ANIMADVERSIONS upon M. Seldens' HISTORY OF TITHES, AND HIS REVIEW THEREOF: Before which (in am of the two first Chapters purposely pretermitted) is premised a Catalogue of seventy two Authors, before the year 1215.  
Maintaining the Ius divinum of Tithes or more, to be paid to the Priesthood under the Gospel: By RICHARD TILLESLEY Doctor in Divinity, and Archdeacon of Rochester.  Fratres, non video qua fronte illi non offerimus Decimum, à quo accepimus totum. Caesar. Arelat. hom. 14. 
LONDON, Printed by JOHN BILL. M.DC.XIX.   

TO THE MOST HIGH AND MIGHTY PRINCE JAMES, BY THE GRACE OF GOD King of Great Britain, France, and Ireland, Defender of the Faith, etc.  
IF the duty of a Subject and servant, were not a most sufficient reason to consecrate all labours & endeavours to the honour and protection of his Lord and Master: yet to whom are Animadversions more proper then to the Magistrate? Or to whom should the defence of the doctrine of Tithes be dedicated, but to the defender of the Faith? All these rights in your sacred Majesty are supreme; and therefore have emboldened me your poor unworthy yet faithful subject and servant, to implore your sacred patronage of these animadversions on the History of Tithes, that so the defence of faith may extend itself to the maintenance of the preachers of the faith, and the temporal food of their bodies may be established by divine and human authority, who prepare, the spiritual food of souls.  
But more especially, that pious devotion and zealous affection, wherewith your gracious Majesty embraceth and upholdeth the Ancient doctrine and discipline of the true primitive Church, to whom, 
Beda in ho. Infra Octau. Ascens.  perfectum est vitae magisterium Ecclesiae primitivae actus imitari, The imitation of Reverend and sound antiquity, is the perfect school of faith and life, by which pattern your sacred pen and sword hath suppressed all schismatical and turbulent parity, and confounded all Jdolatrous superstition, and treasonable practices. This is that which hath most encouraged me, 
Conc. Carthag. 5. c. 9 & passim in Concil.  postulare ab Imperatore defensorem, to implore your Royal and religious patronage, who are the advocate and nursing father of God's portion the Church, and of the Church's portion, that is Tithes, due to God himself in acknowledgement of his supreme right and dominion, and given by God himself, to them that serve at his Altar. And so much the rather for that Kings as they are in their power the Image of God, 
August in qu. ex V. Test. c. 106.  who said, The Tithe is mine: 
Leu. 27.30. 1. Sam. 8. v. 15.17.  so in the right of their sustentation have the proportion of God, Tenths: which quantity in Tribute was so usual amongst the Grecians, 
Hesychius in Verb. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to tithe and pay Tribute, were as properly Synonymaes, as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to tithe and consecrate, So that to assume the protection of Gods challenged Tenth assigned to his ministers, is indeed to strengthen the reason of that right of Tribute allowed to yourself. And surely this number Tenth, or Tithe, is sacred and very mystical; and communicated only to sacred and consecrated persons that are Gods Vicars upon Earth, that is Kings and Priests; decima Regis, & decima Sacerdotis, who both stand in God's place and receive this portion as Gods upon earth; and this number is so acceptable and familiar to God, 
Lib. de congress. quaerend. eruditionis causa.  as Philo speaks, that it doth properly belong to him, and by his assignment to those who resemble him.  
It was the saying of an Ancient in S. Augustine: 
Epist. 20.  Quibus satis persuasum esset, ut nihil mallent se esse quam viros bonos, his reliquam facilem esse doctrinam, To those, who only endeavour to be good men, all other instruction is easy, and among them this doctrine of Tithes need no enforcement nor defender. But covetousness hath so blinded religion, and custom so hardened conscience, and might so abetted sacrilege, that unless, 
Isidor. sent. lib. 3. c. 51.  Quod non praevalet Sacerdos efficere per doctrinae sermonem, potestas hoc imperet per disciplinae terrorem, The magistrate command what the Minister cannot persuade, Religion must give way to sacrilege, and Christ to Mammon. It was the complaint of Goffridus Abbot of Vendosme to Goffridus Bishop of Chartres, 
Lib. 2. ep. 24  Quod seculares homines sua consuetudine sanctae Ecclesiae authoritatem conantur adnullare, That secular men by custom would abrogate the Church's authority, which is too true now. And it is the Church of England's petition to her foster-father, to her Sovereign, ut reddantur quae sunt Dei, Deo. And since, Res Ecclesiasticae quia divini juris sunt, 
Ivo ep. 112.  in nullius bonis sunt, church-good because God's right, are not to be accounted any man's possessions; Non suntinter res mundi deputari credendae sed Dei, 
Lib. de vita contemplate. lib. 1. cap. 16  as saith Prosper: Why should men who may not covet their neighbour's goods, covet that which is Gods, and prescribe against divine right, making custom and human practice, and positive law, the basis, or maior proposition of their syllogism or conclusion, which they call conscience; that so they may lay sacrilegious hands upon God's portion, that is tithes, which surely must all be void and unjust, as M. Selden ingeniously confesseth pag. 150. if tithes be due by divine right unto the Ministers of the Gospel. Wherein although I hope the Authors hearty submission hath cleared his judgement concerning any derogation intended by him against the divine right of Tithes, yet because I am afraid this History of Tithes hath afforded premises to some, and to others great surmises of religious practice of sacrilege, while they see, and hear, but examine not) manifold quotations of Scriptures, heathen writers, Rabbins, Fathers, Counsels, Jmperiall Laws, private Chartularies, and many uncouth and unusual marginal notes, whereby they hope, nay resolve their own desires are unanswerably defended. 
Lib. 2. ad Monymum.  Yet, I hope, as Fulgentius saith of Heretics and their Arguments, Nowm non est ut Haeretici illis propositionibus se veritatem superaturos arbitrentur, quibus facillime superantur, so in this Historian, his own authorities being faithfully discovered, do easily overthrow the credit of all his consequences.  

Lib. 5. ep. 6.  Saint Gregory said to Childebert, Esse Regem quia sunt & alij, non mirum; sed esse Catholicum quod alij non merentur; hoc satis. Give me leave to apply it: Your Majesty is a great King, and a mighty Monarch, whom God hath crowned with many Kingdoms above your Ancestors, and made you the uniter of Crowns: and this is common to many others with your Majesty. Your Majesty is a true Christian Catholic King, Defender of the true, Ancient, Catholic and Apostolic faith, which is almost proper to yourself; they that boast to be called Christian & Catholic, may not compare with your Majesty in this style. But I must add another word out of the same Saint Gregory: Regiam, 
Lib. 9 ep. 57  quod maioris laudis est, ornatis sapientia potestatem. This is your own proper and peculiar, no King can share with you in this honour; you are a most learned & judicious King, who with your great knowledge and admirable pen, have, and do daily adorn your Regal power with your singular wisdom & learning: Rex Theologorum, a King of many excellent & learned Divines, and Rex Theologus, a King, a Divine, who are Antesignanus a leader among your great Bishops and worthy writers: And which is happy for my Argument, a founder, a restorer, & an endower of Bishoprics with Tithes, I beseech your sacred Majesty, let me, and this poor work of mine, march under your Banner, it will stand against all enemies if it may but carry your majesties name & protection. And so I will end with the prayer of those Fathers of the 12. Toledan Council, to God for their Prince, 
Can. 13.   det amatori Christi Serenissimo Domino nostro atque amantissimo jacobo Principi, imperare clementer, regnare foeliciter, habere de clementia fructum, obtinere de justitia praemium, de pietate Trophaeum, quo & hic invictus victor hostium semper appareat, & post diuturna huius seculi curricula, ad regnum aeternum cum suis omnibus coronandus perveniat: praestante Deo, & Saluatore nostro Domino jesu Christo, qui cum patre & sancto spiritu in Trinitate, vivit & regnat Deus in secula seculorum. Amen.  
Your majesties most humble servant and Chaplain, RICHARD TILLESLEY.   

To the Reader.  
COurteous Reader, M. Selden hath of late published a History of Tithes, a Book much perused for the rareness of the argument, too much commended for the variety of the language, and overmuch admired for the diligence of antic Collections: And to this History he hath added a Review, both to answer some private objections against his book, & to offer some considerations, whereby the wise & charitable intention of his History might be conceived. Yet since, to the general prejudice of the Church, both in profit and learning, by prejudicate Readers they are magnified; as if the Church hereby must be feign to leave God's interest, and rely on man's bounty; and yet (such is their conceit) were not able to contradict the opposers: I could not but offer these sudden Animadversions, to thy judicious consideration, lest thou be led by names and many strange quotations (which thou hast not leisure or care to examine) in the danger of thine own soul, to undo the mother of thy faith, the Church.  
By which Animadversions when thou shalt observe, how affection in this cause hath misled the judgement of this Historian in this by-Argument from his profession, so that even herein (both in the Grammar sense of words and phrases, wherein as a Critic he is judged curious; and in the relation of ancient authorities, wherein as an Antiquary, he hath been diligent, besides the severals of his incoherent arguments) he is with purpose to deceive others, himself deceived; Thou wilt not hazard thy conscience, upon the opinions of private, though learned men, but, submitting thy understanding to the judgement of God's Church, relying upon God's word, in obedient devotion wilt both do and think as it teacheth. I know the writings of us Clergy men upon this Theme have usually prejudice with the Laity, as if our motions proceeded from desiring theirs, rather than them, although we never so much protest with Saint Augustine, Non quaerimus vestras opes, sed vestram iustiti●m; Or, 
Serm. de temp. 219. In Ps. 103 contion 3. de part secunda.  Non ideo dico ut ista fiant in me: We desire not your wealth but your righteous dealing; Or, I speak not this in my own behalf: or, 
Lib. 1. ep. 36.  with P. Cluniacensis, Nec tam ad scribendum coegerunt lucra decimarum quam damna animarum; Not so much the gain of Tithes, as the loss of souls have enforced us to write. Yet howsoever, that duty which we own unto the souls of men, not to suffer the people of God to follow strange opinions, which either may divert them from the true faith, or moral obedience of his word; as it hath provoked many, so hath it also incited me, to the refutation of this book; whereupon the Sacrilegious practice of these days may seem to ground the denial of the right of God, and by such questioning of the Quota, would deny the Tota: Whereas indeed the Totum of what they are, have, or hope for, 
Ep. 28.  might bring them to that consideration of Gerbertus; Quid est quod das? aut cui das? nempe ex multo m●dicum, & ei qui omne quod habet, gratis dedit: What is that which thou givest, O man? or to whom dost thou give? To wit, little of much, and that to him, who gave all that he had freely: 
Chrysol. ser. 103.  And so in expectation of a blessing: For, Certe si non damus, si non accipimus, non queramur: Surely if we give not, let us not grumble if we receive not; Let them prove obedient sons, for, 
Idem serm. 10.  Revera filium se nescit, visceribus caret, naturam negat, ingratus est patri, qui authorem vitae suae non obsequijs placat, non devincit cultu, muneribus non honorat: He forgets himself to be a son, is unaffectionate, unnatural, ungrateful to his father, who doth not please the Author of his life by observance, doth not endear him by his service, doth not honour him with presents: And acknowledging aliquam partem offerendam esse, that some part is to be offered, they should rather allow God's claim, and the Church's challenge, the laws ordinance, reason and nature's proportion, the Type of man's duty, (and all this and more is true Tithes) then be contentious or scrupulous, under the patronage of such a book; which how insufficient it is, to say no more, I submit to thy censure, and with it myself.  
Yet, lest any thing in the ensuing Animadversions might either seem difficult or procure prejudice, may it please thee to be advertised,  
Where in the Book any thing is said to be confessed, or produced by the Author, and some number of a page is added, the number hath reference to his book, not to mine.  
When thou observest Quotations which he citeth out of Benedictus Leuita, not answered by that name, but by the name of Capitulars, the Fifth, Sixth, or Seventh Book, Know, that they are all one, the three last Books being by him collected, and the first four by Ansegisus: Which I admonish, lest thou, as myself, mayest be deceived in name with what thou knowest in substance.  
As also that,  
Adrevaldus de Miraculis Sancti Benedicti produced in the History of Charles Martell, and  
Aimoynus de vita S. Abbonis Abbatis, cited in the Review, are in Bibliotheca Floriacensi collected by joannes de Bosco.  
Vitus Amerbachius his Epitome of Charles the Great his Constitutions, is published after Hincmarus his Epistles, by joannes Busaeus.  
And that many authorities in the Catalogue after produced, are out of the last Edition at Colen of the Magna Bibliotheca Veterum Patrum.  
And, that thou shouldest not less esteem the cause I undertake; because I am not so far transported with passion as to answer the Authors ill beseeming language with the like: since yet in very many places he imposeth, Lazy dull Ignorance, peevish jealousy, impudent conjecturing, patiented idleness, base detraction, malice, negligence, confidence, ridiculousness, gross absurdities, nothing but Title, beard, Habit, and infinite other such scornful attributes, on all that shall oppose him; as if Solus saperet caeteris volitantibus umbris: And therefore is pleased in great opinion of his own work, to add the exceeding commendations thereof by himself. But it is the cause not the man whom I intent: yet withal I must tell him, that in no age, could he have less fitly provoked the Clergy in this cause of God then now; never more  judgement, exquisite diligence, various disquisition of all hidden learning He must not look to lurk in the darkness of unknown language, or private Chartularies, or unusual bynamed Books. There are, that can trace his footsteps, and add light to his Errors. That Ignavia fallax, against which his rubric Title Page, is with his Motto of Defiance Sumsimus Arma, is not so general as he would intend: For what am I, amongst the thousands of riper years and abstruser knowledge, and yet upon confidence of the cause, and weakness of his Book, have adventured in too short a time, the Encounter of this Adversary, who for many years hath unfortunately studied, and now untimely produced this error of his Art? But since by his Submission to that Honourable Court of High Commission, he hath acknowledged his fault, his person need not be opposed; which I rather manifest, because in many, the Doctrinal consequences from his Book have bred Error, who have not understood that the Author of the book hath been sorry for the publishing of it: For whose sake as I have undertook the answer, so for Truth's sake I desire their patience   

ANIMADVERSIONS upon the Preface of M. Seldens' History of Tithes.  
IF ever any Preface deserved the impatience of the greatest moderation, and in scorn and self-love did prejudice the Learning and Religion of an incomparable Nation: what then may this Preface expect, but Satirical and furious contradiction? There being no part, but fraught with supercilious contempt and full of the Rhetoric of a censorious overweener. But we have not so learned Christ jesus, that being reviled, we revile not again, through good report, and evil report in the conscience of God's blessings, we endeavour to please him who hath called us to a profession of peace: Without passion therefore, I will select some passages out of his Preface, and there-against oppose such Adversaries, 
Bernard. ep. 77.  or Animadversions, whereby it may appear, Si verum nos sapimus; quod veritas ei contradicat, non nos; that if my words be true, he is more opposed by Truth then by me: And there I begin where the Author of the History, Protests,  
This History was not written, to prove that Tithes are not due by the Law of God.  
Animad 1 Yet he that frames a new opinion only to cross it: He that strines to slight or answer all authorities that are made for it: He that censures the defenders of that opinion, with the title of confidence, ignorance, negligence, boldness, imperiousness, and such like, doth more dispute of it then becomes an unpartial Historian.  

Pag. 1.  Nothing that belonged to the Title is purposely omitted.  
Animad 2 Whether any thing that belonged to the Title were purposely omitted, I leave to the judgement of those, who shall observe in the Catalogue, and in the censure, several pertinent confirmations of the Title De iure Divino, omitted; whereof, being in the same Books, Epistles, Pages, he could not be ignorant, unless he were but Canis ad Nilum, and no constant peruser.  
No piece of it is stolen from any other man's notes:  
Animad 3 Whether any of it were I strive not to inquire, neither if it were should I insult upon it, especially if the ingenaous Writer would acknowledge by whom he profited: Benignum etenim est, & plenum ingenui pudoris, fareri per quos profeceris, 
Ad Vespasian.  saith Pliny: whereas, Reprehensione dignum esset, maiorum tacere nomina, & corum sibi appropriare ingenia: He were worthy reproof who concealeth the name, and doth arrogate to himself the invention of the ancient. Yet in his Epistle Dedicatory, a great part of it, is confessed, to be sent him by another's able Direction, so that he restores rather than gives it, he borrowed help, and doth offer only whatsoever is in this of his own also, They are his words,  
He intended not to teach any innovation by an imperfect pattern had from the musty relics of former time. 
Pag. 2.   
Animad 4 I well believe he intended not to teach any innovation, even by the perfectest pattern he might have, from the musty Relics (for so he calls the old writings) of former time, which if he had performed, it might have much advantaged the Church, whom new Customs have much impaired.  
His book hath been approved by the censures of such, as are of the choicest learning, ablest judgement, and truly Decumatissimi, aswell in worth as Title.  
Animad 5 This I will never be persuaded of any that hath examined the quotations, and thoroughly perused the work, wherein, such falsities, injurious censures of writers, contradictions, and many other impertinences are too frequent. So that no ingenuous and learned Reader, but will be backward to allow this for truth, which is only a compacture out of the abuses and disobedience of religion and lawful government. Nimis perverse se amat, 
August ep. 7.  qui & alios vult errare ut error suus lateat.  
He accuseth all writers of this Argument, 
Pag. 4.  of negligence and ignorance, in taking one from another, and not relating towards what is fit to be known touching the payment of the Hebrews, etc.  
Animad 6 How deservedly he accuseth them of negligence or ignorance, who undertaking to show the History of Tithes, (which none do of purpose, but to infer the right) have not so largely related so much of the payment of the jews practise of the Gentiles, of former Christians, of the human positive laws, of the various opinions of past ages, besides the course of settling Tithes in Monasteries, etc. by appropriations, or consecrations, or the original of infeudations; or concerning exemptions; for mine own part I know not; yet I am persuaded that they wrote though not all, yet what was sufficient to the conclusion they intended. Why might not the practice of the jews be rather presupposed, then particularized, and only by the passages of Scripture, and authorities of the ancient commoner Authors be pointed at, then be expected from every Writer, who either hath not the means to come by the books, or the skill readily to understand the language, especially of the latter barbarous Rabbins? If the only practice of the jews, not supposing the ground of divine precept, might enforce the continuance amongst us, then more pains in these Rabbins had been necessary: But when the precept alone being proved to belong to us, can command obedience without their practice; Then for to spend good time only for ostentation of learning in perusing and quoting Rabbins had been needless. I could only wish that the abundant maintenance of the jewish Priesthood, might but procure for the evangelical Priesthood even that lesser and rightful portion of Tithes wherewith it would be contented. Yet herein, from more skilful Hebricians, the Author must be advertised, that his rabbin quotations are not all true, and few of them of his own observation.  
As for the practice of the Gentiles, who have not pointed at enough authorities to free them from negligence and ignorance, although each good Writer hath not alike leisure from his profession, or delight in such studies? Though herein the Author's diligence is commendable in the third Chapter. By which the progress of that natural precept, though depraved in the Idolatrous use, doth appear (and Idolatry is the Ape of Religion:) Whereout, if these conclusions might be inferred, that therefore the consecration of a Tenth part to God was natural, and that herein the Gentiles not having the law, 
Rom. 2.  and doing by nature the things contained in the law, sh●w the work of the law written in their hearts; This were a pertinent consideration: for why should they consecrate rather that part then another, unless as Hugo de S. Victore speaketh, 
Erudit. Theolog. lib. 1. p. 11. cap. 4.  They had been taught and instructed by God; unde enim, homo rerum suarum decimam potius quam nonam vel octavam vel aliam quamque partem offerendam esse scire potuisset, nisi à Deo doctus fuisset? are his words to that sense fully.  
Concerning the practice of former Christians, those few whom I have read, point at some, though not at all, as neither the Author doth, which if these days would follow, as there were no general Counsels before Agobardus time concerning them, Nulla enim compulit necessisitas fervent ubique religiosa devotione & amore illustrandi Ecclesias ultro aestuante: There was no necessity, the Religious devotion of all, every where, and the desire of bettering the Churches, freely abounding: So no Controversy or such History would be needful.  
As for human positive laws: some out of opinion, that they bind not conscience; oth●● out of consideration that the knowledge of the Secular laws pertain to other professions; others seeing no regard to the most ancient of them in the present practice, have perchance, if known them, omitted them, and deserve not therefore such împutations of ignorance and negligence.  
The various opinions of past ages, are in general by some deciphered, though the authorities of the erroneous part be not so at large expressed, and inclined unto, as by the Author; yet their reasons are judiciously answered, neither with negligence nor ignorance.  
That none have so variously showed the settling of Tithes in Monasteries, Corporations, Colleges; I think was out of a dislike of them, not meaning to justify, but oppose either the appropriations (or as Master Selden calls them, Consecrations) of Tithes to such places, and not so much out of negligence or ignorance: Though concerning Colleges there is great difference, they being the Seminaries of the Clergy, and for the most part, must consist of such men in Orders; as also, the Spiritual Corporations of Bishops, and Cathedral Churches do.  
Those which he calls Fables concerning the Original of infeudations, shall for the substance be proved truths, especially in the History of Charles Martell.  
Of exemptions, none can speak well that consider the true right; But if any therein have distinguished the Hospitalers, and those Knights of Saint john's in jerusalem: or about exemptions have committed other most gross and ridiculous absurdities (so eager and bitter it pleased our Historian to be) yet some of his own slips with more gentle language manifested, may for hereafter temper his style, since he is a man, and may err: but that any writers have so erred, is more than I know.  

Page 5.  It is a common, but most deceiving Argument, affirmatively to conclude fact or practice of tithing from what they see ordained by an old Canon of the Church.  
Animad 7 If any have used that Argument in inferring the practice from the Ca●on, and that supposing or expressing the duty of the Law of God, he might well do it; or else suppose an irreligious practice to be generally embraced. The examples opposed of Reparations of Churches, Testaments of the Clergy, are of things merely Ecclesiastical, not Divine, as Tithes are: In which Tithes if the Laity have made alteration from the Canon, it was because as Alcuin speaketh, 
In Epistola ad Carolum Magnum citat. p. 70.  Auara mens hominum decimarum largitati non consentit, out of covetousness; which yet for avoiding a public scandal, hath been tolerated in practice, to the prejudice, and at the peril of their souls, who knowing the truth, yet would justify their actions from custom: What therefore Nationall customs have impaired in this right of tithing, might well have been omitted by the honest Writer, who in charity hoped each man's practice would have answered the precept of God published by the Church. The inference therefore of practice from such Canons is fit in charity, though not certain to experience; since the Canons for tithing are not in respect to infer practice, like the law of Plato, or of L●cians men in the Moon, or of Aristophanes' city of Cuckoos in the clouds, as he (I may say) profanely makes the comparison: But such which require obedience of necessity, upon the fearful peril of Canonical censure, which is confirmed in heaven. But sure such an Argument is more reasonable and less Sophistical, then against Canons, from concealment or ignorance, of whole evidence, to infer a negative practice clearly allowed.  

Pag. 8. Concerning tithes in London.  The Tithes of houses in London no otherwise have place here, then as they occur in the Acts of Parliament under H. 8. The 52. farthings paid on Sundays, & the offerings paid on great Festival days, could not properly be reputed among Tithes, neither in regard of their value; for they came to much more: nor in respect of their nature.  
Animad 8 Although the tithing in London be not properly a Tithe, yet sure it is Nomine Decimae, which is all one: which because of the inequality of men's estates, and the unwillingness of men freely to confess their annual personal gain, from their several trades; was appointed by the Commonwealth, to which (it may be to avoid scandal) the Clergy agreed, to place it upon the Rents of houses: to the knowledge of the value whereof, the Parsons might come, without urging them to confess upon Oath the truth, which in covetous minds might often have occasioned perjury.  

Constitut. de Decimis cap. Sancta. Verb. Negotiatione.  And Lindwood judgeth the 52. farthings, if not in consideration of the predial Tithes of houses, yet to be as oblations, which through custom might be due above the Tithes; and not (as the Author would have them) to withhold the payment of personal Tithes, which were also paid, as in the next Animadversion may appear.  

Pag. 9  For the nature of these Tithes of houses, I here offer a discourse, titled, A devise how the Curates of London may be provided for of sufficient livings.  
Animad 9 This Discourse seems to be a malicious Treatise, grounded upon that false supposition, that only praedial Tithes are due, Which the Author would seem to countenance, as if in the Levitical law there were no mention of other Tithes; which although it be true in the precept, in the last of Leviticus, yet elsewhere it is more generally said. Thou shalt not defer to offer thy Tithes and first fruits, Exod. 22. in the vulgar, and Deut. 12. Decimas & primitias manuum tuarum, Inferte omnem Decimam. Mal. 3. Sanctifica Decimas tuas,— Da altissimo secundum donatum eius. Eccles. 35. The Pharisee Tithed Ex omnibus quae possideo, Luc. 18. of all that he had. And because the School doctrine is so much followed by the Author.  
The conclusion of Alensis out of some of those is, 
Sum. p. 3. q. 5●. M. 4. Art. 2.  Si ergo ex dono Dei possidentur omnia quae acquiruntur, justo negotio vel arte, de illis decimae dandae erunt, If therefore the gain out of any honest Trade or Art, be possessed by the gift of God, then of them Tithes must be paid. And himself Page 163. following these Schoolmen, hath thought such scruples about the difference of personal and praedial Tithes, to have been needlessly handled by some, because both are equally due: The Moral law according to them not designing out real possessions, to be more subject than personal profit.  
Wherefore it is Absurd that the devise should infer, that therefore, by no means else there is due any living to the Priest, but by the consents of the people; and also averring that the living which the Ministers have had in London, hath been by the consents of the people, which hath long time given them fourteen pence of every noble, rated by the rent of houses. In the time of Roger Niger de Bileye Bishop of London, Circ. Annum 1235. 
Lib. Ms.  in the Statutes between the Rectors of London, and the Archdeacon there, amongst other offenders, Detentores Decimarum, The detaynors of Tithes in the city of London were excommunicated, Tithes therefore then were usually paid.  
And after, Si contingat aliquem parochianum esse rebellem Ecclesiae suae vel Capellano suo,— non soluendo ijs parochijs oblationes debitas & consuetas secundum facultates suas, nec alia quae ad eum pertinent solvere, etc. If it shall happen that any parishioner shall deny unto their parish Church or the Chaplain thereof, and not pay his due offerings and accustomed according to his ability, or other things which he ought to pay, etc. And after, Tribus diebus Dominicis post Nativitatem Sancti johannis Baptistae, in omnibus Ecclesijs à Capellanis annuatim publice fiat inhibitio, ne quis praediorum sive gardinorum decimam fructuum asportet vel asportari faciat, nisi primo Ecclesiae parochiali competenter inde fuerit satisfactum: Three Sundays before Midsummer day in every Church yearly, let an inhibition be publicly made by the Chaplains, that none carry away by himself or others, his praedial Tithes and of gardens, unless first the parish Church be meetly satisfied. Tithes therefore to be paid, and offerings were due not voluntary.  

In eodem Ms.  And in the petitions of the Rectors of London (against the Dominicans and Franciscans who much impaired their profit) to the Archbishop of Canterbury and the rest of the Bishops then in a Synod; amongst many other complaints, this is one: Item fratribus confessi, qui, de negotiationibus suis Ecclesiis parochialibus iure Canonico solebant annuatim conferre decimas; 
Vide simile apud p. de Vineis lib. 1. ep. 37.  à tempore quo confessionibus fratrum se submittunt, modo debito, nec consueto negotiationes suas decimare non curant: Also they that confess to the Friars Mendicants, who before were wont yearly according to the Canon law to pay Tithes of their trading to their Parish Churches; Now since they confess to those Friars, they neglect in due and accustomed form to pay Tithe of their trading. And so in many other complaints remembering tithes, beside in the next complaint before this, the Rectors complain, how that their parishioners, who Diebus Dominicis saltem & festivis, tenentur visitare Ecclesias parochiales, & in eisdem Sacramenta & Sacramentalia recipere, ac seruitium divinum devotè audire, nec non oblationes debitas & consuetas in Missis solennibus offer: Ad loca fratrum praedictorum se transferunt, & Ecclesias parochiales suas spernunt & relinquunt desertas, & sic debita iura Ecclesiae quibus antiquitus Ecclesiae sunt dotatae fratribus conferunt, At leastwise on Sundays and Festivals are bound to frequent their parish Churches, and to partake the Sacraments and Sacramentals there, and to hear devoutly divine service, as also to offer at solemn Masses due and accustomed oblations: Now they go to the places of these Friars, and scorn and forsake their Parish Churches, and so bestow the due Rights of Church wherewith the Churches were anciently endowed upon these Friars. Out of both which together, I observe not only personal Tithes to be paid; but also offerings, debitas & consuetas, upon Sundays and Holidays; for which and not the Tithes, the fifty two farthings, according to Rent, it may be were paid; in that they are called due and accustomed, and debita iura quibus antiquitus dotatae Ecclesiae, whereby Lindwoods opinion cited by him, pag. 244. is confirmed, who either thought them paid for the praedial Tithes of Houses, or for usual oblations. These petitions of the Rectors, were as I suppose offered to Robert Winchelsey Archbishop until the year 1313. for the Sigle of the name is R. and the constitution of Benedict the successor of Boniface the eighth, is called Nova Constitutio, a new constitution; and the Canon at Vienna by Clement the successor of Benedict is not urged against them.  
When the fourteen pence out of every noble rent began to be paid I know not, and because Lindwood doth not remember it, I suppose it not to be so ancient, though the proportion be greater than now is practised.  
But the devise reprehendeth the taking Casualties of Burials, christenings, and Weddings, etc. Which if they had their true Tithe they would according to the old Canons forego. Yet now if they had not such helps, their infinite pains and care would have the poorest reward, and the greatest quantity both of persons and estate, must want the greatest blessing of discreet and learned instruction, and pious peaceable devotion; which without a sufficient and regular proportion of means, will never be encouraged to be fitted for, and fastened to such populous congregations. But the Clergy of London are better able to plead their own cause, having more experience and evidence than my few years and books can afford.  

Pag. 11.  The testimonies were chosen by weight not number, not took up at second hand.  
Animad 10 How his testimonies were chosen by weight not by number, shall severally be examined.  
And whether he took them up at second hand, or no, is not material to me, if they prove true; though it deserve commendations for his diligence if he did not. It is his happiness that he had the fountains, the ancient Historians for his quotations, and therein I will trust upon his relation; and he shall perceive by what I writ; 
Leo serm. 5. de Collectis.  Apud nos authoritatem patrum vivere eorumque doctrinam in nostra obedientia permanere, That the authority and doctrine of the Fathers and antiquity is obeyed and reverenced by me: Yet not contemning the later writers, whose judgement I shall prefer before his, which by his leave, in this argument, shall gain no strength of truth in me, 
Pag. 11.  from his name alone (which I wonder he should think of) but only from those authorities which he hath designed truly and pertinently out of several old writings.  
I never was so far engaged in this, 
Pag. 12.  to torture my brains, or venture my credit, to make or create premises for a chosen conclusion that I rather would then could prove.  
Animad 11 I am sorry in this disquisition of Truth (which though he sought I am sure he found not on that part to which he inclineth) his protestation should not deserve more credit; especially in that part, where he saith, that he did not make or create premises for a chosen conclusion which he rather would then could prove; And that his premises made what conclusions or conjectures he hath and were not bred by them. Against which again, I oppose this protestation, that whereas he hath proposed to himself the conclusion, That arbitrary consecrations were an original right of the duty of Tithes and in that consideration would bind men's conscience to abstain from profaning them: 
August. ep. 28.  and, Licet nemo faciat optando ut verum sit quod verum non est, tamen si fieri posset optaret ut haec sententia vera esset, as S. Augustine speaks of a truer opinion; Although none by wishing can make that true, which is not, yet if it could be, he would wish that opinion to be true: yet that by no weighty, or substantial authority for the premisse; he hath proved at any time in Christianity, a lawful right of detaining Tithes before the dueness of paying; or, an Arbitrary free disposing thereof Canonically even in the Translation to other places: without the first whereof, they are not properly Consecrations; and without the second not Arbitrary.  
Concerning infeudations, appropriations, investitures, etc. Whether his premises infer the conclusion, or show the will of his weakness, shall in the several passages be left to the judicious Reader. And by that I hope which shall be proposed, the old way, which is the good way, the common and true opinion, had better through patiented idleness (as he calls it) have been defended, then after a new course of disquisition to have come not so much as to the base Court of Truths Sanctuary, but even to a toilsome maze of error: It had been better to have been an Apodeictick than a Sceptic.  

Page 13.  For the performance in the behalf of the Clergy, etc.  
Animad 12 His performance in the behalf of the Clergy, in collecting so much human positive laws, for the payment of whole Tithes, is so far worthy commendation; in that it showeth the consent of so many wise assemblies, to the claim of God's right, which yet not from them, but from God's precept we require of the consciences of men; whom, if we cannot persuade them to be due by the law of God, we must entreat the Supreme Magistrate, the authority and executioner of laws, by the several penalties to restore the rightful inheritance of God: And by customs, statutes, or civil disposition, not to suffer the rights of Holy Church God's assignee to be impeached since so many human positive laws have manifested and offered the divine right to obedient performance.  
I wish that as the laws themselves especially the more ancient do profess the Ius divinum in their constitution, so he had acknowledged it; then his endeavours had been truly thankworthy of the Clergy, and the proposal of such laws might not have seemed a Derogation from the divine right which is claimed, nor this inferior and human right of positive Title, have seemed to prejudice the superior and celestial sun shine of divine interest. But since his intention was otherwise, the thanks is only due to his pains, not purpose of producing them, whereout some others may (though he would not) ground the confirmation of the Truth indeed: which others wisely do, while they talk of them as supposed due also by human positive law of practice, not thereupon grounding an Actio confessoria, but ex Condictione ex lege, 
Vide Selden. pag. 151.  vel Canone; which both may be requisite in the same cause, the one to demand a right, the other to require a penalty.  
The Dominican and Franciscan Friars, 
Pag. 14.  had they sufficiently thought of the Constitutions and practice of Christian states, etc.  
Animad 13 I wonder M. Selden should say, the Dominican and Franciscan Friars should out of not sufficient thinking of the right by human laws, come to the heresy of calling Tithes Alms; whereas it was out of the neglect, as he acknowledgeth pag. 166. whereby we may observe, what issue the Title by human laws, were like to have amongst those, who are as covetous to retain, as they were greedy to gain, quibus prae pecuniae charitate justitia vilis est, 
Confess. l. 6. c. 8.  who for love of gain contemn godliness, as S. Augustine speaks. As for Wiccliffe and Erasmus; the errors and gross living of the Times, made them envy those that rich means (as they thought it) whereby not the search of truth, but the prosecution of sensuality and error was maintained. But although such considerations if they were all true, as, of the owner's conveyance, continuance of time, etc. might seem to infer a debitum justitiae, not only charitatis, yet that is but politic justice, not always Christian, and signifies no more than as due by common law, which is a less tie of conscience, than the due of charity. And therefore they might think it no more then as Alms commanded by law, concerning which out of superfluity many of the ancient have spoke no less of the duty: and have accounted them at least wise unjust, who have detained Alms; making charity the Author, but justice the reason of the giving, and have so interpreted that verse in the Psalm, 
Psal. 112. v. 9  Dispersit & dedit pauperibus justitia eius manet, etc.  

Pag. 15.  What do they else when they confound Tithes and consecrated lands together.  
Animad 14 They that confound Tithes and arbitrarily consecrated lands given to the Church; in applying the same original right to both, err in my opinion, if any such be. Saint Ambrose knew well how to distinguish between a Church, and other inheritance, 
O●ttion● de Basilicis tradend s.  Inter agros Ecclesiae & Basilicam; the like must we make between lands and Tithes; nay and more, God having a right to Churches in that they are made his, though nearer, by dedication; but in Tithes because they are the Retribution to his providence, the tribute to his power, the reservation out of his liberality, his own, challenged, due inheritance.  
This History hath by distempered malice, 
Ibid.  ignorance, or jealousy, been cried down in corners.  
Animad 15 Sure their malice had more discreet temper, and their Ignorance more  learning, and their jealousy more discovered reason who cried down his book in corners, than distempering self conceit will acknowledge: their malice, was but the hate of falsehood, their ignorance but the modesty of not writing, and their jealousy, but the prophesy of what is too true: but how ever they would not I mean openly to cry out against it, if not cry it down, without malice, though it may be more ignorantly than those whom his words may intend: and not out of jealousy, but out of perfect knowledge of the ill consequence of his book in the maintenance of the Clergy: although he compare his works to Friar Bacon's most noble studies, and Reuchlins and Budes, and Erasmus rare labours, and think all blocks to learning, that shall not give a passing approbation to his curious diligence.  
What hath a common Lawyer to do (so they murmur) with writing of Tithing? 
Pag. 17.   
Animad 16 In that a common Lawyer by profession, hath written a History of Tithes, for my part I condemn him not, nor any other, if the matter were seasonable, and true, and only a History, and were allowed; yet I could have wished he had placed his pains upon some more pleasing argument, whereout he might have had for malice, praise, for ignorance, admiration, and no jealousies especially of the church to whom he owes his obedience, to attend his endeavours. I will not define who is the proper agent upon this Subject. I am sure, that Office, which I unworthily bear, might have best interest in all respects, especially if the ancient duty be considered; which was, in the custody, dispensation, jurisdiction of Tithes amongst other revenues, besides the capableness of possession in himself, the induction of others into the right of possession, and some other conveniences. And to that office both Theology and the Canon law should be no strangers: and the embracements also of philology, have not been denied that dignity, witness Petrus Blesensis, johannes Sarisburiensis; and before these, that honour of my poor dignity, his Master, and the restorer of learning in my mother the University of Oxon, 
In Chartul. Ecclesiae Roffens. Vodeses etiam Bernar. ep. 205.  the famous Robertus Pullus, or Pullenus, or Pullanus sometimes Archdeacon of Rochester (as out of an Epistle written by Ascelinus Bishop there, against him, to Eugenius the Third, by conference of other writings, I have certainly collected) not to name the Historian Henry of Huntingdon, or Sylvester Gyraldus Cambrensis with others of our own country. Whence, howsoever an Archdeacon, have not thought it fit to write the History, yet myself that have endeavoured to give answer to this, may have sufficient authority against any imputation of my interposing in such an argument.  
And thus from these verbal Adversaries, I pass to the more real observations, and Animadversions on his History, not as a most censorious examiner, as he requireth, nor yet as an yielding enemy as he expecteth, but as a friendly admonisher to him, and a forward discoverer to others, of such defects, nay faults, nay falsehoods of this confident and ill consequenced Book. 
Greg. M. Indict. 2. ep. 78.  In causa in qua Deo placere cupio, homines non formido, In that cause wherein I desire to please God, I fear not men.   

Errata.  
PAg. 6. lin. 12. percipientes lege Accipientes. p. 17. l. 21. Decimarum. l. Decimarum dato. p. 26. 18. exhibitis l. exhibetis. p. 71. 11. apparently annexed l. apparently that tithes were annexed. p. 86. 14. out of l. one of. Ibid. 24. Agrippiensi l. Agrippinensi p. 100 10. would, for I would for. p. 102. 2. that deleatur. p. 120. 33. Approbations l. Appropriations. p. 125. 4. action l. actions. p. 158. 14. Exercendam l. Exercenda. p. 177. 34. as that deleatur. p. 207. 6. Read thus, Right of arbitrarily disposing; the jurisdiction which the common or secular law had formerly challenged and exercised, in detaining the right of Tithes (between the Priests and Parishioners) grew out of use.   

ANIMADVERSIONS upon the HISTORY.  
THe Authors first and second chapters, Of the testimonies of Scriptures and practice of the jews (whereon according to my Profession, I most intended to have placed my Observations) have been learnedly censured, and the authorities of Scripture which are there proposed, have been exactly pressed by that most religious and most worthy Knight Sir james Sempil; whose love to the house of God, shall be gracious both with God and good men: And the Treatises of the Divine right of Tithes, promised by many, 
Hilarius de Sy. nodis.  must insist thereupon. I have therefore upon due respect (for to use S. Hilaries phrase, Quid tantorum virorum doctrinis atque dictis, inserimus torpentia ingenia, atque sensus hebetes, atque temerarios?) neither interposed my censure, neither prevented their censuring: Yet whereas, according to the wise judgement of Vincentius Lyrinensis, Ecclesiastical tradition after Scripture, as an interpreter, is needful to convey the true sense of God's Word with more evidence to the peevish. What that noble Knight did purposely omit, I have adventured, not bawking any help of M. Seldens', or other men's writings, to propose a Catalogue of the ancient Fathers, and succeeding Writers, whereby both his and our Church's judgement may be freed from the suspicion of novelty, and the Author, and whosoever favour the opinion of his book, may be brought to consideration, how many holy Fathers, whose lives and deaths, God hath made glorious by miracles, by whose learned and godly writings, both Heresy was confounded, and the Truth conveyed unto us, are opposite to their politic new found fancy: And yet so little reverence had their gray-headed authorities, that either they are passed with censure, or contempt. 
Aimoinus.  Aimoinus lib. 3. de gestis Francorum cap. 41. Relates that when Chilperic would have proclaimed Sabellianisme and persuaded Gregorius Turonensis to it, and yet in his reason confessed S. Hilary and S. Augustine to be against him, that holy Bishop replied; Cavendum est, Domine mi Rex, ne & ille irascatur tibi, cuius illi fuerunt famuli, qui ut tu ipse fateris, in ista credulitate sunt contrarij. I compare not the errors together, God forbidden, yet the advise of that great Bishop belongeth to him; That since he acknowledgeth S. Ambrose, and S. Augustine, and S. Gregory and others to be adversaries to his intention, he would fear the anger of that God whose servants they were. And following Vincentius Lyrinensis his wise admonition, 
Cap. 4. & 39  Quicquid non unus aut duo tantum, sed omnes pariter uno eodemque consensu, apertè, frequenter, perseveranter, tenuisse, scripsisse, docuisse cognoverit, id sibi quoque intelligat, absque ulla dubitatione credendum. Whatsoever the unanimous consent of continuate antiquity, hath constantly held, writ, taught; that without doubting is to be believed: He would retract his new opinion, and acknowledging his last error, he would return to the gracious favour of the King and Church, whom if by disobedience he neglect, would show more supercilious pride and youthful folly, then either would beseem subject or Christian.  
Before the authorities, let the Reader observe these three Propositions, which may state both the question, and interpret the Ancient.  
1 That the Doctrine concerning Tithes was ever that they were due De jure Divino, as appears by the Fathers in time of persecution, when they could not have them generally paid, as Irenaeus, Origen, Tertullian, Cyprian.  
2 That assoon as persecution ceased they were receptae in moribus hominum, before they were given to the Church by any Imperial or Ecclesiastical law, as appeareth by those Fathers that lived in the flourishing time of the Church in the next 300. years, as S. Chrysostome, Hierome, Augustine, Ambrose, and many others.  
3 That the laws Imperial & Ecclesiastical concerning Tithes, do declare the right of Tithes, not give them nor the Right, and they do add Civil and Ecclesiastical punishments on the Non-payers rather than decree the payment, as in the Capitulars is manifest.  
The Catalogue shall be disposed according to their several precedence in antiquity, and only those at large insisted on, who directly, or by necessary consequence, maintain the Divine right of Tithes or more: Which consequences shall be only briefly deduced out of them, not to stay the more learned reader in the English, nor yet defraud any of the inferences.  
The first shallbe Irenaeus, 
Floruit anno Domini 180.  Qui proximus fuit temporibus Apostolorum, as S. Basil de S. S to. cap. 25. He lib. 4. cap. 20. saith, Sacerdotes sunt omnes Domini Apostoli, qui neque agros, neque domos haereditant hic, sed semper altari & Deo serviunt; De quibus & Moses, Non erit sacerdotibus Levitis in tota tribu levi pars, neque substantia cum Israel, fructificationes Domini substantia eorum, manducabunt eas. Propter hoc & Paulus, Non inquiro, inquit, datum, sed inquiro fructum. Discipulis inquit Dominus, Leviticam substantiam habentibus, etc. The Apostles are the Priests that serve at the Altar: that must eat the Lords part: that must have the substance of the Levites; not of gift, but right; Of them spoke Moses; Therefore are tithes due to them by the Law of God. In the same book, cap. 27. Et propter hoc Dominus pro eo quod est, Non moechaberis, non concupiscere praecepit: & pro eo quod est, Non occides, neque irasci quidem, & pro eo quod est Decimare,— omnia quae sunt pauperibus dividere, Haec omnia non dissoluentis legem erant, sed extendentis & dilatantis in nobis, and cap. 31. Quae autem naturalia, & liberalia, & communia omnium, auxit & dilatavit. Therefore Decimare according to Irenaeus, is plainly natural. And cap. 34. of the same book; Offer igitur oportet Deo primitias eius creaturae, sicut & Moses ait, Non apparebis vacuus in conspectu Domini Dei tui, ut in quibus gratus extitit homo, in his gratus ei deputatus, eum qui est ab eo percipiat honorem,— Et propter hoc illi quidem decimas suorum habebant consecratas: Qui autem perceperunt libertatem, omnia quae sunt ipsorum, ad dominicos decernunt usus hilariter ac liberè dantes ea quae non sunt minora, vipote maiorem spem habentes. To give Tithes or more is a sign of our hope of heaven. Therefore.  

Anno, 226.  2. Origenes. Quem post Apostolos Ecclesiarum magistrum, nemo nisi imperitus negat. as S. Hierome de nominibus Hebraicis, He Hom. 11. in Numeros. Decet enim & utile est, etiam Sacerdotibus evangelii offerre primitias: Ita enim & Dominus disposuit ut qui evangelium annuntiant, de evangelio vivant. Et sicut hoc dignum est & decens, sic è contrario & indecens & indignum existimo & impium ut is qui Deum colit, & ingreditur Ecclesiam Dei qui scit Ministros & Sacerdotes assistere altari, & aut verbo Dei, aut ministerio Ecclesiae deseruire; ut de fructibus terrae quos Deus dedit,  suum producendo, & plwias suas ministrando non offerat primitias suas Sacerdotibus. Non mihi videtur huiusmodi anima habere memoriam Dei, nec cogitare, nec credere, quia Deus dederit fructus quos coepit, quos ita recondit, quasi alienos à Deo. Si enim á Deo sibi datos crederet, sciret utique munerando Sacerdotes, honorare Deum de datis & muneribus suis. Et adhuc ut amplius haec obseruanda etiam secundum literam ipsius Dei vocibus doceantur, addemus & haec: Dominus dicit in Euangelijs, Vae vobis Scribae & Pharisaei hypocritae, qui decimatis mentham, hoc est, decimam datis menthae, & cymini, & anethi, & praeteritis quae maiora sunt legis, Hypocritae, haec oportet fieri, & illa non omitti; Vide ergo diligentius quomodo sermo Domini vult fieri quidem omnimodè quae maiora sunt legis, non tamen omitti & haec quae secundum literam designantur. Quod si dicas, quia haec ad Pharisaeos dicebat, non ad discipulos: Audi iterum dicentem ad discipulos, nisi abundaverit justitia vestra plusquam Pharisaeorum & Scribarum, non intrabitis in regnum coelorum. Quod vult ergo fieri à Pharisaeis, multo magis & maiori cum abundantia vult à discipulis impleri. Quod autem fieri à discipulis non vult, nec Pharisaeis imperat faciendum. Quomodo ergo abundat justitia nostra, plusquam Scribarum & Pharisaeorum, si illi de fructibus terrae suae gustare non audent, priusquam primitias Sacerdotibus offerant, & Levitis decimae separentur; Et ego nihil horum faciens, fructibus terrae ita abutar, ut Sacerdos nesciat, Levites ignoret, divinum altare non sentiat?  
It is impious not to offer first fruits to the Priests of God, who giveth Sun and rain. He hath no thought of God, nor believeth that God gave the fruits of the earth, who parteth to God none of his own gifts and blessings. We are taught by the word of God to offer them. Moreover, the Lord saith in the Gospel, concerning the Tithing of the Pharisees, these things ye ought not to have omitted. But if any object, that he spoke to the Pharisees, and not to his disciples, hear what he saith to his disciples. Except your righteousness exceed the righteousness of the Scribes and Pharisees; What then the Pharisees did, must be exceeded by the Disciples. And what he would not have his disciples do, he would not command the Pharisees to do. This is the sum of Origen; and his arguments are powerful to prove the Divine right of Tithes.  
3. Cyprian, lib. de unitate Ecclesiae. 
Anno, 250.  Domos tunc & fundos venundabant, & thesauros sibi in coelo reponentes, distribuenda in usus indigentium pretia Apostolis osserebant. At nunc de patrimonio nec decimas damus, & cum vendere iubeat Dominus, emimus potius & augemus. He reprehends the not equalling of the jews in giving Tithes, since we will not imitate the Apostles times to give all. But by the Law of God we ought at least to equal the jews. Therefore.  
The same, lib. 1. ep. 9 Scriptum est, Nemo militans Deo, implicat se molestijs secularibus, ut possit placere ei, cui se probavit: Quod cum de omnibus dictum sit, quanto magis molestijs & laqueis secularibus obligari non debent, qui divinis rebus & spiritualibus occupati ab Ecclesia recedere, & ad terrenos & seculares actus vacare non possunt? Cuius ordinationis & religionis formam Leuitae prius in lege tenuerunt, ut cum terram dividerent, & possessiones partirentur undecim tribus, Levitica tribus, quae templo & altari & ministerijs divinis vacabat, nihil de illa divisionis portione perciperet sed alijs terram colentibus, illa tantum Deum coleret, & ad victum atque alimentum suum, ab undecim tribubus, de fructibus qui nascebantur decimas perciperet. Quod totum fiebat de authoritate & dispositione divinâ, ut qui operationibus divinis insistebant, in nulla re avocarentur, nec cogitare, aut agere secularia cogerentur. Quae nunc ratio & forma in Clero tenetur, ut qui in Ecclesia Domini, ad ordinationem clericalem promoventur, nullo modo ab administratione divina avocentur, ne molestijs & negotijs secularibus alligentur, sed in honore sportulantium fratrum, tanquam decimas ex fructibus percipientes, ab altari & sacrificijs non recedant, & die ac nocte coelestibus rebus & spiritualibus seruiant. The same reason and form is observed in the Gospel for the maintenance of the Clergy, which was first in the Law, that he that goeth in God's warfare should not be entangled in worldly affairs. Therefore, Tithes or more de jure divino.  

Anno, 355.  4. S. Hilary, in his book Explanationis in Matth. can. 24. Quia ea quae in decimis menthae & anethi lex praescribit,— Quia decimatio illa oleris, quae in praeformationem futurorum erat utilis non debebat omitti. Tithing of herbs not to be omitted, because profitable for the example of future times. Therefore now by that precept due.  

Anno, 370.  5. S. Gregory Nazianzene, Orat. 5. Christus appellatur Melchisedech, ut accipiens decimas a summis illis Patriarchis. If Christ as receiving Tithes, be called Melchisedech, than he received them, and if he, his priests.  

Anno, 374.  6. S. Ambrose, Serm. 34. in Feria 3. post Primam Dominicam Quadragesimae. Quicunque recognoscit in se quod fideliter Decimas suas non dederit, modò emendet quod minus fecit. Quid est fideliter Decimas dare, nisi ut nec peius nec minus aliquid Deo offerat, aut de grano suo, aut de vino suo, aut de fructibus arborum, aut de pecoribus, aut de hortis, aut de negotijs, aut de ipsa venatione sua? Quia de omni substantia quam Deus homini donat, decimam partem sibi seruavit; & ideo non licet homini retinere illud quod Deus sibi reseruavit. Tibi dedit novem parts; sibi vero reseruavit decimam partem: Et si tu non dederis Deo Decimam partem, Deus tollet à te novem parts.— Nam qui non vult Deo reddere Decimas quas retinuit, & homo non studet reddere quod iniustè ab eo abstulit, non timet adhuc Deum, & ignorat, quid sit vera poenitentia, veraque confessio: God hath reserved the Tenth part, He that payeth not the Tenth doth not yet fear God, nor know what is true repentance and confession. Therefore.  
Idem, in Sermone in Die Ascensionis. Ille vere bonus Christianus, qui de fructibus suis non gustat nisi prius ex ipsis aliquia Deo offerat, qui Decimas Deo annis singulis pauperibus erogandas reddit. He is truly a good Christian that payeth his Tithes yearly to God. Therefore.  
Idem, in Comment. in Luc. cap. 11. lib. 7. Comparat collationem Decimarum etiam vilium fructuum, operibus: judicium vero & charitatem, fidei; Et inde infert; Sed ne rursus fidei nos studiosos faciat operum negligentes, perfectionem fidelis viri, breve concludit, ut de fide & operibus approbetur, Dicens, Haec oportuit facere, & illa non omittere, Works are compared to Tithing of small herbs, as faith to judgement and mercy. In the 11. of Luke; But Works are de jure divino, though compared with faith. And therefore so must Tithes be.  
7. S. Hierome, upon the third of Malachi; 
Anno, 390.  Quod de decimis primitijsque diximus, quae olim dabantur à populo Sacerdotibus & Levitis, in Ecclesiae quoque populis intelligite, quibus praeceptum est, non solum decimas & primitias dare, sed & vendere omnia quae habent & dare pauperibus, & sequi Dominum salvatorem; Quod si facere nolumus, saltem judaeorum imitemur exordia, ut pauperibus partem demus ex toto, & Sacerdotibus & Levitis, honorem debitum deferamus. unde dicit Apostolus; Honora viduas, & presbyterum duplici honorem honorandum. Quod qui non fecerit, Deum fraudare & Dominum supplantare convincitur, & maledicitur ei in penuria rerum, qui parcè severit, parcè & metat, & qui in benedictione seminat, in benedictionibus fructus colligat abundanter. Christians are commanded to give Tithes and first fruits: He that doth not, spoileth and deceiveth God. Therefore.  

Anno, 398.  8. S. Chrysostome, Hom. 35. in Genes. Remuneravit Melchizedechum, & decimas ei segregavit, de omnibus quae attulit; Hoc loco doctor fit omnibus, ut declarantes gratitudinem, primitias eorum quae sibi à Deo concessae, offerant. Abraham's example, teacheth all in gratitude to offer First fruits or Tithes of all things which God hath given. Therefore due. And Hom. 18. in Acta Apost. Parumne est oro torcular benedici? Parumnè est Deum ex omnibus frugibus ac decimis, prius partem ac decimas accipere? Ad pacem Agricolarum hoc utile. The giving of Tithes procures a blessing. Therefore due.  
Idem, hom. 4. in 2. cap. ad Ephes. Quid enim non fecerunt hac in re judaei? Decimas ac rursus decimas, Orphanis, Viduis ac Proselytis contribuerunt. Nunc verò admirando quempiam dicere solemus, decimas ille, vel iste dat, quanta quaeso turpitudinis scatet, si quod apud judaeos, nullius erat admirationis, aut celebritatis, apud Christianosiam sit, unde debeat admirari? Si tunc periculum erat Decimas negligere, perpend quanti nunc istud fuerit? Intending to stir up the People's devotion he allegeth the example of the jews herein, comparing their bounty with our backwardness; They did freely and willingly pay Tithes of all to the Priest, and another Tenth also to the Poor. But we Christians can scarce afford to pay our bare Tithes, and at length he concludes with this consideration: If it were a danger then to the jews not to pay their Tithe; consider then, how great a danger it must needs be now if we neglect it. Therefore.  

Anno, 400.  9 S. Augustine, hom. 48 inter 50. Serm. Maiores nostri ideo copiis abundabant, quia Deo decimas dabant, & Caesaricensum reddebant, modò autem quia decessit devotio, accessit indictio fisci, noluimus partiri cum Deo decimas, modo autem totum tollitur: hoc tollit fiscus, quod non accipit Christus. Our forefathers did therefore abound with plenty, because they gave their Tithes to God, and paid their tribute to Caesar, but now because devotion is decreased, exactions have increased, we will not give the tenth part to God, and now all is taken away, that which Christ cannot have, Caesar will.  
Idem, in Psal. 146. Exime aliquam partem reddituum tuorum, Decimas vis, Decimas exime, quanquam parum sit; dictum est enim quia Pharisaei Decimas dabant.— Et quid ait Dominus, Nisi abundaverit justitia vestra.— Et ille super quem debet abundare justitia tua decimas dat, tu autem nec millesimam das? In this duty we are commanded by Christ to exceed the Pharisees. Therefore no less due de jure divino.  
Idem, in Serm. ad Fratres in Eremo. ser. 64. Et si aliquis est agricola qui terram colat, de fructibus suis & ex ijs omnibus quae Dominus ei donat, in decima Ecclesiam non defraudet, & de particulâ suâ pauperibus dare non negligat. Si negotiator est, & in hoc laborat, & ipse Deo non seruit de suo labour, vel decimam reddere noluerit, & de sua particula pauperibus ministrare non curauerit, ad nihilum ipse unà cum pecunia sua redigetur. Et quacunque arte Dominus alicui personae ingenium lucrandi donaverit, unde se & suos nutrire & vestire potuerit, & cum hoc superlucrari aliqua, post decimam, ex ipsa sua particula quae sibi remanet, pro redemptione animae suae ac suorum, pauperibus hilariter donet. If any one be a Husbandman that tilleth the ground, let him not defraud the Church, in the Tithe of his fruit and of all those things which God hath given him, and let him not neglect to give of his own part to the poor: If he be a Tradesman and bestows his pains thereon, and he do not serve God of his labours, or will not pay his Tithe, and takes no care to give of his own part to the poor; he himself together, with his money shall be brought to nought. And by what occupation soever, the Lord shall give wit to any person to thrive, by which he may be able to feed and  himself and his, and with it over and above gain something, after the Tithe, let him willingly give to the poor, of his own part which remaineth to him, for the benefit of his soul.  
Vide Sermonem de Tempore, 219. Which sermon is wholly for the payment of Tithes; and is published in English by that worthy lover of God's Church S. Henry Spilman, after his religious Treatise, De non temerandis Ecclesus, in which sermon are as many arguments, almost as sentences, to prove the divine right.  

Anno, 430.  10. Eusebius Emissenus, sine quis alius homil. in Dominic. undecima post Pentecosten super verba Pharisaei, Luc. 18. Pharisaeus stans haec apud se orabat etc. Nihil horum reprehensibile est, Nam & Deo pro beneficijs gratias agere, & bis in hebdomada ieiunare, & de omnibus decimas dare, bonum valde est & laudabile. None of these things (which the Pharisee there did) is reprooveable, for both to give thanks to God, and to fast twice a week, and to pay Tithes of all things, is very good, and laudable.  

Anno, 440.  11. Cassianus, Collatione 21. (praeter ea quae citantur à Seldeno, pag. 47.) cap. 25. dicit, Lege Mosaicâ, universo populo generalis est promulgata praeceptio; Decimas tuas & Primitias offeras Domino Deo tuo: Itaque qui substantiarum, omniumque fructuum decimas offer praecipimur, multo magis necesse est ut ipsius quoque conversationis nostrae, atque humani usus, operumque nostrorum Decimas offeramus, etc. Et cap. 33. Quicunque soluit Decimas fructuum suorum, atque Primitias, aut partem pecuniarum, constrictus legis antiquae sanctione distribuit. We are commanded by the general Law of Moses: We are bound by the decree of the ancient Law, and what is that but the moral which binds us, and by this Tithes are enjoined; Therefore due by the Law of God.  

Anno, 440.  12. Isidorus Pelusiota, lib. 1. epist. 317. Hermino Comiti; Praeclare Dominum ornas cum nobis fructuum tuorum Primitias tribuis, decimamque partem ex ubertate terrae tuae, ei à quo eam accipisti pendis; quam quidem tu in multa tempora habiturus es; Nunc quidem eorum quae opus sunt, sufficientem usum tibi custodientem; post autem sempiternam voluptatem afferentem. It doth much honour the Lord: It procures preservation of temporal blessings, and brings everlasting pleasure. Therefore.  

