or, at least, was, for many years before, & some after, discontinued. Which may partly be collected out of that Decretal of Pope Innocent the third, sent into this Kingdom, and dated in the Lateran; which is before at large in the Chapter of Laws, §. XXIII. For however the recitals are in those of Alexander the third (the one speaking of Generalis institutio for Parochial payment, which, as it may denote common custom, so also may be understood for some Law of the Kingdom, as that of Edgar's, Knouts, the Confessors, or some other before related; the other, of Consueverint Ecclesijs quibus debentur, which doth not of necessity include a general practice of Parochial payment, but may as well denote the duty that comes from arbitrary Consecrations; of which, in the next Chapter) it is most certain, that before about the year M.CC after Christ, that is, about the time of King john, it was most commonly practised by the laity, to make arbitrary Consecrations of the Tithes of their possessions to what Monastery or Church they would, sometimes giving half, sometimes a third part, and at their pleasure all, in perpetual right, or otherwise, according to the nature of those Consecrations in other Countries; of which, enough is before related. Neither doth express testimony hereof want in that Decretal of Innocent the third, made against these kind of arbitrary Consecrations. Multi (saith he) in Diocesi tua (that is the Province of Canterbury) Decimas suas pro sua distribuunt voluntate. Neither may you understand it, as if it had been done by the wayward opposition of some only against the received and allowed Laws of the Kingdom. For notwithstanding all those Ordinances, both Secular and synodal, anciently here made for due payment, it is clear, that in the time before about that Innocent, it was not only usual, in fact, for Lay men to convey the right of their Tithes, as Rents-charge, or the like, to what Church or Monastery they made choice of, but by the course and practice of the Law also of that time (both Common and Canon, as it was here in use) such conveyances were clearly good, and what was through them so acquired, was continually, and is to this day (except some particulars, which either the Pope's authority of later time, or new Compositions or Grants, or the like, have altered) enjoyed by the Churches, that, yet remaining, had portions so anciently given them, or by the King or his Grantees of impropriated Tithes; very many of which, had their chief original from those arbitrary Consecrations (which you may well call Appropriations of Tithes) and not from the appropriating only of Parish Churches, as some out of gross ignorance, with too much confidence, deliver. But thereof you may see more in the examples of the next Chapter. where, for most apparent proof of the practice of arbitrary Consecrations in those times, Monuments enough are collected. This arbitrary disposition, used by the laity as well de iure (as the Positive Law, then received and practised, was) as de facto, is that which Wicclef remembered in his complaint to the King and Parliament under Richard the second. His words are: A Lord God, 
b Why is this reason, or is this reason.  where this be reason, to constrain the poor people to find a worldly Priest, sometime unable both of life and cunning, in pomp and pride, covetise and envy, gluttony, drunkenness and lechery, in simony and heresy, with fat Horse, and jolly and gay Saddles and Bridles, ringing by the way, and himself in costly Clothes and Pelure, and to suffer their wives and children, and their poor neighbours, perish for hunger, thirst, and cold, and other mischiefs of the world. A Lord jesus Christ, sith within few years, men paid their Tithes and Offerings at their own will free to good men, and able to great worship of God, to profit and fairness of holy Church fight in earth. 
c Why is it lawful.  Where it were lawful and needful, that a worldly Priest should destroy this holy and approved custom, constraining men to leave this freedom, turning Tithes and Offerings into wicked uses. But what he calls a few years, will fall out to be about CC. for he wrote about the year M.CCC.XC. With him well agrees some passages in our Yeere-bookes of the times before him. As in 7. Ed. 3. fol. 5. a. Parning truly affirms, that in auncien temps devant un Constitution de novelle fait per le Pape, un Patron d'un Esglise puit granter Dimes, deins mesme le Paroche a un alter Paroche. And Herle there in his answer seems to admit it clear. So also (touching others as well as Patrons) Lodlow, judge of Assize in 44. Ed. 3. fol. 5. b. En auncien temps chescun home purroit graunter les Dismes de sa terre a quel Esglise il voudroit. Quod verum est, says judge Brooke, in abridging the case. But what new Constitution of the Pope is meant there by Parning? some later 
d Vide 10. Hen. 7. fo●. 18. a. 7. Ed 6. Dyer fol 84. b. & Coke Report 2. fol. 44. b.  Books tells us, that from the Council of Lateran the first alteration of that course of arbitrary disposition came. But plainly, no Council of Lateran hath any Canon that altered the Law in it, except that under Alexander the third, before spoken of in the end of the sixth Chapter, may have place here: which, indeed, the Canonists will not endure, unless you restrain it only to ancient Feudall Tithes. And they suppose, every man might have arbitrarily conveyed, before that Council, his feudal Tithes to what Church he would. And so expressly says our 
e Tit de locat & conductor. licet. verb. portiones.  Lindwood. Ante illud Concilium benè potuerunt Laici Decimas in feudum retinere & eas alteri Ecclesiae vel Monasterio dare; non tamen post tempus dicti Concilij. But if those which with us talk here of the Council of Lateran, mean that under Alexvnder the third, and apply it generally to arbitrary Consecrations of new Tithes, not feudal, I doubt they are much nearer the true meaning of that Council than any of the Canonists. especially while they speak of this Kingdom. for arbitrary Consecrations before about the time of that Council are found here infinite, as presently shall be showed. But of ancient feudal Tithes (however they were common in other States) scarce any mention at all or taste is with us. but thereof more in the XIII. Chapter. And, it may be, that when, from the Canonists, some of our Lawyers had learned that feudal Tithes might have been conveyed before that Council arbitrarily by the owner; and saw withal that scarce any sign was of feupall Tithes in this Kingdom, yet an abundance of old arbitrary Consecrations, the use whereof ceased about the time of the Council; in the words of it no regard or mention being had of feudal but only Tithes in general; they concluded (who sees enough why they might not?) that before that Council every man might have arbitrarily disposed of his tithes. that is such tithes as were not formerly settled by any civil Title. But if this will not be allowed for the Law of change of those arbitarie conveyances; why may it not first be that Parning by his Constitution de novelle fait per le Pape, meant that 
f Quam vide supr. cap. 8. §. 23.  of Pope Innocent the third, sent to the Archbishop of Canterbury in King john's time (and perhaps it was soon after received into the Province of York either by imitation or through the power Legatin, which the Archbishop of Canterbury commonly exercised through the whole Kingdom) to command a Parochial payment? For also by the name of a Constitution newly made by the Pope, some such thing rather than a Canon of a general Council, is perhaps denoted. And then why might it not happen that the Decretal of Innocent the third, bearing date in the Church of Lateran should be thence denominated, and that afterward those which truly understanding it, called it therefore a Lateran Constitution, gave cause of mistaking to others that took it for a Constitution of a general Council of Lateran? especially too because it was about the time of the general Council of Lateran (held under the same Pope that sent it) of which more notice hath been taken in our Law then of any other of that name. and indeed he that affirms that before the Council of Lateran Lay owners might have disposed their Tithes, cuicunque Ecclesiae secundum meliorem devotionem, as Dyers words are, speaks true enough, if his words may receive this easy interpretation. that is, that till about that Council of Lateran they might have done so; not that the Council under Pope Innocent restrained it, but that either the next Council of Lateran before, that is under Alexand. the III. or the Pope by a Constitution, received here from Rome and dated in the Church of Lateran, about the time of that Council of the year M.CC.XU ordained the contrary. so that in this last way the name of the Council may be a note only of the time about which it was restrained, not of the authority whence it was forbidden. Perhaps those Canons of Pluralities, of Exemptions, of the three orders, and some such more which we received from that Council under Innocent, were brought into England at once with this Decretal Epistle; and if so, then also it was no more strange to have the Decretal afterward titled by the name of a Constitution of the Lateran Council, than it happened in the denomination of the Statutes of Aide de Roy and Vourcher, made in 4. Ed. 1. every of which are styled by the name of Statutum de Bigamis. yet only one Law de Bigamis received out of the general Council of Lions, is among those Statutes; and that is even as much a stranger to the rest of the Constitutions bearing the same name with it, as Pope Innocent's Decretal was to the whole Council of Lateran. However, it is most clear (let froward ignorance as it can continue to oppose the assertion) that for CC. years at lest before about the time of the Council of Lateran, held under the same Pope, arbitrary Consecrations of Tithes with us were frequent, and practised aswell of positive right (if we may take that for right, in things subject to human disposition, which general consent of the state allowed; as no man that knows what makes a positive right, can deny) as of fact; which because they are best conceived of by the particular testimonies and precedents of them, in the following Chapter many shall be transcribed; that are all (except one or two in the Province of York; neither is it likely that in every place here, and by every man the intent of that Constitution was suddenly observed, and perhaps also it was not so soon altered in York Province as in this of Canterbury, in regard that the Decretal was sent only to Canterbury Province) of the time before that Decretal and taken out of the most choice and authentic monuments, that may afford help to the disquisition of this point so little, so not at all vulgarly or indeed any where publicly discovered.    

CAP. XI.  
I. arbitrary Consecrations of Tithes (before about the time of the most known Council of Lateran) by conveyance from the owner of all or part to any Church or Monastery at his pleasure, in examples selected out of monuments of infallible credit.  
II. A Writ in the Register intelligible only from those arbitrary Consecrations. a like example to it out of the book of Osney.  
III. The liberty of the Baronage anciently challenged to build Churches in their Territories. Parochial right to Tithes settled in Practice.  
IV. Of Tithes of increase in lands not limited to any Parish. How by the common Law they are to be disposed of.  
BEsides the many testimonies that may be had out of the Portions especially possessed by some Churches or Monasteries, many of which had no other beginning then from arbitrary Consecrations, made by owners of Tithes, in two parts, or third parts, or otherwise at their pleasure to any Church or Monastery; the frequent memory of Instruments of such Consecrations (made according to the practised Law of the time chiefly interceding from the year M. till some years after M.CC of our Saviour) is to be principally observed in this disquisition. The original monuments of those elder ages afford us plenty of them. And in regard of the easier connexion and more compendious way of delivery, we shall rather severally follow the singular courses of every of the Chartularies or other monuments, which tell us of those kind of consecrated Tithes, then dispose together every arbitrary Consecration according to the order of time. The several Titles of books whence we have them shall chiefly direct in the general order. but neither shall the particular time, of every of these selected examples of Consecration, be omitted.  

I.  
The chartulary of the Abbey of 
a In bibl. Cottoniana.  Abingdon shall obuiously have first place. In it, in the time of K. William the second and Rainald Abbot, occurs; that Vivente praedicto Rainaldo Abbate, trium Decimationum, Ecclesiae huic facta est una ab Herberto de villa sua Lakine, appellata Henrici de Ferrarijs 
b L. Militis.  Milite; scilicet frugum, agnorum, caseorum, vitulorum, & porcellorum. Quod & Robertus filius eiusdem post patris mortem confirmans, concedente Domino suo praedicto Henrico, Abbendoniam venit, pro patris & sui suorumque salute praefatam hîc Decimationem perpetualitèr tradidit; sibi fratribus suis germanis Huberto & Stephano in his faventibus; etiam istis amicis suis videntibus Quirio de Mo●nais, & fratre eius Hugone & Roberto filio Aldulfi de Be●retuna. Altera à Seswaldo de villa sua Hildeslea caseorum scilicet & vellerum suarum ovium. Quod & haeres & filius eius Frogerus post eum denotè confirmavit. Quae utraeque Decimationes luminaribus & ministerijs Altaris Sanctae Mariae ab eo die specialitèr delegatae hucusque in hoc expenduntur. Tertia à Rotberto cuius erat cognomen Marmiun, & à filio ipsius Helto de villa sua Henreda, frugum omnium suae propriae lucrationis. Sed & post illos à Radulfo cognomento Rosel idem concessum. And then follows Rosel's Charter to that purpose: Ego Radulphus agnomento Rosellus concedo volo atque praecipio seruientibus meis ut segetes meas de Hen●eth deciment ad ostium Granciae meae quae ibidem habetur & ipsam Decimam rectè & fidelitèr seruienti S. Mariae deliberent. And this Tithe was in the sole disposition of the Almosner of the Abbey. Out of IV. Hides also lying in the same Henred, a consecration of the Tithe had been made before in the time of the Danish government, by a Dane, and is thus there reported. Tempore Danorum, fuit quidam eorum qui possidens VII. hidas in Henreda, propter vicinitatem Abbendoniae & amorem S. Mariae Virgins & aliorum Sanctorum qui mihi digniter coluntur, dedit Decimam de Dominio eiusdem terrae Ecclesiae S. Mariae Abbendonensi in eleëmosynam pauperum hoc est de four hydiss; quam terram Helto Marmiun Deo & Sancto Stephano Cadomi dedit. Ecclesiae verò Abbendonensi Decima de Dominio praedicto in aewm permansit. Then follows a Charter of Henry the first, wherein all the grants of Lands, Churches and Tithes made or thence after to be made by Alberique de Ver and Beatrix his wife, their son Alberique and his brothers, or by their Tenants to the Monastery of Colme in Essex (which was a member or as a Cell of Abbingdon, and erected by Alberique their▪ father) are confirmed; and in them two parts of the Tithe de omnibus rebus in the Manors of Hethingham, Belcheam, Laureham, Aldeham, Duurecurt, Bonecleide, and Rodinges, and half of the Tithe of Walde and Wadane, are recited to have been conveyed to the same Monastery, Et dimidia Decima Deimiblanc de Cola, & Tertia pars Decimae Ranulfi magni. this is dated XI. Hen. 1. at Reding, that is M.C.XI And Faritius Abbot of Abingdon (as it is further remembered) at Colme solemnly received investiture or seisin of every of those and other possessions so granted by the hand of Picot Sewer to Alberique de Ver, with the testimony of his wife, children, and many of his Tenants. And the Patent of Henry the first is there extant, wherein tota Decima de venatione quae capta fuerit in Fo● esta de Windesore, is granted to the Abbey, which was after confirmed by Henry the second, Richard the first and others. In the same chartulary about the beginning of the same Henry the Tithes of Bulhey of Cildestun are given to the Abbey by William of Sulaham; in Hanney by Osbern and Turold; of Offington by the Tenants there; of Wekenfield by William of Wecenfield; of Eton by Roger Fitz-Alured. and divers such are related. and the words of the most observable passages touching them shall be here infered. Anno V. regni Henrici Regis intrante (says the book) Willielmus de Sulaham dedit Deo & Sanctae Mariae & Abbati Faritio & Monachis in Abbendona Decimam villae suae quae Bulhea vocatur. die videlicet Assumptionis eiusdem S. Mariae. Eodem etiam die confirmavit donum de alia decima quam anteà dederat de villa Cildestuna quae ad haereditatem Leodselinae privignae suae pertinebat, ipsâ puellâ coram Monachis concedente donum. & cum ipso Willielmo & cum matre suâ super Altare idem imposuit, coram his testibus; Abbate praedicto & omni conventu, johann fratre coniugis eiusdem Willielmi, Humfrido eiusdem Milite, Hugone Conred. But that of Turold is thus expressed. Similitèr Turoldus de eadem Villa (that is, Hanney) dedit Deo & Sanctae Mariae de Abbendona coram Faritio Abbate & omni conventu, in Capitulo, Decimam omnium suarum possessionum, porcellorum scilicet agnorum, vellerum. sed Decimam Carucae suae tantummodò ita discrevit, ut duas istius decimationis partes huic loco, tertiam verò partem Presbytero sibi seruienti concederet; hoc idem concedente & confirmante uxore sua Hugulinâ & filio suo Willielmo. & hanc donationem donavit anno V. Henrici Regis. Here specially you see as well arbitrary division as consecration of the Tithe by the owners grant. And for the example of the Tithes of Offington, the words of it are most observable also. Eodem anno (says the Monk that wrote it) cum venisset Abbas Faritius in villam suam Offentunam ut opus Ecclesiae quod ibi lapideum à fundamento inchoaverat ad perfectum determinaret, congregaverunt se homines sui ex eadem villa & obtulerunt communi devotione & concessione Decimam suam totius villae eiusdem, S. Mariae & ipsi Abbati & loco Abbendoniae ab illo in reliquum tempus. Vt videlicet Abbas de suo proprio Ecclesiam eiusdem alacriùs construendo perficeret & ipsi mererentur in fraternitate loci annumerari. Hanc expetitionem cum Abbas audisset, inquisivit utrum Ecclesiae eiusdem villae antiquitùs Decima ab illis hominibus daretur; nolens scilicet eam sua rectitudine minuere pro alicuius donatione sibi suoque loco oblata. dictumque est, hoc esse moris villae ut a singula virgata Ecclesiae illi XXIIII. Garbae pro Decima numeratae donarentur. Quod sciens Abbas, statuit ante ipsos homines ut, sicuti ipsimet voluerant & optulerant, reciperet eorum Decimam, ea determinatione assignatâ inter ipsum Abbatem & Ecclesiam eiusdem villae, scilicet, ut tempore colligendarum Decimationum Abbas ipse mitteret Offentonam quem vellet de suis, & ipse reciperet à fingulis, secundum singulorum possessionem, rectam Decimationem, & post illam totam collectam, de singula virgata illius villae tot manipulos Presbytero illius Ecclesiae tribueret quot superiùs diximus ei deberi. reliqua verò Decimationis Abbati seruaret. Here plainly, no Tithe was parochially paid before this Grant, but only XXIV. Sheaves of every Yard Land; which was now diminished also by the consecration of the true Tithe to the Abbey. Then Willielmus de Wecenfeld Dedit suam Decimam ex omni sua pecunia S. Mariae & Monachis in Abbendon de tribus videlicet Hidis in Wecenfeild, & duabus de Boxore, excepta una acra quae Ecclesiae de Boxore, adiacet. This was in 7. Hen. 2. And in the relation of the Tithes of Eaton, granted to the Abbey by Roger Fitz-Alured, it is added, Et promisit quod cum Osmundo & aliis suis hominibus de illa villa faceret ut & ipsi de suo tenore similitèr Decimam Ecclesiae huic concederent. So in 9 Hen. 1. Aldred & Luured homines Ecclesia de Waliford dederunt Monachis huius Ecclesiae Decimas de omnibus videlicet suis pecoribus, & de agrorum suorum cultura, in capitulo coram toto contentu. And in the same year, one Ralph gave them the Tithe of his Farm or Manor of Bradendene, and assured them, he would entreat Robert de Insula, his Lord of whom he held Bradendene, Quatenus illius permissione & concessu suo hoc confirmaret, ut haec Ecclesia ipsius Decima donatione firmiùs in posterum potiretur. The like gift occurs there, made by Hugh Fitz-Wichtgar in 10. Hen. 1. of the Tithes of Bennaham. And about the same time, Gilbert Basset gave for ever to the Abbey, with his son Robert entering there into Religion, the Tithe of his Land in Waneting, to be employed ad usum pauperum. Not long after, Hugo Dispensator Regis (it seems, Treasurer of the Household) granted to the Abbey, Suam Decimationem de omni pecunia tam de mobilibus rebus quam immobilibus de Manerio Spesholt quod de Ecclesia tenebat, sua coniuge Helewisa favente, coram his testibus; Poidras suo homine, & Anschitillo suo praeposito de praedicta villa, & multis aliis. The like did Ralph the Abbot's Chamberlain grant out of two Hides in Steringford. So one jocelin and his son Randoll granted to the Abbey two parts of all kind of Tithes in possessione quadam quae Grava dicitur. And one Norman, when his son Eudo there took habit of Religion, consecrated with him Decimam Dominij sui de Winterburne, quam cui placeret Ecclesiae liberè donare poterat. quae sic concessa sub manus sacristae redacta est. And among other possessions of the Abbot and Covent, confirmed by the Bull of Pope Eugenius the third, in the year M.C.LII. (that is, in XVII. of King Stephen) these Tithes granted, are particularly reckoned in it, as part of what they did in praesentiarum justè & canonice possidere. so are the words of the Bull. Neither to other purpose are the words of the Bishops of Salisbury, Ordinaries of the Diocese, in their general confirmations of Churches and Tithes to the Abbey. These confirmations of theirs came divers years after the Grants made by the owners, and are at large extant in the Chartularies of the Monastery. The first that made any, was Hubert, who was consecrated Bishop in 1. Rich. 1. that is, M.C.LXXXIX. In the time of Henry the second, through the procurement of Richard Sacristein of the Abbey, one Giralin de Curzun granted to the Abbey, Decimam XXX. acrarum de Westlakinge quam parentes sui prius concesserant & ipse Altari sanctae Mariae concessit, addens de Porcellis sive Agnellis aut Caseis aut rebus aliis quae Decimari solent, Decimam, quam priores sui minimè dederant. Hanc verò donationem super Altar S. Mariae devotus obtulit; trium tantum acrarum Decimâ de XXX. Ecclesiae de Waneting reseruatâ. Then, for Tithes in Chiltune; it is there reported, that in 2. Hen. 2. Nicholas Fitz-Turold gave them to that Monastery. his whole Charter is recorded, and so take it here for that part transcribed. Notum sit praesentibus & futuris testimonio huius scripti sigillo meo signati, quod ego Nicholaus filius Turoldi de Estuna pro salute animae meae parentumque meorum, & pro eo quod licitum mihi esset ab Ecclesia de Abbendona coemiterium habere capellae meae de Winterburna, concessi firmiter & finaliter dedi praedictae Ecclesiae Abbendonensi singulis annis imperpetuum habendas Decimas terrae meae quam in Dominio meo teneo in villa Chiltune. In blado scilicet ad ostium Grangiae meae suscipiendo & in Caseis & in Velleribus & Agnis & Porcellis, & in omnibus quae Decimari solent. And at the time of the Grant, it was by the Abbot Ingulph assigned to the use of the poor and strangers, that is, to the Almosnerie, as indeed most other of their consecrated Tithes were: Which is yet to be seen in the accounts of the revenues of every Office of the house.   

Out of the 
* In Biblioth. Cotton.  chartulary of the Abbey of Osney.  
The Abbey being founded in 29. Hen. 1. that is, in M.C.XXIX. by Robert d'oy High Constable of England; in the Charter of the Foundation are given to it the Tithes of the Founder's Mills, that were near the Castle of Oxford, & Decimatio Nicholai de Stodeham quam Fromundus (a Chaplain mentioned in the Charter) tenebat. and that is iterated often in other Charters to the same Monastery. And after in the same chartulary is a Catalogue of divers Portions of Tithes belonging to the Abbey, and as issuing out of the Demesnes of such as had increased the revenues of it with endowments of Tithes newly granted. nor are they expressed with any reference to this or that Parish, but only to the Demesnes and names of the Donors. And then comes a confirmation of Richard Bishop of Lincoln (within that Diocese, 
An. D●. 1250.  Oxfordshire was, till the later institution of a bishopric in Oxford) wherein, among the ancient possessions of the Abbey, enjoyed through their having Saint George's Church in the Castle by d'Oile's gift, two parts of the Tithes of all things quae Decimari solent, in dominico horum Maneriorum, videlicet, Bercencestre, Erdinton, etc. are confirmed to it. Neither is the number of those Manors there named, under forty. Which way is it likely, that the Church of S. George came to two parts of the Tithes of so many Manors, if not by consecration of the owners? And indeed afterward is a transcript of a Charter of Robert d'Oily's (that was above C.XX years before the Bishop's confirmation) to the Abbey, wherein he gives three Hides in Walton and Terram de Twenti acre & Decimam earundem terrarum, & pratum quod vocatur Brunmannes Mead, cum Decima eiusdem prati (where note, the Land and the Tithe of the same Land is given, which could be but a discharge of Tithes in the Abbey) & cum Decima de Northam, Wiveleya, & Lincha, & omnium terrarum & pratorum & aliarum rerum Decimabilium quae sunt inter Castellum Oxoniae, & 
* Hin●sey.  Heunteseyam aut Botleiam scilicet in Comitatu Oxoniae. And then Duas partes Decimae, de omni re quae Decimari solet, de omnibus dominicis utriusque honoris qui adjacent Castello Oxenefordiae, videlicet de Hokenorton, Swerefordia, Bereford, Wiginton, etc. with a recital of above forty Towns and Manors, which are also in that confirmation long after made by the Bishop. In the same Book, Richard of Dodeford gives them in perpetual right the Tithes de assarto bosci mei de Hecholthe cum assartatur & excultus fuerit, sive ego sive alius per me illum assartauerit & excoluerit. This seems to be of about King john's time. And one Hugh de Croftes grants them Decimas dominij mei de Wauretun de omnibus rebus quae Decimari possunt & debent, tenendas de Priore & Monachis de Tedford imperpetuum, sicut cartae utriusque Monasterij inter eos factae testantur. And this was in 3. Rich. 1. And a pension was yearly payable for them to the Prior of Thetford by that clause of tenendas, as appears in the confirmation made of the same Charter by William Bishop of Hereford. You must know, that the ancestors of Croftes had formerly given those Tithes to the Priory of Thetford, as is remembered there also.   

Out of the chartulary or 
* In Biblioth. Cotton.  Lieger-Booke of the Priory of Gisburne or Gisburgh in the North-riding of Yorkshire.  
In a Fine there of 23. Hen. 3. between Peter of Brus demandant, and john Prior of Gisburne tenant, it appears, that when Robert de Brus, ancestor of Peter, under King Stephen, founded the Monastery; he by grant endowd it, among other possessions, with the Tithe of his demesnes of Lithun. And in another of 26. Hen. 3. the Concord hath these words in it, Et similiter idem Petrus concessit pro se & haeredibus suis, quod idem Prior & successores sui habeant in Parochijs suis Decimam venationis suae & haeredum suorum; & foenorum suorum ubicunque foenum falcabitur praeterquam in locis subscriptis, scilicet in Parco sub Castro de Daneby & in IV. Laundis in Foresta de Daneby, scilicet in Launda de Souresby, Eskebriggethwoyt, Karlethwoyt, & in Launda sub Threlkeld, & in Haya de Skelton clausa ex aquilonali part de Routheline, & in parvo Parco circa Castrum de Skelton in quibus locis nullas Decimas foeni habebunt. That of the Tithe of Venison, taken within the Parishes of the Priory, was confirmed in another Fine of 30. Hen. 3. levied before the justices of Eire in Yorkshire; and therein also was further added, Concesst etiam idem Petrus pro se & haeredibus suis, quod ipsi de caetero reddent singulis annis praedicto Priori & successoribus suis & Ecclesiae suae praedictae Decimas Molendinorum suorum in Parochijs suis existentium imperpetuum. So that if the Mills were in Lease, the Tenth of the rent was payable; if in the hands of the grantor, or his heirs, the Tenth of the multure. and for true payment, the Millers were, by the concord of this Fine, bound to do fealty to the Prior and his successors. But I have not seen an example of such disposition of Tithes of so late time. few or none else (I think) exceed the year of that Constitution of Lateran before spoken of. and remember that this is of York Province, in which perhaps the Decretal sent to Canterbury had not such effect till somewhat after, as is before touched.   

Out of the chartulary 
* In sapius dict. Bibliotheca.  of the Monastery of S. Andrews of Rochester.  
Henry the first gives to the Monks there divers Churches with Tithes, Et dimidiam Decimam meam de Tarentford in annona tantum, & totam Decimam meam de Strodes, & totam decimam meam de Chealches, & hoc facio pro anima Patris mei & Matris meae & pro anima mea & uxoris meae, T. Eudone dapifero & Haymone dapifero apud Rovecestriam. Other Tithes of whole Manors he gave also to them, Et decimam 
* Hae n. captae Regis sunt. Prarogat. Reg. cap. 11. etc.  Balenarum quae captae fuerint in Episcopatu Roffensi. And about the same time Ralf Archbishop of Canterbury by Charter gave them Totam Decimam de meo Dominico & omnes Decimas omnium villa norum qui habent terram in Dune, necnon & aliorum omnium, quorum decimae meo tempore ad quisitae sunt vel quocunque tempore ad quirentur. Many other Charters are in it to like purpose, as: Ego Willielmus de Albine●o Pincerna Regis concedo Deo & Sancto Andreae de Rovecestria & Monachis eiusdem loci totam meam Decimam de villa mea quae vocatur Elham in omnibus rebus scilicet de blado & de pasnagio, & de molendinis, & de pecudibus, & de lana, & de caseis etc. & medietatem Decimae de Bilsintune in omnibus rebus pro anima Domini mei Willielmi Regis & Henrici Regis atque pro anima mea & patris mei & matris meae & uxoris meae & fratris mei Nigelli, & nepotis mei Humfridi & aliorum parentum meorum vivorum atque mortuorum. Testibus militibus meis, Nigello the Wast etc. That d' Aubigny was Earl of Chichester or Sussex or Arundel (for all these titles he used) and divers Confirmations were afterward by his Successors, of this Grant. and K. Henry the first also confirmed this of the first William. and the Prior and Covent not long after made a Lease of that their Tithe in Bilsintune to one Gilebert de Perieres for IX. years, reserving half a Mark rend payable at Easter. and this was confirmed by the Archbishop of Canterbury.  
Roger Bigot Earl of Norfolk under Richard the first, and William his younger son, had given divers revenues to the Priory, and among them occur the Church of Waltune, and then by itself tota Decimae villae Waltune de omni re & tota Decima molendinorum ad eandem villam pertinentium. this is related in the confirmation of Hugh Bigot Earl of Norfolk and son to Roger. and some other Churches were granted, but no Tithes mentioned with them. and afterward the first Charter of Roger's grant is in the same Volumè at large. The Tithes of Buggeley were given to the Priory by the Ancestors of Osbert de Cappavalle, and charged with three shillings yearly rent, payable to the Monks of Colchester. this instrument there remaining shows it. Notum sit omnibus (as the words are) quod ego Osbertus de Cappavalle & Adeliza uxor mea, & Humfridus privignus meus & haeres patris sui, accepta societate Roffensium Monachorum pro amore Dei & Sancti Andreae, & salute animae nostrae, & omnium parentum nostrorum, concessimus eis omnem Decimam de Bugeleia, sicut eam antecessores nostri in eleëmosynam dederunt, firmitèr & stabilitèr, & quietè perpetuò tenendam, reddituris inde annuatim Monachis de Colecestra tres solidos quamdiù eandem tenent & habere poterunt. & hanc concessionem nostram praesenti sigillo confirmavimus etc. this was afterward confirmed by Philip of Leiburn and his wife Anne, and Robert of Leiburn Tenants of Buggeley.  
The Tithe of Gedding was thus granted by the Ancestors of Payn sheriff of Surrey. Notum sit omnibus praesentibus atque futurit quod ego Pagan Vicecomes Surregiae, do & concedo Decimam de Geddinges quam antecessores mei dederunt Deo & Ecclesiae S. Andreae de Rovecestria pro anima patris mei & matris meae, & pro me & uxore mea. & mihi concessum est ab eadem Ecclesia quod post obitum nostrum singulis annis anniversarium mei & uxoris meae in perpetuum persoluetur.  
The Tithe of Stalefield is granted to the Monks by D. de Monei, and sic tenendam sicut tenuerunt de antecessoribus meis.  
In 8. Hen. 1. half the Tithe of Halegele was given to them by Henry de Port, the other half being before conveyed to them— Decimam totam de Halegele, de qua (so speaks the Charter) praedictus Sanctus (that is S. Andrew) dimidiam partem habuerat, caeteram verò pro amore Radulphi Episcopi, ut praedictum est, supra taxato tempore donavi. these others also follow.  
Walchelinus Maminot omnibus Sanctae Matris▪ Ecclesiae filijs tam posteris quam praesentibus salutem. Notum vobis facio quod Decimam de Dominio de Bertreia quam pater meus pro salute animae suae & suorum Ecclesiae Roffensi & Monachis ibidem Deo seruientibus in perpetuam eleëmosynam dedit, me similiter pro redemptione delictorum meorum & uxoris meae, & haeredum meorum concessisse & praesenti scripto confirmasse. Quod si aliquid de praedicto Dominio in Rusticanam servitutem translatum est vel fuerit, decima tamen secundum primam donationem integra permaneat. Teste Rodberto de Binham Presbytero etc.  
Omnibus Christi fidelibus ad quos praesens scriptum pervenerit, Willielmus de Lamualai aeternam in Domino salutem. Noverit universitas vestra quod ego Willielmus de Lamualai divinae pietatis intuitu pro salute animae meae & uxoris meae, & liberorum meorum, & antecessorum meorum & successorum, concessi & hac praesenti Carta mea confirmavi Deo & Ecclesiae S. Andreae & Monachis Roffensibus in puram & perpetuam eleëmosynam, medietatem totius Decimae de Dominio meo de Henherst quam antecessores mei eis dederunt & concesserunt; tenendam & habendam benè & in pace liberè & quietè de me, & successoribus meis, & per manus eleëmosynarij eorum in usus pauperum distribuendam: ideoque volo & firmiter praecipio ut praedicti Monachi habeant etc.  
Omnibus sanctae Matris Ecclesiae filijs ad quos praesens scriptum pervenerit, Adam Pincerna aeternam in Domino salutem. Noverit universitas vestra, quod ego Adam Pincerna cognitâ & compertâ dilectione quam antecessores mei habuerunt erga Ecclesiam S. Andreae Roffensis & Monachos in eadem Ecclesia Deo seruientis, Decimam de Dominico Campo meo in Culinges qui vocatur Westbroc quam Radulfus Pincerna eye dedit intuitu Dei, praedicti Ecclesiae, & S. Andreae, praefatis Monachis in puram & perpetuam eleëmosynam concessi & praesenti Carta mea confirmavi, ita videlicet quod Richardus frater meus qui successit Geruatio Decano in personatu Ecclesiae de Culinges ad praesentationem meam & successores sui reddent annuatim, nomine Decimae illius, praefatis Monachis dimidiam marcam argenti in crastino festivitatis Sancti Andreae omni occasione remota & dilatione etc.  
it seems that the Parson of Culinges by the Patrons will herein declared, was to have the Tithe of Westbroke in kind, and pay half a mark for it yearly to the Priory.  
Sciant tam praesentes quam futuri quod ego Henricus de Malemeins concedo & confirmo Monachis Ecclesiae sancti Andreae Apostoli Rovecestriae Decimam meam totam de Dominico meo & eam vehendam quocunque volverint & transferendam; cum ante hanc concessionem solum modo granum habuerint. Praetereà dono eyes & concedo Decimam meam de vitulis & porcellis. Has concessiones confirmo illis pro amore Dei & salute animae meae & uxoris, & antecessorum meorum liberè & quietè possidendas assensu haeredis mei & voluntate uxoris & amicorum meorum. Teste etc.  
And William Hachet confirms the moiety of the Tithes of his demesnes in Hainwold (which his ancestors had granted to the Priory) to hold free sine omni molestia & exactione. and warrants them contra omnes homines sicut liberam eleemosynam nostram.  
A like confirmation is from William of Srambroche of the Tithe of Srambroche, granted formerly from his Ancestors to the Priory.  
William of Gurnay had given to the Priory certain Tithes in Edintune, which lying dispersed, were not so commodious for the receipt of the Monks as of the Parson of the Parish. thereupon Galiena, grandchild to William, declares, that for that cause provisum est & statutum, ut quaelibet illius Ecclesiae persona nomine Decimarum illarum liberaliter soluent annuatim praedictis Monachis Rovecestriae quinque solidos, ad festum beati Andreae. and so confirms both the gift of her Ancestor and this composition between the Parson of Edintune and the Prior and Covent.  
Haimo filius Guidonis de Dudindale, confirms, in puram & perpetuam eleemosynam, the gift made by his ancestors Gerold his grandfather, and Guy his father, of all the Tithes of his land in Dudindale. which was afterward confirmed also by his son and heir john.  
Hamelinus de Columbeirs establishes the perpetual right of all the small Tithes of his Demesnes, in the Chantor of the Priory, to whom by ancient possession of his Predecessors, he found they belonged, when controversy was about them, twixt the Chantor and Ralf Parson of Frendesburie.  
William the son of Thomas of Ysfield and all his coparceners, confirm the Tithes of Ysfield formerly given by their Ancestors in puram & perpetuam eleemosynam. and further grant all small Tithes of Ysfield, as of Lamb, Calf, Pigs, Fleece, and the like. Et ut haec nostra donatio (says the Deed) & confirmatio inconcussa permaneat, ego Willielmus omnium fratrum meorum voluntate pro omnibus sigilli mei appositione corroboro. which I note for the special kind of sealing with the eldest brothers seal only.  
Henry of Tuang confirms to them Decimam de Tuange quam praefati Monachi habent de dono Smalemanni avi me● tam in Tuange, quam in Rundel.  
These Grants or arbitrary Consecrations were all divers years before the end of M.CC after Christ, and for the most part in the times of Henry the first, King Stephen, Henry the second, and Richard the first. neither need you make doubt of the allowance of them by the Clergy of that time. The Tithes so arbitrarily given by Lay men were not only possessed by the Priory, but were also afterward, with others which are not mentioned in the chartulary, solemnly confirmed to them by the Archbishops of Canterbury with their Prior and Covent, who supplied that which now is the Dean and Chapter. for in 23. Hen. 2. upon a controversy arising about some Tithes challenged by the Priory, a confirmation was given by Richard Archbishop of Canterbury, in which he grounds their right upon the Deeds of the Grantors. Cognito (are his words) iure praedictorum Monachorum per inspectionem instrumentorum suorum, consideratâ etiam diutura illorum possessione etc. and then he confirms to them all the Tithes granted to them within his Diocese, and reckons by name several Tithes in VIII. Parishes, most of which occur in those examples; After which he confirms also their appropriated Churches with Tithes belonging to them. For Tithes given with the Churches appropriated they had as belonging to those Churches. but others severally consecrated were no otherwise in them then as if Rents or other profits had been granted out of lands to them. A like confirmation was made by Baldwin in 1. Rich. 1. of all Tithes in particular that were formerly settled in them by Lay men's grants. And another such was by Hubert Archbishop in 1. of King john, wherein he confirms to them omnes Decimas à quibuscunque Dei fidelibus usque in praesens in Archiepiscopatu nostro illis collatas.   

Out of the chartulary of the Monastery of 
* In iam memoraeta Bibliotheca.  Reding for Leonminster or Lemster in Herefordshire, that was annexed by Henry the first to Reding, in the foundation.  
Walter Clifford, for the health of his father's soul, and for his wife and children, gives Ecclesiae de Leonminstre Decimam de tota Hamenesca tam de dominio quam de villanis s. de omnibus unde Decimae dantur tam de vivis quam de mortuis But the Church of Lemster is called there the Mother-Church of the place. This was about King john's time. And Robert Malherbe gives to the same Church Decimam de toto dominio meo de Riseburie de omnibus, unde Decimae dantur tam de vivis quam de mortuis.   

Out of the chartulary of the Nunnery of 
* Jbidem.  Clerkenwell.  
Among many possessions confirmed to it by Henry the second, we find, Ex dono Gaufridi Comitis de Essex & Eustaciae uxoris eius totam Decimam totius victus & procurationis illorum & domus suae & familiae suae; and, Ex concessioue Alexandri Prioris & Monachorum Ecclesiae Sanctae Mariae Magdalenae de Stanesgate, assensu conventus Ecclesiae Sancti Pancratij de Lewes, omnes Decimationes illarum de feodo de Clerkenwell cum pertinentijs suis.  
And Maurice of Totham and Muriel his wife grant to the Nunnery, Ius parochial in perpetuo habendum in terris nostris quas habemus & tenemus de Episcopo Londinensi juxta Londoniam, & in hominibus in eisdem terris existentibus & in certis terris nostris quae ad Parochiam pertinent. And further, that those Lands and his Tenants should be joined jure Parochiali to the Church of the Nunnery, Et quod homines illi reddant & faciant quae Parochiani debent reddere & facere suae Matri Ecclesiae. And that the Nuns should quietly enjoy all Tithes of those Lands, according to the intent of the Grant from the Priory of Lewes in Sussex; which also is remembered elsewhere in the same chartulary.  
Maude of Mandeuill, Countess of Essex and Hereford grants, Totam Decimam totius victus nostri & familiae nostrae ubicunque fuerimus de panibus & potibus & carnibus & etiam de Piscibus sicut in Carta Domini G. de Mandevilla Comitis Essexiae antecessoris nostri continetur. And a great Curse is added to all such as should disturb or prevent the Nuns in their enjoying of that Tithe. The reference made is to that which is before mentioned in the Patent of Confirmation, made by Henry the second. This of Maude was about the beginning of Henry the third, and is but a confirmation of that of Geffrey of Mandeuill, made Earl of Essex by Maude the Empress.   