Anno, 490.  13 Caesarius Arelatensis, de Eleemosyna, hom. 2. Et quia non solum Decima nostrae non sunt, sed Ecclesiae deputatae, verum quicquid amplius quam nobis opus est à Deo accepimus, pauperibus erogare debemus. Est etiam locus notabilis, Serm. 14. post initium: Vbi etiam multa ex Augustino. Idem, hom. 37. Dominus dicit in evangelio, Omnem decimationem vestram distribuite, Ipse per Prophetam, Inferte omnem decimam etc. postea citat locum Augustini per totum. The Lord in the Gospel and by the Prophet Malachi commandeth it. Therefore.  
14. Eugippius in vita Sancti Severini, cap. 17. & 18. 
Anno, 510.  citatur pag. 47. Devotissime frugum suarum Decimas pauperibus impendebant, quod mandatum licet cunctis ex Lege notissimum sit, tamen quasi ex ore Angeli praesentis grata devotione seruabant. Et postea dicit Severinus, Si Decimas obtulissetis pauperibus, non solum aeterna mercede frueremini, verum etiam commodis possetis abundare praesentibus. It is God's commandment; It bringeth both eternal and temporal reward. Therefore.  
15. Anastasius Sinaita, in quaest. 13. 
Anno, 544.  libri qui vocatur Dux vitae, Quaestio est; Quantam suorum bonorum mensuram debet quispiam Deo offer? In responsione ex Chrysostomo in Matthaeum, post multa, sic ait; Si ergo is qui dat dimidium nihil operatur, quanti erit is, qui ne Decimam quidem praebet? He that payeth not, is not esteemed with God. Therefore.  
16 Concilium Matisconense secundum Can. 5. 
Anno, 586.  Citatur pag. 58. Leges divinae consulentes sacerdotibus ac ministris Ecclesiarum, pro haereditaria portione omni populo praeceperunt 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 etc. The Laws of God for the priests inheritance have commanded all people to pay Tithes to the Priests. Therefore.  
17. Gregorius Mag. hom. 16. in evang. citatur pag. 57 
Anno, 600.  unde fratres charissimi, sicut offerre in Lege iubemini decimas rerum, ita ei offerre contendite etiam decimas dicrum. Ye are commanded in the Law (speaking to Christians.) Therefore.  

Anno, 610.  18. Concilium Spalense siue Spanense citatum pag. 61. Omnes primitias & decimas, tam de pecoribus, quam frugibus, dives simul & pauper, Ecclesiis suis rectè offerant;— Omnis rusticus & artifex quisquis de negotio justo decimationem faciat.— Si quis autem haec omnia non decimaverit, praedo Dei est, & fur & latro, & maledicta quae intulit Dominus (〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Cain) non rectè dividenti congeruntur. He is a robber, a thief, is cursed as Cain, that payeth not praedial and personal Tithes. Therefore.  

Anno, 630.  19 Isidorus Hispalensis, in Glossa ordinaria super Gen. 16. At verò Patriarcha magnus decimas omnes substantiae suae Melchisedech sacerdoti post benedictionem dedit, sciens spiritualiter melius sacerdotium futurum in populo Gentium quam Leviticum,— unde & sacerdotes ex semine Abrahaenati, fratres suos benedicebant, quibus illi decimas, secundum Legis mandatum dabant. Eadem citat Rabanus lib. 2. cap. 16. in Genesin. Abraham paid to Melchisedech, considering the evangelical Priesthood. Therefore.  

Anno, 630.  20. Antiochus, hom. 120. Quantum attinet ad Primitias, his exoluendis modis omnibus obstringimur, ex his etiamnum quae sunt proprio quaesita labour, ex corporis viribus, quas benign ipse suppeditat Dominus, quasque sua solius providentia suggerit, dum nostri providam agat euram, juxta Scripturae tenorem dicentis,— ubi multos subiungit Scripturae locos, Haec enim omnia propter mandatum d● altissimo, juxta datum ipsius & multipliciter retribuet tibi. In bono oculo glorifica Deum, & no imminuas decimas manuum tuarum. In omni dato, hilarem fac vultum tuum, quia oblatio justi impinguat altar,— Itaque, ceu dixi, homo omnis primitias ac decimas offer debet Domino Deo: nec ullus est qui praetexere possit, ac tueri se velamine paupertatis; Nemo n. illa vidua pauperior uspiam invenitur, quae duo minuta obtulit; caeteris alioqui omnibus, ampliorem retulit gratiam: Praecipuè autem Monachi offerre Deo debent primitias ac decimas, nec eas modo quae in conspicuo sunt, ac propalam videntur, hoc est, ex ijs quae aliorum rum munere distribuuntur, aut ex opere manuum resiliunt commoda; sed & spirituales &c. Very many places of Scripture are produced, and thence for the commandment sake, we offer Tithes to God. Therefore.  
21. Exhortatio Ms. written about anno 700. 
Anno, 700.  citatur pag. 66. Ille bonus est Christianus qui ad Ecclesiam frequentius venit, & de frugibus suis non gustat, nisi prius ex ipsis Domino aliquid offerat, qui decimas annis singulis pauperilus reddit, qui sacerdotibus honorem. He is a good Christian that doth it. Therefore.  
22. Missa Aethiopica, tom. 4. Biblioth. SS. Patrum, citatur pag. 66. Rogemus pro ijs qui obtulerunt, munera sanctae unicae quae est super omnes Ecclesiae, sacrificium scilicet primarum decimarum gratiarum actionis signum & monimentum. Tithes the gifts of the holy Church the signs of our thanksgiving. Therefore.  
23. Beda, Histor. Eccles. lib. 4. cap. 29. 
Anno, 720.  De Eadberto Lindisfarnensi Episcopo. Eleemosynarum operatione insignis, ita ut juxta Legem Mosis omnibus annis decimam non solum quadrupedum, verum etiam frugum omnium & pomorum; nec non & vestimentorum partem pauperibus daret. Et in Scintillis, cap. 29. Habet titulum de Decimis, Vbi textus Malachiae 3. Pauli ad Hebraeos 7. de Filijs levi Sacerdotium accipientes etc. & postea, Augustini verba citat varia. Idem, cap. 36. quaest. super Exodum. In decimis itaque Domino offerendis, denarius numerus perfectionem significat, quia usque ad ipsum numerus crescit; itaque sicut in primitijs, principia voluntatum, ita in decimis consummationem nostrorum operum ad Deum referre praecipitur. Eadem ipsa Isidorus cap. 36. Comment. in Exodum habet. The imitation of the Law is commended; The Prophecy of Malachi produced; And the 7. of the Epistle to the Hebrews applied: By Tithes perfection is signified, and in type it is commanded that we offer in Tithes the perfection of our works. Therefore.  
24. Synodus Angliae, 
Anno, 786.  anno 786 sub Legatis ab Adriano primo (ex Centuriatoribus tom. 8. cap. 9 citatur pag. 199.) can. 17. Sicut in Lege scriptum est, Decimam partem ex omnibus frugibus tuis seu primitijs deferas in domum Domini Dei ●ui: 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,— Sicut ait Sapiens, Nemo iustam Eleemosynam, de his quae possidet facere valet, nisi prius separaverit Domino, quod à primordio ipse sibi reddere delegavit. Ac per hoc plerunque contingit, 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. It is commanded by the Law: By God in the Prophet Malachi: God from the beginning hath appointed them to be given him. Therefore.  

Anno, 791.  25 Synodus Foroiuliensis, anno 791. citatur pag. 64. De decimis vero & primitijs— nihil melius puto dicere, quam quod scriptum est in Malachia Propheta, dicente Domino, Inferte omnem decimam— Quis non timeat vel contremiscat illam maledictionem quam minatur nolentibus offer? It is inferred from the Prophet Malachi; the curse threatened is applied to Christians. Therefore.  

Anno, 800.  26 Capitulare Caroli Magni etc. lib. 6. cap. 29. Decimas tuas ac primitias non tardabis offerre Domino, de filijs tuis primogenitis: De bobus quoque ac ovibus similiter facies.— & cap. 189. Annuntient Presbyteri plebi publicè, ut primitias omnium frugum terrae ad benedicendum afferant, & sic postea inde manducent; Et decimas ex omnibus fructibus, & pecoribus terrae, annis singulis ad Ecclesias reddant, & de novem partibus quae remanserint, Eleemosynas faciant. The precept of the Law is urged, and thereupon payment enjoined. Therefore.  

Anno, 812.  27. Aponius in Cant. in verba, Et odor vestimentorum tuorum. Vestimenta Ecclesiae eos opinor intelligi, qui in Dei omnipotentis honorem, decimas de justis laboribus suis Ministris Ecclesiae praebent; sicut in Levitico Dominus fieri jubet. Ex summariolis Lucae Abbatis. They that pay Tithes as God commanded in Leviticus, are the garments of the Church in the Canticles. Therefore.  
28 Concilium Arelatense quartum, 
Anno, 813.  sub Carolo Magno, can. 9  unusquisque de proprijs laboribus Decimas & Primitias Deo offerat, sicut scriptum est. Decimas & primitias tuas non tardabis offerre Domino Deo tuo. As it is written, Let each man offer his Tithes of his labours. Therefore.  
29 Concilium Moguntinum 1. eodem anno, cap. 38. 
Anno, 813.  Admonemus & praecipimus, ut decimas Deo omnino dari non negligatur, quas Deus ipse sibi dari constituit. God hath appointed Tithes to be given him. Therefore.  
30 Paschasius Ratbertus, in Matth. Lib. 10. 
Anno, 820.  Dixerat enim supra, quod nec unus apex iotae praeteribità Lege, idcirco nec nunc decimationem minimarum rerum relaxat, sed ut omnia integrè compleantur; mandaverat enim judicium verum, & justitiam servare, misericordiam facere, & habere fidem, propter gloriam nominis sui: Decimas autem offerre licet, & ipsae ad honorem Dei datae pertineant, tamen propter utilitatem Sacerdotum dabantur, ut usibus eorum deseruirent. Christ doth not remit the Tithing of the least things, because no jot of the Law must pass: To offer Tithes belongeth unto the honour of God. 
Anno, 828.   
31 Agobardus, Lib. de dispensatione etc. Rei Ecclesiasticae contra sacrilegos. pag. 266. Notum est cunctis Scripturam legentibus, ab initio humani generis Sacerdotes fuisse,— sed & decimas— sacerdotibus redditas. Et pag. 277. Sic nempe à Patribus intelligitur, quod dictum est; Reddite Caesari, quae sunt Caesaris, id est, tributa & vectigalia; quae autem sunt Dei, Deo, id est, decimas, primitias, caeteraque donaria, tam vota, quam spontanea,— postea, Commendat autem Deus haec facienda, ubi ait, Vae vobis Scribae & Pharisaei hypocritae, qui decimatis etc. cum illico subiungit, Haec oportuit facere, & illa non omittere. Oportet igitur, & semper oportebit quod Deus oportuisse testatur, neque parvi peudendum suit, aut erit unquam quod Deus vel fieri jussit, vel factum facientis devotione commendavit. Totus Liber dignus qui exscribatur.  
Idem, in Libro contra insulsam vulgi opinionem de grandine & tonitruis pag. 155. Multi sunt qui sponte sacerdotibus decimam nunquam donant; Viduis & Orphanis, caeterisque indigentibus Eleemosynas non tribuunt; quae illis frequenter praedicantur, crebro leguntur, subinde ad haec exhortantur, & non acquiescant etc. They were paid from the beginning of the world, Tithes are reckoned among things that must be given to God, because they are his: God commanded them to be given; These things ye ought to have done etc. That therefore always shall be necessary to be done, what God saith aught to have been done; Neither must that be neglected, which God either commandeth to be done, or commendeth the devotion of the doer: They are often preached, read, exhorted to be paid. Therefore.  

Anno, 837.  32 Concilium Aquense, cap. 18. Quod Melchisedech sacerdos Dei altissimi, typum gesserit Christi, catholica sentit Ecclesia, quod ei Abraham decimas ex omnibus dedit, ipsius Abrahae ingentia commendantur praeconia, Quem imitantur, qui sacerdotibus Christi ob illius amorem & honorem decimas daunt, & ab illius merito sequestrantur, qui Deo oblatas decimas auferunt. Abraham is commended for giving Tithes: They imitate him who give them for the honour and love of God: and are separate from his merit who take them away. Therefore.  

Anno, 849.  33. Druthmarus, in Matth. cap. 56. Hoc oportuit facere, id est, judicium & misericordiam, & fidem & ea quae ad hoc pertinent, & illa non omittere decimas accipere; Videant magistri Ecclesiarum, qui habent simile ministerium in populis, & tenent praedia Ecclesiarum, ne similes illis fiant, si tacuerint populis vitia sua. The possessions of the Church are such as Christ commandeth not to omit to be paid. Therefore.  

Anno, 849.  34. Walafridus Strabo, de Rebus Ecclesiasticis, cap. 27. Decimas Deo & sacerdotibus dandas Abraham factis, jacob promissis insinuat, deinde Lex statuit, & omnes doctores sancti commemorant. Et profectò dignum erat, ut Israelitae decimas frugum & pecorum & omnium pecuniarum Domino darent.— Cum itaque Iudaicus populus praeceptum decimaerum, tantae diligentia obseruaret, ut de minimis quibuscunque olusculis— decimas darent; Curio non maiori studio plebs evangelica eandem impleat iussionem; cui & maior est numerus sacerdotum, & sincerior cultus sacramentorum? Ideo ergo dandae sunt decimae, ut hac devotione Deus placatus largius praestet quae necessaria sunt— Ac ut sacerdotes & ministri Ecclesiae, cura & solicitudine necessitatum corporalium, quibus sine, haec vita transigi non potest relevati, liberiores fiant ad meditationem divinae Legis, & doctrinae administrationem, atque spiritualis seruitij voluntariam expletionem etc. The fact of Abraham, the promise of jaacob, the Law, besides all the holy Fathers are urged: Christians ought to fulfil that commandment more than the jews; because now more number of Priests, better service, that they may better discharge their duties. Therefore.  
35 Rabanus in Num. lib. 2. cap. 23. 
Anno 849.  Et in veteri & in novo Testamento, ministris Altaris & seruitoribus Templi, Domini mandatum est, de oblationum largitate, & decimarum, nutrimentum habere. It is the Lords commandment, both in the old and new Testament, that the Priests should have sustenance by Tithes. Therefore. 
Anno 860.   
36 Anastasius Abbas Graecus, in lib. contra judaeos. Apud Canisium tom. 3. Antiquar. Lectionum pag. 180. Ad hunc locum devenit Paulus ut ostenderet Sacerdotij nostri excellentiam, supra vetus, Quae quidem maior excellentia, in ipsis typis rerum designata suit, siquidem Abraham— progenitor Levi, locum Laici tenuit in Melchisedech, quandoquidem decimas ei dedit, ut dare solent Laici Sacerdotibus: Et à Melchisedech benedictionem accepit, ut solent etiam Laici à Sacerdotibus. The Priesthood of the Gospel, more excellent than that of the Law, proved by paying of Tithes out of the Epistle to the Hebrews. Therefore.  
37 Hincmarus Rhenensis dialog. de statu Ecclesiae pag. 653. 
Anno 860.  Quid de vobis dicam, seculares, qui non solum Ecclesias, sed etiam ipsa altaria possidere vultis? nunquid vos qui oblationes pauperum comeditis & bibitis, ad offerendas Deo hostias, pro ipso populo accedetis? Vos horrea frumento, & cellaria ex his quae Ecclesiae sunt, vino complebitis, & sacerdotes eius fame affligetis? cur non pertimescitis judicium Dei? Panes propositionum non licet com●d●re, nisi mundis & purificatis sacerdotibus? & vos cum uxoribus & ancillis vestris, & quod peius est, nonnulli cum scortis decimas & oblationes fidelium marducabitis? Coram vobis ardebit candela, quae Deoest oblata, & eius altar & sacrificium sine lumine erit?— & postea. pag. 660. Lay-men in having Tithes break the Law of God, must therefore fear the judgements of God. Therefore.  

Anno 890.  38 Rhemigius Antissiodorensis, in Malach. 3. Quod de illorum decimis diximus, de Ecclesiae populis possumus dicere, quibus praecipitur, ut non solum decimas dent, sed ut etiam sua omnia pauperibus, & Ecclesiae ministris largiantur, etc. ad sensum Hieronimi. Christians are commanded to pay Tithes and more. Therefore.  

Anno 890.  39 Concilium Metense, sub Arnulpho cap. 2. Dominus loquitur per Prophetam, dicens, Adferte omnem decimam— Ideo statu●mus, ut nemo seniorum de Ecclesia sua accipiat de decimis aliquam porteonem, sed solummodo sacerdos, qui eo loci seruit ubi antiquitus decimae fuerunt consecratae. The Lord's commandment by the Prophet Malachi, made the ground of a Canon for Tithes. Therefore.  

Anno. 895.  40 Concilium Triburiense, sub eodem. Ibi citatur Augustinus ubi supra, & epistola Gelafiis cap. 27. St. Augustine sermon. 219. de tempore, is wholly to prove it. Therefore.  

Anno 948.  41 Concilium Ingilenhemense, cap. 9 Apud Canisium Antiquarum Lectionum. tom. 5. pag. 1060.  decimae quas Dominus praecepit in horreum suum deferri, si Ecclesiis Dei non fuerunt redditae, sed nefariâ cupiditate quae saevior Aetnae ignibus ardet, à secularibus fuerunt retentae, secularia super hoc non exerceantur judicia, nec in forensibus discutiatur causis etc. The Lord commandeth them to be brought into his barn: To detain them is an ungodly desire. Therefore.  
42 Statuta Synodorum, Ms. being written 900. 
Anno 900.  years after Christ, citatur pag. 210. wherein for the right of Tithes, the Mosaical commandment, and a passage in S. Augustine is brought. Therefore.  
43 Leges Athelstani, made about the year 930. 
Anno 930.  by the advice and consent of the Bishops of the Land, commanding a general payment of all praedial Tithes, as they are cited pag. 213. 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; Et Episcopi mei similiter faciant de suo proprio, & Aldermanni mei, & Praepositi mei.— And after is added the example of jaakob, with some Texts of holy Scripture, and places of S. Augustine, to show upon what authority they grounded their Law, even upon the Law of God.  
44 Constitutiones sub Odone Archiepiscopo Cantuariensi, anno 940. The tenth and last Chapter whereof, 
Anno 940.  are only for Tithes. Decimo Capitulo mandamus, & fideliter obsecramus de decimis dandis, sicut in lege scriptum est, Decimam partem ex omnibus frugibus tuis, seu primitijs deferas in domum Domini Dei tui. Ru●sum, per Prophetam, Adferte, inquit, omnem decimam— unde & cum obtestatione praecipimus, ut omnes studeant de omnibus quae possid●nt dare decimas, quia speciale Domini Dei est, & de novem partibus sibi vivant, & eleemosynas tribuant. Citantur pag. 217. The Law is urged for it, And the Prophet● Malachi: It is the peculiar inheritance of the Lord God. Therefore.  
45 Poenitentiale ex Burchardo, citatum pag. 124. 
Anno 1000  Hast thou at any time neglected to pay thy Tenths to God, which God himself hath ordained to be given him. Therefore.  
46 Concilium sub Aethelredo, ann. 1010. citatum pag. 221. 
Anno 1010.  Wherein some Canons are for the just payment of Tithes, Ecclesiae antiquitùs constitutae, to the ancient Mother or Parish Church: and Tithes are there reckoned among things due to God. Therefore.  

Anno 1020.  47 Elias Cretensis in quintam orationem Greg. Nazianz. Abrahamus decimas Melchisedecho dedit, videlicet omnium manubiarum quas secum ferebat, his scilicet Melchisedecho secretis vicem ei rependit, eoque facto mortales omnes docet, ut sese gratos erga Sacerdotes exhibeant, ijsque decimas omnium dent, qua Deus ipse suppeditarit. Abraham's example teacheth all thankfulness toward the Priest, in giving the Tithes of all. Therefore.  

Anno 1050.  48 Leges Edwardi Confessoris, citatae pag. 224. De omni annona decima garba Deo debita est, & ideo 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 vero non fecerit, lac decima die: similiter agnum decimum, vellus decimum, caseum decimum, butirum decimum, porcellum decimum. De apibus similiter, decima commedi. 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,— Haec enim praedicavit B. Augustinus, & concessae sunt à Rege, Baronibus & populo. It is due to God, and therefore to be paid.  

Anno 1050.  49 Humbertus Cardinalis contra Graecorum calumnias; Denique, si vetera non proficiendo, sed deficiendo transierunt, unde vobis Templum, Altar,— unde Primitiae ac Decimae? postremo unde vobis dilectio Dei & proximi, ac reliqua mandata Decalogi. Tithes and First fruits continue from the Law. Therefore.  

Anno 1060.  50 Petrus Damianus Lib 1. Epist. 10. Inter omnia porrò hic mala, illud excedit, & diabolicam propemodo videtur aequare nequitiem, quia praedijs in militiam prostigatis, omnique possessione terrarum, insuper etiam & decimae & plebes adduntur in beneficium secularibus. Idem lib. 4. epist. 12. Sunt etiam qui plebes secularibus tradunt, ij nimirum tanto gravius delinquunt quanto & sacrilegium committere convincantur, quia & sancta profanant.— Quid est enim decimas in usum secularium vertere, nisi mortiferum ijs virus, quo pereant exhibere? Idem, lib. 5. ep. 9 Nunquid coniugati, qui filios nutriunt, qui Deo decimas ex ipsius authoritate persoluunt? The infeodation of Tithes is devilish, is sacrilege, is to profane holy things: They are paid by the authority of God. Therefore. 
Anno 1070.   
51 Concilium apud Windesoram, ex Ms. Excestrensi, held some years after the Normane conquest; whereof one Canon is,  Laici Decimas reddant, sicut scriptum est. It is written, is produced. Therefore.  
52 Vrbanus 2. 
Anno 1085.  in Charta Monachis Cluniacensibus in Biblioth. Clun. pag. 1448. Quia vero Decimae tam veteri quam nova Lege Ministris Ecclesiarum noscuntur esse concessae. Tithes granted to the Clergy, both by the old and new Testament. Therefore.  
53 Ivo Carnotensis, Epist. 12. 
Anno 1088.  Multa inordinata video in domo Dei, quae me torquent; maximè quod apud nos, qui altari non serviunt, de altario vivant, à quo sacrilegio eum eos absterrere velim— Idem Epist. 192. Licet enim decimae & oblationes principaliter Clericali debeantur militae, potest tamen Ecclesia omne quod habet, cum omnibus pauperibus habere common. Idem in Panormia, tit. de Decimis, citat Concilium Rothomagense, cap. 3. Omnes Decimae terrae, sive de frugibus, sive de pomis arborum, Domini sunt, & illi sanctificantur, boves, & cues, & caprae, quae sub virga pastoris transeunt; Quicquid decimum venerit, sanctificabitur Domino. (Concilium istud citatur in Synodo provinciali apud Westmonasterium, 1174. Et ante ab Anselmo Lucensi in Collectaneis.) It is sacrilege for those that live not at the Altar, to enjoy them: All Tithes are the Lords, and are sanctified to him in the words of the Law. Therefore.  
54 Zacharias Chrysopolitanus in libro vocato, 
Anno 1101.  unum ex quatuor. lib. 3. cap. 126. Caesaris sunt nummi, tributa, pecunia, Dei vero sunt decimae, primitae, oblationes. Idem cap. 141. Scimus quidem Decimas offerri Deo propter Sacerdotes, qui spiritualia debent ministrare populo: sed adhuc body Sacerdotes, si populus Decimas non offerant, murmurant; si peccantem populum videant, non murmurant. Tithes are Gods, as Matth. 22. To him they are offered for his Priests. Therefore.  

Anno 1129.  55 Synodus sub Willihelmo Archiepiscopo, an. 1129. Decimas sicut Dei summi Dominicas, ex integro reddi praecipimus. These are the Demesnes of the most high God. Therefore.  

Anno 1130.  56 Hugo de sancto Victore, Erudit. Theol. de Sacramentis, libr. 1. part 12. capite 4. Probabile tamen est, omnino hominem ad haec exercenda à principio à Deo instructum & eruditum fuisse. unde enim homo rerum suarum decimam potius quam nonam, vel octavam, vel aliam quamque partem offerendam esse scire potuisset, nisi à Deo doctus fuisset? From the beginning were men taught by God to pay Tithes. Therefore.  
Idem de Sacramentis, libr. 2. part 9 cap. 10. Eiusmodi ergo sunt quae sancta dicuntur, vel Sanctis sanctificata, quaecunque Ecclesia possidet in substantia terrena, sive in pecunia, sive in terra, maxim in Decimis, quae ab initio ita institutae sunt, ut nunquam à ministerio divino sive illorum qui deseruiunt, & ministerio divino deputati sunt, usu, sine peccato abalienari potuissent. Hae quidem in principio, ob formam Sacramenti, magis institutae videntur, postea autem sub Lege scripta, & sub Lege Gratiae ad sustentationem Ministrorum Dei, sunt reseruatae; Ita ut in ijs & devotio offerentium mereretur, & accipientium necessitas consolaretur. Hae igitur nullo modo ab usu Ecclesiae abalienari possunt, neque in possessionem laicam, sive commutatione, sive donatione transire. Et postea; Decimas quoquo modo vsurpar●, & retinere sine sacrilegij culpa non possunt, nisi soli ad quorum sustentationem divina institutione ordinatae sunt. Et postea; Ex quibus si quid forte ad sustentationem eorum qui in Ecclesiasticis officijs non deseruiant, sed tamen in secreta divino seruitio mancipati sunt, accommodantur, indulgentia est, non debitum; ita tamen ut hoc ipsum de portione sit pauperum, non de sustentatione Clericorum. Idem part. 10. cap. 5. Decimae quae ab initio institutae sunt ad eorum tantum sustentationem, qui Tabernaculo deseruiunt. Tithes were from the beginning instituted, under the Law of Grace reserved, ordered by God's institution for the Clergy, and them alone. Therefore.  
Idem in Annot. elucidator. in Geneseos cap. 4. Credimus Deum docuisse Adam cultum divinum, quo recuperaret eius benevolentiam quam amiserat per peccatum transgressionis, & ipse docuit filios suos dare scilicet Decimas & primitias. God taught Adam, and he his children, to pay Tithes. Concerning first fruits, see Athanasius in Serm. Omnia mihi tradita sunt à Patre.  
57 Hugo Pontiniacensis, 
Anno, 1130.  & Bernardus Claraevallensis in Epist. ad Abbatem & Conuentum Maioris Monasterij post juonis epistolas. pag. 545. Clericorum est Altari deseruire, & de Altario vivere,— Vos cum illis partimini beneficium, cum quibus non exhibetis officium; Paulus clamat pro Clericis, immo ante ipsum Moses; Non alligabis os bovi trituranti.— Quisquis plantat vineam— Per totam circa usurpationem Monachorum in Decimis. Tithes denied to Monks by authority of Scripture, 1. Cor. 9 Deut. 25. 1. Tim. 5. It is the whole intent of that Epistle.  
58 Petrus Comestor, Histor. Scholast. in Genesin. cap. 26. 
Anno, 1145.  Speaking of the Offerings of Cain and Abel, saith: Creditur Adam in spiritu docuisse filios, ut offerrent decimas Deo & primitias. The payment of Tithes taught by Adam under the Law of Nature. Therefore.  
59 Gratianus in Decretis passim. cause 16. q. 1. & q. 7. & q 4. 
Anno, 1145.  c. placuit & alibi. Out of whom many testimonies might be excerpt, to make up number; but thither I refer the ingenuous reader. Therefore:  
60 Synodus Provincialis apud Westmonast. anno. 1174. 
Anno, 1174.  There out of a Synod at Rosne, (quoted before by Ivo in his Panormia) is this Canon cited and confirmed, Omnes decimae terrae, sive de frugibus, sive de fructibus, Domini sunt & illi sanctificantur, sed quia multi modo inveniuntur decimas dare nolentes, statuimus.— The Law in the last of Leviticus is the ground of the Canon in that council. Therefore:  

Anno, 1177.  61 joannes Sarisburiensis, de Nugis curialium. lib. 7. c. 21. citat. pag. 127. Miror ut fidelium pace loquar, quodnam sit, quod decimas et iura aliena usurpare non erubescunt: Inquient forte religiosi sumus; plane decimas solvere religionis pars est & postea. Exemptiones derogant constitutioni divinae. To pay Tithes is a part of religion. Exemptions from payment derogate from the Law of God. Therefore.  

Anno, 1178.  62 Alexander. 3. in Epist. ad Rhemensem Episcopum. Extr. de Decimis cap. 14. & 15. Decimae non ab hominibus, sed ab ipso Deo institutae sunt. Idem ad Cantuariensem in Concil. Lateran. part. 4. cap. 2. Institutioni divinae manifestius obuiant, qui decimas Ecclesiis non persoluunt. Idem epist. 19 (Edit. post Petrum Cellensem) Archiep. Vpsellensi, etc. Praetereà illud adijciendum mandamus, quatenus populum regimini & gubernationi vestrae commissum, decimas Ecclesiis fideliter & devote persoluere, Sicut ab ipso Domino noscitur institutum diligenter ac solicit moneatis— juxta illud Malachiae Prophetae. Ibi citat Concilia, Moguntinense & Rhothomagense, quae anteà adducta sunt. Tithes instituted not by man, but by God: They that pay not, resist the ordinance of God. It is instituted by the Lord: The Prophet Malachi is produced. Therefore.  

Anno. 1178.  63 Fredericus Barbarossa. apud Goldast. Constitut. Imper. tom. 2. p. 50. citat. p. 474 Scimus à Deo decimas & oblationes Sacerdotibus & Levitis primitias deputatas— We know Tithes and Oblations appointed to the Priests by God himself. The same words are referred to the Emperor Henry the 6. the son of Frederick, by Arnoldus Lubecensis in Supplem. chron. Sclavorum lib. 3. c. 18.  

Anno, 1178.  64 Richardus Cantuariensis, siue Petrus Blesensis epist. 82. Contra privilegium Cisterciensium, Epistola notabilis. Et quae est haec iniurios● immunitas, ut exempti sitis à decimarum solutione, quibus obnoxiae terrae erant, antequam vestrae essent, & quae solutae sunt hactenus, non personarum obtentu, sed territorij ratione? Si in vestram possessionem terrae devolutae sunt, quare in hoc periclitatur alienum ius? nam ad vos terrae juxta communem aequitatem, cum suo onere transierunt.  quid in alienam iniuriam terras & nutrimenta vestra privilegiari facitis, ut auferatis quod alienum est? Nunquid Abel de nutrimentis suis Dominum non respexit? nunquid iustiores estis primo omnium justo ut vos contra dei justitiam erigatis? per Prophetam praecepit Dominus, Decimas inferri in horreum suum, vos ab eius horreo iubetis auferri; Habet justitia divinae legis, ut in Levitarum sortem cedant decimae; unde & justitiae divinae manifestè resistit, qui ministris Ecclesiae nititur ius decimationis auferre. Sane & ex his & consimilibus satis liquet, quod si virtus obedi●ntiae esset, in solutione decimarum, aut reddituum, aut exhibitione juris alieni, facile detrectaretis obedientiae jugum. Milites Galliarum sibi ius decimationis usurpant, nec vestris privilegijs deferentes eas a vobis potenter extorquent. Aduorsus eos debetis insurgere, non adversus Clericos, aut Ecclesias clericorum. Deberetis recolere vos quandoque fuisse Clericos, atque Sacramenta salutis, in earum Ecclesiis percepisse. Sed Christianae professionis vinculum, & devotio filialis, affectus privignales induit, & sub religionis praetextu, transijt in contemptum. Non ponimus os nostrum in coelum, nec de facto summi Pontificis disputamus. Sed si Dominus Papa indulgentiâ speciali quandoque privilegiavit vos, dum ordo vester in paupertate gaudebat, dum in usus egentium suae lenitatis viscera liberaliter effundebat, potuit tolerari ad tempus, licet in communem redundavit iniuriam, quod causa necessitatis fuerat introductum. Nunc autem quando vestrae possessiones multiplicatae sunt, etiam in immensum, privilegia haec potius ambitionis quam religionis instrumenta censentur. Quicquid indulgeant privilegia Romanae Ecclesiae, vobis expedire non credo, contra conscientiam vestram quod alienum est usurpare. Quod si à se de illa publicum emanasset edictum, quod ubicunque inveniretis Clericos, aut alterius habitus Monachos equitantes, vobis liceret eos è suis evectionibus deijcere, & equos in usus proprios retinere. Quid interest equos rapiatis an decimas? Nisi quia decima res spiritualis est, & ideo enormius sacrilegium in decimis committitur quam in equis. Cum Dominus praecipiat decimas solui, quis contra eius praeceptum potuit dispensare? Vbi divina & humana iussio sibi invicem contradicunt, obediendum est Deo, magis quam hominibus. Cum sint duae leges exterior & interior, interior semper praeiudicat, quodque puritas conscientiae dictat mihi, exteriori praecepto fortius est, & omnem indulgentiam alienae despensationis evacuat. Si filii Israel de mandato Domini & in retributionem longi obsequij, quod Aegyptijs impenderant, eye vasa argentea & aurea o●tulerunt; non expedit vos haec ad consequentiam trahere nisi constet Dominum haec mandasse; & vos nobis tanquam Aegyptijs longae servitutis obs●quium impendisse. Consultius ergo & modestius agentes, date operam, ut praedictae ambitionis nota, quae ve●trae sanctitatis titulos dehonestat, abscindatur à vobis, nec prorebus perituris, common in vos scandalum excitetis. Vae illis per quos scandalum venit. In restitutione rei alienae, non credatis conditionem vestram in aliquo laedi: Nam si quid utilitatibus vestris deperit hac in part, devotio populorum, quae nunc erga vos plurimum turbata est, totum hoc pleniore munificentia restaurabit. Quod si pertinaces vos & inflexibiles exhibitis, vinculo anathematis innodabimus universos, qui aliquid vobis dederint, aut vendiderint, unde ius decimationis obueniat; & in coelum clamabimus, & ad thronum summi judicis appellabimus, ne quis huius vinculum excommunicationis absoluat: Principum etiam favorem in hac plenissimè obtinebimus, ut gladio spirituali, manus civilis assistat; Et quicquid contra principale or aculum venditum aut donatum vobis fuerit, confiscatur. Autequam ergo res in deteriorem vergat exitum, vestrae famae m●turius providentes, velitis assuescere solution, decimarum, illarum maxime quas cum maiori omnium rancore & odio usurpatis, & quas Clerici, sive Monachi hactenus perceperunt. Nam si de novalibus tantum, sicut beatae recordationis Hadrianus Papa constituit, decimas retinetis, nobis in ear damnum erit tolerabilius, cuius emolumenta non sensimus. Verum juxta Philosophi sententiam, Non sine dolore amittitur, quod delectabiliter & commode possidetur. This I have cited at large, as being a most notable and persuasive Epistle, wherein to prove directly, the divine right of Tithes, he saith: The refusers set themselves against the justice of God; so they that endeavour to take them away. The Prophet Malachi is produced. It is the justice of God's Law, that Tithes should be the Priests: To be privileged is ambitious, not religious: It is against conscience to retain them. It is worse than theft: Since God hath commanded Tithes to be paid, who can dispense? It is God's commandment we must obey God therein. Therefore.  
Vide Epist. 102. eiusdem Petri Blesensis, Where the Abbot of Reading being scrupulous in conscience, about retaining Tithes, brings against himself the words of the Psalmist; Sumite psalmum & date tympanum: Which words are applied by many for the right of the Clergy.  
65 Helmoldus Historiae Selavorum cap. 3. 
Anno 1180.  Ea conditio à Rege (id est Carole) propositâ & ab ipsis (id est Saxonibus) suscepta est, ut abiecto daemonum cultu, Christianae fidei sacramenta susciperent, essentque tributarij & subiugales Domini Dei, Omnium iumentorum suorum & fructuum culturae, scu nutriturae suae partem sacerdotibus legaliter offerentes. (Idem in ipso Caroli Privilegio Krantz. Metrop. lib. 1. cap. 4.) Et cap. 92. Viri Holsati— devoti quidem in Ecclesiarum constructione, & hospitalitatis gratiâ, sed decimis juxta divinum praeceptum legaliter persoluendis, rebels existebant. Caetera multa quae citantur pag. 472. To offer Tithes is to be tributary and subjects to God. They pay Tithes according to the divine precept legally. Therefore.  
66 Coelestinus 3. tit. de Decimis cap. 23. Ex transmisso. 
Anno 1191.  Fidelis homo de omnibus quae licitè potest acquirere, decimas tenetur erogare. Every faithful man is bound to pay them, Therefore, because a work of faith, commanded.  
67 Synodus Eboracensis sub Huberto, anno 1194. 
Anno 1194.  Citatur pag. 229. Cum Decimae sunt tributa egentium animarum, & ex praecaepto 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, post modum de novem partibus mercedes messorum & aliorum seruientium pro arbitrio soluentis tribuantur. Tithes ought to be given, as the Lord commanded. Therefore.  

Anno 1200.  68 Synodus Westmonasterij sub eodem, anno 1200. Citatur pag. 230. Cum Deo & Sacerdotibus Dei, Decimas dandas, Abraham factis, jacob promissis innuerat, & authoritas veteris & novi Testamenti; nec non & statuta sanctorum Patrum declarent— Ibi etiam citat Concilium Rothomagense. Abraham's fact, and jacob's promise insinuate, and the authority of the old and new Testament, and the statutes of the holy Fathers declare them to be paid. Out of the Council of Rosne the Law in Leviticus cited. Therefore.  

Anno 1200.  69 Stephanus Tornacensis, Epist. 171. Tangit nos haec plaga communis pater, quae tantum non invitat, sed etiam invitum trahit, ut & soluatis Decimas, & exigatis. Successores Melchisedech filios Aaron non excusant, nec Levitarum immunitas portione sibi concessa gaudere permittitur, cum universos fiscus absorbeat. Idem epist. 74. Credo pater, quia Cistercienses sunt de numero eorum, qui violenter diripiunt coelum; sed utrum violenter illis terram rapere licet, nondum legi. In receiving Tithes, Priests are the successors of Melchisedech. Therefore.  

Anno 1200.  70 joannes de Beleth in divinorum officiorum explicatione, cap. 5. In veteri Lege praeceptum est, ut ex omnibus bonis darent decimas, quod ex omnibus Deus sibi decimam voluit, quam tribui levi in celebratione sui officij appropriavit: Sic nos utique humiliter facere debemus. Quod si vero à Laicis injust possideantur, nihilo tamen minus, eas tenemur solvere. Nec sane licitum est cis connivere, aut de his dispensare, sed illas tantisper reddere, donec Deus iniustam eorum possessionem in melius emendaverit. Proinde si quis decimas retinere praesumpserit, certe ille transgressor & praevaricator praecepti divini iam factus est, & mortaliter peccat. Atque etiam qui hoc non fecerit, sciat se non solum decimam retinere, sed quod & novem alias parts injust non dubitat possidere, tantum est non reddere, quod ad Deum pertinet. We must pay Tithes as in the Law is commanded, God will have Tithes of all: There is no indulgence, no dispensation in them: He that payeth not, is a transgressor of the Law of God; sinneth mortally: he unjustly possesseth the rest of his estate. Tithes belong to God.  
71 Innocentius 3. In serm. 3. the dedicatione Templi, 
Anno 1200.  citatur pag. 78. Graviter ergo peccant, qui decimas & primitias non reddunt Sacerdotibus, sed eas pro voluntate sua distribuunt indigentibus. Idem Extr. de Decimis, c. tua, Quae divinâ institutione debentur. Et cap. tua nobis. Quas Deus in signum universalis sui dominij, sibi reddi praecepit, sua esse decimas & primitias asserens.— post, Sacerdotibus ex mandato divino debentur. They sin grievously, that pay not Tithes to the Priests. Tithes are due by divine institution. God hath appointed them to be paid, in sign of his universal dominion. Therefore.  
72 Fredericus 2. Constitut. Sicularum, libr. 1. tit. 6. 
Anno 1212.  Attendentes quod solutio decimarum, quarum debitum ex utriusque Testamenti tabulis confirmatur, tanto in Ecclesiis Dei preciosior redditur, quanto decimalis oblatio de bonis hominum, velut electum quoddam spirituale peculium à Domino reputatur. The duty of payment of Tithes is confirmed out of the Tables of both Testaments. The offering of Tithes is accounted by the Lord as a choice spiritual peculiar profit.  
ANd thus out of my few books and small reading, have I collected a Septuaginta duo; not interpreters, but witnesses of the divine right of Tithes: Whereof many are full of particulars, as Counsels, and Statutes, and all before the year MCCXV. To whom, if I should add the whole number of canonists, (until Navarre and Couarruuias) and the old Schoolmen, who required either this proportion, or a greater portion even de jure divino: And many other late learned Divines, both Protestants and Papists, by others produced, besides the Counsels, Determinations, Ordinances of State, Bills of Parliament, both Foreign and Domestic by himself related, I might paginam. non causam implere, writ much, not more. For, aut hic testium satis est, aut nihil satis, as Varius said either this is witness enough or nothing is enough. Now, since these have applied the Scripture, expounded the sense, propounded their sentences, added their reasons for the Ius divinum of Tithes, 
Epist. 190.  what remains but obedience? unless we will be of Abelardus proud humour in St. Bernard, Omnes sic, Egò autem non sic, All are of one mind, but I am of another. Now neither the Schoole-tricke of exemplariter, non obligatiuè: Nor the jesuite-tricke of Ius diviaum for Ecclesiastic●m, I hope can prevail with considerate Readers, who shall find in these, Tithes to be praeceptae, institutae, mandatae, ordinatae, ●ssae, for the honour of God, manifestation of our thankfulness, sustentation of the Clergy, expectation of a temporal or eternal blessing, avoiding of the like curse, credit of the evangelical Priesthood in comparison of the jewish, sign of Christianity, acknowledgement of subjection to God, expressing reverence to the Scriptures: And more, that d bentur, obstingimur, constricti sumus, requiruntur ex debito, transgressor mortaliter peccat. And this Tithing to be a principio, a primordio, naturale, taught by Adam, and many such other Phrases.  
Let therefore covetousness yield to conscience, customs give place to canons, the private spirit submit to continuate tradition, these days hearken to the former ages, and man's will be obedient to God's word so interpreted by the ancient. And seeing they are encompassed with such a cloud of witnesses, 
Vincent. Lyrin. cap. 35.  (to which each man's reading can add many) De discant bene, quod didicerunt non bene; Let them unlearn their former ill lesson: 
Petrus Blesens. Epist. 82.  For quicquid indulgeant privilegia Romanae Ecclesiae (I may say juris Anglicani) illis expedire non credo contra conscientiam, quod alienum est usurpare. Whatsoever privilege either Romish superstition or Customary Law may afford, yet I am certainly persuaded, that they ought not to usurp, what is not their own, and those are Tithes: From payment whereof, he that exempteth any thing increased by God's blessing, being demanded by the Church, over that, denieth God's jurisdiction in giving no Tribute for it, against the first commandment, hindereth God's service in taking maintenance from it, against the fourth, is plainly sacrilegicus in usurping what is not his own, against the eighth; besides the dishonouring of spiritual Fathers, against the fift; 
Tho. Aquin. in Opusc. de 10. precept. c. 18.  and so in one sin, directly breaketh four commandments; Let St. Cyrill of Alexandria upon that known passage of the third of Malachi, make the use of all; Discimus hinc etiam nos magni criminis loco durendum, non offerre Deo, quibus gratitudinem nostram ostendimus: & agrum quem ille victui ferendo suff●cientem donaverit, ad gloriam Dei non refer. Hence we Christians also learn, that it is to be accounted a great crime not to show our thankfulness to God by Oblations, and not to afford out of that field, some part to the glory of God, which he hath made sufficient for our maintenance. And for to answer the doctrine of Mr. Selden touching an original of Tithes, not of duty but by arbitrary consecrations; observe, how almost in every several Country, some of these Authors have maintained the divine right before that Mr. Selden either hath or can show such his consecrations, and many of them also the practice, informing the duty, not bounty of such payment. And thus much in am of Animadversions upon the two first Chapters both of his History and Review.  
Yet in the second Chapter I suppose Epiphanius and Saint Chrysostome are but rashly censured by the Author: 
Pag 19  that Epiphantus lib. 1. haeres. 16. should not there sufficiently understand what the jews did in their Tithing; whereas himself confesseth, that Father's meaning not easily to be apprehended: But why should Epiphanius so well conversant in the jewish Ceremonies, as to write a book d● vest Sacerdotali as S. Jerome testifieth in Epitaphio ad Fabiolam, and another De mensuris & ponderibus, which is extant; Nay who did write against the Heresies of their customs; be thought not to understand them? 
Adu●rsus Baron. pag. 63. & 64.  This is to lay too great weakness upon so learned a Father. That worthy Casaubon cited by the Author in this place is so far from fastening such imputation, that he doth most learnedly explicate his meaning in the place quoted.  
As also for St. Chrysostome, of whose words, since by his own acknowledgement, some probable conjecture might be brought, as I conceive, the censure of not sufficient understanding should not so easily have passed; unless he that would abstain from probable conjecturing, had rather be a Critic upon the Ancient.   

ANIMADVERSIONS on the third Chapter.  
IN this Chapter, as also in the third of his Review, the Collections of the Author concerning the Heathen practice, both Latin and Greek, are various and pertinent, and some of them not usual. But the main places; That, of Festus for the Latin, Decima quaeque veteres dijs suis offerebant, And that, of Harpocration for the Greek, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, They used to Tithe the spoils of wars to the Gods; and that, of Didymus an old Grammarian, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: It was a Greek custom to consecrate the Tithe of their abundance to the Gods: (From whence both he and Suidas fetch the reason why 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, to Tithe, signifieth also to Consecrate:) These, have undergone too sharp a censure.  

P. 28. & 29.  In the first, for the place of Festus; The Author acknowledging the learning of him, his Epitomator Paulus Diaconus is charged with ignorance, bold contracting this piece of untruth, and by the Testimony of Divine Scaliger forsooth, (another infringer of the Divine right of Tithes) is accounted barbarous, and by him amended, to put in Herculi for Dijs: But this also seems not enough, nay false to our Historian: and the Critics not agreeing, were it not best to trust Paulus Diaconus his honesty in relating learned Festus Sense, who saw what they conjectured at? Great Scaliger, the Divine Scaliger (such flattering Hyperboles proceed from ambitious love) is no doubt by the more great and more divine himself, censured: And though He be divine, yet he may err, or write insufficiently.  
To the ingenuous Reader, the credit of neither (because parties) ought to prejudice the unpartial authority of that ancient Abbreviator (above 800. years ago) whose credit and learning was not then thought so barbarous and false, he being a Secretis to Desiderius King of the Lombard's, and after with Charlemagne, who employed him in reforming the Homiliaries of the Church, (as appeareth by his Epistle before Alcuins' Homilies) where it is said, Inconsonantes omendare Solaecismos— idque opus Paulo Diacono familiari clientulo nostro elimandum iniunximus; To amend the uncohaerent barbarisms in those Homilies, and polish the same, we have imposed on our familiar servant Paulus Diaconus.  
What if in some other things he might be mistaken, 
pag. 457.  wherein he might be ignorant? must this Relation which is so plain, be so also? Why not as well Festus, who relates it from Verrius Flaccus? and Verrius Flaccus, who from some other, and so an error by Tradition be derived? May not original Authors be deceived, as well as Abbreviators be dishonest? Surely rather, since Festus Works being then extant, might have shamed Paulus Diaconus, if faulty; whereas Verrius Flaccus Relation though false, could not be so soon condemned; since he speaks of Veteres, the ancient times, which could not be recalled to testify against him.  
I had always that opinion of Abbreviators, that although by them both the Style of the Author, and sometimes the circumstance of the Story were lost, whereby posterity was defrauded both of their elegant Language, and the observable manner of Achievements: yet that they were so careful, not to feign, but fashion a sense, grand ferculum in vase brevi. If I should turn Critic, I should rather lay all imputations upon a transcribing either Monk or Mercenary, who either might mistake or misuse; or some false Printer, whose haste or negligence can abuse the most careful Author, then impeach the credit of an Ancient, especially in laying falsehood in relation to his charge: For as for Ignorance, and that he was Ineptissimus, (though by Mr. Seldens' confession he were a man of great reading and knowledge for the Time he lived in, 
pag. 457.  and many Testimonies might be collected) albeit in other passages it might appear; yet how in this, the sentence might be so involved, as to enforce an ordinary understanding to mistake; I yet conceive not. If the words were but transcribed, than no fault; if some or many particulars were related, than the indefinite words, Veteres Dijs (as those of Varro in Macrobius. Maiores solitos Herculi decimam vovere; and Mos erat Herculi decimam prophanare, as Cassius) were true consequence; and are even confirmed by many passages in these Third Chapters of his book and Review: And as for the word Quaeque, since by his own collections, some of all their substance, some of money upon sale, some of spoils of war, some of Sea Merchandise, some of gain, some of all that should increase unto them, offered the Tithes to some one Deity or other; may not that word and all the sentence, be as true as his Chapter, which relates as much? But out of his Collections as out of that; the Natural Law of Tithing may as much have proof since each man knows even the Law of Nature, amongst the Heathen to have been depraved, and the practice thereafter to have not only been disused, but contradicted. And yet cannot I conceive, how this proportion in offerings should by any, especially so many, and those so good, be embraced; unless the Natural Law representing itself to them either absolutely, or in example of Abraham and the faithful, was approved.  

pag. 459.  For our History writer, to expect any to prove such manner, either to be continual or compulsory is needless; The variety of their Gods could not expect such a quantity for each, and for a Commonwealth to have compelled Tithes rather for one God, than another, had showed partial obedience, and that to their Deities; from the neglect of any of whom they might expect just revenge in destruction. Quis enim laesos impune putaret, Esse Deos? Wherefore, from his disquisition of this ancient Tithing amongst the Roman Gentiles, I cannot but conclude, that either reason, the art of the Law of Nature; or example of the faithful,, the practisers of that law, or precept; the ground of both (not to admit chance in a service of Religion) were the true originals of such use amongst them. Whereby the purposed proof of the right of Tithes by the Law Natural may truly be inferred, and Paulus Diaconus admit any construction to please the Critics.  
But for conclusion, I see no reason, why this Sentence should not be truly the mind, if not syllables, of Festus; Sinoe Paulus Diaconus in his Epistle to Charles before his Epitome, professing how he had quite took away some things as superfluous, in the rest saith, Quaedam abstrusa penitus stylo proprio enucleans, nonnulla ita ut erant posita relinquens, he mended the style of some abstruse sentences, leaving many as they were before; So that all in Paulus Diaconus is either Festus his words, or sense; and so these Critic conjectures should not prevail against such honest profession of so holy a man.  
For the Grecian practice, amongst whom some Tithes were vowed, or otherwise arbitrarily, or by some local custom paid to special Deities, And Cypselus of Corinth when he vowed all the goods of the Citizens, if he could get the City, had special regard to the tenth part as competent to a Deity: And Croesus would not have the goods of the Lydians ransacked, because they were necessarily to be tithed to jupiter: and Pisistratus exacted Tithes for such an end. I wonder therefore what should ingenerate such conceit in Cypselus of the competency of that proportion for a Deity; or necessitate in Cyrus or Croesus the tithing of the Lydians; or cause the same to be exacted by Pisistratus; unless some tradition of Nature had been received into the usual practice of the highest understandings? Why should divers Countries, to so several Deities, concur in the same quantity, if the natural universal Law of Tithing, did not regulate their practice? And so it seems amongst the Grecians it did: for Harpocration and Didymus and Suidas all agree, in avowing the common practice, and the two latter, thence infer the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, which signifieth to Tithe, to import also to Consecrate.  
This inference of theirs our Author would cross, by assuming that signification from a particular ceremony of Maids in Athens, initiated to Diana at the Feast Brauronia; whom he calleth Ten yeerelings; because if they were not initiated and consecrated after five, and before ten years of age, they might never have husbands; from the last year whereof, saith he, they were called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and so 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 did signify to consecrate not generally, but to that purpose only. This particular ceremony of consecrated maids (who might before that age of ten years be initiated) cannot seem so probable and forcible to withstand the authority, and general reasons of Harpocration and Didymus from so general customs amongst the Grecians in general, to most particular Deities. For whereas to Diana alone were these Ten-yeereling Maids (if not before) initiated, yet to Apollo, jupiter Olympius, Neptunus Isthmichus, juno, Pallas, Priapus, and the Gods in general, by our Author produced, were other Tithes consecrated, and that by divers countries, and by particular great men. From the general Custom then, and no such particular, in all reason must the inference proceed, since in these last was truly Tithing by separation from natural use, but in that no Tithe separated, no not the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, but even initiated to natural course: Suidas therefore and Didymus illation, have greater propabilitie, especially in regard of the general sentences from common practice.  
But having perused the Authors themselves, Harpocration, and Hesychius and Suidas, what I conjectured, I found true; namely, that the proper reason of the like signification of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was from the general, and not such particular custom, which in a Metaphorical and private sense of Lysias only is but there intimated. The relation of the words of Harpocration, (who Suidas followeth almost ad verbum) will make it evident. In verbo 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Didymus the Grammarian writing a little book concerning this word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, saith that Lysias in his Oration De Phrynichi filia, saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to consecrate to Diana. But he saith that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is said properly to consecrate, because it was a Grecian custom to consecrate to the Gods the Tithes of all their increase (not only abudance, as the Author doth interpret) In like sort the Orator Lysias said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, because the Maids of Ten years old, were consecrate. The proper signification therefore of the word is censured by the Author, and the private only embraced; which his other Author also Hesychius doth declare, who in the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, according to his custom having proposed the most proper significations as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, To pay Tribute, to offer Tithes, he addeth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, But some also have called, To consecrate to Diana to Tithe. Not therefore Suidas and Dydimus are deceived but himself, even by the Testimony of his own Authors: And herein he hath plainly showed his desire to weaken the natural both right and practise of tithing.  
But foreseeing it may be such discovery of his Critical falsehood, now the sayings of those two deceived must be interpreted, and their speech of general Custom must be contracted to the particular use of some, so that the sense is, Many men did so. If Paulus Diaconus might have had so favourable Interpretation, he had scaped many hard words (and his words would have borne it.) But to admit his Interpretation, still I must require some reason, Why so many should so do, unless nature had instructed their religious Idolatry?  

Num. 5.  Concerning the Carthaginian and Arabian practice; I have only this passage to observe, the Confession of the Historian, of their deriving this use from the jews: The Arabians from the jews as Neighbours, and the Carthaginians from the Phoeniceans their Ancestors, who spoke the same language with the jews, and conversed most with them: And beside; this conjecture for the general, that it is not unlikely that the ancient and most known example of Abraham gave the first ground both to them, and the Europaeans, so sometimes to dispose their Tenth of the spoils of wars to holy uses. And from him sure or some former law, their other tithing had original.  
But why Abraham's example should lead them, unless Abraham's Reason, the law of Nature (illightened by religion in him) had also possessed them, I know not. I'll therefore conclude this Chapter with that of the Satyric, 
Invent. Satyr. 14.  Nunquam aliud Natura, aliud Sapientia dictat. Nature and wisdom always teach the same; And so leaving his quotations to be examined by those who have such leisure and Books, contenting myself only with what his own Relation hath afforded, and thereout myself collected, I pass unto his next Chapter, in which and those that succeed, I shall endeavour more exactly to trace him, though by way of Animadversion; yet so, as no material passage shall be omitted, but either have the due Commendation or Censure.   

ANIMADVERSIONS on the fourth Chapter.  
THe Method of the History is to show: 
P. 35. Num. 1.  first the practice, secondly the positive Laws, thirdly, the opinion of the right of Tithes, according to the distinction of Ages; Every Chapter containing the distance of 400. years; And in this Chapter the first 400. years from Christ are treated of: Wherein by way of Preface, for the practice, this is his assertion. Till towards the end of the first four hundred years no payment of them can be proved to have been in use. As a Tenth not at all in use. 
P. 34. P. 406.  In the Review: It cannot be proved that any were paid.  
Animad. 1 Not to infer the practice from the Constitutions or Homiliarie persuasions of the powerful primitive Fathers, (which yet with great probability I might, presupposing the obedience of those first Christians to their godly Pastors:) nor to confess the inconvenience of those days of persecution for so certain a maintenance: But to insist upon Testimony; Origen (whose opinion is plain in the 18. 
Hom. 16. in Genes.  of Numb. for the right) saith for the practice, Sed & in Novo Testamento similiter veneraebilis est Decas— verum quia unus author est omnium, & fons & initium unus est Christus: Idcirco & populus decimas qu●d m Ministris & Sacerdotibus praestat; But also in the New Testament the Tenth is venerable,— But because there is one Author of all, one fountain, one beginning, even one Christ; therefore even the people payeth Tithes to the Ministers and Priests. Next, (to omit S. Cyprian, whose places are after misinterpreted) S. Augustine, 
Hom. 48. Inter quinquaginta Hom.  who was borne anno 350. saith, Maiores nostri decimas dabant: Our Ancestors paid Tithes. Then, the imperfect work upon S. Matthew, either Chrysostom's or Coaetaneous with him, (before S. Augustine) Quod si populus decimas non attulerit, 
Hom 44.  murmurant omnes; If the people bring not Tithes, every Priest murmureth. (These words are cited out of him by Zacharias Chrysopolitanus, 
Lib. 3. unum ex quatuor. c. 141.  circ. ann. 1101.) Besides the Council of Gangra, concerning First fruits (which have the same reason, nay sense also, 
Cap. 16. qu. 1. In Canonibus.  as Gratian saith) which against Eustathius, who would have challenged them from the Church, made a Canon, and in the Preface saith, Primitias quas Institutio veterum Ecclesiis tribuit, First fruits which the Institution or practice of the Ancient hath given to the Church. Before the latter end therefore of these first four hundred years Tithes proved to be paid. Nay, that presently upon the leaving of the Apostolical community of living, Id tunc universis Sacerdotibus placuit, It was decreed by all the Priests then, that Secular men, velut legalium decimarum necessitate compellerentur, should be enforced of necessity to pay, as it were, legal Tithes: If therefore compulsion, then sure payment. Thus saith Cassian. 
Collat. 21. c. 30.   