Out of the lives 
* In Biblioth. Cotton.  of the Abbots of S. Augustine's of Canterbury, written by Thomas Sprot 
* Balaeo Thomas Spot dictus est. , a Monk of the Abbey under Edward the first.  
Eodem anno Domini (videlicet M.LXX) in villa de Fordwico, Willielmus Rex contulit Sancto Augustino & fratribus eiusdem coenobij, Ecclesias de Faversham & the Middeltune, & Decimas de omnibus redditibus provenientibus ex illis duobus Manerijs S. de Middeltune & Faversham & Decimam de omnibus appendentibus, Terra, Syluis, Pratis, & Aqua, excepta Decima Mellis & Gabuli denariorum. Et sunt istius donationis septem Cartae diversorum Regum praeter istam. That Gabulus denariorum is rend paid in money. Scotland was then Abbot there.  
In the same Abbot's time, Odo Bishop of Bayeux, and Earl of Kent, gave to the Abbey, Decimas aliquas quas mei fideles habebant, id est, Athelwoldus de tribus villis quae dicuntur Knolton, Tiskenherst, Ringelton, & Decimam totius terrae Turstini, necnon Decimam Osberni filii Letardi de duobus locis, id est, Bedlesangre. Decimam etiam Osberni Payfori de villula quae dicitur Bochland. Haec omnia (as the words of his Charter are) dono concedo & confirmo etc. Si quis verò huic donationi contrarius fuerit, vel aliquam calumniam ingesserit, aeterno anathemate ipso facto sit reus & Regiae Maiestatis etc. Then the Author tells us, that afterward William d' Aubigny wrongfully took the Tithe of Knolton and Ringelton from the Abbey, as Roger of Memires did the Tithe of Bochland.  
In the year M.LXXIX. Scotland being still Abbot, Herebert Fitz-Iuo gave to the Abbey, Decimas quinque Mansionum suarum vel centum solidos nummorum quod in arbitrio Abbatis & fratrum S. Augustini constituit utrum Decimas ipsas vel centum solidos pro Decimis acceptarent. Those five Mansiones, or Farms, or Manors, were Olive, Ewelle, Osprenge, Heregedsham, and Langedone. But this Tithe was afterward (says Sprot) wrongfully detained from them by William Peuerell.  
About the same time, Abbot Scotland made a Lease of V. Solings (that is, Solins, or Selions, which are made the same with Hides, or Plough-lands, by some 
* Regist. Monasterij S. Martini de Bello in Arthivis 〈◊〉 quae ad Fo●●m a Regio●um proventuum increme●to dictum spectant.  good authority) about Northbourne to one Wadard for life, reserving rend of XXX. shillings, and the Tithes, of all profits there accrueing, to himself.  
The same Abbot leased for life to Amfrid Mauclerc his Land of Riple, and of Aluetune, upon like condition, that Mauclerc should pay to the Abbey all the Tithes both of those Lands as also of his V. Manors, Hortun, Legu, Ernolton, Seeldrisham, and Oslacestone, and also all other Tithes of his yearly increase whatsoever. Decimam etiam tam frugum quam omnium animalium suorum & caeterarum rerum.  
One Hugh Fitz-Fulbert had a Lease for life of the same Abbot, of two Solings of Land in Sibertesweld, whereupon rend of XX. shillings yearly was reserved, and this Condition also annexed, Vt daret etiam Decimam omnium rerum suarum quas ipse in dominio haberet.  
When Hugh of Trottesclive, Abbot there, founded his Hospital of S. Laurence, among other Endowments, he gave it, Totam Decimam totius annonae de dominio de Langeport. This was under King Stephen.  
And Anno Domini M.C.LXXXVIII. Rogerus Abbas tradidit Priorissae de Scapeia Decimas de Westland intra Parochiam praedictae Priorissae pro quatuordecim solidis annuatìm reddendis sacristae S. Augustini. What Tithes were intra Parochiam of the Prioress of Shepey, were by former Grant of the owner conveyed to the Abbey.   

Out of Peter of Blois his 
* In sap● dict. Biblioth.  continuance of the History of the Abbey of Crowland in Lincolnshire.  
At the foundation of the Church, new built by Abbot joffrid, in the time of Henry the first, a great meeting was of the devouter sort of Yorkshire men specially, and others, to the number of above five thousand in all. and most of them laid stones at it, and upon the stones, some offered Money, some the Patronages of Churches granted by Charters, others Tithes of their Lands: as for example, the words are, juxta illum proximum lapidem versus Boream posuit Simon Miles & uxor eius Gulana offerentes Ecclesiae Decimam de Morton, & de Schapwik; & juxta illos proximum lapidem versus Boream posuit Reinerus de Bathe Miles & uxor eius Goda offerentes operi Decimam de Houtona & de Birtona.   

Out of the 
* Ibidem.  Lieger-Booke of the Abbey of S. Albon in Hertfordshire.  
The Abbot and Covent, about 20. of Henry the third, gave to the Church of the holy Trinity de Bosco, and the Nuns there, for ever, Totam Decimam de dominio nostro de Caysho in omnibus rebus de quibus Decimae dari solent, and two parts of the Tithe Corn of the Parish of Watford, and some other moieties of Tithes, the rest being in the Parson of Watford. But that of the demesnes of Caysho was newly now created, and expressed for the provision of apparel for the Nuns. But this being so long after the Constitution of Lateran, and being made only out of their demesnes which perhaps they had discharged, doth only give an example among many, of another original way of creation of tithes in some Monasteries, but not so much add to or confirm the arbitrary course of disposition of them by Lay men in times before that so frequently used.  
Henricus Rex Angliae R. Episcopo Dunelmensi & omnibus Baronibus suis salutem. sciatis me (it is Henry the first) dedisse Deo & S. Mariae, & S. Oswino, & Abbati de S. Albano, & Monachis de Tinemuth omnes Decimas suas per Northumberland quas Robertus Comes (that is Robert of Mowbray Earl of Northumberland, who in time of William the second founded the Priory of Tinemuth) & homines eius donaverant eyes, scilicet 
* Videses Cart. Antiq. B. B. 14. & 15. etc. in 〈◊〉 Lond. & G. 21. in Dorso.  Decimas de Colebrige, & illas de Ouinton, & de Wylun, illas etiam de Neuburn, & illam de Discington & the Caluerdon, & de Elstwic, & illas etiam de Bothall, & the Werkwrth, & the Anebell, similiter & de Roubyrie, & the Wulloure, & volo ac praecipio quatenus supradictus Abbas & Monachi de Tinemuda, benè & integrè habeant illas ac liberè teneant in mea pace, & quod nullus eis inde aliquid auferat super meam forisfacturam. T. Nigello de Alben. apud Brantonam.  
By the same King. H. Rex Angliae Ranulpho Episcopo Dunelmensi, & Alfrico & Luilia Vicecomitibus salutem. Sciatis me concessisse & dedisse Deo, & Sanctae Mariae, & S. Oswino, & Abbati de S. Albano Decimas quas Hubertus de Lavall ante dederat Monachis de Tinemuda, scilicet de Setona & Caluerdona, & de Discingtona, & volo ac praecipio ut benè & integrè in mea pace teneant eas, & quod nullus super eis iniuriam faciat. T. Nigello de Alben. apud Wintoniam. This was either a confirmation of a consecration made by De Lavall, or else a gift of Tithes out of the same lands, by the King, after some escheat or other new title accrued to the Crown. The Church or Priory of Tinemuth was given to the Abbey of S. Albon by William the second, after Robert de Mowbray had forfeited the Patronage, among the rest of his estate, by treason.  
Henry the second confirms to the Monks of Tinemuth all their Churches appropriated, and Decimas de Corebriga, & Newburna, & de Wertewrtha, & de Rodbiria, & de Botala & Wlonera, & de Wylum & Ditentona, & de Caluerduna, & de Alswicha, & de Anibella, & Decimas de Dominio de Hearth, & de Setona, & the Tunestal, & de Daltona, & de Mideltona, & de Ouinthuna. All which were, without Churches, formerly and in perpetual right consecrated by the owner's devotions. the like often occurs in confirmations made to them by the succeeding Kings.  
In 7. Rich. 1. Hugh of Pudsey Bishop of Durham, confirms to the Monks of Tinemuth, Omnes Decimas & obuentiones tam in blado quam in aliis decimationibus tam de dominijs Regis quam Baronum, sive aliorum fidelium & propriarum villarum, & dominiorum tam in Northumbria quam in Haliwarchfolk (that is in the Territory of the bishopric of Durham) ita plenariè & liberè possidendas, sicut eas pleniùs & meliùs habuerunt vel habere debuerunt, tempore nostro vel antecessorum nostrorum, & sicut donatorum Cartae testantur. And some other Churches of such general ratification they have from the Archbishop of York.  
In the instrument of foundation of the Cell of Belveir, made between Abbot Paul and Robert of Belvedeir or Belveir, or de pulchro visu, that Robert grants it the Tithes of all Lands that he should hereafter purchase. Omnium terrarum quascunque per Dei adiutorium & concessum Regis in suum dominium ad quirere, quoquo modo posset, dedit & concessit Decimas eidem Ecclesiae sanctae Mariae; that is to the Cell; which was at first purposed for a Parish Church, but by advice of Archbishop Lanfrank was converted into a Cell. Dedit etiam & concessit Decimas Vinearum suarum omnium & sedem molendini in proxima aqua, & concessit Decimas decem villarum ad praesens, ex suo videlicet dominio annonae, omnium que rerum de quibus Decima danda est & datur, semota quidem tertia part Presbyteri villae. The names of the Manors or Towns of which he thus gave two parts of the Tithes, are, Horton, Fraton, Saperton, Rishendon, Stoches, Wiberteston, Segeton, Medburne, Wiwell, and Wlstanestorp.  
Robert of Piriton gave to the Abbey, the Church of Saint Marie that he had built in Piriton; and endowd it with gift of all the Tithe, eiusdem villae sui dominij & omnium suorum hominum ibi manentium omnium illarum rerum de quibus recte Decima datur; And in Nicenton he gave all the Tithe of his demesnes only. In Cavendeis & Hocaton & Aperston, Decimam dominij sui, excepta cantaria.  
Ralf of Limesi gave to the Church of Saint Marie also that he built in Piriton, Decimam suam in eadem villa etc. & Decimas hominum eiusdem villae ipsis libentèr concedentibus. Apud Nicentonam dedit duas partes Decimae suae etc. apud Hulferlea dedit similiter duas partes Decimae suae & apud Eprestunam similiter & apud Cavendeis & Hocktentunam. And these endowments are there called beneficium Ecclesiae. These and other Tithes so severally granted are confirmed to the Abbey by Alan de Limsey, Gerard de Limsey and others of the posterity of Ralf. The Tithe of the Agistment of Bibesworth-wood, also was granted by Ralf, and of other Agistments, with provision also that if the woods were assarted or improved by culture, the Abbey should have Tithe in kind of the improvements. The whole Deed's o● conveyance are there at large. and a Bull of confirmation was long afterward obtained from Pope Alexander (as I think) the fourth.  
W. Peuerell gives to the Monks of Hatfield Decimam denariorum meorum de Meldona, & rectam Decimam de Dona de omnibus rebus de quibus rectè datur Decima. And then adds Churches of other places cum Decimis. that was in Henry the first's time.   

Out of Matthew Paris 
* In Biblioth. Cotton.  his lives of the Abbots of S. Albon.  
In the time of Abbot Paul, under Henry the first. Data est, saith he, huic Ecclesiae Decima de Cundella, & Decima de Rigentona, & Decima de Roniges, & de Brethelham, & de Herlaga, & de Thamiseford, & de Cliftona, & Decimae quatuor villarum istarum s. Hunteslege, Gertheham, & de Brunfield, & Redlàng. Et duae partes Decimae villarum istarum s. Sedintonae & Boctonae. Et tota Decima de Trumpinton, duae partes Decimae de Wacerleia. Porro in Hertfordsira duae partes Decimae de Esenden & Beiford, & the Hertfordingbirie. and other like.   

Out of the chartulary 
* In eadem Biblioth.  of the Priory of Boxgrave in Sussex.  
About the year M.C.LXXX a confirmation is made by William S. john, of what had been formerly granted to the Priory by his Ancestors; and among other possessions, occurs Decima de Chienore, and Decima omnium nemorum suorum de honore Halnaci in paissone & venditione, & aliis exitibus. And this William for the maintenance of a fourteenth Monk (there being but thirteen by the first foundation) which he added, gave, Decimam gabulorum suorum de Estretintona, and other places. & ex dono Petri de Hampton decima molendini sui, is related to be theirs.  
The same William in another Charter grants, In subscriptis Ecclesijs scilicet Walborton, Barnaham, Hantoneta, Honestum, Mundeham, duas portiones de terris & decimis omnibus quae ad ipsas pertinent (for the third parts were assigned by him, and the Bishop, and the Prior to Vicarages) & in omnibus praescriptis Ecclesijs advocationem liberam & praesentationem Presbyterorum qui in sua persona in illis Ecclesijs Deo assiduè deseruiant etc. Et reddidi Decimam Gabulorum de Stretinton, videlicet VIII. solidos per annum; and the Tithe of other Rents.  
Robert S. john, brother of this William, gives Decimam omnium gabulorum de Walborton, & Decimam omnium gabulorum totius villae de Bernham quam frater meus Willielmus de S. johann dedit mihi, ad tenendum in seruitio Dei quartumdecimum Monachum in Conuentu Boxgrave, quia prius solùm tredecim fuerant. Quod si quartusdecimus ibi defuerit, Tustinus nepos Dunelinae vel haeres suus colliget & tenebit eas usque ad annum integrum; si verò ultra; dabuntur pauperibus & viduis, & Orphanis duarum villarum. Teste Willielmo de S. johann, Waltero & Willielmo Capellanis, Rogero Hai, & Thoma filio suo, Rogero de Kaisnei. And a confirmation is there also by William S. john of the gift (that is of the profits received by the Lord in money or rent.) which lay indeed properly in the Lessors grant. and therefore also William the Lessor had by another Charter granted those Decimas Gabuli to Robert, to the same purpose, which he expresses in his Deed of consecration to the Priory. the Lessor's grant to him, the confirmation and his consecration were enough to settle this Tithe-rent in the Monastery. but clearly this could not have discharged any former right of Tithes in kind payable out of the Land.  
The Churches of Warberton and Bernham and the rest before named with others, were, with the belonging Tithes, appropriated to the Priory, but the Tithes alone of Thadeham and Kienor (which they call Chienor) were by grant from the Ancestors of the S. john's, settled in the Priory and never named with any Church, as appears in sundry Confirmations of them. So also is Decima de Liperinges, in the ratification of such Grants to them made about that time by john and Seffrid Bishops of Chichester and Richard Bishop of Canterbury. Of that Tithe of Liperinges see more within a few lines.  
Sciant praesentes & futuri quod ego Richardus de Tresgoz filius Philippi Tresgoz dedi & concessi, & hac praesenti Carta mea confirmavi Deo & Ecclesiae B. Mariae de Boxgrave, & Monachis ibidem Deo seruientibus pro salute animae meae & uxoris meae & antecessorum meorum, & ut missa pro anima mea, & uxoris meae, & pro animabus patris & matris meae, & antecessorum meorum, in praedicta Ecclesia de Boxgrave, ter in unaquaque septimana celebretur, omnes donationes quas habent de donationibus Philippi patris mei & antecessorum meorum tam in terris quam in Decimis magnis & minutis, in Manerio meo de Hamptunete. Et insuper dedi & concessi & hoc scripto autentico confirmavi praedictis Monachis de Boxgrave, omnes minutas decimas de praedicto Manerio meo de Hantunete, scilicet in agnis, in vitulis, in pullis, in porcis, in aucis, in lanis, in caseis, in pomis, in fructibus, & in omnibus aliis rebus undecunque Decimae Sanctae Ecclesiae spectant aut provenire debent tam maiotes videlicet quam minores. Et ut haec mea donatio & concessio perpetuae firmitatis robur obtineat eam praesentis scripti testimonio & sigilli mei munimine roboravi. His testibus Roberto persona de Storhetune, Stephano Capellano, Philippo Bernhuse, Willielmo Picoth, Willielmo Purcaz, Philippo de Perham; & multis aliis. This was in the same time, under Henry the second.  
Geffrey of Colevill gives to the Priory Decimam de Kienore de toto dominio meo in terris cultis & incultis in Pomerijs in Piscarijs & Molendinis in perpetuam & liberam, Eleemosynam saluâ tertia portione totius Decimae praefatae de Dominio meo quae ad Ecclesiam de Hidlesham pertinet cum tota Decima de vilanagio meo. Et ut hoc firmiter teneatur, sigillo meo confirmavi hoc scriptum his testibus Humfrido de Sartill etc.  
Robert of Colevill grants them Duas portiones  
Decimae Garbarum de toto dominio meo de Kienore in perpetuam & liberam Eleemosynam ex donatione antecessorum meorum iis prius collatam.  
Sciant praesentes & futuri quod ego Radulphus de S. Georgio & Agatha uxor eius & Alanus haeres eorum dederunt & concesserum Deo & S. Mariae & Monachis de Boxgraue Decimam de Liparinges in perpetuam Eleemosynam quam prius dederat eye Basilia matter ipsius Radulphi. Et ipsi Monachi debent facere habere Ecclesiasticum seruitium in Ecclesia sua de Ichenora vel in Capella sua de Briddeham hominibus praedicti Radulphi morantibus apud Liparinges, & in singulis Hebdomadis unum seruitium pro anima Basiliae & pro cunctis fidelibus defunctis donec praedictus Radulphus vel haeredes sui ibi fecerint quoddam Oratorium, in quo unus de Capellanis Monachorum faciet praedictum seruitium in Hebdomada. Testibus Ranulpho Capellano Ricardo Capellano de Boxgrave, Roberto Legato, & aliis multis.  
This was about King john's time.   

Out of the 
* In Biblioth. Co●ton.  chartulary of S. Neots or Needs in Huntingdonshire.  
Omnibus Sanctae Matris Ecclesiae filijs Seherus de Quincy salutem. Sciatis me concessisse & confirmâsse Monachis S. Neoti Decimationes quas antiquitus habuerunt de terra mea in Grantesete, s. totam Decimationem dominiorum quae fuerunt Roberti Fafiton in eadem villa tam terrarum quam virgultorum. His testibus etc. A like Instrument of Confirmation from him, is of two parts of the Tithes of Suho, and of a third part of the Tithes of Einseburie, which had been likewise formerly settled by arbitrary consecration, in the Monastery. This was about the fourth year of King john, and was confirmed by the Bishop of Ely.  
Sciant praesentes & futuri, quod ego Albinus Fafiton concedo & per hanc Cartam confirmo Deo & Ecclesiae S. Neoti fratribusque meis, eiusdem Ecclesiae Monachis, Decimam illam quam Robertus Fafiton aws meus & Eustachius pater meus eis dederunt & concesserunt, s. de terris & pecunijs totius dominij mei in Grantesete & in Suho & in Weston duas partes Decimae: & juxta Ecclesiam de Grantesete unam mansuram quam pater meus cum eadem Decima eis concessit etc. Hoc donum factum est anno quo Rex Angliae Henricus secundus duxit exercitum apud Tolosam.  
Sciant praesentes & futuri, quod ego Galfridus filius Suani & Hathewis uxor mea & Adam filius noster concessimus Deo & Ecclesiae sancti Neoti & Monachis Becci (this Priory was a Cell of the Abbey of Bec in Normandy) ibidem Deo seruientibus, pro salute nostra, duas partes Decimae bladi & omnium rerum quae Decimati debent illius Hydae terrae in Croxton quam tenuit Adelwoldus Flammangus aws praedictae Hathewis, quas ipse dedit Ecclesiae S. Neoti in perpetuam & liberam Eleemosynam. T. etc.  
Ego Robertus Waste concessi Deo & S. Mariae Becci & S. Neoto Confessori & Ecclesiae eius de Ernelesberia & Monachis qui inibi de serviunt, duas partes totius Decimae meae de Wereslai in omni videlicet substantia mea, in segetibus & animalibus unde Decima dari debet, & hoc fieri praecipuè pro anima Soeni de Essessa & pro salute domini mei Roberti filii praedicti Soeni qui mihi hanc terram dedit & pro salute Gonnor uxoris suae & pro salute mea & uxoris meae & Willielmi filii Gerei patris sui & pro anima patris mei & matris meae & fratris mei & omnium amicorum & antecessorum meorum etc.  
This was afterward confirmed by the heirs of Robert Waste. but in the Confirmations it appears, that Torold Waste had also granted it before Robert. Torold, I think, was Robert's father, and had granted it about Henry the second his time.  
In the Titles of the Deeds there, is Carta Roberti de Ferrer de Decimis de Benewell. but the Charter itself is wanting.   

Out of the chartulary of the 
* In eadem Biblioth.  Hospital of S. leonard's in Yorkshire.  
Stephanus Rex Angliae Archiepiscopo Eborum, justiciarijs, Vicecomiti, Baronibus, ministris & omnibus fidelibus suis Eboracshire, salutem. Sciatis quia concessi & dedi in perpetuam Eleemosynam pro anima Regi● Henrici 〈◊〉 mei, & pro salute animae meae, & Matildis Reginae uxoris meae, & Eustachij filii mei, & aliorum puerorum meorum Deo & Hospitali Sancti Petri Eborum omnem Decimationem de Theloneo villae de Thicahilla & omnem Decimationem Molendinorum eiusdem villae & praeter haec V. bovatas terrae in Wlnethuat, & unam bovatam in campo de Bagalaia. Quare volo & firmitèr praecipio quod benè & in pace & liberè & quietè & honorificè hanc Eleemosynam teneant, quicunque honorem de Thicahilla habeat, sicut Eleemosynam Deo & pauperibus Christi in perpetuum datam. Teste Henrico de Essex & Adam de Belin & Willielmo de Clarafai apud S. Edmundum. But in the Bulls of Confirmation from divers Popes made to the Hospital, no mention is of these Tithes.   

Out of a Ms. of Constitutions, 
* In Biblioth. a●toris.  Charters, and Writs, touching the Province and Church of York.  
Ael Dei gratia Carleolensis Episcopus. Omnibus sanctae matris Ecclesiae fidelibus in Christo salutem, & orationem: Notum sit omnibus & videntibus & audientibus has literas me dedisse & concessisse Decanatui Eborum & Willielmo Decano & omnibus eius in Decanatu successoribus Decimas Molendinorum de Pokelinton & de dominio meo & de tota socha. Sic enim provisum fuit & constitutum à Rege Henrico. Constitutum autem & confirmatum est de omni possessione debere Decimas dari tam in Molendinis quam in rebus aliis, ideoque autoritate Apostolicâ & nostrâ per excommunicationis sententiam prohibemus ne aliquis has Decimas Molendinorum auferre & diminuere praesumat. Regia tantùm dignitate excepta, in quam nullam dare praesumimus sententiam. valet. This Ael is Aethelulph, the first Bishop of Carleol, Confessor to Henry the first, who first made it a Bishoprique in M.C.XXXII.   

Out of old Charters remaining in the hands of that Noble Knight Sir Robert Cotton.  

Suss●●.  R. Dei gratia Cicestrensis Episcopus G. Decano caeterisque fidelibus Sanctae Ecclesiae salutem & benedictionem. Sciatis me concessisse Brunkino de Hasting dare Decimam suam totam de dominio suo de terra quam ipse tenet in Marisco de Penensel Deo & Ecclesiae sancti Martini de Bello (to the Abbey of Battle) pro anima sua & omnium parentum suorum salute. Concedo etiam hanc Decimam & omnes alias Decimas quas ipsi Monachi de Bello habent in Parochia mea quatenùs eas liberè & quietè teneant & possideant imperpetuum absque omni molestia; videlicet nominatìm Decimam Vulwini de Henam, Decimam Sewini de Glutintune, Decimam Lewini de Badeherste, Decimam quam Parochiani Ecclesiae Sanctae Mariae de Bello daunt the Nedrefelde, Decimam quam Ailricus de Ora dat, Decimam de Helinfalde quam ipsi Parochiani Sanctae Mariae de Bello daunt, Decimam de Boccholte, & Decimam de Bromham quam Ailwi & Aethelida dederunt cum filio suo Benedicto quando effectus est Monachus absque omni calumnia in perpetuum tenendam. Similitèr etiam & omnes Ecclesias & Decimas quae eidem Ecclesiae datae sunt, vel quas eadem Ecclesia & Monachi tenent in Parochia mea ut eas liberè & quietè teneant Episcopali autoritate confirmo. unde vobis & omnibus successoribus vestris & omnibus Christi fidelibus me eye inde aliquam molestiam, vi, aut venditione, vel qualibet occasione faciatis, super anathematis vinculo defendo. T. Henrico Archidiacono, Rad. Capellano, Calone Cantore. Neither the whole name of the Bishop, nor the date, are found in the Instrument. But it appears by the hand, and that R. designing the name, to be of the time of Henry the first, and made by Ralf then Bishop of Chichester.  
In a Deed of William Earl of Warren and Surry, 
Sussex.  made in the time of King Stephen to the Priory of Lewes in Sussex, after some immunities given them in all Lands which they held of his fee, this Grant follows: Dono etiam illis de omnibus dominijs meis plenariam Decimam, videlicet, de Blado, de Foeno, de Agnis, de Velleribus, de Caseis, & plenariam Decimam denariorum de omnibus redditibus meis de Anglia. Quamuis autem ex illis denarijs in procuratione mea sive aliorum quorumlibet expendatur, ex illis tamen plenaria supradictis Monachis reddatur Decima. Et si dominium meum aut redditus mei creverint, eotenùs crescat & Decima Monachorum. Haec supradicta ego pro salute animae meae & pro animabus antecessorum meorum praedictis Monachis concessi & hac mea praesenti Carta confirmavi quando feci dedicari Ecclesiam Sancti Pancratij (that is, the Priory of Lewes) & de Decima denariorum de omnibus redditibus meis de Anglia dotavi ipsam Ecclesiam, & inde seisivi eam per capillos capitis mei & fratris mei Radulphi de Warenna, quos abscidit cum cultello de capitibus nostris ante altare Henricus Episcopus Wintoniensis. Teste Teobaldo Archiepiscopo Cantuariensi, Henrico Episcopo Wintoniensi, Rodberto Episcopo Bath. Ascelino Episcopo Rovecestr. qui eandem Ecclesiam dedicaverunt, & Teste Edwardo Abbate Rading, Waltero Abbate de Bello, Waltero Priore Cantuariensi, W ... Archidiacono Cant. Richardo Decano Cicestr. Rodberto Archidiacono, johann de Pagham, Willielmo Comite Cicestr. Rad. de Warrenna, Reg. de war.. Hugone de Petrep. Radulpho de Pleiz, Rodberto the Wesnevall, Rodberto de Frievill, Rodberto de Petrep. Willielmo de Petrep. Adam de Puninges, Guidone de Mercecurt, Willielmo filio suo, Willielmo de Droseio The intent of this was to settle the Tithes of all his revenues wheresoever through England, in the Priory. in kind, of his demesnes; in money, of his Rents. neither did he grant only the Tithe of what he then was seized of, but of all future purchase also and improvements. that livery of seisin, as it were, made upon the Altar by the Hair of the head both of the Grantor and of his brother, is not without other example of those ancient times wherein both Tithes 
a Videses App. ad Concil. Lateran. part. 47. cap. 5.  and other possessions were solemnly consecrated, either by hair, or a horn, or a cup, or a knife, or a candlestick, or whatever that might really be delivered on the Altar. For, the form of conveyance in perpetual right, both to the Church and laity, was to give into 
b Jngulph. hist. fol. 512. b.  the hands of the Grantee or Feoffee some such thing, as at this day a Twig or a Turf is in feoffments. or as in Institutions (according to the formulary of the Court of Rome) a Ring is to be given. and the Altar was usually made the place of such a livery. But in the examples of cutting the hair especially in this where Henry Bishop of Winchester doth it, perhaps more was understood then only a livery upon the grant. had it not also some reference to the ancient ceremony of cutting the hair at a Confirmation? which was usually done by the Godfathers, as may be collected out of that of Adreuald, where 
c De Mirat. S. Benedicti lib. 1. cah. 14.  he speaking of Charles Martell, says, that Pepigit hic foedus cum Luitprando, eique filium suum Pipinum misit ut more Christianorum fidelium eius capillum primus attonderet, ac pater illi spiritualis existeret. I dare affirm nothing with confidence herein. But it is specially observable that this Charter of the Earl of Surrey was not, it seems, made without great advice as well as testimony, both of Clergy and lay-men. whereto you may add the judgement of Theobald Archbishop of Canterbury, in his reprehension of Ala, Countess dowager of Warren and Surrey, for not payment of the Tithes of her dowry according to the Grants of the Ancestors of her husband. The original of the admonition to her, speaks thus: 
d In thesauro Cottoniano.  T. Dei gratia Cantuariensis Archiepiscopus Anglorum primas & Apostolicae sedis Legatus. Dilectae filiae suae Alae, Comitissae Warennae salutem. pervenit ad aures nostras religiosorum fratrum Lewensis Ecclesiae Monachorum, stupenda querimonia quam cum ipsi ex antiqua donatione Comitum Warrennae, videlicet avi & patris Willielmi viri tui, & sui ipsius etiam antequam Dotem tuam consecuta fuisses, de omnibus Dominijs Comitis Decimationem Denariorum semper inconcusse, tanquam Ecclesiae suae dotem possederint, tu, post perceptam dotis tuae investituram, eiusdem fratribus ipsam Decimationem, quae ad Dotem tuam spectabat, subtraxeris. Quod si ita est, vehementèr admiramur cum eorum quae Deo & Ecclesiae suae in eleëmosynam collata esse noscuntur nihil doti tuae vendicare debeas nec possis. Crudelen. est & sacrilegio proximum quod super divinum Altare semel devote oblatum est iterùm repetere, & ad secularia transfer. proindè tibi salubritèr consulimus, & in Domino admonemus quatenus sicut vis ius tuum tibi à Deo liberè conseruari, ita ius suum cum integritate Monachis relinquas. & nullatenus datam eis denariorum decimationem dotis tuae retineas; alioquin eye in justitia deesse non poterimus, cuius debitores omnibus existimus. Although he speaks only of the Decimatio denariorum, yet in regard that he mentions it with de omnibus Dominijs Comitis, it cannot be well understood otherwise then of all the Tithes of the Earls possessions, according to the former grant.  
Richard de Muchegros about King john's time, confirms to the Abbey of Persore two parts of the Tithes which was wont to be paid to it out of his land of Wlhaveshulle, tam bladi quam lini & faeni (exceptis linis Curtilagij mei de Dominico meo de Wlhaveshulle) as also the third part of the Tithes of his Tenants there, and further grants them Duas partes decimarum bladi de omnibus assartis meis ibidem de novo factis & de omnibus assartis per me vel per haeredes meos in posterum faciendis etc. this is sealed. the seal is circumscribed with ✚. S. Richardi de Wlhaueshule.  
W. Prior of Lewes in Sussex gives in 44. Hen. 3. forever to the Priory of Southwark, Decimas quas habuimus de Dominico Henrici de Holeghe apud Reygate, reserving yearly two shillings and six pence to be paid for them to the Sacristein of the Priory of Lewes. How could this Tithe have been in the Prior of Lewes to have granted, without a precedent consecration from Holeghe, or some other, from whom he had derived his estate?  
Willielmus Dei gratia Wintoniensis Episcopus, Stephano Archidiacono, & omni Clero Surreiae, & Baronibus, salu●em & benedictionem. Notum sit vobis quod Siwardu● the Ealdestede venit, me present ad Sudwerchiam, ibique super Altare divina praeventus gratia obtulit Decimam de Hludebrake Deo & eiiusdem genitrici & Virgini Mariae, & Canonicis ibidem Deo seruientibus perpetualitèr, & hoc meo consensu. Quare jubeo ex part Dei & mea ne quis eam retineat vel ab eadem loco auferat, vel possidentes illam perturbet Si quis vero citra hoc praeceptum quicquam inde facere praesumpserit, perpetuo anathemate feriatur. Cuius rei testes isti sunt Henricus de Twin, Stephanus Archidiaconus, Livingus de Coleces Canonicus, Rogerus Canonicus, Helias Dapifer, johannes Capellanus, Richerius, Vitalis de Wicford, Gozo Clericus de Micheam, Oswardus Monetarius, Walchelinus. This was in the time of Henry the first, William Giffard being then Bishop of Winchester. the seal remains to it.  
Willielmo Dei gratia Norwicensi Episcopo, Archidiaconisque suis de Sudfolc, omnibusque sanctae Matris Ecclesiae filijs, Galfridu● filius Roberti & uxor sua Anneis in Domino salutem. sciatis nos concessisse Ecclesiae Apostolorum Petri & Pauli de Gipeswico, & Canonicis Regularibus ibidem Deo seruientibus in perpetuâ ●lcëmosynâ Decimam molendini de Hagenford, scilicet VIII. solidos annu●●im, duos ad Nativitatem Domini, duos ad Pascha, duos ad festivitatem S. johannis, duos ad festivitatem Sancti Michaelis, & dimidiam marcam argenti de Fachendune, & Decimam foeni, & omnia quae habent infra villam de Broaches, & extra ad eam pertinentia tam in terris quam in Decimis & redditibus, & in omnibus libertatibus datis praedictis Ecclesiae à praedecessoribus & parentibus nostris etc. Under King Stephen it was made; and hath a seal annexed.   

Out of an Original Charter of K. Stephens, made to the Priory of Eye in Suffolk. It was in the hands of that Learned and Honourable the L. William Howard. I had the use of it through the courtesy of that Noble Knight Sr. Robert Cotton.  
Quoniam, divinâ misericordiâ providente, cognovimus esse dispositum, & long lateque praedicante Ecclesia, sonat omnium auribus divulgatum, Quod eleëmosynarum largitione possunt absolui vincula peccatorum, & adquiri coelestium praemia gaudiorum: Ego ✚ Stephanus Dei gratia Anglorum Rex, partem habere volens cum illis qui foelici commercio coelestia pro terrenis commutant, Dei amore compunctus; & pro salute animae meae ✚ & patris mei, matrisque meae, & omnium parentum meorum ✚ & antecessorum meorum Regum ✚ Willielmi scilicet Regis avi mei ✚, & Willielmi Regis Auunculi mei ✚ & Henrici Regis Auunculi mei, ✚ & Rotberti Malet, & con●ilio Baronum meorum, concedo Deo & Ecclesiae Sancti Petri de Eia & Monachis ibidem in Deo seruitio congregatis, ut habeant omnes res suas quietas & liberas ab omni exactione, & teneant eas in Terris, in Decimis, in Ecclesijs, in omnibus possessionibus sicut unquam melius & honorabilius tenuerunt tempore Rotberti Malet, & tempore meo antequam Rex essem; cum Soca vel Saca, & Tol & Tiem & infanganathief. ✚ Praecipio etiam ut teneant de quocunque tenebant (& non mittantur in placitum) sicut tenebant die quam Henricus Rex fuit vivus & mortuus, & die qua ad Regni Coronam perveni. Sit etiam ipsa Ecclesia in meo Dominio cum rebus subscriptis. Concedo Ecclesiam de Holesse, de Dinevet. de Bordenis, de Suttun, de Stadebroc, de Wingefel; Et mercatum & theloneum de Oreford; praeter navium quae pertinent ad firmam de Donerou 
* Fortè propter.  ꝓꝑ ✚ XXX. fol. Ecclesiam ipsam ubi Monachi habitant cum terris suis; Decimam de Eia, Duodecim solidos de foro, unam feriam per quatuor dies ad festum Sancti Petri Kalendas Augusti, nullusque in feria habeat potestatem nisi Monachi & homines eorum, & omnes illuc venientes & indè redeuntes habeant meam firmam pacem, nullusque eos in aliquo disturbet super X. libras forisfacturae. ✚ Habeat etiam Ecclesia eandem libertatem de Episcopo, de Archidiacono, de Decano, quam habuit à tempore Regis Eadwardi, & à tempore Eadrici de Lexefelda & Regis H. ✚ Sitque de Priore ponendo & removendo sicut constitutum fuit in tempore Rotberti Malet. ✚ Habeat etiam omnes Decimas de Manerijs sicut habuit in tempore Rotberti Malet, scilicet de Eia, Stedebroc, Radingefeldia, Dinevet. Tatinget. Bedingham, Keleton, Olesleia, least. Donewic, Lessefeld, Bergebi, Willeburn, Seggebroc. Colum. Cave. ✚ Concedo etiam Ecclesias has, De Beweseia, Seggebroc, Bergebi, & Ecclesias de Donewico, quae factae sunt & faciendae. De Bedingeham, Lessefeld & Presbyterum eiusdem villae, & de omnibus meis siluis Decimam pasnagij. Piscariam etiam de Wells. Atque totam Bedefeldiam, Storas, Pelecoc, Frasingefeld. Hoc etiam terrae quod habebant tempore Rotberti Malet. in Bedingeham, & omnia inconcussè teneant. Concedo etiam Ecclesiam Sancti Botulfi de Ica cum appendicijs suis quam dedit Willielmus de Rovill, & Beatrix uxor eius, & terram Godem. de jakl. & ea quae habebant in Donewico eodem Rotberto vivente. ✚. Horum igitur supradictorum socam & sacam in omnibus concedo, & nominatim in Donewico & Decimas meorum hominum; Walteri scilicet Arbalestarij, & Ecclesiam Sancti MARGARETAE de Halgestowe, & terram quae ei pertinet. Decimam quoque Rogeri filii Walteri de Huntingefeld, & de Benges, Ricardi Hoveell de Wiverdest, de Geslingesh, Richingehal, Reindun; Decimam Hugonis de Aluilario in Brom, & in Selfhangers, & hoc quod Alwinus Presbyter tenet de eo in Beria. Decimam Willielmi de Rovilla in Clakestorp, & in Glemeham, & de XXX. acris quas tenet Willielmus Bole de feudo Comitis Brittanniae; Decimam Willielmi Gulafri unchennel; Decimam Petri de Bedingefeld; Decimam de Pleeford, & Ecclesiam villae & Aluricum Delfen cum sua terra; Decimam Hernaldi filii Regeri in Witingeham & Ascheton; Terram Osberti de Cratevill in Acolt, & hoc quod Benedictus Capellanus tenebat de Rotberto Malato in Decimis, & rebus aliis; Decimam Will. De pesenhale; Decimam jordani de Wilebehe; V. fol De pentenhahe, quos Will. de Rovilla dedit; III. solidatas quas tenet johannes filius Rotberti; Terram Alwini filii Wulstan in Bedefeld; VII. solidatas quas tenet Wulmer Presbyter de Codenham; Decimam Hunfridi filii Vnuei. Decimam Radulfi Grossi de greetings. XII. solid. de Aquitantia in Aldefen; Terram Wulmari in Akesleia; Et, praeter haec supradicta, concedo eis quod Decima eorum de Donewico crescat quoque anno in denar. & hareng. & in omnibus aliis rebus secundum hoc quod redditus mei ibidem crescent. Teste Nig. Eliensi Episcopo, & Roger. Cancellar. Henrico nepote Regis Stephani; Galer. Com. de Mell. Rotberto filio Rich. Will. Mart. Adam De Beln. johan. Maresc. Hubert. Demunc. johan. filio Rotb. Vicecom. Gauffred fill. Walt. Will. fill. Rog. Heru. de Glavill. Rich. de Alenc. Roger de Hosa. Anno ab Incarnatione Domini M.C.XXXVII. apud EIA secundo Anno regni mei, in tempore Ebrardi Episcopi Norwicensis, & Gausleni Prioris Eye. Ipse Rex subscripsit. Eustachius filius eius subscripsit. Matildis Regina subscripsit. Williemus Cantuariensis Archiepiscopus subscripsit. Turstanus Eboracensis Archiepiscopus subscripsit. Alexander Lincoln. Episcop. subscripsit. Henricus Winton Episcopus subscripsit. johannes Roffensis Episcopus subscripsit. Eurardus Norwicensis Episcopus Simo Wigornens. Episcopo subscripserunt. Rotbert. Herefordens. Episcopus & Rotbert. Badonens. Episcopus, & Gislebertus Lundonens. Episcopus subscripserunt. Quicunque aliquid de his quae in hac Carta continentur auferre aut minuere, aut disturbare scientèr volverint, autoritate Domini omnipotentis Patris & filii & Spiritus Sancti & Sanctorum Apostolorum & omnium Sanctorum sit excommunicatus, Anathematizatus, & a consortio Domini & liminibus Sanctae Ecclesiae sequestratus donec resipiscat & Regiae potestati XXX. libras auri persoluat: Fiat. Fiat. Fiat: Amen. Amen. Amen. It is the fairest hand and largest Charter that ever I saw of that age, and the Seal is yet hanging to it. And in a Roll 
* In Biblioth. Cotton.  of the Benefactors of that Monastery, very many are mentioned for their Donors of Tithes, or two parts, or third parts, of divers Manors.   

Out of the Cartae antiquae among the Records of the Tower of London.  
When King Henry the second, and Pope Alexander the third, dissolved 
a Vide E.G. 7. & E. 1. & B. 8. & part. 1. Ca●●. 1. 〈◊〉. membr. 20. ●h●rt 117.  the number of the Nuns of Ambresburie in Wiltshire (by reason of their unchastity) and filled the Nunnery with others out of those of Font-Euerard in Normandy, divers Churches and Parishes were annexed, by Grant and Confirmation, to the new Company, and also Tithes severally, as Deeima de Fortesbiria, & de Wadhulla etc. & Manerium de Etona cum Decima de dominio & medietate Decimae rusticorum, & Manerium de Chelstamstona, cum Decima eiusdem Manerij etc. & Decimam de Ingafelot & the Godingeflot, cum omni iure Parochiali & Decima de Hamsteda, cum omni iure Parochiali. and divers other such.  
Henry the second grants and confirms to the Monks 
b G.G. 1, & 2.  of Thetford in Norfolk, Decimam de Bradleia, Decimam de Offitona, Decimam de Florendona, Decimam de Moledona, and many other such, without mention of Churches or Chapels with them; yet in the same Charter, divers Churches of other places are by themselves conveyed or confirmed.  
William the first gives to the Church of 
c C C. ●.  Westminster, Decimam de Wic de eadem part quae ad me pertinebat atque iterùm reddidi eandem partem eye iniustè ablatam quam R. Edwardus antea dederat. Then severally follows divers Appropriations of Churches. This was in the second of his reign.  
Henry the second gives to the Church of Sarum 
d Ibid. 3. in dorse.  divers Churches with Tithes, and among them, Ecclesiam de Durneforda cum terris & Decimis quas Walterus filius Richardi &, Isabel de Toeni & reliqui advocati eiusdem Ecclesiae ei dederunt. & omnes Decimas & de Nova Foresta, & de Panetot, & de Bucholt, & de Andeuera, & de Husburna, & omnibus Forestis meis de Wilteshire & de Dorseta, & de Berkshire, de omnibus rebus scilicet de firma, de Pasnagio, de Herbagio, de Vaccis, de Caseis, de Porcis, de equabus & omnes Decimas de omni Venatione praedictarum Forestarum excepta Decima illius Venationis quae capta fuerit cum stabilia in Foresta de Windleshora etc. What the Bishop had yearly, by reason of this Grant, may be seen in Rot. Claus. 5. Hen. 3. Membran. 14. And for Grants from the Kings of the Tithe of Venison, other examples are obvious, as of the Forests of Essex to the Bishop of 
e Rot. Chart. 6. joh. R. ch. 107. memb. 12. & rot. R●t. 11. Hen▪ 3. part▪ 1. membr. 5.  London, by King john, and of others anciently, of the 
f Claus. 4 Hen. 3. part 1. membr. 2. & Claus. 17. Hen. 3. membran. 4. etc.  Tithe of the Venison taken in the Forests in Northamptonshire, to the Abbot of Bury; to omit that of Henry the first, his Grant of the Tithe of all his Venison taken in Yorkshire, to the Abbot of York, which occurs in the 
g Fletwood in Commentar. de iure Forestarum.  Eire of the Forest of Pickering.  
In a Charter of Henry the first, many Tithes are granted and confirmed to the Priory of Montague 
h Cart. antiq. ff ff. 2.  in Somersetshire, as Duae partes Decimarum de Atford, Decima de Crimoc, & medietas Decimorum de Ciselberg, de Clafford, de Northon juxta Taunton, & Decimae dominij de Merston, & de Hetecumb, de Candle, de Torp, de Cernel, item de Cernel, & de tertio Cernel etc.  
Henry the first granted 
i K. indors. 36.  to the Canons of Cambridge, Decimas de dominio meo de Cantebrigia & Ecclesiam S. Egidij etc.  
About 3. Hen. 1. Manasses Arsio 
k S. ●.  renewed his Charter to the Abbey of Fischamp in Normandy, and gave them apud Sobrinton de suo dominio duas garbas Decimae suae, and so in divers other Manors. Dedit & Decimas de cunctis denarijs suis & de pullis equarum suarum, de Vitulis, de ovibus, de Caseis, de Lana & Decimas de omnibus rebus suis, & Decimas de omnibus hominibus supradictarum villarum. All which, was confirmed by the King. It seems, that in Decimas de omnibus rebus the Corn was excepted, according to the first Limitation of his Grant.   

II.  
To these might he added more out of the Rolls 
l Vide Rot. cart. 5. R. joh. membr. 8. cart. 61. & Cart. antiq. V. & E. 7. & in Fasciculo cart. antiq. num. 80. etc.  especially of Exemplifications or Confirmations. But the store is large that is already delivered. And to conclude it, observe this most notable testimony in a Writ of the Register and in Fitzherbert, that had reference to the common use of those arbitrary Grants out of demesne Lands at the owner's pleasure, without understanding of which use, I shall doubt no man thoroughly understands the Writ, nor the true ground of any Writ the aduocatione Decimarum. It is a singular example, and, as I remember, not seconded or specially noted elsewhere in our Law books; and therefore I transcribe it whole. Rex 
m Resist. orig. fol. 36. b. & Fitz. N. B, 40. N.  tali judici salutem. Monstravit nobis venerabilis Pater H. Lincolniensis Episcopus quod cum I. preceptor Ecclesiae Beatae Mariae Lincoln. teneat de dono suo omnes Decimas Dominicarum terrarum suarum vel Dominici sui de N. quas idem Episcopus & praedecessores sui Episcopi loci praedicti liberè conferre consueverunt: Prior Beatae Katharinae extra Lincoln. clamans Decimas illas pertinere ad Ecclesiam suam de B. trahit eum inde in placitum etc. Et quia placitum praedictum tangit Coronam & dignitatem nostram; praesertim cum collatio earundem Decimarum ad nos possit devolui ratione custodiae vel Escaetae, quia etiam consimiles Decimas conferimus in quibusdam Dominicis, & similiter quamplures magnates regni nostri in Dominicis suis, vobis prohibemus ne placitum illud teneatis in Curia Christianitatis, nec aliquid quod in derogationem Regiae dignitatis nostrae cedere valeat, in hac part attentetis seu per alios attentari faciatis quovismodo. Teste etc. What can the intent of this be other, then that the Bishop, the King, and many other Grandes of the Kingdom, did usually grant or collate the Tithes of their Demesnes; which, because they were so grantable at the owners will, were (by the meaning of this Writ) exempted from the Spiritual jurisdiction. But thereof more anon. Perhaps the Writ is immediately to be understood of Tithes collated in like sort as a Church; so that he which collated them, had advocationem Decimarum (which appears also in the Register) as any other conferring a Church, had Ecclesiae advocationem. If not so; whence could the collation of these Tithes have original, saving only from the making them severally a kind of Benefice (under the name of Decimae seperatae, that is, annexed to no Church, as the Marginal note in the Register well calls them) by arbitrary Grant at first of the owner, no otherwise then a Church was made a Benefice to be bestowed, by the arbitrary Ordinance of the Patron, at the foundation? Clearly, had not the use of conveyance of Tithes severally by Grant, preceded in practice, it could not have been, that Quamplures magnate regni (as the Writ says) might Decimas liberè conferre in dominicis suis. Tithes alone could never have been collated like a Benefice, had they not been first founded or created as a Benefice. And the Writ might seem indeed to bear even the character of the time wherein that use of arbitrary Grants of Tithes was known, as of common practice; which I understand to be about King john's time; and that, before the Pope's decretals, or other authority, had taken away the laymen's challenged liberty of granting Tithes severally, according to the former example. And the rather might that conjecture hold, because also the Sigle expressing the Bishop's name, is H. which by all likelihood denotes Hugh Archdeacon of Wells, being L. Chancellor to King john, and Bishop of Lincoln. But it may be also, that it was had of later time, and at the suit of Henry of Lexinton, made Bishop of Lincoln in 38. Hen. 3. and that, after Parochial right was more settled. For notwithstanding the settling of it, and making Tithes then payable de iure communi to the Parish-Rector, yet it is certain, that the former Grants (what through general Confirmations from Rome, what through the Lay men's standing upon their Patronages of Tithes, and upon the Grantees acknowledgement of their first devotions in such Consecrations) still continued, and were subject (in case the Aduocatio Decimarum might come in question) to such a Prohibition, until some alteration was therein made, as anon shall be showed, where we speak of the ancient use of the Writ of Indicavit. But of what time soever the Writ was, it is plain, that the ground of it must come from that use of arbitrary Consecrations of Tithes, which severally also (as in it is supposed) made sometimes a kind of Benefices that might be collated at the will of those who were owners of the Land whence the Tithes were payable. How could Tithes severally be collated by any Grandes, but from such original examples as are already copiously delivered? A like 
n In Codice Ms. Coenobij Osniens. in Bibl. Cotton.  precedent of a prohibition I have seen 7. Ed. 1. which because it so confirms the ancient purpose of that in the Register, shall be here at large delivered. Edwardus etc. Archidiacono Wilteshyr. & eius Commissarijs salutem. Cum dilecti nobis in Christo Abbas & conventus de Osney ex collatione progenitorum nostrorum Regum Angliae percipiant & percipi debeant, & ipsi & praedecessores à tempore collationis illius semper hucusque percipere consueverint duas partes Decimae garbarum provenientium de dominicis terris Edmundi Comitis Cornubiae in Harewell, & quorundam tenentium suorum eiusdem villae in subventionem sustentationis Capellanorum & Clericorum in libera Capella nostra S. Georgij in Castro nostro Oxoniae ministrantium, Rogerus de Draytona Persona Ecclesiae praedictae villae de Harewell, clamans praedictas duas partes ad eandem Ecclesiam suam pertinere trahit ipsos Abbatem, & Conuentum inde in placitum coram vobis in Curia Christianitatis, sicut ex relatu plurium accepimus. Quia verò praedictum placitum tangit nos & Coronam nostram & dignitatem, maximè cum▪ consimiles decimas in pluribus Dominicis nostris conferamus, & etiam plures Magnates regni nostri consimiles decimas, quarum collatio ad nos ratione custodiae devolui solet, similiter conferant in Dominicis suis, & etiam quia cognitio super iure patronatus huiusmodi Decimarum ad Curiam nostram pertinet; tibi vel vobis prohibemus ne placitum illud teneatis in Curia Christianitatis. T. meipso apud Wodestoke Octavo die Febr. anno regni nostri septimo. Here is plainly understood whole Benefices of only Tithes, to be collated by the King and divers of his Baronage. as the Tithes of the King's Garden in Windesore are in 
o Pat. 16. Hom. 3. membr. 7.  record, collated by Henry the third; and other like sometimes occur. Neither is that Canon of the Council of Westminster held under Hubert Archbishop of Canterbury, in 2. johan. R. from any other original to be interpreted, then from those common conveyances and grants of Tithes and Church livings generally by Lay men to Monasteries. The words are, 
p Roger. de Hoveden. part. 2. fol. 460 b.  Lateranensis Concilij 
q Vide extr. tit. de Prob. c. in Lateranensi 31 & tit. de privileg. c. 3. cum & plantare. & in Council ipso quod. plenen tantummodo extat in editione Romana & postr●ma Bi●ij.  tenore perpenso decernimus ne fratres Templi, vel Hospitalis, sive quicunque alij religiosi Ecclesias vel decimas, vel alia beneficia Ecclesiastica, sine Episcopali autoritate de manu Laica recipiant, dimissis etiam quas contra tenorem istam moderno tempore receperant etc. For however, that in the Council of Lateran, be interpreted (I inquire not how well) of Tithes only infeodated 
r Extr. tit de ●is qua fiunt a Prael. c. 7. cum Apostolica  into Lay hands; yet in this Kingdom, where those infeudations were not, or were very rare (whereof anon more) how can it be well understood but of new Grants or arbitrary Consecrations of Tithes as well not before in esse, as of others conveyed by investiture of Churches. But touching those conveyances of Tithes by Lay men, see more in the XIII. Chapter where we speak of Infeodations.   

III.  
Out of those examples of Conveyances and arbitrary Consecrations of Tithes (being but a few, and as an essay only of the multitude of them, which might be found in the Lieger books of other Monasteries) may easily be collected, the truth of those assertions in the old year books, which have, without desert, been taken for falsehoods grounded only upon ignorance. By the practised Law, clearly every man gave the perpetual right of his Tithes to what Church he would, although the Canon Law were against it; whereof also notice, it seems, is sometimes taken in those conveyances which have the words of Quae decimari debent, as if they had said, Tithes of all things which by the Canon Law ought to be tithed, or, Quae decimari debent more Catholico, as the words are in a Charter 
b In Armario Cottoniano.  of about Henry the seconds time, of Gilbert one of the Earls of Hertford, to the Priory of S. Marry Oueries in Southwark of the Tithes of Capefeld. And it is like enough, that according to the recitals of those decretals noted in the former Chapter, in some places devotion had bred an obedience to the Canons in this point; but, that it was general through the Kingdom, is most false. and whatever the Pope wrote from Rome, we know the truth by a cloud of homebred witnesses. But also those words, Decimari debent or solent, so often occurring, may be understood of such things as used to be tithed when Tithes were arbitrarily paid, as among the Gentiles, or Christians, he that offers de iis quae offerri solent, intimates not so much any necessary duty acknowledged by him, as a custom of offering such things, when offerings were arbitrarily made. And although in the book of doomsday it be specially found of one Stori an ancestor of Walter of Aincurt, that he might sine alicuius licentia facere Ecclesiam (in Derby and Notinghamshire) in sua terra & in sua soca, & suam decimam mittere quo vellet, as if it had been his singular prerogative, in his possessions of Graneby, Mortune, Pinnesleg, and other Manors; yet was that liberty or prerogative aswell of building Churches as arbitrary conveyance of Tithes not already consecrated either by deed or prescription, common, it seems, to all Lords of Manors or large Territories, until about the time of K. john. For that of Tithes; the examples and authorities before cited justify it. For the building of Churches (which considered with the arbitrary endowments of them with new Tithes, specially belongs also to this disquisition) it was affirmed for a common liberty of the Baronage in letters of King john to Innocent the third, as you may see in the Pope's answer to the King. 
s Innocent 3 Epist. Decretal. lib. 1. pag. 228.  Quod enim de consuetudine regni Anglorum (says the Pope to him) procedere regia serenitas per suas literas intimavit, ut liceat tàm Episcopis quam Comitibus & Baronibus Ecclesias in feudo suo fundare; Laicis quidem Principibus id licere nullatenùs denegamus, dummodo Dioecesani Episcopi eis suffragetur assensus, & per novam structuram veterum Ecclesiarum justitia non laedatur. It was challenged without licence; but the Pope allows it to the laity, so that they had licence from the Bishop of the Diocese, and withal that the new foundations bereaved not ancient Churches of their assigned endowments. But after the time of K. john, few or none of those arbitrary consecrations are found. yet in Henry the thirds time some were, as you may see in those of Fines taken out of the chartulary of Gisburn. but remember also they were in the Province of York. Neither were those Grants disallowd by either Common or Canon Law here then practised. and in thoses 
t Epist. 21. & ●4.  cases of Tithes that occur among the Epistles of john of Salisbury, who lived in time of Henry the second, no title is made merely by Parochial right; but Prescription or Consecration are the grounds whereupon they are demanded. and whereas in the case of Robert Wnegot before Adelelm Archdeacon of Dorchester, the question was there, super quibusdam Parochianis & Decimis, and the Actor produced testimony that he had formerly recovered ius Parochiale quod petebat cum decimis; it is clear that the Tithes were not recovered iure communi as they are at this day belonging to the Parish-Rector, but by special title of Consecration or Prescription. and the ius Parochiale there, was the right of having the Cure and Offerings of the Parishioners, which had not necessarily annexed to it the right of Tithes by the practice of that time. whence it came that Parochiani & Decimae are both there mentioned as several demands in the Actor's Libel. and hereof see more anon in the corollary of the ancient jurisdiction of Tithes in England. and that admonition of Theobald Archbishop of Canterbury (before cited) to Ala Countess of Warren, is observable. is it not apparent that he allows not only the arbitrary Consecrations made by the Earls, but also reprehends her sharply for not performing what they had therein vowed? But in the ensuing times, after that the Canon Law had here gained greater strength, which happened soon upon Innocent the third his thundering out his Interdict against this Kingdom, his Excommunication against the King, and frighting the subjects with his Bulls stuffed with commination, and that against this very point of arbitrary conveyances of Tithes; it soon came to be a received Law, that all Lands regularly were to pay Tithes to the Parish or Mother Church according to the provision of the Canons. and therefore upon Delegation made by Pope Innocent the fourth in 49. Hen. 3. to the Priors of S. Trinity, and S. Bartholomew in London, and the Archdeacon of Westminster for the deciding of a controversy twixt the Abbess and Nuns of Chartris by Ely, and Robert Passelew Archdeacon of Lewes, about some Tithes of the possession of the Nunnery in Barington, it appears that in Passelews libel, no other title is made, but that the Land lies infra limites Parochiae suae de Barenton, unde petit dictam Abbatissam compelli integrè ad solutionem dictarum decimarum cum damnis & interest etc. and some others like are of that time according to the Law that to this day continues, as may especially be found in the books of 
u Ms. in Biblioth. Cottoniana.  Pipewell and Osney. That example is in the chartulary of that Nunnery, composed by the cost and pains of Agnes Aschefeld▪ Abbess there, and Henry Bukworth Bachelor of the Canon Law, about the time of Henry the sixth. You may add to the confirmation of this ending of the ancienter course of arbitrary consecrations, and the later establishing of Parochial right in Tithes, that of the English 
* Sup. cap. 7. §. 1.  Monks before cited touching the general Council of Lions, held in 2 Ed. 1. I doubt not but that Parochial right was long before for the most part settled; but it is not likely that they had so confidently affirmed such a continuing liberty of conveyance of Tithes at the owners will, had they not known that until about the preceding ages at least, it had been in common practice both of fact and positive Law, especially in this Kingdom where they lived. Whether this petition in Parliament of 6. Ed. 1. 
x Inter fascie. Pet. Parl 6. Ed. 1 in ar●● Londin.  may give any light to that assertion of theirs, I know not. Nicholas of Crainford, Parson of Gilingham, complained to the King, Quod cum Foresta Domini Regis, ibidem sita, sit infra Parochiam suam, quod Dominus Rex Decimam faeni, venationis, pannagij, & aliorum proventuum ipsius forestae de gratia & pro salute animae suae, & animarum praedecessorum suorum, Ecclesiae suae cui de iure communi debentur plenè solui praecipiat, secundum formam supplicationis & exhortationis Apostolicae porrectam Dominio R. apud Gilingham quando fuit ibi ad Natale. What was that supplicatio or exhortatio Apostolica? did not some such thing, coming from Rome about the time of the Council of Lions, make the Monks think it a thing agreed upon in that Council? it seems here too, that in the King's case, Parochial right of Tithes was not yet every where settled, although the Tithes were increasing in a Parish.   

IV.  
After this establishment of Parochial right, new arbitrary conveyances out of lands lying in any Parish, were not permitted, but ancient consecrations were still retained, and had confirmation either from prescription or Papal privilege which were, by the Canons, sufficient titles to be pleaded against the common right claimed by Parish Rectors. And when this innovation grew in Parochial right, then also the jurisdiction which the common or secular Law had formerly challenged and exercised in detaining the right of Tithes (between the Parish and Parishioner) grew out of use; and the legal proceeding became to be regularly according to the Canons which brought the practice to be as since it hath continued. But of the ancient jurisdiction more anon. So was it now come to that pass, that no new arbitrary consecrations might be made of the Tithes of lands lying in any Parish. But yet for such lands as were not Parochially limited, the ancient liberty was retained. and although by the Canon Law the Bishop is to have all Tithes growing in lands not assigned to any 
y Extr. tit. de Decimis c. 13▪ quoniam  Parish within his Diocese, yet in the monuments of the common Laws such Tithes growing in lands of the Crown, are at the arbitrary disposition of the King. such places have 
z 14. Hen. 4 fol. 17. b. & Brook tit. Dimes 10.  been and (I think) are in divers Forests. And hereof says Thorp in 22. Assis. pl. 75. Il soleit estre ley quant il aver certain place qui fuit horse de chescun Paroche come en Englewode, & huiusmodi, en tel case le Roy ad & doit aver les dismes de cest place (& nient l' Euesque de am) a granter a que luy plest. and relates further that the Archbishop that year made suit to the Council, to have had such Tithes. But, under favour this was understood only of the Kings granting the tithes of his Demesnes occupied by his bailiffs according as in ancient time every man else did. for whatever the words seem to import, Thorp speaks only of such lands of the possession of the Crown; in which case, it must not perhaps be understood so much, a part of the Royal prerogative as a right due to the King by common Law, in regard of his possession of lands not limited to any Parish. Neither doth he affirm that Tithes of such places are due to be paid to the Crown, but that they are in the King to grant at his pleasure, if growing in his demesnes. But to this purpose is a notable case in the Parliament rolls of 
* In receipt. Scaccarij, & in Cod Vet. apud V. C. I. Borough regiorum in arce Lond. Seriniorum prasectum.  18. Ed. 1. where Ralph Bishop of Carleol Petit versus Ecclesiae Priorem de Karliel Decimas duarum placearum terrae, of the new assarts in the Forest of Inglewood, whereof the one is called Linthwait, the other Kirkthwait, Quae sunt infra limites Parochiae Ecclesiae suae de Aspaterike etc. and lays by prescription in his predecessors the Tithes of the pannage there, before the assarting or culture. Henry of Burton also, Parson of Thoresby, claimed in Parliament the same Tithes as belonging to his Church, and infra limites Parochiae suae. and the Prior comes & says, that Henricus Rex vetus (Henry the first, it seems) concessit Deo & Ecclesiae suae Beatae Mariae Karliel omnes Decimas de omnibus terris quas in culturam redigeret infra Forestam, & inde eos feoffavit per quoddam cornu eburneum quod dedit Ecclesiae suae praedictae etc. Whereupon the King's Attorney, Dicit quod Decimae praedictae pertinent ad Regem & non ad alium, quia sunt infra bundas Forestae de Inglewood, & quod Rex in Foresta sua praedicta potest villas aedificare, Ecclesias construere, terras assartare, & Ecclesias illas cum Decimis terrarum illarum pro voluntate sua cuicunque volverit confer, eò quod Foresta illa non est infra Limites alicuius Parochiae etc. Et petit quod Decimae illae Domino Regi remaneant prout de iure debent ratione praedicta etc. Et quia Dominus Rex super praemissis vult certiorari, ut unicuique tribuatur quod suum est. William of Vesci, justice of the Forest beyond Trent, and Thomas of Normanuill, his Escheator for those parts (for so was the division anciently of Escheatorships) were assigned Commissioners to inquire of the truth, & certificent Regem ad proximum Parlamentum etc. So are the words of the Record. Where the Attorney challenges not the right by prerogative, but only in regard that the place being the demesne Land of the Crown; & not assigned to any Parish, the Tithes are grantable by the King, as owner, at his pleasure. And so it well agrees both with that liberty challenged by King john in the name of his Baronage, that they might found new Churches at their pleasure in their own fees (before the establishment of Parochial right in Tithes) as also with the more ancient practice of the Kingdom, whereby Tithes might not be parochially exacted, nor were so reputed due, but by the owners arbitrarily conveyed in perpetual right. And whereas Herle, in 7. Ed. 3. fol. 5. a. says generally, That no man might arbitrarily give his Tithes that are not within Parochial Limits, but that the Bishop of the Diocese should have them. It seems, he spoke suddenly, as out of the Canon Law, and not according to the Law of England. And he adds, that it is against reason, Que home ne purra my granter says almoignes a que il vouldra. And but 
* Mich. 5. Ed. 3. Coram Rege Rot. 168. Cumbria.  two years before that of Herle, it was adjudged in the King's Bench, Quod de Decimis grossis Priori de Carleol & praedecessoribus suis de dominicis Domini Regis infra Forestam de Inglewood provenientibus & extra quaruncunque Parochiarum Limites existentibus per Cartam progenitorum Domini Regis nunc concessis, & per Cartam ipsius D. R. nunc confirmatis, etc. a Prohibition should be granted against the Bishop of Carleol, that claimed them. It was upon a Record sent thither out of the Parliament, as in the Roll appears largely. And Edward the first gave such Tithes of the Forest of Dene, as increased not within any Parish to the Bishop of Landaff, by which title the Bishop afterward 
* Rot. Parl. 8. Ed. 2. rot. 17. in dors..  claimed them; and no question was of that point. But for common or waste ground, the Parish whereof is not known, the Statute of 2. Ed. 6. hath given the Tithe cattle therein depasturing, to the Church within whose Parish the owner dwelleth.    

CAP. XII.  
I. Appropriations and Collations of Tithes with Churches. The Corporations to which the Appropriations were made, presented, for the most part, Vicars. Thence the most of perpetual Vicarages.  
II. How Churches and Tithes by Appropriation were anciently conveyed from Lay-Patrons. The use of investitures, practised by Lay-Patrons.  
III. Grants of Rents or Annuities by Patrons only, out of their Churches. Of the Bishop's assent. More of investitures. A Writ to the Archdeacon anciently sometime sent upon recovery of a Presentment.  
IV. Of hereditary succession in Churches.  
V. Laps upon default of Presentation grounded upon the general Council of Lateran, held in 25. Hen. 2. What Praesentare ad Ecclesiam is originally. Donatio Ecclesiae.  

I.  
AS by Consecrations severally, so, with Churches, in Appropriations, Tithes were frequently conveyed, and by express name. as Ecclesia de N. cum Decimis, or the like, are usually given Monachis, Monialibus etc. ibidem Deo seruientibus etc. according to what is before noted of other Countries. But this Mention of Tithes, with Churches in Appropriations, was rare, or not at all, till after the Normans. In the Saxon times, many appropriated Churches are found, and that from between D.CC. and D.CCC. years since, till the Normans. but the Charters that conveyed or confirmed them, have usually nothing but Ecclesias and so many Carves or Yard Lands, or so much rend annexed to them, nor speaking at all of any Tithes transferred with them. For special examples of such ancient Appropriations, you may see the recitals of the Charters of King Bertulph, King Beored, and King Edred, made to the Abbey of Crowland, and inserted in Ingulphus. But after the Normans, in Appropriations, most commonly, the Church is expressed, una cum Decima (that is, the Tithe annexed or consecrated to it) in annona, or in other kind, and the places sometimes are named where the increase of the Tithe grew. Such examples are very obvious, especially in the Chartularies of Abingdon and Rochester. And, as is before noted, the most common intent (allowed also by Canonical confirmation, which sometime but rarely was added in those elder ages) was, that the Corporation whereto the Appropriation was made, should put Clerks or Vicars in the Churches so conveyed to them, which were to answer to them for all temporal profits, as Tithes and other revenues (although the Churches were distant many hundred miles sometimes from the Monasteries; for a Church in one Kingdom also was often appropriated to a Monastery of another) and to the Ordinary for spiritual function. The general Confirmations that are sometimes found of that time, make it manifest. and for the two Provinces, it is not amiss to add here these two examples of it. In 17. Will. 1. Thomas Archbishop of York makes a general Confirmation 
a R●g. de Hou●d●n, part. 1. fol. 26●. ●.  to the Priory of Durham of all Churches either then appropriated to them, or thereafter to be appropriated, and grants and commands, Vt omnes Ecclesias suas in manu sua teneat, & quietè eas possideant, & Vicarios suos in eyes liberè ponant, qui mihi & successoribus meis de cura tantum intendant animarum, ipsis vero de omnibus caeteris Eleemosynis & Beneficijs. So, under Henry the second, Pope Lucius the third writes to all the Monks in the Province 
b Append. ad Concil. 〈◊〉. part. 16  of Canterbury, and bids them, that in all Churches, in quibus praesentationem habetis cum vacaverint Diocesanis Episcopis Clericos idoneos praesentetis qui illis de spiritualibus, vobis de temporalibus debeant respondere. Where, that in quibus praesentationem habetis, can be understood only of Churches appropriated (which they enjoyed not pleno iure, that is, 
c Panormitan. ad tit. de restit. in integr. cap. 〈◊〉.  in which they were bound to allow some competent revenue to a Vicar or Curate, and had not exempt jurisdiction, nor the power of institution of Vicars, without presentation to the Bishop) as is plainly known from what follows touching the answering for the Temporalties to the Monasteries. And in those times, as is already delivered, it was most frequent, to have presentations made by Monasteries to their appropriated Churches; and the Vicar-Incumbents or Presentees had no more of the profits (notwithstanding the institution than the Monasteries would arbitrarily allow them. Neither followed any disappropriation upon such Presentation, however the later Law be taken otherwise. Nor was there any perpetual certainty of profits or revenues to their Presentees, until such time as the Monks, by composition with the Ordinaries, or by their own Ordinance (which prescription after confirmed) appointed some yearly salary in Tithes, or Glebe, or Rent, severally for the perpetual maintenance of the Cure; which Salaries became afterward perpetual Vicarages. And to these testimonies touching appropriated Churches in those ancient times, and presentation to them, you may also add that 
d Roger. Houed. annal. 2. fol. 460. b.  Canon of the Council of Westminster, held in the second of King john by Hubert Archbishop of Canterbury, to the same purpose. wherewith is agreeing also one of Othobons' Legatine Constitutions, touching filling of Appropriations, and making of Vicarages; as also the two Statutes of 15. Rich. 2. cap. 6. & 4. Hen. 4. cap. 12. touching the point of which Statut, a Bill in the next Parliament▪ was again put in, but answered with 
e Rot. Parl. 5. Hen. 4. art. 74.  Soient les statutes en faitez & gardez.   

II.  
In those elder Appropriations, it appears that the Church and the Tithes, and what else was joined with it as part of the assigned revenue, by the practice of the time passed in point of interest from the Patron by his gift (which oftentimes was by livery of a book or a knife on the Altar) not otherwise then freehold conveyed by his deed & livery. Neither was confirmation or assent of the Ordinary (as it seems) necessary as of later time. Observe this one example of the Church of Waldren appropriated to the Priory of Lewes in Sussex by Robert of Dene, wherein he as Patron appoints also the conditions to which the Presentee or Vicar-encumbent of the Priory should be subject. Ego Robertus de Dena (says the 
f In Thesauro Cottoniano.  Deed) & uxor mea Sibilia pro animabus antecessorum nostrorum & pro salute nostra, & successorum nastrorum concedimus Deo & S. Pancratio Latisaquensi Ecclesiam de Waldrena cum terris & Decimis, & omnibus ad eam pertinentibus, & cum duabus partibus Decimae bladorum de Caluindona, ita videlicet ut Sacerdos de Waldrena, de his omnibus soluat S. Pancratio singulis annis dimidiam marcam argenti. Ipse autem Sacerdos per manum Prioris S. Pancratij Ecclesiam de Waldrena tenebit quamdiù castè & religiose vixerit. Quod si crimen incurrerit, judicio Prioris Latisaquensis corrigetur aut expelletur. This, about the time of Henry the second, was made coram duobus Hundredis apud Hundestuph. Very many other are extant so made, as well by common persons as the King in the Saxon times of churches, and since, of Churches and Tithes without any confirmations; saving sometimes that those of common persons are ratified by the King 
g Videses 7. Ed. ●. fol. 4. b. & Esson. & Placit. de 10. Rich. 1. Rot. 22. Hertf. cas▪ Reginaldi de Argentain.  as supreme Lord, as also they are too by other Lords. for it was not unusual for Tenants to have their Lords confirm their alienations of all kind of possessions. I know what is said in the later Law of the King's power as suprem Ordinary for the part of jurisdiction, and I acknowledge it, as all aught. but in those elder times, that was not the matter which made appropriations good, where his confirmation had place, and none was from the Bishop. at least it cannot at all be proved that his suprem jurisdiction spiritual was so much thought of in them, although otherwise apparent testimony be of the exercise of such jurisdiction & of the right of it in the elder ages in this Kingdom. But the reason of appropriations so practised by lay Patrons only, was the challenged right which in those times they most commonly used in disposition of their Churches, as if they had been all Donatives by collation (without presentation) that is by investiture from their own hands only, which gave their Incumbents real possession of the Tithe of the Church and all the revenues, no less than presentation, institution, and induction do at this day. For however, not only the Decrees both of the Pope and general councils, were anciently against that kind of investiture, but also the Provincial or national Synods here held, had like Canons forbidding it, as in 3. Hen. 1. the 
h Guilford Malmes●. de Gest. Pontific. lib. 1. vide Anselm. lib. 3. Epist. 45.  Council of Westminster held under Anselm Archbishop of Canterbury, & Girard of York, ordains, Ne Monachi Ecclesias nisi per Episcopos accipiant, and in 25. Hen. 1. at the same place in the national Synod, held by Cardinal john de Crema, the Pope's Legate, it was constituted, that 
i Continuat. Florent. Wigor●. anno 1125.  Nullus Abbas, nullus Prior, nullus omnino Monachus, vel Clericus Ecclesiam sive Decimam seu quaelibet beneficia Ecclesiastica de dono Laici sine proprij Episcopi autoritate & assensu suscipiat quod si praesumptum fuerit, irrita erit donatio huiusmodi etc. and some allowance was given to these Canons by the King; yet it is most certain thât the practice was for divers years afterward otherwise, and that Churches with Tithes were most commonly given by lay Patrons, without the Bishop's assent or institution, and that as well by filling them with Incumbents, as appropriating them to Monasteries, Chapters, or otherwise. Beside the examples that might enough prove it and are obvious in old Chartularies, the preamble of a Decretal of Alexander the third, sent, under Henry the second, to all the Bishops of 
k Extr. de Instit. c. 3. ex frequentibu● qui Canon plemus habetur in Appendice ad Concil. Lateran. part. 28. cap. 11.  the Province of Canterbury, is herein full testimony. Ex frequentibus querelis (says he) didicimus in partibus vestris consuetudinem pravam à multis retro actis temporibus invaluisse, quod Clerici Ecclesiastica beneficia sine consensu Episcopi Dioecesis vel Officialium svorum (qui hoc de iure possunt) recipiunt minùs quam deceat, sollimitè cogitantes, quomodo id à Patrum sanctorum est institutionibus alienum & Ecclesiasticae contrarium honestati. unde cum tu frater etc. where you see plainly that course of investiture or donation by the Patron without presentation, was consuetudo quae a multis retro actis temporibus invaluerat, which shows it to have been then a part of the secular Law; though the judgement of the Bishops and the Pope titles it Prava. agreeing to this are other testimonies in 
l Tit. de iure patr. c. 10. cum Laici. c. 11 cura Pa●torali etc. 21. relatum. vide Roger. de Hoveden. Annal. fol. 208. a. l. Sarisbur. Policrat. lib. 7. cap. 21. & App. ad Concil. Lat. part. 15 cap. 2.  Gregory's decretals, and that in Epistles to all the Bishops of England to forbid it. and it is specially observable, how ill the Baronage of England took it when Anselm under Henry the first would have, through Papal Canons, inhibited the practice of investitures, used by the King and other lay Patrons, which is recorded in an Epistle 
m Epist. Anselm. Ms. 195. in Bibl. Cottoniana.  of that Anselm, directed to Pope Paschal the second, thus speaking. Domino Reverendo & Patri diligendo Paschali summo Pontifici Anselmus servus Ecclesiae Cantuariensis, debitam subiectionem & orationum assiduitatem. Postquam revocatus ad Episcopatum redij in Angliam, ostendi decreta Apostolica quae in Romano Concilio praesens audivi ne scilicet aliquis de manu Regis aut alicuius Laici Ecclesiarum Inuestituras acciperet, ut pro hoc eius homo fieret; nec aliquis haec transgredientem consecrare praesumeret. Quod audientes Rex & Principes eius ipsi etiam Episcopi, & alij minoris ordinis tam gravitèr aceperunt, ut assererent se nullo modo huic rei assensum praebituros, & me de regno potius, quam hoc seruarent, expulsuros & à Romana Ecclesia se discessuros; unde reverend Pater vestrum petij, per Epistolam nostram, consilium etc. This is in the Ms. Volume of Epistles of Anselm, fairly written by john de Grandisono Bishop of Excester, in the year M.CCC.LXIV. in which are above C. more than are published in his printed Works. they menaced the Archbishop with banishment, and the Pope with revolt from his See, only for their withstanding that practice of investiture; whereof, for so much as concerns abbeys, Priories, or Bishopriques (in giving them by the ring and baston) much testimony is in the story of about that age. and the King's remission of the investitures of those great dignities is frequent. but, for Parish Churches, of which we here chiefly speak; the common occurrences of investitures mention them but little. But for the use of them known also by the name of Institution; see the Fine anon transcribed of 33. Hen. 2. as also specially a commission sent by Pope Alexander the third, to the 
i In Append. 〈◊〉 Concil. Lat. part. 8. cap. 14. tit. de testibus cogend●●.  Dean of Chichester, touching a Parson that was legitimè institutus à Willielmo Nobili viro, and had resigned Personatum Capellano Domini. But this course of investiture by Lay men, after Anselmes time, began to be of less use; and some, obeying the Canons, presented, others still collated by investiture till about Richard the first and King john's time, whereof more in the next Paragraph. To the Lay Patrons challenged right of such investiture of Churches and Tithes, belongs specially the Granting of Rents and such like out of Rectories by the Patrons only, and the Sons or others Succession in Parish Churches after the death of their ancestors of both which (little known vulgarly) ancient warrant is yet remaining.   

III.  
For the first; in the chartulary of the Priory of S. Needs in Huntingdonshire, one Robert Fitz-water (about King john's time) gives to the Priory six marks of silver nomine certi beneficij in Ecclesia de Wimbisse annuatim percipiendas per manum personae eiusdem Ecclesiae. Quare volo (says he) ut quicunque in praefata Ecclesia de Wimbis. ad praesentationem meam vel haeredum meorum persona instituta fuerit praenominatis Monachis S. Neoti de supradicto beneficio VI marcarum fidelitatem faciat, saluo mihi & haeredibus meis iure advocationis & praesentationis etc. and divers other such like are. Neither have I met with a precedent of those times wherein the Encumbent was Grantor, as at this day by the Common Law (the Church being full) I think he must. but most usually a provision by the Patron was inserted to this purpose, that the several Encumbents should by Oath bind themselves to the true payment. nor was it so necessary to have the ordinaries assent, when that, which the Ordinary by the practice of the later Law is to do in his Institution, was in frequent practice supplied by the Patron's investiture. Out of which may be the better understood that part of the new Canon in the Synod of Westminster, held under 
k Roger. 〈◊〉. A●●al. fol. 310.  Richard Archbishop of Canterbury, in 21▪ Hen. 2. Nulli liceat Ecclesiam nomine Dotalitij ad aliquem transfer, that is, That no Patron should give his Church. as it were in Frankmariage, or make of it a Donatio propter nuptias (as the Civilians call it) to remain with the husband of his Daughter or Kinswoman, during his life. How could such a gift have at all been made by presentation (as of later time it is understood) Institution or Induction? and a most observable example of this matter is in a Fine of 33. Hen. 2. in these words. Haec est finalis concordia facta in Curia Domini Regis apud Cantuariam anno Regni Regis Henrici secundi XXXIII. die Venetis proxima post festum sancti johannis Baptistae Coram Radulpho Archidiacono Colecestriae, & Rogero filio Reinfri, & Roberto de Witefeld, & Michaele Belet justiciarijs Domini Regis, & aliis fidelibus Domini Regis ibidem tunc praesentibus inter Priorem de Lewes & Monachis eiusdem loci & Willielmum filium Arthuri, quem Richardus de Budegintun pofuit loco suo ad lucrandum vel perdendum de aduocatione Ecclesiae de Budeketun, unde placitum erat inter eos in Curia Regis, scilicet quod Prior & Monachi remiserunt & quietum clamaverunt eidem Richardo & haeredibus suis advocationem praedictae Ecclesiae per ita quod persona quae per ipsum Richardum vel haeredes eius in eadem Ecclesia instituetur, reddet singulis annis Ecclesiae de Lewes four solidos scilicet ad festum Sancti Michaelis. & ille qui in eadem Ecclesia per ipsum Richardum vel haeredes suos instituetur persona, post institutionem suam, coram Episcopo fidelitatem praestabit quod praedictam pensionem praedicto termino Ecclesiae de Lewes persoluet, & posteà in Capitulo de Lewes eandem fidelitatem innovabit. Here it appears (it seems) by the judgement of the King's justices, that the Patron had such interest in those times, that he might alone without grant of the Encumbent (who came in by his Institution and investiture) or confirmation of the Bishop, charge the church with a pension. and this, being in a Fine, is of authority beyond exception for that age. But the like is in Rot. Fin. 7. Rich. 1. Lancast. in a Fine levied between Theobald Fitz-water, demandant in a Writ of Right of advowson against the Abbot of Shrewsburie, of the Church of Kirkham, where XII. mark Rent is reserved to the Abbot, with a like clause for the Encumbents fealty for true payment. the like in Fin. 4. Rich. 1. divers. Comit. touching the Church of Dacheworth. yet also, in that age, the assent of the Parson and Bishop was sometime had. as in Rot. Fin. 7. Rich. 1. Staff. where, upon Right of Aduowson by the Prior and Canons of Stanes against Alice Hopton, for the Church of Cheklegh, Alice & Robertus filius & haeres suus per assensum & voluntatem H. Coventrensis Episcopi in cuius Diocoesi Ecclesia illa sita est, & Osberti personae eiusdem Ecclesiae tunc ibidem praesentium, concesserunt praefatis Priori & Canonicis XXs. de eadem Ecclesia de Cheklegh annuatim percipiendos sine omni contradictione imperpetuum de Clerico eandem Ecclesiam possidente quicunque ille fuerit ad duos terminos videlicet ad Pascha Xs. & ad festum S. Michaelis X ●. etc., Here the assent of the Parson and Bishop being both present in Court, is inserted in the Fine; yet enough examples show that it was not (as may be strongly coniecturd) thought altogether necessary. But indeed however the right of investitures had been then much exercised by Lay Patrons, yet in case of Clergy Patrons, if the Church were not of exempted jurisdiction, the Bishops more usually instituted: and therefore was their assent the sooner admitted sometimes into the Fine; and doubtless also some lay Patrons willing enough herein to obey the Canons, after Anselm and perhaps before arbitrarily filled their Churches by presentation to the Bishop. this may be collected especially out of that of the grant of the 
l Extr. de Instit. ●. 6. cum ve●issent Edit. Gregoriana.  privilege of Institution in Churches, made by Turstan Archbishop of York under Henry the first, to the Archdeacon of Richemond, as also out of two decretals from Rome, sent by Pope 
m Extr. tit. de iure ●urando c. 11. tuae ●es. & de iure patr. c. 24. cousin autem.  Lucius the third, under Henry the second to the Bishop of Norwich. and in some other 
n 16. Ed. 3. tit. Annuity 23 & Rot. Fin. 1. joh. Huntingdon.  authority both in our year books and in the fine Rolls also of the beginning of King john, the Bishop's assent in such grants of that time is sometimes found. and in that commonly (but without sufficient ground) attributed to Randol of 
o Lib. 3. cap. 20.  Glanvill chief justice of England to Henry the second, the Bishops institution is spoken of as a thing of not unknown right upon a recovery in Darrain presentment, according as the Canons require. And in an Epistle 
p In Symbol. Electorum Ms. in Bib. Cotton.  of Giraldus Cambrensis (written in those times to Hugh Bishop of Lincoln about his Parsonage of Cestreton, which he challenged upon presentation of himself made by Gerard of Camvill, a Gentleman of great worth in Lincolnshire) the Bishop's Institution is spoken of, as clearly necessary, according to the Canons, and noted with Episcopus solus honores dare potest; which, you must remember, was written by one that was fervent for the Canons, and had also written against the avitae consuetudines or common Laws of that time. But these testimonies must be warily understood, and compared with the former and frequent practice of the contrary, which about that time, especially under Richard the first and King john (it seems) much altered. Neither till about that time can it be found, that the more common practice of Lay men's investitures ceased. Nor was the Bishop's Institution presently and uniformly thence used, as of later ages. The authority of the Clergy had by that time taken away the use of Lay men's investitures. Yet was it not clear, it seems, upon the practice that here followed, what dignity of the Clergy should then exercise the Institution: for you shall find it sometimes done by the Archdeacon, as it was also before K. john, in some cases where any Lay man omitted his investiture; as may be gathered out of a Decretal, sent 
h Extr. de 〈◊〉. Archidiac. c. 4. cum satis & cap. 5. Archidiac●●●.  hither from Pope Alexander the third, to forbid the Archdeacon of Ely, Curam animarum sine mandato Episcopi committere. And afterward also, in Pasch. & Trin. 9 & 10. Reg. joh. a Writ is awarded to the Archdeacon, as now it ought to the Bishop, upon recovery of a Presentment. The entry is thus. Recordatum est per G. filium Petri & Simonem de Pateshull quod Simon filius Richardi, tempore Regis Richardi, recuperavit, coram eyes & socijs eorum versus johannem de Kalceto seisinam Aduocationis Ecclesiae de Buckworth (in Huntingdonshire) per assisam de ultimâ prasentatione, ita quod habuit breve quod Archidiaconus admitteret personam ad Ecclesiam illam ad praesentationem eidem; & ipse johannes impedivit eum ita quod implacitavit eum per breve Papae, & Dominus Rex prohibuit placitum, & Simon venit & impetravit à Rege quod loquela procederet, & quod haberet breve ab Archidiaconum de Clerico suo admittendo & habuit. T. domino G. filio Petri & Will. de Briwere. Here twice was the Writ of Admission or Institution sent to the Archdeacon, not to the Bishop. Perhaps indeed it happened in the vacancy of the See. for the time so falls, that we cannot be sure of the contrary. But admit it were so. Plainly, the Archdeacon neither by Canon nor common Law had any more right of Institution, by reason of a Vacancy of the bishopric. And certainly, during the vacancy, the Writ should 
r Arg. 15. Ed. 3 tit. Quare non admisit 5. & Fitzh. N. ●. 47. l. etc.  go to the Guardians of the spirituality, which by the Canon Laws, are the Dean 
s 6 tit. de Suppl●nd. Pr●lat. neglig c. 3. & 36. Hen. 8. tit. Administrators 46.  and Chapter, but by the Law of England 
t Vide 17. Ed. 2. tit. Briefs 812. 1●. Ed. 4.14. ●. Regist. Orig. f. 6● a. & 141. a 17. Ed 3. fol. 23. b. etc. , the Archbishops in their several Provinces, and the Deans and Chapters only, in case where the Archbishopriques are void. And in other places, somewhat afterward also I have seen Institutions often 
u 5. 〈…〉 Matricul. Eccles▪ in Archidiac. Laic. in Biblioth. Cottoniana.  by the Archdeacon of Leicester, while the bishopric of Lincoln was void; which shows, that those times were the infancy of the exact course of Episcopal Institutions, as they are at this day used. Neither had these any privilege of Institution, as the Archdeacon of Richmond had anciently given 
x Vide extr▪ tit. de Instit. c. 6. & Rog. de Hoveden p. 465. & 468. & seq.  him, or the like. At this day, and from long time before, the Archdeacon only Inducts, as the Books & common practice show. But thereof thus much by the way.   