P. 36.  Entering the part of Practice, He proposeth the unity and community of living amongst them about jerusalem. And the whole Church, both Lay and Clergy, lived in common. But this kind of having all things in common scarce at all continued, for we see not long after in the Church of Antiochia every one of the Disciples had a special ability, Act. 11.29. So in Galatia and in Corinth, where S. Paul ordained weekly offerings.  
Animad. 2 This Argument is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, since this living in common was not then embraced by any company of Christians, but at jerusalem only, for whose necessity (having no increasing profit from their land, because sold) against the time of dearth prophesied by Agabus, both this contribution, Act. 11. and the weekly collections, Rom. 15.1. Cor. 16.2. Cor. 10. were requested. In other places each man had a several ability from the beginning: as for proof even see his own Occam in loco citat. in opere 90. dierum, cap. 10. where out of S. Augustine lib. 3. de Doctrina Christian, cap. 6. he proveth, Quod praeter Hierosolymitanam Ecclesiam, h●c non ullas Ecclesias gentium fecisse scriptum est; That besides the Church of Jerusalem, no Church is related to have done so. Yet after also amongst other Christians that community of living was embraced until long after, as Tertullian. 
Apologet. cap. 39   
The monthly offerings given by devout and able Christians, the Bishops or officers appointed in the Church, received. Vide Synod. Gangrenes. Can. 66. (it should be Can. 7.)  
Animad. 3 It should be the Bishops and their Officers, Ab eo Constitutum; which I rather observe, because he calleth them in the next page, Elders appointed, as Oeconomi or Wardens: as if puritan Elders or Churchwardens, then disposed the estate of the Church, whereas none, 
Cyprian. lib. 2. Epist. 8. Cassianus Collatine. 21. cap. 1.  but at the appointment of the Bishop might intermeddle: and he that did, was called Diaconus Sanctae Administrationis, or Praesidens Diaconiae.  
The monthly offerings called Stipes, as Tertullian Apolog. 
Pag. 37.  cap. 39 & videses cap. 42.  
Animad. 4 That these Stipes were in am of Tithes or proportional in respect of the Clergy, himself interpreting the place in St. Cyprian acknowledgeth, 
Pag. 39 Lib. 2. pro Anathasio pag. 132.  and Lucifer Calaritanus may seem to infer by applying the Vae vobis Scribae & Pharisaei qui decimatis, Woe to you Scribes and Pharisees that tithe etc. to Constantius, saith in comparison, Homo qui cum Stipem non modo rogatus, sed & tribuens sis, nonnunquam sponte, tamen ut saepe dictum est, proscribas Christianos, Thou art the man who although unasked, even willingly givest a Stipes, yet thou banishest Christians, etc. And they were in such quantity that the covetous might grow rich by. 
Cyprian. lib. 2. epist. 7.   
Some authority is, that about this time lands began also to be given to the Church: If they were so.  
Animad. 5 To remove this doubting of lands then given; to his other authorities, the 2. 
Dialog. de statu Ecclesiae. pag. 657.  Epistle of Pope Pius the first (cited also by Hinemarus,) may be added, where he saith, praedia Divinis usibus tradita, possessions given to holy uses. And his own interpretation after of St. Cyprians place de unitate Ecclesiae, for tenths of patrimonies given to the Church. Paulus Samosatenus Ecclesiae domo abstinere noluit, 
Euseb. Hist. lib. 7 cap. 29. Epist. 80. Asterio & Alypio.  would not leave the Church's house. And before the end of the first 400. years, Gregory Nazianzen telleth, per multos extitisse qui totas etiam domos Ecclesus addici passi sunt; non defuisse etiam qui suapte sponte facultates omnes suas obtulerint; That there have been very many, who have conveyed whole houses to Churches; that there have not wanted some who voluntarily have offered all their substance etc. And St. Ambrose he talks of Agri Ecclesiae soluunt tributum, The lands of the Church pay tribute. 
Epist. 32. lib. 5.  To omit that Constantine the Great, praedia tribuere posse constituit, Gave authority to convey lands, as in the Treatise de Munificentia Constantini: 
Conciliorum Tom. 1. Editio Venere. pag. 472. Can. 24. & 25.  And the phrase fructus Agrorum, in Concil. Antiocheno, The fruits of lands.  
Those monthly pays, they called Mensurnas divisiones. Cyprian. Ep. 27. & 34. & vide 36. Editione Pameliana.  
Animad. 6 Only in one of those places is that phrase in the 34. Epistle; those other quotations therefore are unnecessary.  
Cyprian speaking familiarly— calleth the Brethren that cast in their monthly offerings fratres sportulantes lib. 1. Epist. 9 or, 66. Edit. Pamel. understanding the offerings under the word Sportulae.  
Animad. 7 Here the Author is deceived, for fratres sportulantes, are those, qui recipiebant, saith Pamelius, They who received; not they who cast in: which besides that it is plain, to make a sense in St. Cyprian (whose place after shall be examined.) Yet if he had but considered the very next words before his phrase, mensurn as divisiones in the 34. Epistle, Edit. Pamel. or lib. 4. Epist. 5. veteris Edit. he could not have so erred. For there, St. Cyprian writing to his Church of Carthage to entertain Aurelius and Celerinus Confessors, whom he had already made Lectores, he addeth, Caeterum presbyterij honorem designasse nos illis iam sciatis, ut & Sportulis ijsdem cum presbyteris honorentur. But understand that I have an intention to make them priests, that they may be honoured with the same sportulae, that is stipends as priests; Is not here an evident interpretation of the phrase in honore Sportulantium fratrum to be no other, than such, qui in Ecclesia Domini ad ordinationem Clericalem promoventur, who in the Church of God are promoted to the order of Priests, as in the words before in the Epistle? For whereas, those that were not in orders were content only alimentis Ecclesiae & sumptibus parcioribus, 
Lib. 1. ep. 10.  with food & some small allowance, as the same Father: Yet those in orders had beside honourable stipends, which were called Sportulae; So that here Sportulae can not signify offerings, and so in both, the sense was mistaken.  
Sportula, 
P. 38.  to denote the oblations given to make a Treasury for the Salaries, and maintenance of the Ministers of the Church, for this primitive time: And to this purpose was it also used in later times. Conc. Chalcedon. in libello Samuelis, & aliorum contra Iban. Et Videses Tom. 3. Concil. fol. 231. c. 31. Editionis Binnij, penultima.  
Animad. 8 That Sportula did not signify any such oblations, is showed before: and the quotations of the later times are much wronged, and in them the Clergy, whose maintenance must arise out of Bribes, or be so, if his sense might stand. For in both places Sportula signifieth nothing but Bribes; the words of the first are: Tertiodecimo, quia à Paganis incidentibus in peccatum sacrificiorum, accipiens Dainel Episcopus Sportulam, relinquit crimen, negocians & hinc sibimet lucrum. 13 Because Daniel the Bishop receiving of his country dwellers, that fall into the sin of sacrificing to Idols, Sportulam, that is, a bribe, leaveth the fault unpunished, even thence raising gain to himself. The words of the second, being in Concilio in Palatio Vernis sub Pipino, Can. 25.  nullus Episcopus, nec Abbas, nec Laicus propter justitiam faciendam, Sportulas contradictas accipiat, quia ubi dona intercurrunt, justitia evacuatur: That no Bishop, Abbot, or lay-man, receive Bribes, which are forbidden; for where gifts are, there is no justice. I am sorry the Author should allot such wicked maintenance for so holy a profession.  
By Saint Cyprians authority Epist. 66. Edit. Pam. (or lib. 1. Ep. 9) It is manifest that no payment of Tithes was in his time in use, although some too rashly would hence infer so much: those words, tanquam decimas accipientes, plainly exclude them.  
Animad. 9 These cannot exclude the payment of Tithes then, if he will consider their living together, either at the Bishops Sees, or at some Monasteries at the provision of the Bishop by his Officers as himself confesseth the use, p. 81. & 255. Of which Officers they did not only receive alimenta, but also Sportulas, as before. For then, unless he can prove no payment of Tithes to the Bishop, who besides the Sportulae of the Clergy, was also to contribute to the poor, his inference is nothing. And the phrase, In honore sportulantium fratrum tanquam decimas ex fructibus accipientes, is such, by which he must needs infer rather more than less; because he acknowledgeth that the means of the Clergy being compared to the Levitical, was proportionable; and yet beside, the poor were relieved here, as out of the Levites they were not. But the Tanquam, was not for the proportion, which might be equal, but for the kinds, they receiving in Sportulis, in money and food, what the Levites did in kind; and therefore it is not said only Tanquam Decimas, but it is added, ex fructibus, to express the relation of the comparison. But for conclusion, that Tithes were paid there, besides the place next to be observed, the passage of Saint Augustine before, Maiores nostri Decimas dabant, being in the Province of Carthage, may well have respect to these times (Saint Cyprians Martyrdom being not an 100 years before the birth of Saint Augustine.) But in his Review about this place, he contendeth not much, neither more will I  

P. 39  Out of the place of Cyprian, in his book De unitate Ecclesiae, § 23. in edit. Pamel. You may gather that no usual payment was of them; And in his Review, not Tithes properly, but Tenths of Patrimonies are understood: The words are, At nunc de Patrimonio nec Decimas damus.  

P. 460.  Animad. 10 The Author acknowledgeth, the oblations were less, then usually before; and therefore that Saint Cyprian expresseth their neglect in these words, (no doubt of a Christian duty) of paying Tenths at least, though according to Apostolical practice, they would not sell all, and lay it at the Bishop's feet. Now that these Tenths were of Annual increase, not parts of patrimonies, besides the Legal word, Decimas, so properly signifying; and the preposition De, 
Pag 37.  denoting emanation, not partition; the crossing of his doubting of the gift of lands before pointed at, might well have procured the alteration of so new an interpretation, especially since by the true sense, St. Cyyrians complaint may have more latitude, because they were so far from selling houses and lands to give, as in the Apostles time, unto the Church; that now, not so much as the jews did, they gave not the Tithes out of their patrimony: For otherwise to have given the Tenth part of their patrimony, might in the sentence of eloquent Saint Cyprian have made no disproportion, since he doth not say, before Domus tunc & fundos omnes, or universos, venundabant, which should have showed the difference from Tenth parts of patrimonies; and a great rich man might have given Domus & fundos, and yet but the Tenth part of his patrimony, and so have made the Father complain without cause; But lastly, if of the most St. Cyprian did not receive Tenths, than he might seem to preach without power to persuade practice. For all the confident speech therefore of the Historian, that no Annual increase, or such Tenth is here to be understood, I hope the contrary is manifest.  
Christian Emperors, Gratian, Valentinian, and Theodosius, 
Num. 2. C. Tit. de M●tallarijs l. 3. cunct. etc.  Anno 380. made laws for Tenths of Mines and Quarries for the Emperors, when no Tithes of such things was thought of then.  
Animad. 11 But he forgets St. Ambrose, who claimed and had even Tithes in those days as himself confesseth in the beginning of the next Chapter, who lived and conversed with those Emperors, and by them was highly honoured; And as for that law, what need it express any Ecclesiastical Tithes, being only an imposition on the Miners, of paying a Tenth to the Emperors, and another to the Lord of the Soil, in whose land by privilege they might dig for stones; not implying a denial of a further duty to God both personal and mixed.  

Pag. 40.  Animad. 12 And that at that time part of those Oblations were Tithes, whence Ammianus Marcellinus saith, 
lib. 27. Hierom. Ad pammachium contra Errores joan. Hierosolomynitani.  that the Bishop of Rome, Damasus, was enriched (nay envied, for as St. Hierome speaks, Praetextatus, who composed the Schism between Damasus and Vrsicinus, Solebat ludens Beato Papae Damaso dicere, facite me Romanae urbis Episcopum, & ero protinus Christianus; He was wont merrily to say to Pope Damasus, Make me Bishop of Rome, and forthwith I will be a Christian;) Besides the Canon made by him as Baronius relateth concerning Tithes (whereof after) as also Saint Hieromes Epistle to him of Tithes; the many passages of Saint Hierome which sometimes was at Rome, might be sufficient testimony.  
Animad. 13 And further that in Saint Chrysostom's time there were Tithes, amongst that for which the Clergy was envied, may appear by that before, Ex opere imperfecto, and other passages in the Catalogue.  

Num. 3.  For Opinion, only Origen is produced, whose Greeke I neither have nor could ever learn it to have been published: In his conclusion Origen leaves out Tithes. Thus the Author.  
Animad. 14 These two, seem his arguments to slight this full and grounded opinion of Origen; in reciting which, what he hath omitted is in the Catalogue observed. But for the first, since St. Hierome is the interpreter, and for the second, since Origen doth not only say, but even powerfully prove the Divine duty of Tithes; those hidden exceptions may not blur the truth of the authority, to which what other Testimonies either before, or in that age I have observed, are placed in the Catalogue.  

P. 42. num. 4.  In the Constitutions of the Church. The Constitutions Apostolical by Clement are judged supposititious, both in general: First, for that they are branded for counterfeits in an Ecumenical Council. Syn. 6. in Trullo. Can. 2. And secondly, 
P. 463.  for that in them the five and twentieth day of December is affirmed there to be the Feast of Christ's Nativity, whereas the learned know not until St. Chrysostom's time, that day was not settled, but variously observed of the Eastern Church, which should have had specially notice of the Apostolic Canons, And St. Chrysostome then learned that time of the Western and Latin Church, as Homilia de Nativitate.  
Animad. 15 I intent no defence of the whole volume of the Constitutions Apostolical by Clement, against which many others have produced most valide objections: yet these reasons in respect of the Canon of Tithes are too weak. The Council at Trullus rejected them; because jam olim ab ijs qui à fide aliena sentiunt, adulterina quaedam & à pietate aliena introducta sunt, quae divinorum nobis elegantem ac decoram speciem obscurarunt; Now a long time ago, Heretics have foisted in many false and impious things, 
Can. 2.  which have obscured the elegant and seemly show of what in them is divine, as in the Canon. So Gelasius. 1. also for the corruptions, judgeth them Apocryphal. But can the Author prove these of Tithes to be corruptions? what old heresy brought in these? what impiety is in the claim? what improbability is in the time, since the succeeding fathers challenge them? To whose benefit, considering the exceeding liberality of the former days before the Council of Trullo or Gelasius, could the ordinance only of a Tenth be? Although therefore other parts be to be accounted Adulterate and Apocryphal, yet if any be, this is surely Apostolical. 
August. de baptismo contra Donatis●as, lib. 4. c. 23.  Quod universatenet Ecclesia, nec concilijs institutum, sed semper retentum est, non nisi Apostolica authoritate traditum rectissimè credimus: What the whole Church hath always retained, not originally ordained by Counsels, we believe to be a Tradition by Apostolic authority.  
Animad. 16 The second exception is untrue, and answered by S. Chrysostome himself, who in the very Sermon quoted, De Nativitate, speaking against those (it seems of the province of Jerusalem) Qui putant quod in Epiphanijs nascitur, That Christ was borne in the epiphany, saith for the confirmation of the Day now observed: Non sunt nostra quae loquimur, maiorum sententia est, universus mundus contra huius provinciae opinionem loquitur, What we speak, is not our own invention, it is the opinion of the Ancient, the whole world speaks against the opinion of that Province. Here is unity, antiquity, universality. He proceedeth, Vobis qui dixerunt? qui sunt in ista provincia utique Apostoli Petrus & Paulus, & caeteri Apostoli? vos eiecistis, nos suscepimus; Petrus qui hic fuit cum joanne, qui hic fuit cum jacobo, nos in Occidente docuit: & vestri igitur & nostri Apostoli Magistri sunt.— Alibi pax erat, hic (i. at Jerusalem) bellum, Magis itaque traditio ibi debuit servari quam hic ubi discordia— Hoc totum dicimus quia nobis dicunt; Hic Apostoli fuerunt, hic Traditio fuit: praedicationi nostrae creatura consentit, mundus ipse testis voci nostrae, usque ad hanc diem tenebrae crescunt.— Simulque considerate inter Dominum & joannem Baptistam sex menses sunt: Who told you? What did Peter and Paul and the other Apostles that were in that Province? You excluded them, we received them: Peter that was at Jerusalem, that was there with john, that was there with james, hath taught us in the West: In other places was peace, there was war at Jerusalem: better therefore might the Tradition be preserved there, then here where was discord.— This wholly we say, because they object, Here were the Apostles, here was the Tradition. To our words, the creatures consent, the world is witness to our sentence, for unto this day be the days shortened. Also consider, how between the Nativity of our Lord, and S. john Baptist, were six months. Out of which, the falsehood of his collection is evident, even made and answered by S. Chrysostome; The Eastern Church should have had specially notice of the Apostolical Canons, so He: Hic Apostoli fuerunt, hic Traditio fuit, so they. But for all this, S. Chrysostome defends the Tradition from S. Peter, and shows the probability; not infringing the authority of Peter's Tradition from this Constitution, as our Author doth; but confirming this Constitution to be S. Peter's, though the Eastern Church did not practise it; And proveth it, by the distance of six months from the birth of john Baptist, whom to have been borne according to the Church's account, he supposeth the Eastern Church allowed.  
Neither is that Argument of any weight; The Eastern Churches did otherwise then is contained in these constitutions, therefore there were no such constitutions, or not known to them, since the controversy about the celebration of Easter in Polycrates and Victor's time showed, that therein there were divers practices from divers Traditions; as even in this Argument was pretended: and the Tradition of S. Peter seemeth not to be unknown, but by these not to be approved. I will not call this Argument gross, and ridiculous, and deceiving, with many other bad names, as He calls the same Argument, being but affirmatively proposed: And what difference in consequence of Reason between praeceptum est, ergo factum; and non factum est ergo non praeceptum? and yet, this must serve his turn, though amongst them, who being under divers governments, have divers Traditions; through the sides of Clement to weaken the authority of the received custom of the observation of Christmas day in the Churches of Christendom: And yet if we from a Canon of the Church and Statute of a kingdom, and those grounded upon the Law of God, do infer charitably, that therefore, at that time, in these governments, such was the practice of that, which is now allowed in all these several governments; yet such Arguments must be hist at.  
So much in general; but in particular, first, the constitution for Tithes, is judged feigned and counterfeit: because, had it been the Apostles ordinance or use of the Church in the Primitive times, Origen, Tertullian and Cyprian (having such occasion to mention them) could not have been so silent of it: In the next succeeding age, the Counsels, who talk of the goods of the Church, and offerings of the fruits, would have mentioned them.  
Animad. 17 Origen and Cyprian claim them, and name them as in use, as before and in the Catalogue: Tertullian he excludes them not by his Stipes, which either in respect of the paucity of the Clergy afforded a liberal maintenance, or were over and above Tithes, which because before were paid to Idols service, were not thought as a charge to any new converted; for Tertullian, even in the same chapter where he names them Stipes remembreth the excess of the feasts, Herculanarum decimarum, of Hercules Tithes; and the custom of the Carthaginians, under which government he lived may persuade it, whereof before in the 3. Chapter. And yet further, Tertullian in the 42. chapter of the same Apologeticke saith, plus nostra misericordia insumit vicatim, quam vestra religio templatim, our bounty bestows more alms in each village, than your religion in your Churches: So that these Stipes were no such contemptible portion.  
The succeeding Counsels what need they name tenths, since as Agobardus saith, 
Operum p. 276.  Nulla compulit necessitas, fervent ubique religiosa devotione, & amore illustrandi Ecclesias ultro aestuante, that is, They needed make no Canons to claim them, for than they must have claimed them as Tithes, but only to dispose them, and so the name of goods, or offerings, or fruits, or Redditus, or such like were more proper: because not Tenths as Tenths were divided by the Bishop, but an estate of them together with Rents and oblations were Canonically dispensed. They were Tenths as from the laity, goods as in the Clergy, or to respect both, offerings. When the Counsels challenge them, they are named as in the Canon of Pope Damasus afterward.  
2. The constitutions of Clement for Tithes are thought forged, First, for their pride, for in his Review pag. 464. He saith lib. 2. cap. 34. the supremacy of all power is arrogated in the same to the Clergy, it being there commanded, the priests to be honoured as kings, and have tribute paid them as kings, And that they are so bold as to apply that in Samuel, touching what a king would do in taking from his Subjects to the power of Bishops as if they should do so, 
1. Sam. 8.  and they affirm it as much more reasonable, that Bishops should do so, and constitute and ordain the same wholly— for Bishops as for kings.  
Animad. 18 An ingenuous Reader, that shall consider the purpose of that constitution, by way of persuasion from the duty of the Fift commandment in the sustentation of Parents, either natural, as in the chapter before, or politic, as in that; to require maintenance for the fathers and rulers of the souls, shall easily perceive such imputations of arrogant claim to be unjustly laid upon that constitution: and therein, that the Author hath discovered more will to oppose, than he had reason, only, (I may doubt) to make odious the cause of the Church or Clergy, for whom yet there is only claimed quae sunt ei à Deo constituta ad alendum eum & Clericos eius, what God hath appointed for the sustenance of him and his Clergy.  
Animad. 19 As also in the next exception, where he saith that the Authors reckoning up the Ten Commandments, make the Tenth to be, Thou shalt not appear empty before the priests; whereas, there the Authors reckon other moral duties which are not immediately precepts of the Commandments, though this as those in the sense required is a like moral, And if by chance it happened to be the Tenth, it needed not such a flout.  
Animad. 20 Neither is that other constitution of St. Matthe● lib. 8. cap. 30. 
Pag. 462.  other then what is always after commanded that the Revenues of the Church should by the Clergy be disposed, besides their own necessities to relieve the poor: And in that division of Primitiae to the Priests and Deacons, and Decima to the rest of the Clergy, it is but a Canon of order, that the best should have the best, and those were the Primitiae. But this also was God's precept in the Law, Numb. 18. whereupon Eucherius saith, 
In quaesi. sup. Leuit.  Primitiae frugum caeterarumque rerum Sacerdotibus, Decimae vero Levitis deputabantur, The First fruits of corn and other things were appointed to the Priests, but Tithes to the Levite.  

Lib. de judaicis superstitionibus, pag. 81.  But howsoever, what by the censure of Gelasius, and the Council of Trullo, and the saying of Agobardus. Licet ijdem libri iudicentur Apocryphi, plaeraque tamen ex his testimonia inveniuntur à Doctoribus usurpata, Although the same books are judged Apocryphal, yet out of them many testimonies are found used by the Doctors: and by the concession of our Author since they were written 1000 
P. 464.  years ago: they are good authority for the Antiquity of claim, if not of constitution, and therein may also countenance The counterfeit Canons of the Apostles.  

P. 43.  Against which, in the next place, he opposeth his censure thus. The Can. 3. and 4. only are indeed of First fruits, although touching them by that name, certainly no Law was made under the Apostles; but no words of Tenths.  
Animad. 21 The Canons of the Apostles though for the whole number of 85. they have small authority with the learned, both Protestants and Papists, to be Apostolical; yet the first Fifty have had defenders both Protestants and Papists, though few are practised by either: But His exception is even petitio principij, certainly no Law made under them for First fruits; to oppose this Law made. I leave the defence of all the first fifty Canons to Frigivillaeus Gautius. 
In palma Christiana, lib. 4. cap. 34.   
And for this particular, let the Author consider whether this may not seem Apostolical, since Iraeneus saith, Offer oportet Deo Primitias, 
Hom. 11. in Num.  we must offer First fruits to God. And Origen, Decet, & utile est etiam Sacerdotibus evangelii offerre primitias, It is decent and profitable to offer first fruits to the Priests of the Gospel. And the Council of Gangra Anno 324. Primitias quas veterum institutio Ecclesiis tribuit, 
In praefat.  First fruits which the institution of the Elders have given to the Church: besides the later authority of Gregory Nazianzene, 
Epist. 80. Astetio & Alypio.  where he begins. Que madmodum areae & torcularis Primitias, & filiorum eos qui vere filios amant Deo consecrare justum ac pium est, quoniam ab ipso & nos ipsi & nostra omnia sunt, As it is right and religious to consecrate to God, the first fruits both of the floor and winepress, so of their children if they truly love them, because from him both we ourselves & ours are. And St. Chrysostome, and St. Hierome might be added. Besides the practice even in the Greek Church, 
Hom. 35. in gen. In 3. Malach.  (though after) as Theodoret doth relate of Theodosius the Monk, who there speaking of the labour of the old Religious, saith, 
Religios. Hist. cap. 10.  Est enim absurdum ut ij quidem qui aluntur in vita seculari, se affligentes & laborantes alant filios & uxores, & propterea & tributum conferant, & ab ijs exigantur vectigalia, & Deo offerant primitias, & mendicorum pro viribus medeantur inopiae; Nos autem non quaeramus ex laboribus etc.  
For it is absurd that Lay men should afflict themselves, and labour to keep wives and children, and beside pay Tribute, and answer customs, and offer First fruits to God, and for their ability relieve the poor, And we Monks do not labour, etc. To which, many more authorities might be added. Whether then, this Canon may not be thought Apostolical, since it was so immediately after the Apostles taught, and no other Canon before can be produced to command it, let the Reader judge? And here though our Author deride it pag. 464. The version of joannes Quintinus in Zonaras his Comment on the Canon, rendereth it by Decimas aswell as Primitias, and so also in the Interpretation of Zonaras; and so in defending the Canon for first fruits, we have light on Tithes, which yet he saith are not mentioned.  
The Canon also of a Council about the year 380. 
Pag. 43.  under Pope Damasus, related by Baronius ad annum 382. to be in the Legend of this Pope, which was used to be read in the Church, is confidently affirmed to be supposititious, and pag. 134. a feigned one, because taken out of a Legend, never received as Canonical in the Church; not the eldest Code of the Church of Rome remembreth them: whereas some Decrees of this Pope are dispersed in the Compilers, and c. 10. q. 1. c. Hanc consuetudinem, one especially— being made only for the disposition of such things as were given to the Church▪ speaks only of oblations. Neither before Binius his Edition had any volume of Counsels received them.  
Animad. 22 Although Baronius authority with me have no great credit, yet with the Author, me thinks it should; since even against the testimony of indeed very ancient Authors (as in the Review he confesseth) that great and most learned Cardinal Baronius, 
Pag. 465.  
Pag. 52.  (as he styleth him) must be preferred: yet his reasons are too weak against it.  
For the name of Legend, though (through the shameless and impudent relations of lying Monks in the late Legenda Aurea) it be ill conceited of; yet this in those purer times, and many others which were used to be read in the Church, must have better construction, or else we must imagine that those holy Fathers would admit falsities to be publicly proclaimed for truths; who yet in the Council of Laodicea, as they were very careful that nothing were read but Scripture; 
Can. 12.  so in the 3. at Carthage, only added, Liccat etiam legi passiones Martyrum, cum Anniversarij dies eorum celebrentur: Let the passions of Martyrs be read on their Anniverssaries: yet made a Canon in the Milevitan and African Counsels, 
Can. 70.   preces & orationes, nisi probatae fuerint in Concilio, non dicantur, etc. ne forte aliquid contra fidem, vel per ignorantiam, vel perstudium sit compositum: That no prayers or orisons be, unless they be allowed by a Council, l●st through ignorance, or of purpose, any thing might be composed against the Faith, 
Operum p. 387.  as Agobardus citeth it; though in the Canons themselves are also praefationes and commendationes. How then shall we mistrust this, because then a Legend, though after indeed they were stuffed with lies?  
And since they were in a Legend, which was used to be read in the Churches, sure they were received as Canonical, that is, true; though not into the Code of Canons by the ancient Compilers, to whose knowledge, although the other Council, and some Epistles and Decrees might come, yet this Council being in a Legend (no likely place for Canons) and the reading thereof having been disused, or not in those places, might well scape the most diligent inquiry of the Compilers.  

C. 10. q. 1. Hanc consuetudinem.  And in that they cite one Canon of him, which being made only for the disposition of such things that were given to the Church, yet speaks only of oblations, not naming Tithes, or first fruits; yet out of that Canon I conceive the probability both of this Canon, and Saint Hieromes Epistle to him. That Canon is against a wicked custom of Lay men, which then increased against the holy Catholic Church, Qui oblationes quae intra sauctam Ecclesiam offeruntur, sub dominio detinebant; who did retain in possession the oblations offered in the Church, whom he doth Anathemaize. Now that in these Oblations, more than the voluntary offerings were meant; observe how he saith, Si quis contra hanc regulam nostram, & contra sanctorum 318. Patrum, qui in Nicaeno Concilio hoc constituerunt, temerarius praesumptor fuerit, & ulterius oblationes de sacris Ecclesijs auferre molitus est, etc. If any, against this rule of ours and of the 318. Nicene Fathers, who there ordained it, shall be a rash praesumer, and henceforth offer to take oblations out of holy Churches, etc. But this can have reference to no Council, but that of Gangra (indeed composed of the Nicene Fathers) Can. 7. Si quis oblationes Ecclesiae extra Ecclesiam accipere, veldare volverit, etc. Anathema: where that Primitiae (and Decimae also, as c. 16. q. 1. In Canonibus) are understood the divers translations, but especially the preface doth manifest; where amongst the errors of Eustathius, against whom that Council was, this was one, Primitias quoque fructuum & oblationes eorum, quas veterum Institutio Ecclesijs tribuit, sibimet vindicasse, etc. If therefore by the general name of oblations, some more special maintenance may be understood: why might not Damasus in some Council make such a Canon, ut Decimae & primitiae à fidelibus darentur, & qui detrectarent, Anathemate ferirentur, That Tithes and first fruits might be offered by the faithful, and the withholders might be excommunicated?  
And why might not both these have been published upon the determination of St. Hierome (who was the Oracle to Damasus) in that Epistle? If therefore the first Canon be truly his, this Canon and Epistle have great probability and occasion to have been, though not until Binnius time out of Baronius observation, these were set forth amongst the councils. Oblations detained by the Laity, why not then a Canon to forbid it? and why may not a question of the right be resolved in an Epistle? But to take away that which might seem to be colour for this Canon:  
The Epistle of Saint Hierome as written to that Pope upon that Question, utrum usus Decimarum & oblationum secularibus pervenire possit, related c. 16. q. 1. c. quoniam, is judged counterfeit: neither tastes it of him, or of any near that age: nor hath it ever been received amongst that most learned father's works, saith he.  
Animad. 23 This Epistle for that part which is in c. 16. q. 1. c. quoniam, albeit it resemble not the swelling style of that eloquent Father, and contain doctrine even contrary to his, in his Epistle to Heliodorus where he saith, Alia Monachorum est causa, alia Clericorum, Clerici pascunt oves, ego pascor, Illi de Altario viwnt, mihi quasi infructuosae arbori securis ponitur ad radicem, si munus ad Altare non defero, There is one condition of Monks another of Clerks, The Clergy feed, I am fed, They live of the Altar, but the axe is at the root of me as an unfruitful tree, if I offer not at the Altar: Whereas this Epistle resolveth, that Monks may have Tithes and so vivere de altari, live of the altar, not only attendendo paupertatem, in regard of need, but attendendo religionem in regard of order in religion.  
Yet for all the reasons of our Author it may seem probable to be his. If it taste not of him or that age, for the doctrine of Tithes due; that is manifested in the Catalogue both out of himself and others of his time, not to be unconvenient. If for the occasion of the determination of such a question, that is manifest before out of the Canon, c. 10. q. 1. Hanc consuetudinem, which from St. Hieromes resolution in this Epistle had the Counsel, as to him that reads the Chapter next save one before c. quia Sacerdotes, it may plainly appear. Grant therefore, that may be of Damasus, and this may be S. Hieromes, or of his age. If it taste not of him for the style, though it may not be S. Hieromes, yet in that age every one wrote not so eloquently as he. And that this was not received into his works, perhaps was, for that some fragments only remain, and not the whole Epistle. But this to be S. Hieromes surely Innocent the third thought, 
Extr. de his quae fiunt à praelat. c. cum Apostolica.  or else he would not have suffered the authority out of this Epistle to be urged against a plain sentence of Leo his predecessor, and have strived to reconcile them. But this is enough against the Author, who makes weak exceptions, and the last is his own Marginal quotation.   

ANIMADVERSIONS on the fift Chapter.  
IN this Chapter proceeding according to his proposed Method. 
Pag. 46. Num. 1.  He first inquireth after the payment of Tithes, in the next 400. years, and therein granting the use at Milan and Hippo, he produceth a saying of S. Hierome in his Epistle ad Nepotianum; the words are spoken in the person of a Clergy man: 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 victum & v●stitum his contentus ero, & nudam crucem nudus sequar: If I be the Lords portion, and the lot of his inheritance, neither have any part amongst the other Tribes, but as a Levite and Priest live of the Tithes, and serving at the Altaram maintained by the Altar, having food and raiment I will be content therewith, and will even naked follow the naked cross. This place he diverteth, as if de decimis there, were 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.  
Animad. 1 But herein His conjecture cannot hold, unless that Clergy man did design thereby no certain living, for that the latter seems to be more figurative than the first: If therefore to live of Tithes continue the comparison with the Levites, then, 
1. Cor. 9  to live of the oblation of the Altar is much more: (the same phrase in the Apostle having reference thereto.) But howsoever, if in comparison, yet equal; As the Levite by Tithes, so I. But herein also observe a fraud in the pointing, the Distinction being put after Vestitum, Raiment; as if to have meat and clothing, were the Tithe; whereas it should be after Sustentor, am maintained by the Altar: This it may be was the Printers fault, but yet perilous.  

Pag 47. Cassian. Collat. 21. cap. 1. &. 2.  Next, In Egypt some holy Abbots had Tithes of all fruits offered them; where, it appears that this Abbot received them as a treasurer for the poor. And in his Review p. 465. was not of the ministering Clergy properly taken, but like those in Palladius his Lausiaca Historia.  
Animad. 2 john the Abbot in Cassian received Tithes, not as Abbot, but quia praesidebat Diaconiae, 
Videses locum citatum. Lib. 6. cap. 29.  to which place for desert he was chosen, and therefore saith, Cuius dispensatio mihi credita est; And indeed as Sozomen relateth, was properly of the ministering Clergy, for he was a Priest, Piammon & joannes— exquisitissimè Sacerdotio (Presbyteri enim erant) & summa cum reverentia perfungebantur. They exactly executed their priesthood and with great reverence, for they were Priests. Which might also have been well collected out of Cassian in the same chapter, for that it followeth Eyes coepit, secundum Apostolum Spiritualia seminare, quorum metebat dona carnalia, He began according to the Apostle to sow to them spiritual things, whose carnal things he reaped; whereas Monachus plangentis non docentis habet officium, The office of a Monk is to mourn, 
Adverse. vigilantium.  not teach, as St. Jerome. And the poor, for whose use he received Tithes, were principally his Caenobitae, of whom some might be Priests and Deacons, as the Law of God so often urged in his Sermon may import; as also for that in the Lausiaca Historia by Palladius, I have observed many Deacons and Priests in such companies, and so was Cassian himself though a Monk. But that the Tithes and Revenues of the Church, above the necessity of maintenance, were also by the dispensation of the Clergy, ex debito Charitatis to be communicated to the poor, must for the ancient times be granted: But observe those Tithes were annually paid Diaconiae to that office as appeareth cap. 8. of the same Collation, where speaking of Theonas, that after succeeded this john, Cum Decimas frugum suarum solitus esset Diaconiae annis singulis dependere. When he yearly paid his Tithe fruit to that storehouse.  
The like may be answered for those who offered Tithes to St. Severine as Eugyppius in vita, and by him to the poor; 
Cap 17. & 18.  which is his next authority:  
Animad. 3 The words import so much, because he calleth it Mandatum ex Lege notissimum, The notable commandment in the Law, now that must needs aim at the Clergy, for whom only the commandment in the Law was notable, and he confesseth it to hold in the Gospel. But searching the quotation, it appears to be poor Captives, yet, that they might have them, even almost in the next words, he addeth, pro decimis autem, ut diximus dandis quibus pauperes alerentur, Norici quoque Presbyteros missis exhortabatur Epistolis. To give these Tithes to feed the poor, he wrote to persuade the Pannonian Priests. Whence, of duty it appeareth how they belonged to the Priests, but by their permission were disposed to the poor. This if He had not concealed, might have marred his cause.  
The practice remembered in the Council of Mascon shall be considered after. 
P. 48.   
Leo the great was Pope from 440. to 460. hath divers Sermons De jeiunio decimi Mensis, & eleemosynis, wherein he is earnest and large in stirring up every man's devotion, in offering to his Parish Church, part of his received fruit, but speaks not a word of a any certain quantity.  
Animad. 4 Neither speaks any one word in those Sermons, to stir up any man's devotion to offer to his Parish Church: I am sorry, I have cause to doubt, that He took this at the second hand, or else he would never have published such an untruth, to make at the best, but a Negative argument for his error. Indeed Leo in his Sermons de Collectis, entreateth, that per omnes Regionum vestrarum Ecclesias, In all your Churches there might be Spontantae Collectae, 
Serm 3 & 4.  Free gatherings, Voluntariae El●emosynarum oblatione, voluntary offerings of Alms for the poor not the Parish Church: But in the other Sermons quoted De jeiunio decimi mensis, 
Serm. 2.  etc. no mention of Contributions either for, or in the Parish Churches. This is a great oversight, but in the next is as great a weakness.  
Saint Chrysostome hath Homilies touching the Church maintenance, in which you might wonder that Tithes were omitted, if either devotion or doctrine especially in those Eastern parts had made payment of them of any common use; the Homilies are, In Epistolam ad Philippenses, & Serm. 103. Tom. 6. Edit. Savil.  
Animad. 5 A strange argument: Saint Chrysostome in those Homilies doth not remember Tithes; therefore no Tithes paid then, and there: 
Hom. 4●.  But what if in the imperfect work upon Matthew he say it, as before? and in the 18. Homily upon the Acts, in the 4. Hom. upon the Ephesians, as in the Catalogue is cited; shall his Negative, against which are so plain exceptions, prevail? No wonder he there omitted them, where, by particularizing he might have procured more envy, (for one of the Sermons is against the Enviers of the Church's estate) yet elsewhere required them by name, when there was no such occasion: But what was the Doctrine and practice of those times, see the Catalogue.  

P. 49. Num. 2.  A perpetual Right of Tithes was consecrated to some Churches, by grant or assignment, out of such and such Lands, at the Owners pleasure.  
Animad. 6 This is the Paradox of his whole book, his New opinion of Arbitrary Consecrations, not pointed at by any before, as in the Review, pag. 470. But he cannot prove, that any such endowment was at the Owners pleasure, without the authority of the Bishop, consenting and granting: As for his quotations, nothing proving the Consecration at the Owners pleasure, (of the 4. Council of Arles, 
Can. 9 anno. 813   Ecclesiae antiquitùs constitutae, nec Decimis, nec ullâ possessione priventur, That Churches anciently endowed, may neither be deprived of Tithes, or other possessions and that other in the Capitulars; Ecclesiae autiquitùs constitutae, nec Decimis, 
L. 2. c. 36, etc.  nec alijs possessionibus priventur, ita ut novis oratorijs tribuantur, Let not Churches anciently endowed, either be deprived of Tithes or other possessions, to be given to other new Oratories) I desire the Reader to take notice of, against he shall deny in the history of Charles Martel, about 60. years before, that no Tithes were generally annexed to Churches, to which time no doubt, the word Antiquitùs, may very well extend, and further too; Antiquum ante aewm, not suo seculo proximum.  
But for a preamble against the device of Arbitrary Consecrations, this I suppose should be requisite, that he should not only show how Patrons by Charters conveyed Tithes, but expressly prove, that no Bishops had necessary consent to such conveyance, and to assign or collate them, because then the Canons, and the Temporal and Nationall Laws, did not suffer any thing in Ecclesiastical revenue, to be done without the Bishops, and supponitur pro iure, donec probetur contrarium; so that although in many conveyances the Bishop's Charters are not extant, or concealed, yet they must be praesupposed, and are almost in every one of those proposed by him, by circumstance to be deduced.  
But to prove such assignments of Consecrated Tithes at the owner's pleasure, there are brought, first, 
Pag. 49.  the Donation of Pippin to S. Monons' Church for so he understandeth these words in Molanus de Sanctis Belgij in 18 Octobris in the life of S. Monon, Beato viro ob Titulum Christianitatis Mactato, Pipin●s rex Regaliter decimas obtulit, quas habet inter Letiam & Vrtam, To that holy man slain for the Title of Christianity, King Pipin gave royally the Tithes he had between Lesche and Ourt.  
Animad. 7 This Donation by King Pipin, sure was of infeodate Tithes taken away by his Father, which the phrase quas habet, doth insinuate, but if other Tithes, especially since they were bestowed upon a Cathedral Church, why should any misdoubt the consent of the Bishop for the benefit of his said Church? The next Donation produced, being many years before, expresseth the consent of Vindicianus a Bishop to the gift of Theodorick, and for the time of Charlemagne the son of this Pippin: Observe what Luithprandus Ticinensis or some Author rather before his time, in the life of Adrian the first saith, Carolus in loco Osbrugge vocato, Episcopatum constituere & decimis noviter ad fidem conversorum— Papa ita dictant & privilegijs suis confirmante dotare devouit. Charles did vow to erect a Bishopric and endow it with the Tithes of the new Converts, the Pope allowing and confirming it with privileges. But in the life of Adrian the second, It is said that he gave to the Church of Hersfeilt Anno 860. certain Tithes in Frissoneuelt and Hassega adjoining to the Diocese of Halberstadt, Quas Stephanus Papa in Basilica B. Petri die Sancto paschae, sua authoritate & Imperatoris subscriptione, & Hildegrino Halberstadensi Episcopo present, confirmavit. Carolus quip omnes decimas in Saxonia constituerat ad regal seruitium & eas Rex dare potuit quo voluit. Those Pope Stephen by his authority, in the presence of the Diocesan confirmed, Though Charles had taken all the Tithes of Saxony then by him conquered and converted to his own use to give whither he would, since therefore before and after it was so, he must prove the Negative, that now it was not, or else not enforce arbitrary consecration from this Donation.  
The next Donation is of a Decimancula in Curte Rodulfi to the Church of Arras out of the Chronicon. Cameracense & Attrebatens. lib. 1. cap. 15.  
Animad. 8 Where first observe, that this is confirmed and given by the Bishop in the place quoted, and confirmed by Theodorick the King. Secondly, That it is called Decimancula a small Tithe, which must needs be in comparison of greater usually offered; though now translated by Vindicianus the Bishop his authority, and confirmed then by Pope john the fift even in a Synod. All this is in the same Chapter; wherein are many other circumstances to persuade the Truth of this.  
Another, is of pipin's confirmations to the Abbey of Fulda of whatsoever it had or should have (among other things) in decimis fidelium.  
Animad 9 How may this infer other than Translations, and that as before by consent of the Diocesan Bishops; this being a confirmation of consent to what Archbishop Boniface the founder thereof had procured and ordered? The Ms. Register I see not to extract other answer: but in that it is a confirmation at the foundation of the Abbey of Fulda Anno 742. and there Decimae are contradivided to Donis & oblationibus decimisque fidelium, I observe the Tithes were not Dona aut oblationes gifts or oblations, therefore not of bounty: and because they are called Tithes, were due before such Translation to the Abbey: And that this was but two years, after the time of Charles Martell.  
Next, is a negative argument out of Marculphus his exact formulae, and precedents of all such Donations and Cessions to Churches, where Tithes amongst other things specified are not named, and therefore as he supposeth were not.  
Animad. 10 But that was not because they were not paid, but because they were not in the dispose of Lay conveyors, and arbitrary, unless we will imagine that any would give their lands and all other commodities, there specially named, and would reserve only the Tithe. But indeed that that was paid by the second Council of Mascon, the fourth Council of Arles, and the capitulary, both cited. p. 49. doth appear, namely that the old Churches were endowed with Tithes; of which more in the following Animadversion.  
NExt is the History of Charles Martells sacrilege, wherein (because it is of so great consequence) I will examine all his Reasons, 
Num. 3.  both in this Chapter, and the Review by him produced; which while I do, gentle Reader, afford thy patience.  
Since this Story, if true, were great authority both for general payment, and special endowment at those times of great antiquity and fair proof, as himself confesseth, pag. 51. And would greatly oppose the original of Inseodations by him defended, pag. 112. And in general his whole discourse of arbitrary consecrations, which save some few are all since his time. He saith it can never be justified, pag. 51. and that they that refer Infeodations unto his time, or any age near him, are in gross error, neither is there mention of them for above 300. years after him. pag. 112. & 403. that it is a common error— obstinate ignorance to defend it, in the Review, pag. 465. And for proof addeth many reasons.  

M. Seldens' Arguments.  First, That by no old Author of credit he is mentioned to have meddled with Tithes.  
Secondly, The vision of Eucherius B shop of Orleans, who saw him damned for it, and that by 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: This altogether false.  
Thirdly, Tithes in his time were not so universally annexed to Churches, as that they could be the main object of such a sacrilege.  
Fourthly, nor are they reckoned so among those Ancients that largely speak of laymen's oppressions, by defacing whole Monasteries and bishoprics in the times that succeeded. 
In the Review pag 465. Constieut. Imp. Tom. 3 p. 177.   
Fifthly, In the Laws of Restitution by Caroloman and Pipin, as Goldastus in a better copy relates: They are called Pecuniae not Decimae: neither the Nonae and Decimae restored were any thing, but as Rent of land, and the twelve pence only of every Casata. Whence the Argument is thus; That, was restored which was taken away; but Tithes were not restored, therefore Tithes were not taken away.  
Yet for all these fair shows, 
Animad.  I hope out of that small reading, and few books I have, to make it most plain, and thoroughly to refute all his reasons.  
That he was a notabl● Church-robber; that he died miserably, is confessed; that his sacrilege was in Tithes shall thus be proved.  
Agobardus who was very learned and of great judgement, 
To the first Argument.  as himself truly styleth him, pag. 65. He saith it, in his Excellent book de Dispensatione, Ministerio & ordine totius rei Ecclesiasticae contra Sacrilegos sive Simoniacoes, 
Circa ann. 821.  written in the time of Lewes the son of Charlemagne the Grandchild of Martell: For there, admonishing a Counsellor to the Emperor, of the disorder In rebus Ecclesiasticis quas contra vetitum, & contra Canone, tractant, & in usus proprios expendunt homines Laici; In church-good, which against Law and Canons Lay-men use and spend to their own occasions: After in the next pag. 259. he objecteth, Sed quoniam quod de sacris rebus in Laicales usus illicit translatis dicimus, non fecit iste Dominus Imp. Sed praedecessores eius, & propterea isti impossibile est omnia emendare, quae antecedentes malè usurpata dimiserunt; But because what we speak of holy things unlawfully translated to Lay-use, this now-Emperour did it not, but his predecessors; and therefore it is impossible for him to amend all, which those that went before did wrongfully usurping, put away. Now who can here be signified by praedecessores, and those that went before, but Charles Martell; Caroloman and Pipin and Charlemagne being Restorers of what by Charles Martell was taken away? Now that amongst these things which the predecessors of Lewes, Male usurpata dimiserunt, wrongfully usurping did put away; that Tithes were, besides Agobardus his proving of them, in the same process, to be due to the Clergy by the Law of God (as by the places cited in the Catalogue may appear out of the pag. 277.) In the pag. 283. he concludes, Tali itaque ut dictum est, nobis cordis devotione Primitiae vel Decimae considerandae sunt, tanta veneratione intactae seruandae, & cum huiusmodi confessionis puritate offerendae.— aliunde subministrandum est Canibus & Cavallis, caeteraque tam hominum quam animantium ministris, quae vel ad delicias, vel ad pompas turpesque iocos à divitibus possidentur. with such devotion of heart therefore ought Tithes and First fruits be considered, with such Reverence they ought to be kept unuiolate, and with such purity of confession to be offered:— from other means must dogs and horses and other men and beasts, kept by rich men for state and pleasure, have maintenance. If this be not a full proof, both for the Sacrilege of Charles Martell in Tithes, for the proof of infeudations then; I leave to the indifferent Reader: Nay before, the same Author pag. 269. saith, Nunc non solum possessiones Ecclesiae, sed ipsae etiam Ecclesiae cum possessionibus venundantur etc. Now not only the Church possessions, but the Churches with them are sold: Like to which is the Precept of the same Lewis before spoken of, and Lotharius his son in Flodoard; 
Lib. 2. cap. 19 pag. 143.  Quaedam praedia quae eidem Sanctae sedi quondam ablata fuerant, devota mente restituimus, id est, in Suburbanis ipsius Ecclesiae Titulum Sancti Sixti, nec non & Titulum Sancti Martini cum appenditijs— in Castro Vonzensi, Titulum Baptismalem, & Titulum in eadem parochia iterum Baptismalem cum suis appenditijs etc. Certain possessions which heretofore were taken from that Sea, we devoutly have restored, that is the Suburbs of the Church, the Title of St. Sixtus, also the Title of St. Martin's with the appurtenances—. In Castro Vonzensi the parish Church, and another parish Church there, with the appurtenances etc. Who cannot see what praedia Charles Martell took away, even parish Churches?  
Other authorities shall occur in the answer to the following reasons, Martinus Polonus therefore not the first relator.  

Ad. 2.  The second reason, is the fiction or Hobgoblin story, as he calleth it, of Eucherius of Orleans his vision about the Damnation of Charles Martell. St. Cyprian hath a saying to one, lib. 4. Epist. 9 Quanquam sciam omnia ridicula & visiones ineptas quibusdam videri, sed utique illis qui malunt contra Sacerdotes credere quam Sacerdoti, It seems true in our Author concerning this. Who acknowledging Review, pag. 465. that there are indeed very ancient Authors to justify it, as Adrevaldus in Ludovicus Pius his time, in his first book, De Miraculis Sancti Benedicti, cap. 14. And Flodoardus Remensis Historiae lib. 2. cap. 12. who lived Anno 960. Who (let me add) more especially concerning this vision, saith, De quo, patrum scripta relatione traditur, etc. Of whom is delivered by the written relation of our forefathers, that St. Eu●herius returning from banishment etc. And the capitulary exhibited to Lewes 2. Anno 858. 
Post Canonem 59 c. 10. q. 1.  To which Ivo might be added in his Chronicle (though in a wrong place, for he placeth the Narration under the Story of Carolus Simplex the son of Ludovicus Balbus, but it must be referred to this Charles Martell) for the words are, Hic Tutudi quod Martellus dicitur à suis dictus est, & quia in Regno suo vix aut rarò pacem habuit, ideo res Ecclesiarum suis militibus in Stipendium contulit maximae ex part. Qui mortuus in Ecclesia B. Dionisii Martyris sepultus à sinistra part Altaris maioris, visus est noctu in specie Draconis effracto sepulchro per vitreum Ecclesiae cum magno terrore exijsse; This Tutudi, who by his people was called Martellus, because seldom he had peace in his kingdom, therefore he gave for the most part the Church estate for wages to his soldiers: who being dead, and buried in St. Denis Church on the left side of the great Altar, he was seen by night in shape of a Dragon breaking the sepulchre, to go out of the glass windows with great terror. Yet, to fasten some show of falsehood upon the story, that by discrediting it in this part, in the rest it may not have credit, Baronius forsooth shall be followed: But if such Authors shall not prevail, 
In historia Apûm, lib. 3. p. 8. c. 26.  sure Thomas Cantipratensis shall little have credit, in the vision of the young man that died and revived, whom the devils accused, Quia decimas de bonis & agris suis Sacerdoti substraxerat, Because he with held the Tithes of his fields and goods from the Priest. Or how shall Trithemius relation of a vision of one Adelbertus 406. 
In Chronico Sponhemensi ad annum 1212.  years ago, who dying also and reviving, Cum aliquando in decimando fruges in agro suo, debitum ordinem non seruasset, haec aiebat; O si scirent homines agricolae & vinitores, à quantâ districtione, & horrendissimis poenis puniatur dolosa decimatio? when he had not rightly tithed his corn, thus he said, O that husbandmen, and Vineyard keepers knew, with what strict and horrible punishment fraudulent Tithing is punished, etc. how shall this have any regard? But this reason makes nothing directly to the argument, but might have had occasion aswell from his other Sacrilege as that in Tithes; neither do I uphold visions against truth, but Antiquity against Baronius; Relatoris fide, non Authoris praesumptione in Vincent. Lyr. phrase, not as a bold Author, but as a faithful Relator. And for further credit both of the vision, and for the time of Eucherius death, I will refer the Reader to peruse the Annals of the Church of Orleans, 
Num. 21. & deinceps.  written by Carolus Sausscyus Deane there, who in his fift book in the life of Eucherius doth fully answer Baronius and this Author out of Baronius  

Ad. 3.  And now succeed the reasons of importance. Tithes in Charles Martells time were not universally annexed to Churches. They were. First, it is confessed by himself, pag. 65. where speaking even of the time of the second Council at Mascon, he saith; 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 the Annual increase were given according to the doctrine of those Fathers before mentioned, and these other testimonies: whereto you may add, that complaint of Boniface Archbishop of Mentz about 750. (who lived in Charles Martells time) Lac & Ianas, ovium Christi oblationibus quotidianis ac decimis fidelium accipiunt, & curam gregis Domini deponunt: They receive the milk and the wool from the sheep of Christ, in daily oblations and Tithes, and neglect the Lords flock. There also he adds a passage of a Ms. Exhortation written about 900. years ago; where it is showed to be the propriety of a good Christian to pay Tithes. And himself doth relate them, as consecrated to the Church of Vtrecht by his father and himself. pag. 73. etc. And the phrase Ecclesiae constitutae in Decimis non priventur; Churches endowed with Tithes, not to be deprived, in the 4. Council at Arles, & capitul. libr. 2. cap. 3. etc. even expounded by himself of these times, shows it, pag. 49. And indeed that Canon of that Council of Arles must be of an unanswerable proof, if according to Anselmus Lucensis, 
In his Collectanies.  Boniface the Archbishop of Mentz was Precedent therein, who died Anno 755. but twelve years after Charles Martell; and that also by the authority of Pope Zacharie, who died almost four years before Boniface; so that it must seem very near his time.  
Secondly, suppose they were not universally annexed to Parish Churches, yet to the Bishop, as to the public Treasurer of the Diocese, they were of duty paid. And were they not principally bishoprics which he infeodated? Episcopales sedes traditae sunt Lai●is cupidis ad possidendum. Bishops Sees were given in possession to covetous lay-men, So Bonifacius in Epistola ad Zachariam; Non solum Rhemensem, 
In Editione Veneta Concilioris Tom. 3.  sed etiam alios Episcopatus regni Francorum, Laicis hominibus & comitibus dedit, ita ut Episcopis nihil potestatis in rebus Ecclesiae permitteret He gave not only the Archbishopric of Rheims, but other bishoprics also of France, to lay men and his companions, so that the Bishops had no power left to do any thing in Church affairs, So out of Flodoardus Pap. 
In A●nal. in vita Dagoberti.  Massonius; Episcopia Laicis Donata, Bishoprics were given to Lay men, So Hincmarus. 
Ep. 6. cap. 19   
And thirdly, it being apparent that they then were due to be paid to the Clergy, as by the Council at Mascon appeareth, Nay before that, which is most remarkable, in the time of S. Remigius, who baptised the first king Clodovaeus; amongst other revenue of his Church, that Bishop of Rheims, by his will, ordered Tithes of certain villages to be employed above what were, for the relief of certain poor widows of the same Church: His will is perfect in Flodoardus, 
Hist. Rhemens. lib. 1. c. 18.  wherein are these words, Viduis 40. in porticu E●clesiae alimoniam praestolantibus quibus de Decimis villarum Calmisciaco, Tessiaco, Nova villa stipendia ministrabantur, superaddo de villa Huldriciaca, etc. France no sooner converted, but tithing followed, And the revenue of this Church of Rheims, was a chief part of Charles Martells sacrilege.  

Vide proemium Helgaudi Floriacensis, ad Epit. vitae Roberti Regis. In Chron. Casin. 796. in Edit. paeris.  It is related also how Abbot Leodebodus about the year 620. gave Tithes of certain villages, in some Parishes to the Abbey at Floriack. It also appeareth, how Pope Zacharie in the first year of his Papacy, gave a privilege to the Monastery in Monte Casino and to all the Cells thereof, ut Nullus Episcopus— Decimas tollat, That no Bishop might take away their Tithes, Implying, that else they might, as belonging to the revenue of the Church, and their jurisdiction, howsoever they might obtain it. A remarkable authority; As in the privilege of Pope john the third Anno 562. 
Quercetan. in Not. in p. Abelard. p. 1168.  the Tithes given to the Monastery of S. Medard were privileged. Furthermore Agobardus in his book, written in the very beginning of Lewis his reign, Contra insulsam vulgi opinionem de grandine & Tonitruo. pag. 155. Multi sunt qui sponte Sacerdotibus decimam nunquam donant, viduis & Orphanis caeterisque indigentibus Eleemosynas non tribuunt, quae illis frequenter praedicantur, crebro leguntur, subinde ad haec exhortantur & non acquiescunt, Many there are who never willingly give Tithes to the Priests, nor alms to Widows and Orphans and other poor, which are daily preached unto them, and read often, and continually are urged unto them. And Hincmarus (who though he be something later) saith, 
Lib. 55. capitul. cap. 1.  Ausoldus compresbyter noster, praecepit ut in ipsa Capella Missa non celebraretur antequam homines villae ipsius suam decimam Presbytero suo secundum antiquam consuetudinem darent, Observe there antiquam consuetudinem, Ausoldus our fellow Bishop, commanded that they should say no Mass in that Chapel, before the men of that village paid their Tithe to the Priest, according to the ancient custom. 
Cap. 35.  After, De Ecclesiarum datione quae etiam non amplius quam dotem suam— habent cum decima fidelium, praemia requirebas, Thou requiredst rewards for the gift of Churches, which had nothing but the Glebe— and Tithes of the faithful. And elsewhere, 
Ep. 7. c. 35.  unde necesse est ut per singulos annos ministri Episcoporum inquirant, quid parcat in singulis Ecclesiis de part decimae quae juxta Sacros Canones Ecclesiae competit, Whence it is necessary, that every year the servants of the Bishops shall inquire what part of the Tithes may be spared in every Church, which according to the Canons belongeth unto the Church. It is therefore manifest that they were due, which also Alcuin, Walafridus Strabo, Rabanus Maurus, etc. do in the times ensuing testify, as appeareth in the Catalogue. And most apparently annexed, in an Epistle amongst those of Boniface Mogunt, 
Ep. 107.  where a poor Curate that had agreed for to serve the Cure for a Priest for half the Tithes, complaineth to Lewes the Emperor, which also is quoted by himself. Then how might not these Ecclesiastical profits be, as indeed they were, a great subject of the sacrilege, since they were so universally annexed?  
And against the next reason were so reckoned, 
Ad 4.  among those Ancients that largely speak of laymen's oppression by the defacing whole Monasteries and bishoprics in the times that next succeeded. For so did Agobardus, as before; so did Hincmarus in his book entitled De statu Ecclesiae, whose words are, 
Inter opus. pag. 653.  Quid de vobis dicam, Seculares, qui non folum Ecclesias, sed etiam ipsa Altaria possidere vultis? numquid vos, qui oblationes pauperum comeditis & bibitis ad offerendas Deo hostias pro ipso populo accedetis? Vos horrea frumento, & Cellaria ex his quae Ecclesiae sunt vino complebitis, & Sacerdotes eius fame affligetis? Cur non pertimescitis judicium Dei? panes propositionum non licet comedere nisi mundis & purificatis Sacerdotibus, & vos cum uxoribus & ancillis vestris, & quod peius est, nonnulli cum scortis, Decimas & oblationes fidelium manducabitis? etc. What shall I say of you Lay men, who not only will possess the Churches, but the Altars also? Will ye that eat and drink the offerings of the poor, approach to offer sacrifice for the people? Will ye fill your barns with corn, and your cellars with wine, and shall the Priest starve? Why fear ye not the judgement of God? It was not lawful for any to eat the showbread, but the clean and purified Priests; and will you with your wives and wenches, nay which is worse, with your harlots, eat the Tithes and oblations of the faithful? etc. Let the owners of Appropriations hear this, and then as the party with whom this Author expostulates, it may be hoped that they will say, Quod si ita est, immo quia ita est, cogor judicare amicos meos quae sibi iniustè conlata sunt, just retinere non posse; If it be so, nay because it is so, I am enforced to judge that my friends cannot justly retain that, which unjustly was given them. And so also did the many Synods under Charlemagne: which may appear in the next reason.  