IV.  
For that other, of Succession in the Benefices of the Ancestors; doubtless, that was, often when the father or other ancestor was Incumbent and Patron, and by that challenged right, of the time, of investiture and sole disposition of the Church, would either in his life time convey the Benefice to his son or heir by grant, which by the practice of the time, supplied, it seems, as well a Resignation, as Presentation, Institution, and Induction; or would so leave the advowson to descend to his heir, that he (being in Orders) might retain the Church in his own hands, according as the Law then, it seems, permitted. Against this, was a Canon made in the national Synod at Westminster in 3. Hen. 1. Vt filii Presbyterorum non sint haeredes Ecclesiarum Patrum suorum. And another in 25. Hen. 1. held under the Pope's Legat. Sancimus (as the words are) ne quis Ecclesiam sibi sive Praebendam paterna vendicet haereditate 
y Videses extr. tit de iure Patron. c. 15 consuluit etc. & tit. de filijs Presbyt. passim. & tit. de Pactis c. 5. aecepimu●. & tit. de Tollibus c. 7. c● part. & Append. Concil. Lat. part. 8. cap. 22. Hereford. Episcopo & Abbati de Ford. Nec omittas eiusdem appendicis, part. 15 cap. 15. & part 19 cap. 1. & part. 28. cap. 4. & 8. part 49 cap. 14. & part. 50. cap. 60.  aut successorem sibi in aliquo Ecclesiastico constituat Beneficio. Without that challenged right of investiture supposed in the Incumbent (having also the Patronage) which supplied all that the Patron, Bishop, and Archdeacon at this day do in filling a Church, how could any Parson make to himself a successor or an heir to have colour to claim the Incumbencie from his ancestor. To this purpose may be well remembered a passage in a verdict found in Rot. Placit. 6. Rich. 1. Rot. 1. of such a kind of conveyance of S. Peter Church in Cambridge: the words are; juratores benè sciunt quod quidam Langlinus qui tenuit Ecclesiam illam, & qui fuit persona illius Ecclesiae dedit Ecclesiam illam, secundum quod tunc fuit mos Civitatis Cantebrigiae, cuidam parenti suo Segario nomine qui illam tenuit per LX. annos & plus, & fuit persona illius Ecclesiae & ipse posteà dedit Ecclesiam illam Henrico filio suo qui illam tenuit per LX. annos & ipse in ligea potestate sua dedit illam Hospitali Cantebrigiae per Cartam suam & idem Hospitali habet Ecclesiam illam. They discreetly find the custom of the City to maintain the Conveyance, supposing (it seems) that the custom would help the last Grantors' title, although the Common Law, which had by that time received some change herein, by force of the Papal Decrees, should not have allowed it. I know, in the Canons another thing is also understood in this matter of Succession, that is, the irregularity of the son of a Clerk; but that can extend only to the matter of Illegitimation upon Marriage forbidden to the Clergy. For which point alone, the Bishops refusal had been the best help, but that indeed the other kind of disposition of Churches by investiture prevented his refusal when Presentation was not made to him.   

V.  
But after such time as the Decretals and the increasing authority of the Canons, about the year M.CC had settled the universal course here of filling of Churches by Presentation to the Bishop, or (as it seems sometimes it was) to the Archdeacon, or to the Vicar of the Bishop, or Guardian of the Spiritualties; that use of investitures of Churches and Tithes severally or together, practised by Lay men, was left off, and a division of Ecclesiastical & Secular right from thence hath continued in practice. Neither did 
z Vide Rot. pat. 9 joh. R. membr. 1. alibi saepem in Archivis, quae ad illius tempora spectant.  the King afterward (much less common persons) fill their common Parochial Churches without such presentments from Bishops. Parochial Churches; for of special donative Chapels we here speak not. neither were Appropriations of Churches & Tithes afterward allowed, that had not 
a 2. Ed. 3.23. b. 3 Ed. 3. fol. 11. b. 10. Ed. 3. fol. 50. a. & vide Casum Episcopi Lincoln. in Comment. 2. etc.  confirmation from the Ordinary immediate or supreme. And in the same age also came in the Law of the Laps, whereby the Bishop is to collate after six months upon the Patron's default, it being before at his liberty to fill his Church at his pleasure. neither was he confined to any time. That time of Laps was (according as the use of Presentation grew by degrees settled) received into the Laws of England out of the general 
b Vide Rog. de Hoveáon, an. 1179.  Council of Lateran, held in 25. Hen. 2. under Alexander the third; to which, four Bishops (according to the ancient use of this Kingdom) that is, Hugh Bishop of Durham, john Bishop of Norwich, Robert Bishop of Hereford, and Reinold Bishop of Bath, were sent as Agents for the Church of England. By that Council, after vacancy of six months, the Chapter is to bestow those Churches, which the Bishop, being Patron, had left so long void; and upon their default, the Metropolitan. but no word is of Lay Patrons in it. Yet by reason of the Authority of that Council, and of a Decretal 
c Extr. de iure Patronat. c. 22. 〈◊〉 se.  of the same Pope, which speaks of like time upon default of Lay Patrons, it hath been since taken here generally, that after vacancy of six months, the next Ordinary is regularly to collate by Laps. Which perhaps was received for a Law, to continue as it hath done, in the Council or Convocation at Pipewell, held in the first of Richard the first, and some ten years after that General Council of Lateran. For in that of Pipewell, the principal thing in hand was the providing for Churches upon death of their Pastors. Habitus est (saith Ralf de Diceto, Dean of Paul's under King john) generalis conventus juxta dispositionem Regis & Archiepiscopi XVI. Kal. Octobris apud Pipewell, ut de consilio vacantium per Angliam Ecclesiarum haberetur tractatus. I know it was for many Churches then void. but it is like enough that according to the general Council this Law was then here received. but that's only a roving conjecture, and so I leave it. and as in the 
d Extr. tit. de suppl. prael. negl. c. 3. & 4. ad Conc. pra●. c. 5. etc.  Canon Law the Council of Lateran (which must be understood that of Alexander the third) is commonly affirmed for the authority of the original of the right of this Laps in the case of Bishops specially and Chapters, so is it, in ancient monuments of our Laws, also in the case of Lay Patrons. Ante Concilium Lateranense (says 
e Lib. 4. tr. de Assis. ult. praes. cap. 6. §. 3. Vide, si placet, Roger. de Houcden part. 2. Annal. fol 430. b. & Extr. tit. de Officio I●dicis ordinarij c. 4. cum 〈◊〉. ant● Concilium Papae Alex. 3. illud n● fallor rese●●ps●●, & lucem huc ad●●rt.  Bracton) nullum currebat tempus contra praesentantes. And in Placit. de Banco Mich. 3. Ed. 1. Rot. 105. Staff. The Bishop of Coventrie and Lichfield pleads a collation by laps autoritate concilij, against the Prior of Landa, to the Church of Patingham. and in the same Plea Rolls of Pasch. 5. Ed. 1▪ Rot. 100 Linc. in a quare non admisit, by Alienor, the Queen Mother, against the Bishop of Lincoln, for the Church of Orkestow, the six Months and the computation of them (which is there adjudged according to that in 
f Coke Report. part. 6. fol. 62.  Catesby's case) is referred to Concilium Apostolicum, which can be no other than that of Lateran, however the printed Copy of that which we commonly call Breton 
g Chap. 62. des exceptions fol. 225. a.  talks of the Council of Lions for the Director of the Laps, whereas indeed the Mss. have for the Lions, de Lautr. which is doubtless for the Lateran; yet also in the Rolls of the Common pleas of Pasch. 9 Ed. 1. Rot. 58. Suthampt. the Archbishop of Canterbury defendant in a Darrain presentment, against the Abbot of Lyra, pleads that the Church (of Godeshull) est plena ex collatione ipsius Archiepiscopi ratione Concilij Lugdunensis, and being demanded by what article of the Council, would not thereto answer, whereupon, after long deliberation, judgement is given for the Abbot. But in the same Plea the Law and custom of England for the six months' time of Laps (which they call there Consuetudo regni Angliae) is referred to a Council; but none is specially named saving that of Lions. But although from Canonical authority the Laps was thus received into our Laws, yet it hath been no otherwise then the Baronage of England would permit it. for the Canons otherwise (as at this day they are) give but four 
h C. unico §. 1. de iure pa●r. in 6.  months to a Lay Patron, and six to an Ecclesiastic, which difference the Law of England would never permit; as also neither that of the right of collation which the Chapter is to have upon default of the Bishop, however the Pope would have put it here in execution according to the words of the Council, which you may see in the authorities before noted out of the Text of the Canon Law. and therefore the Law of Laps is well referred rather to 
i Regist orig. fol. 42. b. ●nter prohibitiones.  Consuetudo Regni Angliae (by which title other parts of our 
* Vide 19 Ed 2. tit. Brief 842.18. Ed. 3. fol. 55 b. Regist. Orig. fol. 98. a.  Laws were often named that were of later beginning) then to the Council, although thence doubtless, as is showed, it had its original. But although now, what through the decretals and other Canons against Lay men's investitures, what by reason of the Law of Laps, the Patrons former interest or challenged right was much diminished in the Church and the disposition of the revenues of it (for it followed also that the Ordinaries assent was requisite) yet the formulae or precedents used from ancient time in the recovery of presentations still retain, to this day, Characters in them of that investiture. as the quare impedit, that is, Praecipe A. quod justè etc. permittat B. praesentare idoneam personam ad Ecclesiam de N. quae vacat & ad suam spectat donationem etc. Where Donatio still savours of the ancient right of investiture; agreeing whereto is that of Ecclesiam 
k Gla●●il. lib 6. cap. 17. alibi item scilicet in Archivis quae vetustiora Richardi p●imi aut initij johannis tempora spectant, & vide Roger. de Hou●den. fol. 425. b. & P●t. 3. Hen. 3. part. 2▪ membr. 2.  concedere, used elsewhere in our Law, and attributed to the Lay Patron. Neither doth praesentare ad Ecclesiam originally denote otherwise then the Patrons sending or placing an Incumbent into the Church, and is made only of repraesentare, which in that Council of Lateran and 
l Extr tit. de Cens●bus c. 11. cum Clerici. & tit. de Praeb. & dig▪ c. 31. In Lateranens. §. 2. & tit. de priuil●g▪ ● 3. & Hostiens. Summ. tit. de Capellis Monachorum. & sapius.  elsewhere occurs also for praesentare. repraesentare is properly to restore, give back, or repay, as reddo or repraesto, whence praesentare taken in the barbarous times denoted as dare or donare; so that idoneam personam ad Ecclesiam praesentare was all one with idoneam personam ad Ecclesiam dare or donare, or in Ecclesia constituere, or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as 
m Epist. ad Tit. cap. 1 comm 5.  the Apostles word is to Titus, where he bids him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. that is, appoint or constitut, or indeed present Priests or Encumbents in every City. for he that there should turn it by present, might so keep the property of the word in both tongues, though not as present is now restrained. this is justified out of an old glossary that turns Repraesento by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. for then clearly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is Praesento: while praesentare so signified also in practice, that is in the time of the use of Lay investitures, all Churches so given were properly Donatives, which attribute hath been since restrained, chiefly to such free-chappels as the Ordinary had no interest in, but are collated or given by the act only of the Patron. and this interpretation of praesentare is justified also 
n 16. Ed.▪ 3. tit. Br●i●e 660. Fitzh. Nat. Br. fol. 33. B.C.D.E.  out of the quare impedit upon a right of collation (which is but a donation) by the Bishop, wherein the words are also quod permittat praesentare ad Ecclesiam etc. Donation (which is merely as investiture in regard of the Bishop) is there called Presentation. So also is the Law in the King's Case and of common persons, being disturbed to collate by Letters Patents to their free Chapels or Donatives. the Writ in those Cases is only praesentare, which confirms that it denotes Donation or investiture. But in the Counts upon such Writs, the special matter must be discovered. The like Law is in the Case of him that hath the Nomination of the Clerk. his Writ is also praesentare, although another have the right of that which is now known by the bare name of presentation. Nomination indeed or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 being the true and eldest name found in the Laws belonging to the 
o 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  Church, that denote filling or presenting to a Church, in that sense as Presenting is taken for giving or investing. For, in the primitive times, when the Patron had founded his Church, he nominated whom he would have received into Orders for the serving of that Cure; and than if the nominated were found worthy he was received into Orders for that purpose, which Ordination turned afterward into Episcopal institution, as is before declared. that nomination was indeed as investiture or giving the Church. so is the word used in the Laws and agreeing to them is the purer time of Latin wherein Nominatio 
p 〈◊〉 Epist. ad ●rut. 7.  is for giving a Place or Office that is void. And as these phrases of the Writs taste of the ancient right challenged by the Patron, so do some assertions in our year books of later time; as that of entering 
q 18. Ed. 3. fol. 16, a.  into an advowson by entering into the Church, of passing an 
r 43. Ed. 3. fol. 1. b.  advowson by livery of seisin at the Church-door, of the Patrons entering into the place 
s 5 Hen. 7 fol. 37 a.  of foundation if the Church cease to remain hallowed, and the like. And to like original may you refer those of the King's presentations, which have Dedimus & concessimus in them yet retained, although the force of the words by the later Law, make but only a 
t Vide 19 Ed. 3. tit. Quare impedit 60.  presentation. But the Law is now settled; neither with us hath the Patron alone now any prerogative or direct interest in the Church or the revenues, beside his right of advowson or Presentation to the Bishop, by whose institution and the Archdeacon's induction every Church regularly is to be filled. Neither (for aught I have heard) hath he in our Law any of those Droicts honorifiques, which the French allow him in Precedence, Seats, and the like. These particulars of Benefices and Advowsons had here their place, both because in the ancient conveyance of them either by investiture to an Incumbent, or by Appropriation, the revenue that was in Tithes passed by express words, and that in point of interest from the Patron, as also in regard that, at this day, the Patron of a Parson prohibited by Indicavit, to sue in the Spiritual Court for the fourth part of the Tithes of a Church, may have his Droit d'auowson de Dimes. it was requisite therefore to add these not vulgar or obvious notes of the Advowsons in this discovery of the ancient conveyance and interest of Tithes.    

CAP. XIII.  
I. Infeodations here into Lay hands since the Statutes of Dissolutions. Of Infeodations before that time in England. somewhat more of the original of Lay men's practice in arbitrary Consecrations or Infeodations.  
II. Exemptions or discharges of payment originally by Privileges, Prescriptions, Unity, Grants or Compositions, and by the Statutes of Dissolutions.  

I.  
FRom those arbitrary Consecrations, and frequent Appropriations of Tithes (whereof we have hitherto made mention) to Monasteries or other Religious Places, as Colleges of Regulars, Chantries and Free-Chappels, came the present and common Infeodations of them into Lay hands, which began in the age of our Fathers. For, the Portions of Tithes conveyed to them out of Closes, parts of Manors, and whole Demesnes, by the owners, together with the Tithes granted and possessed with appropriated Churches, were first by the Statut of Dissolution of Monasteries in 31. Hen. 8. and by that other of 1. Ed. 6. given to the Crown, and from thence granted to Lay men, whose Posterity or Assignees to this day hold them with like limitation of estate, as they do other inheritances of Lands or Rents. and, for them, have like remedy by the Statut of 32. Hen. 8. cap. 7. by real action as Assize, Dower, or other originals, as for Lands, Rents, or other Lay possessions by the common Law they might have. But although in other States these Infeodations or Conveyances of the perpetual right of Tithes to Lay men, be very ancient and frequent also; yet no such certain or obvious testimony of their antiquity, is in the monuments of England as can enough assure us that they were before the Statut of Dissolutions in any common use here. But some were, and, for aught appears in the practice of the time, many more might equally have been. And what scruple was there but that long before the general dissolution of Monasteries, Henry the fifth might (by the Law of the Kingdom) have made Infeodations into Lay hands (as Henry the eight did) of all Tithes belonging 
a Rot. Parl. 2. Hen. 5. part. 2. art. 9  to the Prior's aliens whose possessions were given to him by Parliament, he had them settled in the Crown in Fee, and afterward disposed of them to other Ecclesiastic Corporations 
b Vide Cart. 2. Hen. 5. part. 1. num. 3. etc.  at his pleasure, no otherwise then of other Lay possessions. By the way, we understand, in these Infeodations, by the name of Lay men, only such as were not either in Orders or professed in Religion. for otherwise all the possessions of Tithes enjoyed by Nuns and the like, that were indeed Lay (though not commonly called so) might be comprehended under the name of Infeodations. But, that some were here; observe that of Odo Bishop of Bayeux and Earl of Kent, which is before cited out of the lives of the Abbots of S. Augustine's in Canterbury. The words are, Decimas aliquas quas mei fideles habebant etc. What can that be, according to the words, other than Tithes that were in the hands of some of his Tenants? You may add that of Robert S. john cited before out of the Book of Bosgraue, where he had, by the gift of his brother William, certain Tithes, which he gave to the Priory, for maintenance of a fourteenth Monk. And observe the rest of the Deed there. So out of the Book of Osney it appears before, that Decimatio Nicholai de Stodeham quam Fromundus (Capellanus) tenebat is granted by D'Oilly. Had not D'Oilly this from Stodeham? Or was Stodeham here one of his bailiffs or farmers, whose Tithe he granted as Lord or according to covenant with the Lessee? Other such occur sometimes. And perhaps, Decimae hominum meorum, & the like granted, may suppose a title possessed in the Tithes by the Lay grantor. And in the same Book of 
c In Biblioth. Cottoniana.  Osney, in a Passage written in a hand of about Hen. 5. touching the conveyances of Tithes by Lay men to Monasteries, it is related, that he that wrote it, saw Quendam Rogerum D'Oyly Dominum cuiusdam partis de Bampton in Episcopatu Lincolniensi suis Decimis ita uti, ut nunc uni nunc alteri de suis Valettis ipsas conferret annuatim qui sibi in diversis officijs ministrabant, until afterward he erected a chantry with them in the Church of Bampton. These Grants to his Valets, plainly were as Infeodations. And what else was in that known case of Herne and 
d Report 2. fol. 45. a.  Pigot in Mich. 39 & 40. Elizab. but an ancient kind of Infeodation, at least an Inheritance of Tithes from immemorial time in a Lay man? That, and other like to it, might begin upon real compositions, and so the Tithes be derived out of the Church. But regularly, I think, at this day no kind of Infeodation is here allowable in Lay man's making title to a perpetual right of Tithes (except only by the later Statutes of Dissolutions) unless it either be derived from some old Grant of discharge from the Parson, Patron, and Ordinary, (in which case, he to whom the Infeudation should be made, could have it only as a Lay profit issuing out of the discharged land) or joined with a Consideration to be given for maintenance to the Parson, by him that receives them; and this either from time immemorial, or by ancient composition. So I take the meaning of our reverend judges to have been touching this point. In sum than we may affirm, that some such ancient Infeodations have been in England as in other States; but, that of later time none are allowable (if derived from 
e Vide in d. Commentatio, ibid.  other ancient original, then from the Statutes of Dissolutions) unless they be anciently derived out of the Church first by discharge, or appear to be but as a Reward given in pernancie, or as Consideration for a Pension or other competent Maintenance yearly payable to the Parson. Which withal well stands with the common opinion of the original of such Infeodations; whereof we have already 
f Cap. 6. §. 4.  spoken. And whereas it hath been resolved, that without these reasons, a Lay man was not here capable, at the common Law, of Tithes by pernancie; it well agrees with a Decretal of 
g Extr. tit. de Arbitris. c. 3. pern. ni● ad nos.  Alexander the third, which forbids one that married a Parson's sister, to enjoy a Tithe given him by the Parson, as for the marriage portion, although the Parson were still living. But also, that we may not defraud you of any testimony of former times, that may seem observable touching these Infeodations, whereof so few examples and so little mention is in the Monuments of England, take this special Disquisition, written in a hand of about Henry the fifth, in the Book of 
h In Bibblioth. Cottoniana.  Osney, which would as well give light to the course of arbitrary Consecrations (before largely opened) as to these Infeodations, if it were of sufficient credit. but you shall first have it compendiously delivered, and then judge of it This title is put to it, Qualitèr Laici ad id privilegium pervenerint quod locis Religiosis illas (Decimas) confer possint. Then says he that writes it; he had heard from a good Civil and Canon Lawyer, that had been present at the Disputation of the point, in a case happening between a Religious house and a Parson, for Tithes in the Parson's Parish, who claimed them iure communi, that the Advocate for the Religious house being put to make a special title against the Parson's common right, told the Court a long story of Eastern holy Wars about pipin's time; and interposed somewhat of Charles Martell; and concluded, that the Pope and the Church every where granted, in reward to the Christian Princes, for their Barons, Knights, and Gentlemen, that spent their bloods, labours, and estates in those Wars, the privilege of arbitrary disposition of the Tithes of their lands; by reason of which Grant, they afterward made not only arbitrary Consecrations of them, but also Infeodations into Lay hands, according as the common opinion among the Canonists is too confidently received at this day. Then he tells us that before remembered, of the Tithes in Bampton, and cities some texts out of the decretals, that touch Infeodations. Next he relates, that among the Princes of the holy War, about Martell and Pipins time, the Duke of Normandy was a special one, whence he had also that privilege touching Tithes, pro se ac suis, as the words are. And lastly (to bring it into England) he thus concludes, Et cum Dux Normanniae Willielmus ad conquisitionem Angliae venisset, quidam Miles eius Robertus d'Oylleye nomine malens suas Decimas Deo commendare quam contra naturalem Ecclesiae consuetudinem ipsis uti, eas Ecclesiae S. Georgij quam in Castria Oxenford construxit contulit, Et posteà ad Monasterium Osney per Diocesanum & Capitulum Lincoln. ac etiam per Aduocatum Canonicè devenerunt. But it all tastes of nothing but ignorance. For what touches Martell and his time generally, enough already is said. And see but what a bold ignorance here was, to tell us, that the Duke of Normandy was one of the greatest (personis Regum exceptis, as his Language is) that went in the holy War in succursum Ecclesiae Romanae, in those times of Pippin and Martell? I would he durst have told us also who had then been Duke of Normandy. Neither that title of Dignity, nor that name of the Country, were, till about CL. years after Martell, at all known. The Territory being then under the French Kings, who long after gave it to the Normans, and erected it into a Dukedom. Indeed the Duke of Normandy had good place in the later holy Wars, about M.XCU but did not that make this Advocate say, that the Duke of Normandy was a special Prince in the other also of Martell's time? Such of the later middle times stand not much upon the mingling of Stories, that differ in themselves even many whole ages. Besides, he tells us of strange Prince's names of the East, that made the War against the Church. Plainly, the most pretended cause of the rest that err herein as much as he doth, is the Saracenical War in Martell's time, and that out of Spain, not from the East. And had it been so under Martell's time, as it is usually affirmed; what had that been to England? But you see his providence for that matter, where he derives it from the Duke of Normandy. But what though there had been some such Duke of Normandy, whose Successor had afterward either conquered or enherited England? had therefore the old supposed privilege of retaining or disposing of Tithes, been thence communicated to his subjects of England? and that to the loss of the Church here, that never could have gotten good by the supposed cause of the privilege? All the Canon and Civil Law that the Advocate had, could never have proved such a consequent. It will still remain most probable, if not clear, that what Infeodations were in England, had their original as well out of the right of arbitrary disposition of Tithes challenged by the laity, without the grant of the Pope or Church, as out of Compositions or Conveyances from the Clergy; according as in other States. For no sufficient Story, no credible Monument, no Passage, or Testimony of worth, can justify that general right of retainer or disposition to have been given by the Clergy, or Pope, upon any cause whatsoever; though the Canonists and others that follow them, cry against it, usque ad ravim. The use of Infeodations, before those later holy Wars, we have already showed. And that no use of them could be about Martell's time, is not less apparent, by what is also before delivered. But beside this blind testimony of the ground of Consecrations or Infeodations; for England especially, you may take that (as it is) also of 
i Tit. de locato & conducto c. licet bona verb. p●rtiones.  Lindwood, who thus speaks touching the Portions which Religious houses had. Hae Portiones (saith he) potuerunt pervenisse ad locum Religiosum de concessione etiam Laici cum solîus Diocesani consensu de Decimis vel proventibus quas Laicus talis ab Ecclesia alia habuit in feudum ab antiquo, according to that in tit. de his quae fiunt à Praelatis sine ass. cap. c. cum Apostolica. And he adds, that this is only true, if those Tithes were infeodated before that Council of Lateran of MC.LXXIX. And then concludes with, Nam ante illud Concilium bene potuerunt Laici Decimas in feudum retinere & eas alteri Ecclesiae vel Monasterio dare. Non tamen post tempus dicti Concilij. For his interpretation of the Council, enough before, towards the ends of the VI and X. Chapters. But doth not Lindwood here suppose ancient Infeodations of Tithes (at least created by Churchmen) in England? Doth he not thence fetch the original of Portions belonging to Religious houses in England? commonly, though he writ as a Canonist, yet he adds the special custom of England if he speak of any Canon Law, which he thinks had not place here. but he excepts not England in this, but implies it. therefore doubtless, he supposed a common use of ancient Infeodations among our Ancestors. but I doubt he had not better ground for it then what he found in others of his profession, that had remembered the frequent use of Infeodations in other States before that Council. and he so applied it equally to his own Country, and with them takes the Infeodations to have had original only from the Grants of Churchmen. therefore I value his testimony here but as of a common Canonist, and not sufficient to satisfy us touching our own Country▪ neither in his age were the particulars of practice of the time before that Lateran Council, or of the time of creation of Infeodations in other places, enough known among Lawyers. I add only one note out of Bracton that may touch Tithes infeodated or turned anciently here into Lay fee, and conclude this matter. He 
k Lib. 5. tract▪ de Exceptionibus cap. 12. fol. 411. b.  speaking of Land demised and recovered by the legatory, tells us some opinion was of his time, that such Land after the recovery iterum incipit esse Laicum feodum & non ante; quod non erit de Decimis, cum semel efficiantur Laicum feodum; nunquam reincipient esse Decimae, & haec vera sunt secundum R. & alios. Did not he here suppose Lay infeudations of Tithes in England? let the Reader judge. By the way, I note, that passage is corrupted in the print. The beginning is Item for Iterum, and that R. & alios (which I think stands for Roger de Thurkelby a great judge of that time) is Biastos. but according to my Ms. Bracton, I have thus altered it. You may consider also if some Infeodations came not out of Lay men's enjoying of whole Churches with their possessions about the Norman Conquest. it is frequent in doomsday, to find that such a Lay man tenet Ecclesiam of such a place, and sold it to such a one. and in the claims of Yorkshire there, the Entry is super Ecclesiam S. Mariae de Moselege habet Rex medietatem eleemosynae festorum S. Mariae quae jacet ad Wackefeld. Omne aliud habet Ilbertus & Presbyter qui Ecclesiae seruit etc. Where Tithes were in that time annexed by continuance of payment or Consecration to Churches, perhaps they might in like manner as these Offerings or whole Churches, come into the Lay hands. but I leave this to the judgement of my Reader. And hereof thus much.   

II.  
Now for Exemptions or discharge from payment; we have anciently had them here, and still retain some of them in the practised Law. and that originally either by Privileges, Prescription, or Grants and Compositions and Unity of possession. The Privileges have been either such as were specially allowed and limited to the Orders of the Templars, Hospitalars, and Cistercians by the General Council of Lateran, held in 17. of King john (of which more particular narration is before made) or by new Bulls for the discharge of this or that Monastery or Order, at the Pope's pleasure. By reason of the first kind of privilege, those three Orders held their Lands discharged of payment so long as they manured them in their own occupation. at least all such Lands as they had purchased before the General Council. and by the second kind sometimes whole Orders were discharged, as for example, that Bull to the 
l Innoc. 3. in Epist. Decret. lib. 1. pag. 20●.  Praemonstratenses in general given by Pope Innocent the third, grants them that of their own culture or other improuments they should pay none. Sometimes special Monasteries; as in that of the same Pope to the 
m Ibid lib 2 pag. 410. Videses Extr. tit. de Decimis c. 3. Ex multiplici.  Abbey of Chertsey. De novalibus verò quae proprijs manibus aut sumptibus colitis, aut de vestrorum animalium nutrimentis, sive de hortis & virgultis, aut piscationibus vestris, nullus à vobis Decimas exigere, vel extorquere praesumat, sed eas eleemosynae aut pauperibus Monasterij vestri juxta quod tu fili Abbas postulasti à nobis, praecepimus assignari. What force by the common Laws of this Kingdom, such a Papal privilege in ancient time alone had, I abstain here to dispute. and although other examples enough might out of originals be brought of the like, yet I touch not any of them neither, lest unawares I might give occasion of some private controversy. But they had their force in the Canon Law here, and being so allowed in allegations against Libels for Tithes, were strengthened also at length (especially those which were of the ancientest) with prescription of time, in so much that from them originally divers Lands of dissolved Monasteries remain to this day discharged of payment. But in 2. Hen. 4. cap. 4. an Act of Parliament is made against those of the Cistercians here, which purchased Bulls of Exemption for their demised Lands. and those of the Order and others putting such Bulls in execution are made thereby subject to the punishment, contained in the Statut of 13. Rich. 2. of Praemunire. Discharges by immemorial prescription of paying no Tithes (of things commonly and of their nature titheable) nor any thing in am of them, are by the later common Law (since their Parochial right established about the time of King john) allowed only 
n Voyez Rep. part. 2. fol. 44. & Fitzh. Nat. Br. fol. 42. ●.  to spiritual persons, but to no Lay man. The laity being since that time held incapable of Tithes both by pernancie (saving in such a special case where continual consideration was given to the Church, as in that Case before of Herne and Pigot) in their own right, as also by discharge upon bare prescription alone, saving only in Cases within the Statutes of Dissolution of 31. Hen. 8. and 1. Ed. 6. and the Statut of 32. Hen. 8. that warrants common Infeodations of them. and so is the practised Law of this day. For, by those Statutes, lay Patentees of lands or Tithes have like privilege of discharge and title as the spiritual persons, whose Corporations were by them dissolved, before the dissolution enjoyed. Of the Hospitalars dissolved in 32. Hen. 8. I purposely abstain to speak. To this of Prescription, may be added that of Unity of Possession. For if any Religious house dissolved in 31. Hen. 8. held the rectory of Dale & Lands in the Parish immemorially paying no Tithes, this Unity discharges also the Patentees at this day, in such sort as the Monasteries were discharged. But by Compositions and Grants every man, as well Lay as Spiritual, by the common Law (before the Statut of 13. of Elizabeth, made against Leases and Grants of Parsons) might be discharged of Tithes; as if the Parson Patron and Ordinary joined in it to the Parishioner either for consideration continuing (as in real 
o Regist. Orig. fol. 38. b. Fitzh. ubi supra.  Composition) or for other arbitrary causes not appearing to posterity as in Grants by all three, or rather in Grants by the Parson, and Confirmations by the Patron & Ordinary. And it is provided by the Statut of 2. Ed. 6. cap. 13. than no person shall be sued or otherwise compelled to yield, give, or pay any manner of Tithes for any Manors, Lands, Tenements, or Hereditaments which by the Laws and Statutes of this Realm, or by any Privilege or Prescription are not chargeable with the payment of any such Tithes, or that be discharged by any Composition real. But although a Lay man may not be discharged of all payment by mere Prescription (unless he begin the Prescription in a Spiritual person) yet for diminishing the Quota in payment only of a less than the Tenth, he may 
p Vide lib. Intrat. non. rit. Prohibition §. 6. & Rep. 2. part. fol 44.  prescribe, that is, De modo decimandi. and to that purpose an immemorial custom of a whole Town or Manor holds place at this day. So was the Law 
q 8. Ed. 4. fol. 14.  anciently also. Beside these discharges, some may here expect that part of our Laws, which with us (as the Philippine in France, and the Carolines in Spain) discharge some things from payment of Tithes, and seem to permit some customs de non Decimando. But for that matter; so much as upon consideration was thought fit to be sparingly said of it, is referred to the passages in the next Chapter, that touches ancient prohibitions de non Decimando. Neither indeed doth that part of our English customs belong to the title of Exemption or Discharge. for Exemption and Discharge are properly singular rights to this or that person or Land, and against the currant of the practised Law. but those things touching which any such prohibitions de non etc. by our Law should be granted, are supposed generally according to the reasons and practice of the Laws of England, of their own nature, not titheable. So that not so much a discharge is found in that course as a prevention of an unlawful charge which the Canons would lay upon that which the Laws of the Kingdom account not at all in its own nature chargeable. But thereof somewhat more anon.    

CAP. XIV.  
I. The jurisdiction of Ecclesiastic causes, in the Saxon times, exercised by the sheriff and the Bishop in the County Court. and among them that of Tithes also was then to have been there determined. The Bishop's Consistory severed from the County Court by William the first.  
II. After the Normans, Original suits for Tithes, were aswell in the Temporal Courts as in the Spiritual. and that continued till Henry the second or about King john.  
III. Of the time since about King john or Henry the second. Of the Indicavit and the Writ of right of advowson of Tithes. What the Law was in an Indicavit before that Statut of Westm. 2. A touch of ancient Prohibitions, De non Decimando.  
IV. Writs of Scire facias for Tithes. Inquests taken upon Commission to inquire of the right of Tithes.  
V. Fines levied of Tithes (in the time of Richard the first, of King john, and Henry the third) upon Writs of right of Aduowson.  
VI Scire facias by the Patentees against the pernor of Tithes granted by the King.  
VII. Command of payment by the King's Writ. And of Tithes in Forests. trial of the right of Tithes incident in some issues.  
AS a corollary to the former parts that directly concern the payment or consecration of Tithes, we thought fit to add here in the Conclusion of the Treatise, the History also (but only the History) of the jurisdiction of Tithes in this Kingdom. It is clear by the practised common Law, both of this day as also of the ancientest times that we have in our year books, that regularly the jurisdiction of spiritual Tithes (that is, of the direct and original question of their right) belongs, I think as in all other States of Christendom, properly to the Ecclesiastical Court. and the later Statutes that have given remedy for Tithes infeodated from the Crown after the Dissolution, leave also the ancient right of jurisdiction of Tithes to the Ecclesiastic Courts. But how the difference of Ages hath herein been amongst us, is little enough known even to them which see more then vulgarly. In declaration thereof, we shall aptly divide the time tripartitly; into that of the Saxons; that from the Normans till about Henry the second; and what intercedes from thence till this day.  

I.  
In the Saxon times a jurisdiction of Ecclesiastic causes (among which you may reckon that of Tithes, although not much sign of it, in exacting payment of them, appears in the monuments of that age) was exercised jointly by the 
a Videses Leg. Et●el●●ni apud Fox in Eccles. Hist lib. 3 ●ag 135. col. 1. Hinc debent Episcopi etc.  Bishop of the Diocese, and by the sheriff or Alderman of the sciregemot, or Hundred, or County Court, where they both sat, the one to give Gods right, the other for ƿuruldes right, that is, the one to judge according to the Laws of the Kingdom, the other to direct according to Divinity. and in the Laws made for Tithes by K. Edgar and K. Knout, you see upon default of payment it is ordained, that the Bishop and the Kings bailiff, or Sheriff, with the bailiff of the Lord of the Land, should see that just restitution should be made. particulars of the exercise of this kind of jurisdiction, I have not seen. But at the Norman Conquest, this kind of holding Ecclesiastic pleas in the Hundred or County Court, was taken away. Remember that as at this day most of the Pleas Ecclesiastic are in the Ordinaries Court within the Diocese, so most suits in the secular or common Law were Viscontiel and held in the County or Hundred Court of the sheriff in those ancienter times, which may best be observed out of one of the books of Ely 
b In Biblioth. Cottonianae.  the most especial monument that is extant, for the holding of Pleas in the Saxon times. That alteration at the Norman Conquest, was by a Law made by the Conqueror, and directed to all Tenants in the Diocese of Remy, that was first Bishop of Lincoln whither his See was then translated from Dorchester. and although it be sent in the direction by name to them only, yet it seems, it grew afterward to be a general Law, no otherwise then the Statut of Circumspectè agatis, that hath special reference only to the Bishop of Norwich. The words of it 
c In Rot. Insp ex. Chart. 2. Rich. 2. prodec. & cap. Lincoln. membran 12. Idem est quod habetur Angl●cē apud Foxum Hist. Eccles. Anglic. lib. 4 pag. 154. col. 2.  as they are recorded, are, Sciatis vos omnes & caeteri mei fideles, qui in Anglia manent, quod Episcopales leges, quae non benè secundum sanctorum Canonum praecepta, usque ad mea tempora in regno Anglorum fuerunt, communi Consilio Archiepiscoporum meorum & caeterorum Episcoporum & Abbatum, & omnium Principum Regni mei emendandas iudicavi. Proptereà mando, & Regiâ autoritate praecipio, ut nullus Episcopus vel Archidiaconus de legibus Episcopalibus amplius in Hundret placita teneant, nec causam quae ad regimen animarum pertinet, ad judicium secularium hominum adducant, sed quicunque secundum Episcopales leges, de quacunque causa, vel culpa interpellatus fuerit, ad locum quem ad hoc Episcopus elegerit & nominaverit, veniat, ibique de causa sua respondeat, & non secundum Hundret, sed secundum Canon's & Episcopales leges rectum Deo, & Episcopo suo faciat. Which I rather transcribe here, because also it seems to give the original of the Bishop's Cosistorie, as it sits with us, divided from the Hundred or Countie-Court, wherewith, in the Saxon time, it was joined. And in the same Law of his, is further added, Hoc etiam defendo ut nullus Laicus homo de legibus quae ad Episcopum pertinent se intromittat etc.   