Ad 5.  The last reason, and that of some consequence, if true, is, that it cannot appear that they were restored by Carloman and Pipin; for the Decimae restored were as Rents of land, and the twelve pence out of every Casata.  
First then he acknowledgeth Decimae to be restored: And then the only question is about the interpretation. Wherefore I much wonder that he should be so injurious unto the century writers, for relating the Canons of the Synod under Carloman in these words, Decimas occupatas à prophanis restituimus; As to add such a marginal note concerning them: Veteris huiusce aevi sermonis ignari hallucinati sunt. In ipsa Synodo ita legerant, 
Pag. 53.  fundatas pecunias Ecclesiarum Ecclesiis restituimus— pecunias autem Decimas significasse opinabantur, sed perperam & ridiculo: They being ignorant of the old language of this age, were deceived: In the Synod they read, we restored Fundatas pecunias Ecclesiarum, but they thought, (though falsely and ridiculously) that pecuniae signified Tithes. Would not he retract his censure against the credit of those painful collectors? 
Pag. 466.  Must now it be acknowledged they had it out of corrupted copies? and that Decimae and Pecuniae is all one in the sense, and yet they have no amends for so peremptory a censure; when if they related not the word, yet they did the sense? And yet which is strange, they quoted what they said, and that truly out of Aventine. And here also because the Author boasteth, pag. 466. of a better copy of that Synod published by Goldastus in his 3. volume, edit. anno 1610. yet in a latter Edition of another book of Constitutions anno 1613. he hath retained the word Decimas: so that it may seem his last thoughts are against our Historian.  
Now therefore that of those Nonae and Decimae which were restored, that in the Decimae a true Tithe was meant, and not in Rent out of lands received, shall by the Capitularies of Charlemagne and Lewes be manifest.  
But first let me take his own confession, pag 123. The Ninth and Tenth both there spoken of, were only the Rent due from the Tenants of Churchland, 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 and consideration to be given to them as Lessors for the received profits. In the time therefore of the making such Laws, there was an opinion of many, concerning the duty of such Tenths of themselves due to the Clergy. These Tenths therefore being such Tenths, and restored, show that true Tithes, and not Rents reserved, were signified thereby. That the Nonae were paid only for the land, observe, Capit. lib. 5. cap. 147. De his qui agros Dominicatos propterea neglexerunt excolere, ut Nonas exinde non persoluant, doth show: (for, Agri Dominicati are not the Churches but the King's Demesnes) Concerning those who neglected to till the Kings demesne land, 
Vide Glossarium Legum Antiquarum, & Chronic. Camera. & Attrebatens.  that they may not pay the Nonae; and yet for them, the defrauding of the Ninth for Rent is censured by Law: whence evidently appeareth the Nonae to signify a plain Rent, such as in secular conveyances were reserved.  
But the capitulary makes it most plain, 
Lib. 5. cap. 145.  and doth interpret the like, The words are, De his qui Nonas & Decimas iam per multos annos, aut ex part, aut ex toto dare neglexerunt, volumus ut per missos nostros constringantur, ut secundum Capitularem priorem soluant Nonas & Decimas cum sua lege, & insuper bannum nostrum. Et hoc ijs denuncietur, quod quicunque hanc negligentiam iterauerit, beneficium unde haec Nona & Decima persolui debuit amissurum se sciat. Ita enim continetur in Capitulari bonae Memoriae genitoris nostri, in lib. 1. cap. 163. Quicunque Decimam abstrahit de Ecclesia, ad quam per justitiam dari debet, & eaem praesumptuose, vel propter munera, aut amicitiam, vel aliam quamlibet occasionem ad alteram Ecclesiam dederit, à Comite vel à misso nostro distringatur, ut eiusdem decimae quantitatem cum sua lege restituat. Concerning those who for many years have neglected to pay the Ninths and Tenths, we will, that by our officers they be compelled, according to the former Capitular, to pay the Ninthes and tenths with the forfeiture, beside our Bannum. And let it be made known to them, that whosoever shall do so the second time, shall lose the Benefice whence they ought to be paid, for so it is contained in the capitulary of our famous Father, in the first book cap. 163. Whosoever shall take away the Tithe from that Church, to which of right it ought to be paid, and praesumptuously shall pay it to another Church, either for gifts, or friendship, or other occasions, let him be compelled by our Shrieve or other officer, to restore the Tenth with the forfeiture.  
This I have repeated all, because the last part is acknowledged by Himself to signify parochial Tithe properly, pag. 72. the former part therefore must signify the same, as being but the explication of this. But there is another in the First book: 
〈◊〉.   qui Ecclesiarum beneficia habent, Nonam & Decimam ex ijs Ecclesiae cuius res sunt, donent, & qui tale beneficium habent unde ad medietatem laborent, de eorum portione proprio Presbytero Decimas donent, That they who have Benefices of Churches, pay the Ninth and Tenth to the true Churches, and they who have them to halves, of their part, let them pay to their own Priest. Where note, in lands tilled to halves, Tithes of the same kind, of the one half given to the Church from whom they held the Benefice, as of the other to their own Priest, which must needs be parochial Tithes. Besides these and many others, why is so often in the Capitularies a help for Incumbents, non Redimere Decimas, not to redeem Tithes, (which must be understood of True Tithes) unless the True Tithes had been both taken away from the Clergy the first possessors, and were restored of right by the meaning of the Capitulars?  
The conclusion therefore is, that Charles Martell took away Tithes, truly so called, because that which was restored by his Successors was a true Tithe. And so both the reading and sense of the century writers in their relation may have truth, and the word pecunia Ecclesialis in the Council not be wrong interpreted by Decimae, as a general, by a special: and the original of infeudations not be else where sought then in Charles Martell: From whom the Annals derive it, 
Metrop. lib. 1. cap. 2. Epist. 82.  as Krantzius citeth, and P. Blesensis may seem to aim at, where it is said, Milites Galliarum sibi ius decimationis usurpant, The Soldiers of France usurp the right of Tithing: Now to his soldiers did he convey them: Not to recite the Canonists and later Historians which were infinite.  
Object. But to resolve the Objection, which concerning Infeodations from this Charles seemeth to be made, namely, 
Pag. 52.  that this giving by him, was no Infeodations, but only leases for lives were made by Churchmen, to such as the Prince appointed, of great part of their possessions, whereupon certain small Rents were reserved. Those leases were sometimes, upon the Prince's request, renewed, but upon death of the Lessee, the estate and possession reverted to the Church.  
Sol. All this is false, and yet true, changing the time, for this is true in caroloman's time, who restoring some Church revenue wholly, for the maintenance of his wars, still retained some upon these better conditions. The Council under Carloman is, Capitul. lib. 5. cap. 3. And the words are, Statuimus quoque cum consilio servorum Dei & populi Christiani, propter imminentia bella & persecutiones multarum gentium quae in circuitu nostro sunt, ut sub precario & censualiquam partem Ecclestalis pecuniae in adiutorium exercitus nostri cum indulgentia Dei retineamus; Ea conditione, ut Aanis singulis de unaquaque quaque Casata solidus, id est, duodecim denarij ad Ecclesiam vel Monasterium reddantur, eo modo, ut si moriatur ille cui pecunia commendata fuit, Ecclesia cum propria pecunia revestita sit. Et iterum si necessitas cogat, aut princeps iubeat, precarium renovetur, & rescribatur nowm, & omnino obseruetur, ut Ecclesiae vel Monasteria penuriam & paupertatem non patiantur, quorum pecunia in precario praestita sit; sed si paupertas cogat, Ecclesiae & domus Dei reddatur integra possessio: We ordain by the counsel of the Clergy and people, in regard of the imminent wars and many invasions, which are round about us, that under the favour of God, we may retain some part of the Church estate in Lease, for the help of our army, upon that condition, that yearly a shilling be paid out of every Casata to the Church or Monastery; in such sort, that if he die on whom the Benefice is bestowed, it shall revert unto the Church. And again, if necessity enforce, or the Prince command, the Lease may be renewed, and another made: But chief let care be taken, that the Church or Monastery be not in penury, whose estate is leased: for if need be, let the Church have the full or whole possession. This I have repeated, that not only the Author's select passages to expose the Church revenue to be the bait for the State, may be seen, but even the occasion, and the gracious conditions may be observed: And withal, which is to the question, to declare the falsehood and crafty shuffling of the state of the time, from Charles Martell the Sacrilegious, to Carloman the Religious, and Pipin the Pious the restorers of the Church; this being upon a new grace of the then Princes; nothing being received before, because infeodated: Which Pope Zacharie upon Boniface his relation of the Canons of that Council, doth insinuate; 
Inter Concilia edit. Venet. tom. 3. p. 432.  De censu vero expetendo, eo quod impetrare à Francis ad reddendum Ecclesiis vel Monasterijs non potuisti aliud, quàm ut vertente anno, ab unoquoque coniugio servorum, 12. denarij reddantur, & hoc gratias Deo, quod impetrare potuisti: Concerning the demand of maintenance, since thou couldst obtain of the French to be restored to the Church nothing but 12 d. of each coniugium servorum, thanks be to God, that thou couldst obtain it. Whence appears that it was a new concession and use in caroloman's time. And in the capitulary exhibited to Lewis the 2. it is said, Whereas Charles Martell, primus inter omnes Francorum Reges & Principes res Ecclesiarum ab ijs separavit, & divisit: First, of all the French Kings he separated and divided from the Churches the goods thereof: Now Pipin being not able to restore all, precarias fieri ab Episcopis exinde petijt, & Nonas ac Decimas, etc. Exinde, from thence therefore, not before, he procured Leases of the Bishops, and Ninths and Tenths, etc.  
Object. But yet in Goldastus third Tome of Imperial Constitutions, pag. 648. there is a Decree under Theodoricke the fourth King of France, and Charles Martell More of the Palace their names, which if true, doth cross this: The words are, Res Ecclesiarum, ut subveniatur necessitatibus publicis, & solatijs militum, pro Dei Ecclesia, & bono statu Reipub. & unius cuiusque propria pace pugnantium, Statuimus, cum consensu Episcoporum, & placito Procerum regni, & adhortatione totius populi, ut necessitate exigente, liceat aliquantos ab ijs separari, atque inter dignos & bene meritos dividi, precarias tamen fieri ab Episcopis exinde volumus, & Nonas ac Decimas ad restaurationes terrarum, & de unaquaque Casata duodecim denarios ad Ecclesiam, unde res erant beneficiatae, dari constituimus: We ordain by the consent of our Bishops, and the pleasure of our Nobles, and the request of all the people, that for the public necessity, and comfort of those soldiers, which fight for the good of the Commonwealth, and the peace of each man, that it shall be lawful to separate some of the goods of the Churches from them, and to divide them amongst the worthiest: Yet from henceforth we will, that Leases be made by Bishops, and we ordain, that the Ninths and Tenths for the reparations of the land, and xii. d. out of every Casata, should be given to the Church, from whom they have the Benefice.  
Sol. If this were true, Pipin and Caroloman restored nothing, for they did as much. But himself in the Review, pag. 467. in desire to discredit the capitulary exhibited to Lewis the 2. hath afforded a reason to deny this; his words are, I somewhat doubt them, because the most known and certain Laws of Martells time, speak only of xii. d. to be served out of every Casata, but the Nonae and Decimae grew not elsewhere into use, till after the beginning of the French Empire. This therefore is no known and certain law of Martells time, wherein the Nona and Decimae are expressed: But if the other be certain, as they are, than infeudations were, and no leases only in that time. Yet that in pipin's time, though not in Charles Martells, the Nonae and Decimae were by name restored, Lewis his decree in Flodoard maketh it plain, 
Lib. 2. cap. 19 p. 142.  where he saith, Et sicut decretum est à piae Recordationis Domino & avo nostro Pipino Decimas & Non as eidem Ecclesiae— persoluant; And as it was decreed by our religious Lord and Grandfather Pipin that the Ninths and Tenths should be paid: Besides the Testimonies before.  
So that hence, beside from other later examples, that his assertion. pag. 112. is most false, That there was no mention of Infeodations, 
P. 116.  for above 300. years after him. Whereas yet to cross this, himself citeth about the year. 900. an Infeodation of Tithes, from Charles the Bald (or Charles the simple, as Douza would have it, to Thierry the first Earl of Holland) which I am persuaded is pointed at in Concilio Meldensi. 
Cap. 75.  Anno 845. under Carolus calvus, not Carolus Simplex, or else it is some other such like, and is to this purpose worthy the reading: Others more might be found within that time as by the Testimonies of Agobardus and others might be inferred.  
So then in the whole story, I suppose His assertions & weak reasons, may not prevail against the substantial truth thereof: but that it, and the consequences thereout may be of fair proof, against his opinion, of the Non payment then; the denying the original of Infeodations thence; the consecrations of new created Tithes sithence; beside of the truth of the Story.  
Yet because in this Story, the old word Casata occurring hath made him to vary his opinion, as whereas pag. 53. he did interpret it, a quantity of land; yet in the Review p. 467. He supposeth it, a house only. Although I profess myself no Critic, yet this I would only offer to his knowledge or remembrance, that Pope Zacharie did interpret it, by Coniugium servorum, in the place before quoted: and that in the Council at Agatha, 
Can 7.  there are these words Casellas vel Mancipiola.  
And thus much for this Story, 
Review p. 466.  wherein I hope so much hath been unfolded, that now upon his promise he may change his mind; And seeing some Syllables left in the writings of near his age concerning his Sacrilege in Tithes, as we here inquire after: and something that hath reference to the common payment of them, though not found in the laws under him; (whereof I know none, but that uncertain one) though immediately after him; he will not remain confident in what he had admonished, nor think that every man of an impartial judgement should be of his mind.  
COncerning the Opinion, which he acknowledgeth p. 46. 
Num. 4.  was great, of their being due; after S. Ambrose his authority here allowed, the Hom. of S. Augustine in Serm. de Tempore. 219. is for the authority weakened, Thus,  
Although some doubt, whether it be his or no, and albeit, 
Pag. 54.  the words are in a supposititious Treatise attributed to S. Augustine, named, De Rectitudine Catholicae conversationis, saith he;  
Animad. 11 Yet that it is his, may appear for all his sly objections. First, 
De scriptor. Eccle.  for that Caesarius Arelatensis (who as Bellarmine proveth against Tritthemius lived within few years after that father, for he was precedent in the 3. Council at Arles which was Anno 454. whereas S. Augustine died Anno 433) having used some of the words of that Homily in his 14. Homily, doth in the 37. Homily, cite him by name; Dixit Augustinus, Augustine saith, 
In Scintillis. cap. 29.  and then repeateth a great deal of this Sermon. Beda also who lived 900. years ago, citeth it, So Statuta Synodorum a book cited by himself, 
Pag. 210. Can. 13.  Circ, Annum 900. Concilium Triburiense Anno 895. Walafridus Strabo; And all these besides Gratian and many others, under the name of S. Augustine.  
Secondly, the phrase doth so well agree with his Mr. Saint Ambrose, as by conference may appear.  
Thirdly in the book De Rectitudine Catholicae conversationis, (which whether it be supposititious or no, Bellarmine doubts) although our Author say, Ipsissima huius vocabula haebentur in this book, as if either all the Homily, or all his quotation, were there; yet the passage in that place concerning Tithes is but very short, and ipsissimis verbis, in express words, not fourelines: which rather doth confirm, then weaken the authority of this Homily, whereout to other writings, though later, if not S. Augustine's, such portions are translated: Neither can it be, that from so small a passage so large an Homily should have original, but rather the smaller from the greater to have been selected.  

Pag. 160.  And because pag. 160. he aiming at this Homily, and that of S. Ambrose to lessen their authority, saith, Remember that those Fathers affirm it not in Disputation, but only in Exhortation to the people, which is specially observable to those who know the course of their writing.  
Animad. 12 Give me leave to prevent it in place, and to add my censure here. He that shall consider that none did then doctrinally oppose Tithes to procure Disputation, but only some covetous people were backward that needed Exhortation, will not expect other publishing of it. And yet of both sorts of writing (though neither to be suspected) the doctrine of their Homilies is the more plain truth, and the truth of Disputation but only ad oppositum: In the one, powerfully persuading truth; in the other, punctually refuting error. To discredit them therefore, because Homilies is a profane censure, as if they did publish other then Truth in Sermons, and would impose any thing upon the consciences or credulities of their hearers, which in Disputation they durst not defend.  
S. Hieromes authority ad cap. 3. Malachiae, 
Pag. 55.  is said to be about the neglect of payment only, not the right of them. And he addeth, Who hence thinketh that his opinion agrees with S. Augustine and S Ambrose concerning the dueness, may as well infer, that all men were still bound to sell all they had: he speaks only, as admonishing Christians to give their Alms to the poor, and double honour to the Priest, leaving the quantity to a Christian liberty.  
Animad. 13 For the first, who can imagine, that without right, and that from God, he would reprehend the neglect of payment so by the command of God? But his words are plain, Quod de Decimis Primitijsque 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 quae habent, & dare pauperibus, & sequi Dominum salvatorem: quod si facere nolumus saltem judaeorum imitemur exempla, ut pauperibus partem demus ex toto, & Sacerdotibus & Levitis honorem debitum deferamus: What we have spoken of Tithes and First-fruits, which heretofore were given by the people to the Priests; understand the same in the people of the Church, who are commanded not only to give Tithes and First-fruits, but also to sell and give unto the poor: which if we will not do, at leastwise, let us imitate the example of the jews, that we give some part of the whole to the poor, and we impart due honour to the Priests and Levites. Here our Author stays. And secondly for his inference see, First, how cross he is unto himself, who said, that this passage was about the neglect of payment of Tithes, and yet now they are no Tithes. Then, how fraudulent, in the Translation of Debitum honorem (for double honour to have reference to the Apostle) whereas this word debitum hath reference to Tithes and First-fruits before. Thirdly his falsehood, in equalling alike the precept of tithing to the Priest, with that of selling all, & giving to the poor; whereas S. Hierome by way of favour remits therein totum pro part, but requireth for the Priest debitum; which before he said was Tithes and First fruits. Nay chief his falsehood, in omitting the words following, Quod qui non fecerit Deum fraudare & supplantare convincitur, Which he that doth not, is convinced to defraud and cousin God. 
lib. 1. de clericis cap. 26.  Upon which let Him hear Bellarmine our adversary in this cause also, (whose authority twice he nameth) Etsi B. Hieronymus dicat esse praeceptum vendere omnia & dare pauperibus, intelligit esse praeceptum, non absolute sicut de soluendis decimis, sed si quis perfectus esse velit. Nam de isto subdit, quod si facere nolumus etc. De decimis autem dicit, Quod qui non fecerit Deum fraudare & supplantare convincitur. Although St. Hierome say, it is a precept to sell all and give to the poor, yet he understands not the precept so absolutely, as that of Tithe paying, but upon supposal of desire of perfection. For of that he saith, which if we will not do etc. But of Tithes he saith, that he that doth not that, is convinced to defraud and cousin God. But for conclusion of St. Hierome, is it not strange, that his non solum, his precept of not Tithes only but all; should be used, to infer that not Tithes at all are commanded?  
St. Hieromes authority therefore is certain: and if we conceive how he was the interpreter of Origens' former Testimony, we may better believe his opinion for the dueness.  

Pag. 56.  The authority of St. Chrysostome Hom. 43. Epist. 1. ad Corinthios, is diverted by the same shift, in that he speaketh not determinately for the Quota.  
Animad. 14 Yet though in that place, it be not determinately for the Tithe, yet is it for the more by persuasion, or at least for Tithe, in opinion: How may not his authority then, here and elsewhere be a Testimony for his opinion of Tithes due, whereas he pleaded, duty for more, but leaveth no liberty for a lower proportion? I fear they will not follow his persuasion for the greater portion to be given, who will not admit his opinion for the less, but rather would take away all. 
Collat. 21. cap. 29.  But let Cassians Abbot determine this, Non ab ijs decimarum exiguitas mutilatur, quia omnia sua pariter Domino obtulerunt; The small proportion of Tithes is not paired by those who give all.  
The authority of St. Gregory the Great, though admitted, 
Pag. 57 Review pag. 467.  in the book, for the right of Tithes; yet in the Review, his comparison of the Tithe of Days in Lent is counted slight, and nothing to the purpose: which He proveth, not only by the abused liberty of calculation of, but also by the various custom of both East and West Churches in the times of fasting, some more, some less: and thereupon the Canonists are reprehended.  
Animad. 15 But he might as well have reprehended his Holy Abbot john in Cassian, 
Collat. 21. Cap. 25.27, 28. Can. 9 In doctrina 15.  where he is even curious in answering His objections both of the Calculation and divers use; And the 8. Toledan Council. And before these, St. Dorotheus Abbas, and others before the Canonists; yet in this I define nothing, but only point out Cassians Abbot, to answer his reasons.  
Concerning Positive Laws, first Pontificial and Synodal, although he acknowledgeth but one Council, and that the 2. at Mascon, Can. 5. 
P. 57 etc.  which Council (saith he) hath no small testimony, aswell of ancient practice in paying of Tithes, as great opinion of their being due: Yet he excepteth against it, as being supposititious: First, because not received into any old Code of the Canons in any of the ancient Compilers, though in Isidore, which is the full st, some other Synods of the Continent of France are, as of Orleans, of Arles, of Agatha. Secondly, 
P. 58. P. 65.  because Friar Crabb was the first publisher. Thirdly, as pag. 65. because Agobaddus saith, I am vero de donandis rebus, & ordinandis Ecclesiis, nihil unquam in Synodis constitutum est, nihil à sanctis Patribus publicè praedicatum: Now concerning the giving of goods, and ordering or endowing Churches, nothing hath been decreed in Counsels, nothing hath been promulgated by the holy Fathers.  
The first reason is very peremptory, and at once infringeth many worthy French Counsels, which yet are not in isidor's Code of Counsels, to repeat them all, were needless; they are obvious to every one that turneth over the Counsels. But observe my conjecture, why they were not compiled by Isidore: It was, as I suppose, for the novelty of them; this last of Mascon being even in his time, but two years before he was Bishop of Seville: And therefore as yet, having not got authority to be received into public esteem, especially in other kingdoms, and that other was not long before. Now since they happened not before the time of that most diligent Father Isidore, none after (that I know) ever collected the whole bodies, until that laborious Friar Peter Crabb endeavoured it. The rest, as Burchard, Gratian, Ivo, contented themselves with scattered Canons out of them, which they distributed into several heads. No reason therefore, that the negative exception should be allowed; which, although in none but the book of God, and that in things necessary to salvation, can have a necessary consequence, yet in this hath no probability. And the first publishing of it by Peter Crabb, needs not take away from the authority thereof. Read Binnius his notes upon this Council, where by other authority he proveth this to be authentic.  
As for Agobardus words, they are unadvisedly, if not craftily mistaken. That learned writer speaking there only of General Counsels, such as that of Mascon, is not, and those even in opposition to the Canon's Gallicani, (as he calleth them in the former page) of which sort that of Mascon is: Which also may appear directly by the whole passage before in that Author; where having proved the unlawfulness of Lay men's detaining Church Revenues, and out of the Canons having expressed the manner of division of them, and to whom the right of custody did belong, He adds; De quare, si quis diligentius vult agnoscere, quid vel in quibus Conciliis dicatur, legendo, & revoluendo cognoscat: Verum quia sunt, qui Gallicanos Canon's, aut aliarum regionum, putent non recipiendos, eo quod Legati Romani, seu Imperatoris, in eorum constitutione non interfuerint: Concerning which, he that desireth more exactly to understand, by reading he may know what is written, and in what Counsels: But because there are some, who think the Counsels of France, and of other countries, are not to be received, because the Popes or emperors Legate was not present at the making of them; Counsels therefore there were that might inform, if they would take Canon's Gallicanos, aut aliarum regionum; whose authority can be no more be excepted against, saith he, than the authority of Cyprian, Athanasius, etc. whose works were written without the presence of the Legates, either of Pope or Emperor: Proceeding therefore in defence of Provincial Counsels, which were commanded both by Popes of Rome, and by magna Concilia every year to be celebrated, his counsel is, Rectius profecto facere videtur, qui ubicunque magnarum Synodorum Statuta deficiunt propter insuetas emergentes causas, Antiquorum Statuta, quae merito reprehendenda non sunt, sequenda deliberat; quam qui ea quae ipse sentit— eorum sensibus anteponit. He seems more to be in the right opinion, who, where the Statutes of Great councils fail, upon several unusual cases which happen; determineth to follow the Statutes of the ancient, which are not worthy to be reprehended: then he who preferreth his own sense, before their judgement. And then resolving, that all the fathers in provincial councils, in what time or place soever they decreed, any thing De rebus Ecclesiasticis tractandis conseruandisque, did study to agree with the authority of Scripture, and the Statutes of their predecessors: Then follow the words cited; jam vero de donandis rebus & ordinandis Ecclesiis nihil unquam in Synodis constitutum est, nihil a Sanctis patribus publice praedicatum. Nulla enim compulit necessitas, fervent ubique religiosa devotione, & amore illustrandi Ecclesias ultrò astuante. But now concerning the giving of goods, and endowing Churches, nothing ever hath been decreed in councils, nothing publicly promulgate by the holy Fathers. For no necessity required it, the religious devotion, and love of beautifying the Churches every where abounding of their own accord. All which being considered, I appeal, even to the conscience of the Author, or any other, whether those words may be a just exception against the truth of the Mascon Council, which was comprehended inter Gallicanos Canon's, and Antiquorum Statuta. And here by the way, let him also look back upon his protestation, 
In his Preface.  whether he hath purposely omitted nothing that belonged unto the Title, since even in the next page. 277. are such quotations omitted, which in the Catalogue are comprehended, for the right, De jure Divino.  

P. 59  Ivo is reform by a Ms. howsoever his words are acknowledged to be Leo the fourth's, not much out of this second 400. years.  

P. 60.  Ivo is again corrected for naming Tithes in the first Council at Orleans. Can. 13. whereas Ivo in his Manuscript citeth it not, from any council of Orleans, but some out of Toledo, whereof yet none expressly mentioneth Tithes.  
Animad. 16 Let him view the fourth Toledan Council cap. 32. and there he shall find the word Decimas, as both Carranza and the Venice Edition read it, besides Binnius. Yet himself, to other purpose, citeth that same addition of Ivo to this Canon. pag. 82. under the name of the first of Orleans. Can. 13. But before Ivo, 
Biblioth. Vet. patrum, Edit. ●lt. Tom. 11.  Anselmus Lucensis in his Collectanies, receiveth the same words, and referreth them to a council at Toledo, and there citeth also a Canon ex Concilio Agrippiensi relating the same of Toledo, which yet hath reference to former Counsels, juxta Priorum authoritatem conciliorum. According to the authority of former councils.  

P. 61.  The Council Spalense Anno 610. rejected: The exception is, because the Council of the same year and place hath no such Canon, and is whole in divers Editions, as it was certified by eight Bishops. And the beginning of this Canon is nothing but the syllables of one of Charlemaine's laws; unicuique Ecclesiae mansus integer absque ullo seruitio attribuatur.  
Animad. 17 The first exception (though ill dated by the Printers fault; for it should be DXC. not DCX. the Numeral X being misplaced) yet is to peremptory, since thereby many other Canons cited by Gratian, Burchard, and Iuo. would want both time and place to be excerpted out of this Council at Siuil, as are by Garsias in Binnius collected. Garsias supposeth the former Council of that year 590. which is extant, to be only an Epistle to Pegasius Bishop of Astigitanus, and that the Council wholly is not extant: Then why may not this and the rest, be Fragments thereof, since so collected by Ivo? For as for the second Exception, himself hath next before observed, how Ivo had joined together Canons of divers times, as of Gelasius and Leo the 4. And so in this it is likely, that that Preface out of the Laws of Charlemagne, might be annexed to the true Canon of that Council Spalense; there being little dependence of the Canon, on that Law of Charles. Hear I can but conjecture to free Ivo and the Council.  
Ivo and Burchard out of the first Council at Orleans, 
Pag. 63.  and the 9 at Toledo. Gratian in c. 16. q. 1. cap. 5. in Canonibus, out of the Council of Gangra. The Council at Tribur. cap. 13. & 14. out of Gelasius Decree, cap. 29. and the Council of Chalcedon, Can. 17. They apply the several Canons to Tithes, as if these former Counsels at first were made specially and by name for them, whereas the matter is plainly otherwise: what was ordained in them about Oblations, is out of them by these (Tithes and Oblations being then supposed of equal right) expressly extended to Tithes.  
Animad. 18 Surely this is a strange injury, to conclude the particular out of the general, Tithes out of Oblations; which, that they were included in the intentions of those prime Counsels, is more to be believed from the assertions of those later, yet ancient Writers and Council, then from the ungrounded conjectures of the Author; who pag. 116. out of Zonaras seemeth to confess Tithes to be meant in the Council of Gangra, and the 4. Toletan. oan. 32. and that at Paris, ann. 829. having reference to former Counsels, though naming Tithes, must have the like blame with them.  
The Provincial Council at Friuli anno 791. 
Pag. 74.  is put off by a trick, It is rather a declaration by doctrine, than a constitution by precept, saith he.  
Animad. 19 Why? doth he think it in conscience of less force, because of less formality? Is not a public declaration of God's precept to us, with addition of his commination upon the breach, not worthy to be accounted a Constitution, which is more; since a constitution is but a declaration of man's will, whereas this is the declaration of the will of the Council in the word of God?  
But rejecting these as Provincial, he insulteth, that there was no general Council, 
Pag. 64.  and therefore citeth Agobardus to prove it in the place before insisted on (whose reason for the want of general Counsels, if he had as well considered, as he doth his authority of their want, he needed not expect them) for saith Agobardus, Nulla enim compulit necessitas fervent ubique religiosa devotione, & amore illustrandi Ecclesias ultro aestuante, there was no need.  

Pag. 66.  Next he doth infer, that therefore to Baptismal and Episcopal Churches they were received as indefinite offerings; the quantity whereof was wholly arbitrary, in respect of any Constitution or general Law in use.  
Animad. 20 But if he had conceived the Law of God, grounding the general persuasions of the Fathers, which were the rule of Canons; and observed that they never admitted a less proportion, but expected a greater; and that even in those Counsels which were generally received, the phrases were Oblationes fructuum vel Primitias Ecclesiae debitas; The offerings and First-fruits due unto the Church, as Concil. Gangrenes. Can. 7. which is so understood in Sexta Synodo Romana sub Symmacho: De fructuum oblationibus quae Ministris Ecclesiae debentur, Of offerings of fruit which are due to the Ministers of the Church. 
Greg. M. Moral. l. 22. c. 23.  Ministeria debita— à subditis exigenda; Due maintenance, to be exacted of the Subjects: and considered in the Capitularies which were through the Empire, Ecclesiae antiquitus constitutae decimis non priventur; implying upon Constitutae Ecclesiae, soluendae decimae, how should he say, they were wholly arbitrary for the quantity, and that to a less proportion?  
Photius his Nomocanon. Tit. 5. and Cod. De Episcopis & Cler. leg. 39 are cited, wherein saith the Author, He that offered not at all was compellable, but not he that offered a less quantity, and compulsion was taken from the Church's authority in the Patriarchate of Constantinople.  
Animad. 21 In the authority of Photius, Titulo 6. (for in 5. there is nothing) there, such Bishops and Clergy that should excommunicate or detain the administration of Sacraments from those that brought not their fruits, aut Angarias non praestent, or do not their Service, or pay not their Taxes, although consuetudine id invaluerit, should forfeit ten pounds, besides deprivation; So that rather he should have said, the authority of compulsion had been taken from the Church, then that the compulsion was taken from the Church's authority.  
But why in that Canon should the quantity be designed? since other first fruits besides Tithes being due, might be comprised in the word fructus, by which they well understood what more specially was signified. Moreover, this compulsion, being so unlawful, might be for some other imposed or voluntary offerings of fruit, for which, to suffer excommunication to be published, might prove scandalous, for so by the joining of Angarias praestent, it may seem. For, that in the time of Photius, circa Annum 858. 
Vet. Pat. vlt. Edit. tom. 8. pag. 333.  a Tenth was usually paid, Anastasius Abbas who lived circa Annum 840. doth testify, in his book contra judaeos, saying of Abraham his tithing to Melchizedech; Decimas ei dedit, ut dare solent Laici Sacerdotibus, He gave Tithes to him, as Lay-men use to do to the Priests: and that constitution of compulsion was only restrained to that Patriarchate, as the Canon importeth.  
Animad. 22 As for the quotation of the Codex, there is no such matter, a needless quotation.  
The old Aethiopian Mass is also produced to show it was a special bounty to offer so much as the Tenth, 
No need of the Critike Fortè in the Margin for so it is read Bibl. SS. Patrum Edit. 2. tom. 6. pag. 95.  where a distinct prayer is for those, Qui obtulerunt munera Sanctae, unicae, quae est super omnes, Ecclesiae sacrificium scilicet primitiarum, decimarum, gratiarum actionis signum & monumentum, Who have offered the gift of the holy, only universal Church, that is, the Sacrifice of First fruits and Tithes, in sign and token of their thanksgiving.  
Animad. 23 A strange interpretation, to infer hence the bounty, not duty of paying Tithes, whereas in that it was a prayer of the Church, nay called Canon universalis, it was for a common service, and so proves a general duty and payment: and because it is but gratiarum actionis signum & monumentum, it shows the true end of paying Tithes, which might not be neglected, namely, our thanksgiving to God, and therein a common practice for the common prayer. For I cannot be persuaded, that in any public Liturgy, any distinct prayer either was or should be, for a particular sort of men, for doing that whereunto they are not bound. And I think it a necessary conclusion, that since they are an argument of thanksgiving, they are due De jure Divino. And yet farther, if the Mass had judged it a special bounty, there should have been added some Epithet of excess to their gratitude, since every less offering would deserve as much, as to be accounted barely a Testimony of thanksgiving.  
But I pray thee, Reader, attend the words of the prayer, Rogemus Omnipotentem Deum Patrem— pro ijs qui obtulerunt munera Sanctae, Vnicae, quae est super omnes Ecclesiae, Sacrificium sc. primitiarum, decimarum, gratiarum actionis signum & monumentum: Seu autemquis multum obtulerit seu parum, aut secreto seu palam, seu volens & non habens, omnium amplectatur voluntatem qui Coelestem Spiritum donat; Let us beseech Almighty God the Father— for those who have offered the gifts of the holy, only, universal Church, to wit, the Sacrifice of First-fruits, Tithes, as a sign and token of their thanksgiving: Whether any hath offered more or less, or secretly or openly, or in will, though he have not; accept all their good wills, thou that givest the heavenly spirit. Observe, First, that Tithes are called Munera Sanctae, Vnicae, quae super omnes Ecclesiae, the gifts of the universal Church. Tithes therefore universally given. Secondly, how they are called Sacrificium, a Sacrifice, a religious duty to God. Thirdly, how the words multum or parum, secretò or palam, volens & non habens, must probably by coherence with the former, have reference to Tithes, which may be more or less, or nothing, according to the ability of the persons. These observations I have added, since I perused the mass itself: By all which is plain, how the Author could not have produced a more important authority against himself.  
But lastly, the 2. Council at Braccara, 
P. 67.  cap. 6. & Tolet an. 9 cap. 1. are alleged to prove Tithes, so far arbitrary consecrations, as that by the practice of some places (which agree enough with the right challenged in the succeeding ages touching investiture and arbitrary consecrations) the offerings were so in the Patron's disposition, that he might assign a certainty to the Minister of his Church, and employ the rest at his pleasure.  
Animad. 24 As for for the quotation out of the Council of Toledo, Can. 1. there is no such thing, it is a needless quotation.  
Animad. 25 For that of Braccara, the Canon is thus; Placuit, si quis Basilicam non pro devotione Fidei, sed pro quaestus cupiditate aedificat, ut quicquid de oblatione populi colligitur, medium cum Clericis dividat; eo quod Basilica in terra sua quaestus causa condiderit, (quod in aliquibus locis usque modo dicitur fieri.) Hoc ergo de caetero observari debet, ut nullus Episcoporum tam abominabili voto consentiat, nec Basilicam, quae non pro Sanctorum patrocinio, sed magis sub tributaria conditione est condita, audeat consecrare: We are pleased, that if any build a Church more for gain then godliness, that he may divide with the Priest the oblations of the people, because it is built in his land; which is said to be practised in some places at this time: From henceforth be it observed, that no Bishop consent to so abominable a wish, nor dare to consecrate such a Church, which is not built to obtain the patronage of the Saints, but to be under a tributary condition.  
The Authors interpretation hereof is false, for the Patron's portion was by composition with the Bishop, who consecrated the Church upon that condition; and therein did consent, and was forbidden thenceforth to consecrate: so that it was assigned to the Patron, and not by him, as also Tit. de iure. Patron. c. praeterea. Institutum ab Episcopo.  
Secondly, the fault of the Patron was even abominable, not to be defended nor followed.  
Thirdly, hence appears the contrary to his intention: he would prove there, offerings arbitrary in the quantity: But the Patron here, who built the Church, quaestus cupiditate, for desire of gain, sure could not think so, or else might well have been deceived in his covetous desire: For suppose, they had not paid any set Tithe, but each had offered two mites, like the poor widow, it would have proved no gain to build Churches, and that for half benefit; especially, if but ten households which may make a Parish, (as c. 10. q. 3. c. unio. out of the 16. 
Edit. Venet. Concil. tom. 3. pag. 385.  Council of Toledo) may be supposed. Let him weigh this consideration; where also may be considered, how a great proportion of oblations must needs be paid, since out of half the Priest must have a competency, which by all opinion and Law was allowed him.  
Animad. 26 But if in such manner (as the parenthesis before infers) Arbitrary consecrations, and investitures, claim to meddle with Church oblations; then even before that time the Canons of the Apostles, Can. 37. & 40. Concil. Gangrenes. cap. 7. & 8. Antiochen. can. 24. & 25. Damasus. cap. 10. qu. 1. Hanc consuetudinem, Council. 3. & 6. sub Symmacho. Agathense Can. 48. Aurelianense 1. Can. 16. besides other, have Anathematized them, who besides a Bishop and his officer, would dispose them: Which faintly he seemeth to acknowledge, saying; that in this age also some Canons subjecteth all new built Churches to the Bishop's government, but were little obeyed; and so he citeth but only one, Aurel. 1. Can. 13.  
Animad. 27 The fault might seem less, if but one Council, and that in opposition to the rest, had said it. But may it please the Reader to search these quotations, jointly confessing the same truth, Concil. Arausicanum, Anno 441. Can. 10. Ilerdense, An. 525. Can. 3. Aurelianens. 4. Anno 547. Can. 7. Toletanum 3. Anno 589. Can. 19 Toletanum 4. Anno 643. Can. 32. & 34. and all these in the same 400. years: And then the disobedience should be a terror, and not an example of the like attempting, since so many holy Fathers have accursed the Lay intermedlers in the goods or fabric, in the Churches of their Dioceses.   

ANIMADVERSIONS on the sixth Chapter.  
TO begin the Treatise of the third 400. years, he confesseth it to have been the general opinion of the Church, that they are due, De jure Divino: but would have this general opinion interpreted warily, by the general practice, clearly allowed by the Clergy.  
Animad. 1 He might have said wickedly, for that practice as himself confesseth, was disobedient both to the Canons of the Church pag. 67. and 71. and to the Laws of the Empire pag. 70. and 136. and therefore not allowed clearly as he boasteth.  
After the granting of ordinary payment, not only out of devotion but duty from the beginning of these 400. years, 
Pag. 72.  He proceedeth to prove arbitrary Consecrations, at which he saith, certain phrases in councils do point: as Decimationum proventus priori Ecclesiae assignatus, The profit of tithing assigned to other Churches, as Council Mogunt. c. 16. q. 1. cap. 24. Locus ubi Decimae fuerant antiquitus consecratae, The place where Tithes were anciently paid. Concil. Metens. Circ. Ann. 890. cap. 2. Decimae quae singulis dantur Ecclesiis. Mogunt. Circ. Ann. 846. cap. 10. Tithes which are given to each Church.  
Animad. 2 But, first all those Canons are against arbitrary Consecrations, and secondly, the phrases do not aim at them.  
The first Canon is, Si quis Laicus, vel Clericus, vel utriusque sexus persona, proprietatis suae bona, vel res alicubi dare delegaverit, Decimationum proventum priori Ecclesiae legitimè assignatum, inde abstrahere nullam habeat potestatem, If any Lay or Clergy man, or of either sex any, intent to give his proper estate or goods to any place, let him have no power to take away the profit of tithing anciently assigned to other Churches: So, he might not give his Tithes, though he might his land, by reason of Parochial right. And for the phrase that this legitimè assignatum was by the Bishop not Patron, observe both reason and authority, even for the phrase.  
1. If the Bishop might only dispose of Church revenue as before is proved; and specially of Tithes, as in Concilio Ticinens. Ad Annum 855. In Sacris Canonibus praefixum est, ut Decimae juxta Episcopi dispensationem distribuantur: Quidam autem Laici qui vel in proprijs vel in Beneficijs suas habent Basilicas, contempta Episcopi dispositione, non ad Ecclesias ubi Baptismum, & praedicationem, & manus impositionem, & alia Christi Sacramenta percipiunt, decimas daunt; Sed vel proprijs Basilicis, vel suis Clericis pro suo libitu tribuunt, Quod omnimodis Divinae legi & sacris Canonibus constat esse contrarium. It is determined in the holy Canons, that Tithes should be distributed according to the dispensation of the Bishop: But some Lay men, who either in their own lands or Benefices have Churches of their own, neglecting the ordination of the Bishop, pay not Tithes to the Churches, where they are baptised, taught, confirmed, and have other Sacraments, but pay them at their own pleasure to their own Churches or Clerks: which manifestly is altogether against the law of God and the Canons. Nay the Council of Agatha An. 506. c. 22. saith, Rem Ecclesiae sicut permiserunt Episcopi teneant Ciuitatenses sive Dioecesani presbyteri vel Clerici, Let the city or Diocesan Clergy have the estate of the Church, as the Bishops have granted or suffered: No lawful assignation then, but by the Bishop.  
2. The Bishop was interessed in a third or fourth part of Tithes in special, as Concil. Toletan. 4. Can. 32. juxta priorum authoritatem conciliorum, tam de oblationibus quam Decimis— tertiam consequantur, According to the authority of former Counsels, both of Oblations and Tithes, let the Bishops have the Thirds: And Concil. Parisiens'. ann. 829. lib. 1. cap. 31. Quanquam Canonica authoritas doceat, ut quarta pars decimarum— in usus Episcoporum cedat, Although Canonical authority teacheth, that the fourth part of Tithes— must belong to the Bishops. Nay these had right to all Tithes not assigned, as Addit. ad Concil. Lateran. part. ultim. cap. 40. How then might any Translation be without him?  
3. Since the limits of Parishes were assigned by Bishops, Ecclesiastica ordinatione Statuti, as Vrbanus the third, Tit. de Parochijs, cap. super eo. why not the assignation of Tithes? Videses Grat. c. 13. q. 1.  
But the very phrase is in Gratian. C. 16. q. 1. cap. plures baptismales, Ius ergo Ecclesiarum ita interpretandum est, ut nisi Episcopo disponente alijs Ecclesiis fuerit assignatum, etc. The right of Churches therefore is so to be understood, that unless by the disposition of the Bishop it be assigned to other Churches, etc. Where the assignation in the Translation is. And Alexand. 3. Addit. ad Concil. Lateranen. par. vlt. cap. 40. To the Bishop of Brixia, Decimas retentas si infra certam alicuius Parochiam fuerint●, eidem Ecclesiae facias assignari, Cause those Tithes which are withheld, if they be within a certain Parish, to be assigned to that Church. And from the beginning, the Bishop, who as the common Treasurer, parted with the custody of such Revenue due to his Episcopal office, at the consecration of each Church, both received the Dowry from the Patron, and assigned the several circuit for the offering of oblations, and the having Church service.  
Animad. 3 The second Canon is out of the Council at Meaulx: The words are, cap. 2. Ideo statuimus ut deinceps nemo Seniorum de Ecclesia sua accipiat de decimis aliquam portionem, sed solummodo Sacerdos qui ibi loci seruit, ubi antiquitus decimae fuerint consecratae, Therefore we decree, that from henceforth no Seigneur take any part of Tithes, but only the Priest that serveth there where the Tithes were anciently consecrated. Here is no right of Translation by the Patron, much less of Consecration: But here indeed it is no more than anciently paid, Antiquitus consecratae, Ecclesiis antiquitus constitutis, as in the 4. 
In Concil. in Palatio Vern sub Pipin. ann. 755. and Capit. lib. 5. cap. 230. & lib. 6. c. 105.  Council of Arles the Churches are called: It being therefore in the Bishop's power and not in the Patrons, to allow Baptismal Churches which had the right of Tithes. No arbitrary consecration therefore can be inferred, which is opposed by the Canon, but only forbidding of sacrilege, to take away what did anciently belong to such Churches.  
Animad. 4 The 3. Canon is in the Council at Mentz under Rabanus the Archbishop, where the words are, Volumus ut Decimae quae singulis dantur Ecclesiis, per consulta Episcoporum à Presbyteris ad usus Ecclesiae & pauperum summa diligentia dispensentur: We will that the Tithes which are given to each Church, by the advice of the Bishop, be disposed by the Priests with great diligence, to the use of the Church and the poor: which is also before in Concil. Turonens. 3. anno 813. Can. 16. But that this giving was not voluntary but necessary, the precedent Laws both Spiritual and Temporal, may infer; whereof one in this page saith, Per justitiam debentur, They are due of right: And that the Bishop had an interest in them, appears in the next Canon of the same Council. And as for the necessary duty, he confesseth it in the next words out of the Canon of Leo the 4. c. 16. q. 1. De Monachis, cap. 45, etc. 56. & saepe in Capitularibus. To which may be added the Council Meldens. c. 48. ut vici & Ecclesiae Baptismales authoritatem & privilegia debita retineant; That the Parishes and Baptismal Churches may retain their authority and due privileges: Nay, Tithes in special were so due, as no Tithes, 
Hinemarus in oper. 55. capit. cap. 1. Lib. 1. cap. 7.  no Service, and that secundum antiquam consuetudinem. Nay the Capitul. of Charlemagne in the Edition of Vitus in his eleventh year, having the same phrase, yet enjoineth a necessity, De Decimis ut dentur & dare nolentes— exigantur, Of Tithes that may be given, and they that will not give— may be enforced. 
Ad Cathol. Ecclesiam lib. 1.  The words of Saluianus Massiliensis, are here fit; Si devotus, da quasi tuum, si non devotus, red quasi non tuum— Ad opus Sanctum & hortatione invitaris, & exactione constringeris, Da si vis, Red si non vis; If thou be devout, give as if it were thine own, if not devout, restore as if not thine own. To a holy work thou art both exhorted and enforced; If thou art willing, then give, if unwilling, then restore.  
But that such consecrations of Tithes, 
Pag. 72.  not established by a Civil Tithe made to the Church of another parish, were practised, and were in force, at the lay-owners choice, He proveth plainly (as he saith) by a law (but not put in execution) for punishment of such consecrations: And the law is, leg. Longobard. lib. 3. Tit. 3. c. 7. & in Addit. 4. ad capit. cap. 173. The words are, Quicunque decimam abstrahit de Ecclesia, ad quam per justitiam dari debet, & eam praesumptuose, vel propter munera, aut amicitiam, vel aliam quamlibet occasionem, ad aliam Ecclesiam dederit; à Comite vel à Misso nostro distringatur, vel eiusdem decimae quantitatem cum sua lege restituat; Whosoever taketh away Tithe from the Church to which of right it is due, and praesumptuously, either for reward, or love, or other occasion shall give them to another Church, let him be distrained by our officer, or restore the Tithe with the forfeiture.  
Animad. 5 But that He is here mistaken, himself will judge if he look to the understanding of this Decima by the Capit. lib. 5. cap. 145. cited before in the answer of the fift Reason in Charles Martels Story: where he shall find this Decimae, though a true Clergy Tithe (yet of Benefices and Infeodations alone) which were per justitiam debitae; And that such Translations of them were not in force, the word praesumptuosè me thinks doth infer. Neither could such Benefices have had much practice of such translations, since they were even so lately practised in pipin's Time, the Father of this Charles, whose capitulary this is, for it is not Lotharius his, as the former capitulary can testify.  

Pag. 73.  He further would infer it out of another prohibition against Parsons, who under pain of deprivation. capit. lib 7 cap. 141. were commanded not to persuade parishioners to come to their Churches, and to give them their Tithes. And the like is in Synodo Ticinensi, c. 16. q. 1. c. in Sacris Canonibus, against such that used to give away their Tithes, alijs Ecclesiis pro libitu.  
Animad. 6 First therefore, it appears such practice was condemned and sentenced with deprivation; and judged to be contrary to the Canons and God's Law, (Nay also with imprisonment, as Theodulphus Aurelianensis in his Epistle num. 14. doth declare, which is published with Hincmarus his Epistles by Busaeus.)  
Concerning which, observe the Law of Lambert the Emperor decreed in Concilio Mutinae, 
De Regno Italiae lib. 6.  Anno 898. as Sigonius doth relate. Si quis Sanctorum Patrum regulas contempserit, & gloriosissimorum Imperatorum Caroli, & Ludovici, atque Lotharij, & Ludovici filii eius de decimis in eorum Capitularibus statuta & sancita non obseruauerit, easque alibi nisi in Baptismalibus Ecclesiis absque consensu Episcopi dare temptaverit, vel retinere praesumpserit, & qui dat ijs, & qui recipit eisdem constitutis percellatur; If any shall despise the rules of holy Fathers, and not observe the ordinance and statutes of the glorious Emperors, Charles, and Lewis, and Lotharius, and Lewis his son concerning Tithes in their Capitularies, and shall dare to pay them to any, but to the Baptismal Churches without consent of the Bishop, or shall praesume to retain them, both he that gives, and he that receiveth them, shall undergo the same penalty. Although therefore it might be a practice, yet sure not of many, since the reason was so bad, and not in force, because so condemned.  
But yet in the First, that is the Capitular, Parochial payment is praesupposed and proved; so that there can be no consecration, though translation: for it seems by this, they thought, that as Tithes in general were due by distributive justice, so in special, to this or that place, they must be paid by commutatative justice, and therefore principally they forbade the solicitation to come to their Church, because from the partaking of their service, the performing of their Tithing to them would follow: which was prohibited, for that it proceeded out of a covetous and injurious mind to gain by others loss. As also in Concil. Cabilon. sub Carolo Magno, Can. 6. & 7. Those Priests are condemned, who out of covetousness, would persuade Lay men,  abrenunciantes seculo— res suas Ecclesiae conferant: That they would forsake the world, and give their estate to the Church. This Canon therefore, as some other constitutions, forbade the admitting of them to their Church. The capitulary, libr. 1. cap. 143. Not to admit any but their own Parishioners, unless journeying, or following suits of Law. And in the same book, cap. 154. That none shall sing Mass before, or receive Tithes of a stranger. Nay, in Concilio Nannetensi, C 1. to inquire if any stranger be in the Church at Service, and cast him out. By which I am persuaded, their care was to prevent the straggling humour of some than Puritan conceit, (whose persons and contributions are not at their own Churches) that so thereby the Parochial profit or credit might not be diminished. Ne occasio tribuatur evagandi, & Divina extra Parrochiam audiendi, say the Canonists: Lest occasion might be afforded of wandering or hearing Service out of their own Parish.  
Animad. 7 And in the Second, the Council of Pavia, 
The Canon is repeated ad pag. 72.  it appeareth manifestly, that the Bishop's disposition of them was before, though contemned by such irregular ungodly people. And they were but Quidam whom the Council censureth so sharply, and desireth the secular Magistrate to correct them. Small force therefore in such gifts, which were so condemned.  
But next, he proceedeth to examples of such consecrations out of Manuscript Chartularies in Thesauro Cottoniano; and first out of those of Vtrecht, in the time of the elder Pippin, Charles Martell, Carloman.  
Animad. 8 Where note, in their time were Tithes, yet such Tithes, as if I understand them rightly, are not De iure, but indeed voluntarily vouchsafed, namely a Tenth of the King's Custom in Slaves, in Lands, in Tolles, in Merchandise, or any such things; Vndecunque ad partem Regiam, fiscus Teloneum exigere, aut accipere videatur: From whatsoever the King's Exchequer, for his part may seem to receive or exact tollage. If this be not the sense, I profess my ignorance; but otherwise, sure it had allowance to the Bishop, who might give authority, and would, for the benefit of his Church, to translate them; or if Christianity there then began, to receive the profit of them.  
The next consecration in the same chartulary, is in the promise made to the Bishop by one Gutha, to endow a Church which he gave to Vtrecht, with the Tithes of divers manours; In Bevorhem tradidit Gutha Ecclesiam needum consecratam in ius & Dominium Sti. Martini, (To that Saint was the Church of Vtrecht consecrated,) eâ videlicet ratione, ut post consecrationem eiusdem Ecclesiae, Decimae darentur ad supra nominatam Ecclesiam de vill● his nominibus vocitatis, Bevorhem, Gisleshem, Hegginghem, Schupildhem: In Bevorhem Gutha delivered a Church not yet consecrated, into the possession of Saint martin's, on that condition, that after the consecration thereof, such Tithes of such villages might be given to the foresaid Church, etc.  
Animad. 9 These words cannot bear the sense which he gives, but plainly cross his intention, acknowledging the authority, not of him but the Bishop, to assign several Tithings to each Church. For he gives the Church, Ea videlicet ratione, upon that condition, ut darentur, That there might be given, not by him, but by the Bishop, such Tithing, to countenance his gifts: But if any should understand it otherwise, yet hence observe, upon consecration an endowment of Tithes doth follow; and that it was to a Bishop in his own Diocese, who no doubt consented.  
The Canons of this age were, that neither Patrons might give, nor Monasteries receive any such Tithes, without the consent of the Bishop, So Mogunt. Conc. sub Rabano, 
Can. 11. an. 834.  Ecclesiae antiquitus constitutae nec decimis nec alijs possessionibus pro novis Oratorijs sine consensu & Consilio Episcopali priventur. Churches anciently endowed, let them not be deprived of Tithes and other possessions, without the consent or advice of the Bishop. And the same Council Can. 14. Nullus Monachorum parochias Ecclesiarum recipere praesumat sine consensu Episcopi, Let no Monk dare to receive Parish Churches, without consent of the Bishop: 
Cap. 9 Addit. ad Conc. Later. sub Ale●. 3. part. 13. c. 14.  As after in the Council of Lateran under Alexander 3. And in Gratian: and such was the condition of Ivo, concerning the Monks their receiving of them; And the Titles whereby they enjoyed them, were vel proprij Episcopi licentia, vel Apostolicae sedis authoritate, as Paschal. 2. 
C. 16 q. 1. Plures Baptismales, Epist. 192.  16. q. 1. c. pervenit. And so Gregory the 7.  nullus Abbas Decimas & primitias & reliqua quae secundum Statuta Canonum ad Episcopos pertinent, detineat, sine authoritate Rom. Pontificis vel Episcopi in cuius Dioecesi habitat, Apostolica authoritate firmamus, We command by Apostolic authority; That no Abbot detain Tithes or first Fruits and such things, which by the Canons belong to the ordering of the Bishop, without the authority of the Pope or Bishop of the Diocese.  
Animad. 10 By which, the next two consecrations of Tithes in Banno villae Anno 852. & 946. to Monasteries may be known not to be Arbitratie, but by the consent of the Bishop (which by the use of the times I only conjecture, because I see not the Chartularies) and not of newly consecrated, but infeodate Tithes, because the words are Decimis quas habemus— quas habeo, showing a former enjoying: and observe it is not the Terris quas habeo, The Tithes which I have out of my lands in such a place, but simply: as after in the year 1120. Lewis king of France, gave a Church to the Church of S. Dennis, in these words, Ecclesias de Cergiaco sicut libere possidebamus cum Decimis & omnibus ad Ecclesiam pertinentibus Ecclesiae restituendo ipsis Sanctis Martyribus contulimus, We gave that Church which we did freely possess, restoring it to the Church, Quercetan in Abelard. pag. 1165. And to give consent, that Bishops were much inclinable, nay in the third Toledan Council, It was permitted. Can. 3. & 4. That maintenance from the Church, might be allowed to Monasteries: Yet so, Quod utilitatem non gravet Ecclesiae, That it may not be burdensome, to the profit of the Church: And even, that a parish Church might be granted to make a Monastery.  

P. 75.  But what I conjectured of the two former, is expressed in the next, which may show the manner of such gifts. Lewis the fourth, Anno 939. granting to the Monks of Clugny Tithes, Decimas indominicatas, etc.  
Animad. 11 But within nine years, there was a confirmation from Pope Agapetus the second, and after from Lucius the second, in whose time Adhemar the Bishop of Xantoigne, did by the words Damus and Concedimus, we give and grant, confirm the same; and challenged an authority to command, that none should within the precinct of that Abbey convey their Tithes to other Churches. But that is most sufficient, that in that very Charter of Lewis the fourth, in the very next words, There is concerning Churches and Tithes, this added. Sicut per privilegium Romanorum, & per scripta Episcoporum acquisierunt, teneant & possideant: As by the privilege of the Popes and writings of Bishops they have purchased, let them hold and enjoy. These show this grant to be only a confirmation, and not a prime Donation: The original conveyance being from Popes and Bishops: which also the venerable Abbot of that order, 
Lib. 1. Ep. 28. circamedium.  Peter, saith, Ecclesias & earum universa bona, ab Episcopis, absque vaenalitate nobis collata libere, justè, Canonicè possidemus: (An observable example of justification of the right of their enjoying) Churches and all the goods thereof, we do freely, justly, and Canonically hold collated to us by Bishops without Simony.  
The next is in the Abbey of Vendosme, of the Tithe of Salt-pits; the like whereof the Abbey had out of the same lands of the Bishop of Xantoigne, which although for 60. years they had enjoyed, yet the Bishop upon the opinion, that no Church lands were to pay Tithes to any Church would have withheld; but the Abbot Goffridus Vindocinensis pleads Parochial right; and his words are confessed to show a general practice of such payment.  
Animad. 12 By which, in regard it was of the Bishop's land, the Author is straightened in this Dilemma: Either the Bishop gave them, and so consented, which was the Canonical dispensation; or did not consent, and so Parochial right expected not a Donors' consecration? Both which, cross his opinion: And yet for these, besides that of Callixtus, the privilege of Vrban is produced; as also those of the Bishop's predecessors who gave them.  
Another consecration he allegeth, Anno 1124. 
Pag. 77.  And in stead of all others, which no doubt were most frequent, 
Epist. lib. 2. p. 435.  a confirmation of several Tithes in Innocent the 3. with reference to many other quotations.  
Animad. 13 But all these were by consent and confirmation of Bishops or Popes, for else of themselves they could not bestow them, as the same Innocent speaks c. Dudum Extr. de Decimis, speaking of Tithes, Donatores non conferre potuerunt alijs quae ipsi de iure non poterant possidere, The Donors could not bestow on others what they themselves could not lawfully enjoy.  
But Innocent the 3. in Serm. 3. the Dedicat. Templi. Tom 1. 
Pag. 78.  p. 83. saith it, where he doth reprehend such consecrations, which were very common and allowed in fact by the Pope and Ordinaries, as saith the Author.  
Animad. 14 In that Sermon of Innocent the 3. he will needs interpret Indigentibus, to signify in that place Monks; as if Innocent had pointed at the custom of consecration to Monasteries. The words are, Graviter peccant qui Decimas & Primitias non reddunt Sacerdotibus, sed eas pro voluntate sua distribuunt indigentibus: They grievously sin, who render not Tithes and First-fruits to the Priests, but distribute them as they list to the poor.  
Now, that this word must signify, not the Monks (though sometimes they were called pauperes) is evident, both by the circumstance of the place, which each man that reads may perceive: And by the phrases in this sentence, both where he saith, Graviter peccant, which because such consecrations were not yet in the Council restrained by him, he could not well have said: and again, the word distribuunt doth not savour of consecrations, but of voluntary, though sacrilegious bestowing of it. Again, the occasion of such reprehension surely was the same with that of his Decretal Epistle, cited pag. 144. 
Tom. 2. Episto. alarm. lib. 2. ●ag. 483.  of the archbishopric of Matera, where the lay-occupiers did use to divide their Tithes at their pleasure, and arbitrarily, one part to the Church, part to the poor, part to their kindred; where poor cannot signify Monks: Or with that other, where the complaint is, that some, 
Extr. de Detimis. c. Tuanobis.  De portione Fructuum— partem decimae separantes, eam Capellis suis, aut alijs Clericis, aut etiam pauperibus conferunt, vel in usus alios pro sua voluntate convertunt, Of the portion of their Fruits, severing part of the Tithes, they bestow it upon their Chapels, or their Clerks, or on the poor, or at their pleasure convert them to others use: And these poor are not Monks, why then the other? But lastly, since Monks could not receive Tithes at laymen's hand at the pleasure of them without consent of the Bishop, how can they be thought grievously to offend in giving that to Monks, which Monks could not receive; as elsewhere out of the Canons is showed? And by the way, he that here would have Indigentes to signify, not the lay-poore, but Monks; before, pag. 46. in the Testimony of john the Abbot in Cassian, will have pauperes only to signify, the lay-poore: Whereas Monks, of whom some were in Orders, are there principally understood, which besides the quotation of the Law of Moses, the very condition of his office, that he was an Abbot, might insinuate.  
But He proceeds and infers, that from the opinion of these arbitrary consecrations, such conceit was of prescription thence, and that amongst great men of the Clergy, That Tithes of increase long paid by a family were due, whither soever it was transplanted, as if the continual payment, had so for ever bound it, that it might not pay them otherwise. This was the opinion of some Bishops in the Patriarchate of Grado as we may see by the same Pope Innocent his reprehension of them. Decretal. Ep. lib. 1. pag. 83. and of others elsewhere also Extr. De paroch. cap. 5. significavit.  
Animad. 15 Hear, First, you see how He would prove a right from what was reprehended, and that in the opinion of the time.  
And, Secondly, in the first quotation only personal Tithes were claimed, not Tithes of praedial increase.  
Thirdly, the Antiquity of their claim even to Proavi, no newly created Tithes then.  
And Fourthly, not out of bounty but duty, for how else would they extorquere: All which He would willingly deny.  
But the words are plain, Quia Patres eorum & avi & Proavi decimas ipsis aliquando persoluerunt, Because their Fathers and Grandfathers and Great-grandfathers sometimes paid them Tithes: Which phrase is after repeated; Now persoluere doth praesuppose debitum not datum, a necessary payment, not arbitrary consecration; whereupon they did ground their prescription, upon which they so violently required and would have extorted Tithes.  
Animad. 16 But the other quotation Extr. de Paroch. c. 5. significavit, is wholly mistook, being for jurisdiction, not Tithes.  
Next, 
Pag. 79. Capit. lib. 5 cap. 49. Concil. Mogunt. c. 16. q. 7. c. 7. Leg. Longob. lib. 3. Tit. 3 cap. 8.  He proveth the practice of arbitrary consecrations, by the power they took of selling them, as by the phrase Redimere Decimas in divers Capitulars and Synods, de Decimis quas populus dare non vult, nisi quolibet modo aut munere ab ijs redimantur, Concerning Tithes, which the people will not give, unless by some means or gift they may be redeemed of them.  
Animad. 17 Where, First, is a plain reprehension, nay in all the quotations, besides the censure of the Church, and distress of the Magistrate, the appearing before the Emperor, was enjoined upon contumacy; whereas yet for the Parson by consent of the Bishops for to sell them was lawful, as lib. 7. cap. 152.  
And Secondly, these Tithes were Infeodations, and therefore being let might be expected to be redeemed, as after he confesseth the phrase Redimere, 
P. 3. q. 51. M. 6. Art. 4.  to signify in Alensis, and as in the justification of Charles Martels History I have showed.  
And Thirdly, hay must needs be usurpations, praesupposing still a former possession in the Clergy, for so is the sense of redimere, not only to purchase, but to redeem what was lost or left: 
Epict. 12.  so in Ivo the phrase is used Redimere— altaria, when laymen upon the death of the Parson who demised Tithes unto them, were feign Redimere altaria, To purchase the Church Revenue again: whereby the Chimaera of arbitrary consecration of Tithes, not already consecrated, which hereby, and from the former he would infer, is annihilated.  
But that they were before consecrated, every authority proveth, as we have observed in the particulars.  