II.  
Afterward, under the succeeding Princes, till about Henry the second, it seems, that the jurisdiction of Tithes was exercised in both Courts, as well Secular as Spiritual, and that by original suit; not only in the one by the first instance (as regularly the later common Law would have it) and in the other by Prohibition only. I know, little proof will serve most men to justify, that the Spiritual Court had then a jurisdiction of them. but also some testimony I have seen of a particular recovery of Tithes in the Bishop's Court in that age. The Monks of Northampton, under 
d Ch●rta Simonis Comitis North in Thesaur. Cotton.  King Stephen, recovered two parts of the Tithes of the demesnes of Wullaveston against Anselm de Cochis, before Robert Bishop of Lincoln, as Ordinary. In plenaria Synodo coram Roberto Lincolniensi Episcopo disrationaverunt, as the words are in a sealed Charter of Simon the second, Earl of Northampton, then living; wherein he testifies both the recovery, as also Anselme's confirmation of the same two parts, according to the recovery, and adds also of his own volo & praecipio ut illam Eleemosynam habeant & teneant liberam & quietam. And to this you may add the Appeals to Rome from the Audience of the Archbishop of Canterbury and other Ecclesiastic Conisans touching 
e I. Sarisbur. epist. 21.84.92.109. & 133.  Tithes, that are (as the ancientest Precedents of any such Ecclesiastic proceeding in England) remaining among the Epistles of john of Salisbury, a great favourite of Thomas Becket Archbishop of Canterbury in the beginning of Henry the second. In one of them it is observable by the way 
f Idem Epist. 109. , that one Richard, the Tenant of Land lying within the Parish of Lenham, being sued in the Audience by Andrew the Rector for his Tithes, alleges in Court, Sibi a nobili viro Willielmo fratre Regis, Domino suo, esse prohibitum, ne, eo absent, super Decimis de quibus agebatur, causam ingrederetur. Yet the Court ceased not therefore to proceed; but Sentence being ready to be given for the Rector, the Cause was sent to Rome, upon the defendants Appeal. And although the 
g Append▪ add Council Lateran. part. 47. cap. 5.  title were only upon the Grant of him that arbitrarily consecrated, yet was it sometime determined in the Spiritual Court. But also that in this elder age before about the time of Henry the second, the King's secular Courts of justice originally held plea of the right of Tithes, is as plain by infallible proof of ancient Monuments. To begin with the eldest times of this part of our Division; there remains 
h Chart. antiq. EE. 1 in Arce Londin.  yet recorded a Plea held apud Fulcardi montem, under William the second, between the Monks of Salmur and Philip de Braiosa; wherein, the Monks claiming against him and the Abbey of Fischamp (in Normandy) Parochiam quae ad Sanctum Cuthmannum pertinet de Castello de Staninges (these are in England, I think in Sussex) de Bedingas, & de Bedelingtona; by the testimony of Robert Earl of Mellent, a judgement of the Conqueror's time is cited, by which the Abbey of Fischamp had the Parish of S. Cuthmann adjudged to it in the Kings Court. And thereupon (it being denied by none) it was now again adjudged, that the Monks of Salmur should restore whatsoever they had taken post mortem Regis in Decimis & Sepulturis & Offrendis etc. to the Church of Fischamp. And while some delay was in the execution, the King sent his Writ ad justiciarios suos de Anglia, that is, to Ralf Bishop of Chichester, Randoll his Chaplain, Hamon his Sewer, and Vrso de Abetot, whereby he commanded, Vt facerent Ecclesiam S. Trinitatis (that is, of Fischamp) habere totam Parochiam S. Cuthmanni & Decimas & Corpora & omnes Custumas tam de vivis quam de mortuis sicut pertinebant ad praedictam Ecclesiam S. Cuthmanni antequam Willielmus de Braiosa haberet Castellum de Bembra (Bramber Castle, in Sussex, given by William the first to William de Braiosa) & quicquid de supradictis custumis Monachi de Salmur ceperint reddi. The right of Tithes and Offerings appears here plainly to have been determined in the Temporal Court by two judgements, the one under the Conqueror, the other under his son William. And it is found upon record, that about 
i Chart. antiq ib. S. 7. vide supr. cap. 8. §. 17.  10. Hen. 1. a Writ was sent to Manasses Arsic, out of whose Lands, divers Tithes were conveyed into the Monastery of Fischamp, commanding him, Quatenus Decimas a parentibus suis inviolabili iure concessas & datas Fiscamensi Ecclesiae, Monachos suos apud Coges degentes omnes in pa●e & quiet habere faciat; sinon, justitiae Regis facerent. Whereupon he sends his Precept to all his Tenants of such Lands, commanding them to make payment. Si quis autem aliter (saith he) facere praesumpserit Regis irae & nostrae poenam sine dubio patietur. So among the Liberties of Saint john of Beverley 
k Ms. In Biblioth. Cottoniana. , this Writ is found of Henry the first. Henricus Rex Anglorum Osberto Vicecomiti de Eboraco & Geraldo de Bridesala salutem. Praecipio vobis, ut faciatis habere Ecclesiae Sancti johannis de Beverlaco, Decimas suas sicur unquam melius habuit, in tempore Regis Edwardi & patris mei, de illis videlicet terris omnibus de quibus homines Comitatus Eboraci testimonium portabunt quod eas habere debent. Et quicunque detinuerit, sciatis quod ego volo ut rectum faciat Deo & S. johanni & mihi. T. Ran. Cancellario, & Comite de Mellet, apud Londonias, etc. What is this else then a kind of justicies to the Sheriff of Yorkshire, for the right of Tithes determinable by the Country? Doth not homines Comitatus Eboraci denote as much? Of the same time also, in a 
l In Bibl. autoris  Volume of Constitutions & other things belonging to the Church of York: Henricus Rex Anglorum Osberto Vicecomiti de Eboraco salutem. Mando tibi & praecipio ut Archiepiscopum Girardum permittas & facias honorificè tenere Ecclesias meorum propriorum Maneriorum quas S. Petro & eidem dedi cum omnibus Capellis suis, & cum omnibus Decimis suis, & cum omnibus terris suis, videlicet Ecclesiam de Bokelinton, & de Driffeild, & de Killum, & de Pickering, & de Burgo. Waltero & Euremaro Ministris de Driffeild praecipio ut Decimas de hoc praeterito Augusto, quas non reddiderunt, plenariè reddant sicut Ecclesia eas justè habere debet & sicut unquam eas melius habuit tempore patris mei sive meo antequam eas dedissem S. Petro, & videant ne ampliùs inde clamorem audiam. si quis inde iniuriam fecerit Archiepiscopo, tibi, Osberte Vicecomes, praecipio ut plenariam rectitudinem inde facias. Teste Rogero Episcopo Sarisburiense apud Westmonasterium in Natali Domini. And another is there, in these words: Henricus Rex Anglorum Ansch. Vicecomiti & omnibus Praepositis & Ministris suis de Driffeild, & de Pokelinton, & de Killum, & de Pikering, & de Burt, salutem. Volo & praecipio quod faciatis habere Hugoni Decano & Clericis suis benè & plenariè omnes rectas Decimas de Dominijs meis in omnibus rebus per haec praedicta Maneria mea & de omnibus Parochianis, qui ad Ecclesias horum praedictorum Maneriorum meorum pertinent. Similitèr facite ei habere benè & plenariè & Decimas & omnia iura praedictarum Ecclesiarum in terris & capellis. Quia pro salute animae meae & omnium antecessorum meorum beato Petro eas concessi in Eleemosynam. Nolo autem quod pro recti penuriâ quicquam perdant quod justè habere debent. T. apud Eborum. And about 6. Hen. 2. when Turstin Fitz-Simon usurped the Tithes of Mercham, belonging to the Abbey of Abingdon, one of the Monks were sent over to the King into France, Vt per eius justitiam & autoritatem (as my 
m Colici● Abindinensis Ms. Bibl. Cotton.  Author says) rectum suum Ecclesiae suae restitueretur. Quod & ita factum est. Rediens enim frater qui missus fuerat breve à Rege transmissum in haec verba reportavit. Then the writ follows, directed from Tours to the Sheriff of Berkshire. Henricus Rex Angliae & Dux Normanniae & Aquitaniae & Comes Andegaviae, Vicecomiti suo & ministris suis de Berchesira salutem. Si Ecclesia de Abbendona habuit Decimam de Mercham ad luminare Ecclesiae tempore Henrici Regis avi mei & anno & die quo fuit mortuus & viws & post, & inde sit disseisita iniustè & sine judicio, tunc praecipio quod sine dilatione inde eam resaisiatis, Et ita benè & in pace & liberè & justè tenere faciatis sicut meliùs & liberiùs tenuit tempore Henrici Regis avi mei, Et praecipio quod quando Turstinus filius Simonis redierit in Anglia, quod Abbas Abbendoniae plenum rectum habeat de terra quam praedictus Turstinus filius S. tenet de feudo Abbatiae. Et si Abbas poterit disrationare quod non defecerit de recto praedicto T. in Curia sua, Abbas inde ei in Curia sua rectum teneat. T. Magistro johann de Oxenford apud Turonem. The Sheriff, by virtue of this Writ, upon inquiry of the point of it in his Countie-Court, restored the Abbey to the possession of those Tithes. The words of the Book are, Cum verò per lectum esset Regis breve in pleno Comitatu & manifestè compertum totius Comitatus testimonio 
n L. quòd.  quoniam praefata Decima ad luminare Altaris S. Mariae pertineret, & quod eam Turstinus iniustè tenebat, Vicecomes ex part Regis illum dissaisiavit, & eam Altari cui adiacebat restituit. What can be plainer, then that in those times (if these examples have credit, as indeed they cannot justly be impeached) the Temporal Courts held jurisdiction of Tithes in point of right; and not only the Spiritual. and to confirm it, we add also the authority of john of Sarisburie 
o Epist. 159.  that then lived. he in an Epistle to the Bishop of Excester relating some of those Positions of the common Laws; or the Auitae consuetudines (as they called them) which Thomas Archbishop of Canterbury about 12. of Hen. 2. so much withstood, mentions one to be Quod Laici, sive Rex, sive alius, causas de Ecclesijs & Decimis tractent. which well agrees with the authorities before cited. But this was utterly disallowd then by the Pontificial Laws, as, beside the authority of the common Canons, may be seen in an Epistle of Alexander the third, to the 
p App. ad Concil. Lateran. part. 10. cap. 26.  Bishop of Exeter and the Dean of Chichester, wherein it appears, that one William a Clerk of Chichester had appealed to the Pope about Tithes, the suit being twixt him and the Parson of Curket. and the Parson had on the other side appealed Ad audientiam Domini Regis. whereupon says the Pope, Quoniam nemini liceat super rebus spiritualibus ad secularem judicem appellare, they should inquire of the matter, deprive the Parson, and send him to Rome.   

III.  
The frequency of such original suits for Tithes, in the temporal Courts (through the Canons and the power of the Pope increasing, and growing more dreadful to Henry the second, and King john) became about their times to be, it seems, more out of use, and possessed rather by Ecclesiastic jurisdiction. Nevertheless in the sundry ages since, the determination of the right and payment of Tithes hath been subject to the temporal Courts, by divers kinds of original proceeding, which for order's sake may be all comprehended in these Five. I. By Prohibitions touching the modus or Customs of Tithing, or other matter concerning the King's 
q Vide Eliz●. Nat. B●. fol. 40. N.  right, triable only in his own Court, or the like. II. The Writ of Right of Aduowson of Tithes, whereto you must annex the writ of Indicanit, that is but a special prohibition making way for the Writ of Right of advowson. III. By Scire facias IU. By bare process of command of payment. V. By the actions upon the late Statutes of 32. Hen. 8. and 2 Ed. 6. For the first and last of these; because they are now both in common practice, and thence known enough in general to every man, I abstain purposely to speak more of them; saving only that for the first; out of the more ancient ages, I observe somewhat by the way which may belong to the use of the present. In 21. Hen. 3. when all the Clergy of England, in the national Synod held at London, under Otho the Pope's Legate, made subplication to have redress from the King, of some grievances, 
r Annal. Burton. Monast. in Bibl. V. Cl●●h. Allen. Oxon. subanu. 1237.  one was, Quod judices seculares non decidant causas Ecclesiasticas in foro seculari etc. & utrum dandae sint Decimae de Lapicidinis, vel Syluicedijs, vel Herbagijs, vel Pasturis, vel de aliis Decimis non consuetis. which shows that the temporal Courts also in those elder times, determined what was titheable or not, & so made prohibitions De non decimando, according to the Processes in France upon their Philippin, and in Spain upon the Carolin, and according to that note in the 
s Fol. 54. b.  Register and 
t N.B. fol. 5●.  Fitzherbert touching the justices determination of what is titheable. agreeing to this is a Case of 8. Hen. 3. 
u Placit. & Inquisit. 8. Hen. 3. in Arce Londin.  where in a prohibition was granted against a Parson that sued for the Tithes of Rent. But you shall have it as it is in the Record. Warwick. Magister Eustachius de Cestreton attachiatus fuit rd respondendum Hugoni de Lege, quare contra prohibitionem etc. trahit eum in placitum in Curiam Christianitatis de Laico feodo ipsius Hugonis in Cestreton; unde Idem Hugo queritur quod ipse exigit ab eo in Curia Christianitatis de certa pecunia pro Decimis molendinorum, & certum pratum, scilicet tres acras prati, & praetereà de Wareto suo; & de terris incultis si illas locaverit ipse petit Decimum denarium etc. Et Magister Eustachius venit & defendit contra eum & contra sectam suam, quod nunquam traxit eum in placitum de aliqua re certa nisi tantùm de Decimis faeni & molendinorum sicut Decimae inde dari debent, nec aliquam acram prati petit nec denarios de molendinis, nec aliquid de Wareto vel terra nisi tantùm garbas; & ideò praeceptum est eidem Eustachio quod de nullo placito de caetero sequatur in Curia Christianitatis▪ nec de aliquo Laico feodo nec de aliquo quod sit contra Coronam Domini Regis. But, to leave this and to go to the II. and III. and IV. courses of proceeding for Tithes in temporal Courts, which are not so obuiously known; for the II. touching the Writ of Right of Aduowson of Tithes, and the Indicavit. it hath been clear ever since the Statut of Westminster 2. cap. 5. and of Circumspectè agatis, both made in 13. Ed. 1. (this as well as the other long since being received into practice by the name of a Statut, and so called in Acts of Parliament; although it were anciently reputed rather as an Ordinance made 
x 16. Ed 3. tit Jurisdiction 28. & See Cosius Apology part. 1. pag. 57 etc. & Rot. Parlam. 25. Ed. 3. artic. 62.  by the King and Prelates) that if A. Parson of Sale (for examples sake) libel against B. Parson of Dale in the spiritual Court, for so much Tithes and Offerings, possessed by B. as amount to the fourth or a greater part of the value of the Church of Dale, B. may have him prohibited by an Indicavit directed to him and the spiritual judge, after which the Patron of A. hath no other remedy for himself or his Encumbent (what right soever they have) then to bring a Writ of Right in the common Pleas, of the advowson of that fourth part, against the Patron of B. in which Writ, the right of those Tithes must be tried by the common Law. and herewith expressly agrees the Statut of Articuli Cleri. and the reason is because that if the determination of this Plea should be allowed to the spiritual Court, than might the Patron's advowson of such a part be there lost by judgement according to the Canons, whereas the right of Aduowson and Patronage of Churches or Tithes only belongs, by our ancient Laws and at this day, to the secular Court. Neither is the Writ so much of the Tithes as of the advowson of the Tithes; Praecipe A. (so are the words) quod reddat B. advocationem Decimarum tertiae vel quartae partis Ecclesiae de C. etc. And however by the Canon Law the right of Tithes be merely spiritual, and so not due to the Rector so much by reason of his presentation from the Patron, as of the common right challenged by the ministery (whereupon also 
a Constit. Provin. tit. de fore competent. c. Circumspect. verb. quarta part.  Lindwood, like a Canonist, thinks it not prejudicial to the Patron, which way soever the Tithes alone be determined of, in regard that all the Patron's interest is, he says, originally in the foundation, building, or endowing of the Church with Manse, Glebe, or Rent, and hath no relation to the Tithes which by common right are received without his Donation) yet by reason it seems both of our ancient practised Law of Dotation of Churches by arbitrary conveyances of Tithes, at the owner's pleasure, in which doubtless Patrons very frequently 
b Videses Matth. Paris pag 716. lin. 40.  increased the revenues of foundations with the Tithes of their Demesnes; as also of that other ancient use of investiture, wherein the very interest of all the Glebe, Tithes annexed▪ and other revenues, was transferred into the Encumbent by the Patron; it was thought fit that the advowson of the Tithes alone should be equally reputed, for what concerned the Patron, with any other part of the Church's revenue. And the Law hath been clear thus, and so still practised 
c 7. Ed. 3 fol. 42. b 8. Ed. 3. fol 50. a. Regist. Orig foe 29. b 38 Ed 3. fol. 1●. a. 16. Ed. 3. tit. Qua ●e impedit 147. 38 Hen. 6. fol 20 a. Fitzh. N.B. fol 30 c Se●german. fol. 108.  since the Statutes before cited. they permit not the spiritual Court to hold Plea of Tithes of the value of the fourth part, where the Patronage is questionable; but will have the advowson thereof tried always by the common Law after the prohibition of Indicavit, which (being purchased aswell at the suit of the Patron as of the Parson) recites that the Parson defendant in the spiritual Court Tenet 
d 31. Hen. 6. fol. 14. b. & Bract. lib 5. tract de Exceptionibus cap. 4. fol. 403. a. & vide Fitzh. Nat. Br. fol. 45. D.  medietatem or quartam partem omnium Decimarum provenientium de etc. de aduocatione of the Patron etc. And then, Quia manifestum est quod praedictus the Patron iacturam advocationis Decimarum praedictarum incurreret si praedictus Rector in causa illa (that is the Parson plantif) obtineret, vobis prohibemus ne placitum illud teneatis in Curia Christianitatis donec discussum fuerit ad quem illorum pertineat earundem Decimarum advocatio. And then according as the right shall afterward be tried in the Writ of right, the spiritual judge is to give 
e Westm. 2. cap. 5.  sentence. The same Statutes allow, to the spiritual jurisdiction, conisans of the fifth, and of all parts less than a fourth of the value of the Church in tithes controverted twixt two Parsons. and no Indicavit 
f Artic. Cleri. cap. 2.  is grantable to forbid the suit of one of them, commenced for any less part, in respect of the Patrons right only. Neither upon them, by consequence, hath any Writ of right of any part of Tithes that 
g 18. Ed. 2. tit. Brief 825. & Regist. Orig. fol 29. b. Vide Fitzh. Nat. Br. 45. D.  appears not to be a fourth part of the Church's value, been allowable. But, for this point; how the Law was before those Statutes of 13. Ed. 1. is a great question in our year books, and divers are the Opinions touching it. Some 
h Moil 38. Hen. 6.20. a. For●es●. 31. Hen. 6.14. a. ●eingerm. fol. 108. & voye● 38. Ed 3.19 a. 16. Ed. 3. tit. Qua●e impedit 147.  think that before the Statut of West. 2. cap. 5. (out of which, joined with Circumspectè agatis, they limit the Indicavit to the fourth part) no Writ of right of Aduowson of any Tithes lay by the common Law. Others guess that before that time a Prohibition or Indicavit lay upon every suit in the spiritual Court 
i Markham 38. Hen 6. fol 20. a. & Parn. 4 Ed 3. fol. 27. b.  for Tithes, and that the Patron might have had his Writ of 
k Regist Orig. fol. 29. b Fitzh. B. 30. ● Fortesc. 38. Hen. 6. fol. 20. a.  right upon such prohibition against the suit of his Encumbent, either of a fifth or sixth part, and that these Statutes restrained him to the value of the fourth part at least Others have herein other fancies. But, it is plain first, that long before those Statutes, Tithes were demandable, of the owner detaining them, of their own nature, and pleadable, in the Spiritual Court. and that affirmed in Fleta, was regularly before true. Decimae 
l Fleta. lib. 6. cap. 37.  in quantum Decimae (it suits against the Parishioners) debent in foro Ecclesiastico intentari, wherewith Bracton, 
* Lib. 5. de Exceptionibus cap. 4. fol. 403. & cap. 10. fol. 407.  living in the time of Henry the third, also agrees. But it is as plain that before those Statutes, if the Rectors of two Churches of several Auowries, had controverted the right of a fourth part (or of the value of either of their Churches more) in Tithes, by suit commenced in the spiritual Court, the Patron of the Rector-defendant might have had an Indicavit, to prohibit the prosecution and holding of the Plea. Bracton teaches us that; and hath the form of the Writ to the same purpose, and gives his reason, Quia posset Patronus, iacturam suae advocationis incurrere. But somewhat doubtfully he limits the quantity of the Tithes to the sixth part at the least, beyond which denomination the Indicavit, he thinks, lay not for any part. His words are: Si contentio fuerit inter Rectores de aliquibus Decimis quae aestimari possunt usque ad quartam, quintam, vel sextam partem advocationis, ultra quam partem non extenditur prohibitio ut videtur, tunc fiat judicibus (Ecclesiasticis) Prohibitio in hac forma. Rex talibus judicibus salutem. Indicavit mihi etc. But he mentions no Writ of right of Aduowson of Tithes that should follow. He says indeed that upon the Indicavit, by consent only of the Patrons, there may be an inquest taken (the jury being returned into Court by Venire facias or Distringas had by petition of them so consenting) tanquam de Aduocatione, to find Vtrum talis praesentatus à tali Patrono recentèr fuerit in seisina de talibus Decimis tanquam spectantibus ad Ecclesiam suam quam tenet de praesentatione talis Patroni sui, vel si talis alia persona inde fuit in seisina tali tempore ut de Decimis spectantibus ad Ecclesiam suam talem quam tenet de aduocatione talis Patroni sui. But how ever Bracton's own opinion (yet doubtfully) be, that the Indicavit might be brought for the sixth part, and for no less, yet, it seems, the practice of the age was otherwise. and that no determination was in his time, nor before 13. Edw. 1. of any certainty therein; which is expressly delivered in the Grievances comprehended in the national 
m Annal. Burton· in Biblioth. V.C. Thoma Allen. Oxon.  Council of London in 21. Hen. 3. where all the Clergy entreated Otho the Pope's Legate, that he would persuade the King to alter and correct certain proceedings, quae fuerunt in regno Angliae in praeiudicium libertatis Ecclesiasticae; among which, one is, Item ne currat prohibitio (you must understand the Indicavit) Ne judices Ecclesiastici cognoscant de iure Pat●onatus quominus Clerici possunt petere Decimas tanquam de iure Communi ad Ecclesias suas pertinentes. Quia Patroni Ecclesiarum vel Capellarum quae Decimas petitas possident, dicunt per talem petitionem juri Patronatus sui derogari, & nolunt justiciarij Domini Regis judicare quota pars Decimarum peti possit vel debeat coram judice Ecclesiastico. And another, Item ne currat prohibitio Domini Regis, ne Rector Parochialis Ecclesiae impetat eos qui percipiunt Decimas infra limites Parochiae suae. By both which, compared with the ancient Books, it appears, that the King's Prohibition lay commonly, if the advowson of the Tithes were between two persons questioned, and that also (for aught occurs to the contrary, except Bracton's conjecture) if any part of the Tithes or the advowson (which in such a suit were reputed as one) had been controverted. To these testimonies may be added this, in the Epistles of the most learned 
n In Epist. Rob. Li●● Mss. in Biblioth. Cotton.  Robert Grossetest Bishop of Lincoln under Henry the third, whereby the course of Indicavit is proved, and also taxed for injustice against the liberty of the Church. Thus is it spoken of among other grievances of the Clergy. Item in Ecclesiae libertatem non mediocritèr delinquitur, cum judices Ecclesiastici, ne causas quas notum est purè esse Ecclesiasticas in foro discindant Ecclesiastico, à domino Rege prohibentur. Vt per literas Regias inhibetur ne judex Ecclesiasticus iudicialitèr cognoscat utrum Ecclesia vel Capella talis loci sit Capella Matricis Ecclesiae alicuius alterius loci, & utrum Decimae talis terrae ad hanc vel ad illam pertineant Ecclesiam, eò quòd si Actor in huiusmodi causâ evincat possessionem, Ecclesiae Rei contingeret imminui ac per consequens, ut aiunt, ius Patronatus eiusdem Ecclesiae deteriorari, Ecclesiâ ad quam Patronus praesentabat effectâ minus pingui. Accideret namque ratione consimili, omnem causam super possessionem vel quasi possessionem Ecclesiasticam inter duos Rectores duarum Ecclesiarum diversorum Patronatuum emergentem, ne ventilaretur coram judicibus Ecclesiasticis a domino Rege debere prohiberi; eo quod Actore in huiusmodi causa evincente, continget semper Ecclesiam Rei imminui ac per hoc, secundum quod dicunt, Patronatum eiusdem deteriorari. Consequetur autem & sic quod huiusmodi causae Ecclesiasticae nunquam discindentur. A seculari enim judice discindi non poterunt, neque ab Ecclesiastico judice, obstante Regiâ prohibition. Fortè autem nec consequitur quod in huiusmodi casu, evincente actore, imminuetur Patronatus alterius Ecclesiae. Non enim minus est Patronus qui minoris Ecclesiae est Patronus, sed nec minùs est pater qui minoris hominis est pater. Patronatus enim seu ius Patronatus non intenditur vel remittitur ex maioritate vel minoritate rei cuius est Patronatus. Praetereà sed tubera & ea quae contra naturam excrescunt in carne hominis non augent ipsum hominem, & medicinalis abscissio innaturalium huiusmodi excrementorum ipsum hominem non imminuit sed potius pulcrificat & sanat. Ita iniustè possessiones & quasi possessiones Ecclesias ipsas non augent sed deturpant, & earum abscissio per justum judicium non est Ecclesiarum imminutio, sed potius pulcrificatio quaedam & sanatio; unde & Patronatus seu ius Patronatus per huiusmodi abscissionem nullo modo potest imminui vel deteriorari, sed multò ampliùs emendari. I faithfully relate it, and censure not the Arguments. You may do that, Reader, while you smile at the Magis and Minus in it. But also, although the Indicavit prohibited the Spiritual Court, yet it seems the Temporal, before the Statute of Westminster 2. and after the time of Henry the second, or thereabouts, held no Plea of right of advowson of Tithes, except only upon Inquest taken by consent of both Patrons. something, as you see, might be tried in it. May we not conclude then, that the same Statut, in those words, Habeat Patronus Rectoris sic impediti breve ad petendum Aduocationem Decimarum petitarum, was the first Author (at least after the change about the time of Henry the second) of the Writ of Right of advowson of Tithes? Which also is well justified by the pleading of the Abbot of Selby's case, within six years after the Statute, wherein the parties (according to the fashion of argument in pleading of that time) agree, 
o Platit. de Banco Pasch. 19 Ed. 1. rot. 45.  Quod breve de quarta part Decimarum primo locum habere caepit à tempore Statuti Regis nunc apud Westmonasterium inde editi etc. Neither rests any scruple, touching the fourth part, why the Prohibition in the Indicavit and the Writ of Right, should be of the fourth part only, or of a greater, although the Statute of Westminster 2. speak of no certain part. For, that of Circumspectè agatis ordains, That no Prohibition or Indicavit should lie, where the part controverted is less than a fourth (it being before grantable upon such suit for a sixth part, by Bracton's opinion; and it seems indeed, upon suit for any part) and the Statute of Westminster the 2. gives the Writ of Right only where the Indicavit is first sued. And for this matter of Indicavit (which concerns properly suit between Rector and Rector, not between the Rector and the Parishioner) take as a note by the way the advice of the Bishops among themselves in 41. Hen. 3. against the Temporal Courts. In the Annals of Burton it is extant, & thus speaks. Concilium Archiepiscopi & omnium Episcoporum super Articulis propositis apud London. Petit persona Ecclesiastica Decimas coram judice Ecclesiastico. judicanti & petenti porrigitur Regia Prohibitio nomine Patroni Ecclesiae cuius Rector convenitur, ne super Aduocatione seu Patronatu Ecclesiae judex ille cognoscat; si actor prosequatur & judicantis officium 
* f. index.  assumat, uterque attachiatur & attachiati veniunt Consilium tale est, quod si justiciarij causam Decimarum sub colore querelae Aduocationis Ecclesiarum ad se trahere velint & de non prosequendo ulterius causam Decimarum in foro Ecclesiastico & judice sive a part securitatem exigunt, in nullo eis caveatur. Et si propter hoc aristentur, per loci Diocesanum requirantur sive per Episcopum proprium. Et si libere non tradantur Ecclesiae, competenti monitione praemissa excommunicentur judicantes & detentores. Et si queratur a judice quota pars vel quanta petatur, non respondeatur. But this advice of theirs was to little purpose, nor durst they, questionless, have put it in execution. The Statutes of Westminster the 2. and Circumspectè agatis gave them some remedy; whereof enough already.   

IV.  
Of Writs of Scire facias, granted to call men to answer in the Chancery for Tithes, sufficient testimony is in the Statute made for the Clergy in 18. Ed. 3. chap. 7. Item que per la ou briefs (so are the words) de Scire facias eient este grantez a garnir Prelates, Religieuses, & autres Clerks a respondre des Dismes en nostre Chancellarie & a monster s'ils eient riens pur eux ou sachent riens dire pur quoy tielx Dimes a les demandants ne deuient estre restituees & a responder auxibien a nou● come a la party de tielx Dimes etc. By this it appears, that some use was to grant such Writs for Tithes. Whence also Fitzherbert well infers, that the right of Tithes was determinable in the Kings Court. But we have not in our Yeere-Bookes any case of further declaration of that use before the Statute. But out of good ground you may conjecture, that in these Three special cases, Writs of Scire facias were grantable anciently for Tithes, and that in those times, before the Statut; either upon the title of the demandant, first found by Inquest, to the Tithes, or returned by the Sheriff; or out of Fines, it seems, levied of Tithes; or upon Patents of Tithes legally granted by the King, when, against the Grant, any Clergy man by the Canon Law took them from the Patentee. Of all these, there is fair proof enough. But the third (it seems) hath principal reference to that Statute, as shall anon be showed. For the course of taking an Inquest by commission, which being returned, might be sufficient ground for a Scire facias, it appears in Escaet. 8. Ed. 1. number. 67. that a commission was sent to Adam of Eueringham, Steward of the Forest of Shirewood, to inquire by Oath of the Foresters and Verderors, whether the Priors of Lenton had used to have all Tithes of the King's Venison, taken in the County of Nottingham, which they claimed per Cartas quorundam praedecessorum etc. And in the Inquisition returned, it is found, that they had used to have it, and that first by the Grant of 
p Videses Rot. Claus. 21. Hen. 3. membran. 3.  King john. And in the same bundle, num. 72. a Commission is to Nicholas of Stapleton, commanding him to inquire, whether the Prior of Wyrkesep ought to have the Tithes of all profits of the Manor of Gringeley; Nobis super iure Prioris in hac part & facto contrario (that is, the subtraction of them by Henry de Alemannia, against whom the Prior complained) certiorari volentibus etc. Whereupon the Commissioner returns, that the Priory had right by prescription, and that Henry de Alemannia had subtracted them. What could be more proper, then to have a Scire facias upon the Inquisition, according to the intent of that preample of 18. Ed. 3. in which Scire facias, the right might be tried between the parties, and so judgement be given? To these may be added that in Inquis. ad quod damnum 8. Ed. 2. num. 79. Where, per Petitionem 
q Videses Rot. Parl. 8 Ed. 2. rot. 23  in Consilio, the Abbess of Godestow hath a Writ directed Custodi equitij sui de Woodstock etc. which relates that ex part dilectae nobis in Christo Abbatissae de Godestow per petitionem suam coram nobis in Consilio nostro exhibitam, nobis est ostensum quod cum per cartas 
r Vide, si placet, Rot. Claus. 21. Haw. 3. membr. 19  progenitorum nostrorum quorundam Regum Angliae Concessum sit ei, quod ipsam Decimam omnem in Manerio nostro de Wodestoke, & parco nostro ibidem per annum renovantium percipiat & habeat, praetextu cuius. the Abbess and her Predecessors had enjoyed it, and that the bailiff kept from her the Tithe of the Colts, bred in the same Park; wherefore it commands him to restore them if they be so due; which supposes, I think, that he should return an inquest or some discovery of the truth or falsehood of the Plaintiffs pretence, although indeed this example may serve also for that part of our division of this kind of proceeding which touches Patents. But to that Writ is annexed the return, that is, the bailiffs acknowledgement in French of her right. his name is William Beauxamys. So in Escaet. 7. Ed. 3. num. 83. a Commission is sent out to inquire of the right of the Tithes of the Demesnes of the King's Castle of Tikhull, which the Prior of S. Oswald claimed. the inquest was taken of it at Le Faure Okes, in the confines of Yorkshire and Nothingham. and in it the particulars of the right are returned. and what should want, that upon such returns, writs of Scire facias might not have been granted. we omit that before cited out of the Parliament Rolls of 18. Ed. 1. 
s Pat· 9 Hen. 3. part. 2. membr. 3.  And light also to this practice in the temporal Courts of that elder time, may be had from other Commissions or Process in the Rolls; as from that sent by Henry the third into Ireland, to the Archbishop of Cassile, the Bishop of fern, and the Bishop of Lismore, commanding them, that, taking with them jeffrey de Marisco then justice (or Lord deputy) of Ireland, or some other whom he should appoint, they should inquire by the Oaths of both Lay and Clergy men, whether Bartholomew de Camera Parson of the Chapel of Limeric, or William of Caerdiff Treasurer there, had seisin of the Tithes, De Piscaria & Molendinis de Limeric, tempore joannis Regis Patris nostri ante guerram motam inter ipsum & Barones etc. But it may be also that these Inquests or Returns made of the Title to Tithes by the sheriff, were only in case where the Tithes increased out of the King's Demesnes, or perhaps immediate Tenancies. The examples seem not to go further▪ and in 
t In fascic. Pet. 6. Ed. 1. in Arc● Londin.  6. Ed. 1. a Petition was exhibited in Parliament by one Peers a Chaplain of the Earl of Savoy, against the Prior and Covent of Lewes, for a Tithe given him by the Prior and Covent in the Parish of Westun, in the Diocese of Ely, whereof another grant had been afterward made by them to one Richard de Meuton; and Piers beseeches the King to send his writ to the sheriff of Cambridge, to put him in possession; but this answer is endorsed. Rex non intromittit se de hijs quae talitèr spectant ad forum Ecclesiasticum; sed prosequatur Ius suum versus Clericum qui tenet Ecclesiam, coram Ordinario. Here was an express exclusion of the Temporal jurisdiction in such a case, where an original Writ or Commission was commanded to settle or inquire of the right of Tithes, that touched only common persons. But whenever through such means the title appeared upon record, I understand not why a Scire facias might not aswell be issuable (although I have not met with an express example of that kind) as in the last course that is upon the title appearing in Patents of the King or his Ancestors.   

V.  
For that second ground of Writs of Scire facias, which we suppose to be Fines, levied of Tithes; why was it not as likely that upon such Fines levied, Writs of Scire facias should lie as upon any others of Lands or Rents. and that Fines of the right of Tithes were in the King's Courts anciently levied, is manifest: not as I remember upon Writs of Covenant, which yet may (for aught I know) at this day be brought, in the temporal Court, for spiritual 
u 38. Ed. 7. fol. 8. & Regist. Orig. fol. 165.  Tithes, in regard no Tithes but damages are only to be recovered; but chiefly in Writs of Right of Aduowson. For example, In Fin. Trinit. 10. R. johannis Wilt. apud Windlesore coram ipso Rege, Simone de Pateshulle, jacobo de Poterna, Henrico de Audemero justiciarijs & aliis Domini Regis fidelibus tunc ibidem praesentibus. upon a Writ of right of Aduowson brought by Ascelina Abbess of Wilton, against Henry of Abeny for the Patronage of the Chapel of the greater Wicheford, the concord is, that the Abbess grants it to him in Fee, saving a pension of two shillings yearly to the Church of Neweton, being a Prebend of Wilton. Et pro hac recognitione & quieta clamatione & fine & concordia idem Henricus remisit & quietum clamavit de se, & haeredibus suis praedictae Abbatissae & Ecclesiae sanctae Edithae Virgins in Wilton, & eiusdem loci conventui, all his right in certain Lands, & recognovit & concessit omnes Decimas de Dominico suo in maiori Wicheford, esse pertinentes ad praedictam Ecclesiam de Neweton, quae est Praebenda de Wilton sicut eas habere solet, excepta Decima bladi proveniente ex viginti acris terrae quas persona praedictae Capellae elegerit de Dominico ipsius Henrici. quam Decimam persona per Henricum praedictum, vel haeredes suos ad praedictam Capellam de Wicheford praesentata, & admissa per visum personae quae praedictam Praebendam de Niweton habuit, vel per visum ballivi eius debet recipere in autumno, sicut ab antiquo recipere consuevit. The record is worthy of special observation. And in the Leaguer book of the Priory of Merton in Surrey, a Fine is of Pasch. 12. R. joh. before the King and the same justices, between William de Cantelupo Defendant, and Walter Prior of Merton, upon the right of Aduowson of the Church of Eyton, wherein it is agreed that the Chaplain of the demandants in Eyton, shall not take à parochianis eiusdem Ecclesiae nec in Decimis, nec in Oblationibus, nec in Confessionibus etc. but leave them all to the Parish Church of Eyton. and in this, some may, as in the other, note the pretended interest of the Patron, in disposition of any of the Revenues of the Church. which anciently claimed, while investitures continued, was not as yet omitted in these Legal proceedings or instruments, that is, Fines; which are of greatest curiosity. and according hereto is a Fine of 7. Rich. 1. levied between the Prior of Stanes and Alice Hopton, of the advowson of the Church of Cheklegh in Staffordshire, where Alice as Patroness grants to the Priory, among other things, Omnes Decimas villae de Northmankote in perpetuum quae est de eadem Parochia, that is of Cheklegh. and in the 
a In Bibl. Cotton.  chartulary of Gisburn, in a Fine of 23. Hen. 3. between Peter de Bruis plaintiff, and john Prior of Gisburn (in the Province of York) defendant, In droit d'Aduowson, Peter grants ut ius suum omnes Decimas superscriptas quas etc. The like also doth he in a Fine of 26. Hen. 3. there transcribed. and in 30. Hen. 3. also, of which more particular mention is before made.   

VI  
But for Writs of Scire facias brought upon the third ground, that is, in Case where the title appears upon record in Patents made of the Tithes from the King or his Predecessors; take this special example of 17. Ed. 3. A Writ was directed to the sheriff 
b Fascicul. Bren. the 17 Ed. 3. part. 1. & 3. in Arce Londin.  of Essex, relating that Maude, Quondam Regina Angliae, granted to the Dean and Canons of the King's free-Chappell of S. Martin's in London, the Churches of Witteham and Chersinges, Cum Capellis & Decimis etc. and that they were thereof and of the Tithes of Witteham and Cheresinges, seized till 16. Ed. 2. and that since the Abbot of Saint john's of Colchester took from them two parts of the Tithes etc. Et quia nos omnia & singula iura liberae Capellae nostrae supradictae manutenere volumus & tenemur, & ea quae substracta fuerint sive iniustè occupata revocare, tibi praecipimus quod scire facias nunc Abbati quod sit in Cancellaria nostra in quindenam S. johannis Baptistae prox. futurum ubicunque tunc fuerit ad respondendum tam nobis quam praefatis Decano & Capitulo de usurpationibus, occupatione, & detentione dictarum duarum partium decimarum praedictarum & ad ostendendum si quid pro se habeat vel dicere sciat quare dictae duae partes Decimarum earundem eisdem Decano & Capitulo adiudicari non debeant, & ad faciendum & ad recipiendum ulteriùs quod curia nostra consideraverit etc. teste etc. apud Westmonast. 17. Junii anno regni nostri 17. Per Regem & Consilium. This Writ was returned with Scire feci by H. Garnet sheriff of Essex, and by consent of the parties it is referred to Mihelmas Term following In Statu pro nunc. the Writ is both in part 1. and 3. of that year, but to that in part 3. which is of Trinity Term, a Plea of the Abbots is annexed in these words. Et praedictus Abbas per atturnatum suum dicit quod praedicti Decanus & Capitulum per breve suum non supponunt quod Ecclesiae de Witteham & Cheresinges sunt de fundatione dictae liberae Capellae Domini Regis, sed quod illas Ecclesias tenent de dono Matildae quondam Reginae Angliae post fundationem dictae liberae Capellae, & dicit quod tempore doni, praedictae Ecclesiae fuerunt in iurisdictione ordinariâ videlicet Episcopi London. & continuè post donum hucusque fuerunt & ad huc sunt in praesenti in iurisdictione ordinaria. Et dicit quod praedictae Ecclesiae fuerunt visitabiles & visitatae per Episcopos London. in visitationibus suis à tempore à quo memoria non extat. & praedicti Decanus & Capitulum per breve suum petunt decimas quas supponunt esse parcellam earum Ecclesiarum quae sunt in iurisdictione Ordinaria in forma praedicta, & sic Decimae illae sunt merè spiritualia & non placitabilia nisi in curia Christianitatis; per quod non intendit quod Curia ista in hoc casu cognitionem habere debeat. Here it appears, that the Counsel of the Abbot of Colchester Defendant, supposed that the conisans of the Tithes was spiritual only, unless they were originally part of the King's free Chapel. how the Case was determined, appears not. But in the next Parliament following was a Petition exhibited by the Clergy in those words before cited §. IV. complaining of the granting of such Writs of Scire facias, and upon that Petition the King answered, Que tielx breifs desore navant ne soient grants, & que les Proces pendant sur tielx breifs soient anentes & que les parties soient dismisses devant secular judges de tielx manner de Pleas salve a nous nostre droit tiel come nous & nostre ancestors avoient ewe & soloient aver de reason. I think we need not doubt but that this very Case of the Abbot of Colchester was no small cause of that Petition of the Clergy. and you see mention is, in the answer, of some Writs hanging, whereof this is most likely to have been one. But however the Petition was answered, and although out of this Petition and answer that Act of 18. Ed. 3. hath been received among our Statutes, and commonly goes for one, yet might it deserve further consideration than I will here seem to take of it. only I admonish that within four years after, a Scire facias was 
b 22. Assis. pl. 75.  brought by a Patentee of Tithes in the Forest of Inglewood, and that against a Prior being Pernor of them; and by judgement the Writ was allowed without mention or the least regard had of that Act. why that was so, or what force the Act hath, let others examine; I purposely abstain.   

VII.  
But for Process of bare command of payment of Tithes, or the like; when the title was by Patent clearly supposed true, the sheriff or other Officer was sometimes commanded by Writ to take order that the demandant might enjoy his Tithes. As in Claus. 7. Hen. 3. part. 1. membran. 6. the King directs his Writ to Brian de Insula Keeper of the Forest of Shirewood, telling him, that pro salute animae Domini joannis Regis patris nostri concessimus Monachis de Basingwere, quod percipiant hac vice usque ad Festum S. Michaelis Anno regni nostri VII. Decimas de bladis seminatis in defenso nostro inter Blakebroc & Glossop, & ideo vobis mandamus quod ipsos Monachos hac vice sine impedimento permittatis Decimas praedictas percipere. T. etc. And such more sometimes occur. But this, and the most of that age that are of this matter, indeed appear to have been of Tithes in a Forest also, as that of 22. Ed. 3. is in the Book of Assizes (which happened after the Statute of 18. Ed. 3.) and you may remember those before cited out of 6. Ed. 1. and 18. Ed. 1. in Chapter XI. §. III. and the example of 8. Ed. 2. before remembered touching Woodstock Park. So in Rot. Claus. 5. Hen. 3. part. 2. membr.. 14. the Bishop of Salisbury hath his fifty shillings yearly nomine Decimae, out of New-Forest (which 
c Cart. Antiq. CC. in dors. 10. in Arce Lond.  Henry the second had granted to his Church by the name of omnes Decimas de Nova Foresta etc.) and other like out of other, paid him by Writ to the Sheriff; and in Rot. Pat. 11. Hen. 3. membrana 5. part. 1. Eustace Bishop of London hath the Tithe of the King's Venison, taken in the Forest of Essex, (according to King 
d Rot. Chart. 6. R. joh. membr. 12. ch. 107.  john's Grant) by Writ directed to the Foresters and bailiffs of that County. Neither would they (it seems) in that age permit any suit for the Tenths of Venison or Beasts of the Forest in the Spiritual Court, (although those Tenths were most commonly settled in one Church or another by Grant) as may be seen in 
e In Arce Londin.  Mich. 9 & 10. Hen. 3. Rot. 15. where john Fitz-Robert, in an Attachment upon a Prohibition against Philip of Ardern Clerk, in the pleading allows, that for Tithe of Hay and Mills, the prosecution in the Spiritual Court was lawful; but he further says, that de Decima Bestia Forestae eum implacitavit contra prohibitionem etc. And herewith may be considered also the King's 
f Pat. ●6. Hen. 3. membr. 7.  command, sent to the Constable of Windsor Castle, that the Church of Saint john in Windsor should have Decimas Gardini Regis de Windleshores. But out of these all (as out of the examples before brought of Commissions to be returned) it may perhaps be collected, that only the Tithes of the King's lands, or belonging to his Churches, were to be ordered or commanded to be paid by these kind of Processes. I confess I have not seen enough to persuade me otherwise, for the time after about King john or his near predecessors. Yet, that as I leave the judgement of all, which historically I relate to the able Reader, so I may not defraud him of what in any kind may give light; here I offer him also this Writ of 24. Hen. 3. that seems to touch the temporal Courts determination of the right of such Tithes, as, for aught appears, belonged neither to the King's Churches, nor were increasing in his Demesnes or immediate Tenancies. Henricus Dei gratia Rex 
* In Codice Abba●. S. Alba●●. Ms.  Angliae & Vicecomiti Hertford salutem. Licet aliàs tibi signifi● averimus quòd non permitteres Ecclesiam de Hamelamstede spoliari Decimis ad ipsam pertinentibus, & quod Ecclesiam ipsam manuteneres, & defenderes in eo statu in quo ●uit tempore Syluij quondam Rectoris eiusdem Ecclesiae, non tamen fuit intentionis nostrae quòd occasione illius praecepti aliqua alia Ecclesia Decimis suis spoliaretur. Et ide● praecipimus quod occasone illius praecepti nullam violentiam inferas vel inferri permittas Monachis S. Albani super Decimis spectantibus ad Ecclesiam suam de Redburne quas per XX. annos hactenus pacifice possiderunt. T. meipso apud Westm. 1. die Septembris an. r. n. XXIV. And in like form was a Writ sent to the Constable of Berkhamstede. But this kind of Process, and all other such Writs of Scire facias, either upon Commissions returned, Fines, or Patents, or otherwise, (for aught I could yet learn) have long since ceased, by reason especially of that received Act of 18. Ed. 3. Neither since that one case of 22. Ed. 3 as I guess, hath any use been of an original suit for Tithes in the Temporal Courts, saving only upon Prohibitions and the Statutes of 32. Hen. 8. & 2. Ed. 6. I say, original suit. for otherwise, the question of the right of Tithes, incident in an Issue at the King's 
g 38. Assis pl. 20.  suit, hath since been triable in the Temporal Court; and between 
h Vide 50. Ed. 3. fol. 20. & 2●. Ed. 4. fol. 24. a.  common persons also; especially if the right of Tithes, upon the Issue, were but indirectly or inclusively in question. And although it were directly the very Issue, yet also it hath sometimes been tried in an Action of Trespass in the King's Bench, as you may see in Mich. 12. Ed. 2. Rot. 66. between Philip de Say Parson of Hodenet in Shropshire, and Geffrey of Wolsele Parson of Chedleton, for Tithes in Marchumle. But of these things hitherto; and enough.    
The end of the History of Tithes.   

A REVIEW.  
AFter some few Copies, thus half printed and half written, were dispersed, and since the various Censure of unequal Readers, (some of them cavilling at such Passages in it, as the Author at first thought, and not without cause, had been enough cleared) this short Review is now added; wherein, beside some other Confirming and Declaring authorities, by the way also, and opportunely enough, occur some Admonitions briefly offered, that may somewhat direct in the Use of this Historical truth. The printed sheets could not be increased, or altered. neither was it so fit, after many hands had the whole, that Additions inserted, should make any variance from the written part. And plainly, that of the Admonitions, for direction in the Use, of its own nature rather required a several place, than was fit to have been mixed in the body of the History. In the name therefore of Goodness and Learning, I earnestly beseech every one, that hereafter shall get it either Copied or Printed, to join also (if he may) this Review with it.  

Of the I. Chapter.  
IN the I. §. touching that of Abraham's Tithes being of the spoils of War only; I know many think otherwise. And beside the general name of Tithes of all, reasons are drawn for their side out of those words of the Patriarch to the King of Sodom; I will not take of all that is thine so much as a thread etc. I neither profess to dispute it, nor find I any such consequent out of that Text. And the 
a Vide Fran. Iuni●m in Analys. Gen●s cap. 14.  answer to the objection is not difficult. But I add here to those testimonies both of jews and ancient Fathers which I have cited, (for I was willing to make their testimonies my warrant, not to gloss the text with my own interpretation, or with the fancies of petty names) that S. Ambrose and Eucherius Bishop of Lions call those Tithes also 
b Consulas Eucherium Lugd. in Genes. lib. ●. cap. 17. & 18 & D. Ambros in Epist. ad Ebraos, cap. 7.  Decimas praedae & victoriae. And in one passage, Eucherius having a plain regard to the words of the Epistle to the Ebrews, which in the vulgar are expressed by Decimas de praecipuis (for the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉) says de praecipuis praedis Abraham Patriarcha Decimas legitur obtul●sse, directing himself still in the conceit of the word All in Genesis, according to that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the holy Epistle, which both in Translations enough, and in the Greek 
c Ad cuius interpretationem etiam consul, si placet, Eustathium ad Odyss. T.  Proverb before remembered, denotes spoils of War. Yet also the same Father soon after calls them Decimas omnis substantiae suae generally; but plainly showing in his former words, that he took omnis substantiae here for nothing but victoriae praedam. Which, it seems, Philo the jew also understands, where in his Anagogical course of contemplation he says that Abraham being the tenth degree from Sem; 
d In lib. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, consecrated Tenths to the Almighty, as a thanks▪ giving for his victory. And Prim●sius, and old African Bishop, interprets the praecipuis in the Latin text by de melioribus spolijs. But some have cavilled at my relating, according to S. Hierome, that were it not for the holy authority of the Epistle to the Ebrews, it might stand indifferent whether Abraham gave Tithes of the spoils to Melchisedek as to a Priest, or Melchisedek the Tenth of his estate to Abraham, as a portion to one of his posterity. If there be a fault in that assertion (I confess I find none) let them be so bold then as to tax those learned Fathers for it, S. Hierome and 
e Lib. 2. in Genes. cap. 25. & 27.  Eucherius, beside Freculphus 
f Tom. 1. hist. lib. 1. cap. 42.  Bishop of Lisieux▪ and other ancient Writers, that in the same syllables affirm it with S. Hierome, from whom indeed Eucherius transcribed the best part of his more notable passages. Somewhat may be here fitly remembered concerning two Adjuncts that belong to this Story of Abraham's Tithing, that is, who Melchisedek was; and where the place of his Kingdom, or Salem, was. For the first, such of the Fathers 
g Hieronym. tom. 4. in Epist. ad Enagr. & Eucher. loco citato etc.  as out of the Hebrew text had the true notes of supputation of time, take him to be Sem, according as the opinion also was generally received among the old 
h Epiphantus in hares. 55.  Samaritan Ebrews, and divers jews 
i Author 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Midras hagadah apud R●b. jarchi in Genes. 14. & alij ibid. item Midras in Psalm. 76. apud Galatin. de Arc●●is lib. 3. c. 9 quem & vide lib. 10. cap. 6.  also especially of later ages: however some jews have been long since of another opinion, in their idle and rash fancies supposing him to be a bastard, which they took to be the cause why his descent is not spoken of with his name: others of them, with the Hiera●its, making him 
k D. Ambr lib. 3. de fide cap 5. Hieronym. & Epiphan. ubi supr. & haeres. 67.  more than a man. But also both the Hierosolymitan Targum, and that other called Ben-Vziels, expressly tell us, he was Sem the son of Noah; which some of late time also have in Works purposely written to that end, laboured to make manifest. And doubtless, at the time of the victory, Sem was the chiefest of the family there, and either a Firstborn also, or else had in him the right of a first borne, or Priesthood, by translation from his elder brother; which I add, because the 
l Eam esse Rabbinorum sententiam notat D. Kimch● in rad. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ita & jarchi ad Genes 10.21.  Rabbins and divers other of the learned will have it, that japhet was the elder brother. But how stands that so well with Melchisedeks being Sem, if according to that old tradition, both among Rabbins and Christians, the Priesthood were an incident to the first-born male? Unless the right of Primogeniture were transferred from japhet to Sem in Noah's 
m Genes. cap. 9 comm. 26. & 27.  blessing, as it was to jacob from Esau, and from C●in, it seems, to 
n Vide Philonem 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  Abel, which must be thought on also in the taking their side, who suppose Abraham not to be the eldest of Terah's sons. For regularly the Ancients give the Priesthood before the Law to the first-born. And whereas Moses is said to have 
o Exod. cap. 24. comm. 5. & vide Numer. cap. 3. comm. 12.  sent young men that offered burnt offerings, the Chalde Paraphrases have for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 eth-nairi, i young men, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 iath-bocri, i. of the first-born; these S. chrysostom 
p In Gen 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. videses Eucherium in Genes lib. 2. c. 25. & 27.  elegantly styles 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, Priests of themselves, or made without other ordination or Suffrages: to which Office also (thus had either by birth, or blessing, that equalled the birth) a kind of 
q Jsid. Pelusio●a lib. 2. epist. 47.  Imperial and Patriarchique dignity was annexed. That precedence of birth given to japhet, is of no late invention; but many hundred years ancienter than the Talmud, or any work extant of any Rabbin. For the Septuagint expressly 
r Genes. 10.21.  affirm it, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, and sons were borne to Sem, being father of all the sons of Eber, and brother of japhet, being the elder. which in the Hebrew is not so plain on either side▪ for, the words being 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 achi japhet hagadol, by reason of the want of termination● of cases, may be alone as well turned elder brother of japhet, as brother of japhet being the elder, which in the last English translation is brought nearest to the Original, thus: Unto Shem etc. the brother of japhet the elder, even to him were children borne. And beside such interpretation of the context, the Chronological part of the holy Story affords much to prove, that Sem was not the first-born in time. For Noah was 
s Genes. 5.32.  D. years old, and got Sem, Ham, and japhet. Sem 
t Ibid. 11.10.  two years after the Flood, being C. years old, got Arphaxad, that is, (as is most probable, if not plain) in the DC.II year of 
u Vide ibid. c. 7.6.  Noah, seems age was only C. years. Then at Sems' birth, Noah was D.II year old. Who ever therefore was borne when he was but D. years of age, must be C.II years old, when Sem had seen only one C. years. If any of them were borne in Noah's D. year (as the Text seems to teach) it must then be one of the other two, and not Sem. This argument, used by the jews and others, which follow them here, joined with what is in the Septuagint for japhet, makes so much against Sem's being the first born, that however the great joseph Scaliger be 
x In Elench. Orat. Chronolog. Dan. Para● pag. 35.  most confident, that he was first in birth, as his name is expressed in enumeration, and gives his answers to the Chronologie objected against it; yet you may with more probability take the more common and ancient opinion, that makes japhet the elder. Some will have Ham. But I leave that matter; supposing clearly that Sem being Melchisedek (for, that one man should be denoted by several names, is no novelty in Scripture) was either the first born or had the right of it transferred into him by special blessing, and so was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as Philo 
y In lib. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  calls him, that is, the great high-Priest of the greatest God. For the place of his Kingdom, Salem; it is taken by 
z Epist. ad ●uagr. tom. 4.  S. Hierom (as he learned from some jews) and from him by 
a In Epist. ad Ebr. cap. 7.2.  S. Ambrose, Eucherius, Primasius, and others that this Salem is that which seated on this side of jordan, is some LXXX. miles' distant from the plain of Mamre where Abraham lived, and retains its name in the Story 
b johan. cap. 3.23.  of john's Baptism. and they say that the relics of Melchisedek's Palace were there to be then seen. But the more common opinion of Christians in S. hierom's time, was as now also of greatest Divines, that Salem here and jerusalem were the same. Salem nostri omnes, saith he and others of that age that follow him, arbitrantur esse jerusalem. but himself was not of that mind, having as he saith, learned the contrary. But also, with those old Christians, josephus and some later 
c Vide Midras Tehillim, apud Gaelatin. de Arcanis lib. 3. cap. 9  jews expressly agree. and a good character of the truth of their opinion is in the holy Text. For, there the King's Dale, whence the King of Sodom came out to meet Abraham in his return is 
d Genes. 14.17.  remembered, as if it were close by where Melchisedek was. Now it is thought certainly that the place of Absalon's Pillar, that is, the King's Dale spoken of in 
e 2. Sam. 18.18.  Samuel, is no other than a Valley, which being hard by jerusalem, is known to our age from Absalon's name, where yet, they 
f Bredenbach. in Peregr. 14. julij.  say, he hath a monument, and such as pass by, use to cast stones at it in detestation of his disobedience. and also the very place where Melchisedek gave Abraham the Bread and Wine, is, they say, yet known on Mount 
g Villamont des Voyagez liu 2. Chap. 13. & 19  Caluarie. But hitherto brifly of these two adjuncts of Abraham's Tithing. neither supposed I but that many which think of it for argument either way, would desire some satisfaction in them.   

Of the II. Chapter.  
hitherto could I never see any Christian that hath fully taught what was considerable in the general payment of Tithes among the jews. The Noble and most learned jos. Scaliger, did not every way enough accurately teach it, although in a single Treatise he purposely undertook it. How sufficiently among us, others do that slothfully and ignorantly (without his help) while yet their end is to write of Tithes, talk of a third Tithe here, and a fourth Tithe, and indeed they know not what Tithe, let him judge that shall hence know their error. This last spring Martin the Title page of Drusius his Observations upon josuah, and some other parts of the old Testament, a new discourse, De Decimis Mosaciis, written by Sixtinus ab Amama Professor of Hebrew in Franeker, was promised; but I could never yet see any such thing joined with that of Drusius or otherwise published. What we have of them is as the great Doctors of the jews have delivered in the Talmud, and their later Comments; which are testimonies beyond exception, for the practice or historical part. For that in §. 6. of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, out of Epiphanius; I rather think indeed that it denotes only a paying of Tithe, not a Tithing of what was already tithed. It is well known that the language of the Greek Fathers, especially of about his time, is frequently mixed with phrases of the Septuagint. now they 
h Genes. 28. ult. Deut. 26.12.  have 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, for nothing but to pay a Tithe, which agrees somewhat with the Hebrew fashion of expression. and as they, so Epiphanius without doubt understood it. however some of great Names are of another mind. But to what is there touched for the forwardness of payment of first Fruits among them, I here add out of 
i Lib. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  Philo (who lived under the time of the second Temple, and spoke of his own knowledge) that they were paid in such abundance, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, that even from the abundance only of first Fruits, heave Offerings, or Therumahs, which were paid by the owner immediately to the Priests, there was not a Priest in the XXIV. courses of them (so the Priests or Posterity of Eleazar & Ithamar were divided 
k 1. Paralip. 24.4.  by King David) but might be accounted a very rich or largely furnished man. and he tells us further that the jews were so ready in paying them, that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, They prevented the Officers demanding them, paid them before they were due by Law, and as if they had rather taken a benefit then given any, both sexes of their own most forward readiness in every first fruit season brought them in with such courtesy and thanksgiving as is beyond all expression. All which is spoken only of first Fruits and Therumahs, not of Tithes, as it is falsely in the Latin translation; where 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 alone is ignorantly understood for Tithes paid by the laity to the Priests; the truth being that the laity paid only first Fruits, not Tithes, immediately to the Priests, but only to the levites, that is, those which were, as Philo says, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, in the second rank, and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, or as Wardens, Ushers, Singers, and other such Ministers. And the levites paid the Tithe of their Tithe to their Priests, who so through the levites received Tithes out of the possessions of the laity, as also the holy Author to the Ebrews is interpreted, where he says, That those of the sons of Levi that had received the Priesthood, had a commandment to take Tithes of the people according to the Law. For the posterity of Aaron that had the Priesthood, received none from the people, but immediately and through the levites. In the same holy Epistle their continuance of payment of Tithes (which as long as their Priesthood de facto, and the politic form of government, instituted by the Almighty, continued, was even ex conscientia to be performed, as some 
l Videses Suarez de L●gibus lib. 9 cap. 19 § 16.  teach) is also manifested after Philo's time. The jews are told in it, that here men that die receive Tithes, but there he of whom it is witnessed that he liveth. That here, being plainly referred to the use of the jews (to whom the Epistle was sent) under the second Temple. So Primasius an old African Father interprets it. Hic inquit, saith he, hoc est in praesenti seculo, vel in Templo quod adhuc stabat, Morientes homines, filii videlicet levi qui mortales ac moribundi sunt, Decimas accipiunt. But about this time also it appears in Story that Tithes were still paid by the levites to the Priests, which supposes the people's payment to the levites. Remember that of Fl. josephus 
m Archaelog. lib. 20. cap. 6.  where he tells, that when Foelix was Lieutenant of judea, such a tumult and sedition happened twixt the high Priests (〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉) and the rest of the Priests, and the chiefest of the laity▪ that the high Priests to satisfy their malice upon the rest of the Priests, violently took away the Tithes that were kept in Granges and Barns for their maintenance, and in so much wronged them that some of the poorest of them even died for want. This was about the beginning of Nero; and 
n Eccles. Hist. lib. 2 cap. 20.  Euschius and 
o Lib. 2. Eccles. cap. 26.  Nicephorus relating it from josephus, refer it to him. although Ruffinus in his translation of Eusebius rather place it under Claudius. but under both, Foelix was Lieutenant. By the way you may note that in Nero's time, divers of the Priests were grown much poorer than they had been lately before; if Philo be to be credited, who lived also but little before Nero's Empire. It was very hard with some of them (it seems) that the taking away their Tithes only should starve them. Those high Priests here spoken of, are such as were the chiefest of the XXIV. Orders. for 
p 1. Paralip. 24 4.5  so also were the Priests divided. There was never but one high Priest properly, and that according to the first institution. but others that had a supremacy among those orders, were also called so, as both here, and in 
q Vide D. Matth. 20.57. & 59  holy Writ. and they were, to the high Priest, as the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 
r Videses Scalig. in Prologom. ad Chronic. Eusebij.  in the Eastern Patriarchates which are as Suffragans to exercise the Patriarches office in his absence, or as the Bishop-Cardinals in Rome. and the first and chiefest of these high Priests in the plural number, was as a designed successor to him that properly bore that name, and was his Prime Vicar, chief Suffragan, or the second Priest, as 
s 2. Reg. c. 25.18.  Zephaniah was to Seraiah, and as Annas to Caiphas. For so the most learned understand that of them two, being high Priests together in the Gospel. but this by the way. yet who knows it not, may soon stumble at the Story; and, if not admonished, trouble himself with as good a disquisition about it, as that Abbot 
t Paschas. Ratb●rt. Abbas C●rbie●s. in Matth. lib. 10. pag. 591.  Paschasius long since fallen into about what follows out of Saint Matthew, in the 7. §. where the strict payment of Tithes used among the Scribes and Pharisees is spoken of. He being too ignorant of the particulars of the jewish state, doubted much how the Scribes and Pharisees should so pay their Tithes, cum ipsi (as his words are) Sacerdotes erant & Leuitae qui magis accipiebant Decimas à populo quam darent. But I wonder what made him so much as dream so. indeed he answers himself also. But plainly the Scribes and Pharisees, as known by that name only, had no more reference to the Tribe of Levi then to any other of the Twelve. Children in the holy Text or the jewish story, know it.  
That general rule of their Lawyers in the same §. taken out of Rabbi Ben-Maimon, is first in their 
u Seder Zeraim Massee. Maighsh● Perek. 1. §. 1.  Talmud, where also the Gemara, that is, the following opinions of their Doctors, hath many special cases of this or that fruit or increase of the earth; but often little to the purpose. one thing their Misnah or Text adds further to that rule; that is, whatsoever fruit or herb is fit to be eaten, both while it is young or new, as also when it is a full growth, must pay Tithes aswell when it is young, as at full growth. but if while it be young it be not fit to be eaten, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is, it is not subject to tithe until it be come fit to be eaten. That in §. 8. of them that take the profits of Land among the Samaritans, or in Aram, that is, Syria, must be understood of a jew dwelling among them, and tilling the Land there. For regularly if the fruits of Lands in Syria were taken by a jew, residing still in his own Country, he was to pay 
x Talmud. d●ct. Seder. Mass. Demas Perec. 6. & Mass●●. Maighsh. Perek. 5. § 5.  Tithe of them.  
Touching their Tithing after the second Temple destroyed; although for want of a Temple and a Priesthood at this day, they Tithe not legally, yet among their Aphorisms both divine and moral, they 
y Pirki. Aboth. cap. 3. & notae adiectae.  tell us, that as the Masoreth is the defence of the Law, so 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 maighsheroth seag laighsher, that is, Tithes paid are the defence of riches. Whereupon one notes, that at this day qui religiosiores sunt inter judaeos, loco Decimarum, eleemosynam pendunt de omnibus Lucris; decem aureos de centum, centum de mill etc. But however the devouter of them may give such alms, it is plain that their Legal Tithing hath now no place among them for want of a sufficient Priesthood and Temple or Tabernacle. yet without doubt, most of them have long since expected a 
z Videses Galatin. de Arcanis▪ lib. 5. cap 9  third Temple. otherwise why were they so careful to have their Laws and special cases of first Fruits and Tithing, so copiously delivered in five whole Massecheths of their Talmud, or body of their Civil and Canon Law, which was, many years after the destruction of the second Temple, made for the direction of the dispersed of their Nation?  
Now, me thinks, he that argues for Tithes from the mosaical Laws of Tithing had need more specially, than any I have yet seen hath near done, examine which of the two kinds are due in the evangelical Priesthood. Why not the second aswell as the first? and further consider also how the payment of Tithes from the laity to the Priests of the Gospel, succeeds to the payment from the levites to the sons of Aaron. But these considerations can only be, where the knowledge of fact precedes, for without exact Distinction of their several Tithes, any argument drawn from them, may soon be found a gross fallacy, that may both deceive him which makes it and those whom he teaches. Let the ingenuous Reader think of it.  
But one thing more here by the way. So much either ignorance or neglect in the disquisition of what belongs to the Tithes of the jews, hath possessed some great names, that, touching the proportion of the Tithes and the Receivers, they have rested fairly satisfied in this; that the levites being one of the twelve Tribes, had the Tenths as a competent maintenance to themselves, being near the Tenth, that is, being the twelfth part of the people; as if Arithmetically the People and the Revenues had been so divided. But others have long since easily showed the slightness and falsehood also of this fancy. And clearly, had such a ne●r proportion of persons and the name of Tenth held; yet examine all that was paid to the Priests and levites in first Fruits and the several predial Tenths only, and it will be near a fifth. and we here omit also the Cities and Suburbs assigned to them, and their other many profits out of Sacrifices, ransoms of Firstborn, and the like. But for that proportion of number twixt the Tithes, we have sufficient testimony in holy 
* Numer. cap. 1 & 3.  Writ, that it was far otherwise The able men for arms of the eleven Tribes were numbered to 603550. and these all of XX. years old at least. the Males of the levites from a month old were severally found to be but 22273. for so are the particulars of the Families of Gershon, K●ath, and Merari. Here then the levites reckoned, with advantage of all their Male children of above a month old, make not a 1/27. of the rest of the Tribes. had the rest been accounted also with all their Males of like age, it is probable enough that the Male levites would not have equalled a fiftieth or sixtieth part. as in the one sex of them, the conjecture may also be in the other. and afterwards likewise 
* Vide 1. Sam. 24. 9●. Paralipom. 23.3. & 27.  in David's numbering, we see the levites of 30. year old were less than 1/32. part of the rest of Israel and juda, that were able to bear Arms. Where then is any thing towards proportion twixt the number of the Priests and levites, and the denomination of the Tithe? Neither is it to any purpose or consequent to look after any such thing. I rest in this; that it pleased the Almighty so to enrich that Tribe, which was reserved only for the holy Service in the Temple. Why he did so, or with what proportion, let them, for me, examine, who dare put their profane fancies to play with his holy Text, and so most impudently and wickedly offer to square the one by the other.   

Of the III. Chapter.  
IN it, largely out of original authors of Greece and Rome, is showed the use of Tithing among the Gentiles. far more largely then by any that hath yet touched it. The truth also, wherein too many are either obstinately or ignorantly blind, touching that of their supposed general payment, collected out of a corrupted place in Festus, or rather in Paulus Diaconus, is declared and brought to its own limits. neither will any judicious Reader doubt of the corruption of Festus in that place. whosoever knows but the fashion of his writing (which must be observed in that of his own, after the XI. book, partly yet remaining in his very words) cannot at all think that Decima quaeque veteres Dijs suis offerebant, should be delivered by him. he is in all other things more curious. he would not have talked of Dijs generally or quaeque. But it was no such wonder that Paulus Diaconus, who ignorantly abridged him under Charles the Great, should say so; being, as the learned acknowledge him, no small enemy to posterity, in so cutting and maiming him. he was (says 
* In Epist. nuncupat. ad I. Monlucium.  the noble Scaliger) Homo meo judicio confidentissimus ac, uti res ipsa decet, ineptissimus. Had he dealt with Festus, as Festus did before with Verrius Flaccus, it had been tolerable. though by Festus perhaps we have lost much of Flaccus, yet he appears judicious enough and careful in what he delivers from him. But this Paul (being, I confess, otherwise a man of great reading and knowledge for the time he lived in) hath not only here by conjecture, but in other places most plainly so expressed things of this nature, that is, touching the Theology or Rites of the Gentiles, that, had we not found some pieces of Festus himself, posterity might have been perpetually blinded by him. No man will deny it that observes but his words, Malevoli, Nixi Dij, Praeclamitatores, Navia, and divers other which, compared with what is left of Festus whence he had them, appear to be either mistaken or falsely delivered. But for the Gentiles; it is true, they were very devout in giving of their yearly increase to the honour of their Deities, according as the Attic Law received, as is thought, from Triptolemus, and seconded by 
a Hermippus apud Porphyrium 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. lib. 4.  Dra●o, commanded▪ that is, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, To honour the Gods with their fruits. witness enough of the Grecians is found in their Thalysia that was the feast immediately after Harvest, wherein they spent 
b T●e●●ritus Idy ●. 5. & ibid. Schol●astes.  much of their fruits in honour of Ceres; in their Haloa about the same time which was 
c Eustath. ad Iliad. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  the like devotion to her and to Bacchus, and in their several Dionysia. all which spent no small part of their yearly fruits of Wine and Corn; that we may omit their other feasts of less note that are to this purpose. And among the Romans, was a like forwardness to consecrat part of their Corn and Wine to the Gods; as we see in their Sacrima 
d Festus in his●● voc. ad quem vide jos. Scalig. & in Conject. ad Varro●● de L.L. lib. 5.  that is the first of their Must, spent in the honour of Bacchus, their Calpar or the first and best of their Wine, as it was when they first began to draw it, sacred to jupiter Dapalis, their Praemessum or Praemetium before Harvest, their Florifestum after Harvest, both bestowed in honour of Ceres, and the like more to her and to jupiter, janus, and Bacchus; that we may omit their Robigalia, Solitaurilia, and the rest of such kind. But all these plainly were at the liberty of the Owners. and so was it expressly denoted in the ritual words of sacrificing of their new Wines as 
e Cato de re Rustica cap. 132.  Macte, or Mactus jupiter hoc vino inferio esto, as if they had said, Be honoured jupiter with this Wine, which is as much as I can spare thee. for so much is in substance denoted by inferio, that is, Vino quod insertur. and therefore was that word 
f Tr●batius abud Arn●hium a●uersus Gentes lib. 7.  added because all the rest might be free from Religion after this were so severally sacrificed. For until the Sacrifice, all the Wine remained so sacred that it might not lawfully be meddled with for common use. But the owner might ●y such arbitrary giving his Inferium, discharge it of being any more sacred. and thereupon says Arnobius, jesting at their Ceremonies, Mactus hoc vino inserio esto quid est aliud quam dicere, tantum esto mactus quantum volo; tantum amplificatus quantum jubeo; tantum honoris assumito quantum te habere decerno, & verborum circumscriptione definio. O Deorum sublimitas praepotens etc. quae per unius formidinem verbi ab immodicis vini cupiditatibus arcetur! Among all these feasts not any mention is of a Tenth or any certain part. But the Tenth came sometimes only at the will of him that had good fortune or post rem benè gestam, as 
g Ad Aene●d. 8. commate 30.  Servius his words are. So Hersennius who had been a Piper all his youth, and doubting the success of that Trade, fell thence to be a Merchant, and then re benè gestâ Decimam Herculi dicavit. That consecrating use to Hercules was most usually made with solemnity at that Ara Maxima, near the Forum Boarium or the Ox-market, upon which, some 
h Halicarnass. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. ●.  say, but fabulously enough (as the rest of these particulars are delivered) that Hercules himself first spent the Tenth of what he took from Cacus, in a jolly Feast, with evander and the rest that honoured him for it. and upon that Altar, says Halycarnasseus, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, Tithes are there frequently offered by vow. But the payment of that vow was commonly in feasts made in honour of him; and those feasts were, it seems, in ancienter time, until the Vow was performed, celebrated within every ten days by such as were so religious to him. and in that division of time, for the more convenience of entertainment, his Tithe was merrily spent; and the guests always sent home crowned with bay in honour of him. So I understand that of Varro 
i Apud Macrobium Saturnal. lib. 3. cap. 11.  when he tells us, Maiores solitos Decimam Herculi vovere, nec decem dies intermittere quin pollucerent ac populum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cum corona laurea dimitterent cubitum. and of this kind of Feasts were those Dinners of Orestes, spoken of in 
k De O●ficiis lib. 2.  Cicero. Oresti nuper prandia in semitis Decumae nomine magno honori fuerunt. It seems their vow both of Gain and of Spoils of War, was made to him chiefly as he was their God of War or of Defence. For it is clear not only in the old Roman Divinity or Mythology, that Hercules specially was accounted Mars (as is plain by their Monuments, which show that the institution of Sacra Saliaria were indifferent to Hercules or Mars, and made to one Deity under those two names) but also by the old Astronomy wherein the Planet Mars was likewise called 
l Plin. Hist. lib. 2. cap. 8.  Hercules, and that not only by the Chaldaeans (as Macrobius too rashly affirms) but also by the Egyptians, from whom the knowledge of the Heavens came into Europe. For howsoever it be noted out of an old glossary at the end of that most learned work of the noble Scaliger upon Manilius, that Mars was called among the Egyptians 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 suppose the Northern Egyptians about Alexandria, where they spoke Greek before the Roman Empire and afterward) and although 
m Vettius Valon▪ Antioch lib. 6. Antholog. Ms. Sed verba eius reperuntur in Syntagma. 1. De Dits Syrit cap. 6.  some other old testimony, say they, styled him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 (not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉) yet Achilles Statius that was 
n In Arati Phanomena.  an Egyptian says expressly, that Pyróis is the Greek name of Mars, and that in Egypt he was called the star of Hercules. So the Author of that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, attributed to Aristotle; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, Pyróis being called both Hercules and Mars; which Apulleius, because Hercules was not so common a name for it, thus turns, Quem multi Herculis, plures Martis stellam vocant. and his common titles in old Inscriptions justify the same. Inuicto, Victori, Defensori, Pollenti, and such more are frequently his additions, being proper to Mars. and under some such Title was he worshipped almost in every City of 
o Halicarnass. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  Italy. and I would Varro had rather here sought the cause of his title of Victor then in that ridiculous reason which he brings, 
p Apud Seruium ad Aen●id 8. comm. 30.  Quòd omne genus animalium deciès vicerit. had he said that therefore also the Tithe was given him because of Decies, he had spoken as probably and as wisely. Indeed it is a wonder to see a man of that abstruse learning and great abilities, that Togatorum Doctissimus, to be so childish as he often is, in unhappily troubling himself about derivations. But of Hercules, enough. Beside that of the maritime Pelasgi, in §. 1. the other of them that seated themselves further into the Land in Vmbria, being oppressed with a sterile year, vowed the Tenth, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 
q Myrfilus L●●bius apud Halicarnass. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. citatur Historia etiam apud Eusebium in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is, The Tithe of all that should increase to them, to jupiter, Apollo, and the Cabiri. and this they paid also. but they were admonished by Apollo's Oracle, that their vow was not performed until they had sacrificed also the Tithe of their children. which was done also. But now see (when you truly know the ancient Tithing among the Gentiles) how well they conclude here that draw arguments from the general Law of Nature or Nations, as if by that Law any such use of payment of Tithes had been established among them, as was continual or compulsory.   

Of the IV. Chapter.  
THat which succeeds is only of Christian Practice, Laws, and Opinion. Which, any man that sees but the course of our division, may easily know; though he were as perverse as he was that to confute me in assertion here of no proof of payment of Tithes, till towards the end of the first CCCC. years, confidently brought that Text of the holy Author to the Ebrews, 
r Ad Ebraeos cap. 7.8.  Here men that die, receive Tithes: and was ready to sing decidit in casses etc. as if that had proved a payment in the Apostles time. indeed it proves a payment among the Ebrews or jews then, and also is seconded by other authority before touched. but any reference there had to Turrian Christian practice of Tithing, I suppose no man will affirm that is of a sound brain, and uses holy Writ with due reverence. But my application of some passages in S. Cyprian in §. 1. here are found fault withal; in that I understand not hi● mention of the word Decimae to be a note of payment of Tithes in his age. Indeed I did not think that any man which understood Cyprian, with the use of his time in making up the Ecclesiastic Treasure, would have therein taxed me. Neither have I given his words alone & then my own Gloss (as many have done too often, and that in things of the nature of this subject, and so have deceived their credulous Readers) but I have carefully and shortly expressed also the occasion of his passages; and so, that an understanding Reader may collect as much out of them as he might do if he had the whole context of Cyprian by him. If I have erred in the interpretation, it is but my single error and theirs that dare give authority here to my judgement. whoever can think otherwise by Cyprians words, if he saw him, may equally do so by my relation. however then, I impose not on any Reader. But for that second place of his out of his De unitate Ecclesiae; observe his words more fully. Thus they are, Domos tunc & fundos venundabant &, thesauros sibi in coelo reponentes, distribuenda in usus indigentium pretia Apostolis offerebant. At nunc patrimonio nec Decimas damus; & cum vendere iubeat Dominus emimus potius & augemus. So far is this from denoting any payment of Tenths of annual increase (which is the Tithe we inquire after) that indeed no such Tenth seems here to be understood in the mention of Decimae. he speaks of them which sold their whole estates in the Apostles times. but now, saith he, we give not the Tenths of our patrimonies. that is, we give not the Tenth part of what devout Christians than did, but in stead of selling for devotion, we buy and increase our estates. What other Tenth is here spoken of then the tenth part of every man's patrimony or estate? and what hath that to do with the tenth of Annual increase only? and, for any use of payment in this time: I was not so bold to make the negative, that no Tithes were paid, but that it could not be proved that any were. He that can show me aught omitted that might prove it, shall deserve and have thanks of me. In the mean time further to justify what I affirm, take this of Epiphanius Bishop of Constance in Cyprus, that about the year CCC.LXXX. wrote against the Heresies of the primitive times. when he 
s Hares● 50.  tells us of the Tessaresdecatitae, or those which thought the holy Easter must be kept on the fourteenth Moon, according to the Law given to the jews for their Passeover, and that because they apprehended that the keeping it otherwise was subject to the curse of the Law; he says, that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, they do all things or agree generally with the Church, saving that they were too much herein addicted to the jewish custom. and in his argument against them, he shows, that the curse hath not reference only to the Passeover, but also to Circumcision, to Tithes (〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉) to Offerings. Wherefore (as he goes on) if they escape one curse, by keeping their Easter according to the Law of the Passeover, they thrust themselves into many other. For (saith he) they shall find them also cursed that are not Circumcised, and them cursed that pay not Tithes, and them cursed that offer not at jerusalem. Let any man now consider if this Bishop that was least unacquainted with the customs of the Christian Church, understood not clearly that no necessary or known use of payment, was among Christians in his time, of Tithes, no more then of Circumcision, or offering at jerusalem. Doth he not plainly reckon it as a thing not only not in Christian use, but even equals it with what was certainly abrogated? is not his Objection shortly thus? Why do you not observe Circumcision and Tithing, and Offerings also at jerusalem, which are all subject to the like curse? and because some kind of Offerings indeed were in use among Christians, therefore in the Objection he providently ties them to jerusalem. But of Tithing he speaks as generally as of Circumcision. Observe his own context, which I here give, that the able Readers judgement may be free. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, So that if they avoid one curse, they fall under many other. For such shall be also found accursed as are uncircumcised, such accursed as Tithe not. and they a●e also accursed (in the old Law) that offer not at jerusalem. I confess, this may perhaps seem not to extend to the African Church (wherein S. Cyprian and S. Augustine lived) that was far remote from Epiphanius, being of the Greek Eastern Church▪ and so not to sufficiently prove that in those times no payment was in use there. The like perhaps may be obuiously thought of in referring it to the Western Church of Europe. But it seems that the African, European, & Eastern Greek Churches of those times, had little or no difference twixt them in the settled policy for their maintenance. And for the African; however out of S. Augustine's Sermons it may be collected, that a payment soon afterward was there in use, yet herein both the Greek Eastern, and the African Churches are specially so like each other, that neither in the councils or Canons of the one or the other of them, any Law at all is found for payment or ordaining any thing touching Tithes; nor as I remember, doth the name of Tithes once occur in them, or in Photius his Nomocanon, or in Zonaras, or Balsam●●, the chief Canonists that writ on the Eastern Canons. I mean here the Canons of the Greek Church of credit; not including those called the Apostles Constitutions equally belonging to all Churches (if under that name to any) of which more presently. But it had been little to the purpose indeed to have had Tithes of Annual increase paid, while that most bountiful devotion of good Christians continued in frequent Offerings, both of lands and goods to such large value, as you see expressed in that of the Governor of Rome to S. Laurence (being Archdeacon to Pope Xistus the second) in the ninth persecution under Decius. He tells him 
t Apud Prudentium 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, hymn. 2.  that the common fame was that the Christians did often 
Offer, fundis venditis,  
Sestertiorum millia.  And that 

Addicta avorum praedia  
Foedis sub auctionibus,  
Successor exhaeres gemit  
Sanctis egens parentibus.   

Et summa pietas creditur,  
Nudare dulces liberòs.   no doubt can be but that the Governor is here made to speak somewhat beyond the truth. But also questionless the liberal devotion of the time was very exceeding in offerings.  
But, for Constitutions of this age; lest we should seem to omit any thing that bears the name of one, although merely supposititious, we shall here add more to that cited in the 4. §. out of the old Clementines attributed to the Apostles. but all will be of equal credit. and were it not for the inequality of Readers, none of it indeed deserved a place here. In those Clementines, a further command is, to give 
u 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  all thy Tithes to the Orphan, to the Widow, to the Poor, and to the Stranger. And afterward some Constitutions attributed to S. Matthew are inserted; wherein first is ordained the formal consecration of Oil and Water, that may have power to heal sick men, to cast out Devils, and the like, with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, I Matthew ordain. and then 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, I further ordain, that all first fruits be brought to to the Bishop, and to the Priests, and to the Deacons for their maintenance. and that all Tithes be offered for the maintenance of the rest of the Clergy, and of Virgins, and of Widows, and of poor People. but here is no command of Tithes to be given to the Priests for their use; but only for maintenance of the less Orders of the Clergy and of the Poor. and therein these Constitutions still agree with themselves. But, for the authority of them; take the judgement of our Church, and I think you shall have a general consent, in this, that they are not of near the Apostles time, but counterfeits of far later age. and great men in the Church of Rome account them no otherwise, howsoever Turrian (that first published them in Greek out of three old copies, as he says) would needs persuade the World that they are genuine, apostolic, and collected by Pope Clement the first. But I would then he had also persuaded us that the Apostles had taught that the Birth of our Saviour or Christmas day, was to be celebrated on the XXV. day of December, as in this suspisititious 
x Lib. 5. Canon. 13.  Clement is affirmed. The learned know that until about CCCC. years after Christ, that is till S. Chrysostom's time, that day 
y Vide Clement. Alex. Strom. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Epiphan. Haeres. 51. & D. Chrysost. hom. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  was not settled but variously observed in the Eastern Church, which should have had special notice of the apostolic Canons. and S. chrysostom then learned the time of the XXV. of December (which yet, most think not to be the exact time) from the Western or Latin Church. It is likely that till then, the Apostles Constitutions had slept? Besides, we see, that Dionysius that great Patriarch of Alexandria, although those of his See and himself were most curious in the determinations of Ecclesiastic times, could not find whence clearly to resolve that question to Basilides Bishop of Pentapolis, 
z Apud Th. Balsamon Ms. in Bibl. Patrij Junii.  〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, At what hour after the last Saturday of Lent they should leave of that strictness 
a Videses (si hanc rem obiter vellis explicationem) Synod. 6. in Trullo Canon. 99 & ibid.▪ & ad hanc Dio●ysii Epistolam, Theodorum Balsamonem, & Euseb. lib. 5. Eccl. hist. c. 23▪ etc.  of Fasting. in joy of the Resurrection or at what hour of Easter day, or the feast of the Resurrection should begin. Basilides tells him, some think at the Cocks-crowing towards the morning, some at the Saturday evening. and Dionysius acknowledges that difference in use. But to set a certain hour of it, he answers him, is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, both hard and without sufficient ground. and then falls to examine it by the holy History of the time of the Resurrection. But had these Constitutions been then in authority, clearly Dionysius might soon have resolved the question. for in them it 
b Lib▪ 5. Can.▪ 18. & 19  is determined, that this strict fasting should be kept, but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, until the time of Cock-crowing. This learned Patriarch (his Greek Epistle never yet published in Greek, with Balsamon upon him, was communicated to me by that most learned and courteous Mr. Patrick Young, in the rest of Balsamon Ms.) lived about CC. years after the supposed time of the collection of these Constitutions, and surely had used them if they had then at all been, and deserved credit. and who would have made a controversy about the holding of Easter, that had in those elder times found it so established as it is in those Constitutions. But it is not difficult to conjecture out of what kind of shop they came, if you but note the supremacy of all power 
c Lib. 2. Canon. 34.  so arrogated in them to the Clergy. the authors of them command that Priests be honoured as Kings and have tribute paid them as Kings, and are so bold as to apply that in 
d 1. Sam cap. 8.  Samuel, touching what a King would do in taking from his Subjects, to the power of Bishops, as if they should do so. and they affirm it, as much more reasonable, that Bishops should do so; and ordain also with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, We constitut, the like wholly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, touching Bishops, as there, they say, is ordained 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, touching Kings. which well agrees also with their reckoning up of the ten Commandments, and making the Tenth to be 
e Lib. 2. Can. 36.  〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, Thou shall not appear empty before the Priest. He that made these words to fill the place of one of the ten Commandments, seems not to talk like one of the Apostles. A thousand things more might be found to disprove the authority that some attribute to these Canons. and the answer to Turrians reasons for maintenance of them, are obvious enough. For my part, I think confidently that most of them, if not all, are hardly M. years old; and therefore no sufficient cause is, why they should have place of credit in any part of our Division, as they bear the name of Canons or Constitutions. For if they were in truth made so long after those whose names give them all their authority, they are all one, for Constitutions to be relied on, as if they had been but of yesterday. I only touched part of them in this first CCCC. years, as they were in the Latin; the Greek being neither then by me nor much material; although some passages in other translations and to this purpose, if not examined by the Greek, may soon deceive a Reader of too ready a faith. For one of those other Canons attributed also to the Apostles as authors, and to this Clement as Collector, is translated, 
f In Zonara. edito a l. Quintine Ca●. 4.  Aliorum Decimae primitiaeve fructuum omnium mittantur Episcopo ac Presbyteris, & non super Altar, the Greek that is turned and set by the Latin in the same Volume, having not a syllable of Tithes, but speaks only thus. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, Let all other fruit (being first fruits) be sent home to the Bishop and to the Priests, but not brought to the Altar. the meaning being that only first fruits of new grapes before Vintage-time, or of young herbs fit to be eaten, or such like (comprehended under the words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the next Canon before) should be brought to the Church and so are the expositions of Zonaras and Theodore Balsamon, two great Canonists of the Eastern Church.   