Num. 3. Of Appropriations. Pag. 80.  Proceeding to show how lay-patrons did not only arbitrarily consecrate Tithes, which were not before consecrated, but even, in those that were, exercised a power of disposing by appropriation: He first proposeth, the original of parish Churches.  
And first, how Metropoliticke Sees, Patriarchates, Exarchates (in the Eastern Church) and bishoprics were limited, wherein his conjectures are in my understanding true; as also in that he saith, that bishoprics were anciently called Parochiae, which term was after confined to what our common language restrains: The Curates of which were appointed and sent by the Bishop, and received in their several Parishes the offerings of devout Christians, which were disposed of by the the Oeconomi Deacons, or other Officers thereto appointed under the Bishop (but by the Bishop) wherein at first, they had no such particular interest, but that either a quadripartite division, as in the Roman Diocese, To the Clergy, Poor, Reparation of Churches and Bishop: or tripartite or other division, as elsewhere, was made; which Curates were protected by some appointed by the State for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and Defensores: So far it seems to me not improbable.  
But when he talketh of Churches erected only upon the lands wherewith Bishoprics were endowed, 
P. 81.  because he cannot deny that the Bishop did then alone ordain Incumbents in every of them, and that for space of five hundred years, as if there were no Lay foundations:  
Animad. 18 This sure is not probable, 
Cap. 10. Can. 4. Videses Sidon. Apollin. de Simplicio, lib. 7. ep. 9  nay by the Council Arausicanum Anno 441. is proved false, Quod si etiam secularium quicunque aedificaverit Ecclesiam, But if also any Lay-man shall build a Church, etc. and Concil. Chalcedon. So that no question, Parish Oratories and Churches of Lay foundations were before that time, and might be understood by Pope Denis the first his Decretal: Although both in that time, and long after, the only Collation of such parish Churches, and election of the Incumbents wholly belonged to the Diocesan Bishops; at least wise their approbation:  
Neither at any time the Patron might collate as the Bishop had done, which next He proposeth.  
The Council of Laodicea saith it, 
Can. 15.  Non permittendum populo eligere: The people may not be suffered to elect. The forenamed Concilium Arausicanum is very direct against all, 
Can. 10.  be he Bishop or Lay that buildeth a Church, the Chaplain to be allowed by the Bishop of the Diocese; And after the 500 years, Concilium Aurelian. 4. Ann. 547.  in Oratorij, 
Can. 7.  Domini praediorum minime contra votum Episcopi ad quem Territorij ipsius privilegium noscitur pertinere, peregrinos Clericos intromittant, nisi forsitan quos probatos, ibidem districtio Pontificis observare praeceperat: That in their Oratories the Lords of the manours bring not in thither strange Clerks, against the mind of the Bishop, to whom the privilege of that Territory is known to belong, but such as the Bishop upon examination, hath commanded to serve there, 
Can. 25. & 26.  Toletanum 3. They enjoin Presbyteris in Parochiis ordinandis, ut habeant libellum officialem, & faciant professionem Episcopo: Priests to to be admitted to Parishes, that they have a book to direct them in discharging their office, and that they do make profession to the Bishop. But after, in Concil. Toletan. 9 for the Bishop's pride, 
Can. 2.  or negligence, in suffering the ruins of the Parish Churches, it was then permitted to the founders, for their life time,  Rectore● idoneos ijdem ipsi offerant Episcopis ordinandos: Quod si tales forte non inveniantur ab ijs, tunc quos Episcopus loci probaverit, Deo placitos sacris cultibus instituat, cum eorum conniventia seruituros: That they offer fit Rectors to be instituted by the Bishops: but if such be not found by them, then let the Bishop institute those who are worthy to serve there, by the consent of the Patron. Long before this was that Constitution by justinian; 
Novel. 123.  Si quis Oratorium exstruxerit, volueritque in eo promoveri Clericos, vel ipse, vel haeredes eius, si sumptus ipsi Clericis subministrent, & dignos nominaverint, nominati ordinantor; Sivero qui ab ipsis electi sunt, eos tanquam indignos ordinari sacri prohibebunt Canon's, tunc locorum sacratissimus Episcopus eos quos praestantiores putaverit, promovers curam agito: If any build an Oratory, and he or hls heirs would praeferre Clerks thereto, if he will maintain them, and present to the Bishop those which are worthy, let them be admitted: But if they that are chosen, are Canonically unworthy, let then the Bishop of that place take care to prefer them whom he shall judge to be more worthy. To these more might be added, which for the after-confutation, I reserve; whereby the right of investitures by Patrons in Parish Churches in those days, is denied, and the institution of the Bishop as upon presentation is proved.  

Pag. 83.  But he doth confess, that the Canons did ordain, that every Church, and the profits thereof should be subject to the Bishop's disposition, as to the only immediate Superior; and doth infer, that the Patron should be utterly excluded from all interest, which is most true: Yet he tells us of divers Lay Patrons in those elder times, which had, or at least challenged in the oblations received from Christian devotion, an interest like to what the Bishops more anciently had in the offerings made at Churches, wherein he only placed the Ministers. And for this he citeth the second Council at Braccara.  
Animad. 19 Where he that reads it wholly, shall find no challenge of a Patron, but the consent and composition of a Bishop, indeed to an abominable desire: concerning which, see before, Ad pag. 67.  
Animad. 20 Besides, he citeth the Epistle of Damasus, c. 10. q. 1. c. 15. where he calleth it a custom of the ancient times. But there Damasus speaks of Sacrilegious Lay men, not in particular of Patrons, not as challenging by foundations, which is his intention, but by strong hand.  
After, he cities to prove this, the 9 Council of Toledo, 
P. 84.  Can. 1. (where he hath dealt fraudulently, in the citing of the words which make no such sense) for saith he, And in the ninth Council of Toledo about the year 660. 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 the disposition of them.  
Animad. 21 Now in the first Canon of the said Council, for restraining of the Clergy from annexing the revenue due by the founder's dotation, to their own inheritance or Sees: it is permitted to the heirs and kindred of the founder of the Church to look to it, and if by admonition they cannot help it, then to proceed by accusation to the Bishop, and if he be guilty, to the Metropolitan, & if in case he do the like, to the King; Ipsis tamen haeredibus in eisdem rebus non liceat quasi juris proprij potestatem praeferre, etc. Yet let it not be lawful for the heirs to pretend as it were any right of propriety, etc.  
If the Quasi had not been concealed, and the new liberty of their intermeddling at all had been considered, no great pretence in those times to have been of the right of Lay patrons in disposition of them would have appeared. For they are not forbidden to use, but even to pretend as it were any right, whereas before this they could have no pretence, so much as to intermeddle.  
Then, in general he nameth, Imperial Capitularies, but citeth none wherein he acknowledgeth, that divers times provision was 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.  
Animad. 22 Concerning the offerings, this is false, no Capitular being against any such challenge of offerings, though for the Endowment, the Does, the Glebe, some patrons indeed might seem to have challenged it, as the Capitulars lib. 7. cap. 213. which he citeth also, & 368. do infer: where such challenge, Et in praeterito displicet, & in futuro prohibetur, Both for the present discontenteth us, and for the future we forbidden. And many Canons of that time have the like, Valentinum Galliae. c. 9 Wormatiens. c. 6. colonians. An. 887. c. 4. Mogunt. 888. c. 4.  
So that all his quotations in respect of Tithes are false. In the first, no challenge of right, but composition. In the se●ond, no challenge of patron, but of any other Sacrilegious. In the third, no challenge of Tithes or offerings, but of Temporalties.  

P. 85.  But although this challenge of offerings was abstained from, as the plainest part of Sacrilege, yet the interest of patronage, and a right of disposition of the Temporal Endowments, which the Lay founders challenged in their new erected Churches, which was a right of Collation and investiture, whereby the Incumbent might receive full possession without aid of Bishop or other Church man, could not be so easily gotten from them; although some imperials were provided against it, and of them he citeth only the Capitular. lib. 7. cap. 213.  
Animad. 23 But since upon the consecration of the Church, such endowment was consecrated by the Patron, and by his Charter delivered up to the Bishop, together with the Subjection of the said Church, 
Can. 5.  as in the second Council of Braccara it appeareth, where the words are, Placuit ut quoties ab aliquo fidelium ad consecrandas Ecclesias Episcopi invitantur, unusquisque Episcoporum meminerit, ut non prius dedicet Ecclesiam, nisi ante dotem Basilicae & obsequium ipsius per donationem Chartulae accipiat; It is our will, that as oft as Bishops are invited by any to consecrate Churches, that every Bishop remember that he do not consecrate the Church, before that he receive by Charter of the Founder, the dowry and the subjection thereof; whereof also S. Gregory speaketh, and Concil. Aurelian. 4. 
Epist. lib. 12. cap. 10. Can. 33.  with others. Why then should they intermeddle in the disposition of them? well therefore did the Capitularies cited by him provide against it, citing an old Constitution: nor they only, but the councils before cited of that time. But as for patronage (which he would confound with the disposition of Temporal Endowment) it being a right of nomination and presentation, not only to the Temporal Endowment here spoken of, namely, the Does Ecclesiae given by the Founder, the colonica Vestita cum tribus Mancipijs, as Concilium Valentinum sub Lothario Imperat. called it; 
Cap. 9  But even to the Tithes and Oblations also which he would not distinguish) this was not by way of investiture and Collation either challenged or allowed: But they usually presented their Clerks to the Bishop, as in the Council and Novel fore-cited, Ad pag. 82. they are commanded, and the contrary offenders were severally censured. Which may also appear by the capitulary, 
Lib. 5. cap. 178.  De Clericis Laicorum unde nonnulli eorum conqueri videntur, eo quod quidam Episcopi ad eorum preces, nolint in Ecclesiis suis eos, cum utiles sint, ordinare, visum nobis fuit, ut in utrisque partibus pax & concordia servetur, & cum charitate. & ratione utiles, & idonei eligantur; Et si Laicus Idoneum utilemque Clericum obtulerit, nulla qualibet occasione ab Episcopo sine certa ratione repellatur, & si reijciendus est propter scandalum vitandum, evidenti ratione manifestetur: Concerning the Clerks of Lay-Patrons, many of them seem to complain, that some Bishops at their entreaty, would not admit them, though worthy, into their own Churches: It seems good therefore to us, that on both parts peace may be kept, and with love and reason the profitable and fit may be chosen: And if the Lay-patron present a worthy Clerk, he may not be repelled without good reason; and if he be to be repelled, for avoiding scandal, let the reason be evidently manifested: 
Lib. 1. cap. 22.  which is related in the Council at Paris, an. 829. Is not this ordination the now-Institution, not the Lay-Inuestiture? Which they that did not observe, were censured in Rescript of Charlemagne in Vitus Edition: 
Pag. 311.  Praesumptio non modica, ita ut Presbyteros, nequissima temeritate praesentari Episcopo denegetis, insuper & aliorum Clericos usurpare non pertimescitis; & absque consensu Episcopi in vestras Ecclesias mittere audoatis: It is no small presumption, that ye deny through most ungodly rashness, to present your Priests to the Bishops, and that you farther fear not to take others Clerks, and to dare to put them into your Churches: as also, in Concil. Arelatens. sub Carolo Mag. c. 4. Turonens. 3. sub eodem, c. 15. Cabilonens. sub eodem, c. 42. Moguntin. sub eodem, cap. 29. Meldens. c. 51. & 52. Wormatiens. cap. 8. and some others before mentioned, wherein divers censures are threatened against such usurpations: beside, the Act of Vlrique after showeth the use of these Times.  

Pag. 85.  The Patron did take upon him the Advocates and Defensors office of the Church-title: So he.  
Animad. 24 But as before, Defensores Ecclesiarum ab Imperatore fuerunt postulati: The Emperors were requested to grant Advocates for bishoprics; as in many Counsels; so at that time it appears, that the Bishop did not confirm only, but commend the Aduocateship of the Church to the Patron: For so in the words of that Anonymus writer in the life of Saint Vlrique Bishop of Auspurg, 
Cap. 7. Pag. 86.  where (as the Author citeth) he saith, Consecratione peracta, doteque contradita, comprobato illic Presbytero, Altar is procurationem commendavit, & Ecclesiae advocationem firmiter legitimo haeredi panno imposito commendavit: The consecration being ended, and the Dowry delivered up to the Priest, whom he had there approved, he committed the charge of the Altar, and conferred the Advocation of the Church firmly on the lawful heir, by putting on him a rob. An excellent pattern of the use of these times, by which all the fabric of this new Historians invention of challenges is destroyed. If the Bishop gave the Dowry delivered to him by the Patron, as afore; then why a challenge of the Patrons disposing of that in the Church, which the Church had not by him? If he approved the Priest, and committed the care of the Altar to him, then why a challenge of investitures? And if the Bishop gave the advocation of the Church, why a challenge of taking it as without him? Hear Hincmarus, 
In Dialog. de Statu Ecclesiae p. 651.  Sancta Ecclesia per sanctos Sacerdotes elegit sibi in singulis Ecclesiis, Vicedominos, Aduocatos, Defensores, & caeteros adiutores, etc. Holy Church by holy Bishops hath chosen herself in each Church, Vidames, Advocates, Defenders, and other helpers.  
But that they used such Collation and investiture (investiture being only the giving of Seisin and Possession, 
Pag. 86.  as Ivo is cited for Epist. 41. & passim) with these words, Accipe Ecclesiam, Take the Church, or such like, as P. Damianus lib. 1. epist. 13. Whereby without Institution, the Incumbent, as really, as fully, and as immediately received the body of his Church, his Glebe, and Tithes, in point of Interest from the Patron's hands, as a Lessee for life receives his lands by the Lessors livery: this next He intends to prove.  
Animad. 25 Yet in that parenthesis nothing almost is true, 
Ep. 60. & alibi.  for neither that quotation of Ivo is true, though elsewhere in deed, he grant investiture to be a granting. Quae concessio sive fiat manu sive nutu, sive lingua, sive virga, quid refert cum reges nihil se spirituale dare intendant, sed tantum aut votis petentium annuere, villas Ecclesiasticas, aut alia bona exteriora, (quae de Munificentia aut Regum obtinent Ecclesiae ipsis Electis concedere.) Which granting, whether it be by hand, or beck, or tongue, or rod, what difference, since Kings intent not to give that which is spiritual, but only either consent to others petitions or grant to those that are chosen, Church-Farmes, or other possession which the Church hath by the bounty of Kings. Nay in another place saith, 
Ep. 95.  Leges nequaquam appellant investituram concessionis, sed possessionis, The Laws do not call it an investiture of Concession, but of possession, which is less. But this investiture is not such as He would claim; In this, the election being granted to the Clergy; but he without institution, nay allowance of the Bishop, would have this investiture of parish Churches; these therefore are not alike. Neither was that great question (in which, Scissum Regnum & Sacerdotium, 
Ivo Ep. 214.  quibus tanquam principalibus & fortioribus paxillis Tabernaculi Dei status firmiter figebatur, The Kingdom and Priesthood were rend, upon which as two principal props, the State of the Tabernacle was fixed) other then at first about the investiture of bishoprics and Abbeys. Wherein, what through the challenge, jure Maiestatis & publicae defensionis, By the prerogative of Majesty and public defence: or, jure populi repraesentati in Rege, the right of the people repraesented in the King, which people formerly had interest in the choice of their spiritual Governor: or, ex concessione Paparum Leonis 3. & Adriani 1. by the grant of Pope Leo 3. and Adrian 1. the Emperors claimed a right in the promotion and concession of such places, whereunto the Devotion of their Ancestors had annexed great Temporal endowments: which, how mainly by the Popes it was opposed, and by most Writers (since forsooth for their labour Sainted) railed upon and contradicted, the Stories are too full. Yet, how some others wisely praeferring the peace of the Church before the privilege, willingly received the honours; and some even publicly defended the right; the History of that time may testify. But after, the contention grew concerning the Collation of parish Churches; especially in this kingdom, as the Epistles in the third book, amongst those of Anselmes', of his own and of others can witness, and many of joannes Sarisburiensis.  
Animad. 26 But to return to the Parenthesis, as the quotation of Ivo was false, so that of P. Damianus for the quotation is true. Yet in the same Epistle saith that author, Licet iniustè aliquo modo Ecclesias futuris rectoribus tradunt, Although unjustly in a sort they give the Churches to the Rectors that shall be, speaking of Lay Princes: whereby both the right in his opinion, by the word Iniustè, unjustly; and the denying of his adverb, that the Incumbent did fully receive the in●erest, is contradicted by aliquo modo, in some sort; because Ordination must follow upon such title: In which the approbation of the Bishop was so necessary, that upon Canonical exceptions, he might hinder the capableness of such Lay investiture; 
C. Monast. 16. q. 7.  for therefore it must be, cum consensu Episcopi, ne malus existat, with consent of the Bishop, lest he be nought.  
But whereas he compareth the conveyance, as from a Lessour, to a Lessee for life, by livery: 
P. 87.   
Animad. 27 I was persuaded, the common Law had accounted the estate of an Incumbent in his Cure, to be a Fee simple, and not like an estate by Lease, which usually (I think) hath covenants, whereby upon default, either the demise, or some penalty may revert to the Lessor. But howsoever, the Gloss of the Canon Law hath made the comparison otherwise, even in the C. Monasterium before cited, (and after by him) where it saith, Episcopus invito Patrono, non potest de Ecclesia facere Monasterium— sic nec Dominus rei potest usum rei immutare etiam in melius, invito usufructuario: The Bishop cannot make a Church to be a Monastery against the Patrons will, as a Landlord cannot change the propriety of any thing though for the better, without consent of the Lessee. Where the Patron is compared to a Lessee.  
To proceed, the use of such Collations and Liveries, he strives to prove by the phrase Commendare, in some Capitulars, and in that former, Cap. Monasterium.  
Animad. 28 In the capitulary, the first quoted, Libr. 5. cap. 83. The words are,  Laici omnino muner a iniustè non exigant à Presbyteris, propter commendationem Ecclesiae cuique Presbytero: That Lay men do not at all unjustly exact reward of Priests, for the commendation of the Church to any Priest. But he that shall conceive the very next Capitul. before, cannot suppose his sense, 
Lib. 5. c. 84.   Laici Presbyteros non eijciant de Ecclesiis, neque constituant sine consensu Episcoporum suorum: That Lay men eject not Priests out of the Churches, nor appoint any there without consent of their Bishops, where approbation and consent of the Bishop is required, and that very likely upon praesentation of the person unto him, as before out of another Capitul. in the same book, 
C. 178.  and our of the Council of Paris is noted: for being presented to the Bishop, Institution without Canonical exception must ensue.  
Animad. 29 The next quotation, Add. 4. ad Capit. cap. 37. is a needless quotation, not having so much as the word Commendare; and the Capitular doth fully cross his opinion. Multi contra Canonum constituta, sic Ecclesias quas aedificarunt, postulant cons●crari, ut dotem quam ei Ecclesiae contulerint, censeant ad Episcopi ordinationem non pertinere, sed ea secundùm constitutionem antiquam ad Episcopi ordinationem & potestatem pertineant: Many against the Decrees of Canons, do in such sort desire the Churches they built, to be cosecrated; that the dowry which they have bestowed on the Church, they suppose doth not belong to the ordering of the Bishop: But according to an old Constitution, let them belong to the ordering and power of the Bishop.  
Animad. 30 The last Cap. Monaster. c. 16. q. 7. is against his opinion, Liceat illi Presbytero cui volverit, pro sacro officio illius Dioecesis, cum consensu Episcopi, ne malus existat, commendare: Let him commend it to any Priest whom he will, with consent of the Bishop, 
In vita Leonis. 4.  lest he be nought: and as the Author, De vitis Pontificum, attributed to Luithprandus, addeth to the Canon, Ita ut ad placitam & iustam reverentiam illius Episcopi obedienter Sacerdos recurrat: So that he may obey his Ordinary. Where observe, that although he be Presbyter and Sacerdos, yet the consent of the Bishop is necessary.  
Animad. 31 By which is confuted his next passage, to prove the Bishop to have nothing to do, 
Pag. 88  but only to order the Incumbent: For, saith he; A Priest being first ordered, might after be placed at the Patron's pleasure, to whom as to a Tenant he resigned: For which are cited, Capit. lib. 6. c. 197. & lib. 7. c. 173.  
And yet he relates the old ceremony of Ordination, wherein special expression was made of the Title of the Church, to which he was then to be promoted, and in which that he always would remain, he made promise before his Ordination, as appears by the capitulary, Libr. 5. c. 108. Presbyteri qui in Titulis consecrantur secundùm Canon's, antequam ordinentur, promissionem stabilitatis loci illius faciant: Priests that are preferred to Titles, according to the Canons, before they be ordered, let them make promise of continuance in that place; which they that did not perform but went to other Churches, were excommunicate until they returned; and if another were instituted there before, he that had left his Church, Sacerdotij vacabat dignitate, was degraded, until his Successor died, as the second quotation cap. lib. 7. c. 173. doth declare. This being so heavy a censure, it is not likely there was any use to the contrary. It was so odious a thing then, to leave his first Church, that as Papirius Masonius attributeth all that unchristian usage towards Pope Formosus by his successor, 
Lib. De Episcop. urbis in vita.  only for that he first against the Canons, did leave the Bishopric of Portua for the Popedom, as in the life of Formosus: So to any that should be a forsaker of his first Church, divers censures were very grievous, whereof although the Lay men might be careless, yet the Clerks neither durst nor were; none being received to other Dioceses, sine literis commendatitijs, without letters dimissory, and in the same Diocese such were not suffered. And against them were the other Capitulars mentioned lib. 5. cap. 26.43.82. to which an infinite number of Canons (whereof some before are quoted) might be added, 
Pag 89.  which that they were little obeyed, showeth little religious reverence, and small authority, to countenance so strange an opinion concerning those times.  
But secondly, 
P. 89.  he endeavoureth to prove the use of Collation in lay Patrons, for that the advowson of the Church, descending in Coparcenerie the Church had as many Incumbents as Patrons, Singulae Partes singulos habebant Presbyteros, Each part had a special Priest, each giving interest in a part, as in all other inheritance descended unto them. For this Addit. 3. ad capit. c. 25. & Concil. Lateran. sub. Alex. 3. cap. 17. & Appendix ad Idem Concil. p. 15. c. 7. are quoted.  
Animad. 32 For the interpretation of the first of these quotations, That Capit. made in the 16. year of Charlemaine's reign, in Vitus Edition. p. 323. inter Leges Longobard. lib. 3. tit. 1. cap. 44. may give some light, De Ecclesiis quae inter haeredes divisae sunt, consideratum est, quatenus si secundum providentiam & admonitionem Episcopi, ipsi cohaeredes eas volverint tenere & honorare, faciant. Sin autem haec contradixerint, ut Episcopus potestatem teneat utrum eas ita consistere permittat aut reliquias inde auferat, Concerning Churches which are divided amongst heirs, it is decreed, that if the coheirs after the counsel and admonition of the Bishop will hold and honour it, let them do it: But if they deny it, let the Bishop choose, whether he will permit it, or by taking away the relics, vnhallow the Church: which I understand, if they will not present one, let it be at the Bishop's choice, etc. But the Council at Tribure better expresseth the case c. 32. Quaecunque Ecclesia à compluribus cohaeredibus sit obsessa, concordi unanimitate undique procuretur, ne propter aliquas disceptationes seruitium Dei minuatur, & cura populi inreligiosè agatur: Si vero contingat pro ea comparticipes dissidere, & sub uno Presbytero nolle eam procurare, & propterea iurgia & contentiones tam inter ipsos quam inter Clericos incipiant frequentare;— Episcopus tollat inde reliquias— atque eiusdem Ecclesiae claudat Ostia, & sub sigillo consignet ea, ut Sacrum ministerium nullus celebret in ea, antequam concordi unanimitate unum omnes eligant Presbyterum, qui seruiens scit Sacro-Sanctum locum procurare, & populo Dei utiliter praeesse. Hanc autem habeant authoritatem Episcopi, ut in nullis Ecclesiis nec constituantur Presbyteri, nec expellantur illis inconsultis & non consentientibus. What Church soever is encumbered by many coheirs, by all means in peace & concord, let it be ordered, that for any such debates the service of God be not diminished, and the care of the people be not irreligiously performed. If it happen the Copartners to disagree, and that they will not put one in it, and thereout brawls and contentions both between themselves and their Clerks begin to increase: Let the Bishop take away the relics, and shut up the door of the Church and seal it, that none say service in it, before they be agreed jointly to choose one, who may discharge the service, and profitably be over the people of God. But let the Bishops have that authority, that in no Churches, neither Priests be admitted, or from them be expelled, without the advice and consent of the Bishop, etc. Out of which appeareth, the case to be tumultuary, wherein the providence and admonition of the Bishop, was to be used to bring in one Priest Canonically, and that was by his approbation, as before: or his authority to vnhallow the Church, and seal up the doors, whereby all the Patrons right might be evacuate for the present.  
Animad. 33 The other two quotations plainly may declare the use of the former, and that to be even quite contrary to his opinion: For both c. 17. Lateran. sub Alex. 3. doth express the several presentations to the Bishop, Cum una Ecclesia unius debeat esse Rectoris pro sua defensione plurimos repraesentent, Whereas one Church should have but one Incumbent, by reason of their Patronage they present many: Whereby his argument of investiture is fallified, against which the whole Council is most opposite.  
Animad. 34 And the other in the Addition part. 15. cap. 7. saith, Episcopus investivit, The Bishop did invest them, at the presentment of an Earl of Hereford: and that is not a case of Coparceverie, but such as for case, A. marrying B. hath by B. the Patronage of the Church C. which Church by the Bishop's consent is given to a Monastery, B. being divorced from A. is married to D. D. and B. would divest the Monastery, and interest the Parson without consent; nay D. dying, B. married to E. and would maintain the Parson's right, and so upon change of the Patrons, change the possessor. This case is not like, yet neither the Monastery nor Parson were interessed by Lay investiture.  
Animad. 35 From the Patronage, though no such challenge of investiture, it may be, those Droicts Honorisiques' des Signior es Esglises, as precedences, seats, etc. did proceed, as he seems to express them pag. 394. or from the old infeudations.  

Pag. 90.  But he saith, from investiture came the custom remaining in divers places, especially in France, whereby the Incumbent hath not for himself above a small part of the Tithes, à Canonica portio, at the arbitrary disposition of some spiritual Patron, who take the rest to his own use, and for this citeth Extr. Tit. de praebendis, c. 30. & de jure patronatus cap. 25. & Sext. Tit. de Praebendis, c. 1. suscepti.  
Animad. 36 But observe the falsehood of the Author; neither quotation of the Decretals mention or intend the claim of any spiritual Patron; But in the first, Extr. de Praebendis c. 30. Extirpandae, from the reason of the Apostle, he disproves the custom, saying, Consuetudine qualibet Episcopi, vel Patroni, vel cuiuslibet alterius non obstante, Any custom of Bishop or Patron, or of any other notwithstanding. Where Episcopus and Patronus are distinguished. And in the 2. Extr. de jure patronatus cap. 23. praeterea. That is absolutely of Lay-patrons or Advocates, or Vidames, or Guardians, who are commanded, ut nihil in ipsis Ecclesiis praeter antiquos & moderatos redditus à locorum Episcopis institutos exigerent: That they should not exact from the Church any thing but the ancient moderate revenue, instituted by the Ordinaries. Where observe, that not by the patronage, but by allowance and ordination of the Ordinary they had any right; with what confidence therefore are falsities produced?  
But in deed in sexto Tit. de Praeb. c. suscepti: There, some exempt Religious in their Approbations, which they had not pleno iure, but were presentable by them, what by the negligence of the Bishop, not requiring the assignation of a competency at the Institution of the Clerk; as also through the covetousness of themselves, did assign too insufficient means to their Curates. Wherefore Clement the 3. conceiving, how by this means no worthy persons would accept such Cures to the damage of souls; he doth strictly decree and command, that neither their Exemption, nor any custom of any other religious Patrons notwithstanding, the Bishop should interpose his authority, to enforce the assignation of a competency. This custom therefore, as condemned upon such reason, did likely cease. But observe, this to be in Appropriations, for as such the Religious had them; so that they were more than Patrons.  
But, this he made his transition to deny the Bishop's authority to dispose of all Tithes in these middle times, as some falsely say (although many Canons did) but the practice of the time was contrary, saith he.  
Animad. 73 In Tithes where Parochial right was not settled, as also in Tithes de Novalibus, of new Improvements by culture not assigned, may appear, 
P. vlt. c. 40.  Addition. ad Concil. Later. and himself confesseth, for the practice, that they did belong to the Bishop; and no more did any Canons require for the absolute interest of the Bishop: but for the jurisdiction and necessary consent in any voluntary conveyance of them by any, the Canons were in general as the practice: and the particular of the Archbishop of Saltzburg was of Tithes, which were not Parochially settled, 
Pag. 102.  as himself afterward proveth, out of Greg. 7. Regist. lib. 2. epist. 77. So that therein he had authority to allot what part he would as Ordinary, not as Patron.  
Concerning investiture, he addeth, that it was, 
Pag. 91.  not only in bestowing parish Churches, but in Monasteries and Bishoprics the like was: but the increasing power of the Clergy took it away wholly in lesser Churches (saving, that in Collation of free Chapels, Prebends, or other Benefices, without parochial Cure, according to the Droict de Regale of the Kings of England and France especially) and altered it in Bishoprics.  
Animad. 38 That the Challenge of investiture was in bishoprics and Monasteries, as well as parish Churches, is true, nay first and chief; for in those times wherein was no investitures of parish Churches, the Popedom and Patriarchates by the consent of the Emperor were disposed; Nay in St. Gregory's time (until Constantinus Pogonatus remitted it to Pope Agatho) there was money paid for the ordination of the Pope to the Emperors. 
Papyrius Masson. in Agathone. Pag 312. Pag. 417. Ep. ●. & 4. & 8. & 21. & 91.  And as for bishoprics; in France, in the time of Agobardus, who pointeth at it, and Florus added to his works, where they both reprehend the use.  
But Fulbertus he acknowledgeth it, St. Wulstans' investiture by Edward the Confessor in England, is miraculous in Matth. Paris: And this custom, without alteration that may impair the prerogative of the King, even still continueth: There preceded a Congè de Estire, 
Ep. 282.  whereof St. Bernard speaketh before Election: 
Ep. 52.  and Thomas Becket amongst joan. Sarisburiensis his Epistles, commands the Chapter, Honesta Legatione de Collegio vestro transmissa, & praeces ei devotione debita porrigentes, ut Canonicè eligendi vobis pastorem, libertatem concedat. By some worthy messengers of your company to send, and in all due reverence to entreat, that the King would grant you Canonically a liberty to Elect your Pastor. And, in the Election, potissimas & potentissimas habet parts, he hath the chief stroke, 
Ep. 66.  as P. Blesensis: And after the Election, his Royal assent, 
Ep. 292.295.297. Lib. 1. ep. 29.  as Sarisburiensis, is required; and after that, the restoring of the Temporalties, which P. Cluniacensis doth thus express, Rex Franciae Electum Lingonensem, (quem quantum in ipso erat confirmari Canonici rogaverunt) de Regalibus sicut fieri solet manu propria solemniter investivit, The King of France did solemnly, as the manner is, with his own hand restore the Temporalties to the Elect of Lions, whom the Canons of that Church did desire to be confirmed, what lay in them. And St. Bernard (I think concerning the same action) Electus Lugdunensis petijt, 
Ep. 164.  & obtinuit à Rege Regalium Inuestituram, The Elect of Lions desired, and obtained of the King the investiture of the Royalties. And all these remain yet unaltered; no more being ever anciently required in a regular course. The investiture principally being accounted the last action by several ceremonies, 
Serm. 1. de coena Domini.  as St. Bernard distinguisheth them, Inuestitur Canonicus per librum, Ablas per Annulum, Episcopus per Baculum & Annulum simul. A Canon is Invested by a book, An Abbot by a Ring, a Bishop, by a Staff and Ring together. As for Free Chapels, Praehends, and Benefices without cure, I have read nothing, only P. Blesensis saith, concerning the deanery of Vulrehanitin, 
Now Woluerhampton. Ep. 152.  Quem Decanatum semper de consuetudine Reges Angliae donavere: Which deanery always of custom the Kings of England have given. But to leave this digression,  
The Author saith, The substance of these investitures was forbidden in the 8. General Council.  
Animad. 39 But Ivo well understanding the nature of investiture, saith, Octava Synodus solum prohibet eos interesse electioni, 
Ep. 65.  non concessioni: The 8. Council only forbids their interest in the election, not in the concession; which concession was the substance of investiture, as he there saith: and so also doth he expound the meaning of the Council, Ep. 102. But Gregory 7. and his successors denied this also, as the history doth manifest. And besides the investiture of Parochial Churches, (which upon the pretence of being Advocates, many Patrons did then challenge after the year 1000 for before I read of none) was denied by him and his successors, as in the Counsels cited under Gregor. 7. Callixtus 2. and Innocent 3.  
Yet this challenge may seem but rarely made, 
P. 92.  for lack of Priests without titles, and the want of opportunity of Resignations into their hand.  
Animad. 40 Both which, for that by the Canons they were so strictly forbidden, as he confesseth, it is not likely that the Bishops in ordering such, or the Priests in resigning to Lay men, were so frequent, since the Canonical censures were so immediately over them. But yet suppose both, it was not lawful, that they might invest one though in Orders, to any Benefice, without the consent, much more, 
Ad. p. 87.  the notice of the Bishop, as before I have showed, etc. And the Council Nannetens. proposeth the case, 
c. 1.6.   si quilibet Presbyterorum— defunctus fuerit, vicinus Presbyter apud secularem Seniorem nulla precatione vel aliquo xenio Ecclesiam illam obtineat, 
Forte cui.  quia titulus per se antea constans extitit, sed neque Capellam sine consultu Episcopi: Quod si fecerit, definitam sententiam sibi prolatam suscipiat, sicuti de Episcopo Canonica decrevit authoritas, ut si per ambitionem maiorem civitatem appetierit, & illam perdat quam tenuit, & illam nequ●quam obtineat, quam usurpare tentavit: That if any Priest dying, his neighbour Priest do by any gift or entreaty obtain that Church of a secular Lord, who before had a settled Cure; but not so much as a Chapel without consent of the Bishop: which if he do, let him undergo the same censure, which the Canons have decreed for a Bishop, that through ambition desireth a greater See, that he lose what he had, neither obtain that Diocese, which he assayed to usurp. It is likely therefore, that not much practice of such investiture was until the end of these 400. years; wherein that controversy grew very pernicious to the Empire, and France, and this our kingdom, while the question, An investitura sit haeresis, whether investiture were an heresy? troubled some of the learned, as in Ivo his Epistles, and others of Goffridus Vindocinensis, is evident: And others, whether investitures were lawful? as Walthram, the Clergy of Liege, Sigebertus, etc. and their adversaries.  

P. 93.  But to follow him, he saith, Not until about the end of these 400. years, Institutions upon Praesentations were not before commonly practised, especially in the case of Lay Patrons, for which he citeth, Concil. Lat. sub. Alex. 3. c. 9 &. 14. Extr. De iure Patronatus, c. 4.10.21. & Tit. de Institut. c. 3. & Tit. de praebend. cap. 3. In Lateranensi: which he saith, makes that appear.  
Animad 41 But he that remembreth the Canons, and Capitul. before cited, 
Ad p. 83.  cannot think, that Institutions by the Bishop for the substance, to wit, the notice and approbation of the party upon praesentation to be so new, neither do those Canons make it otherwise appear, but rather judge the contrary practice of any to be indeed usurpatious upon the regular and lawful course, which was by institution; and they are censured in his own quotations to be, Tantae audaciae, of such boldness, Tit. De jure patr. c. praeterea; and the action, De quibus paenitentia ducti ipsi patroni, which the Patrons repent of Ibidem c. cum Laici; and they are styled, praesumentes, presumptuous. c. Relatum. the Action Nulla, void: the custom iniqua consuetudo, an unjust perverse custom. Tit. de Institut. cap. Ex fide: And the rest of the quotations, show them but irregularities, and therefore not commonly practised.  
He proceedeth to say, that in Appropriations, 
P. 94.  there did pass not only the Title, but all Endowments, the Glebe and Tithe, but were made parochial, by grant, foundation, or custom.  
Animad. 42 Especially that Title of grant, if he suppose it taken immediately from the Patron, is false as before, for it is proved to be granted by the Bishop.  
And again in that he saith, In some Appropriations by provision of the Patron, or at their own pleasure they might present or not. This cannot be showed without that exemption by the Bishop, to whom alone it belonged to give a Church to be enjoyed Pleno jure, as afterwards.  
In this passage, He presupposeth in Appropriations, the only authority of the Patron; But that he cannot prove.  
The maintenance of the Vicar, 
P. 95.  was at the bounty of the Monasteries allowance.  
Animad. 43 It was not: in all Appropriations almost, the Bishop reserved this authority of allotting a competent maintenance to the Vicar, which upon the complaint of the Vicar, by ordinations and compositions he did usually put in practice, and as further need was, did increase: examples are infinite.  
In those that were conveyed Pleno jure, the Monastery had institution and destitution, and the profit.  
Animad. 44 The interpretation of pleno iure, and non pleno iure, I leave to the Canonists, it being nothing belonging to my profession; which yet in regard it cannot be proved, but that all Appropriations were by consent and authority of the Pope or Bishop, doth nothing make for his intention, But of that hereafter; Only add this out of Lindwood, Religiosi non possunt habere potestatem inst●tuendi & suspendendi authorizabili●er, sed ut vicem gerentes Episcopi, Monks cannot have power of institution and suspension with authority, but as the Bishop's Vicegerents. Tit. de locat. & conduct. cap. licet Bonae. V Asserunt non ligare. And so this privilege to have it pleno iure can be only from the Bishop.  

P. 98.  That some Patrons gave the profits and reserved the patronage, may be true.  
That the Church Glebe, and Tithe passed equally by way of interest to the Monasteries, is true, so that they might officiate them themselves by some Monks received into orders, as some did.  

P. 99  That Tithes were given, the Church still remaining presentable, is most true and most frequent.  
Animad. 45 Yet not by Patron's provision, but by ordinary and Canonical right, for so doth Innocent confirm that Charter cited to Saint Germans in Auxerres, salva Diocesani Canonica justitia, The Canonical right being reserved to the Diocesan.  
But now he cometh to that which must answer all he can say, to prove that the confirmations of Popes and Bishops did add no validity in secular or common Law then practised, but were gotten by Monks to satisfy the Canons.  
Animad. 46 Hear he shifts, and when he cannot deny the validity of such confirmations in the Ecclesiastical Court, which hath the proper cognisance of such conveyance, witness many Titles of the decretals, and himself afterwards; Yet now he would demand validity of such in secular and common Law, where as yet he hath showed, even no practice of common Law to deny it.  

Pag. 100 101. 102, etc.  That the Bishops of Germany, and some more Northern, had from the beginning of Christianity, the right of all tithing through their Dioceses, and therefore might appropriate what they list, is true.  
Animad. 47 Whereby, both the even age, and right, and practise of Christianity with tithing, is manifest, and the authority of Bishops in disposing them doth appear: Whereas he would make tithing voluntary in the Original, and at the dispose namely of the Patrons, only upon the foundation of a Church; whereas now he confesseth, they were all due to the Bishop from whom, without his consent, how could any thing be restrained to a particular place? And further, since these first were in the Bishops, who were the true and immediate Parochial ministering Rectors (as he phraseth it) all Donations by them to Monasteries, cannot be adjudged in those Monasteries to be newly created Tithes; which yet he doth often intimate.  
For conclusion of investitures and Appropriations (wherein his error is in the authority of conveying Tithes) now he would by the practice of the time divest the Clergy of the sole right of claim to them; for, 
Pag. 106.  saith he) The Tithes of LX. or LXXX. or more Parishes, were by those courses annexed sometime to one Monastery, which the Head and Covent possessed, not as any part, or 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. These, to be given to aliens, was complained of in Edward the 3. time: And other particulur Orders were blamed therefore as in that of the Cluniacenses, as P. Cluniac. lib. 1. epist. 28. and johan. Sarisburiensis, de Nugis Curial. lib. 7. cap. 21.  
Animad. 48 Such appropriations to Monasteries, although they be not excusable, and by many others are complained of, as by Hugo Pontiniacensis, and S. Bernard in an Epistle after those of Ivo, and by Stephanus Tornacensis, P. Blesensis, 
Epist. 74. Epist 82. Epist. 102. Epist. 192.  and in the person of the Abbot of Redding: besides those scrupulous Monks in Ivo; by Petrus de Alliaco, though a Cardinal and a schoolman , in his book De Reformatione Ecclesiae, cap. De Reformatione Religionum & Religiosorum.  
Yet they might pretend excuse, partly because they acknowledged it no due, but charity: for so in Ivo in the Epistle last quoted, Lege charitatis, By the law of charity; and,  charitatiuè sustententur, that they may be charitably relieved, as P. Cluniacensis in the Epist. quoted, 
De Sacramentis, lib. 2. part. 9 cap. 10.  and indulgentia, non debitum, favour, no due, as Hugo de Sanct. Victor. may import.  
And because they were accounted a part of the Clergy, for so saith Pope Alexander, 
In Addit. ad Concil. Later. p. 13. c. 3. Ibid, cap. 9 cap. 10. P. 3. q. 5. M. 6. Art. 2.  and Gregory, and Paschal the 2. and pretended that right, for so doth Alensis even in the Resolution, Cum Religiosi in Levitarum ordine & munere computentur, Decimas recipere possunt, sed quae sibi concessae sunt; Whereas Monks are reputed in the order and number of Levites, they may receive Tithes, but such as are granted them by authority of the Church. Nay doth not P. Cluniacensis in the Epistle cited by him say, Nam sitribui Levi— rectè eadem Monachis conceduntur, etc. For if to the Tribe of Levi they were granted, then rightly to the Monks.  
And thirdly, because they gave, Competens beneficium, A competent maintenance to Curates, (for, Si ista non fecerint raptores sunt, & Decimas retinent iniustè, If they do not so, they are robbers, and unjustly detain Tithes, saith Alensis in the place before) if they did not officiate them themselves, which yet was irregular, as Stephanus Tornacensis (the first Commenter of Gratian) doth say: 
Epist. 200.  and so Edictum Tassilonis, legum Antiquar. p. 439.  
And four, because it was supposed to be, Ex superabundanti, of what might be spared, as the same de Alice; Ex portione pauperum, not sustentatione Clericorum, Of the portion of the poor, not the sustentation of the Clergy, as Hugo de Sancto Victore, 
De Sacram. l. 2. p. 9 c. 10.  with that condition,  terminos non transgrediantur antiquos: i Si stipendia Presbyterorum antiquitus instituta non minorent ac sibi usurpent. That they pass not the ancient bounds; that is, that they lessen not the ancient allowances of the Priest, and usurp them to themselves: and, Quod Ecclesia cum omnibus pauperibus potest habere common, as Ivo, 
Epist. 192. Cap. 3.  Quod Ecclesiam non gravet, as Toletan. 3. what is not burdensome to the Church.  
And fifthly, because these Donations to them at first, seemed to be but for the life of the Donor, for Bishops might renew them, Aurelian. 5. can. 15. and Titulo de Decimis c. dudum; And for the Parson that he might, read Adrians' Epistle in Addit. ad Council, Later. part. 13. c. 11. which I am persuaded was the intent of that time: For else, what need of such successive confirmations? And if they might not infeodate for longer, why might they quite give away? But that they did infeodate or make leases, but only for their time, besides the Testimony of Ivo, Epistola 12. the observations of Franciscus juretus upon him make it manifest. 
Leg. Longob. lib. 3. tit. 10. cap. 2. & 4. Pag. 656. & 663. 10. q. 2. de praecariis quae a.  And before the quotations there, the Laws of Hlotharius may testify, upon which grant the prescription of forty years incurring, did make a perpetuity, videses Hincmarum in Dialog. de statu Ecclesiae, and Gratian out of a Council of Carthage.  
And lastly, because not the right, but the Tithe itself, was conferred on them, for which only they could plead, not from the gift of the Patron, but concession of the Bishop and Patron, who must also concur to justify the Title of their enjoying, as after out of the Chartularies of Rochester shall appear; These reasons besides those other pretences of prayers and other exercises of Devotion, may seem to reason the charity (though we may call it superstitious prodigality) of those ages in the Collation of Tithes to Monks: though they might not misconceive of the Divine right of payment (which after is inferred) nor prejudice the Clergy in the right in the possession of them.  
As for the pretence of hospitality, why they had Tithes, 
Pag. 108.  P. Damianus is cited, lib. 2. Ep. 14. The words are, Enimuero ut copiosiora in pauperes alimenta proficiant, dantur in Monasterijs & Eremicis decimae quorumque proventuum, & non modo pecorum, sed & ornicum pariter & ovorum; For that there might be better fare for the Poor, There are given in Monasteries and Hermitages, Tenths of all provision, not only of cattle, but of Fowl and Eggs.  
Animad. 49 The place of P. Damianus I well understand not, yet I suppose by this, no gift of others to Monasteries, but the Tenth of the Revenues of all things in Monasteries, are to increase the provision for the Poor. The words before and after are not unlike to that in Concilio Aquisgranensi sub Ludovico Pio, where, the Council commanding some place to be provided for the poor, where they may be together, it decreeth, ut de rebus Ecclesiae tantum ibidem deputent, unde sumptus necessarios habere valeant, exceptis decimis, quae de Ecclesiae villis ibidem conferuntur, That of the Church estate they would appoint so much there, whence the poor may have necessary expense, excepting the Tithes of those Villages which are bestowed.  
Animad. 50 The Stories in Lambertus Schaffnaburgensis etc. both show the Episcopal and Parochial right claimed, and the irreligiousness of the Turingians to take all occasions to defraud God.  

Pag. 111.  Yet for that the Author citing him, Anno 1073. ends his quotation with this, Gaudentibus Thuringis, quod occasionem invenissent, ut traditas sibi à Patribus leges manu militari tuerentur, The Thuringians rejoicing that they had got occasion to defraud by hostility the lands of their Fathers, as if their traditae à Patribus Leges, The Laws of the Ancestors were against tithing. Add therefore the next words, Et dolente Rege, quod dum decimis immoderatiùs inhiaret, pene regnum cum vita amisisset, The King grieving that while he gaped after Tithes, he had almost lost his life and kingdom; and every one than may plainly see, they meant Subjection, not tithing. Besides Lambertus was adverse to the Emperor, and a Monk of Hersfeldt, for which Monastery was the war, it was their own case.  
Infeodation by him doth signify the conveyance of perpetual right of Tithes into Lay hands, Now that such were, Damianus is alleged, 
Lib. 1. ep. 10. & lib. 4. ep. 12.  Insuper & decimae & plebes adduntur in beneficium secularibus, Besides, Tithes and parish Churches are infeodate to Lay-men.  
Animad. 51 Where, note they are let from the Church: and if beneficium may signify an infeodation, as in Damianus he doth interpret it, then that which next follows, namely,  
Animad. 52 That they that refer them to Charles Martells time, 
112.  or any age near him, are in great error, is a great error: For besides the times of Charles Martell, whereof before, in the times next succeeding, besides the testimony of those there cited; in the glossary, Leg. antiq, verbo, Beneficium, there out of the life of Saint Gothard Episcop. Hildesemensis, it is related, how in the contention of Lewis the first with his sons, the possessions of the Monastery Altahense, pro voluntate eorum, qui sic debacchabantur, Beneficij, immo Maleficij nominie, adtribuebantur: At their pleasure, who were so outrageous, they were bestowed as a Benefice, nay rather as a Malefice. But I'll refer the Reader to that story of C. Martell.  
And here Krantzius, libr. 4. (it should be libr. 1. 
Pag. 112. ) Metrop. cap. 2. in the Margin, hath this scorn laid upon him, Mandrabuli ad morem, coniecturas de hac re infoeliciter adfert. And P. 117. he saith, He ignorantly conjectureth;  
Animad. 53 Whereas his relation of the original of infeudations from Charles Martell, is true; and his conjecture, that the Clergy did, Cum non satis fiderent, sua iura à Laicis Principibus tueri, partem Decimarum Principibus in manum dare per speciem feudi & beneficij, malentes amittere dimidium, quàm totum, When they doubted the defence of their rights, by Lay Princes, that they infeodated part of their Tithes to Princes, willing rather to lose something then all, is not so unprobable to him, who shall read the Decree of Pope Eugenius 2. in Concilio Rhemensi, circa annum 826. Authoritate Apostolic â prohibemus, ut nullus Aduocatus, praeter ius, & Beneficium antiquitùs, aliquid sibi accipere, vel usurpare praesumat: We forbidden by Apostolic authority, that no Advocate, besides his ancient right and fee, should not presume to take or usurp any thing to himself: Where Beneficium antiquitùs, seemeth to be given to the Aduocatus, or Defensor, or Vicedominus,) who, 
Lib. 5. cap. 3. & lib. 7. c. 338.  as the Capitularies say, was to be procured from the Emperor:) and shall further conceive under pretence thereof, what interest these Advocates usurped, as johannes Sarisburiensis, Epist. 125. relateth; which for a while the Church tolerated, as Alexander 3. in Concil. Lateran. pag. 1. cap. 17. But Frederick Barbarossa, 
Apud Goldast. Constitut. Imperial. tom. 2. pag. 5. as in Review, pag. 466.  (or Henry 6. his son, as Arnoldus Lubecensis in supplem. hist. Sclavorum) approves it to be true: the words are; Sed cum tempore Christianitatis, ab adversarijs infestarentur Ecclesiae, easdem Decimas praepotentes, & Nobiles viri ab Ecclesiis in Beneficio stabili acceperunt, ut ipsi defensores Ecclesiarum fierent, quae per se obtinere non valerent: But when in Christianity, the Churches were disturbed by the adversaries, Great men took Infeodations from the Churches, that they might be Advocates for the Churches, in what they could not by themselves obtain.  
To confute Stephen Pasquier his opinion, that Infeodations began in the holy wars, between 1090. and 1100. he truly produceth P. Damian. in the place before, and the Council of Lateran, held 1078. Decimas quas in usum pietatis concessas esse Canonica authoritas demonstrat, à Laicis possideri Apostolica authoritate prohibemus: Sive enim ab Episcopis vel Regibus, vel quibus libet personis, eas acceperint, nisi Ecclesiae reddiderint, sciant se sacrilegij crimen incurrere: Tithes which the Canons manifest to have been granted for the use of piety, by Apostolic authority, we forbidden Lay men to possess, whether they have received them from Kings, or Bishops, or others; unless they restore them to the Church, they undergo the censure of Sacrilege. This is iterated in the same syllables, in the general Council at Lateran, 1139. under Innocent 2.  
But yet out of the Council he makes inference, as if only Lay men did make these Infeodations;  
Animad. 54 Whereas the word, ab Episcopis, might have remembered him of Bishops, aswell as P. Damianus, upon whose complaint of the abuse of that time, this Council might take occasion, it being very few years after his death: And the word therein, Regibus, from Kings, might have made him think of Charles Martell: and the word, reddiderint, they restore, make him acknowledge what after he will deny, both that all Infeodations were from the Church, and that the true reading of a Canon of the Lateran Council under Alexander the 3. to the same purpose, is to be reddiderit, not tradiderit.  
Which two last errors, the Canon, prohibemus, 
P. 114.  in the Council of Lateran, under Alexander the third, p. 1. cap. 14. is interpreted to maintain: though brought to prove, that then, and not before the use of such new infeudations as stayed, not that any annullation of the old was intended.  
The words are, prohibemus ne Laici Decimas cum animarum suarum periculo detinentes, in alios Laicos possint aliquo modo transfer: Si quis vero receperit & Ecclesiae non reddiderit Christiana sepultura privetur, We forbidden that Lay men detaining Tithes with peril of their souls, may not by any means pass them to other Lay men, but if any shall receive them and shall not restore them to the Church, let him want Christian burial.  
Animad. 55 Ignorance is imposed upon the later Canonists, that oppose this Canon, against the right of all feodal Tithes, ancienter than the Council: And Innocentius the fourth, and Hostiensis, Bernardus, and Bowhic are opposed to them: whose authorities may be truly cited, yet not interpreted of Infeodations, but De Decimis male detentis, as in the page 156. he quoteth out of Innocent the fourth, and so his opinion of the prohibition of future infeudations have no proof from thence, nor opposition therein to the elder Canonists. But me thinks, he that considereth the aim of those times, only to get them from Lay men, Nec multum refert quae Ecclesia habeat dummodo extirpentur à Laico, It is no matter what Church hath them, so they may be gotten from the Laity, as Panormitan cited by him, pag. 156. And considereth also, how they decreed, that not so much as the Patronage should be passed by succession, but to the Clergy Addit. Concil. Lateran par. 15. cap. 6. nor so much as be sold, cap. 16. & 17. Quia Spirituali annexum: see Epist. Paschal. 2. inter Epistolas Anselmi lib. 3. Epist. 45. might well imagine the intention to reduce the thing itself, Infeodations present, not future: Especially conceiving it to have been decreed against, by Gregory the seventh, Vrban the second, and Innocent the second, which are even quoted by himself. And may any suppose that Pope Alexander the third would have had less stomach, 
Vide etiam in Gratian. c. 10 q. 7. in Pr●fat.  and would not claim the Tithes? I will not be persuaded; especially he using the same word Reddiderit, as a badge of their intention, and his own. Nay himself par. 4. cap. 1. decreeth an infeodation even from an Abbot into Lay hands to be void, quoniam Sanctuarium Dei iure haereditario possideri non debet, God's Sanctuary must not be held by inheritance, which is the same in effect. Who then would not trust, rather Innocentius the third, who interpreteth it of Tithes formerly infeodate (and was next successor to Alexander the third) as in Tit. de His quae à Prelatis. c. cum Apostol. or the other Canonists, who understand it by judicial application as he confesseth p. 139. then only rely on his conjecture?  
But beside, by the very sense of the words, cum Animarum periculo detinentes, detaining them in the peril of their souls, who will think that any man might by law seem to have right to pass those Tithes to another, wherein himself had no right? the conveyance itself was irrita, void: Sure therefore they claimed a right; and how, but by infeodation? by which Title (though it was against conscience for any to detain Tithes) yet some show of Civil Title might countenance that Action, which is here forbidden. But be it as it will, let the Canonists decide it.  
That which followeth is more pertinent to this business. He saith, surely it is an error, which is commonly supposed, that all ancient feodal Tithes were at first Spiritual and transferred from Churchmen, at the request of Princes (he might have added or Tyranny) into Lay hands, and since wrongfully detained, Neither is there any ancient warrant sufficient for it.  
Animad. 56 The History of Charles Martell before, doth make the contrary plain; and the Catalogue of Authors, show both the Divine due, and payment long before.  
But yet he is of opinion, that many of these Infeodations were doubtless created by laymen's Grants, as Rents-charge, Estovers, Turbaries, and the like are: Who can doubt of it, saith he, that observes but alone this Canon Prohibemus? 
Pag. 115.  Whence also may be strongly inferred, that the greater number of infeudations were by Grants made by Lay men to Lay-men: for what is there, only forbidden by the Council may be thought the greatest and most prejudicial practice of the times against the profit of the Clergy; neither is any provision there made against the other kinds of Infeodations which pass Tithes from Church men. I have more largely repeated this, because though he made no doubt of it, the ground is false.  
Animad. 57 For that they were created at first by Lay-men, he can never prove; yet because it is said, In alios Laicos possint transfer, he would needs infer the original of Infeodations; whereas it can be only the after-derivation, for else then he must presuppose in this Canon, that even until that Council (for it denies not Infeodations before, saith he) some Tithes had not been consecrated to the Church: whereas the very word detinentes, implies a right in the Church; and the word reddiderit, doth plainly show the ancient possession.  
But he hath found a new Edition, 
Pag. 115.  which because it makes against the Church, is the truer reading; Tradiderit, not Reddiderit.  
Animad. 58 Although it be Reddiderit in the Canon, and in the body of the Counsel in Roger Hoveden; and he might have added in Neubrigensis; and, 
Lib. 3. cap. 3. Q. ●1. Memb. 6. Art. 1.  in all the Commentaries upon the decretals both old and new, in Alensis: Besides the Counsels to the same purpose before cited, which read Reddiderit: And yet the new Roman Edition of the Counsels, with some other of less authority, shall sway the reading to what he will.  
Animad. 59 But his next conjecture (though but a conjecture) is more reasonable, That Patrons in the Vacancies might infeodate, as by the Common Law the Patron and the Bishop may: (sure the Common Law nor common lawful practice, never left out the Bishop in such disposition) because the Patron had the only disposition, as he saith he hath proved (but I know not where) yet saith he, Patrons granted whole Churches, and therefore citeth Flodoard in many passages, and Damian before, and the Council under Innocent. 2.  
Animad. 60 But whether these Churches were not first Spiritual possession before Lay-infeodation, is the question: for else, Lay-men did pass their Fees to others; but the sense of the command of the Council under Innocent the 2. of restoring it to the Bishop's disposition, shows from whence it came; and P. Damianus his authority is plain, that the Bishops made them; and as for Flodoard, he hath nothing to the contrary.  
Animad. 61 And the next example (though produced to oppugn it) of Charles the Bald, or Charles the Simple, (though the very like act done by him in Concil. Meldensi, cap. 75. make me think it Charles the Bald) plainly shows it; where it is, Ecclesiam cum omnibus ad eam iure pertinentibus, The Church, with all the lawful appurtenances. But in that it had both consecration, or else not Ecclesia; and Dotation, or no pertinentia; and Tithes, or else not omnia: therefore it came from the Church. How then can he conclude out of these no premises, the original of infeudations from such Grants, whereas the Churches right, at first, either by consent, or Tyranny of Princes parted with, is always precedent? Nay himself next, saith, that Princes sometimes joined with the Bishop to bring in the payment of Tithes, that they might have beneficial infeudations from the Church, not make them themselves.  
And yet in the next words he saith, But as Princes made infeudations out of their own demesnes, or their own Churches, so other private Lay persons did.  
Animad. 62 O incoherent confirmation or consequence, since he hath never proved, that Princes did, though if proved, it followeth not!  
He showeth next how the Clergy did infeodate.  
Animad. 63 But those were annullate: 
Pag. 117.  of those quoted out of Innocentius the 3. pag. 447. the first was resigned; the second, pag. 482. by sentence was repealed, and the rest proposed are by his own Author discommended.  
In the next Section he speaketh of Exemptions, 
Pag. 118.  but beginneth, as if he had proved, that Lay-men had enjoyed a liberty in not subjecting themselves to the payment of Tithes according to the Laws of the Church, but bestowing or retaining them at their wills, in most places, even from the beginning of Christianity, until about the year 1200.  
Animad. 64 This He neither hath, nor can prove, though it be the conclusion which he wholly intendeth; and the liberty of Exemption praesupposeth even that which he would deny, parochial payment.  
The Canon pointed at by Burchard, Ivo, and Gratian, 
Pag. 119.  in the Counsels at Chalons or Mentz, is in Cabilonense, sub Carolo M. Cap. 19  
Animad. 65 The constitution of Pascalis the second, 
Pag. 120.  to discharge all Religious persons from tithing to others: was not contradicted by Goffridus of Vendosme and Petrus Cluniacensis, because Goffridus doth interpret it to be of Tithes in their own parishes where they dwelled, as also Hugo de Sancto Victore, 
Tom. 2. de Claustro animae lib. 2. c. 5.  who lived then, doth also understand; where instructing his Monks what they might possess, saith, Decimas non recipiant nisi de illis quos incolunt agris, Let them not receive tithes, but out of those lands they dwell upon. And as for P. Cluniacensis, he doth only say, Patrum temporibus Decimas non tantum Laici, sed Ecclesiae Ecclesus, & Monasteria Monasterijs, & de Rusticorum operibus, & de proprijs laboribus persoluunt. Which custom for the benefit of his Church, he wished might have been continued; And so without contradiction to Paschal 2. In the days of our Fathers, saith he, not only lay-men paid Tithes to Churches, but Churches to Churches, and Monasteries to Monasteries, both of their own labours and of their servants.  
Animad. 66 The general exemptions of all Clergy, the restraint to the four Orders by Adrian 4. the particular of every several Order, is too true: And the restraint of Innocent 3. was too late: the prodigality of consecrations, & exemptions, had exhausted the livelihood and learning of the parish Churches; and the misery that St. Bernard spoke of, 
Ep. 240.  was, Basilicae sine plebibus, plebes sine Sacerdotibus, Sacerdotes sine debita reverentia sunt, & sine Christo denique Christiani, Churches without people, people without Priests, Priests without due reverence, and lastly even Christians without Christ. The complaint of Richard Archbishop of Canterbury, against these exemptions of the Cistercians. 
P. Blesensis. ep. 82.  (for which and for another Epistle against the exemption of Abbeys from Episcopal jurisdiction, though both by Papal dispensation, I am persuaded he is wronged by the writing Monks) is most earnest and material, Hae dispensationes dissipationes. And therefore (which is strange) The Monks of Clugny renounced such privilege, 
P. Cluniacens. lib. 1. ep. 33.  to avoid scandal.  
Animad. 67 The Title of the Templars was partly, as of the other Monks before: and more, they had Tithes of the Church nomine stipendij, for, Nemo militat suis sumptibus, No man warreth at his own charges. Since therefore, the Churches proper means was Tithes, out of them, she did reward her Defenders; and as the Defensores and Aduocati of their Title, had by ordination of the Bishop a certain allotted revenue, so these devoted Soldiers who by vow defended Christendom, might well have some share of maintenance in Tithes, though no immediate and original right unto them.  

Pag 122. NB.  The next Section is touching the opinion concerning Tithes: The opinion of the Counsels generally was, that they were due by Divine ordinance.  

Pag. 124.  No denial, but by Leutardus, who principally for denying this, was adjudged an Heretic, as Rodulphus Glaber Hist. 2. c. 11. and this in him was judged, non magis turpe quam damnabile, not more foul than damnable: wherein because he could not prevail to retain ambitiously the people to follow him, he drowned himself.  
This opinion is opposed by the practice in the disposition of them in perpetual right to Monks, Nuns, 
Pag. 125.  the poor in Hospitals, the Religious Orders of Knights. To this sense he.  
Animad. 68 But this is answered before: To which if we add the opinion of that time, that even the Pope might dispense in the Law of God, as in vows, marriage, fidelity; 
Vid. gloss ad c. 25. q. 1. Sunt quidam.  and the inclination of Popes, both to deny themselves no authority which their ancestors took, and to do what they could for the houses of their education, and the pillars of their proud and superstitious Tenets; we may think by these Grants, they did not undervalue the Divine right, since as in the place of Ivo next quoted and abused, they passed them but Lege charitatis, and as cum pauperibus poterant habere common: By the Law of charity, and of what might be communicate to the poor.  
And here Ivo his authority in Ep. 192. 
P. 124.  being falsely related, altereth the sense:  
Animad. 69 For he intending to prove from the custom, the right of Lay men to convey Tithes, and citing Ivo in that Epistle, and adding, But this might not be done as they would have it, by the Lay owner alone; for he well adds, that nevertheless no Monastery might lawfully by the Canons receive a conveyance of Tithes, illis ad quos non pertinet▪ i. à Laicis, from those to whom it doth not belong, that is, from Lay men. As if Ivo only denied the right of gift, not of enjoying, whereas the words are, ad quos non pertinent, to whom Tithes do not belong, etc. thereby absolutely denying both.  
The answer of this objection, 
P. 126.  whereby he would pervert the meaning of the writers and Counsels (as before) or else lay upon them for confirming them, even the imputation of fearful Sacrilege, is thus:  
Animad. 70 That without Sacrilege they might communicate; always praesupposing a revocable right: only herein they offended, if upon complaint or need the Bishops did not revoke them in time: For by the Canons after 40. years, there was no removing, and that, propter generale scandalum of that time, wherein a Schism might have been feared, as in the Council at St. Denis, 
In vita Abnis, c. 9  as Aimoinus doth testify, a great outrage was committed: In generali scandalo non sequitur correctio, vel delinquentis, vel aliorum, ideo propter generale scandalum suspendenda est repetitio Decimarum, quod sequeretur, si universaliter àmilitibus (by the same reason à Monachis) fieret repetitio: In a general scandal there follows no amendment either of the delinquents or others; therefore for such general scandal, the requiring of Tithes is to be forborn, for that would follow if they should generally be exacted of the soldiers, 
P. 3. q. 51. M. 6. Art. 1.  (he might aswell have said of the Monks) saith Alensis. So far was he from accounting it Sacrilege, to tolerate Infeodations, which are more unjust than appropriations, though he held Tithes to be due by the Moral Law of God, quoad aliquotam, or indeterminatam quantitatem.  

P. 126.  But he addeth, that it appears, it was most 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; and therefore the confirmers and Donors could not think them due de iure divino: and for this he citeth Concilium Ticmense, related C. 16. qu. 1. c. in Canonibus.  
Animad. 71 But there in that Canon, not the Conveyance, but the Conveyance pro libitu, contempta Episcopi dispositione, is judged against the Law of God, and Canons; for that consilio, and consensu Episcopi, they might, Videses ante ad pag. 72.  

P. 127.  There were Exemptions, therefore no such opinion.  
Animand. 72 The course of Exemptions was unjust and substantially complained of though by the Monks of Clugny, who lost by it: 
Epist. 82.  yet by Richard the Archbishop of Canterbury in Blesensis, and johannes Sarisburiensis, who lost nothing by it (which is his scoff) but had compassion upon the poorer Clergy, spoiled by the Sacrilegious dispensations of the Pope, which in this Argument are by P. Blesensis and johannes Sarisburiensis specified and refuted; The Epistle of P. Blesensis was more worthy to be read, then to have been quoted out of Bochellus at the second hand.  
There were Infeodations from Churchmen, 
P. 128.  therefore no such opinion.  
Animad. 73 The Bishops and Religious that let Infeodations, 
De potest Reg. & Pap. c. 2. ad Arg. 38. 22. q. 57 Art. 3. in Corp. In quest. citat. M. 8. Art. 1.  are justly to blame, although they let not Ius perceptionis, which is annexum Spirituali but ips●s fructus, as johannes de Parisiis doth distinguish and Aquinas, and Alensis, because the true end was diverted, the maintenance of the Clergy, though they reserved the right, for in their right the fief, might duly demand them; Whereby, they might save themselves from committing Sacrilege: Though their opinion was, the right of tithing did belong to the Clergy, De jure Divino; Yet even their Acts, were annullate, as besides the Authors cited, Alex. 3. in Concil. Turonensi. Anno 1163. 
In Neubrig. l. 2. c. 5. §. Quamuis Nimis.  (where the action is censured, and the Authors degraded) doth testify.  
And next, by the way he obtrudeth his new improbable error of Tithes by their first creation infeodate to lay-men, but it seemeth now, he would interpret himself, that he meaneth not Church Tithes, but such as Rents charge upon land, under pretence whereof, he will presuppose, that they would shift paying of Tithes to the Church, because they would not pay double Tithes.  
Animad. 74 A strange conjecture; whereby the Infeodators are supposed Sacrilegiously fraudulent; and the Church men so silly, as having laws both Ecclesiastical and Secular to abet them, would admit of such simple excuses, and never complain in those former times, that their redress might have been recorded: Let him show the use, and then let him urge it. Concerning an example of Clergy men in the archbishopric of Matera after shall be spoken.  
The Laws are next produced, but saith he, soon disobeyed: 
Pag. 132.  they had little or no practice in behalf of the Clergy. The greater fault, the more pity.  
But here Hector Boethius relating the Laws in Scotland of Tithes, by King Congallus Anno 570. is excepted against, 
Pag. 130.  nay reviled: the exception; The Author for this is called a feigning Hector, and his assertion bold, or deceived by them from whom he took it, it is to be judged fabulous, and proceeding out of that common mistaking of ancient passages of Church Revenues, and confident, but ignorant application of them to Tithes; And in the Margin; Buchanan saith, Sacerdotes praedijs alijsque proventibus ditavit, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Decimis, adijcere vir doctissimus non ausus est, He enriched the Priests with possessions and other profits, but that learned man durst not add the word Tithes.  
Animad. 75 How should the Author expect, his book might gain any strength of truth from his name alone, when Hector Boethius for all his good language and great pains, shall not only not have credit with him as pag. 133. but be taunted by so young a writer: but he may hear Saint Hieromes censure (to as good a man as He, even S. Augustine) puerilis est iactantiae accusando Illustres viros suo nomini famam quaerere: 
Inter Aug. Ep. 13.  especially since through Hector's sides, others perchance truer Troyans' may be wronged of whom he received it; who by the prejudice of him that knoweth not, shall be censured for confident and ignorant mistaking one thing for another. As for the Marginal reason, the omission by Buchanan of the word Tithes, which Hector putteth in, is but to poise their credits, whether a lying and schismatical Buchanan, who was a prime Author in the taking away of Tithes from the Clergy, and therefore might well take it from his writing; nay who might even take that relation from Hector, mincing it to his phrase and fancy; or a feigning Hector, perchance receiving it from other, it may be the very Records of the Kingdom, be to be preferred in this Relation. Hector Boethius saith before of the same Congallus, Mira sunt quae de huius Principis Religione memoriae sunt prodita, They are strange things which are related concerning the piety of this Prince. What therefore he writeth he had from others: But our Author striketh the next.  
In the next place the Pontificial Canons are examined.  

P. 134.  Of which he citeth, besides that of P. Damasus, that also of Pope Nicholas the second, Anno 1059. Praecipimus ut Decimae & primitiae seu oblationes Vivorum & Mortuorum, Ecclesiis Dei fideliter reddantur a Laicis, & ut in dispositione Episcoporum sint, quas qui retinuerint a Sanctae Ecclesiae communione separentur, We command that Tithes, or first fruits, or offerings both of quick and dead, be faithfully paid to the Churches, and be in the disposition of Bishops; which they that retain, 
Vide Luithprandum in vita Leonis 4. ubi authoritate Ap●stolica praecipitur, sub poena excommunicate.  let them be excommunicate: which very words are his Successors Alexand. 2. And that of Leo the 4. c. 16. q. 1. c. De Decimis, (which forsooth must be a declaration, not a constitution) all which with the passages of the Fathers, were for general Canon-law in Gratians decrees confirmed by Eugenius the 3. Nay the Council at Clerimont by Vrban the 2. and that of Gregory. 7. in Concil. Rom. c. 16. q. 7. c. 1. To which he might have added that Canon of Gregory cited by Alexander 3. 
Epist. 19  joined with those of Peter Cellensis: Presbyter si Ecclesiam per pecuniam obtinuerit, non solum Ecclesia privetur, sed honore Sacerdotij spolietur, quia Altar, Decimas, & Spiritum Sanctum emere, vel vendere, Simoniacam haeresim esse nullus fidelium ignorat: If a Priest get a Church by money, let him not only be deprived of it, but also be degraded; because each Christian knows, that to buy Altar, Tithes, etc. is a Simoniacal heresy: And that at Lateran. 1119. and another 1130. having the same words as that of Greg. 7. Quas de iure Sacerdotum esse sancimus, Which we decree to be the Priests due: And the 11. general Council under Alexand. 3. 1180. (where only infeudations, saith he, and arbitrary consecrations without consent of the Bishop, are forbidden; yet the reason is, the supposition of Parochial right:) But let me add in the same Council, cap. 23. In the provision for leprous people, are not Tithes supposed as a duty of common right, when (providing for the right of the Parish Church) they are permitted to have a separate Priest and Church, and are privileged of their orchard and feeding of cattle, that Tithes should not be exacted: By this particular privilege, is not the common right supposed? Nay so often he having quoted the Capitulars, whereof the last three books were confirmed by Apostolic authority, Capit. lib. 7. c. 377. Yet he saith, There was not any Canon of a general Council, that commanded the payment of Tithes; or any that expressly supposed them a duty of common right, before that of Lateran, held under Pope Innocent the 3.  
Animad. 76 Let the Reader judge of his Conclusion, out of such premises.  

Pag. 136.  In this passage he citeth an Epistle of Gregory the 7. wherein he admonisheth and persuades some Princes of Spain, after the expurgation of Christianity from the Gothicke corruption, to pay and command the payment of Tithes by the people: where, because he doth persuade, and not command, he inferreth, that he had no power to command.  
Animad 77 As though authority must be thought always extended to what it can, never in discretion condescending to the infirmities of weak brethren. The spirit of Hildebrand challenged power, 
S. Hilary.  where he had no right: but now, Fides suadenda, non cogenda, Faith is to be persuaded, not enforced; and Alcuins' ground was his direction. But let us see how his successor Alexander the 3. writes to those Goths in the Epistle 19 
Vide etiam Ep. 21. Archiepiscopo Vpsellensi & Suffraganeis.  whereof part is quoted before, Praeterea illud adijciendo mandamus, quatenus populum regimini & gubernationi vestrae commissum, Decimas Ecclesiis fideliter & devote persoluere, sicut ab ipso Domino noscitur institutum, diligenter ac sollicitè moneatis, & si necesse fuerit, sub districtione Anathematis, etc. Moreover, this we command, that you diligently and carefully admonish the people committed to your charge, that they pay Tithes to the Churches, faithfully and devoutly, as it is known to be ordained by the Lord, and that if need be, under the censure of excommunication.  

Pag. 138.  But out of that strange conclusion, he would justify the saying amongst the Common Lawyers, in his sense, That before the Council of Lateran, every man might have given his Tithes to what Church he would.  
Animad. 78 Wherein, if he would understand by giving, the translation from his own Parish Church to a Monastery, because the easy consenting of the Bishops usually hindered not, than it is most true; but understanding by giving, a new creation, that each man might give to what Church he would; that is newly create, a Tithe, which before he might detain, and did never pay; this is absurd, and praesupposeth that no Tithe before that time, by any man was certainly paid; whereas Parsons did before that time implead their parishioners for not paying; as here in England himself doth produce, in King Stephens, and Henry the seconds time, p. 414. etc. To which more shall be added.  
But this cannot stand, unless he may have his will upon the Canon prohibemus, in the Council of Lateran, under Alexander the third, and make it to signify, new created Tithes.  
Animad. 79 But either let his own Authors be judge that understand it, de Decimis male detentis, of Tithes wrongfully detained: or Innocent 3. and those that follow him, of former Infeodations; they cannot understand new created Tithes, even by the very words, as before. And in that Council is something to deny it. For if Alexander 3. supposed new created Tithes, why then part. 4. doth he command the excommunication of the changers, lessenors, detractors of the wages out of Tithes, Nay, in the body of that Council why doth he privilege the leprous people from paying some Tithes, if they were not due to be paid if he supposed them not due, and paid? But howsoever, I leave him to what before was said, against which he hath nothing but conjecture.  
But yet, good Reader, thou must still doubt, 
Pag. 139.  that the Historical understanding of that Canon, is to be had out of arbitrary consecrations before practised.  
Animad. 80 Reader, now thou mayest see, how he means to pin thee on his sleeve, the judicial application of the Canonists must be neglected who agree in a truth, and yet at his bidding, thou must doubt. And as he reprehends the rabble of Canonists (such is his term) going away clear with this of Innocent, because he said so, so must thou follow him, and doubt because he bids thee.  
Yet for confirmation of his assertion, He saith, it was equal to ordain that Lay men should not arbitrarily consecrate; and that they should not without the asse●t of the Bishop, Every Bishop being praesupposed to induce parochial right, and general payment, which was the intention of the Canons.  
Animad. 81 This is a strange conceit; the disposition by the Bishop's consent being granted by Canons, as in many quotations before is evident, and in this Council, p. 15. cap. 2. but this without consent, being forbidden. And the reason is equal, That so the Bishop might provide for the parish, and yet in charity, de superabundanti, of what might be spared, give way to such Donations, which as then were not to the Church's prejudice, and to the abridging of the ancient maintenance of the secular Clerks, as part. 13. c. 1. of that Council.   

ANIMADVERSIONS on the seventh Chapter.  
He saith, Tithes were subject to Customs.  
Animad. 1 
Pag. 140.  That Tithes were subject to customs, it was propter vitandum scandalum, and not for want of a true right in conscience to require the payment.  
Concerning Parochial right, First he saith, 
Pag. 142.  it is sufficiently manifested that the Laity did usually convey their Tithes by consecrations and appropriations to what Church they would, or in Infeodations to Lay-men.  
Animad. 2 The first is false if the Bishop's consent be not understood, and the second also, if not originally from the Church.  
But he proceeds to produce Canons, and after many, those of Innocent 3. in whose time, at first, he would persuade us, that arbitrary consecrations without consent of the Bishop were void.  
Animad. 3 But he that will but read in the Time of Alexander the third, Addit. ad Concil. Lateran. p. 15. cap. 1.2.3.6.9. shall find there the like.  
Yet that Parochial right was not before claimed for Tithes, He proveth, First, 
P. 144.  by the practice of certain Religious, who would usually take covenants from their Tenants, to pay them their Tithes, and so defraud the Parson,; which if by Parochial right had been due, such a covenant could not have prevented the Parson. This is related in the Council of Lateran, under Innocent 3. Cap. 56. & Extr. de pactis c. plerique, & Videses Appendicem, p. 13. c. 6.  
Animad. 4 The consequence is not good, because until it was otherwise declared, the general exemption of Clerks in their own lands, even renewed by Paschall the 2. not long before, might make these covenants lawful, until Innocent restrained them, as proceeding from a covetous desire, extending that to Personal Tithes, and duties of Sepulture, which was meant of the land: this needed interpretation, before such Covenants might be annullate.  
Animad. 5 The quotation out of the Addition to the Lateran Council, is false: But yet in Cap. 11. of that Part, an excellent case of covenants concerning Tithes, is specified, whereby indeed exemptions are bard, but not Parochial right. A Parson complains how an Abbot and Monks, Decimas universas quas de terris cultis à prima fundatione eadem Ecclesia semper percipere consue vit, infra hoc qudriennium sibi & Ecclesiae substraxerunt, All the Tithes, whose tillage from the first foundation, this Church hath usually received, within these four years they had held from him and his Church, by virtue of an Exemption, where fifteen years ago there was a covenant between them, that he should have for his life all the great Tithes, giving to them the small Tithes, propter exaltationem Monachorum and this covenant in composition, was adjudged available for the Parson against their Exemption.  
Animad 6 The example next urged in the archbishopric of Matera in Innocent 3. for the first part indeed, showeth how some Clergy men, 
Ep. Decretal. lib. 2 p. 483.  in posing Decimas, Terragij ratione occasioned their Tenants under this pretence, to deny such Tithes, which before were paid truly and fully to the Parish Churches. But this Tithe, as is plain, was not Parochial, but as a Rent, and therefore there was no covenant imposed of paying Parochial Tithes, which is the inference: But hereupon these sacrilegious farmers indeed grounded their denial. Whose fault yet of distributing their Tithes, in the second part gave no doubt the occasion to Innocent 3. his censure in the third Sermon, De dedicatione Templi, before spoken of: Not, but that they had given Tithes, but that now they would not; for that is said before, Cum in quibusdam locis tuae Dioeceseos integrè quondam Decimae soluerentur, dum praedia, de quibus Decimae proveniebant, essent in Secularium potestate: Whereas in divers places of your Diocese, hertefore Tithes were fully paid, while the Farms whence the Tithes arise, were in Lay men's hands. And the command is,  persoluant Ecclesiis quibus debentur, That they pay them to the Churches to whom they are due: Parochial right and practise therefore was before.  

P. 145.  But, the Council of Tribur. cap. 15. saith, 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.  
Animad. 7 But this sense is extorted, for that the Council speaking of the burial of the dead, first wisheth the burial to be in the Cathedral Church; but if distance or time will not suffer, then in some Monastery: Quod si & hoc ineptum, & difficile aestimatur, ubi Decimam persoluebat vinus, sepeliatur & mortuus: But if this shall be accounted unfit and difficult, let him be buried there where he paid his Tithes; that is, in his own Church: which the opposition to Monasteries, and the Cathedral Church in that Canon (whether most Tithing was diverted) will enforce, especially the Law, being that to his own Baptismal Church, he should pay them.  
Animad. 8 The doubt of Gregory, or Alexander the third, concerning the question, whether intuitu Territorij, or obtentu personarum, praedial Tithes should be paid, is not, out of doubt of Parochial right which they acknowledged; but to which Parish the right did belong: To one or other by Parochial right Tithes must be paid, but to which they could not determine. So that by this, Parochial right is confirmed and presupposed, though the case be not adjudged, neither doth it follow as he would have it, because there were such controversies, Parochial right was not established, no not in opinion; whereas the opinion of the right, causeth the question; the one and the other craving by that right.  
The case of the Monks of Boxley, 
P. 146.  Extr. de Decimis c. Commissum. wherein the reason to move them to pay Tithes to the Parish Church is, Quoniam priusquam in eadem Ecclesia morarentur solebant persolui, For because, before they resided in that Parish they were paid usually: which reason, though in particular, was necessary for the case, because they by the exemption, which then was, only De Novalibus, whereof before nothing was paid; would have defrauded them, De ipsis cultis, as the words are, which priusquam in eadem Ecclesia morarentur, were usually paid, as in all other places. This particular claim than cannot infringe Parochial right but plainly infer it.  
But yet even after this Lateran Council 1215. 
P. 147.  although Pope Innocent the fourth, and Hostiensis took Parochial right as clearly established, yet until the Council at Lions under Gregory the tenth, 1274. There was no certainty; for than saith Randall Higden, and Henry Knighton, and Thomas of Walsingham, it was constituted, ut nulli hominum deinceps liceat Decimas suas ad libitum, ut antea ubi vellet assignare, sed matrici Ecclesiae omnes Decimas persoluerent, That it shallbe lawful for no man henceforth to assign his Tithes, as heretofore he listed, where he would, but that they pay all Tithes to the mother Church.  
Animad. 10 But this constitution was, that such gifts should henceforth, no not with the consent of the Bishop be made; which (though for his purpose he would now have it) was not in the Council of Lateran before forbidden. For there, Can. 62. it is only said, In Lateranensi Concilio, noscitur fuisse prohibitum, ne quilibet regularis Ecclesias seu Decimas, sine consensu Episcoporum de manu praesumant suscipere Laicali— Nos autem id fortius inhibentes, transgressores condigna curabimus animaduersione puniri, It is evident that in the Lateran Council it was forbidden that no Monk, dare receive Churches and Tithes from Lay men, without consent of the Bishops, which we more firmly forbid, and will more strictly take order for the punishment of the offenders. But in that Council at Lions the Pope reserved all to himself, and outed others. Caxton his interpretation of Higden, maketh it plain. And after that time, no man shall have leave, to assign his tithing, as he did before, at his own will, but all tithings shall be paid to the mother Church. And the very words express the meaning, Nulli hominum, not Laicorum only, but even Episcoporum also, plainly to exclude both Lay and Bishop, himself only being excepted, who might dispense with his own act: and so the Monks are to be understood.  

P. 148.  And further, he telleth us of the practice in the Diocese of Palentia until 1322. which was, that every man wheresoever he dwelled, yet might declare himself of what Parish he would be, and to that Parish only give his Tithes, which he sayeth was remedied, by a Council then at Villadolid.  
Animad. 11 But he that shall read that Canon, might observe, that the reason of such abuse was, for that there as yet was no limitation of Parishes; so that each man by receiving the communion at Easter, or as he list; might to any Church convey his real and personal Tithes, and other Parish duties: To remedy which disorder, this Legate enjoined within the space of a year the limitation of Parishes, by the Bishops or their Deputies, that so each Parishioner may know his own Parish, and thereto both repair, and pay his duties. This c●stome therefore cannot countenance the intention of the Author, in countries where the limits of Parishes are certain, as if therein men at any time might voluntarily divert their Tithes lawfully to another Parish, as herein England by the next immediate quotation before, he would infer: So that herein is his fraud, to relate the Custom, but conceal the Cause. The whole Canon is long, or else it had been worthy to have been recited, but it is extant in B●nnius Concil. Tom. 3. part. 2. pag. 1537. whither I refer the diligent Reader.  
In the next Section, 
Pag. 100L.  the opinions are produced of the last 400. years. In which he hath a commendable resolution. 
NB.  That how ever very many other questions about the duty of them are usually disputed, yet resolve but this, by what Immediate Law, Tithes are payable, and most of the rest that follow about customs, appropriations, exemptions, and such more will soon have little doubt.  
The opinion of the Canonists, that they are due, 
The Canonists opinion.  quoad quotam De iure Divino is related, who yet allow the right of former Tithes Canonically settled by Consecrations, Appropriations, and Exemptions; for to those they require Pontificial confirmations or prescription. They acknowledge the Pope's power in disposing them; they agree that all praedial or mixed Tithes are due parochially; but for personal, some doubt, for the whole Tenth or value. They admit no Customs, and indeed no reason is (saith the Author, 
NB.  and truly) that custom should take away, what God had immediately and by his Moral Law established. The others that admit other customs, speak not as Canonists, but as conforming the Canons to the Laws where they live. Some later say, they are due De jure Ecclesiastico, and that no more Ius naturale, or Divinum morale is in it, than what commands a competency of means to be given to the Priesthood; so Covarruvias, so some others: But few enough are of this opinion, saith he: (Now let him profess he is not partial.) They admit no feudal Tithes, as Canonists: They maintain the distinction of lus p●rcipiendi, and Fructus Decimarum.  
Animad. 12 Hence I only observe how his objection of consecration to Monasteries, Appropriations, and Exemptions, being in practice, might stand with the opinion De jure Divino, since in these it ●id. And hence his inclination against the Divine Right apppeares since he thinks too few oppose it.  

The opinion of Divines. Pag. 156.  The opinion of the Divines is about the question, Whether Tithes are due De jure Divino Morali, to the evangelical Priesthood, that is, whether the Priests have right to Tithes as to their inheritance in equal degree as the Lay-man hath to his Nine; or whether by positive Law for their spiritual labour: whether by original distributive, or by commutative justice they are payable.  

The Schoolmen. Pag. 157.  The first opinion, is of the School; That quoad quotam the proportion of the Tenth, it is due by the positive Law; quoad aliquotam, for a portion of competency, it is due by the Moral and Natural Law of God.  
Animad. 13 This was a politic and pernicious opinion.  

22. q. 81. art. 1. in corp.  Politic, For first it aimed at a greater proportion, for this was but instituted by the Church, saith Aquinas, secundum quandam humanitatem, in great favour; that whereas they were bound to more, they might not give less than the jews: yet so, that the Church of whose favour they doubted not, might enjoin a greater quantity, for a less they never yielded to. 
M. 2.  Alensis his Conclusion is worth the marking, Fort dicet aliquis quod in veteri Lege erat sic in praecepto sed in nova Lege non est in praecepto, quoad istam aliquctam: Sed contra, Ra●io huius praecepti in veteri Lege erat propter sustentationem minist●orum Domino seruientium sicut dicunt praedictae authoritates, Num. 18. Mal. ●. Cum igitur in nova lege maximè nunc temp●ris, multiplicentur ministri Ecclesiae. Ergo nunc muliò magis danda est aliquota aequalis vel etiam maior— Ergo ad hoc vel ad amplius te●e●tur Christiani, si voluntiam in regnum caelorum intrare: Perchance some will say, that in the old Law Tithes were under a precept: but that it is not so in the Gospel for the proportion of the Tenth. But contrariwise, The reason of this precept in the old Law, was for the maintenance of the Ministers that do God service as the authorities, Num. 18. Malach. 3. whereas therefore in the new Law, especially now, the Ministers of the Church are increased: Therefore now much more the same or a greater portion is to be given— Therefore to this, or to more, all Christians are bound that will enter into the kingdom of heaven.  
If this be not contradiction concerning the right, or policy for a gain of more, let them distinguish, that can. Besides he that will hear him prove Decimationem, which is the quota, to be de Lege Naturae, of the Law of Nature, Videsit. p. 4. q. 2. M. 2. A●t. 5. § 4. in R●solutione. Where the conclusion is, Non cessavit sacramen●um decimarum q●ia de Lege Naturae maximè fuit The sacrament of Tithes ceased not, because it was especially of the Law of Nature: and in many other places.  
The second policy, was to defend their own enjoying Tithes, leaving a competent sustentation to a Vicar; which they thought due to him, de jure Divino for, debent ministranti● us sacramenta beneficium comp●tens assignare, quod si ista non fecerint raptores sunt & Decimas detinent iniustè. The religious must assign a competent maintenance to them that administer the Sacraments, which if they do not, 
M. 6. Art. 2.  they are as robbers and do unjustly detain Tithes, So Alensis, Now if they had held the quota de jure Divino, than the comp●tens be●eficium would not have served, while they being Monks and Friars, jure Ecclesiastico might hold the rest.  
But as it was politic, so it was pernicious. First occasioning the heresy of those that held them as Alms, as the Mendicants condemned by the Church (before Wickleffe) who from this opinion, and the aim to gain to themselves, though by defrauding others,, began their falsehood as himself confesseth, pag. 166. And Secondly thereby the Church lost the jurisdiction of Tithes, as in the Arrest of Parliament cited by him, pag. 181. Where the English of the French is. The reason is, for that following the doctrine of S. Thomas A●uinas, we hold that in the Law of grace, Tithes are due not by divine, but by positive Law. And the Church, at first, was not owner of this right, but by the gift and grant of Kings, Princes, and others to whom that right did appertain. These were the good fruits of that Doctrine, such as usually is of new inventions.  

Pag. 165.  Thirdly, Customs of payment of less, of nothing, and other Civil Titles, as pag. 164. he acknowledgeth.  
Animad. 14 That the Schoolmen looked further into the question then the Canonists, is not probable, since the practice of the Canonists required their diligence, 
Constitut. de Decimis c. Sancta §. compellant.  Antonius de Butrio in Lindwood, is of other mind. Nota, inquit, per Ecclesiam declaratum est— quod decimae debentur ex praecepto Divino, sileant propterea Theologi quia ad eos non spectat declarare, Observe, saith he, the Church hath declared Tithes to be due by the Law of God, let therefore the Divines hold their peace, because it belongeth not to them to declare it.  

Pag. 159.  In this opinion, the first question is concerning the first Author of this Tenet, whether Alensis, or no? He saith no, but would have it ancienter. Although the common ancient phrases were Deus praecepit, and Lex Divina, and the like, denoting the right of Tithes.  
To prove which, in the first place, he setteth before us his often sodden Coleworts, that the practice of consenting to such conveyances to Monasteries etc. could not agree with the opinion of Divine right, Of this before too much.  

Pag. 160.  Secondly, that some interpret, Ius Divinum in those Writers, only to import a Right exemplariter, by way of example, not obligative, as a binding Law. A poor shift to answer God's precept and his command.  
But yet St. Ambrose his authority is brought to direct the phrase, 
De Clericis lib. 1. cap. 24. §. Altero modo.  for, saith he, Maior (he might have said Bellarmine) quoteth the phrase, Quadragesima divinitus constituta, denoting only the Ecclesiastic commandment of Lent.  
Animad. 15 But that Mayor or Bellarmine should think out of this phrase, Lent to be but an Ecclesiastic commandment upon example, sure is very strange, since Bellarmine out of the same phrase of the same Father doth hold it Apostolical, or instituted by Christ, De verbo Dei scripto, lib. 4. cap. 9 § tertia reg. but contradiction is not strange with Bellarmine, if it may avail him. Vide etiam Tom 3. de bonis oper. in partic. lib. 2. cap. 14. § Add quod non.  
Thirdly, that Ius Divinum, in the question of Tithes, 
Pag. 161.  is to be interpreted Ius Ecclesiasticum, and so he would interpret the Fathers.  
Animad. 16 But what if Ius Divinum, when it is opposed Humano were so, what can Deus praecepit, God commanded, be so understood? or Deus ordinavit, God hath ordained? etc. But yet let us observe his quotations.  
In a judgement, Tit. de praescrip Cap. 6. ad Aures. There, in a case between two Parsons, the one claiming by parochial Right, the other by prescription, Tithes in another Parish, the Pope approving the Title of prescription, saith, de jure divino & humano melior est conditio possidentis, both by the Law divine and human, he that is in possession, is in better case. Now there, jure divino, can signify no other but human Church Law.  
Animad. 17 What human, and yet distinguished from human? But else, saith he, what hath the prescription of 40. years of primer possession to do with the direction of Divine Moral Law? Yet, why may not that have to do herewith ratione scandali, for offence sake, which by the direction of the Moral Law, we must avoid. And although he admitted prescription in Parochial possession, must it therefore not be true, that his opinion was of a Divine right for the Clergy in general? if he had admitted prescription against the Clergy, than it might have been doubted: but this case is otherwise.  
The next quotation, is of Alexander Alensis; 
P. 162. Part. 3. q. 51. m. 5.  The words are, Decima sicut Domini generalis census, is payable iure Divino.  
Animad. 18 That indeed is the sense, but the words are, authoritate Divina, which altars his phrase. But he there speaking of Decimae quo ad indeterminatam quantitatem, (as every man that hath understanding, may observe) cannot help the Author. His words are these, Dicendum, quod Ecclesia non percipit Decimas sicut communem proventum, immo sicut censum Domini generalis, authoritate Divina, & ideo ab omni conditione, & debito est liberum stipendium Decimarum: I conclude, that the Church doth not receive Tithes as a common profit, but as the revenue of the universal Lord, by Divine authority, and therefore the stipend of Tithes is free from all condition of debt. Now whether out of this, his intention may be inferred, I appeal to his better thoughts: adding this, that M. 6. Art 9 he saith, De iure Canonico & Divino est quod Decimae soluuntur: Tithes are paid both by the Canonical and Divine right or Law: where Canonical is distinguished from Divine.  

P. 162.  The third quotation is out of Innocent the third: And this is the old School objection, and the late jesuits argument.  
Animad. 19 For the better understanding whereof to his objection, have patience to consider the Canon, which is in Concil. Lateran. sub Innocent. 3. c. 5●. In aliquibus reg●onibus quaedam permixtae sunt gentes quae secundùm suos ritus, Decimas de more non soluunt, quamuis censeantur nomine Christiano. His nonnulli Domini praediorum ea tribuunt excolenda, ut Decimis defraudantes Ecclesias maiores inde redditus assequantur. Volentes igitur super his Ecclesiarum indemnitatibus providere; Statuimus, ut ipsi Domini talibus personis, & taliter, sua praedia excolenda committant, quod absque contradictione, Decimas Ecclesiis cum integritate persoluant; & ad id si necesse fuerit, per censuram Ecclesiasticam compellantur: Illae quip Decimae necessariò sunt soluendae, quae debentur ex lege Divina, vel consuetudine loci approbata: In some countries there are certain people mingled, who according to their customs, pay not Tithes fashionably, although they are named Christians; To such, some Landlord's demise their lands, that deceiving the Church of Tithes, they may receive the greater rents: Willing therefore to provide for the Churches, that they be not damnified; We ordain, that such Landlords do demise their lands to such Tenants, that without contradiction, will fully pay Tithes to the Church; and to that, if need be, they may be compelled by excommunication: For those Tithes are necessarily to be paid, which are due by the Law of God, or the approved custom of the place.  
The last sentence is the question. The Canonists they indeed are mistaken in referring the word, Lege Divina, to praedial Tithes, due by the Law of God, and, vel loci consuetudine approbata, to personal Tithes; since it would cross their own opinion, and yet not agree with the case, which is only of praediall, as the words manifest. And the Author also is not in the right; (let others judge) when he saith clearly the English of that was, Those are necessarily to be paid which are due, Lege divina, that is, by the positive law of the Church, which extendeth not always universally; or custom of the place. Herein I agree (as he in his interpretation) not to suppose in those words a distinction of Tithes, but Laws: which I gather from the word necessario soluendae, implying force of laws: And if it had been a distinctinon of Tithes, it should have been Approbatae, not agreeing with consuetudine but Decimae: And therefore I so English it, Those Tithes are to be paid which are due, Ex lege Divina, by the law of God, which must bind Christians: vel loci consuetudine approbata, or the allowable custom of the place, which must constrain all people living in that place, even contra Ritus suos, against their foreign customs, which they pretended, to pay Tithes. And by this interpretation, lege divina cannot signify Ecclesiastic constitution, but divine right, nor Innocentius be an Author of the dueness of Tithes, De iure positivo, before Alexander de Ales. Which also might be gathered, by his slighting even their Christianity for such rites and customs, Although they be named Christians, as if scarce worthy they were of the Name, but his inferring personal Tithes to be due by the Law of God, Decret. Epist. lib. 2. pag. 544. which is related, De Decimis c. Tua Nobis. putteth it out of all doubt, vide Catalogum.  

P. 163. Erudit. Theol. de Sacram. l. 1. par. 11. cap. 4.  Neither Hugo de Sancto Victore whom next he would make an Author, doth defend the positive right, and not a Divine. The words cited to make him of that opinion are: Primum igitur ante Legem paruulos Consilio nutrivit (Deus) postea sub Lege exercitatos praecepto tentavit; novissime sub gratia perfectos in libertate Spiritus ambulare permisit, First therefore before the Law, God nursed his children by counsel; Then under the Law those that were more expert, he tried them by a precept; and lastly, under grace he left the perfect, to walk in the liberty of the spirit.  
Animad. 20 These are his words, yet he that shall consider, how in the words before in the same chapter, he supposeth, Hominem ad haec exercendam à principio à Deo instructum & eruditum fuisse. unde enim homo rerum suarum Decimam quam Nonam, vel Octavam vel aliam quamque partem offerendam esse scire potuisset, nisi à Deo doctus fuisset; That to the exercise of tithing from the beginning, man was instructed or taught by God; for how else should man know what part of his goods, either the eight or ninth part, or the tenth should be offered, but only being taught from God: And, that Ex institutione divina, by divine ordinance they are due to the Clergy in the Gospel, as; De Sacramentis, lib. 2. p. 9 cap. 10. which are quoted in the Catalogue; cannot make such inference out of his words, but rather a liberty to the more, as in (Iraeneus is insinuated) or of spirit in performance of the Law. 
Lib. 4. cap. 34.   

Num. 4. P. 165.  The next Section is, Concerning their opinion, who accounted Tithes, Alms: But in this, because he doth not oppose the truth here; (though concerning personal Tithes, both in his Preface, to countenance the Devise, how the Curates of London may be provided of sufficient living. And pag. 174. to censure the determination of the University of Oxford, he doth too much incline, to deny the Divine right:) I will add nothing here, only recite the names of such of that opinion, namely, the Mendicant Friars, Wickliff, the Bohemians; Gerardus Sagarellus, Erasmus, and William Russell the Franciscan.  
The third opinion is in the next Section, 
Pag. 168.  of such as agree with the Canonists, that the right of the Quota of Tithes is from the Moral or Divine Law of God: Of whom (saith he) some impudently urge a command to Adam; some providently restrain all their Arguments from Abraham's example referred to the application of it in the Epistle to the Hebrews; but others not so circumspectly taking in the Levitical commandment of Tithes.  
Animad. 21 Here is a Division without a Distinction; As if all that held the Ius naturale to be the right of the duty of Tithes, do not think it God's commandment to Adam, since that Law is eternal, instinctu interiori licet non exterius lege data, 
Aquinas. p. 3. q. 60 Art. 5. ad. 3.  by inward motion, though not outwardly: Although no need of revealing it in form, until the manifestation of a Priesthood; and therefore all must be Impudent, or rather none: Or do not they urge the Commandments, though amongst, yet not of the Levitical Law; or if, not to ground a right, yet to show a possession? By distinction therefore they must be styled Impudent, and not so circumspect, as he would have them. But since he acknowledgeth such providence in those who restrain their arguments to the Epistle to the Hebrews, as those do prove the rest, so should it have made our Author so provident, as not to oppose it. If Abraham paid Tithes to Melchisedec, as in that Epistle, then of duty or bounty; If of duty (for else the Apostles argument were vain) then that is the natural duty, and so no impudency in averring a command to Adam, 
Pag. 169.  which the Penitential next opposed doth infer; which is vindicated from his contempt, by that religious Knight Sir james Sempill; wherefore I pass it.  
The next is the Determination of the University of Oxford, 
Pag. 170.  Anno 1427. against William Russell a Franciscan Friar, adjudging him an Heretic for denying personal Tithes to be due by the Law of God.  
This being produced at large, 
Pag. 174.  is taxed by him as vehement and confident, and the truth of their Sentence is slighted thus, If Russell was therefore an Heretic, doubtless he hath had, and now hath many fellow-heretickes; for thus, many, nay the most of them who curiously inquired herein, and divers Canonists also which are for the Moral right of Praediall and Mixed Tithes, deny that Personal are otherwise due regularly, then as Custom or Law positive which is subject to custom, directs.  
Animad. 22 This censure ill becomes the son of such a mother; neither can the truth of that Sentence be slighted by those, who will judge the Doctrinal denial of any Tithes to be heresy, since the one as the other are due by the Law of God, and by those who will consider how Leutardus in Glaber, 
Hist. lib. 2. c. 11.  how the Mendicants in the Council at Vienna 1340. as p. 166. Wickliff in the Council of Constance, were accounted and condemned for Heretics, for denying the true right of Tithes: Besides the Eustathians, who were condemned in the Council of Gangra for the like opinion of First-fruits: Personal Tithes therefore, being judged equal in right with praedial Tithes, the same judgement of the University of Oxford need not have such names: neithe should it be neglected by those many, who might well conceive none to be more unpartial and able judges, than they were and are; and sure they will not retract that Determination.  
But whereas he saith, Many nay the most of such as most ●uriously enquir● herein, besides divers Canonists are of that opinion:  
By the curious Inquisitors, sure he means the Schoolmen, of whom in the Preface, p ●. he said, This question is handled fully by divers Schoolmen, who, as p. 165. looked further into all they meddled with, than the Canonists could do. Now of their opinion let us hear his own confession, pag. 263. By this first opinion of the School men— no diff rinse is to be made of praedial Mixed, and Personal Tithes, howsoever some scruples about that difference have been needlessly handled by them, for quoad substantiam Decimae— both are equally due; The Moral Law, according to them, designs not out real possessions to be more subject here, then personal profit. The Schoolmen therefore are against Russell, and all those many, even by his confession.  
And although amongst the Canonists, some, who being puzzled with the interpretation of the Canon In aliquibus Regionibus, Extr. de Decimis, cap. 32. out of the Council of Lateran under Innocent the 3. have so taught; yet the ancienter, Innocentius 4. Speculator, etc. as they are cited by him, p. 152. are of other mind, Innocentius 4. making it a wonder to see any deny it: Others, afterwards conforming their opinion to the pleasure of the times and places wherein they practised, admitted the interpretation of the aforesaid Canon against the Divine right of personal Tithes; which, to avoid scandal, was tolerated perforce by the secular Clergy; And by some Monk● not much stood upon in their writings, because usually by Compositions and ordinations, such Tithes were passed to their Vicars in their appropriations, and themselves had no benefit thereof.  
But for conclusion, He that shall consider the first Tithe paid, to be a personal Tithe, as that of Manubiae (if no more) by Abraham, the general claim of all Tithes, Exodus 22. Malachi 3. Deuteronom. 12. and Sanctifica Domino secundum quod donatum, Ecclesiastici. 33. to omit both Fathers and Canons: Besides the reasons, The acknowledgement of God's dominion over me, as well as over mine: The duty of my thankfulness, as well for the increase of my strength and skill, as from my field and cattle; for if Red pluenti, 
August. Ser. de Temp. 219.  red serenanti, Give to him that gives rain, to him that gives fair weather, why not, Red vivificanti, Give to him that gives life; confirmanti, that gives strength, docenti, that gives instruction, benedicenti, that gives a blessing? The care of sustentation of the Ministers, is it not as much by one as other? The expectation of a blessing, is it not alike upon the one as other? Who dare then, through covetousness by maintenance in Doctrine, make his Sacrilege heretical, and undergo the censure of the Church and University as that Russell did? But neither my aim nor leisure is to determine questions; but only to show the rashness of this censure upon the determination of the University of Oxford, to which also her sister Cambridge did subscribe. And only out of it, I will offer this Sentence for a conclusion, Nimis cruenta ac sacrilega isthaec avaritia, quae antiquissimi juris d●cimale debitum solum consuetudini ascribit, & in dubium revocat, ut laborantium victum just exhauriat: Quod Ministris Ecclesiae ad eorum honestam sustentationem firmum persisteret, si decimae possunt ad libitum conferri, & Ius decimandi ex debito non esset? That is too cruel and sacrilegious a covetousness, which doth ascribe the duty of Tithes being of most ancient right to custom alone; and that question them, to take away the maintenance of the labourer, for what certainty should the minister have for his priestly maintenance, if Tithes may be paid at will and if the right of tithing be not of duty?  

175.  From the authorities of particulars, he proceeds to Counsels, and more general assemblies, which defend the divine right.  

Pag. 176.  The Section following is of customs against the right.  
Animad. 23 Of these I may well exclaim, as St. Augustine doth, Vae tibi flumen moris humani quis resistet tibi? 
Confess. lib. 1. cap. 16.  quamdiu non siccaberis? Woe to thee thou flood of custom, who shall resist thee? how long will it be before thou be dried up? or answer with St. Chrysostome, 
Hom. 19 ad pop.  Ne mihi tam aliquis consuetudinem praetendat, propterea enim indignor & irascor quoniam consuetudinem vincere non possum. Let no man object to me custom, for therefore I grieve and am vexed, because I cannot overcome custom: 
De velandis virginibus.  And with powerful Tertullian conclude, Veritas est, cui praescribere non potest, nec spatium temporum, nec patrocinatio personarum, nec privilegium Regionum, Truth is such, as neither the distance of time, nor greatness of persons, nor the privileges of kingdoms can prescribe against. And the reasons of such customs, first, let Alchwin tell, related by him pag. 71. Auara mens hominum decimarum largitati non consentit, The covetous mind, doth not consent to the liberality of Tithes. Secondly, let St. Lewis of France tell, cited by him pag. the next, per malitiam inhabitantium defraudata, defrauded by the malice of inhabitants; Thirdly, let Abbo, as Aimoinus in his life, cap. 8. Quo nos ducit cupiditas dum refrigescit charitas, Whither doth gain drive us when charity is cold? 
P. 177.  Nay, let our Author tell, that the Common Law never gave way herein to the Canon Law.  
Now whether the Canon or common Law ought most to bind the conscience, and in these things ought to be followed, wherein Gods right is pretended, judge any; the Canons being made to direct the conscience, 
Inter Serm. 50. serm. 49.  (which is only subject to their censure) and the Laws to provide the Temporal good of the subject, which may be divers; for, Aliud Ius Fori, aliud Coeli, There is one Law of the Bar, 
In Epitaph. Fabiolae ad Oceanum.  another of heaven, as Saint Augustine: and, Aliae sunt Leges Caesarum, aliae Christi, aliud Papinianus, aliud Paulus praecipit, as Saint Hierome: The Laws of Christ and Caesar are different, and the precepts of Paul and Papinian are not alike. 
P. 193.   
Animad. 24 And so much of Customs: only adding this conjecture concerning the Appropriation to Giseburne by Robert de Bruis, that it may be (for aught he produceth) rather the Founder of that Monastery in King Stephen's time, as he teacheth me, Pag. 309. which was before the Council of Lateran, than any after of that name, to make such an irregular conveyance, when he might not do it (even by the saying of the Lawyers, who pitch the time upon the Council of Lateran, 1215. or of the three Monks, who upon the Council of Lions, 1774.) unless the Pope's authority were obtained, and so it could not be arbitrary to whom alone such privilege was reserved, before the year 1290. upon which he placeth this Appropriation.   

ANIMADVERSIONS on the eighth Chapter.  

P. 196.  IN this Chapter is an industrious collection of the Laws, Counsels, Nationall and Provincial, or by the Pope, Petitions or Bills of Parliament concerning Tithes in this kingdom of England: out of which in the Catalogue many are selected to prove the Divine right.  
And to these may be added; that Law in the time of Augustine the Monk, remembered by Edward the Confessor in his Laws, where speaking of Tithes in particular, he addeth, Haec enim praedicavit beatus Augustinus, & concessa sunt à Rege, Baronibus & populo: These things Saint Augustine preached, and they were granted by the King, the Barons, and the people; this no doubt in a Parliament.  
And in the days of Henry the first, a Council under William the Archbishop, anno 1129. there it is decreed, Decimas sicut Dei summi Dominicas, ex integro reddi praecipimus: We command Tithes fully to be paid, as the Demesnes of God. Ex continuatore Florentij Wigorniensis.  
And in the days of Roger Niger Bishop of London, that Statute between the Archdeacon and Rectors in the city of London, 
In lib. Ms.  where it is said, Detentores Decimarum sententiâ innodentur: Let the deteiners of Tithes be excommunicated. And after, under a Title De Excommunicatione pro Decimis, is this Statute, Tribus verò diebus Dominicis, post Natale Sancti johannis Baptistae, in omnibus Ecclesiis à Capellano annuatim publicè fiat inhibitio sub poena Excommunicationis, ne quis, praediorum sive gardinorum Decimam fructuum asportet, vel asportari faciat nisi primò Ecclesiae Parochiali competenter inde fuerit satisfactum. Other passages under him, are in answer to Mr. Seldens' Preface produced, where this is Englished.  
By remembrance whereof, 
P. 244.  a passage in this Chapter is to be considered, whereby he would sample the custom in London in paying Tithes; Saying, First, before the Acts or Decrees of Roger Niger (as I have heard, saith he, ●hat of the LII. Farthings in Lindwood to have been:) that no Tithes as Tithes, were generally paid in that city.  
Animad. 1 But how untrue that is, observe what is answered against his Preface, ad p. 9, etc.  
Secondly, He cannot but here remember, 
P. 245.  the custom of the Eastern Church thus maintained, chief with offerings or Canonica as they call them, 
jur. Graec-Rom. in Resp. 57  which specially appeareth in the answer of Theodore Balsamon Patriarch of Antioch, to Mark Patriarch of Alexandria, touching the quantity of what was to be offered: He telleth him that no certain quantity is appointed by the Canons, and that through inequality of men's estate (none of them giving any such part to the Church, as that it could discover their ability) which permitteth not a regular certainty, they were contented with what custom, & the bounty of the givers bestowed.  
Animad. 2 Here let him remember how he said pag. 67. that no laws in the Eastern Church do mention them, And in this place observe, how here he supposeth the maintenance of the Clergy there, to be arbitrary and mean. But the State of that Church was as far as I can yet collect, thus. There were Debitae a Laicis primitiae, First fruits due from the Laity, as Nicolaus Grammaticus witnesseth, in his synodal sentence, 
juris Grac. Rom. pag. 269. Ib. p. 121. & 123.  (under which why not Tithes comprehended?) which were styled Canonica by Isaacus, and Alexius Comneni in their Aurea Bulla; and these were a Laicorum quolibet exigendae pro more facultatum cuiusque, ac Reverendissimis Sacerdotibus praestandae, To be exacted of every Lay man, according to his ability, and to be paid to the most reverend Priests: which because the Priests might appoint to be paid, either in money or kind, Cunctis in Locis atque urbibus citra ullum impedimentum obseruarentur, might easily be observed in all cities and places. All this is in that his synodal sentence, who was the first that intermeddled therein. Whence it appeareth how wrongfully our Author calleth them only offerings, and saith, that a regular certainty was not due, when they are Debitae and Exigendae, Due and to be exacted.  
But he followeth Balsamon, whose words are thus by Leunclavius translated, 
〈◊〉 Resp. 57 in ●●b. citat. p. 390.  whereby will appear the liberty of the Priests, to require them, if they had known them, whereas if they were free-will offerings, they might not have required them. The words first of the Question are these, Quae & qualia sunt Canonica quae Sacerdotibus & pontificibus quotannis dantur? What, and of what sort are the Canonica, which are yearly given to the Priests and Bishops? 
Pag. 391.  The words of Balsamons' answer; De quantitate autem quae pro Canonario danda est a plebeijs, Canon's quidem nihil definiunt, verum jussio Inclyti Imperatoris Illius Isaacij Comneni, formam designat quorundam, quae Episcopis dantur a Laicis qui sedes in eorum Dioecesibus stabilierunt: Quoniam rerum irregularitas & indulgentia horum occultavit descriptionem, (multesimam enim eorum partem Episcopo nemo dat) contenti sumus cousuetudine & dantium liberalitate. Concerning the quantity of the Canonicum which is given by the people, the Canons define nothing: But the Edict of Isaacius Comnenus, setteth down a form, what by Lay men of the Dioceses, are given to Bishops. But because the inequality of things, and favour, hath hidden the truth thereof (for Bishops receive not a great part of them) we are contented with custom, and the liberality of the givers. Because they knew not, they were so contented, whereas else they had a regular certainty due.  
So that their case is not like the London Ministers, who demand only the regular part of what is and may be known, even by set rents: Yet also you must observe that this Canonica was for the Bishop alone, unless you will imagine, that as yet no Parochial right was there established, and that all the estate was in the Bishop; which indeed for aught I read is true. Yet that this Canonica was a set quantity is even by the signification of the word certain: Like that in Agobardus his book Contra Insulsam opinionem vulgi de Grandine & Tonitruo, 
Pag. 155.  which the foolish people gave their Tempestarij, those Priests of the witches. Habent Statutum quantum quod de frugibus suis donant & appellant hoc Canonicum, They give them a certain portion of corn which they call Canonicum: which yet there he opposeth to rightful tithing.  
But yet further, by the Aurea Bulla of Isaacus Comnenus, the ancient proportion of the Eastern Church before, is not to be considered; since as Zonaras speaketh of him, 
Annal. tom. 3.  Progressu temporis numen etiam violare ausus, multa Monasterijs consecrata truncavit— Sumptibus necessarijs duntaxat illis relictis, caeteris vero fisco attributis: After, he became impious, he cut off many things consecrate to Monasteries, (which there, were Colleges of Priests) and only leaving them even necessary expenses, he confiscated the rest. But how they have been claimed and named in the Eastern Church, the Greek Authors in the Catalogue may declare, and how at that time at Constantinople Tithes by name were paid; 
Decretal. Epist. lib. 1. p. 83.  Read Innocent the 3. and before him, the testimony of Humbertus, who wrote against the Greeks': and before him, Anastasius the Abbot, who lived about the year 860. who in his bo●ke contra judaeos, saith there, that Laicisolent dare Decimas Sacerdotibus, The Lay-men used to pay Tithes to the Priests.  
And so much for the Maintenance of the Eastern Church, concerning which the Statute of Roger Niger added, gave me occasion to prevent the order of the Author's leaves.  
Animad. 3 Adding this, that where Antoninus is produced, pag. 190. in part. 4. Tit. 11. to justify the general nonpaiment of them in the Eastern Church, as a thing not to be censured to be against God's Law; The Reader must understand, first, that our Author's quotation both there, and pag. 187. is negligently expressed, for it should have been part. 2. Tit. 4. § 6. And secondly, that Antoninus holdeth with the Schoolmen, whose opinion occasioned Customs, and admitteth them. Yet lastly, that they by his opinion, are no further free from censure to do against God's Law in not paying, but only, quia non petat Ecclesia, because the Church to avoid scandal, doth not demand them; which if it did, all the old Schoolmen, and Antonine is of opinion, that then it were sin not to pay. Now concerning the duty of demanding, let me only remember the saying of a moderate Papist, 
In prior Epist. ad Tim. Digres. lib. 2. cap. 8.  Claudius Espencaeus; Simili casu Ecclesia Decimas modo differt exigere, modo simpliciter non petit, si quibus in locis solui non consueverunt, ne fideles inassueti & infirmi incidant in scandalum, aut avertantur à fide. Verum iuri ita suo cedere non semper expedit: ut enim scandalum pusillorum ex infirmitate vel ignorantia ortum totali temporalium dimissione sedandum sit, non tamen ex malitia natum quod Pharisaeorum vocant, nec propter homines malitiosè scandala concitantes, temporalia quorum sumus Domini, tribuenda aut non repetenda; quanto minus quorum sumus depositarij atque conseruatores, sive Reip. Rectores si communia ea fuerint, sive Ecclesiae pastors, si sacra.  
And so I return to vindicate two English Counsels in this Chapter before, from his Exceptions.  