Of the V. Chapter.  
THose Abbots spoken of in the 1. §. were not of the ministering Clergy properly taken; but only principal Governors of such as had chosen a separated and single life; such as are in good number found in Pailadius his Lausiaca Historia, Cassimus, and the like more. For that of giving Tithes to the use of the Poor; it seems it must be understood that they were most commonly given into the hands of those Abbots or some of the Clergy for their use. and that they dispensed them. which may be collected out of the testimonies of that age wherein the goods and treasure of the Church is accounted but as the Poors chiefly in property. Beside those attributes of Tithes and other things consecrated, as tributa egentium animarum, and patrimonia pauperum, and the like, an observable admonition is, to this purpose, found in Isidore Pelusiota (that lived about the beginning of these CCCC. years) made to one Maro a Priest (whom he often reprehends) but specially 
g Lib. 1. Epist. 269 & vide ibid. 425.  for not leaving the goods of the Church and of the Poor (that is, what was offered in Tithes, Rents, and other bounties) to be kept only by the OEconomus or Dispenser, or Steward (who in those times received them for the Bishop, and dispensed them by direction of him and his Clergy) but carried them home to his own house. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 (says he) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, Leave off this wicked course. For the Dispenser hath his name from his Dispensing to the Poor what is theirs; as the goods of the Church are properly. So S. Basile 
h In Epist. 229. edit. nuper a V. Cl. R. Montacutto.  styles the goods and revenue of the Church, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and the Greek Lawyers call them generally 
i Balsamon & Zonaras▪ add Can. Apost. 59 & vi●e de hac re ●nonymū de recuperat. Tetra Sancta cap. 14. in vol. Gesta Dei per Francos dicto.  〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or provision for the Poor. And hence is it that divers Schoolmen to and fro dispute that question, whether the dominion or property of the revenue of the Church be in the Clergy; and whether what they give to the Poor be due debilo justitiae, or debito Claritatis.  
I supposed enough had been said in §. 3. to convince the common error of them, which derive feudal Tithes from the Clergy of the time of Charles Martell, or affirm any common payment of them then in practice. But it is a hard task to teach obstinate ignorance. Let that of Eucherius his vision be as it will (which yet cannot stand with the time of his death, calculated according to the story that remains of him; however indeed 
k Vide Adrenald. lib 1. the Mir●s. S. Benedicto cap. 14. & Flo●oard Rhem. hist lib. ● cap. 12. & Capitular. exhibit Lutour 2 Imper post Ca●onem 59 c. 10 q. 1. edit. Gregoriana.  very ancient authors help to justify it) it still rests certain that the Constitutions of his time, which have reference to the many sacrileges committed by him and others, upon Monasteries, Bishopriques, and the rest of the Demesnes of the Clergy, never spoke word of Tithes▪ and with that which is there noted in the margin, observe the several transcripts of that Law of Restitution, made in the Synod or Diet at Ratisbon, held under Caroloman in DCC.XLII. as it is in 
l Constit. Imperial. tom. 1. pag. 15.  Melchior Goldastus. in his first Volume he gives it thus, Decimas, bonae Ecclesiastica occupata à prophanis restitu●mus. as indeed both 
m Annal. Boi●rum lib. 1. pag. 179. edit. B●s. a. d. 1615.  Auentin and the 
n Centur. 8. cap. 7. & 9  Centuries have it also literally before him; both out of corrupted Copies. But afterward the diligent Goldastus, finding a better Copy, entirely again publishes the Laws of that Synod nearer the original; and this one 
o Tom. 3. pag. 117.  thus: Fraudatas pecunias Ecclesiarum Ecclesijs restituimus. Some other Copies having fundatas. but none, of any authority, Decimas. pecunia being only their wealth or estate in Lands; as in more ancient time pecunia denoted chiefly estate in cattle, and then money, as now it doth. I know also it had a signification that included offerings 
p Festus Pauli in Pecunia & ib. Scalig.  of fruits and corn, and so might be drawn to denote Tithes offered. but that signification was of rare use, and only among the Gentiles. Neither (as I think with some confidence) can any man show me such use of the word in any Christian Author of the ancients. And the very decree of Thierry King of France, and that Charles Martell the More du Maison, of the year 
q Goldast. tom, 3. pag. 648.  DCC.XXX. touching the taking from the Clergy their possessions, Vt subveniatur necessitatibus publicis & solatijs militum pro Dei Ecclesia, & bono statu Reipub. & uniuscuiusque propria pace pugnantium, as the words of it are, and that of Caroloman 
r Idem tom. eod. pag. 118.  in DCC.XLIII. speak not a word of Tithes, but only of terrae & Casatae (which were the Ecclesialis pecunia) and the small Rents to be reserved to the Church upon leases made of them, which is, it seems, understood in the more common giving of them into Lay hands so much spoken of by Flodoard. that is, Lay men had the benefit of them by having Leases of them at small Rents without Fines. Neither is any other thing spoken of in the 
s Post. c. 59 c. 16. q 1. edit. Gregor·  capitulary exhibited by the Bishops of the Provinces of Rheims and Rhosne, to the Emperor Lewes the second. When I see any testimony near Martells time that so may justify the received tale of his profaning of Tithes as I may change my mind. But seeing so much of his sacrileges left in the story of near his age, and that not a syllable touching such Tithes as we here inquire after, nor any thing else that hath reference to the common payment of them, is found in the Laws made under him, I still remain confident in what I have admonished; and I think so will every man else that hath an impartial eye of judgement. But, for that which I have here noted touching Casata; perhaps Casata should rather have been interpreted a Mesuage, or dwelling house. For it appears in that capitulary exhibited to the Emperor Lewes, and in some other testimony of that 
t Vide Goldast. tom. 3. pag. 64●.  time, that the reservations ad restaurationem terrarum (which may be satisfaction given by the Lessees of the Clergy, in Rents of land) were Nonae & Decimae (where Decimae have not to do with payment of Tithes out of mere lay Fees, but only were received by reservation) and out of every Casata xijd. So it may be that Casata is no quantity of Land there, as I have coniecturd, but a house only. if it be, you see whence I was deceived. pardon me. perhaps it was an error. I willingly acknowledge so much upon this Review. I acknowledge it, if that capitulary of the Bishops and the other testimony be therein authentic. I somewhat doubt them, because the most known and certain Laws of Martells time speak only of xijd. to be served out of every Casata, and the Nonae and Decimae grow not elsewhere into use till after the beginning of the French Empire. and if nothing but Casatae were spoken of, there were reason enough why they should be taken for Land. But the Nonae and Decimae in those authorities are referred to Land, and the xijd. only to Casatae.  
That in the 4. §. of the Tithe of time in Lent out of S. Gregory, is not easily perhaps apprehended by every Reader without a little more explication. The Sundays as they were exempt out of the number of days, so were they from the fasting of Lent, thence comes his conceit of the Tithe of Time in XXXVI. days, which is 1/10. of CCC.LXV. so Fractions be omitted. and to make up forty which is expressed in Quadragesima, the known name for Lent; the four days preceding Quadragesima Sunday, are to be added. this was the intent of that fancy. But how sleight and nothing to the purpose, that observation of the Tenth of Time is (however the Canonists, as sworn to their Text, make of it) is easily seen, not only in the abused liberty of calculation of it, but also by the customs and Laws of both Churches the West and East in their various limits of this time of fasting. Popes Telesphorus. they 
x Anastasius in vita eius. & vide Baronium sub ann. 154. & Polydor. de Invent. rer lib. 6. cap. 3.  say, made it VII. Weeks. and other diversities hath it had in the Western Church. and the Eastern church exempted 
y Synod. 6. in Tull. Can. 55. & videses etiam Constit. Apostolorum dictas lib. 5. Can. 13.15. & 18. & Consul Euseb. Eccles. Hist. lib. 5. cap. 26. & Socratem Hist. Eccles. lib. 5. cap. 81.  both Saterdaies and Sundays from fasting through all Lent, except only the Saturday that next preceded Easter Sunday. as also they fasted not on the day of the Annunciation. What regard had they then, think you, to the Tithe of Time?   

Of the VI Chapter.  
THe practice of payment in the third CCCC. years; was Parochially observed in some 
* Praeter ea quae ad hanc rem §. 1.2. & 3 habemus Videses Hinc marum in opere Capitum 55. ad Laud Episcop. cap. 1. & Rabanum apud Centuriatores cent. 9 cap. 7. de jure iurando quod exigebatur nonnunquam de decimis rite solutis.  places, but especially by Clergy men, to Clergy men, who (with such as were reputed among them) subjecteth themselves more to their Canons then the laity could be brought to do. But it seems somewhat plain by the many examples of arbitrary Consecrations to Monasteries and other Churches, related in §. 2. (whereto join also the English practice in the XI. Chapter, and the 
a Apud Auentin. Annal. Bae●rum lib. 6. pag 379. edit. Bas. 1615.  Charter of Henry the eighth, Duke of Baviere, of the Tithes of Rannesh●fen, given to the Church of S. Pancras) that the payment of them Parochially performed by Lay men, was yet frequently omitted or continued to their own wills. Whence otherwise could the Founders and Benefactors of Monasteries have made Tithes part of their endowments? it was not, in these elder times, so much by giving them Churches (as the most that speak of this, ignorantly think, telling us that all Tithes came into Monasteries by appropriating of Parish Churches) as by conveying to hem divers Tithes alone and newly created. and after those gifts, Consecrations, or new creations, n● other Tithes were paid upon any other right, out of that Land which was so charged with them. But most of those Consecrations were at one time or another at length confirmed by Popes and Bishops, and so clearly after enjoyed; which plainly also supposed a former strength in them. For regularly, Confirmatio ex proprio significatu denotat firmitatem actus confirmati, as 
b Ad tit. de Dec. c. duaum. num. 11.  Panormitan and other Canonists say, and nihil 
c Innocent. ad dict lec. & tit de confirm. ut & in●til. c. eum dilecta 4.  juris novi tribuit, sed tantum vetus confirmat. But it is plain, that after Parochial right established, that is since about M.CC when the Canons grew more powerful and obedience to them became more ready, such confirmations by bishops and Popes, and such consecrations, creations, or new grants by Lay men, of Tithes, have been taken and declared clearly void, as you may see in a decree 
d Tit. de his qua f. apral. sine etc. c. 7. cum Apostolica.  of Pope Innocent the III▪ touching Tithes, so granted by a Knight of Berry in France, and confirmed by the Archbishop, and 
e Tit. de Dec. c. dudum 31.  in another of his about Tithes so given or created to a Church by the King and Queen of Hungary, and after confirmed by a Pope or two. and who can doubt now but that all such grants (in regard of prevention of the Parson's right) be not only void by the practised Canon Law of this day, but also by the Secular or common Laws of most States (if not of all where Tithes are paid) in Christendom. For admit at this day, that Titius grant Decimas suas of such an Acre to the Parson, Abbot, or Bishop of such a Church, and this be confirmed by whom you will; The Tithe due from him Parochially is not touched by it. why? because they are settled iure communi (as the Law is practised) in the Parish Rector but in those elder times, such an arbitrary grant vested the Tithe in the Church to which it was given, and no other afterward was paid. Why? because then notwithstanding the Canons, no ius common, no Parochial right of Tithes was settled or admitted in the practice of the laity. And for those ancienter grants; be not deceived by such as tell you they were always of Tithes formerly infeodated from the Church. that hath no ground to justify it▪ neither can any man at all prove any common course of such Infeodation of Tithes from the Church into Lay hands, to have been in any State till the later times of Reformation of Religion in some places, and dissolution of Monasteries. and those two examples which are in Pope Innocents decrees are expressly of new creations, at least not of infeodated Tithes, as every Canonist will acknowledge. But clearly they both were in themselves according to the many other, but they had not the fortune to be confirmed in such time as the Pope or Clergy usually gave way to the former practice of arbitrary Consecration. And doubtless also, after such time as the Clergy saw that the Canons, made for Parochial right of Tithes, had gotten force, and that the former creations or grants of Tithes by Lay men (which were indeed practised against many Canons both Papal and synodal) were, by that name of laymen's grants, creations or consecrations, declared utterly void by the Pope and his Canon Law, although confirmed by whomsoever; such of them as had originally no other true titles to Tithes so commonly consecrated by Lay men, subtly enough in the next four hundred years, left off the pretence of their Lay grantors bounty (especially if the Grantor had been a common person) and betook themselves only to prescription 
f Extr. tit. de pr●script. c. 6. & 8.  of XL. years, and to what other times might be allowed to settle a right to them upon a possession of Tithes. and, by what way, retained safely what otherwise, if they had held themselves to the deeds of their Lay grantors and to Confirmations, had been in danger enough of being recovered from them by Parish Rectors. So that, when the prescription was good in regard of time and possession; although the original Title itself were nought; yet because any other just Title might be pretended to ground the prescription on (which also was 
g Vide Innocent. 4. ad tit. le pr●script. c. si diligentia & ad tit. de Decim. c. dudum etc.  not of necessity to be proved incorporeal things) it was not difficult to have a fair course to maintain their possessions and right of such consecrated Tithes, as had been possessed so forty years before they were questioned by Parsons which claimed them iure communi. For against them, such a prescription by any other Church, Abbey, or Bishoprique or such like is a good Title. Remember also their erecting of Parochial chapels within the larger Territories, out of which they had portions. plainly, the erecting of such chapels for Parish Churches (the Cure being there served by some Monk or Vicar, instituted upon the presentation of them which had the granted portions) made those portions at length also in many places be reputed for Parochial Tithes, due in regard of those Parochial chapels. But what course soever they took; it seems certain, that the Titles derived from Lay consecrations were after this third CCCC. years carefully concealed by the Possessors in such public records of their revenues, as were of more common and open use in their legal proceedings at the Canon Law, however they remained still in their ancienter and more secret Chartularies. and with us I have very rarely, scarce at all, seen an Instrument of them in their Lieger books or otherwise, written in a hand that is later than King john's time. the most are before him. But I have seen Catalogues of the time of Henry the third and Edward the first, of many large portions of Tithes, that doubtless came first from arbitrary Consecrations, and that through most of the Dioceses of England, wherein not the least mention is of any Grantor. only possession is remembered. and that, by prescription. was to be justified. Some Titles also I have seen made to Tithes in Libels of the time of Henry the third, especially in the Lieger books of Reading, Osney, and Pipewell. but in none of them ever any derived from Consecrations. Neither indeed, in that ancientest formulary of the Canon Law (I mean Durand, that lived about CCC.L years since) is any other Libel for Tithes, than such as make the Title Canonical. None that touches Lay consecrations; which divers years before his time became as much concealed in legal proceedings of the Canon Law, as they had been in the more ancient times desired and hunted after by such as were enriched by them. This of arbitarie Consecrations, I presume, is like strange Doctrine to most men. it may well be. for the truth of it, I think, was never before so much as pointed at by any that hath written of any part of our subject. But I doubt not but every understanding Reader will think these things here now shortly noted on them to deserve his consideration, which I desire him also to refer to the XI. Chapter. and also let him apply to them the Admonitions touched presently in Appropriations.  
For Appropriations which are in the 3. §. they consisted (as you see there & in the XII. Chapter) for the purpose, either in conveying Parish Churches appropriated with Tithes settled in them sometimes by a continuance of payment, sometimes by Consecrations, or by both; or of Churches that were then appropriated when (according to the use of the time) none or few Tithes were paid to them, yet afterward in the hands of the Monks or such like, when the Canons for payment of Tithes came into force, got Parochial payment to be made to them; or thirdly in passing of Tithes formerly created and in esse. So that as by Consecrations, Tithes newly created, were settled in Monasteries and the like, so, by Appropriations, Churches with Tithes in esse, or with the pretended right to them, and Tithes alone (but formerly in esse) were conveyed to them. The whole Appropriation of Tithes with Churches or Churches alone (we show) in that ancienter time was made by the Patron. The Churches with Tithes (by the name of Ecclesia cum Decimis, when Tithes were paid to it) was in point of interest given by him. And many more Churches have been so appropriated, then by the later and more known course. Neither, I think, have many new Appropriations been since made. not many in regard of the number of the other. But deserves not this then another kind of consideration than is commonly dreamt on, among them which make Tithes due by the Divine Moral Law to the evangelical Priesthood? if they be so; what had the Patron as Patron (were he either Temporal or Spiritual) to do with them in conveying them to Monks, Friars, Nuns, poor people in Hospitals? none of these, by that name, are of the Priesthood. and that way, they were so equally due to the ministering Priesthood before the Patron's title to the Church, that what ever he could do after he were Patron (although also his act were confirmed by whom you will) could not at all, it seems, touch them, or convey them from him that should afterward exercise the spiritual function of the Church. Consider Tithes so due; and how could any Monastery derive to itself any Title to that self same Tithe that was so due to the Priesthood? And if it had not the self same Tithe, but by prescription or other civil Title, having the glebe of a Church had also a profit by the name of Tithe as annexed to the Church, no otherwise then other Lay endowments (for no man can doubt but that any kind of persons may enjoy a profit under the name of Tithe or Tenth, aswell as a Rent of the Ninth part or of the Eleventh) who then is it that now detains the Tithe due by the Divine Moral Law, in cases of Appropriations? doth the Monastery, or those which have such appropriated Tithes by conveyance from it? or rather doth not the Parishioner, that is bound to whatsoever is by that Law due, although he pay never so many other Tenths due only by some civil Title? or by that Opinion, is not he that receives the appropriated Tithe bound to pay a Tenth of it to the Minister, and the Parishioner a Tenth of his Nine parts. I affirm nothing here. it is no place for me to do it. But let these things be first considerable to every one that talks of Appropriations, and concludes Tithes due iure divino morali. And, for Lay men's right to the appropriated Tithes (that is, such as did either vest in the Monasteries by Appropriations, or at least have been enjoyed by reason of them) let him examine it rather thus: may that which either Grant or Prescription, or other civil Title once settled and so even consecrated to God and holy uses, although abused, be afterward profaned to Lay hands? But it is a gross error to make it clear as many do, that if Tithes be not due to the Priesthood iure divino morali, then Appropriated Tithes may be still possessed with good conscience by Lay men; and that if otherwise, than they may not. For though they be not due so; yet is the consecration of them in the Appropriation, nothing? for if they be not due so, than it will be clear, I think, to all, that they might pass in the Appropriation, as other things, subject to the Titles of human and positive Law. The many execrations annexed to the deeds of conveyance of them, and poured forth against such as should divert them to profane uses, should be also thought on. and let them remember also, who says, that 
h Proverb. 20.25.  it is a Destruction for a man to devour what is consecrated.  
To what we have here of Episcopal right pretended to Tithes especially in Germany, & of Tithes appropriated by Bishops, you may add the examples of Thietmar Bishop of Werden in Saxony, that 
i Krantz. Metropol lib. 6. cap. 19 & cap. 29. & lib. 7. cap. 48.  about M.C.XL Contulit Ecclesiae suae undecem Decimas, & Contulit fratribus Decimam in Esse. As also his successor Herman, Contulit Ecclesiae suae mediam Decimam de Haselwerder, & integram in Rakestede, & Tunderling. and Luder Bishop there about M.CC.XXX. Contulit Ecclesiae Decimam in Emelendorp cum advocatia, and ordinavit Scolaribus Decimam in Mendorp. It seems this their giving of Tithes to their Church was an assignment of them to the increase of their prebend's, or such like. for it cannot, I think, be understood of Tithes given to the bishopric by themselves, who as Bishops possessed or pretended right to Tithes generally in their Diocese. But also, with that noted here touching Gerold Bishop of Oldenburg (or Lubek) his urging them of the Deserts of Wagria to pay; observe the words of his persuasive Letter sent to them to get their Tithes. Deo, saith he, 
k Helmoldus' presb. hist. Seliviorum cap. 92.  gratias ago, quod multarum in vosiis parent vil tutum insignia, quod videlicet hospitalitati & ulijs misericordiae operibus propter Deum insistitis, quòd in verbo Dei promptissimi & in construendis Ecclesijs solliciti estis; in legitimis quoque ut Deo placitum est, castam ducitis vitam; quae omnia tamen obseruata nil proderunt, si caetera mandata negligitis, quia sicut scriptum est, qui in uno offendit omnium reus est. Dei enim praeceptum est, Decimas ex omnibus dabis mihi, ut benè sit tibi & longo vivas tempore, cui obedierunt Patriarchae, Abraham scilicet Isaac & jacob, & omnes qui secundum fidem facti sunt filii Abraha, per quod laudem etiam & praemia aterna consecuti sunt. Apostoliquoque & Apostolici viri hoc ipsum ex ore Dei mandaverunt, & sub anathematis vinculo posteris seruandum tradiderunt. Cum ergo Dei omnipotentis proculdubio hoc constet esse praeceptum, & sanctorum Patrum fit autoritate firmatum, nobis id incumbit negotij ut quod vestrae saluti deest, nostro in vobis opere per Dei gratiam suppleatur. Monemus ergo & obsecramus omnes vos in Domino, ut mihi, cui paterná in vos cura commissa est, animo volenti, quasi filii obedientiae, acquiescatis, & Decimas prout Deus instituit & Apostolica Banno firmavit Autoritas, ad ampliandum Dei cultum & ad gerendum pauperum curam Ecclesiae detis, ne si Deo quae ipsi debentur subtraxeritis & substantiam simul & animam in interitum mittatis aeternum. valet. It seems he was in some confidence, that because he was a Bishop, he might make them believe any thing of the Patriarches and the Apostles. and you may see he loved the profit of the Tithes so well, that he would not stand upon any unlucky venturing his credit in Divinity, or upon offering a plain falsehood, in writing for them. For though they were due generally as he would have them, yet how would he have proved that all the Patriarches and all that were by faith as the sons of Abraham, paid them? or that thereby they all had gained praemia aeterna? and whence could he have justified it, that the Apostles ordained that they should be paid? it may be therein he meant the Constitutions of the Apostles, of which enough before. if he did, how could he have strengthened their authority? But they to whom he sent remained still as far from obedience as the historical part of his Letter was from truth. And the truth was, he could by no means get any Tithes of them. But for that (in this §.) of Episcopal right, or the right of the evangelical Priesthood, so much pretended against Tithes enjoyed by Monks, that were indeed Lay men, however reputed as a kind of part of the Clergy; it seems that in those days the Bishops and Priests often stood so much on it, and so much and so often laboured against Consecrated & Appropriated Tithes, possessed by the Monks (for they knew it was to no purpose to urge the Lay owners, who after they had given Tithe by consecration would give no more to any of them) that the most common place which in their Synods and Sermons they dealt on, was the right of Tithes, as due to the Priesthood. and in so much also and so untimely was that common place used, that there talking of it was become a Proverb to denote their frequent going from the matter. as if most usually they fell into that, when they should have talked of something else. This is justified by a passage of the Monk Aimonius in the life of Abbo Abbot of Floriacum, where he speaks of a Synod held under Robert King of France, about the year M. (when Aimonius lived) in the Abbey of S. Denis. Very many Bishops, saith he, were present at it, 
l Vita Abbonis Floriac. cap. 9  Qui cum de fidei puritate & de corrigendis tam suis quam subditorum pravis moribus sermocinari debuissent, juxta vulgare proverbium, Cunctum suum sermonem ad Decimas verterunt Ecclesiarum, quas Laicis ac Deo seruientibus Monachis auferre moliti, resistente eye in hac re hoc V. Dei Cultore Abbone, promiscuam in se vulgi concitavere manum. and such danger did the Bishops, in urging it, draw on themselves, that they were driven all to dissolve the Synod by running away. you see here Sermonem ad Decimas vertere, was as a proverb to go from the matter. and for those words, Laicis ac Deo seruientibus Monachis; I think, they are not to be interpreted Lay men, and Monks, but Monks that were lay, and spent their time in the service of God▪ For there is no doubt but the Bishops and Priests objected the name of Laici to the Monks here; and so was it fit, in the relation, to name them. and it was no wonder that the common people (whose bounty, in bestowing of Tithes on Monks, should thus have turned to nothing) so fiercely opposed them. If you understand Laicis by itself here, than it may denote the arbitrary detaining or disposing of Tithes by mere Lay men, which, I must confess, Abbo and his Monks and all other Monks whatsoever had some reason to withstand. for they gained much by it. But, I doubt, it cannot have reference to Lay Infeodations. For as yet I could never see the least testimony of an Infeodation of Tithes until many years after Abbo's time. it might perhaps denote them also. but I dare not clearly affirm or deny here.  
The 4. §. is of ancient Infeodations of Tithes. What is in old testimony of them, is there delivered. but for time; we neither fetch them from Charles Martell, nor from the holy War of between M.XCU and M.C. as others do. plainly both those Opinions are false. And it is as certain that they are false, as it is difficult to find the true beginning of Infeodations. Neither, I think, did any man ever refer them to Charles Martell, before Martinus Polonus Archbishop of Cosenza and Penitentiary to the Pope, who wrote about M.CC.LXXX. Ecclesias (saith he of him) spoliat, Decimas militibus conferendo; and this being through many hands received, hath to this hour abused many men's credulity. But thereof, enough already. They are as far out, that derive them all from gifts made by Churches, or impositions by Princes. yet that most common opinion, that they all came first out of Churches is elder than the other, and as ancient at least as Frederique Barbarossa. For in the controversy twixt him and Pope Vrban the third about investitures, Scimus (are the 
m Apud M●l●hior. Goldast. Gonstit. Imper. tom. 2. pag 50.  word) Decimas & oblationes à Deo Sacerdotibus & Levitis Primitias deputatas. sed cum tempore Christianitatis ab Aduersarijs infestarentur Ecclesiae, easdem Decimas Praepotentes & Nobiles Viri ab Ecclesijs in beneficio stabili acceperunt, ut ipsi defensores Ecclesiarum fierent quae per se obtinere non valerent. There is no question butt his opinion had soon authors enough among the Clergy. For, the pretence of it was like enough a great persuasion to some Lay men to give in their infeodated Tithes to the Church. and this the Canonists, for the most part, and generally the Lawyers of most States, take for a clear truth. which I much wonder at, seeing that while they take it so, yet they interpret that 
n Et vide cap. 7. §. 3. ad sin● m.  Canon Prohibemus (which is the principal provision against feudal Tithes, and was made by a Council, that best knew the practice of the near former times, against such as were created by Lay men to Lay men) to have been the stay only of further Infeodations into Lay hands, that is, every lay Infeodation that hath force they suppose to be of before the time of that Canon. as if the Infeodations from Lay to Lay, there forbidden, were those from which such (for the most part) as continue had their original. and therein doubtless they are right. and the later Canonists that would apply it to all Infeodations then in esse are grossly deceived, or wittingly strive to deceive. for in that respect, the Canon is in no State in force. Neither was it anciently so interpreted by the Canonists. but in the other, that is, touching new creations of feudal Tithes (in prejudice of the Church) by Lay men to Lay men, it hath been ever admitted, and is in practice both in France and Spain. and what better interpretation of it can be then the continual practice upon it since the making of it? and so how can it then be supposed but that Lay men before were chiefly the original authors of them? But some 
o Bertrand ● Argentre in Cons. Brit. tit. des Appropriances ●rt. 266. pag. 1110.  Lawyers here to justify their received opinion, bring this argument. Had they not come from the Church, they say, then had the Tithes themselves, which are now possessed by Lay men through Infeodations, paid Tithes also to the Church by reason of the many Canons made for payment out of all yearly increase. But this reason clearly moves nothing. for the self same might have been objected against the known beginning of Tithes created and consecrated to Monasteries by Lay men. plainly by the Canons, notwithstanding such consecration, the Parochial right to the evangelical Priesthood could not be diminished. and by them also, aswell a Tithe out of the Tithe consecrated, as out of the Nine parts of the Parishioner, might, for aught can be proved against it, be demanded by the Parish Rector. But we see clearly both the original of those consecrations to have been from Lay men; and also that no Tithe was or is paid either out of them or out of the rest of the profits of the Nine parts. How then can the other argument touching Infeodations better conclude here? beside it insists upon Canons. and would conclude practice from Law. which course of proof, used by most men that write of these things, is gross and ridiculous. For who ever but indifferently observes the story of the elder time together with the Laws, shall soon find that in the Canon Law especially, an argument from debere fieri to factum esse, is scarce so sound as that so hist at among children, à posse ad esse. The truth seems to be, that both in Consecrations, and Infeodations, and Appropriations of Tithes, there was not any other thing thought on then the name of Tithe, and the right of Tithes generally due to the Church; as if every thing being the Tenth, and by that name as it were specificated, were presently the Clergies. so that whatsoever was by that name given away to mere Lay men or to Monasteries by new creation in either Consecrations or Infeodations, was, it seems, taken always to be the self same individual Tithe which was supposed due to the Clergy. which also doubtless was a cause why many Infeodations having original only from Lay men, were falsely supposed to have first come from the Church. for how easy was it that that which out of its own name only of Decima was presently taken as to be due to the Church, should be titled an Ecclesiastic right, and then in the passages of them which would have had it so, be reckoned among such things as the Church had a title to by a former possession? and clearly many of the laity also could not but be very inclinable to that opinion. for so long as that held it is likely they resolved they needed not to pay any more to the Church. for when the Church would not keep the feudal Tithes when it had them (they thought it once had them all) they conceived doubtless there was no reason why they should pay it any more or other Tithes. Thus perhaps upon divers grounds and causes, both the laity & Clergy deceived themselves in thinking of the original of these Infeodations. But herein that which we have touched before to be considered in Consecrations and Appropriations is also considerable. for what could such Infeodations by Lay men to Lay men, hurt the right of tithes which was in the Priesthood? especially if due either iure divino morali, or by any positive Law ancienter than the Infeodation. But we have not affirmed, that no Infeodations came originally from the Church. Questionless some did. and beside the examples already noted, you may see that of Racherius 
p Ivo Epist. 289. editione secunda. primae deest.  who Ecclesiae de Hauchis (in France, about the year M.C.XX) Decimam laicali usurpatione tenebat, as ivo's words are, and he gave the Church to an Abbey of S. Martin's, and minutas in praesentiarum Monachis demittendo concessit Decimas, & Decimam de Culturis Monachorum eis concessit ha●endam post sui decessum. here it seems he had inheritance in the Tithes. For that other conjecture; that they came first from Impositions made by Princes; I doubt it hath no kind of probability. Indeed it appears that anciently in Turingia, the people were driven before theiri● Christianity 
q Centur Magdeburg. 8. cap. 8.  to pay Tithes to the Kings of Hungary, both of them annual increase, and of their children also; and in the government of the King that was declared by 
r 1 Sam. cap. 8.  Samuel: it is said, He will take the tenth of your Vineyards and give it to his chief Servants, and to his Officers. But where shall you find the least mention of Infeodations made of such kind of Tenths? or any touch of them in the complaints of the Clergy against Infeodations? and withal, nothing hath been of less practice than giving away in perpetual right any such revenue due to any Crown or State, only by special right of Supreme Majesty. But admit, these had their original this way or any other as you will; unless they can be proud to have been made of the very self same Tithe which is due to the ministering Priesthood (which can never been down; saving only where the infeodated Tithe was at first received and possessest by the Church by force of the Law of Tithing, not by arbitrary Consecration; in which case also it is considerable whether a Lay man could be at all capable of the fructus only of them, if due by an immediate express Law of God.) I see not how they should more prevent Parochial payment to the ministering Priest, than the payment of rents in 
s Eiusdem generis, sub Decimae etiam nomine, proventus Dominis soluuntur in Gallijs, in Germania, alibi. videses Bertran. d'Argentre, Cons. Brit. art. 266. pag. 1109. & Specul Saxon lib 2. a●tic. 58. § 2. etc.  Terragies, or quantities in Corn, under the name of tithes to landwards should diminish the right of the spiritual Tithe. which way had either such a fifth as was pharoh's, or the tenth spoken of by Samuel, to be taken by the King, touched the Tithe due by a superior or former law, to the Levitical Priesthood? both might well have stood together. might not so, nay, should not so Tithes remain payable from the possessors of the nine parts to the evangelical Priesthood, notwithstanding infeudations or any reservations whatsoever, if they be due by a superior or former Laws, especially if due by the Moral Law? and that Law should be urged rather against the Tenants of the Land then against the Pernors of the feudal Tithes. And that common distinction of the Canonists, of ius percipiendi, & fructus Decimarum here, is a mere shift, and nothing satisfies, unless they could also teach us how the fructus were the very self same always in Infeodations, and that they were derived from a ius percipiendi in some Clergy man. Perhaps too much of these things; which are little or nothing applicable to England, where we have scarce any example of a Tithe, that was in its nature feodall, other than in such as were taken from Monasteries by the Statutes of Dissolution, and may still be called, as originally, by the name of Consecrated or Appropriated Tithes, although now Infeodated. But thereof see the XIII. Chapter.  
To the 5. §. that speaks of Exemptions, for matter of story may be added that of the Hospitalars. After their exemptions given them with the two other Orders; about the year MCLX. in the Eastern parts they tam Domino 
t Will. Tyrius de bello sacro lib. 18. cap. 3.  Patriarchae quam caeteris Ecclesiarum Praelatis multas tam super Parochiali iure quam super iure Decimationum caeperunt inferre molestas, etc. and received such as were excommunicate for non-paiment of them De praedijs autem suis & universis redditibus quocunque iure ad eos devolutis omninò Decimas negabant. Where by the way note that in this Eastern Church (which, after Jerusalem was recovered and made a Kingdom subject to Western Princes, should have been fashioned according to the Canons of the Western Church) Tithes were now appointed payable, although no authentic Law of that old Eastern Church, once mentions them. But both in this and other things, the people of that Church were still (notwithstanding the new Kingdom of Jerusalem possessed by Europians, and the Pope's authority extended to them) most 
u Quod constat ex Marini San●ti T●●s●lli Secret. Fidelium lib. ●. part. 8 & epist. 8 & Anonym. de recuperat Terr● Sancta cap. 18.  obstinate & refractory against the policy and Institutions offered them either in command or example from the Western.  
After the Opinions of the age in the 6. §. the Laws both Imperial, Provincial, and Pontificial follow in the 7. upon which let it be considered, whether a consecration of Tithes were so made by the power and law of the Church and Common wealth or both (in several Territories, according to the Laws extended) that no profanation or detaining them or any part of them, might afterwards be lawful. and the like should be carefully thought on in the 1. §. of the VII. Chapter, and in the VIII. Chapter which hath the Laws of England, for the same purpose. The force of the words of all those Laws; the Authority that made them; and the Territories to which they were extended, are especially to be observed by every one that here looks after human positive Law. For many talk and write of that, and tell us here of ius Ecclesiasticum (at least if they fail in their Arguments from Ius divinum) but whence that Ius Ecclesiasticum is, and where or when made, they little enough know. For what hath a Provincial Council of one Nation to do with another? What hath the imperials of the old French Empire to do with England? Nay, what hath the Pope's Decrees to do here? But because there was a time when their authority was more largely acknowledged; their Decrees that bred much of what now justly continues in some States (which also justly now deny their authority) remain most observable. and we have given them in their places.   

Of the VII. Chapter.  
IN the last CCCC. years, beside the establishment of Parochial right in Tithes, and the various Opinions touching the immediate Law whereby they are due; the Practice of most Christian Nations, as it might be had out of their Laws and Lawyers, is faithfully related. And to what is there brought, add that of the Law of France, whereby the right of the Tithe of all the Minesis claimed by 
x Ordonances de France liu 2. tom. 2. the Mines & Mineries.  the King, as a droit de Soverainte, according as it is declared by two Edicts published of Charles the IX. and verified also by the Parliament of Paris. according also, the old Imperial Law was. But through all here, you may see that the Customs Statutes and Common Laws, especially of France, Italy and Spain, and of most other, if not all States, permit not, so favourably for the Clergy, an exaction of them, or suit to be so generally brought for them, as the Laws of England did before the Statutes of Dissolution of Monasteries, and still do, if you exempt those cases which are founded only upon those Statutes. What Statute or practice is in this Kingdom, that equals, the Carolines of Spain, or the Philippine of France, which are general Laws for Customs (quatenus Customs) de non Decimando? And whereas England until the Dissolution, had scarce a continuing Infeodation into lay hands (of which see the XIII. Chapter) nor could a lay man by the common Law before the Dissolution, make any title to Tithes as to lay inheritances; in other Nations Tithes infeodated have been from above D. almost DC. years frequent in use, and still continue legally in lay hands, and are subject wholly to Secular jurisdiction, as also other Tithes paid to the Church are, wheresoever any such suit is commenced for them in their Spiritual Courts, as stand not with their liberty challenged from their Secular or Common Law. For every Christian State hath its own Common Laws, as this Kingdom hath. And the Canon Law every where, in such things as are not merely spiritual, is always governed and limited (as with us) by those Common Laws. For by that name are they to be called as they are distinguished from the Canon Law, which hath properly Persons and Things sacred only and spiritual for its object in practice, as the Canon Laws deal with Things and Persons, as they have reference to a Common, not Sacred, use or society established in a Common wealth. Who knows any thing in Holy-Writ knows the use of the word Common to be so distinguished from Sacred. Indeed it hath other notions there also, and it is otherwise understood in ius common, frequently among Canonists and Civilians. But these nothing at all hurt the convenience of this denomination. For by them, Ius common is used as it is opposed to Municipale or Consuetudinarium. But here, and in the nomination of the English Laws, as it is distinguished from Sacred or Spiritual. and so in this sense the allowance of Customs, and parliamentary Statutes (as they ought) fall under the name of Common Law with us. Here I doubt not but it will be an obvious objection, that I should rather call the supreme and governing Law of every other Christian State (saving England and Ireland) the Civil Law; that is the old Roman Imperial Law of justinian. For such a reigning, but most gross Ignorance, is every where almost to be met withal in England, that you shall have it affirmed for clear that all other States are governed only by the Civil Law. Indeed, if they which say so, understood Civil for that which is the Ius Civil of every singular State, it were but the same to talk of Civil and Common Law. For the Common Law of England also is the Ius Civil Anglorum. But it is even with one mouth pretended usually, that the Body of the imperials, read and professed in the Universities, is the Civil Law, that governs (as they say) all other States. But this, howsoever received through lazy Ignorance, is so far from Truth, that indeed no Nation in the world is governed by them. For wheresoever they are supposed to govern (let the brief cleared of so common an error, get pardon for the digression) it must be taken, that they either gourne by their own original authority, as they are imperials, or from their being received for Laws into other States, which are not in that first way subject to them. According to that first way; only the Empire and perhaps a good part of Italy, should be ruled by them. But it is plain, that for the most part, the disposition of Inheritances, punishing of Crimes, course of Proceedings, Dowers, Testaments, and such other, which are of greatest moment under the Legal rule, are even in those States, where, by reason of their first Institution, they retain a kind of authority, ordered by most various Customs and new Statutes of several Provinces and Cities, so differing from those old imperials; that the whole face and course of them is exceedingly changed in practice. This is plain to every one, that observes but the divers Customs and Ordinances of the States subject to the Empire; the Ius Camerale collected by Petrus Denaisius; the Nemesis Karulina, as it is set forth by Georgius Romus; and the many published Decisions or Reports both of the Imperial Chamber, and the Rota's of Rome, Naples, Piedmont, Mantua, Genoa, Bologna, and other parts of the Territory of Italy. You shall find those Decisions, in matters of greatest moment, most commonly grounded on Customary Law, or later Constitutions. So, that to affirm, that in these places the old imperials, or that Civil Law (as they call it) governs, is as if (for example) an equal ignorance should tell us, that Spain were governed only by Alfonso's Parfidas, and Scotland only by malcolm's Laws or the Quoniam Attachiamenta; or that in the time of the old Emperors the Roman State had been always governed only by the XII. Tables, or that England were legally ruled only by the Grand Charter, or by the two volumes of old Statutes. Like accession and alteration as any of these have had, is found in the Empire and in Italy, where the imperials have, through the power of the Emperors and 
y Videses dist. 10. c. 22. & 13. & extr de novi ops. is nuntiatione c. 1.  Popes, any now continuing authority. Now, for other Christian States, which acknowledge no superior, or any subjection to the Empire (except Portugal, where the Roman Civil Law is authorized, by an 
z Videses Suarez. de legibus lib. 3. cap. 8. §. 3.  Ordinance of State, in cases which are not literally comprehended in the Customs or Constitutions of the Kingdom) as France, Spain, Scotland, Denmark, Poland, the City of Venice, and what also in Germany hath made itself fro● from the Empire; what colour is there, that the Imperial Civil Law should govern in them. Indeed in all of them, I think, the reason of it brought into method, is used and applied commonly to ar●●ment, when any of their Customs or Statutes (which are especially in France and Spain very voluminous) come in question, because the Practisers studied it in the Universities, & had thence their Degrees given them; which yet they had not, till about some CCCC. years since, neither before about that time was a Doctor or Professor of them known on this side the Alpe●. But as it is Law, it neither binds nor rules with them, no more than the old stories of Heredotus, Thucydides, Diodore, Polybius, josephus, Liute, Tacitus, and the like, or Cicero and Demosthenes, or Plato's Laws, and other of that kind; which are equally sometimes used for reason or example, specially by the Practisers of France. And so the old Imperial Civil Law valet pro ratione (as Bertrand d' Argentre, Precedent of the Parliament of Rennes 
a Ad Consuet. Brit. tit. 22. de Succestionibus, ad rubricam.  says) non pro inducto iure; & pro ratione only quantum Reges, Dynastae, & Respublicae intra potestatis suae fines valere patiuntur And in France and Spain, Laws 
b Vide Chappin. du Domains etc. liu. 2. tit. 15. §. 5. Bodin de Repub. lib 1. cap 8. Suarez ubi supra etc. Philip. 2. in pragmatica ante collect. L●gum Ro●ni.  were some CCC. years since expressly made, that the Imperials should have no force in them. And in Scotland it is ordained, that no Laws have force there, but the King's Laws 
c Parl. 3. jacobi 1. cap. 48.  and Statutes of the Realm, and that it should be governed by the common 
d Parl. 6. jacob. 4. cap. 79.  Laws of the Realm, and by none other Laws. Doubtless, Custom hath made some parts of the imperials to be received for Law in all places where they have been studied; as even in England also, in Marine causes, and matter of personal Legacies. But is England therefore governed by them? It were as good a consequent to conclude so, as to affirm, that any of the other States were, because some petty things are ordered according to some Imperial Text received and established by Custom. But this may seem no fit place to speak more (perhaps not so much) to clear this gross error of such as yet pretend to know more then vulgarly, but can make no difference twixt the use of Laws in study or argument (which might equally happen to the Laws of Utopia) and the governing authority of them. If any desire to search further here, beside the authorities cited in the 
e Vide extr. tit. de Privileg. c. 28. super specula, & ibid. Hostiens. l. Andr. Anton. de Butrio. item Choppin. du Domaine, liu. 2. tit. 35. §. 5. Bodin de Repub. lib. 1. cap. 8. & ante alios Suarez de Legibus, lib. 3. cap. 8. v●de etiam pr●sat. ad Statut. Polonia, Prilusij.  Margin, let him especially see I. Baptista à Villalubos 〈◊〉 Antinomia juris regni Hispaniarum ac Civilis, & note especially lafoy Conference du droit Francois avec le droict Roman, composed by Bernard Automne, and observe both the Volumes of Statutes and Ordinances of Spain, France, Scotland, Poland, and of other Countries, together with the various Provincial Customs, especially in France, with the Arrests, Decisions and Playd●●es of that Kingdom, and he shall soon be confirmed in that which a great Civilian of Italy is ingenuous enough to tell us; Hispania, Anglia, Scotia, Balia, Hibernia, Alemania, Datia, Suetia, Vngaria, Boemia, Polonia, Bulgaria 
f Hieronym. ●igas tract. de Crin. lasa Mayest. lib. 3. quast. ●3. §. 18. & 19  non utuntur legibus seu iure civili, sed specialibus consuetudinibus 〈◊〉 statutis, that is, they are all governed by their own common Laws. 〈◊〉 that most learned Friar 
g In Compond. Theolog. citatur in Notis, ad Furtisc. pag. 43.  Bacon, of his time; Omne regnum habes sua 〈◊〉 aquibus laici reguntur ut iura Angliae & Franciae, & ita fit justitia in 〈◊〉 per Constitutiones quas habent sicut in Italia per suas. This was then, and is now true. And the Interpretation of those common Laws in most places, save England and Ireland, hath of late time been much directed by the reason of the imperials, and only by the reason of them (not by their authority) and that also in case when they are not opposite at all to the common Laws, but seem to agree with the Law of Nations or common reason. And this use of them, at the furthest, began in its youngest infancy, not C.D.LX. years since. For before that, even from justinian's time, they lay wholly out of use: saving only, that some pieces of them, with the Interpolations of Alaricus and his Chancellor Anian, together with Lumbardine Additions and Interpretations, had their power in some parts of Italy and the Empire. But for about D.C. years together, that is, from justinian till Frederique Barbarossa, no Profession was of them in any University, no Doctorship, no other Degree taken in them. But after that time, they grew into a common Profession in this Western world (although by their own authority they are confined to Rome, Constantinople, and Berytus) and even here in England were, about Henry the thirds time, often applied to the common Law in discourse and argument, as you may see in Bract●n his frequent quotations of them. And heretofore some texts of them have been in our Courts cited; not only as at this day sometimes is done (when the words only of some of the regulae juris is brought into an argument) but the Title and Law, after the Civilians fashion, hath been remembered at the Bar, and so afterward expressed in the Report, as I have seen in an example or two in the Mss. years of Edward the 
h In Biblioth. Int. Templi.  second. Yet, notwithstanding that, it is clear, that England was never governed ●y the Civil (or Imperial) Law, as it was also affirmed by the upper House of Parliament in 11 Rich. 2. where the King and Lords protested also, that their meaning was, it never should be governed by it.   