Pag. 197.  The first of Egbert Archbishop of York, who died anno 766. out of his Ms. Excerptions in Thesauro Cottoniano. This Title must undergo censure (quoth he) 1. Because in that Collection some whole constitutions occur in the same syllables as they are in the Capitularies of Charles the Great, which could not be known to Egbert, who died in the last years of Pipin the father to Charles.  
2. Because the words, Secundum Canonicam authoritatem decimas coram testibus dividant, which are quoted in this Canon for Tithes my show these Excerptions not to be so ancient; for the ancientest Canonica authoritas, 
Viti Edit. c. 7. Leg. Longobard. lib. 3 tit. 8. (it should be) 3.  for dividing Tithes before witness, is an old Imperial, attributed in some Editions to the 11. of Charles the great being King of France; In others, to Emperor Lotharius the first: but both these are after Egbert, therefore the Canon not his.  
3. The heads of a Synod under him are extant; but not any express mention is found in them of Tithes, although most of the particulars of Church government are touched.  
Animad. 4 Before I make answer to his Exceptions, the Author and the Reader may take notice out of Bale, 
De script. Brit.  that these Excerptions were not collected by Egbert, but out of him by Hucarius Lenita about the year 1040, qui redegit in compendium constitutiones Egberti, who epitomised the Constitutions of Egbert: Wherefore the first exception well may have answer, and admitteth excuse from the use of the middle times, which often inserted into one body, and under one name, Laws of different Ages, which in this, being written, as he conjectureth, in the days of Henry the first, might happen. But accepting his answer, let us consider whether this Canon be inserted, and of a later brood.  
This he would infer by his second exception, in that the ancientest Canonica authoritas ut dividant coram testibus, is later than Egbert: as by the Canon in two places quoted (being in both the same) doth appear. But if in neither of the quotations there is such authority for such division, to the ornament of the Church, the poor, the Clergy: nor no such word of divisio coram testibus, but only an inquiry between the Parson and Parishioners, coram testibus, before witness, whether they were paid, ubi datae vel non datae, and no word de dividendo: is this then a fit censure? Nay secondly, if an ancienter Canonica authoritas may be showed of dividing coram testibus; as in the Council of Antioch, can. 24. There, sint manifesta quae ad Ecclesiam pertinent cum cognitione Presbyterorum & Diaconorum quae sunt circa eum, ut sciant & non ignorent, let the goods of the Church be known to the Priests and Deacons what they are. But more plainly in the decretal Epistle of Gelasius 1. cap. 29. There, in the division of that to the poor, he saith, Quamuis divinis rationibus se dispensasse monstraturus videretur, tamen, juxta quod scriptum est, ut videant opera vestra, oportet praesenti testificatione praedicari etc. Although he must give an account to God, yet, that men may see your good works, let it be proclaimed before witness. Besides a Canon attributed to the Council at Aruerne Anno 535. Licitum sit Episcopis, praesentibus Presbyteris & Diaconibus, de thesauro Ecelesiae familiae & pauperibus eiusdem Ecclesiae secundum Canonicam institutionem, (note the phrase) juxta quod indiguerint erogare: Let the Bishops in the presence of Priests and Deacons give unto the poor out or the treasure of the Church, and to his family, according to the Canonical constitution, what they need. And this very Canon is repeated in Concilio Turonensi, Anno 813. even under Charlemagne. Where yet, the Canonica institutio hath not reference to the persons before whom, but to the uses upon which. Is not the second therefore a strange exception, wherein neither quotation, nor observation is true? And are not the Excerptions of Egbert wronged?  
As for the third Exception before repeated, it is merely conjectural: And because in such heads in the general word oblations, Offerings, redditus revenue, facultates Ecclesiae, Estate of the Church, and such like, Tithes may be and no doubt were signified, the Exception is very insufficient, being both on conjecture, and from a negative: especially, since he doth not cite any head of a Canon touching Church revenue, which either in general terms, or in particular with an etc. might demonstrate the truth of his relation.  
But a good authority for the justifying of egbert's Excerptions is, for that in the book Statuta Synodorum, that belonged to St Augustine's in Canturbury, written about Anno 900. and collected, before the same words are quoted as out of a former Synod, as himself relateth, pag. 212.  

P●g. 198.  The second Council or Canon to be vindicated, is the Synodus Anglicana ad Ann. 786. under the two Legates of Adrian the first, cited by the century Writers Tom. 8. cap. 9 pag. 583. edition. Basil. 1567.  
The Exception is, for that in the relation of the Legates to the Pope, mention is of Kenulph King of West Saxony his joining with Offa in calling the Council, but the confirmations of the decrees have no reference unto him. But 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 of Brithric next Successor after kenulph's death, Pope Adrian sent his Legates— How could Kenulph be there then as the Legates relate? Therefore after he saith doubtingly, if it be of sufficient credit.  
Animad. 5 But for answer. This Law if of good authority, being a most observable Law, being made with such solemnity by both powers of both States of Mercland and Nor●humberland, which took up a very great part of England, and it is likely it was made general to all England: is only discredited by perhaps, and the relation of some of our Monks (amongst whom, who are quoted, Ethelwerd Lib. 2. cap. 20. saith nothing:) of whose relation and truth, hear what himself saith: Believe the Monks as you will: but ind●ed an exactness here is not easily extracted o●t of the disturbed times of our Chronicles. The Monks of no absolute credit, the time of no exact calculation: and yet there must be a doubt of such a Synod, whereof he giveth this testimony, That it cannot be suspectedly any circumstance in the subscriptions, which being m●ny might have by chance soon got amongst them a character of falsehood, had it not been genuine. If this dealing show not a will of Censure and contradiction in the Author, let the Reader judge But the century writers, for all their infinite pains, as pag. 53. they have ignorance and erring, and ridiculous opinion laid upon them, but unjustly; so here their labour is suspected.  
After these Counsels, 
Num. 4. Pag. 204.  in the fourth number is the Act of King Ethelulph by his Charter inquired of, wherein as Ingulp●us relateth it, he saith, Cum consilio, (not concilio as our Author repe●teth it Episcoporum, ac Principum meorum— affirmantes consensimus ut aliquam portionem terrarum haere ditariam antea possidentibus omnibus gradibus, sive famulis & famulabus Dei, Deo seruientibus, sive Laicis miseris, semper decimam Mansionem ubi minimum sit, tum decimam partem omnium bonorum in libertatem perpetuam donari sanctae Ecclesiae dijudicavi, ut sit tuta & munita ab omnibus secularibus seruitutibus, etc. This is almost in the same words related by Malmesburiensis, who calleth it, Scriptum libertatis Ecclesiarum: Matthew Westminster relateth it, Portionem terrae meae— iure perpetuo possidendam, concedam, decimam scilicet partem terrae meae, ut sit tuta, etc. The Chartularies of Abingdon, whereof one hath this Title, Quomodo Adelulfus Rex dedit decimam Regni sui Ecclesiis, hath it thus, Perfeci, ut decimam partem terrarum per Regnum nostrum, non solum Ecclesiis darem, verùm etiam & Ministris nostris in eadem constitutis, in perpetuam libertatem habere concessimus, etc.  
Ingulphus to the Charter related by him, adds, That by the free consent of the Bishops, and Princes that were under him, of all the Provinces of England, Tunc primò cum Decimis omnium terrarum ac bonorum aliorum, sive catallorum universam dotavit Ecclesiam Anglicanam, per suum Reginm chirographum.  
Since out of the Charter it is hard to collect, what the exact meaning was; yet by the words of Ingulphus, he doth conjecture pag. 206. that the purpose of the Charter was to make a general grant of Tithes payable freely, because it seems before, that the payment of all Tithes had commonly been omitted, Pag. 207.  
Animad. 6 But that this Grant was of the tenth part of Lands, not of Tithes properly, besides the words of the Charters, which do naturally bear that sense: Observe these Reasons and authorities.  
First, Etheluph could not give that first, which was given before; But Ethelbert and his Parliament gave them upon the preaching of Augustine the Monk, above 200. years before, as I have produced in the beginning of this Chapter: King Offa of Mercland grants them, in subscribing to the Council before, Pag. 201. as also Aelfwold King of Northumberland, when he and his Nobles, and people, to whom the Canon was proposed, See in omnibus custodire devouerunt, Pag. 200.  
Whence also a second reason doth proceed, since those Kings gave Tithes properly, and that not only themselves, but also in their subjects, and so should give more than Etheluph, who gave but this Decima of his own land of inheritance: which may appear, for that he passeth it only per Regium Chirographum by his royal Charter alone, and no Act of Parliament; and De omni possessione sua, saith Ethelwerd; and by the word hereditariam in the Charter, and in his Testament in Florence of Worcester, and by some other conjectures. But Ethelulph in this Grant is magnified, as doing some Extraordinary thing, for therefore King Edgar in his Oration to the Clergy, relating the bounty of his Ancestors to the Church, 
Alred. Rhievall in Biblioth. Patr. Tom. 13. p. 154.  saith Proanus meus ut scit is totam terram suam Ecclesiis & Monasteriis decimavit, And Malmesburiensis, de gestis Pontificum lib. 2. pag. 242. saith, Tum vero palam erat, quod eum spiritualis Philosophia docuisset, dum magis famulorum Dei quam suis utilitatibus prospiciens, omne Regnum suum Deo decimaret. In this appeared the fruit of his Monastic profession, in that he gave this, And in commendation hereof write many other. Therefore this was more than Tithes.  
Thirdly, Ethelulph need not have asked the consent of his Bishops and Nobles, to give Tithes out of his own lands, though it might seem requisite to convey so much land; therefore it was some greater matter than Tithes.  
Fourthly, Ethelulph gave such a Decima which was liable, not only to Taxes and Exactions of State then, but also to that Trimoda necessitas, of Pontis Extructio, Expeditio & arcis munitio, But lands only I suppose, and not annual profits were liable to such service; Therefore his Charter was of Lands.  
Besides fifthly, against our Author, if then Ethelulph gave the Tithes of praedial and mixed profits, and the Tithe of every man's personal possessions, were at that time also included in the gift; then how could there be any newly consecrated Tithes after, as out of Chartularies, in his eleventh chapter he would prove, since all were now given.  
Sixtly, If Monasteries and Nunneries (for so the Charter and Edgar's speech do express) at that time did not enjoy Tithes than it is not probable he gave them. But in all his History, he hath proposed none, nay presupposeth none to have been long after that time, no not annexed to Parish Churches. Therefore he gave them not.  
But to pass from reason to authority;  
Asser Menevensis lived in alfred's time, the son of this Ethelulph, 
De gestis Alfredi.  and was his Tutor: He re●ateth it thu●; Ethelulphus Rex decimam totiuns regni sui partem ab omni Regali seruitio & tributo liberavit, etc. In the same words wherein Florence of Worcester, and Hoveden follow him, and he might best know the truth and express it. But let Ethelulph himself be his own interpreter, first in a Charter of his, concerning land given to Diuma, than Bishop of Rochester, where the words are, 
In Textu Roffens. & in chart. Epise. Roffens.  Ego Ethelwolfus Rex Occidentalium Saxonum necnon & Cantuariorum pro decimatione agrorum quam Deo donante caeteris Ministris meis facere decrevi, Tibi Diumae Ministro meo dabo unam villam quod nos Saxonice An Haga dicimus in Meridie Castelli Hrobi, & decem iugera a meridiana plaga villuli illius adiacentia— quod hoc ipsum tibi adhibendum & possidendum concedendo mandamus, ut post dies tuos cuicunque haeredi tibi placuerit derelinquendam cum plena libertate habeas potestatem. Anno 855. Indict. 3. hoc est, divina gratia largiente qua●do ultra mare Romam perrexi, In this it is manifest that lands, and not Tithes were given to Diuma, for the tithing he intended to give to other his Bishops. So that whether this Pro decimatione, be for his part of the Tithe, or in am of his Tithes, Tithes properly and in kind were not given; it would be rather a Commutation then Donation: But neither this Land given pro Decimatione Agrorum, is not perpetually annexed to him or his Church, but that he might freely pass it away, cuicunque haeredi volverit, to whom he pleased.  
2. Let Ethelulphs' W●ll and Testament related by Florence of Worcester ad annum 855 be considered, whence some words of the Charter, (sive Laicis miseris semper Decimam mansionem) may have interpretation, and by them the rest: The words are, Pro utilitate animae suae— per omnem haereditariam terram suam semper in Decem Manentibus unum pauperem, aut indigenam, aut peregrinum, cibo, potu vestimento, successoribus suis usque ad ultimum diem judicij post se pascere praecepit; so then, Decima Mansio was Real and continual: why therefore the words, Aliqua portio terraram, whereof the other design but a part, should be but annual?  
And then if it be considered that the same Ethelulph was a Monk, nay as by others it is related, even a Bishop; and by this manifested quod eum spiritualis Philosophia docuisset, that he well expressed his Monastic learning, besides the reason he gives, to obtain victory of his enemies, and of his soul's health; I hope it will not seem so unprobable, since King Offa, who had less reason, gave the tenth part of his Estate, as our Author here citeth out of Polydore Virgil, and Alured the son of this Ethelulph gave the 4. part of his state unto them, as Asser Menevensis, 
De gest. Alfred.  and Malmesbury de gest. Reg. Ang. lib. 2. cap. 4. testify.  
And lastly, if we consider that the words of all the Authors, who anciently express it, (even those of Ingulphus Cum Decimis omnium terrarum ac bonorum aliorum sive catallorum, etc.) do in the natural signification import, no emanation, but partition; neither can by any other sense, but in the donation of lands, agree amongst themselves, and with other Authors and Charters: And further, it being understood, that the reason of sending the Charters to be published in every Parish Church, was, that they might take notice of the Service and Prayers which by this Charter he enjoined to be said for him in all Churches: I hope my opinion (whereto both that worthy Minister of Christ john Fox and his and our unworthy adversary the jesuit Parsons, 
In his 3. Conversions.  both well skilled in the Stories of our Country, do give express testimony) may not be thought unprobable, if not true.  
And this only for the Chapter of Laws; giving notice to Mr. Selden, that part of the Preface cited out of Statuta Synodorum, a book so called by him, pag. 211. Hae sunt quatuor principales Synodi, etc. are in the Preface of Isidore to his Edition set out by jacobus Merlinus.   

ANIMADVERSIONS on the ninth Chapter.  

Pag. 249.  THe next Chapter making entrance to the Practice, beginneth with the consideration of the original of Parishes; and that first, in the Britons time. Where first, he presenteth with scorn the Tale of S. Augustine the Monk his preaching at Cometon in Oxfordshire, and of the Parson there: Of which in the next Chapter.  
Num. 1 The next is of Dubritius first Bishop of Landaffe, out of the ancient Monuments of that Church; of the gift of Churches with Tithes to him about the year 490. But here supposing no Parishes at that time, he thinketh the Author, whose writing he judgeth not above 400. years old, spoke according to the style of his time.  
Animad. 1 But that here, as in France were Churches, cum appenditijs & cum decimis, is probable. And that there were in France the Testament of S. Remigius, 
Hist. Rhemens. lib. 1. cap. 18.  who was ordered Bishop anno 470. in Flodoardus may witness; and long before that, was the division of Parishes by Pope Dionysius. And that before S. Augustine the Monk, here were Churches, the phrase of Ecclesias fabricandi vel restaurandi, 
Histor. l. 1. c. 26.  of building or repairing Churches, in Beda, speaking of their request to the King, may insinuate; which whether they were Parish Churches or no, I know not. Yet I could be willing that Monument, as that of that Church (called I think Tile from S. Teliau the next successor of Dubritius) might be freed from falsehood, though in the argument against him, it availeth me nothing, whether they were so soon annexed to Parish Church or Bishop, since in both, the possession of the Clergy is defended. Churches were given to Monasteries before the year 600, 
Post chron. Casinens. p. 769. & 790.  as in Italy by one Tertullus to the Monastery in Monte Casini, in the 5. year of justinus the Emperor, olympiad 326. This grant was confirmed after by Gregory the great.  
Num. 2 Next for the time of the Saxons, he saith, that in S. Augustine's time there were no Parochial Churches, nor for a hundred years after: and this he conjectureth out of Bede.  
Concerning this, I will maintain no controversy; 
256.  Though his reason opposed to the opinion of Archbishop Parker, or Mr. josceline, who thought Honorius the fourth Successor of Augustine did distinguish Parishes, be vain: Num. 3 Because (saith he) it could not extend to all his Province, 
258.  Sussex being not converted.  
Animad. 2 What then? Might not he be said to distinguish all his Province then, because he did not Sussex, for that that was not of his Province? No Provincial jurisdiction without Christianity; but therein not until after Honorius time Christianity was embraced: therefore the reason is frivolous. But whether Honorius divided Parishes as now they be, or only bishoprics, as he would have it, I will not interpose my slender judgement, though I may well be persuaded, that great Antiquary Mr. josceline, or the most reverend and learned Archbishop (to whose pains and care we own the preservation of many excellent Monuments of our Kingdom) neither wanted books to search, nor faithfulness to relate what they found; who is also followed by the Father of English Antiquity, venerable M. Camden in his Britannia: But not to seem partial, I proceed.  
Num. 4 In the next Section, he guesseth at the Original of Parish Churches to be in Lay Foundations: Whereto, 
259.  for the encouragement of the devotion of the Founder, the Bishops had reason not to be unwilling to restrain from the public treasury of the Diocese, the offerings which out of that territory was thither brought, to the particular benefit of the Incumbent. This is probable, as before in the Original of Parishes elsewhere.  
But, where he saith, That both the limits and the persons that should repair thither, and offer there, were assigned by the Founder, they being his Tenants and Family: And that according to his Demesnes was the circuit of the Parish;  
Animad. 3 This doubtless is false: For since that, even according to the Capitulars, each Parish was to have his Terminum de quibus Villis Decimas recipiant, Limits of what Villages they must receive Tithes; and this by Imperial command: Surely this was in no country an Act of private Founders, who had nothing to do in the Execution of such commands, but the Bishop had, as before is proved. But is it likely that the Founder's demesnes were limits of Parishes? Then hence these improbabilities in this our Kingdom would arise.  
1. That in those Shires of equal extent where are fewest Parishes were the greatest Lords. 2. That all land in a Parish must have belonged to one Lord. 3. That Lordships should not extend to adjoining Parishes, without the Parish to whose Church they are annexed, should therein acknowledge the Founder's Church for the Mother. 4. That then no more Lords than Founders, nay fewer, because some Founder's might, and did build more Churches than one; and Kings being general Lords might build many. 5. And lastly, the ancient Churches before these Lay foundations (they being not until the year 700.) and yet for Divine Service multiplied, must be thought pulled down, or else these Lay Founders must not have the general privilege. But he that should confess Churches built every where for the conveniency of assemblies (as himself confesseth, pag. 250.) from the beginning of Christianity, might well imagine these to become Parochial, and for the particular exercise of the cure of souls, that from stipendary salaries (wherein the Bishop had care imposed upon him) a restrained means issuing out of such territory, to be assigned by him, who had assigned the people to his government, to be ordered; and that was the Bishop. The Founders dedicated such houses to God, at the entreaty, or by the consent of the Bishop, more for devotion then honour, resigning up all their right, and renouncing all civil and natural use of the said place, leaving in the hands of the Bishop, God's vicegerent in this business, both the Fabric and Dowry to be disposed by him. This in other Countries is manifest before, ad pag. 83.  
He proceedeth to inquire the time, 
261.  when these Lay foundations began, and findeth none here before the year 700. and that but one of Earl Puch in Beda: Then in the year 800. many appropriate to Crowland, and so after. After, 
262  by occasion of the Law of Edgar, he relateth of Mortuaries; of the characters of a Parish Church to have baptisterium, and sepulturam.  
Animad. 4 Now because to make a Church Baptismal, only belonged to the Bishop in other countries, as in Concil. in palate. Vernis, is before specified, and the right of a burial place did first belong to the Cathedral Church, as in Concil. Tribur. cap. 15. to whose assignation may you think the Churches and Parishes did belong? For herein the custom of our kingdom, and of others was not different.  
And at last he confesseth, that some Parishes have had other beginning since, from alterations made in regard of the inconveniences of the former limits, and this by direction and authority both of the Popes and Bishops, and he addeth, from the King. The example of this latter is, how the King being requested by Ralph Nevil Bishop of Chichester, 
267.  and Chancellor of England, that the Church of Saint Peter in Chichester, being poor, and having but two Parishioners, might be pulled down, and the two Parishioners be adjoined to another Parish there.  
Animad. 5 The King granteth it; for that either he might be Patron, and so have a right of Patronage, to the extinguishing whereof he must needs consent; or, as King, have a consent to such actions, wherein by Escheat, or other casualty, the Patronage might have reverted unto him: or for that, as at the foundation he granted a leave of Mortmain, so in the dissolution he might give leave to any thing, that might prejudice his former Act, and especially to the union of Parishes, as to many Appropriations also his licence seemed necessary, as appeareth by some Evidences in our Chartularies.   

ANIMADVERSIONS on the tenth Chapter.  

P. 269.  NOw he cometh to show the practice of Tithing. And first, the natural practice of Pagans here. Of Cedwalla before his conversion, in tithing the spoils of war, out of William of Malmesbury, whose credit he would lessen, because Beda, not remembering the tithing, maketh another relation. The second of the German Saxons, of tithing the tenth Slave to be drowned, 
Lib. 8. ep. 6.  out of Sidonius Apollinaris.  
The story of Cedwalla, and the difference of Beda, and the Monk of Malmesbury, enter him into a consideration, how Decima in Tithing may signify a greater or lesser proportion: Concerning which he bringeth two examples.  

P. 271.  The first of King Athelstan, who gave to Saint john of Beverley four Thraves of corn of every ploughland, which were payable before unto the King's avenary, by custom of the country. And yet in a Bull of one of the Pope Gregory's, as he supposeth, the ninth: this is called Decimae, whereas they are too little to be near a Tenth.  
Animad. 1 In this and others, I can only guess what is the meaning, neither certainly knowing what quantity of Land was a Ploughland, or what number of sheaves was a Thrave, nor whether they, by composition received it, nomine Decimae, which is most probable, in that it was according to the quantity of Land, not of increase, whereas of a Ploughland but few acres might be sown, and all were not to yield continually a greater Tithe due then four Thraves: Or whether by the name of a Bull so long after, the Monks intended a new occasion to enhance the gift, since by this authority they might pretend, in the Donors' mind, it was in proportion to a Tithe. If the words of the Bull had been expressed, other conjecture or answer might have been framed; though from this example truly granted, being but one, no prejudice may arise to the cause in hand, unless it had been usual, which he doth not declare.  
Yet one example more; And that of one Robert de Hesel, 
P. 272.  to the Monastery of Giseburne, where he giveth Duas garbas de Tota terra quam de Novo colui in Territorio de Hesel, postquam illam tenui▪ aut quam ego de caetero colam aut haeredes mei, ita ut Decimatio haec cedat in fabricationem Ecclesiae novae de Giseburne, Two Garbas of all his land, which he newly tilled, in the Territory of Hesel, since he held it, & as long as he and his heirs shall hold it; so that this Tithe may be employed to the building of the new Church of Giseburne: Here (saith he) the gift of the two sheaves is called Decimatio.  
Animad. 2 If by reading the private Chartularies of the Church of Rochester, I had not found small gifts, as of an Halfpenny, of an Egg, and such like, even by Charter conveyed unto Monasteries, I should wonder at the gift of two sheaves to a Monastery: Yet because upon the small value of an Halfpenny or an Egg, being given as Quittrent, there was some dependence of greater possibility, by the whole Escheating, unto the Monastery which was seized by the rent, the gift was not so contemptible. But according to his interpretation of this particular grant; to give two sheaves for Tithe (which was then scarce worth an Halfpenny) and for that to order such an employment, as to build a new Church, which will not buy a stone, seemeth to me not so pious as ridiculous. And therefore some other senses are to be sought, which both out of the signification of Garbas, and also the regard to the number Duas may be conjectured. For although Garba, with addition of frumenti, or such like special name of Corn, is sometimes understood by a Sheafe, yet without addition, it signifieth all corn that is sheafed, as in all compositions, Decimas Garbarum, for all Corn, Coppas Garbarum, and such other terms: so that calling it Decimatio, and only naming Duas Garbas, It may well be Decimatio duarum garbarum, the tithing of the two grains Wheat and Rye, which only every where are sheafed. But rather from the number Duas, having respect to Decimatio, and to the employment, the Forma Collationis, why not Duas Garbas, two sheaves of ten, which is dupla Decimatio, or Decimatio duarum Garbarum, a double Tithe; a fit proportion for such a purpose, especially being only of new improved Land, De terra quam colui de novo, and that might not be much in that Parish. Herein because I neither see the Mss. nor am skilful in the Husbandry of those times, I can only conjecture, and that if not probably (which I leave to the Reader) yet lawfully I may, to reduce a straggling example of phrase, to the common rule of practice, by a fit sense.  

Num. 2. P. 272.  But now to the practice. And first the tale of S. Augustine the Monk, and the Parson of Cometon in Oxford shire, and the miracle of one raised from death, certifying of the payment of Tithes, circa Annum Domini 330. is scornfully rejected, and the payment even in S. Augustine's time, is denied to have been usual, so that the Lord of the Manor might be justly taxed.  
Animad. 3 The Narration is fabulous, and although it be so anciently related, as 400. years ago, and countenanced with such a Margin to johannes Anglicus his Aurea Historia, in the public Library of Oxford, proving the possibility, because Nulli dubium est, quod nunqu●m Anglorum durae ceruices Christi iugo se submisissent, nisi per magna miracula sibi divinitus ostensa, It is not to be doubted, that the stiffnecked English men would ever have submitted their necks to the yoke of Christ, but only by great miracles wrought from God: Yet for the substance concerning Tithes, it is true, that both in the year 330. or 340. Tithes were here paid, 
In vita Sancti Augustini.  and that in S. Augustine's time, the payment was usual among other good Christians, so that the Lord of the Manor was justly taxed. For the payment of Tithes here to the Clergy (for Capgraue doth call him only Presbyter) because as himself pag. 249. truly saith, it is likely, that in those times, the custom of this Island, should not differ from what was uniformly received, through those parts of Christendom, whereof we have left Testimony remaining: Since therefore the 2. Council at Mascon saith, Christianorum (not only Francorum Congeries) longis temporibus custodivit intemeratas, The number of christians, for long times, hath kept inviolable, the laws of God, concerning tithing, and those long times, may extend hitherto; as by the testimony of S. Augustine and S. Chrysostome appeareth; why not therefore here, since Christian religion was then defended by Christian kings, the Roman Christian Emperors then governing this Kingdom as a Province.  
But as for S. Augustine the Monks time, the Laws of king Edward (besides the authorities produced by himself, pag. 276, make it plain) That King in his Law for tithing, specifying several kinds of Tithe, and ordaining punishment for the detainers, that Qui eam detinuerit per justitiam Episcopi, & Regis, si necesse fuerit ad redditionem arguatur: He addeth, Haec enim praedicavit Beatus Augustinus & concessa sunt à Rege, Baronibus & populo: These things were preached by S. Augustine, and were granted by the King, and Barons, and people: Well therefore might the Lord of the Manor be blamed to resist an Act of Parliament. And so our Author also, who it seems over-saw, or would not see, this important Testimony, as may appear, since both he citeth the words to other purpose, pag. 225. and the words next following he censureth, pag. 279. But to confirm this, besides the Law of alfred, which he saith, supposeth some former Law to precede, pag. 203. me thinks the phrase of Canutus in his Epistle pag. 278. where he calleth a Law of tithing, Antiquam Legem, The old Law: and another before him in the Law of Ethelred, cited pag. 223. Sicut praedecessores nostri concesserunt, As our predecessors have granted; may have reference hither. To which I could add that, in the Charter of Henry the 1. of certain Churches to the Monastery of Rochester, 
In Textu Rossens.  reckoning up the Tithes and profits given, he saith by comparison, Sicut Middletunam Sanctus Augustinus melius habuit tempore patris mei, As S. Augustine had Middletune in the time of my father. But here, not the Man, but Monastery must be understood, as by the designation of a time, Tempore patris mei, so by the use of those times, calling the Monastery by the Saint's name, as that Charter is Sancto Andreae: But chief it appears, pag. 321. of the Author's book, where Middletune was so given by the father of Henry the first to the Abbey of S. Augustine's in Canterbury. Neither yet here should the practise of our Country in payment of Tithes be omitted, which Boniface of Mentz in his Epistle to Cuthbert Archbishop of Canterbury, circa ann. 750. relates, 
Epist. 105.  where he chideth the English Clergy, quod, Lac & lanas ovium Christi oblationibus quotidianis, ac Decimis fidelium suscipiunt, & curam gregis Domini deponunt, They Tithe, but teach not. Here therefore was tithing not long after S. Augustine's time.  

Pag. 276.  But from this Tale of S. Augustine's, he proceeds to other practice.  
In S. Cadoes life in S. Augustine's time, where it is said, Qui decimaverit debet dividere in tres parts; primam dabit confessori, secundam Altari, tertiam orantibus pro eo.  
Then of Bishop Eadbert his giving a Tenth to the poor, out of Beda lib. 4. cap. 29.  

Pag. 277.  Then of the Council at Celichyth, where the Tenth of the Estate of every Bishop dying, was commanded to be given to the poor.  

Pag. 278.  After by King Knouts Epistle a general payment seems to be supposed.  
Yet in Edward the Confessors time the common practice is confessed to be disused by the instinct of the devil, 
Pag. 279.  though he cavil at this Addition to the Law. Yet that in his time Tithes were annexed to the Church, appeareth in his charter, confirming the gift of the Manor of Levesham etc. to the Church of St. Peter of Gant, sita in Monte Blandinio, 
Ex Registro Episcopi Roffens.  H●e saith, cum Ecclesiis Caemiterijs, Decimis etc.  
Howsoever in the conquerors time there was, saith he, a great disuse, nay no due, which he would prove, because in Dom●sday Book, there being often remembered, Ibi Ecclesia & Presbyter, and his Hides of land numbered, and in some places Decima named, and the places from whence: that now here, but where Tithes are named with Churches they were neither due nor paid:  
Animad. 4 Which how it can agree with the practice confessed in Canutus time, let the Reader judge. But for answer: since the Laws and Constitutions of England, before the conquerors time, were so many and with such censures and penalties, the descriptions of doomsday Book, in omitting somewhere, and somewhere not, should be no argument of Tithes not being due, or not paid, but only of the diligence or opinions of the several inquisitors in the several Counties, some thinking the Tithes to be inquirable, and some not: for in all places, even the Churches are not specified, though we may well praesuppose them to have been: But, that they were annexed to Churches then, The judgement in William Rufus his time, cited by him pag. 416. may show, namely, That there should be restored upon the judgement for the Abbey of Fischamp, whatsoever post mortem Regis after the death of the King, was due in Decimis, & Sepulturis, & Offrendis, in Tithes, and Burials, and Offerings: here Tithes are specified though not in doomsday book, Many chartularies of that time remember Tithes which are not in Dom●sday book, Videses Chartular. Ecclesiae Cantuariens. per Thomam Spot sive Sprot, citata pag. 321. & deinceps. But the practice both before and after might declare it.  

Pag. 282.  Since in the next place he remembreth, how immediately after the Conquest, were both Appropriations, Ecclesiaecum Decimis: The claim of Tithes, in the time of Henry the first, calling it Provinciae consuetudo, the custom of the Country: The manner of paying about Abingdon, aut ut Lege praecipitur, either as by Law it is commanded, or 40. sheaves de Hidagio, 
Addit ad Conc. ●ater p 4●4. Pag. 283. Extr. de Decim. cap. 5. pervenit. Inc. commissum est. In Addit. Conc. Lat. p. 48. c. 1.  as in the chartulary of Abingdon: That it was called by Alexander 3. Generalis Ecclesiae Anglicanae Institutio, the general use of the Church of England: That the phrase was here, Decimas Parochiani consueverunt Ecclesiis persoluere, laudabilis consuetudo, The Parishioners used to pay to the Church, it is a laudable custom: That Parochial payment was a known right as Adrian 4. That Tithes de jure communi pertinent ad Ecclesiam of common right belong unto the Church, by Pope Honorius Legate; Anno 1220.  
Animad. 5 Yet for all these, most plain and evident proofs, so studiously and pertinently collected, yet conclude not (saith he) for practise: Then, out of what premises may we draw a conclusion, if from general custom we may not draw practice? But we must expect, the observation of the Examples in the next chapter; where we shall find nothing to cross this, but only a Collection of grants, made by the consents of Bishops, who Canonically might agree to the breach of this common custom by a special Translation to one Monastery or other.  

Pag. 284.  He objecteth, even in the eleventh of Henry the third, That the King makes a special grant of Tithes of Hay and Milles to be paid out of his Demesnes, which therefore, it seems, before were not.  
Animad. 6 Yet before, they were due, nay paid though discontinued: which the words of Alexander 3. in his Canon, 
Extr. tit. de Decimis c. 5. pernenit.  in the next page before, by himself alleged, may infer, which are, Decimas bonorum suorum consueverunt Ecclesiis quibus debentur cum integritate persoluere, nunc tam laudabili consuetudine praetermissa, quidam ex ijs, de Lana, & de Foeno, & de proventibus Molendinorum, & Piscariarum, Decimas ipsis Ecclesiis subtrahere non verentur: They were wont fully to pay the Tithes of their goods to the Churches, to which they were due: Now this laudable custom being omitted, some of them dare withhold their Tithes of Wool, and Hay, of profit of Mills and Fishing from their Churches. This Canon, (if not some private exhortation by a succeeding Pope) might occasion that Grant by that King, since this was directed to the Archbishop of Canterbury and his Suffragans, that is, to himself, and the Bishops of his Province: 
P. 283.  (though our Author fraudulently interpret it, Diocese, thereby to restrain the generality of the laudable Custom; as contrariwise, pag. 290. in an Epistle of Innocent the third, he interpreteth Diocese by Province, to dilate the abusive practice of a few) The King therefore being in the Province, might be as some others defective herein, and so in his Demesnes such payment was only discontinued though before they were paid. And the petition in Parliament by the Parson of Gillingham against the King for Tithe of Hay in Forests, in the 6. Edward. 1. cited by him after, may well infer it, where he claimeth the payment of Tithe Hay, by Debentur iure communi, as due of common Right, and no special Grant, even of the King.  
But after this, 
P. 288.  the Author acknowledgeth the common practice and Right, where some Statute had not made a discharge, or prescription or custom had not settled a Modus decimandi.  
He further inquires, when this Parochial right began, persuading himself that it was not until after the Council of Lions under Gregory the tenth, by the authority of the three Monks, cited and answered before. Ad pag. 147. and by the saying of the Common Lawyers, That until the Council of Lateran, each man might pay his Tithes whither he would. 
P. 292.   
And therefore after, 
Pag. 289.  he would interpret those manifold testimonies of general Customs, to be concerning Laws, not practise: But all is to make way for his Arbitrary consecrations; all which in their true sense shall be granted him, and the Parochial right, not at the alone will of the Patron or Parishioners, shall appear to have been disturbed.  

P. 290. Epist. Decret. lib. 2. p. 452.  Innocent the third his Decretal Epistle is cited, to show the use of many, qui Decimas pro sua voluntate distribuunt, who dispose of Tithes as they list: And this he would pretend to have been general, and not to have been done by the wayward opposition of some only, against the received and allowed Laws of this Kingdom.  
Animad. 7 But this was the fact of wayward and perverse men, who crossed the Ecclesiastical and Common law, which did not then allow such voluntary distribution, which he saith was clearly good but such were thought clearly Irritae, Void, if from the Lay Patron alone, without consent both of Ordinary and Incumbent, if the Church were full. And that they were so froward, may appear, by the Notice the Pope took of them, pervenit ad audientiam nostram, by the Reason he made against them, Inconueniens & à ratione dissimile est: It is unfit and unreasonable, that he that soweth Spiritual things, should not reap carnal things; by the Order he took for them, upon contumacy, that censure should be inflicted; and that the Archbishop should ordinare quod Canonicum, ordain what was agreeable to the Canons, which were the Laws of Tithes, notwithstanding any Custom against that which was Canonicum.  
As for his dream, rather than opinion of Rentz-charge in Tithes conveyed to Monasteries about that time, he can never prove.  
Animad. 8 But for satisfaction to our Author, who in all the remainder of this Chapter, would make the saying of the Lawyers to have reference only to the Council of Lateran under Innocent the third, Anno 1215. or to that Decretal Epistle before, about that time: Until when, say they, men might give their Tithes to what Parish or Monastery they would. Let him consider, that if Tithes so given to Monasteries, were reclaimed by demand, by authority of a Council at Lateran, before that Council; then that Council cannot be meant by the Lawyers, if they speak true: But, that so it was, is manifest, for amongst the Muniments of the Church of Rochester, there is an agreement (under seal both on the Monks and Bishop's part) between Gil●ert Glanuill Bishop of Rochester, and the Prior and Covent there, (after a long suit in the Court of Rome) upon certain demands on each part, whereof one for the Bishop is thus; Tertio, mou●mu● ijs quaestionem, 
Chart. Roffens. Ecclesiae.  de Decimis quam suis quam alijs, & pensionibus, quas de Ecclesiis in Episcopatu Roffensi constitutis, contra Concilium Lateranense, & citra authoritatem Episcopalem percipere non verentur; Thirdly, we questioned them for Tithes, both their own and others, and for pensions, which they presume to receive of the Churches, in the Diocese of Rochester, contrary to the Council of Lateran, and without the Bishop's authority. This Record is without Date, yet this Bishop even died before that Council 1215. And yet after this Agreement, confirmed all the Tithes in particular, collated by Gundulphus and his successors to that Monastery, and did many Acts of favour. Tithes therefore before that Council reclaimed, and by the authority of a former Council at Lateran: both which do cross his surmise of the Lawyer's sense, which better may be referred to that under Alexander the third, and so be understood of Feodall Tithes, and agree with the speech of Lindwood cited pag. 293. 
Tit. de locat. & conduct. c. licea V portiones.  Ante illud Concilium bene potuerunt Laici Decimas in feudum retinere, & eas alteri Ecclesiae vel Monasterio dare; non tamen post tempus dicti Concilij, Before that Council (under Alexander the third) Lay men might well retain Feodall Tithes, and give them to another Church or Monastery, but not after the time of that Council. And with this my Observation I pass to his next Chapter.   

ANIMADVERSIONS on the eleventh Chapter.  
THe former part of this Chapter, is a collection out of select Chartularies of divers Monasteries, concerning the conveyances by Lay Patrons, of portions of Tithes to several religious houses.  
Whereby his intention is to prove, In some, how they did pass Tithes newly created: In other, how they did consecrate without consent of the Bishop: In all, how Lay Patrons did intermeddle in the disposition of Tithes as of other inheritance: for observe the Title or summary of this Chapter. arbitrary consecrations of Tithes 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.  
Animad. 1 In particular to examine all were needless, and for me inconvenient, who must guess at what I have not seen. Yet for general answers, let the Reader observe these.  
1. That the right of the Patron, to give consent by Charter to the passing away of Tithes, both his own and Tenants, in part and all, and to divide them from the Church of his foundation, is not denied; and is proved by all those Chartularies. The question therefore is not, whether the Patron did it, but whether he alone did fully and lawfully, without farther consent and confirmation, give interest sufficient to the possession.  
2. Secular and Ecclesiastical Laws had commanded the payment of Tithes: The custom of payment was general: How then was there any newly created Tithes not due, not paid before, though it might be through disusance or usurpation detained, or by composition, nomine decimae altered?  
3. No Religious house nor Churchman, durst receive any Tithes of a Lay-man, without consent of the Bishop, for the Donationes were Irritae, and themselves censured. 
Pag. 375.  Read his own quotations of the Nationall Council at Westminster under Anselme, ann. 3. Henrici 1. and of another under Cardinal john de Crema, ann. 25. Henrici 1. To which add another, 
Ex continuat. Florentij Wigor. ad ann. 1129.  under William the Archbishop, anno 1129.  nulla persona, Ecclesias vel Decimas, seu quaelibet alia Ecclesiastica Beneficia, det vel accipiat sine consensu & authoritate Episcopali Canonica authoritate vetamus, We forbidden by Canonical authority, that no person without consent and authority of the Bishop, receive or give Churches or Tithes, or other Church Benefices: To omit the many Epistles of Paschalis 2. So then, 
Apud Anselm. lib. 3. Epist.  no receiving without consent therefore no giving.  
4. The phrases of many of the Charters proposed are, De omnibus unde Decimae dantur, Of all whereof Tithes are given. Quae Parochiani debent reddere suae matri Ecclesiae, Which Parishioners ought to pay to their mother Church. De quibus Decimae dari solent, Of what Tithes are wont to be paid. De quibus Decima danda est & datur, Of what Tithes are and aught to be paid. Rectam Decimam de quibus Decimae dari solent, A true Tithe whereof Tithes are wont to be paid. Vndecunque Decimae Sanctae Ecclesiae spectant vel provenire debent tam maiores quam minores, Whence soever Tithes may belong or accrue to holy Church, both small and great. Terram cum Decimis, Land with the Tithes thereof. All these plainly show these Tithes which were consecrated, not to be newly created Tithes; and by these the rest may be conceived.  
5. Some of their confirmations by Bishops and Popes are produced, wherein their Damus and Concedimus, show their consent and authority; and the phrase in the later confirmations of justé & Canonicè possidetis, showeth the former conveyance to have been so; for so justè & Canonicè is interpreted by Petrus Cluniacensis, as his authority is applied ad pag. 75. 
Lib. 1. Ep. 28.  and so Canonicè after doth signify, in the confirmation of portions to Rochester by the Church of Canterbury. 
Post Chartan● Gundulph.   
Yet in particular, to examine two Chartularies, whereout only, he maketh inferences of new created Tithes.  

Pag. 302.  The first out of the chartulary of Abingdon. In the gift of the Tithes of Offington to that Monastery: the Parishioners entreating the Abbot of Abbingdon to receive their Tithes: He asked, whether anciently the Tithe of that town were not given to the Church? And they answered, Hoc esse moris Villae, ut à singula virgata Ecclesiae illi 24. garbae pro Decima numeratae donarentur, This is the manner of that Village, that 24 sheaves of every yard-land are paid for the Tithe to that Church. Hence he infers, Here plainly no Tithe was Parochially paid before this Grant, but only 24. sheaves of every Yard land.  
Animad. 2 But yet these were pro Decima, at first, by way of composition; though therefore, not paid, yet compounded for; which is all one. And to the question of the Abbot, supposing Parochial right, they answer not, Hoc esse juris, but Moris: and to the question of Antiquitus they answer only, Hoc esse, though before this prescribed composition, it might be otherwise.  
Animad. 3 And this composition was not diminished though our Author, contrary even to the sense of his own quotation, doth untruly affirm it: for the words are, that the Bailiff of the Abbot at the time of gathering Tithes, De singula virgata illius villae tot manipulos Pre●bytero illius Ecclesiae tribueret, quot superius diximus debere: But surely it was that he might infer the Patron's authority to do it, even against the will of the Incumbent.  

Pag. 324.  The other is, out of the Leaguer book of the Abbey of S. Alban. The Abbot and Covent about the 20. of Henry the third, gave to the Church of the holy Trinity de Bosco, and ●he Nuns there, for ever, Totam Decimam de Dominio nostro de Caysho in omnibus rebus de quibus Decimae dari solent: All the Tithes of our Demesnes of Caysho, in all things whereof Tithes are usually paid.  
Animad. 4 Observe, This Donation is long after the Council of Lateran 1225. and therefore undoubtedly was not of Tithes not paid before, as the phrase, De quibus Decimae dari solent, proves, they were then customably paid. And also note, how he saith there, Perhaps they had discharged them, that is, the Prior and Covent; necessarily than they were before charged, and therefore could not be newly created, though in respect of the Monastery, newly bestowed.  
Out of other Chartularies he hath made no particular inference, which is not answered in the general.  
But because the Chartularies of the Church of Rochester, 
Ad Pag. 310. etc.  are both more largely insisted upon by the Author, and for several respects seem to be of best credit with him, as quoting them pag. 282. Ante alia vetera Monumenta consulas si placet Chartul. Roffensis Ecclesiae, and in pag. 370. Since by the Grant of my gracious Mr. His Majesty, I am a prebendary of the same Church, where, for the knowledge of the Temporal poor estate thereof, I have had liberty to peruse the Muniments; I will more largely make answer to his several instances out of them, as far as these Charters and Registers that remain will permit: for many, either through injury of time, or sacrilegious suppilation of strangers, or neglect, because the portions are conveyed away, have miscarried.  
And moreover, I will first show, how this Monastery came to portions of Tithes; Then by whom they were confirmed; and lastly, I will explain particular Grants wherein Exception may seem to be taken.  
For the first, because the means of lawful justification of a Title are the same with those of lawful obtaining, I will out of an ancient Register of this Church set down a form of justification of two several portions of Tithes, which although they are not named by him in his Extracts, yet are of the same reason with the rest, and being of the ancientest, (for before the foundation of the Monks here by Gundulphus there were no portions given) are for better proof; I will exscribe the whole Evidence.  
P. 23. Memorandum quod Decimae de Chelesfelde & Fernburgh, ex dono Ernulfi tunc Domini de Chelesfelde, & Geroldi Domini de Fernburgh, sunt confirmatae Monachis Roff. per Walterum Roffensem Episcopum, qui fuit in Episcopum consecratus Anno Domini 1148. & secuta est confirmatio earundem Decimarum per Dominum Adrianum Papam, 1159. Item per eundem Dominum suum confirmatae i● Decimae de Modingham, & per eundem Papam, & subsequenter per alios Episcopos Roff. sicut in eorum apparet scriptis, & per alios Apostolicos succedentes Adriano: 
* And it is declared by the Charter of the said Walter B shop of Rochester, that those Tithes of Chelesfeld a●d Modingham, were possed by the Monks, in the time of Gundulphus, who gave and granted the said Tithes, of the gift of ●atrons, with the consent of the Rectors of Chelesfield & Chiselherst, and Gundulp●us was consecrated Anno 1077. and sithence they have enjoyed them.  Et declaratum est in litera dicti Walteri, quod istae Decimae possessae fuerunt ab ijs tempore Gundulphi, qui eis illas Decimas ex dono Patronorum, accedente consensu Rectorum Ecclesiarum de Chelesfelde & Chiselherst contulit & concessit, & fuit Gundulphus in Episcopum Roffensem consecratus Anno Domini 1077. & ab illo tempore praedictas Decimas perceperunt. Item habe●t in Parochia Ecclesiae de Chiselherst, ex concessione Episcoporum Roffensium ex antiquo Dimidiam Marcam annuae pensionis. This showeth plainly the manner of conveying portions, The Patron gives them to the Bishop by consent of the Incumbent, and the Bishop doth invest the Monastery.  
But for the Second and the confirmation also of this, The Charter of Gundulphus himself shall be next produced, which still remaineth with his seal appendent. The words are 
* I Gundulphus— approve and ratify their devotions to the Monks, and give unto them Episcopal authority and consent, giving and granting to the said Monks Tithes lying within the Parishes of divers Churches of our Diocese, to wit, the Tithes etc.  Gundulphus Roffensis Episcopus etc. Noscat vestra universitas quod cognita & intellecta charitate, Christi fidelium, Domini videlicet Henrici Regis & quorundam procerum Nobilium ad Monachos Ecclesiae B. Andreae Apostoli, cui Deo authore etsi indignus deseruio. Ego in eorum bona intentione laudans Dominum & gratiam agens Domino jesu Christo, devotiones eorum ad ipsos Religiosos approbo & ratas habeo, & ijs Episcopalem authoritatem attribuo & consensum, conferens ipsis & concedens Decimas intra Parochias diversarum Ecclesiarum nostrae Diocesis constitatas. Decimas videlicet in Strodes & in Chealks de Dominico eiusdem Domini Regis ex eius liberalitate— Decimas de Henherst ex liberalitate Goscelini— Decimas de Rundull & de Thuang ex liberalitate Smalmanni de Schornes— Decimas in Chelesseld & Fernburgh ex benevolentia Aloldi & Ernulsi ex eorum Dominicis, Decimas de Modingham, ex dono Ansgoti de Chiselherst, Decimas de Bertrey, ex largitione Haimonis Maminot— Decimas de Dominico de Edintune, ex largitione Willielmi de Gurnay, Decimas de Westbrooke in Parochia de Culings ex gratia Radulfi Pincernae, Decimas etiam de Feodis Episcopatus, videlicet de Wicham, etc. Ego dictis Monachis meis do & concedo in perpetuum. 
* I will that the Monks have the Tithes in their own manours within the Diocese, and retain them in peace. But all those Tithes above expressed— I assign unto them, and by my Bishoplike authority, which I enjoy, I command and ordain, that the Monks have and enjoy them always, to be employed for provision of victuals. These Grants and orders I have made for the love of Saint Andrew, in his Church, by the assent of Archbishop Anselme. Anno 1091.  Velo etiam, quod ipsi Monachi Decimas provenientes in Manerijs eorum, infra Dioecesim nostram constitutas habeant, & retineant omni pace. Has verò Decimas omnes superiùs expressas tam eas quae ex devotione fidelium acquisitae sunt, quàm eas quae de feodis meis— ipsis assigno, authoritate Episcopali qua fungor, mando & constituo, quod Monachi nostri eas habeant, & teneant in usus victualium suorum, perpetuis temporibus convertendas— Istas concessiones & ordinationes pro amore Sancti Andreae, in eius Ecclesia feci, assensu Domini Anselmi Archiepiscopi— Acta anno ab Incarnatione Domini nostri jesu Christi, 1091.  
This I have so largely exscribed, repeating most of those particulars, which Mr. Selden quoteth, and were then given by him; to show both in general, and in those particulars, the authority of Bishops in such conveyances, though the grant of the Patron be praesupposed: and even how to the Monks, who were Landlords, the very Tithes of their own manours were by Bishops granted them.  
To this I might add the confirmations of Walter, Richard, Gilbert, etc. Bishops of Rochester; the style of whom is of some, Damus, but of all, Concedimus & confirmamus, and ad securitatem, & pacem perpetuam concedimus. And as for Popes, Adrian, Alexander, Innocent, Vrban, etc. they confirmed them. And of those others in other Dioceses, the Archbishops and Bishops confirmations, even from Anselme downward, are extant: wherein that they and their Churches had interest, the confirmation of the Church of Canterbury to Rochester, pointed at by the Author in the end of the cited Chartularies of this Church, is sufficient testimony, where they say, 
* Tithes belonging to the jurisdiction of the Church of Canterbury, by the most reverend father's Archbishops of Canterbury, Anselme, William, Richard, Baldwyn, and Hubert, Canonically collated and confirmed, as we have seen contained in their Authentic writings.  Decimas ad jurisdictionem Cantuariensis Ecclesiae spectantes, à venerabilibus patribus nostris Cantuar. Archiepiscopis, Anselmo, Willielmo, Richardo, Baldwyno, & Huberto Canonicè collatas, & confirmatas, sicut in Authenticis eorum perspeximus contineri.  
They might have added Theobaldus also, for his confirmation also is extant with us. And in the jurisdiction of that Church, are the portions of Buggley, Dudindale, Stalesfeild, Bilsintune, Elham, Ysfeild, Hamwold, Scraembroce, Geddings, which are instanced upon by our Author; so that the portions of Halegele, and of Malmain, and the Church and Tithes of Walton, may only seem amongst those which he hath cited, to want their confirmation.  
As for that of Halegele, ex dono Hugonis de Port, although the confirmation of Ralph Bishop of Rochester, be not extant, yet in that it is mentioned, that the gift was pro amore Radulfi Episcopi, as at his entreaty, his consent may not be doubted of, especially by him, who conceiving the style of Gundulfus Charter, yet shall consider that his successor Gilbert Glanuill in his confirmation addeth, speaking of Gundulfus, quo procurante & disponente, const●t Decimas— fuisse adquisitas; so the Bishop Radulf. both got and bestowed them, which Radulfus being then Abbas de Sagio, did subscribe to Gundulfus Charter.  
And as concerning the portion of Malmaines, That, with the other of Halegele were confirmed by Pope Adrian the fourth! Anno 1154. and that of Malmains by Walter Bishop of Rochester, and his successors, but at what time that was given, I know not.  
And as for Walton being in the Diocese of Norwich (not given in the time of Richard the first, as he conjectureth, but in the days of one of the King Williams for his confirmation is in Textu Roffensi) it was not a Portion, but a whole Church endowed with Tithes, which was assigned to Felix Stow, alias Filchestow, a cell of this Monastery by Roger Bigot An. 1086. under this name, Ecclesiam Sanctae Mariae de Waleton cum pertinentijs, which was then confirmed by William, Hugh, and Roger Bigot: but that had confirmation by the Bishops of Norwich, as Adrian in his confirmation saith, Ex dono Rogerij Bigot & haeredum eius & concessione Norwycensium Episcoporum, Herberti, Hebrardi, Willielmi, Ecclesiam Sanctae Mariae de Walton habetis, Of the gift of Roger Bigot and his heirs, and the grant of the Bishops of Norwich, Herbert, Euerard, William, you enjoy the Church of Saint Mary of Walton; now Herbertus was then Bishop. All the Donations therefore of the Church of Rochester, even Ab initio, we see confirmed.  
Yet for the particulars, in the third place.  
The portion of Buggeley, for that the Patron by enjoining the payment of three shillings per annum, to the Monks of Colchester, might seem to have some real interest in Tithes: You must know that this portion was given to Colchester; and by them demised to the Monks of Rochester for that sum, to which demise that Charter is but of consent, which the very words produced by himself might infer, Reddituris inde annuatim Monachis de Colocestria tres solidos quamdiu eandem tenent & habere poterunt, Paying yearly to the Monks of Colchester three shillings, as long as they hold it or may have it. But Philip of Leyburne, who afterwards confirmed them, speaketh plain, Ipsis Monachis Colocestriae duos solidos dabunt, sicut ipsi inter se composuerunt, They shall pay two shillings to the Monks of Colchester as they compounded amongst themselves, This than is no imposition, but a consent to a composition.  
The Portion of Geddings given by Alan of Geddings, which gave occasion to the confirmation of Richard the Archbishop, hath this worthy observation, that then, john the Parson of Hese, in which Parish is Geddings, keeping back ten shillings, which by covenant & promise he was to pay to the Monks for that Tithe, was impleaded before the Archbishop: And there the Parson promised to remit his Parochial claim, if one of the Monks solicitors would swear for the truth of such Covenants; which he doing, the Archbishop confirmed them to the Monks. Observe here that Parochial claim, is only answered by pretence of covenant, not donation of a Patron.  
The Portion of Stalesfeild, wherein is the clause Tenendam sicut tenuerunt de Antecessoribus meis, Must be understood, either for the condition, pro societate, or pro anniversario, or for the Tenure, In puram & perpetuam Eleemosynam, other sense I conceive not.  
The Portion of Westbroke in Culings, wherein the Patron seemeth to impose half a mark, is thus to be understood: Radulphus Pincerna gave the Tithe of that field: This Tithe was valued in Textus Roffensis per annum at five shillings, now Adam Pincerna, willing to pleasure the Monks, in respect of the love his Ancestors showed them, he and his brother, who was then Parson of Culings, desiring it for peace sake, He gave consent to the value of half a Mark, to be paid by way of composition.  
The Portion of Hamwold: In this it is to be observed, that the Patrons of this Portion, did obtain the confirmation of the Prior and Covent of Leeds, to whom this Parsonage was appropriate; wherein the Prior and Covent of Leeds, even confirmed the confirmations of the Archbishop: Nay after Nicholas Hacket the son, and Ralph his son, did swear in the Chapter house at Leeds, for the indemnity of the Parish Church, by their Chapel at Hamwold. Such was the interest of the Parsons through Parochial right.  
In the Portion of Edintune, the heir doth only confirm a composition.  
In the Portion of Wicham, before out of Gundulphus Charter we see that it was of his own Fee, And this, saith Textus Roffensis, he gave to Godfrey de Talebot, reserving omnem Decimam omnium rerum ad opus Monachorum suorum, quam etiam dedit illis aeternaliter possidendam. Hamelinus' d● Columbiers, therefore made no new donation but confirmed the old, as in the chartulary even quoted doth appear, where in the controversy between the chanter of Rochester, and the Parson of Frindesbury, the Tenants of Wicham swore, Cantoriam eam (that is the small Tithes) antiquitus possedisse cum blado, That they enjoyed them anciently, with the Tithe of corn.  
By which claims of the Parson of Frindesbury, for the Portion of Wicham, the Parson of Hese for Geddings, the Parson of Eltham for Modingham, for so it runs in the Charters, Decimas de Modingham quas disrationaverunt contra Picardum Personam de Eltham, The Tithes of Modingham which they recovered against Picard Parson of Eltham (and all these before Anno 1200.) and the confirmations of Hamwold; I take it the practice of Parochial tithing is plainly confirmed; for how else could the Parsons implead the Monasteries for such portions issuing out of their Rectories? And because against them Covenants and prescription, and not donation of the Patron is objected, I may well conjecture in the opinion of the Parsons, that only their predecessors could pass them for their time; or the Patron but at their pleasure.  
But he objects, that in the confirmation of Richard the Archbish, 23. of Henry the 2. (which he supposeth to be the first Confirmation, but he is deceived, for both Archbishops, and Bishops of Rochester, and Adrian Pope of Rome had confirmed them) the Archbishop seems to ground the right of the Monks enjoying such portions, only from the deeds of Lay-granters, Cognito jure praedictorum Monachorum, per inspectionem instrumentorum suorum, considerata etiam diuturna illorum possessione, Knowing the right of the Monks by sight of their instruments, and considering also their long possession. But these Instruments are as well (if not rather) of Granters that are Ordinaries, as of Lay-Donors; as the confirmation of the Prior and Covent of Canterbury (whose Counsel he took herein) before rehearsed, doth testify. Neither am I of opinion, that either the Bishop without the Donor to prejudice the Patronage; nor Donor without the Bishop to impeach the jurisdiction; nor both without the Incumbent to impair the Maintenance, could do any valide Act in such conveyance. And this may also serve to satisfy the phrase of Hubert the Archbishop's Confirmation.  
And so much out of the Records of the Church of Rochester: by which it appears, that all their portions were at the first confirmed and granted by the Bishops: that the first, were by consent of Incumbents; that Parochial right was claimed against them; that Patrons only intermeddled not to make, but consent to compositions of Tithes. How then can the sense of New created Tithes, the arbitrary disposition of the Patron, the sole interest of him in the Tithes, the uncertainty of Parochial right, which are his new Inventions and Fancies, be hence proved? And if not hence, why should not the Grants in other Chartularies have Interpretation from these, which are both as ancient, and faithfully related? 
Lib. 3. Indict. 12. Epist. 41.  To ascertain which, I will only say with S. Gregory, Venite, & cuncta quae scripsi, nisi ex lectione monstravero, cum qua vultis disputatione recedite, Come, and if I show you not all what I have written, depart with what doubting you will.  

Pag. 353.  But to return to our Author: who in his next Section after his Chartularies, enters a passage out of my Profession, to prove his former intention; that is, the interest of the Patron in Tithes, and that is of a Writ de Aduocatione Decimarum, Rot. Cart. 5. Regis johan. Memb. 8. in a suit between H. Bishop of Lincoln, and the Prior of S. Katherine's without Lincoln, etc.  
Animad. 5 If this be understood of King john's time before the Lateran Council, as the quotation of the Roll in the Margin would import; and the sigle H. may signify Hugh then Bishop of Lincoln; then the phrase Decimas de Dominicis suis liberè conferre consueverunt, which the Bishop of Lincoln, and the King and Nobles claim, may have good sense against Parochial right, claimed by the Prior for the Church of N. and yet admit no arbitrary consecrations; for there liberè, is not free from Episcopal authority, but Parochial constraint; they having before been made canonically Decimae separatae, that is, a portion upon which a prescription being added, (and the Bishop insists upon the custom of himself, and predecessors) there can be no reunion. And in such case the King and Bishops and other Grandes might interpose themselves to make good their predecessors, and their own Grants.  
But suppose his interpretation of Decimae separatae, for a Benefice of Tithes not annexed to Churches; what is this separation or collation without consent of the Bishop? that is not expressed in Liberè, which as before hath only reference to parochial right: Though in respect of the advowson or Patronage if they were so separate who denieth it to King or Patron? yet, in that it's said in the King's claim, Quia consimiles Decimas conferimus in quibusdam Dominicis nostris, not in all; and Quamplures Magnates, not omnes do the like, it may seem some privilege, rather than common Right of Patrons? for then all Patrons and in all Demesnes should have equal right: Though the King's sovereign authority in these and all other causes Ecclesiastical, I do hearty acknowledge.  
The like prohibition, 
Pag. 357.  Anno 7. Edwardi 1. in the chartulary of Osney, between the Abbot and Covent there, and the Parson of Harewell, for two parts of the Tithes of certain Lands: there the King prohibits the prosecution in the Ecclesiastical Courts; because, Tangit nos & coronam &c. maxim cum consimiles Decimas in pluribus Dominicis nostris conferamus, & etiam plures Magnates Regni nostri etc.  
Animad. 6 This may have a good sense, namely of Tithes anciently collated to the Free Chapel of S. George in the Castle of Oxford (from whence Osney claimed them) as appeareth by the words, Ex collatione Progenitorum nostrorum Regum Angliae, By the gift of our Progenitors Kings of England: Now, Parochial Right could not reclaim these, being once separated by Canonical authority: And therefore for the Parson to claim interest in such, might occasion a Prohibition; and the reason might be; for the King and Nobles did give the like so anciently collated and severed. Besides, this prohibition and the former may have the same answer, as before.  

Pag. 358.  Yet the Council under Hubert Archbishop of Canturbury in the 2. of King john, though repeating and respecting the Lateran Council under Alexander the third, 
Hoveden. p. 2. fol. 460.  must have an interpretation contrary to that which is the meaning of that Lateran Council which is examined before, ad pag. 114. & 138. It must be understood of receiving arbitrary consecrations, not the receiving of Infeodations, because here in England such Infeodations were rare, and therefore not likely to be intended by this Canon under Hubert. What then? though they were rare here, yet they were irregular, and therefore here might be condemned; which he must observe, because that even supposing his interpretation he may see, that in that Canon the Actors were censured and the Act annullate; But that at that time there were Tithes given, which were not before in esse, he cannot prove, and as for Tithes conveyed by investiture of Churches needs more proof, though any such Extravagant Act were not Valide.  

Pag. 359.  In the Section following, insisting upon his purpose to prove arbitrary consecrations, He would imagine those phrases, (Quae Decimari debent, Those things which ought to be tithed; And, Quae Decimari debent more Catholico, Those which ought to be tithed after the Catholic manner) in many Grants to express no Canonical payment before: But, that then New Tithes were given, which though not before, yet then by the Canon Law ought to be tithed; For that the obedience to the Canons in this point was general through the Kingdom is most false, we know the Truth by a cloud of Homebred witnesses. So our Author.  
Animad. 8 But these phrases do but show the extent or manner of the tithing, and the duty of payment, not arbitrary but necessary: Nor infer they any opposition to the Canon Law; for that were absurd, to acknowledge it (before it were objected) in such Donations especially, in conveying Tithes to those, who could not receive them, if opposite to Canons: But let him disprove the general lawful practice, for, as for the disobedience of some few in bestowing Tithes, though not newly consecrated, I doubt, but as for newly consecrated, his homebred witnesses can not testify.  
And from his strange interpretation, 
P. 360.  wherein he strains his wit to make good his paradox, he makes a comparison between these two phrases, Quae offerri solent, and, Quae decimari debent, vel solent, and would thence infer a like arbitrary Custom;  
Animad. 9 Whereas some offerings both of Christians and Gentiles are Arbitrary, but Tithings areas much debent as solent, and so are necessary, and otherwise to call them, and not prove them is petitio principij.  
Yet to prove his paradox he relates how in the book of Doomsday, Stori the Ancestor of Walter de Aincourt is specially thus privileged, that he might sine alicuius licentia facere Ecclesiam (in Derby or Nottingham Shire) in sua terra & in sua soca & suam decimam mittere quo vellet, without leave of any to make a Church in his own land, and in his own Fee, and to send his Tithes whither he list.  
Animad. 10 This of Stori sure was a Privilege, and that from the King, as may seem, for that it is noted in that Temporal Description, because the granting of any land in Manum mortuam, (which by making a Church was done) did belong to the King to give licence: To which act of building a Church, the words, Sine alicuius licentia, meaning, no secular Superior may be restrained. And whereas he might build a Church in his own land where he list, he might send his Tithes to which of the Churches he had built, but this by the Bishop's permission; whose consent may as well be supposed, though not expressed, for the conveyance of Tithes; as the consecration of the same by the Bishop, is not expressed, yet necessarily required. How in the Empire it was, 
Goldast. Constitut. Imper. Tom. 3.  the conventus Optimatum at Pavy, under the Emperor Berengarius, Anno 903. may witness, where it was decreed,  omnis Decimatio ab Episcopis, vel his qui ab eo constituti sunt, praebeatur, nullus eam ad suam Capellam, nisi forte Episcopi concessione conferat. Quod si fecisse contigerit, primum legibus subiaceat humanis, postea Excommunicatione populi constrictus, ad ultimum, ipsa Capella quae magis contentionem quam utilitatem praestat, destruatur: That all Tithing should be assigned by the Bishop or his Deputy, that without his grant none should convey them to his own Chapel; which if he do, first the Secular Law shall punish him, next, the people shall be excommunicated; and lastly, the Chapel shall be destroyed, as affording more cause of strife than profit.  

P. 361.  But it may seem, he feared such an answer, and therefore sets himself to prove, that it was lawful to build Churches in their own Fees, without consent of the Bishop, and this he saith was challenged by the Baronage of England; and therefore citeth a Decretal Epistle of Innocent 3, Tom. 2. pag. 228.  
Animad. 11 But it is a false quotation for his purpose; for saith he, 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 that the new foundations should not bereave ancient Churches of their assigned endowment.  
This last Clause, and not the first, was that which the Baronage pretended in defence of the Archbishop, for building a Church at Lambeth, for otherwise besides the Archbishops own authorizing his own Act, even the confirmation and approbation of Pope Lucius is there signified, and therefore not challenged without licence: but against this, by reason of the hurt thence arising to the Church of Canterbury, was this Decretal Epistle; for the immediate words are, Sed ex hoc opere videtur Ecclesiae Cantuariensis dignitas, ex part non modica deperire, etc. But by this work the dignity of the Church of Canterbury would greatly be impaired: and nothing followeth concerning licence of the Bishop. As for building of Churches without consent of the Bishop, observe how far the Emperor was, who even makes this capitulary, Placuit nobis, 
L. 5. c. 182.  ne Capella in nostro Palatio, vel alibi, sine permissu Episcopi, in cuius est Parochia, fiat: It is our pleasure, that no Chapel in our Palace, or elsewhere, be without permission of the Bishop of the Diocese.  
Again, he returneth to his Paradox, which out of two Epistles of johannes Sarisburiensis, he would infer; for that in those cases of Tithes, no title is made merely by Parochial right, but prescription or Consecration are the grounds whereon they are demanded.  
Animad. 12 The first case, Ep. 21. is between two neighbour Parishes: the question is, to which Church the Tithes and Parishionets belonged, and for this, the one party pretends a former judgement for him. Here could be no demand by Parochial right, when the question was of it, and nothing else demanded but Parochial right, and therefore in the Libel, both Parochiani and Decimae, wherein Parochial right consisteth, were the two demands. The like is, Ep. 87.  
Animad. 13 The second case in Epist. 84. is also between two neighbour Parishes, for Tithes (pertinentes ad Ecclesiam de W. & quas in die Consecrationis iam dictae Ecclesiae, Radulfus Rotundus obtulerat, Episcopo Londinensi present & approbant: Tithes which belonged to the Church of W. and which in the day of the Consecration of the said Church, Radulphus Rotundus did offer the Bishop of London, being both present and approving it) which were detained by another Parish, without any sentence; whereas the Parish W. had evicted them from the predecessor of the Parson, and the other Church. Now in this case is not Parochial right claimed? Decimas pertinentes ad Ecclesiam? And this, both by prescription, and ordination, and a former sentence is justified. So that in both examples he hath dealt falsely. But in this later is a plain sign of the Bishop's approbation, to each man's offering of Tithes: like that in the confirmation of William Giffard Bishop of Winchester, cited by him pag. 344. In the same Salis. his 28. Epist. and 109. as also for Parochial right.  
But Theobald the Archbishop, reprehendeth Ala the Countess of Warren, 
P. 362.  for that she did not pay the Tithes which her husband had vowed, therefore there is arbitrary Consecration.  
Animad. 14 These Tithes were not the Tithes of the Demesnes, but Denariorum Gabuli, of rend money, which he might vow, & she ought to pay: The tenth of rent, not increase, though out of her Dowry; because it was vowed upon the Altar; it was the Dowry of the Church: it was so to be, for so it was her Dowry; And this tithing can extend no further. See pag. 342. the words in the Author.  

P. 363. & 364.  Again the three Monks, Knighton, Higden, and Walsingham, are cited, who before are answered: and for confirmation of their opinion, concerning the Council at Lions, He bringeth a petition in Parliament, made by a Parson of Gillingham against the King, for denying him out of the Forest situate in his Parish, Tithe Hay, and Venison, and Pannage, and other profits, which, Ecclesiae suae de iure communi debentur, secundum formam Supplicationis & exhortationis Apostolicae porrectam Domino Regi apud Gillingham quando fuit ibi ad Natale, What was that Exhortatio, or Supplicatio Apostolica? surely some particular letters from Rome obtained in behalf of the Parsons, and no new decree.  
Animad. 15 Neither by this may it seem, that in the King's case, Parochial right of Tithes, was not yet every where settled, although increasing in a Parish: Nay by this we may well see, they were every where due even from the King, in that the Parson could claim them by jure communi debentur Ecclesiae suae, They are due to his Church by common right, and durst procure letters from Rome, and complain even in a Parliament: sure his complaint was no general complaint, against an allowed custom, but a special wrong in this place alone. Nothing stronger than this to prove Parochial right, if the King's Forests must pay Tithe to Gillingham, de iure communi.  
In the next Section, 
Pag. 365.  he speaketh of Tithes not assigned to any Parish to whom they do belong: And entereth this digression by saying, that until those innovations by Canons, in denying Lay-men right, arbitrarily disposing the jurisdiction, which the common or secular law had formerly challenged and exercised in detaining, the right of Tithes between the Priests, and Parishioners, grew out of use.  
Animad. 16 And yet in all his 14. Chapter of jurisdiction of Tithes, not any secular law so directly intermeddled in Tithes, but even since that time of the Lateran Council (which yet he would prove to be the time of forbidding such consecrations) the Epistles of joannes Sarisburiensis show the contrary, and the Decretals of Alexander the 3. written upon suits to this country, can testify, besides those suits for Tithes in the Archbishop's Courts, which after out of the Chartularies of the Priories of Rochester and Leeds I will produce. And the Temporal Courts cannot hold plea of Tithes, unless it be by way of prohibition, but only by virtue of late Statutes.  
But saith he, out of Thorpe a judge, that in such places out of any Parish, as in the forest of Englewood, the King ought to have the Tithes to dispose of, and not the Bishop, and relates that the Archbishop made suit to the Council to have them.  
Animad. 17 Although I know and acknowledge the King's prerogative, in disposing all Tithes by his Supreme power in causes Ecclesiastical, yet chief in Forests; (for to him alone Forests did belong) and especially that of Englewood, which well even in reason might be granted him, for that in Assarted land much grew more Tytheable than before, to the more benefit of the Clergy: And it is not said, the King may keep, but collate to whom he will; which infers the right of Tithes. And since, as in the Records after, the King there claimeth a privilege to build Towns, erect Churches, Assart lands, and give those Churches with the Tithes of that lands, to whom he will, because it is not within the bounds of a Parish; well he might by his Prerogative and Supreme power, add the Tithes of the Towns to the Churches, as even by the Capitulars lib. 1. cap. 93. it is granted, Sancitum est de Villas novis, & Ecclesiis in ijs noviter constitutis, ut Decimae de ijsdem Villis ad easdem Ecclesias conferantur; It is ordained concerning new villages and Churches therein newly founded, that the Tithes of those villages should be conveyed to those Churches. And this is repeated in the Concil. Wormatiens. can. 52. And in Triburiens. c. 14. there it is, Si vero in qualibet sylua vel deserto loco ultra milliaria 4. aut 5. vel eo amplius aliquid dirutum conlaborauerit, & illic consentiente Episcopo Ecclesiam construxerit, & consecratam perpetrauerit, prospiciat Presbyterum ad seruitium Dei idoneum & studiosum, & tunc demum Novam Decimam Novae reddat Ecclesiae, salva tamen potestate Episcopi; If in any forest or desert place above 4. or 5. miles off, or more, any shall repair or build a new Church, by consent of the Bishop, and shall have it consecrated, let him provide a fit and honest Priest for the service of God, and then let him give his new Tithes to his new Church, reserving the authority to the Bishop: (For as the Church was consecrated by the Bishop, so the Tithes were disposed by his consent; for in those times nothing concerning the Church was done without the Bishop or Pope's consent and confirmation:) So in this case, the King making of a desert, an Adesart. But yet Herle the Lawyer is after cited to be of another mind than Thorpe.  

Pag. 367.  But that this is not only a Prerogative to the King, but the same which the Baronage claimed in King john's time, he intimates.  
Animad. 18 Whereas yet that was in the building of Churches, not in new assarts, but in ancient Parishes, as that of Lambeth in the Epistle of Innocent was, and no forest. And the Kings grant of a prohibition in his own name alone against the Bishop of Carleile, showeth it not to be a common privilege to his Magnates as to himself, for else as before he would have put his Magnates as himself in the prohibition.  

Pag. 368.  Animad. 19 Now because Herle a Lawyer saith, that such Tithes out of Parishes might not arbitrarily be given, but that the Bishop of the Diocese should have them, he is censured, to speak suddenly, that is, rashly, and out of the Canon Law, not out of the Common Law. If he knew not how to speak as he ought, what doth our Author? It were well that he should Tutor him in his own profession, and show that Tithes were given or assigned to any Church without the consent of Bishop or Pope: and what Rule is there in the Common Law concerning Tithes, but it is taken from the Ecclesiastical Law?   

ANIMADVERSIONS on the twelfth Chapter.  
IN this twelfth Chapter, first, 
Pag. 370.  concerning Appropriations of Churches, He observeth that in the Saxons times in their Appropriations they used not to say Ecclesia cum decimis, or Ecclesia cum decimis in annona etc. which in the Normans time was frequent.  
Animad. 1 The reason was, not because Tithes were not then joined to Churches; but because they were not as in the Normans time so disjoined, But by the word, Ecclesias, all passed then: Afterward, by reason of the several translations of them, both the explication cum decimis, with the parts thereof, as also the place was added, where the Tithe grew, in such a demesnes, of such a man, and such like: which by the Bishop's approbation might be altered and translated.  
In this Section of Appropriations, he saith, The common intent was that the Monasteries should put Clerks and Vicars in the Churches.  
Animad. 2 This is true, as Patrons they did present, and the Bishops did admit; and in Appropriations the Bishops did usually reserve a power of ordaining a competency to be assigned to the Vicar, or did presently do it at the first; and the Vicar had always recourse to the Bishop, in any grievance offered from the proprietaries for the increase of his portion.  

Pag. 371.  Of this enjoining the maintenance of Vicars, he produceth two examples of both Provinces, And first of York before Canterbury (for he will be against the known authority of those prime Seas.)  
But in that last, in the Province of Canterbury, out of Pope Lucius, wherein is the word, In quibus praesentationem habetis, he saith, this can not be understood of those which the Monasteries enjoyed Pleno jure: whereof indeed before he had spoken.  
Animad. 3 Yet here out of our Records, let me tell him, that Anno 1255. the Prior and Monks of Rochester, and the Prior or Warden of their Cell at Filchstow in Walton in the Diocese of Norwich, did present one Stephen Banaster to the Church of Tremlegh, Officiali tunc vices Episcopi Norwicensis gerenti, whom the Official instituted; and yet john the Bishop thereof before, had in his confirmation said Ecclesiam de Tremblega pleno jure cum omnibus pertinentibus pertinere ad Priorem & Monachos de Waleton; That the Church of Trembleigh did belong Pleno jure to the Monks of Walton. But I conceive therein, pleno jure rather to be distinguished from non per vices, or, non excompraesentatione alterius, then otherwise; though I contradict not the opinion of the Canonists, who say, a conveyance of Churches pleno jure, to be of the right of Institution and Destitution, which in the next example of the next Section may have place.  

Pag. 373.  In this Number, to prove his paradox (which he can never prove) That Tithes passed from the Patron by his gift no otherwise then Freehold: neither was the confirmation of the Ordinary necessary. He proposeth an example of one Robert of Dene, who gives to the Church of Lewis, a Church with Lands and Tithes, and two parts of the Tithes of Corn of another place; so that the Priest of that Parish shall pay half a mark, and shall enjoy it at the hands of the Prior, as long as he doth well, and by him to be expelled if otherwise.  
Animad. 4 If this were pleno iure, then for Institution and destitution, it was lawful; if it were a Donative, then more. And whether this privilege were vouchsafed by the Bishop, or Archbishop, or Pope, who knoweth? The Author is a Lawyer, why doth he not show the Common Law, that gives power to private men, to apropriate Churches to Monasteries, without the consent of Ordinaries? And as for the intermeddling in enjoining a Noble for the Tithes, it was by way of composition (as in the Chartularies of Rochester I have showed) and by no immediate lawful right: If no Lease be good at the common Law of Tithes not impropriated, without the Ordinaries consent, how shall any Impropriation be made, or good without the consent of the Bishop or Pope?  
And so, in his charity, acknowledging the Canons of Nationall Council then, against such Arbitrary consecrations, yet he will suppose a practice contrary, both to appropriate, and invest Churchmen with them, without the Bishop, and would defend it, though if it were, it were prava consuetudo.  
Animad. 5 But here, let me remember him of the Appropriation of Hauchis, in the last Epistle of Ivo; according to which form, all the Appropriations of Churches with us, are; The Patron delivering them over to the Bishop, and the Bishop to the Monastery, and that even Charitative, out of favour.  
In the Chartularies of the Priory of Leeds, observe, how in the Appropriation by Theobald Archbishop of the Church of Eslings in the Diocese of Canterbury, it is thus; Rogavit nos Alicia de Eslings, quae fuit uxor Radulfi de Cicestria, ut Ecclesiam de Eslings, quae in fundo eius sita est, Monasterio & Canonicis Regularibus de Leeds, in perpetuam eleemosynam concederemus, nam & illa, quantum ad se spectabat, in praesentia nostra, temporalia ijs perpetualiter concessit: Alice of Eslings, that was the wife of Ralph of Chichester, entreated us, that I would grant to the Monastery, and Canons Regular of Leeds, in perpetual Alms, the Church of Eslings, which is founded in her lands: for she, in what appertained to her, in our presence, gave the Temporalties for ever. And then upon Resignation of the Incumbent, he doth Canonically invest them with it. All the rest are such like.  

Ep saint 39  But johannes Sarisburiensis hath a pattern for all, where justifying an Appropriation to the Priory of Saint Osithe, he remembreth the gift of the Founder a Bishop, the Charter of the King, the confirmation of the Archbishop, the Bull of the Pope. And in the Epistle 28. Ecclesiam de Effigcham, quam Meritonensibus, petente Domino fundi, donavit Dominus Wintoniensis, Eugenius Papa confirmavit, The Church of Effigeham, which at the request of the Lord of the Manor, the Bishop of Winchester granted to the Prior and Covent of Merton, and Eugenius confirmed it. These may show the practice of that time, contrary to his opinion.  

P. 376.  And whereas he produceth the preamble of Alexander the third, Extr. de Institut. cap. 3. ex Frequentibus;  
Animad. 6 That, is of investiture of Clerks, for the words are there, Quod Clerici Ecclesiastica beneficia, sine consensu Episcopi Dioecesis, vel Officialium suorum, recipiunt minus quam deceat: That Clerks, without consent of the Bishop of the Diocese and their officials, receive Church livings, which sometime, though irregularly to have been used, I never denied. And more frequently in these times, whereof our Author speaks; wherein as I conjecture, the viciousness of the former Popes, those Faces Pontificum, which after Adrian the third succeeded, as Pap. Massonius saith, when Sanctitas reliquit Pontifices, Holiness left the Popes, as Platina; gave occasion to neglect, and neglect easily bred contempt, and that upon every occasion broke forth to opposition of their censures and Canons, each man in as much as concerned his honour or profit, willing enough to take upon him the prerogative of Kings, and to defend it with strong hand.  

P. 378.  In the next Section, to prove the interest of Patrons in the profits of Churches, he produceth a chartulary of the Priory of St. Needs, where a Patron, Nomine certi beneficij, gives to that Priory six Marks of silver, to be paid yearly by the Parson of the Church of Wimbisse.  
Animad. 7 This is upon demise or composition, not an original right that the Patron had in Tithes, it is likely for some portion of Tithes there, so that now by this they may have Certum beneficium, mark that word, which before was uncertain in Tithes, of such kind I have spoken out of the Chartularies of Rochester.  
Whereas he saith, he hath not in those times read of a Precedent, wherein the Incumbent was granter. Now that they were he may read before, in the justification of a Portion of Tithes, out of the Chartularies of Rochester, and in Addit. Ad Concil. Lateran p. 13. c. 11.  
Out of interest supposed, he saith, 
P. 379.  the understanding of the new Canon, in the Synod of Westminster, held under Richard the Archbishop in 21. Henry 2. may be had, Nulli liceat Ecclesiam nomine dotalitij ad aliquem transfer, No man may pass over the Church for a Dowry, that is to remain with the husband of his daughter or kinswoman during his life.  
Animad. 8 But here he is deceived; for by Ecclesia, the patronage only is understood, which neither the Canons would suffer to pass by inheritance, nor sale, nor here as a Dowry, but would have had all bestowed upon bishoprics and Abbeys, as vide Append. ad Concil. Later. p. 15. c. 6. Religioso loco ius patronatus conferendi liberam habeat facultatem, Yet he may have free liberty to bestow the patronage on a religious house, and cap. 16. unde cum ius patronatus annexum sit spirituali nemini licitum est vendere illud, Patronage may not be sold, because annexed to a spiritual thing, and cap. 17. It is dishonest to sell patronages. And indeed how can this be otherwise interpreted, unless you could imagine a Lay man then, might all his life time enjoy a Church (for being married, than he could be no Clerk) and not suppose it Infeodat●, which here he doth not.  
But he that observeth the distinctness of the Canons then, in saying Ecclesiam vel Decimam, by the one passing the patronage, and by the other the profit, will allow my interpretation.  

P. 380.  But yet, that Patrons might enjoin a Pension upon a Church, without either Ordinary or Incumbent is proved, by a Fine, where, upon condition, that the Parson which should be placed in a Church by the Patron, should pay such a sum yearly to the Monastery, and thereof make faith to the Bishop, upon institution, and after in their Chapter, a Monastery doth remit the patronage to the Patron. Whence he inferreth by the authority of the King's justices in a Fine, his purpose is proved.  
Animad. 9 But he is deceived, if this pension (which is most likely) was paid to them before, for, the making faith, both to Bishop and Covent for such performance was usual, many are extant in our Registers. And in the confirmation of Bishop Gilbert Glanuill to his Monastery, observe these words, when having expressed many pensions, he addeth, Et ne in praetaxatis pensionibus percipiendis possit aliquod praeiudicium dictis Monachis imminere, vel difficultas soluendi: Volumus & firmiter constituimus— ut omnes Rectores à nobis in eisdem constituti, vel a nobis & Successoribus nostris in perpetuum instituendi, de pensionibus praedictis fideliter & sine difficultate persoluendis, ipsis Monachis in Capitulo suo fidelitatem faciant praestito Sacramento, etc. And least in the receiving the foresaid pensions any prejudice may arise to the Monks, or difficulty of payment, we will and firmly ordain— that all Parsons placed therein, by us or our successors for ever, shall take an oath of fidelity in the Chapter house, to pay the said pensions, faithfully and readily. And if this pension were not an old, but new one, upon this composition, me thinks the wisdom of the Monastery would be much questioned, to leave a patronage for 4. s. per annum, which is the pension. And undoubtedly this pension was confirmed by the Bishop: And such is the meaning of those two Fines that follow next save one.  

P. 381.  For the next, that seemeth an erection of a pension by the Patrons, Bishops, and Incumbents Grants, which is expressed plainly.  

P. 382.  After this confessing the practice of Institutions, yet he showeth the sole authority, not only in the Bishop, but usually in archdeacons, of which, he produceth some proofs.  
Animad. 10 But in that the archdeacon was the Bishop's officer, And as Leuthericus and Fulbertus Epist. 34. was Oculus Episcopi dispensator pauperum, Catechisator insipientium, The eye of the Bishop, the Amner to the poor, the Catechiser of the innocent, here was no prejudice to the Clergy; though Alexander the third wrote a Decretal to rectify even that disorder, it is in Addit. ad Concil. Later. p. 24. c. 2. & 3. But that the Archdeacon's did in the vacancy suspend, joan. Saris. Ep. 3. Did,  mos est in possessionem liberam Canonice introducere, induct. Idem. Epist. 1. Did receive resignations, Ep. 5. and Ivo Epist. 131. and excommunicated intruders, per Laicorum violentiam. Ivo ibidem do testify.  
In the next Section, he proves the alone interest, 
Pag. 385.  by the succession in the Benefices of the Ancestors, whereby there needed neither Resignation, nor Presentation, nor Institution, nor Induction, this supplying all: For which he citeth the Canon at Westminster 3. Henry 1.  filii Presbyterorum non sint haeredes Ecclesiarum Patrum suorum: And another in the 25. of the said King under the Cardinal john de Crema: Ne quis Ecclesiam sive Prebendam paterna vendicet haereditate, aut successorem sibi in aliquo constituat beneficio, and a multitude of quotations by the side to this purpose.  
Animad. 11 The first Canon supposeth not a succession in right, but even in place, and that by institution from the Bishop, for that they thought basely of the sons of Priests, and would by no means suffer the similitude of a judaical succession, haereditario possidere Sanctuarium, as Tit. de jure Patron. c. consuluit, which cannot be even done at this day without a dispensation,  patri succedat filius, that the son succeed his father.  
The whole Title, De filijs Presbyterorum, manifesteth this truth, and most of his quotations; so that by the succession, not patronage is supposed of the father: but whatsoever it were, it was by institution executed.  
The next Canon is of Patronages and Infeodations belonging to Lay-men, which this Canon would not permit Lay-men to convey to any but to the Church, as before I have showed; which also may appear, for that in this very Canon it is added, 
Vide Hildebert. Coenom. Ep. 55.  Adijcientes quoque statuimus, ut Clerici qui Ecclesias seu Beneficia habent Ecclesiarum, We ordain also that Clerks (the first part being of lay-men) who have Patronages or Infeodations of Churches, and that they may live more licentiously, being invited by the Bishop, will not be promoted to orders, let them be deprived both of Patronage and Infeodations: for so Ecclesia, and Beneficium Ecclesiarum, and Praebenda must be interpreted.  

Pag. 386.  Animad. 12 As for that in the Roll of Pleas, 6. Rich. 1. It doth not imply a denial of Institution in the Bishop, but shows that a time was before then, when the father being Patron and Incumbent, might present his son to the Bishop to succeed him; whereas then even by presentation, he could not be admitted to the next succession.  

Pag. 387.  Concerning the Law of Lapse, whereof he next treateth, I am ignorant; only in the Novel before cited by me, and pag. 393. by him, I find, that if the Patron present not worthy men, the Bishop may choose others; as also Toletan. 9 c. 2. and that if the Patrons agree not, he may seal up the Church, as before is showed, which shows the power of the Bishop upon their default; but other thing I know not.  

Pag. 391.  But after that, he searcheth phrases, which may import the sole interest of the Patron; the first is, that it is called Donation, in their Writs of Quare impedit.  
Animad. 13 Which we in our phrase indeed express, when we say, In whose gift is such a Benefice? And he may be said to give the Benefice, for that that individual person, elected and presented by him, having no Canonical exception taken by the Bishop (a part of whose flock he must govern) is upon th● Patron's Title, and the Bishop's Institution, by the ministery oh the Archdeacon possessed of it; the Title being in the Patron the approbation in the Bishop, and the execution in the Arch deacon: the Patron's end being the discharge of his trust to present and nominate; the Bishops, the cure of souls; and the Archdeacon's the Church, to which both belong.  
The next word is Praesentare, to signify the placing of an Incumbent in a Church by investiture, being made only of repraesentare, which in that Council of Lateran and elsewhere, 
Sub Alexan. 3.  occurs also for praesentare.  
Animad. 14 But in that Council of Lateran, and the rest of the places, it signifieth to present, to be allowed and instituted by the Bishop; which is quite opposite to investiture, Praesentare being commanded, and investiture being forbidden to Lay-men: And therefore this interpretation is not true. The phrase of Repraesentare ad Ecclesiam, is in the first Council at Arles, sub Syluestro Papa, cap. 23. De his qui Apostatant, & nunquam se ad Ecclesiam Repraesentant. In which sense, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifieth, Repraesento, to Appear or present to view, Restituere vel reddere ut possit videri, and so his nice deduction will come to nothing.  
And the next word Nominare, which is, saith he, 
Pag. 393.  the same with praesentare, doth signify to fill a Church by investiture, and for that he citeth, Novellarum, cap. 123. §. Si quis Oratorium, where the words are; Si quis Oratorium extruxerit, volueritque in eo promoveri Clericos, vel ipse vel haeredes eius, si sumptus ipsi Clericis subministrant, & dignos nominaverint, nominati ordinantor; Si vero qui ab ipsis electi sunt, eos tanquam indignos ordinari Sacri prohibebunt Canon's, tunc locorum sacratissimus Episcopus eos quos praestantiores putaverit, promoveri curam agito. If any build an Oratory and would prefer Clerks, either he or his heirs, if they give them maintenance, and name those that are worthy, let them that are named be admitted: but if those who are elected by them shall by the Canons be hindered from admission, then let the most holy Bishop of the place take care of promoting the more worthy.  
Animad. 15 He that shall but conceive the conditions, Si sumptus etc. and Si dignos; And observe the explication of Nominati, by Electi; and the Bishop's privilege not only to refuse the unworthy, but in that case at his own will to promote other more worthy; can not understand as he doth investiture, but the course of presentation as now it is.  
Next he produceth the same word Nominare in a quotation out of Cicero his Epistles ad Brutum. Ep. 7. where he saith the word Nominatio in the purer time of Latin signifies giving a place or office that is void.  
Animad. 16 The words of the Epistle, being Brutus to Cicero, are these; In Pansae locum petere constituit (meaning Bibulus) eam nominationem à Te petimus, neque digniorem nominare potes quam Bibulum, Bibulus intends to sue for Pansas place— we desire that Nomination of you— neither can you nominate a more worthy than Bibulus. Where Brutus asketh this of Tully, being then (as Manutius affirmeth) Augur. Concerning whose office, he notes out of the Rhetorickes ad Herennium lib. 1. Lex jubet Augurem in demortui locum qui petat, in Concione nominare, The law commands the Augur to name in a public assembly, who may stand for the place of the dead; And again, Augur quidam damnatus de pecunijs repetundis in demortui locum qui petat nominavit, An Augur condemned for bribery named who may sue for the place of one departed in an assembly. In which words no giving a place or office is signified, but only a duty of naming who are or may be competitors for such an office; that the people who have choice may auspicatò take notice how to bestow their Suffrages; For else why should it be in Concione in such an assembly? but if not so, it can be only to give a suffrage, for I need not tell our Author that the Consulship (for in that Vibius Pansa died) was not collated by any particular nomination, but in Comitijs by suffrages. Neither yet did Bibulus (for whom Brutus made, and, no doubt, obtained his suit of Cicero in nomination) succeed in the office. O strange interpretations of a Critic, to make good his false opinions; well it had been if he had insisted on his first sense, pag. 86. of Nomination, where he saith praesentation is only as a nomination, not giving interest and possession.   

ANIMADVERSIONS on the thirteenth Chapter.  
Animad. 1 Here he treats first of Infeodations, 
P. 395.  but before the Statutes of Dissolution 31. Henry 8. me thinks he proveth but few; for that of Odo Bishop of Bayeux and Earl of Kent, saying, Decimas, quas mei fi●eles habebant; and the other of Decimae hominum meorum; and the other by d' Oilly, are but the Landlord's confirmations of their Tenants gifts of Tithes of those lands held of them. For Lords had authority therein, as may appear in the Chartulary of Abingdon, p. 303. where Bradinden giving his Tithes, said, He would entreat Robert de Insula his Lord, Quatenus illius permissione & concessu suo hoc confirmaret, ut haec Ecclesiae ipsius Decimae donatione firmiùs inposterum potiretur: and the Lord hath a Right in the land demised to his Tenant.  
That of Robert d' Oilly is thought to be an Infeodation by the book of Osney, as that other of his, which repenting himself of, because Contra naturalem Ecclesiae usum, he had abused them, he revoked and gave them to the Free Chapel of Saint George in the castle at Oxford.  
But hence his Corollary is, 
P. 402.  that it will still remain most probable, if not true, that what Infeodations were in England, had their original▪ aswell 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.  
Animad. 2 The first part is neither probable, nor clear, especially concerning new created Tithes.  
But this he proveth, because no sufficient story, no credible monument, no passage or testimony of worth, can justify that general right of Reteiner or disposition, to have been given by the Clergy, or Pope, upon any condition whatsoever.  
Animad. 3 A general Right of Reteiner or disposition was never granted, nor practised, but particular allowance by way of favour, was granted to each Act, upon several reasons: which is sufficient for the purpose of the Canonists, who doubtless never say, that the Church by general Indulgence or Canon, did allow any Lay men, alone to dispose or retain Tithes; but for special considerations, did grant such privilege to particular men, to the prejudice of the common right; and where it could not help, was feign to tolerate. For to show this, all the Testimonies almost before cited, are alleged.  
Animad. 4 The rest of his Testimonies only seem to prove Infeodations, to have been here in England, yet do not infer, but that they might have original from the Church, and therefore doth not cross the Tenet, that all Infeodations are from the Church.  

P. 405.  Animad. 5 In the next Section, he considereth Exemptions, and that either by Privileges, prescription, or grants, and compositions, and Unity of possessions. But in this, because all came originally from the Church, me thinks I see, how Praelati were Pilati, and these Dispensatores were Dissipatores: So perditio nostra ex nobis.  
But O that our Lord the King by command, and the consciences of men by religious consideration would root out these weeds, which mar the come, and hinder the labourer; These Exemptions, these relics of Rome's highest superstition, the maintenance of Monkery, which for avoiding scandal, 
Aug. contra Epist. Parmen. lib. 1. cap. 2.  though we suffer, yet will be required of the consciences of men. But, Ego parco, non invehor, non exaggero, dolorem nostrum meliùs premo quam promo: I forbear, I inveigh not, I do not exaggerate, I better conceal, then reveal our grief. He whose land must be exempted from paying Tithes, let him consider, if his soul may not be exempted from the blessing of God. And so I come to the last Chapter.   

ANIMADVERSIONS on the fourteenth Chapter.  
IN this last Chapter, in the first, second, and third Sections, first he pointeth at the Histories of the jurisdiction of tithes in the Saxons and Normans times, and since King john. And first proposeth this axiom.  
It is clear by the practised common law, 
P. 411. N. B.  both of this day, and 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 the Right, belongeth— properly to the Ecclesiastical Court. As all spiritual causes, as the Novel. 123. §. Si pro Criminal. Si Ecclesiasticum negotium sit, nullam communionem habento Civiles Magistratus, cum ea disceptatione, sed religiosissimi Episcopinegotio finem imponunto. If it be an Ecclesiastical suit, let the Civil Magistrates have nothing to do there with that Plea, but let the Bishops end it. Yet he saith, 
P. 412.  in the Saxons time such Pleas were in the Hundred Court, before the Bishop and Sheriff of the County, as out of the Laws of King Athelstan.  
Animad. 1 But this annexing of the Sheriff, was only for aid of obtaining, not as to exercise jurisdiction in cognisance of the right: Answerable to the law of Hlotharius or Charlemagne. Leg. long. lib. 3. Tit. 3. c. 7. & in Addit. 4. ad Cap. cap. 73. A comite vel a misso nostro distringatur, let him be distrained by our Shrieve or messenger: And to Charles the Great, his addition to the Laws of the Bauarians n. 10. And to the Canon in Synodo Mogunt. sub Rabano. cap. 7. where, in cases of Tithes the Lay-officer is added for execution.  

P. 413.  But in the Normans time this Hundred Court for spiritual cases was forbidden;  
Animad. 2 And the Bishop or Archdeacon which did Tenere placita, that is, judge cause●, in the Hundred Court, must appoint themselves places to hear such causes, because since in the Hundred all suits were brought ad judicium Secularium hominum▪ that is of a jury, the Conqueror therefore redressed it and distinguished the seats of judicature.  

P. 414.  But after Henry the second, tithes were exercised in both Courts, saith he, aswell Secular as Spiritual, and that by original suit, for the Spiritual Court he findeth one example in King Stephen's time.  
Animad. 3 But to that let me add some out of our Chartularies.  
In the confirmation of William Archbishop 1131. There it is said, Decimas de Modingham, de quibus per Rectorem de Eltham, coram nobis fuerint impetiti propterea ex consilio & assensu jurisperitorum nobis assidentium ijsdem Monaechis adiudicamus. The Tithes of Modingham about which they were impleaded before us by the Parson of Eliham, wherefore by the Counsel and assent of our Lawyer's assessors with us in the business, we adjudge them to the same Monks. This in the days of Henry the first.  
So Theobaldus in the confirmation to the Priory of Leeds, praecipue Decimam de Summerfelda quam in Synodo Cantuariae ante nostram praesentiam in judicio d●ctus Prior disrationavit, Especially the Tithes of Summerfeld which in a Consistory at Canterbury, the same Prior before our presence did evict.  
So Richard Archbishop made his confirmations upon occasion of the suit before him, for the Portion of Geddings.  
Some others might be produced of those times, and since, there is no question for the Ecclesiastical jurisdiction. Those Appeals to Rome in johannes Sarisburiensis, 
P. 415.  by him cited, may certify, which after were forbidden, by reason of the immodest behaviour of Thomas Becket, who (to use the discreet words of the same john, Epist. 150. Dominum Regem & suos zelo quodam inconsultius visus est ad amaritudinem provocasse, cum pro loco, & tempore, & personis, multa fu●runt dispensanda, He seems to have provoked his Lord the King to bitterness with an unadvised zeal, whereas for respect of time, pl●ce, and person, much was to be remitted and dispensed with) thereby did alienate altogether the King from Ecclesiastical proceed, who then forbade, the then usual courses of Appeals (which were the chief of those Auitae consuetudines, in the Epistle cited 150.) that so all such Titles were for that time determined before the King, (the Archbishop and the other Bishops being in opposition to the King.) But for his examples; How in the King's case; or of others, the parties being of other Provinces; or the matters being Churches, wherein the Patronage was accounted Temporal; or the party being in the King's service out of the land, may alter the case (to which all his examples are to be reduced) I know not: Yet also that usually the Secular power, though against the Canons & claim of the Clergy, would intermeddle in some cases, cannot be denied; though our Author acknowledge the direct jurisdiction to belong to the Spiritual Court pag. 411. and urgeth Fleta and Breton for it, pag. 428.  
In the next Section concerning the time after Henry 2. and King john, He saith, the Secular jurisdiction through fear, 
Pag. 421.  was almost out of use in this kind.  
Animad. 4 But I am persuaded, and appeal unto his reading, and the judgement of all the Lawyers, whether more frequent prohibitions, and claim of jurisdiction in Tithes, have not been more since practised by the secular Courts, than ever before? as may hence against him appear, That for the proof of it he hath cited no Prohibition, Fine, or Writ, or Record in all the following Paragraphs, but after these days of fear, the days of Henry 2. and K. john: for after that, the Canons were more neglected, and the Secular jurisdiction more increased then before; which I affirm against that odious passage in his Review, wherewith he ends his Treatise, whereout, it may be, others may pick more sacrilege than he meant. And therefore leaving him in the following Law-passages, to be examined by some Lawyers, who may either find him altering the question from Tithes to Aduouson, (as to my understanding he altogether doth) or to be otherwise erring in his Collections, I desist from further answer of his more feared then fearful book. Only for a Corrollarie, desiring of both jurisdictions, and the King the Head of both; that since so many godly and gracious Laws and Canons, in former ages have been made, and with such conscience by our Ancestors regarded; that the sacrilegious Tythe-robbers, by pretence of new Customs and Considerations, may not be countenanced; but even the old customs and rates of things, as in those times they were worth, may in time be remitted: For with what conscience may a man retain his Tithe, and pay for it but a penny or halfpenny, which is now xii. pence, or ij. shillings? And why should the Tenth be less worth, than any other of the Nine parts are? that so God may have his right, and all may have God's blessing.   

ANIMADVERSIONS upon such Passages in the Review, which either that worthy Knight Sr. JAMES SEMPILL hath not confuted, or are in the Book before remembered.  
Having read the Book, and then seeing the Title of a Review, I hoped some religious retractation or recognition (what by the conscience of the weakness of his proofs, and what by the censures of his book) should have been published ut secundas partes habeat modestiae qui primas non poterat habere Sapientiae. But that partial conceit which each man hath to the child of his own brain, especially younger men, hath engaged him herein to defend with strange resolution, what against all truth he had affirmed: Whereof, since in many places of my former refutation I have made mention, and in some others, am happily prevented, I will only insist against those passages which are pretermitted.  
And to begin, 
Pag. 461.  I must pass to the 4. Chapter wherein a new Quotation of that Great Father Epiphanius is proposed and insisted upon; to prove, that neither then Tithes were paid, nor to be paid, because merely ceremonial, as Circumcision, and the like. The place quoted is in Haeresi 50. of the Tessares-decatitae, of whom Epiphanius saith, that, except this Heresy of celebrating Easter on the fourteenth Moon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, They have all things as the Church. But for the defence of this Heresy they proposed the curse of the Law against those that did otherwise; To which Epiphanius answereth, That so the Law curseth the uncircumcised, and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, those that did not offer at Jerusalem; Ranking Tithes amongst abrogated Ceremonies, which they also yet agreeing in all things with the Church, did not, as may seem, observe.  
Animad. 1 Damascen de Imaginibus Orat. 1. in another case, said of Epiphanius; una hirundo non facit ver, neque unius oratio tanti ponderis est, ut totius Ecclesiae abortu ad occasum Solis propagatae, mores & instituta possit evertere; one Swallow makes no summer, neither is the speech of one so weighty, that it may overthrow the manners and ordinances of the whole Church scattered from East to West. I will not say so of Epiphanius: Neither will I say as our Author; He did not sufficiently understand; and neither will I reprehend him for this, as he is rejected by all for his opinion of the feast of Christ's Nativity, but make answer from his own sense by repetition of his former words. At high quidem omnia habent velut Ecclesia, aberrant autem ab omnibus, eo quod non consequentiae & doctrinae rituum attendunt, judaicis adhuc fabulis addicti, & neque aequalia ipsis docent; But these have all things like the Church, yet they err from all, because they observe not the consequence and doctrine of the Rites of the Church, but still being addicted to jewish fables, yet do not hold all as they do. Whence appears, though, as after it is said, they agreed in the principles of Religion, of the Trinity, of the Books of Scripture, the Resurrection of the Dead; yet that in these Rites of the Church by consequence derived from the Doctrine (of which sort are Tithes) they did err, and being addicted to the jewish ceremonial Law, they would observe the day of Easter in the same time as theirs was observed, for fear of a curse; and yet would not Tithe as they did, and to whom, and where they did, nor be circumcised; since alike they should observe the one as the other, if they regarded the curse of the Law. So that here Epiphanius may seem to rank no tithing with Circumcision, but such as was in the circumstance judaical; not to condemn tithing as he doth Circumcision, but only tithing to such persons as Legal Priests were, and in such places as the Law prescribed: This place makes not against the substance of Tithes, but the manner and place of tithing, and herein directly followeth Eusebius Demonstrat. Euangelicarum, lib. 1. cap. 10. Whereas to omit his opinion as uncertain elsewhere; For the practice of these times, Saint Chrysostome his opposite, and Saint Hierome his defender against john of Jerusalem, in the condemnation of Origene, may testify, whose authorities both for the practice and right, appear in the Catalogue, and in other places.  
In the sixth Chapter, 
P. 467.  reviewing his opinion of arbitrary consecrations, in the third 400. years, he puts this Demur to the consideration of the Reader; How otherwise could the Founders and Benefactors of Monasteries, have made Tithes part of their Endowment? The answer is ready.  
Animad. 1 By translating anciently consecrated Tithes, by the consent and authority of the Bishop, for so Founders and Benefactors did assure them to Monasteries.  
But thence he infers, the validity of the Donors' act, 
P. 478 Ad Tit de Decimis, Cap. Dudum. num. 11.  for that Confirmatio ex proprio significatu denotat firmitatem actus confirmati, as Panormitan: And, Nihil juris novi tribuit, sed tantum vetus confirmat, as Innocent 4. ad dictum locum, etc.  
Animad. 2 But first in these conveyances of Tithes, the act of the Bishop was not only a confirmant, but a concedent, and conferring act, as by the form of Gundulphus in his Charter, and of all such, which at the time of the Donation gave their authority.  
And secondly, some confirmation may be ad solemnitatem actus, and so give no right, others, ad necessitatem actus, without which, is no valide act.  
And thirdly, the distinction of Angelus de Clavasio in summa, Verbo, Confirmatio summi Pontificis, may limit those rules. Confirmatio summi Pontificis ex certa scientia, facit validum, quod erat nullum respectu juris positivi; facit firmum, quod aliâs est infirmum; solemn, quod non est solemn, supplendo defectus solemnitatis omissae. Si vero fiat in forma communi, non ex certa scientia, nihil juris tribuit, sed solum vetus confirmat: The confirmation of the Pope out of certain knowledge, maketh that to be valide, which was void in Law; maketh that strong, which was otherwise weak; that solemn, which was not solemn, supplying the defects of solemnity omitted: But if it be made in common form, not out of certain knowledge, it gives no right, but only confirms the old.  
But he proceedeth, and alloweth, that since, about the year 1200. such grants, even with confirmations after were disallowed, as appears out of the Canon of Innocent 3. Tit. de his. q. f. à prael. cap. 7 cum Apostolica. and, Tit. de Decimis c. dudum.  
Animad. 3 But the first place is very falsely alleged, such grants by the consent of the Bishop, being there allowed; and, Constabit ipsa Donatio, perpetua firmitate subnixa, are the words. In the second place indeed, the grant is disallowed, though confirmed by the Pope, but why? because the Tithes were before debitae to another Church, which had given no consent by the Bishop, whose right might not be impeached, and a sufficient prescription, since the confirmation could not be proved. This illation therefore out of these places, is not good, neither until after the Council at Lions under Gregory the tenth, concerning whose times the three Monks speak, were grants with confirmations disallowed. These are therefore false.  
And so is another which he adds, more false: For he saith, These two places, Tit. de his qua fiunt à Praelat. etc. cum Apostolica, and Titulo de Decimis, c. Dudum, are expressly of New creations at least, not of Infeodated Tithes, as every Canonist will acknowledge.  
Animad. 4 Yet the first place is plainly of Infeodated Tithes, and ends this conclusion with the interpretation of the Lateran Council under Alexander the third, Hoc autem de illis Decimis intelligimus, quae Laicis in Feodum perpetuò sunt concessae: But this I speak of Infeodate Tithes. And in the third place, they cannot be New created, but, Vesprimensi Ecclesiae debitae, quas non permitterent solui, due to that Church, which they would not suffer to be paid. And they are commanded, Non ulterius impedire, quo minus Decimas percipiat memoratas, etc. Not farther to hinder, that the foresaid Tithes be not paid.  
Animad. 5 In the next place also, he attributed that to subtlety, 
P. 469.  which was allowed for the peace of the Church (the claim of prescription of thirty or forty years) and was pretended before these last 400. years, as himself hath showed, by the example of Goffridus Vindocinensis, pag. 75. when such Consecratours, if any were, might have been named. But this prescription of Times in such Parochial right, was even in Concilio Chalcedon. Can. 17. decided, and so by Pope Gelasius, in Epistola ad Siculos, num. 2. where he citeth the Imperial Laws, and both Gratian and the Decretals are full of proof. And those two Canons, Tit. De prescript. c. 6. & 5. quoted, do not at all insinuate any such claim of prescription to countenance any such act of Lay consecration, but only are Canons in general.  
Animad. 6 After, he supposeth another falsehood, which, he saith, seemeth certain; that the Titles derived by Lay consecrations, were carefully concealed by the possessors, in such public Records of their revenues as were of more common and open use, in their Legal proceeding at the Cannon Law.  
Perchance he hath not met with any, yet therefore let him hear this out of our Chartularies, that in most of the confirmations of the succeeding Bishops, whereof we have most until Anno 1478. expressly the Donors are named, for so in that year is the confirmation of john Russell, Bishop of Rochester, And in all plead the ancient Muniments were exhibited, wherein the special Charters of the Donors and Bishops were showed.  
But for conclusion, 
N. B.  he bewrayeth the novelty of the opinion of arbitrary consecrations, even arrogating (and well may he) this strange doctrine to his own invention, to which none else hath pointed at that wrote of this subject, and therein he persuadeth himself, that every understanding Reader will think them worthy his consideration.  

P 470.  Animad. 7 Concerning Appropriations, his consideration is answered in the Book, and his inference, though it may seem religious, Namely, that because they are appropriated by the dedication and vows of men, that therefore they may not be profaned to Lay men's uses: Yet when they shall consider that these Appropriations and dedications (of new created Tithes forsooth) were only intended to the maintenance of such places, which now by reason of the superstition there, they can willingly acknowledge to be rightfully suppressed: Now the aim of their dedication, the Monastery, being taken away (to the possessions whereof the Donors did by many imprecations upon the detractors or detainers religiously bind them) what now upon his supposition and proof shall hinder, but that profane Atheists (who will wave the right De jure Divino) shall think they may without scruple of conscience retain them. For they will say, these Tithes, not before in conscience due, were consecrated to such a Monastery, Now the Monastery being dissolved, who hath right to them? By the Donors' gift none; he gave them for ever; Hath the King? Then we may buy it, say they; Therefore with a safe conscience we may keep it: Let all the curses of the Donors, light on the dissolver of the Monastery, but upon us who bought it for a valuable consideration; no curse can fall: But if he and our Author consider the Divine right, than such evasions as Civil Titles, customs, exemptions can nothing free the conscience of sacrilege, but that he may fear a destruction to himself, who devoureth what is holy.  
But He knoweth better than I, that if an house of Religion had been dissolved by death or session of the Religious, or otherwise before the Statutes of dissolution of Abbeys, etc. In that case all appropriations belonging to it should have been presentative, and the patronage should have reverted to the heirs of the Donors, and the Tithes to the Parish Priest, whose they were by Divine right; since he did the duty of Tithes: And let those that hold impropriations, in their consciences weigh their Title, with God's right in Tithes.  
In another Section of this Chapter He speaketh of Episcopal right in Tithes: 
Pag. 472.  And after some examples out of Krantzius (whom before he so scoffed at) he remembreth a passage in Helmoldus Hist. S●lau. cap. 29. Where Gerold Bishop of Oldenburg, writing to the inhabitants of the Deserts of Wagria, to pay him Tithes, amongst other passages, he saith, Praeceptum cui obedierunt Patriarchae, Abraham scilicet, Isaac, & jacob, & omnes qui secundum fidem facti sunt filii Abrahae per quod laudem etiam & praemia aeterna consecuti sunt, Apostoli quoque & Apostolici viri hoc ipsum ex ore Dei mandaverunt, etc. A precept to which the patriarchs Abraham, Isaac and jacob obeyed, and all these that through faith are made the sons of Abraham, by which they obtained praise and everlasting rewards; The Apostles also and Apostolic men, have taught this from the mouth of God. Here he insults, saying, It seems he was in some confidence, that because he was Bishop, he might make them believe any thing of the Patriarches and Apostles. And you may see, that he loved the profit of the Tithes so well, that he would 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, as the sons of Abraham paid them, or that thereby all had gained praemia aeterna; or whence could he have justified it, that the Apostles had ordained it?  
Animad. 8 If the Author did not through the sides of this Bishop, strive to show his opposition against the Divine right (whereas he protesteth in the Preface of his book, that he writes not to oppose it) he would never have so needlessly opposed that in him, which all that hold Tithes to be de jure Divino, dare, and do defend it: namely, that all the Patriarches and faithful did, or aught to have paid Tithes; & that observing this and the other Commandment, they went to Heaven. Let Concil. Aquense. ann. 837. c. 18. be considered; Quod Melchizedec Sacerdos Dei altissimi Typum gesserit Christi, Catholica sentit Ecclesiae, quod ei Abraham ex omnibus Decimas dedit, ipsius Abrahae ingentia commendantur praeconia, quem imitantur, qui Sacerdotibus Christi ob illius honorem & amorem decimas daunt, & ab illius merito sequ●strantur qui Deo oblatas Decimas auferunt: That Melchizedek the Priest of the high God, was a Type of Christ, the Church knoweth. Abraham for giving Tithes of all, is commended greatly, whom they imitate, who for the honour and love of Christ, paid Tithes to his Priests; and they are separated from his merit, who take them away. They are the sons of Abraham that do the works of Abraham. As for the Apostles their tradition and ordination, how many of the ancient learned have acknowledged, vide Catalogum.  

Pag. 473.  The next passage is to disgrace the claiming of Tithes, by a speech of Aimoinus in the life of Abbo, where in the tumultuary Council of S. Denis, cap. 9 the Monk in favour of Abbo and his Covent, relates, how when the Bishops met, secundum vulgare proverbium cunctum suum sermonem ad Decimas verterunt Ecclesiarum; Which is, saith he, they went from the matter.  
Animad. 9 And true indeed it was, if their intention were the matter of consideration, who were so far from such consideration, that the Monks and laity, who both enjoyed the benefit of Tithes, profanely assaulted and wounded the same Bishops.  
And here in that it is said, Laicis ac Deo seruientibus Monachis, To Lay-men and Monks serving God, he will not allow the distinct signification, but rather conceive them expositiué, one of another, and by both, that Monks, who in their esteem were accounted Lay-men, were signified.  
But then, why is the disjunctive put between Laicis ac Deo seruientibus Monachis? Why do they call them Lay, whom they knew were of the Clergy? So was Abbo himself▪ cap. 6. a Priest, and others of his Monastery: But the last words of the next Chapter before this, doth plainly manifest it, since that Abbo himself in his Apologeticum doth complain of it; Est etiam alius error gravissimus, quo fertur Altare esse Episcopi, & Ecclesiam alterius cuiuslibet Domini, cum ex domo consecrata & Altari, unum quoddam fiat quod dicitur Ecclesia, videte aequissimi Principes, quo nos ducit cupiditas dum refrigescat charitas: There is also another most grievous error, whereby it is said, that the Altar is the Bishops, but the Church belongeth to another Lord; whereas of a house consecrated and the Altar, is one thing made which is called a Church. See, ye just Princes, whither covetousness leads us when charity is cold. And out of these words, who cannot collect Lay-Infeodations, which yet to have been, our Author is not willing to confess, and therefore admits that interpretation.  
After this He revieweth Infeodations, 
Pag. 474.  and would not admit them from the Church; And therefore whereas Bertrandus de Argentrè brings this Argument, If Infeodation of Tithes had not come from the Church, than had the Tithes paid Tithes also to the Church, by reason of the many Canons to pay Tithe of all Annual increase.  
Animad. 10 This he answereth, by supposing his own paradox, which neither Canonist nor Divine will grant him; nor he can prove, though he call it the known beginning of Tithes created and consecrated to Monasteries by Lay-men: for, saith he, the same might be objected against them so consecrated, And if so consecrated and not Translated from Bishops or Churches, so they might and ought; But the New Creations (forsooth) as these Infeodations came from Churches: And his answer is vain, grounding upon that, which being his own invention, he should have known to have been admitted, before he had framed such a comparison. And for that part of the Argument, that because of the Churches many Canons, it is likely they should have paid Tithes if not from the Church, He strangely enueyeth against such Arguments, as ridiculous, and gross, and childish; Which if the Canons were but words without penalties annexed, and all men must in charity be thought disobedient and irregular, than they might easily be contemned, and an Argument from praeceptum, ergo factum, would be as weak, as à posse ad esse. But the Canons were otherwise, and so should his censure and his answer have been, 
Pag. 70.  who should maintain a lawful practice, and as he boasteth, allowed clearly by the Clergy; or else ground all he speaks upon abuses, which to make the consciences of men afraid of if they did alter, is worse, then deserving such Titles.  

Animadversions on the last Chapter.  From thence, I pass over to the last Chapter, for the next is only a defence of the Common Law, which P. Blesensis calleth Consuetudinarium, & Seculare ius, Ep. 25. and the Eight is, the history of William the Conqueror, and a defence of the language of the Common Law, which is so contemptible among the many pettielazie ignorants.  
And in the last Chapter, is an honest passage from the ground before, of Arbitrary Consecrations against Impropriations, (but the danger thereof I have before discovered) and a compassionate consideration upon the manner of the Dissolution in Henry the eight his time; to which he addeth Roderick Mors his complaint to the Parliament, which is in his 14. Chapter of that Treatise,  

P. 488. etc.  But his Conclusion is a passage of odious consequence, That the payment of Tithes in these last 400. years, grew more regarded, by how much the decretals and Canons grew most dreadful to Princes and subject, to urge this on to a continual practice; and that with execution of the reigning Censures of the Church: And that the insolency of the Pope and Clergy put these Canons and decretals more in execution.  

Animaduersio.  The ill Sequel of this, in the conceit of those, who in hate to the Church of Rome's practice, and Decretal authority, (especially growing insolent) will be glad to make conscience of their gain, who cannot consider? when some froward precise Atheist can say, This exaction of Tithes proceeded from Rome's insolency; Therefore let us go out of Babylon, say they, and we'll pay none.  
But his conclusion is all false, For since these last 400. years there hath been less power of the Canons in practice; more customs maintained against the Church, De modo Decimandi, and De non Decimando; then ever before: The insolences of the Pope gained contempt, not obedience: And the Charters of Kings to the Church were less favourable than before. That of Richard the first, in the place cited (who with great favour gave them an indulgent Charter of their Liberties, saith he) what was it, but whereas the Clergy for his ransom, gave great sums of money, he by that Charter promiseth that such their extraordinary contribution should not be taken as a precedent to tax them for future occasion, Nec hac vel alia occasione volumus dignitatibus Sanctae Matris Ecclesiae in aliquo vel eius libertatibus obuiare, sed pro omni posse nostro & scire (Deo volente) volumus omnem eius immunitatem & universas eius dignitates, & libertates (ut dignum est) conseruare integras, & pro loco & tempore quibus licuerit augmentare, Neither that by this or any other occasion we would cross the Liberties of the holy Church in any thing, but in what we can and know (God willing) we will preserve all their immunity, and all their dignities and liberties safe, as is fit, and as time and place shall permit, will augment them.  
Is here any more than what Kings at their Coronations did then promise? and he for his ransom could do no less. And yet in this King's time was there not one Fine of Tithes levied in his Book p. 441? And some other Actions of discontent to the Clergy, although the remembrance of his misery redressed, by the Clergy, did make him more respectful than his Successors? And which is the Author's inference, was Parochial right in his time so settled, but that many translations and appropriations to Monasteries were admitted, which until the seventeenth year of King john his Successor, that is until the Council of Lateran. 1215. (if then) was not restrained as in many places he doth acknowledge? But in the time after, how many petitions of the Clergy, in general, in particular for redress of tithing? What prohibitions to interrupt the jurisdiction, himself doth in the 8. and 14. Chapters strive to prove. Let not therefore any be persuaded that the original of exacting Tithes, was from the insolency of the Pope, whose easiness in granting Exemptions, giving way to Translations and Appropriations, giving approbation t● the Doctrine of the Schoolmen herein, hath given occasion to all sacrilegious irregularity.  

Serm. 1 de Conuers. Pau●i.  So that the Clergy may say in S. Bernard's words unto God, Egressa est in quitas à Senioribus Vicarijs tuis, qui videntur regere populum tuum.— & ipsi in persecutione tua primi qui videntur in Ecclesia tua primatum diligere, gerere principatum Iniquity hath proceeded from thy Vicars, O God, who seem to rule thy people, and they seem to be the first in thy persecution, who both love and have the primacy of the Church.  
And thus have I passed this Author's Book; of whom by his book, 
Lib. 7 Indict. 2. Epist. 91.  I see that Eloge which S. Gregory gave of Barbatianus the Monk to be true of him, Sunt bona quae in eo placeant, sed hoc est in illo vehemens vitium, quia valde sibi esse sapiens videtur. 
Epist. 77.  And that of S. Bernard's of P. Abelardus, Videtur plus novitatis curiosus quam studiosus veritatis, gravarique de omni re sentire cum alijs, & dicere, quod aut solus non dixerit aut primus.  
And concerning his Book, in it more pains than truth, more strange reading, then strong reasoning; more quotations, than proofs; more will (God be thanked) than power; good to use, 
August. confess. lib. 3. cap 3. Lactant. l. 1. c. 1.  but dangerous to believe; a History of Tithes, but not true; not only, but even the Authors surname backward, NEEDLES; or in sum, Sacrilega curiositas, Arguta malitia.   

LONDON, Printed by JOHN BILL, M.DC.XIX.