Of the VIII. Chapter.  
Out of this fullness of Laws that were made for Tithes in England, let it be considered (by such as inquire here de iure) what interest was of right settled in the Clergy by them (howsoever they were little obeyed) And by what Autorttie made (we have carefully added still what might help to a judgement in that also) and how extensive, in regard of Persons and territory, they were, and some such other; and how far the Tithes might be, after such Laws, detained or made subject to Customs, or possessed as things of common use, The Laws of before, as well as of after the Norman Conquest (as it is vulgarly called) are here gathered, and are perhaps equally observable, as the rest, in the consequent of a general consecration of Tithes to the Church in England. For neither were the Laws formerly made, abolish by that Conquest, although, by Law of 
i Vide Quintilien lib. 5 Institution. cap. 10. Atheric. Gontil de iure belli lib. 3. cap. 5 & Hetoman. Illust. quast 5.  War, regularly all Rights and Laws of the place conquered, be wholly subject to the Conquerors will. For in this of the Norman, not only the Conquerors will was not declared, that the former Laws should be abrogated (and until such declaration, Laws remain in force, by the opinion of 
k Calvin's ●ase, fol. 17. b.  some, in all Conquests of Christians against Christians) but also the ancient and former Laws of the Kingdom were confirmed by him. For in his fourth year, by the advise of his Baronage, he summoned to London, Omnes Nobiles sapientes & l●ge suâ erud●tos, ut eorum leges & consuetudines audiret, as the words are of the Book of Lichfield, and afterward confirm them, as is further also related in 
l In Hen. 2. pag. 347.  Roger of Hoveden. Those Lege suâ eruditi were common Lawyers of that time, as Godric and Alswin were then also, who are spoken of in the Book of 
m Ms. lib. 2. pag. 33. & 36. in Bibl. Cotton.  Abingdon, to be Legibus patriae optime instituti, quibus tanta secularium facundia & praeteritorum memoria eventorum inerat, ut caeteri circumquaque facilè eorum sententiam, ratam fuisse, quam ed cerent, approbarent. And these two, and divers other Common Lawyers then lived in the Abbey of Abingdon, Quorum collationi nemo sapiens (says the Author) refragabatur, quibus rem Ecclesiae publicam tuentibus eius oblocutores elingues fiebant. You must know, that in those days, every Monk here in England, that would, might remain so secular, that he might get money for himself, purchase, or receive by descent to his own use. And therefore it was fit enough for practising Lawyers to live in Monasteries. But what had those praeteritorum memoria eventorum (that is, Reports and adjudged Cases of the Saxon times) availed in their skill, if the former Laws had not continued? More obvious Testimonies to this purpose are had out of 
n Videses Cok● Praesat. ad Relat. 3. & 8. & si placet Hot. ad Fortese. pag. 7. & 8.  Gervase of Tilburne, Ingulphus, and others, and we here omit them. But also, indeed, it was not to be reputed a Conquest, or an Acquisition by right of War (which might have destroyed the former Laws) so much as a violent recovering of the Kingdom out of the hands of Rebels, which withstood the Duke's pretence of a lawful Title, claimed by the Confessors adoption, or designation of him for his Successor; his nearness of blood on the mother's side not a little also aiding such a pretence to a Crown. For the Confessors mother Emme, was sister to Richard the second, Duke of Normandy, to whom, William was Grandchild and Heir. But these were only specious Titles▪ and perhaps examined curiously, neither of them were at that time enough. And howsoever his conscience so moved him at his death, that he professed he had got 
* Historia Cadonensis.  England only by Blood and the Sword, yet also by express declaration in some of his Patents, he before pretended his right from the Confessors gift. 
p Chart. Eccles. Westm. in Inspex. part. 7. 1 Ed. 4. membr. 26. & vide Camden. pag. 104.  In ore gladij, saith he, Regnum adeptus sum Anglorum, devicto Haraldo Rege, cum suis complicibus, qui mihi regnum cum providentia Dei destinatum & beneficio concessionis Domini & cognati mei gloriosi Regu Edwardi concessum conati sunt auferre etc. And the stories commonly tell us that the Confessor successionem Angliae ei dedit. And although Harold also pretended a devise of the Kingdom to himself made by the Confessor in extremis, and urged also that the custom of England had been from the time of Augustine's coming hither, 
q Ms. siue Author Gu●l. Pictau. sive quis alius sit. in Bibl. Cotton.  Donationem quam in ultimo fine quis fecerit, eam ratam haberi; and that the former gift to the Norman and his own Oath for establishment of it were not of force, because they were made 
r Malmesb. lib. 3. the gest. Regum. pag. 56. a. alij in Will. 1. & videses Matth. Paris in Hen. 3. pag. 1257. edit. Londin.  absque generali Senatus & Populi conventu & edicto; yet for his own part he was driven to put all upon the fortune of the field, and so lost it. and the Norman with his sword & pretence of the sufficiency & precedence of the gift made to himself, got the Crown as if he had been a lawful Successor to the Confessor, and not a universal Conqueror. All this is plain out of the stories, and justified infallibly by that of the Titles of many common persons made to their possessions in England after his Kingdom settled, upon the possession of themselves or their Ancestors in time of the Saxon Kings, especially of the Confessor. but this was always in case where they by whose possession the title was made, had not incurred forfeiture by Rebellion. many such Titles are clearly allowed in the book of doomsday, written in the Conqueror's time. one specially is noted by the most learned Camden in his Norfolk. that, as I remember, is touched in doomsday also, but enough others are dispersed there which agree with it. How could such Titles have held if he had made an absolute conquest of England, wherein a universal acquisition of all had been to the Conqueror, and no title could have been derived but only from or under him? More might be brought to clear this; but we add here only the judicious assertion of a great 
s Shared in Caes. in I●i●. Temp. Ed. 3. fol. 143. b.  Lawyer of Edward the thirds time. Le Conqueror (saith he) ne vient pas pur ouster eux que anoient droiturell possession mes de ouster eux que de lour tort avoient occupy ascun terre en desheritance del Roy & son corone. It was spoken upon an Objection made in a Quo warranto, against the Abbot of Peeterborough, touching a Charter of King Edgar, which the King's Counsel would have had void, because, by the Conquest, all Franchises, they said, were devolud to the Crown. But, by the way, for that of his nearness of blood, which could not but aid his other pretended Title; let it not seem merely vain, in regard of his being a Bastard. There was good pretence for the help of that Defect also. For, although the Laws of this Kingdom, and, I think, of all other civil States at this day, exclude Bastards (without a subsequent legitimation) from inheritance; yet by the old Laws used by his Ancestors & Country men, that is, by those of Norway, a Prince's son gotten 
t Vide Roger de Honed. in Richard. 1. fol. 425. & 347.  on a Concubine bond or free, was equally inheritable as any other born in Wedlock; which was, I believe, no small reason why he stood at first so much for the Laws of Norway to have been generally received in this Kingdom. and some Stories also which make mention of Duke Robert his getting William on that Arlet or Arir● (as she is sometimes written) say that she was to him a good while vice uxoris So Henry of 
u In Bibl. 〈◊〉.  Knighton Abbot of Leicester: Transiens, saith he, Robertus aliquando per Phaleriam urbem Normanniae vidit puellam Arlec nomine Pell●parij filam inter cateras in chorea tripudiantem: nocte sequent illam sibi coniunxit, quam vice uxoris aliquamdiù tenens Willielmum ex ea generavit. And he tells us also the common tale of tearing her smock. If she were so his Concubine or Viceconiux (between whom and a wife even the old 
x ff de Legat. 3. L. Item Legato 49. §. 4.  imperials make no other difference but honour and dignity; and by them also some kind of inheritance is allowed to 
y Authent. 89. c. 12. dis●reu● igitur etc.  such Bastards as are Naturales liberi, that is gotten on Concubines;) it was much more reasonable that her son should be reputed as legitimate, then that the son of every single woman bond or free, whether Concubine or no, should be so, as those Laws of Norway allow. and when he had inherited his Dukedom, he made, doubtless, no question but that his blood was as good in regard of all other inheritances that might by any colour be derived through it. and therefore William of Malmesburie well styles him proximè consanguineus also to the Confessor, as he was indeed on the Mother's side. and those 
z Videses Malmesb. de gest. Reg. lib. 2. fol 52.  of the posterity of Edward son to Ironside, were then so excluded or neglected that their nearness on the Father's side could not prevent him. you may see the common stories of them. But whereas that excellent 
a 18. Ed. 4 fol. 30. a  Lawyer Litleton says, that William the Conqueror was called a Bastard because he was born before marriage had between his Father and Mother, and that after he was born they were married (which indeed by the 
b C. tit. de Nat. lib. c. cum qua 10. etc.  imperials and by the general Law of 
c Videses Bacquet de Domain in Fr. ●ra●ct▪ du Bastardise chap. 9 etc.  France would have made him wholly legitimat) I doubt he had but little or no ground to justify it. Had he been so legitimat, it is not likely he should have been styled so commonly and anciently Bastardus, which name even in his 
d Apud Camden in Richmondia.  own Charters he sometimes used with cognomento, as also the Bastards of the old Philip Duke of Burgundy were wont to do; although of later time it be reputed as a name of dishonour; and the actio iniuriarum, or an action upon the case lies where ever it be falsely objected, as some will 
e Videses Pont. Hen●erum de liberis Natural, cap. 12.  have it. But these things prove enough that this William seized the Crown of England, not as conquered, but by pretence of gift or adoption, aided and confirmed by nearness of blood; and so the Saxon Laws formerly in force could not but continue. and such of them as are now abrogated, were not at all abrogated by his Conquest but either by the Parliaments or Ordinances of his time and of his successors, or else by non-usage or contrary custom.  
The Laws that are here gathered are for the most part Latin, Saxon, or French. The Saxon is interpreted by the old Latin. But the Latin and French are left only in their own words. I presume, scarce any man that with the least care studies the subject, will confess he understands not the context of such Latin. And the French I translated not, specially because it is but the same which is in our old year Books and Statutes, and may indeed even as soon be understood by any fit Reader of the rest, as I could have translated it. and I think the judicious Searcher desires rather the original tongue whatever it be, than a translation. Therefore I suppose (if he have not studied the Laws, or otherwise know it) he will rather take some minutes pains than blame me for not turning it. and howsoever to divers peevish Ignorants, out of their dainty stomaches, and a pretence of nothing but the more polished literature, it may here seem barbarous and distasteful; the truth is, it was the plain and genuine French of elder time spoken in the English Court, and now loathed only by such a know not at all how to judge of it, nor understand the original whence it came to be and remain so with us. I remember that old 
f In Panegyric. ad Originem.  Father Gregory of Neocaesarea (whom they call Thaumaturgus) speaking of the old imperials of Rome, as they were in their Latin (which both then was, and now is a most accurate and polite phrase) commends them for that they were indeed in an admirable and stately language, and in such a one as fitted an Imperial greatness, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, saith he, Yet to me it is crabbed and troublesome. and so he says he was ever driven to think of it. yet in his youth he was put to study them at Berytus, and was taught Latin to that purpose. If to so great a man that curious language could seem no pleasanter when he studied it, it is the less wonder that the Law French (which doth as truly and fully deliver the matter in our Laws, as the Latin in the imperials; though indeed far from polite expression) should be so contemptible among the many petty Ignorants which usually despise what ever their lazy course of studies hath not furnished them withal, and most indiscreetly censure things only as they see them present, without regard to the cause or original of them, which made them that they were first inevitable and afterward remained, not without exceeding difficulty (if at all) alterable. But this by the way.   

Of the IX. X.XI.XII.XIII. and XIV. Chapters.  
Upon the discovery of the Original of our Parishes, of the ancient and late Practice of Tithing here, of arbitrary Consecrations of Tithes made by the laity, of the first settling of Parochial right to Tithes in England, of Appropriations, of Exemptions, of Infeodations, and the ancient jurisdiction of Tithes (all which take up these VI Chapters) no fit Reader can be so blind as not to see necessary and new assertions and consequents to be made out of them in every inquiry that tends to a full knowledge of the true and original nature of Tithes, as they are possessed or detained by either Lay or Clergy man, in respect only of any human positive Law or civil Title. But we should here briefly admonish somewhat of our appropriated or consecrated Tithes, and conclude all with a touch of the Canon Laws ancient authority, which in practice made such alteration in England, as is showed, about the year M.CC  
To the matter of Consecrations and Appropriations here, apply what is admonished touching them in the Review of the VI Chapter. and let every man first carefully look that he know the course of old Appropriations. and the way how the Monasteries and Colleges came by them, before he conclude rashly of the Tithes that are possessed through them. Tithes consecrated and appropriated were purposely dedicated to the Almighty and his Service, although not without mixture of superstition, that we are sure of. But although a Tithe generally were due to the evangelical Priest iure divino (without any civil Title) yet we are nothing sure that all or the most appropriated or consecrated▪ Tithes are the self same Tithes so due. which yet is supposed as clear, and never further thought on by such as have troubled themselves and their Readers whi●h arguments for the Church, in the point of Appropriations. Let him that shall now write of them, see here the way how to consider them. And let him that detains them (and beleeus them not due iure divino) think of the ancient Dedications of them made to holy uses. and however they were abused to superstition, as the other large Endowments of the Church, before the Reformation; yet follows it not, without further consideration, that therefore, although so dedicated, they might be profaned to common uses and Lay hands. Consult herein with Divines. But I doubt not but that every good man wishes that at our dissolution of Monasteries both the Lands and Impropriated Tithes and Churches possessed by them (that is, things sacred to the Service of God, although abused by such as had them) had been bestowed rather for the advancement of the Church to a better maintenance of the labouring and deserving ministery, to the fostering of good Arts, relief of the Poor, and other such good uses as might retain in them, for the benefit of the Church or Commonwealth, a Character of the wishes of those who first with devotion dedicated them (as in some other Countries 
g Christop Hinder as bo●is Ecclesia in ducat. Witenberg. pag. 94. etc.  upon the Reformation was religiously done) then conferred with such a prodigal dispensation, as it happened, on those who stood ready to devour what was sanctified, and have (in no small number) since found such inheritances thence derived to them, but as Seius his Horse or the Gold of Tholense. But I abstain from censure, and add here by the way, a complaint made to the Parliament not long after the Dissolution, touching the abuse that followed in the Church through Lay men's possessing of Appropriated Churches and Tithes. It deserves to be seriously thought on by every Lay man that now enjoy any of them, especially where Divine service is not carefully provided for. Ye that the Lords and Burgesses of Parliament house (so are the 
* Ex libello dicto. The complaint of Roderik Mors sometime a Gray friar etc. olim impress. Geneu●.  words of it) I require of you in the Name of my poor Brethren that are English men and members of Christ's body, that ye consider well (as ye will answer before the face of Almighty God in the day of judgement) this abuse and see it amended. Whanas Antichrist of Rome durst openly without any visor walk up and down thorough out England, he had so great favour there, and his children had such crafty wits (f●r the children of this world are wiser in their generation than the children of light) that they had not only almost gotten all the best lands of England into their hands, but also the most part of all the best Benefices both of Personages and Vicarages, which were for the most part all impropred to them (the Impropriations held by them were much more than one third of all the Parish Churches in England divided into three parts) And when they had the gifts of any not impropred, they gave them unto their friends, of the which always some were learned, for the Monks found of their friends children at school. And though they were not learned, yet they kept hospitality, and helped their poor friends. And if the Parsonage were impropred the Monks were bound to deal Alms to the poor, and to keep hospitality, as the writings of the gifts of such Parsonages and Lands do plainly declare in these Words, in puram eleemosynam. And as touching the Alms that they dealt, and the Hospitality that they kept, every man knoweth that many thousands were well received of them, and might have been better, if they had not had so many great men's Horse to feed, and had not been overcharged with such idle Gentlemen, as were never out of the abbeys. And if they had any Vicarage in their hands, they set in sometime some sufficient Vicar (though it were but seldom) to Preach and to Teach. But now that all the abbeys with their lands, goods, and impropered Parsonages, be in Temporal men's hands; I do not here tell that one halfpenny worth of Alms or any other profit cometh unto the people of those Parishes. Your pretence of putting down Abbeys, was to amend that was amiss in them. It was far amiss, that a great part of the lands of the Abbeys (which were given to bring up learned men that might be Preachers, to keep Hospitality, and to give Alms to the poor) should be spent upon a few superstitious Monks, which gave not XL. pound in Alms, when they should have given CC. It was amiss, that the Monks should have Parsonages in their hands, and deal but the XX. part thereof to the Poor, and preached but ones in a year to them that paid the Tithes of the Parsonages. It was amiss, that they scarcely among XX. set not one sufficient Vicar to preach, for the Tithes that they received. But see now how it that was amiss is amended, for all the godly pretence. It is amended even as the Devil amended his Dame's leg (as it is in the Proverb) when he should have set it right, he broke it quite in pieces. The Monks gave to little Alms, and set unable persons many time in their Benefices. But now, where XX. pound was given yearly to the Poor, in more than in C. places in Ingland is not one meals meat given. This is a 
* saire.  fear amendment: Where they had always one or other Vicar, that either preached, or hired some to preach, now is there no Vicar at all; but the Fermer is Vicar and Parson altogether; and only an old castaway Monk or Frere, which can scarcely say his Matins, is hired for XX. or XXX. shillings, meat and drink, yea in some places for meat and drink alone, without any wages. I know, and not I alone, but XX.M. mo●, know more than D. Vicarages and Parsonages thus well and Gospelly served, after the new Gospel of Ingland. And so the Author goes on with sharp Admonitions to the Lay men, that fed themselves fat with the Tithes of such Churches, while the souls of the Parishioners suffered great famine for want of a fit Pastor; that is, for want of fit maintenance for him. for without that, he is scarce to be hoped for.  
But we conclude with that of the Canon Laws getting such force, and making such alteration in matter of Tithes about the year M.CC when through it, Parochial payment became first to be performed here, or elsewhere, generally, and as of common right (where other titles prevented it not) and through it only; not through the ancienter secular Laws made here for Tithes. For the suits for them in the Spiritual Courts either were all grounded upon the Canons; or the common right of Tithes was now supposed in the Libel as a known duty to the Clergy, without secular Law. It may soon be apprehended, that it was much less difficult about that time, than any other, for the Popes and their Canon Laws to gain more obedience among subjects, and execute more authority over Lay possessions, when also they so easily usurped power over supreme Princes, which yielded to them. For no time ever was, wherein any of them more insolently bare themselves in the Empire, never near so insolently in England, as in the continuing times next before and near about this change. And to all States the Church of Rome now grew most formidable. Remember but the Excommunication and Correcton suffered by Frederique Barbarossa, Henry the sixth, and other Princes of the Empire, and by our Henry the second, and King john. the stories of them are obvious. And our Richard the first, between those two, to gratify the Clergy here for their exceeding liberality, in contribution to his Ransom from Captivity, with great favour gave them an indulgent Charter 
h Apud Innocent. 3. Epist. Decretal. lib. 2. pag. 242. edit. Colon.  of their Liberties; which being joined with those other prone and yielding Admissions of the Ecclesiastic Government over the Crown (●o were the times) doubtless gave no small authority to the Exercise of the Canon Law in those things, which before about that time were diversly otherwise. Neither was that part of the Canon Law, which would have a General and Parochial payment of Tithes, not only second to any, in regard of the clergy's profit; but also none other, doubtless, was so great as it, in gaining the Clergy a Direct and certain Revenue. Therefore it was not without reason on their side▪ at such time as they saw the Power of Rome, that is, the authority of Decretals and of the Canons grew most dreadful to Prince and subject, that they should urge this on to a continuing practice, and that with execution of the reigning Censures of the Church. Hence have the Canons, in this point, hitherto here continued, and have been and are binding Ecclesiastic Laws, saving wherein the later express Laws of the Kingdom cross them. And thus out of the quality of the time, with regard to the practised insolency of the Pope and his Clergy, in putting their Canons and Decretals in execution, that received general practice of Parochial payment (near almost according to the Canons) and other such alterations, that suddenly varied from former use, and from the liberty of the Lay subject, must have its original; not from any want of the Canons of the Church of Rome, as if they had not been here at all had or read, before about that time. For doubtless, the Canon Laws were here used and practised as far forth as the Clergy could make the laity subject to them. For, about D. years before this alteration, good testimony is of the public and solemn receiving of the Codex Canonum vetus Ecclesiae Romanae (mentioned by old Popes 
i Dist. 19 c. 1. Si Romanorum. Dist. 20. c. de Libollu.  for the eldest and most authentic Body of the Canon Law of the Western Church) and that in a national Synod held in D. C.LXX. under Theodore and Wilfrid Archbishops; where, with one voice, the Clergy answered Theodore, Optime 
k Beda hist. Eccles. lib. 4. cap. 5.  omnibus placet quaecunque definierunt Sanctorum Canones patrum nos quoque omnes alacri animo libentissimè servare. quibus statim (says Theodore) p●otuli eundem librum Canonum etc. But at that time there was no Law for Tithes, or mention of them in the known Canon Law of the Church of Rome, or in any other Provincial Canons, saving in that of the second Synod of Mascon. Afterward also we find that Leges Episcopales 
l Vide Cap. 14. §. 1. , which were served by William the first from the Hundred, and confined to the Bishop's Consistory; that we may omit the national or Provincial Constitutions of this Kingdom, made in those elder times, according to the old Canons of the Church of Rome. And X. years before Gratians Decree written, it is certain, that the Canons of the Church, generally by the name of Canon's and Canonum Decreta (for divers collections were of them, an some also confirmed by Papal authority, beside the Codex Vetus, before that of Gratian) were familiarly talked of and urged in that great 
m G. Malme●b. hist. Novel. lib. 2. pag. 103. b.  Controversy in the Synod of Winchester, in the fourth year of King Stephen, touching the Castles of Newarke, Salisbury, and the vieth; where the King denied utterly, Censuram Canonum pati; that is, to have it determined by them, whether, or no, the two Bishops, Roger of Salisbury, and Alexander of Lincoln, might lawful keep their Castles that they had fortified. But while the rest of the Bishops stood so much upon their Canons, and even in the face of Majesty professed a rebellion, the King and the Lay subjects, it seems, grew so exasperated against them, that by public command, for preservation of the liberty of the Crown and laity, they were forbidden to be of any more use in the Kingdom. For so perhaps is that to be understood (as we have elsewhere 
n jan. Angl lib. 2. § 43 vide, si ●lacet, Not. ad Fortisc. pag 43. & 44.  noted) in john of Chartres, 
o De nug●s Curtae lium, lib. 8 cap. 21.  where he says, that Tempore Regis Stephani à regno iussae sunt Leges Romanae quas in Britanniam domus Venerabilis Patris Theobaldi Britanniarum Primatis asciverat. Ne quis etiam libros retineret, edicto Regio prohibitum est. What he calls Leges Romanae, the most learned Friar Bacon mentioning the same story, styles Leges Italiae, and takes them for the Roman imperials, and not for the Canan Law. I confess, I see not enough clearly here to judge (upon the words of john of Chartres) whether it were the Canons or the imperials. on the one side, If we say he meant that Theobald or his Clergy, brought the Roman Canon Law; it might so seem as if it had not been here before in the hands of the Clergy, nor partly practised by them. Which doubtless is otherwise. If on the other side we understand the imperials (Copies of which indeed might well be at that very time brought as a novelty hither; for they were then newly found; and plainly in Henry the seconds time, they were here in the hands of the more curious Scholars, as you may see by john of Chartres his citing of them) how then is that true which he presently after says of the increasing power and force of those Leges Romanae? Sed, saith he, Deo faciente eò magis virtus legis invaluit quo eam amplius nitebatur impietas infirmare. What force or power at all had the Imperial here afterward? where is any sign of it? But the objection against that which might prove them not to have been the Canon Laws, may not difficultly perhaps be answered. It is true that the Canons of Rome were here before, and read, and partly practised in the Church. But divers Collections were of them about this age of King Stephen, and perhaps some later and larger Collection might be brought hither by Archbishop Theobald, or some of his Clergy, which are understood, I think, in that Domus Venerabilis Patris Theobaldi. He himself perhaps might bring ivo's Decree (when he came from Rome in 3. of King Stephen) and endeavour the strict practice of it here; which the King and the Lay subject had reason enough to dislike) or some of his Clergy might perhaps afterward bring in Gratians Decree, that was both compild by Gratian and confirmed by Pope Eugenius the third, about ten years before Theobalds' death, that is, about 16. of King Stephen. And this way those words of Legis virtus invaluit, may have their truth. For however that opposition against the Canon Law were, it is most certain that this first part of the body of it (the Decree) was presently upon the first publication of it in use in England, and familiarly cited by such Divines as talk● of what had reference to it, witness especially 
p In Symbol. elect. 〈◊〉. in Bibl. Cot.  Giraldus Cambrensis in his Epistles. and the practice of the Canon Law here for the time of Henry the second, is seen in the Epistles of that john of Chartres; which yet remain and are, I think, the ancientest examples of proceedings in our spiritual Courts. But notwithstanding that first part of the body of the Canon Law, which expressly commanded Tithes to be generally paid, were here soon received among the Clergy, yet about L. years after that, the former course of arbitrary Consecrations of them continued. and both that and the rest of those courses in disposition of Church-revenues which so differ from the Canons, and from the practice of this day, was not fully altered till some decretals came hither with more powerful and dreadful authority (as the times were) of some of the following Popes, especially of Alexander the third, and Innocent the third, which two alone, I think, sent as many commanding decretals into every Province as all their Predecessors had before done; and especially into England, as is already showed, they sent divers (only for the matter of Tithes) which were all first of Papal authority for the particular ends for which they were sent, and so were obeyed as Canon Law, although none of them became parts of the general Canon Law until Gregory the ninth put some of them into his decretals authorised by him in the year M.CC.XXX. about which time perhaps and divers years before, the Canon Law of Rome was not only read here privately among the Clergy, but professed also in Schools appropried to it. so I guess is that close Writ of 19 Hen. 3. to be understood, which prohibited the holding of Scholae Legum in London. it was directed to the Mayor & sheriffs commanding them, 
q Claus. 19 Hen. 3. membr. 22.  Quod per totam Ciùitatem London Clamari faciant. & firmiter prohiberi ne aliquis Scolas regens de Legibus in eadem Civitate de caetero ibidem Leges doceat. Et si aliquis ibidem fuerit huiusmodi Scolas regens ipsum fine dilatione cessare faciat T. Rege apud Basin. XI. die Decembris. This was five years after the decretals published. and it seems most probable, that these Leges were Canon Laws, perhaps mixed (as usually they were) in the profession also with the Imperials (for both of them were, it 
r videses 39 Hen. 3. apud Matth. Paris hist. maiori a. d. 1255.  seems, studied here under Henry the third by the Clergy, more than any other part of learning) and therefore were forbidden as being both, in regard of their own authority, against the supreme Majesty and independency of the Crown of England.   
The end of the Review.   

The ancient Records and other Manuscripts, Used in this History of Tithes; with references to the places where they are cited, and to the Offices and Libraries wherein they remain.  
they are specially therefore here collected that the more learned Reader (being perhaps, out of his own Studies, furnished with the most or all of what we have out of printed Testimonies) may at one view, without pains of reading the whole, be directed to all of them. I presumed he might wish for such a collection; which was neither difficult for me to make; nor will it be hard for any man that hereafter transcribes or Prints it, to alter the numbers of the Pages according to his transcribed or printed Copy. the Margin will easily help him.  
W●th these I reckon also that book of Parliaments (for the most part, of the time of Ed. 1.) remaining in the hands of that courteous and worthy Gentleman Mr. I. Borough. it is cited, pag. 285.286.366.367.  

Records in the Tower of London. Of the time of 

King Ethelbert, p. 252.  
William the first, pag. 351.413.483.  
William the 2. p. 416.  
Henry the first, p. 325.352.353.417.  
Henry the 2. p. 350.351.445.  
King john, chap 2. §. 8. & p. 352. 353.387.4●5.  
Henry the 3. chap. 6. §. 2. & pag. 194. 265.267.284.286.352.358.391.4●3.435.436.437.444.445.446.491.  
Edward the first, p 364.435.438.  
Edward the 2. p. 368.436.  
Edward the 3. p. 106.176.237.238.239.240.241.436.441.442.443.  
Henry the 4. p. 242. 3●3  
Henry the fifth▪ p. 369.   
W●th these I reckon also that book of Parliaments (for the most part, of the time of Ed. 1.) remaining in the hands of that courteous and worthy Gentleman Mr. I. Borough. it is cited, pag. 285.286.366.367.   
In the Office of Receipt of the Exchequer. 

The Book of doomsday, p. 203.216.279.280.281.361.405.483.    
Records of the time of 

Richard the first, p. 374.381.386.  
King john, p. 382.383.384.439 440.  
Edward the first, p. 366. 367·389.390.332.  
Edward the second, p. 448.  
Edward the third, p. 363.    
In the Office of the King's Remembrancer. 

The Red Book of the Exchequer. pag. 227.    
In the Prince's Library. 
King Knouts Laws (pag. 223.224.) It is a most ancientest and perfect Copy of them in Latin.   
In the public Library of Oxford. 

joannes Anglicus his Historia Aurea. pag. 275.  
The Legend of the Lord and Parson of Cometon, at the end of johannes de Grandisono his life of Thomas Becket. ibid.  
An Epistle of the University (touching Personal Tithes) to the Convocation of the Clergy. p. 171.  
Thomas Elmham Prior of Lenton his Chronicle of Henry the fifth. Chap. 1. §. 4.    
In the Inner Temple Library. 

The years of Edward the second at large. pag 481.    
In the Library at Paul's. 

Ivo his Decreta. Chap. 5. §. 5. twice.    
In Sir Robert Cottons Library. 

Chartularies or Leiger-bookes of the 

Church of Vtrecht, chap. 5. §. 2. in marg. & chap. 6. §. 2.  
Abbey of Abingdon, chap. 5. §. 3. & p. 208.282.298.299. etc. to 306.419.420.482.  
Church of Worcester, chap. 5. §. 3.  
Church of Landaff, or Tile, p. 250. in margin.  
Priory of Gisburn, p. 272.308.441.  
Church of Rochester, p. 282.310. etc. to 318.  
Abbey of Reding, p. 283.284 319.  
Abbey of Osney, pag. 306.307.308.357.397.398.399.400.401.402.  
Nunnery of Clerkenwell, p. 319.  
Nunnery of Chartris pag. 363.  
Abbey of S. Albon, p. 324.325. to 329.447.  
Priory of Bosgraue, p. 330. to 334.397.  
Priory of S. Needs, p. 334.378.  
Hospital of S. leonard's, p. 336.337.  
Priory of Merton, p. 440.    
A most ancient copy of the Synod of 742. held under Carloman, bound with a Ms. Ansegisus, chap. 5. §. 3.  
Fridegodus, pag. 271. And a Bull of Lucius the second, in the same Volume, pag. 97  
Bernardus Morlanensis, pag. 118  
ivo's Epistles. pag. 125  
A Volume of Decretal Epistles, wherein are the most of those in Appendix Concilij Lateranensis, pag. 145. & 161  
Henry Knighton Abbot of Leicester his History, pag. 147.484  
Excerptiones Ecberti Arch. Eboracensis, pag. 196.197  
Nicholas of Gloucester, pag. 204 and a French fragment in the same Volume, pag. 205  
Robert of Gloucester, pag. 206  
john Pike, pag. 206  
Saxon Chronicles of 

Peterborough  
Abingdon  
Canterbury   pag. 206.  
Statuta Synodorum, pag. 210.211.212.263.264.  
Saxon Laws in Saxon, pag. 213.219 222. And an old Exhortation in one of the Volumer of them in 8. chap. 5. §. 6.  
Historia jornallensis, written by john Brampton, pag. 213.214.215.219.222.223.  
Saxon Laws in Latin, p. 214  
Bede in Saxon, p. 253.259.271.276.  
Fleta, p. 216.428.  
The story of the Church of Landaff, pag. 250. and a Council of the year 816. (used in pag. 261. & 277.) and some Decrees of Odo Archbishop of Cant●rburie are bound up with it, cited pag. 217. And in the same Volume, the life of S. Cadoc. pag. 276  
A Council under King Ethelred, pag. 220.221.222.  
A Book full of late collections out of some Saxon and Latin Monuments of this Kingdom, in a large 4. pag. 225.226.227.  
Lanfranks Epistles, pag. 227  
Regularis Concordia Monachorum etc. pag. 263  
Fulcardus Dorobernensis, pag. 272. and in the same Volume a Bull of Gregory the ninth, and a Charter of Athelstan, cited pag. 271. & 272. and a Writ to the Sheriff of York about Tithes, pag. 417  
Turgotus Prior Dunelmensis, pag. 276.  
The life of Saint Cuthbert, pag. 282.  
Thomas Sprot, a Monk of Canterbury, p. 321.322.323.397  
Petrus Blesensis his continuance of Ingulphus, p. 323  
Matthew Paris his lives of the Abbots of S. Albon. p. 329  
Original Instruments remaining there, pag. 193.338.339 to 350.359.373.379.414.415.  
Anselmes Epistles, pag. 376.377. the published copy wants very many.  
Giralaus Cambrensis his Symbolum electorum. p. 382.383.490  
Matriculus Ecclesiarum in archdeacon. Leicest. p. 385  
Radulphus de Diceto, p. 388.389  
The ancientest Book of Ely, p. 412.  
The Epistles of Robert Grossetest, p 430. 431.  
The history of Lichfield, p. 482  
Gulielmus Pictavensis his life of William the first, p. 483. It is now on the Press at Paris, with other things belonging to Normandy.    
In the Library of Mr. Tho. Allen of Gloucester Hall. 

Robert of Gloucester, pag. 206  
Annals of the Monastery of Burton, pag. 216.229. in margin. 232 266.422.429.433. And in that Volume are bound Constitutiones cuiusdam Episcopi, cited pag. 231.  
Turgotus Dunelmensis, pag. 229. in marg. & 276.    
In Mr. Patrick Young's Library. 

Theodore Balsamon upon the Counsels and some Canonical Epistles, in Greek, pag. 463    
In my own hands. 

Our Provincial Constitutions in course of time, p. 236  
A Book of Constitutions and other things belonging to the Church of York, pag. 337. & 418. And a Reference is in page 232. to one of the Constitutions of the same Province, that I long since found in the Library of Mr. Henry Savill.  
The heir of Derby, of 4. of Edward the third, pag. ●87  
Roger of Hoveden, pag. 202  
Exposition of old Law-terms, pag. 216.  
An English Penitential, to direct Priests in Auricular Confession, pag. 169  
Two of those (commonly called) Bretons, much corrupted in the Print, pag. 390  
Bracton (much corrupted also in the Print.) pag. 405      

Faults committed in the Print.  
PAge 93. l. 10. Epistles. p. 125. l. 21. Ecclesia, and l. 22. lege. Sed ita se habet etiam editio secunda juonis. autorem verò prima in eo loco usus esse videtur; atque eam recte in exemplari quod accérit typographus, emendabat. p. 138. l. 21. was for were. p. 163. l. 11. broached for brought. pag. 167. in marg. 10. Hen. 7. etc. p. 173. l. 9 honorabiles. p. 176. l. 19 licet. p. 178 l. 6. Church. p. 179. l. 15. droict. p. 182. l. 9 M.CCC.IV. p. 199. l 17. deferes p. 207. l. 28. thenceforth▪ p. 218. l. 6. Domini. p. 219. l. 6 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. p. 220. l. 17. Minister. p 221. l. 16. suprascripti. p. 229. in marg. l. ult. deal in. p. 230 l. 10. innuant. & l. 24. proveniunt. p. 248. l. 9 first. p 277. l. 11. jubemus. p. 280. l. 16. Ipse for jose. p. 283▪ l. 26. known. p. 285. l. 2. revenues. p▪ 292. l. 18. tell. p 352. l. 28. Decimarum. p. 355. l. 19 magnates. p. 358. l. 4. are for is. p. 358. l. 20. istum. p. 364. l. 14. Domino. p. 376. l. 10. sollicitè p. 386. l. 21. Hospitale. p. 392. l. 17. hath for had. p. 398 l. 13. mens for man's. p. 422. l 11. By the Writ etc. p. 428. l. 7 read or more of etc. & in l. 8. blot out more. p. 433 l 29. veniunt. Consilium etc. p. 4●6. l. 25. Cuius the Abbess etc. p. 438. l. 23. demanded for commanded. p. 440. l. 24. read we for some. p 46▪ l. 9 supposititious. p. 466. l. 33. blout out as. p. 469. l. 13. for what read that. p. ●76. l. 17. be done for been down, & l. 23. Terrages. & l. 31. Law. p. 478 l. 29 & 30. for Canon, Common. & l. 38. read denomination. p 487. l. 2. enjoys.   

The Printer to the Reader  
AS I found the Copy partly Printed partly Written, so is this done off; saving only where those faults, and perhaps some other which your courtesy, Reader, may amend) are committed. Neither thought I it fit to alter any thing without the authors presence, whence even the syllables of those passages in which mention was as if it were yet but in part only printed (as my Copy was) are also retained.