sealed and proclaimed deeds and Laws that our State has or the Lawyers themselves know where to seek for The beginning thereof is this Edward by the Grace of God King of England c. We have seen the Charter of the Lord Henry sometime K. of England our Father of the Liberties of England in these words Henry c. which we confirm Chap. 1. First we have granted to God and by our present Charter have confirmed for us and our heires for ever that the Church of England shall be frée and shall have all her whole Rights and Liberties inviolable We have granted also and given to all the Frée-men of our Realme for us and our heirs for ever these Liberties c. This is a little more emphaticall in the Latine which for the better countenancing both of the testimony and the thing I choose to represent from a fair Manuscript in the publick 1 S 1. 8. Iur. Library of Oxford where thus Imprimis concessimus Deo hac praesenti Carta confirmavimus pro nobis haeredibus nostris imperpetuum quòd Ecclesiae Anglicana liberae sit habeat 2 That is That all Ecclesiasticall persons shall enjoy all their lawfull Iurisdictions and other their rights wholly without any diminution or subtraction whatsoever Cook Instit 2 pa 3. Jura sua integra libâ—rtates suas illaesas Concessimus etiam omnibus liberis hominibus c. This is that Charter in the ninth Chapter whereof is confirmed the Charter of the City of London in the fourteenth That none shall be amerced unreasonably but salvo contenemento as he may be able to bear in the twenty ninth That no man shall be outed of his Frée-hold but by course of Law so much stood upon formerly lately and justly and ever to be stood upon Every line whereof might have been written with some of the subjects bloud it cost and in answerable price of worth containeth some piece or other of a firm wall to keep out Invasion and hindering will and power gotten strong from entring upon and trampling downe the peoples Libertie Wherein note two things granted to the Church sc That she should have all her 1. Rights 2. Liberties Those Rights Intire Those Liberties Inviolable What were first her Rights 3 The Councel of Aenham had flyled them before Deo debita Iura cap. 1. in Spelm. Concil pag. 517. and K Knout likewise in his Laws cap. 8. in Lambard Archai pa. 101. And before either K. Alfreds League with the Danes Dei Rectitudines Spelm. pa. 377. The whole face and condition of things represents it self such that if any thing were These were now Rights Tythes no question Even then generally due and universally paid and so for a long time had been There needed no more then or the Ages before but to prove the land in the Parish of Dale and the Tythes were cast upon the Church of Dale without any Evasion And this so true and known that there is none from the information before or other acquaintance with the state of things as they were truly informed but must grant as much as I say without haesitation And these rights were also granted Intire Next what were her Liberties A volumne were here little enough and I had once thought of laying together Many But to our present purpose let a few Acts of Parliament expound what one priviledge at least was In 18 Edw. 3. there is a statute for 4 Pulton p. 143 the Clergy and it was granted in regard of a Triennial disme given that Martiall Prince to further him in his Wars for France In the sixth Chapter whereof is mention of some Justicers appointed to the impeachment of Ecclesiasticall Jurisdiction of 1 The knowledge of all causes testamentary causes of matrimony and divorces rights of Tythes Oblations and obventions by the goodness of Princes of this Realm and by the Laws and Customes of the same appertaineth to the Spiritual Iurisdiction of this Realm c. Statut 24 Hen. 8. â—2 Tythes among other things why may we not well understand and is against the Franchise this Statute says of the Charter Let the words speak their own sense Item Whereas Commissions be newly made to divers Justices that they shall make inquiries upon Judges of holy Church whether they have made just processe or excessive in causes testamentarie and other causes decimall as notoriouslie doe belong hither as testamentarie a hundred proofs are for it which yet notoriouslie pertaineth to the cognizance of holy Church the said Justices have inquired and caused to bee indicted Judges of holy Church in blemishing of the Franchise of holy Church that such Commission be repealed c. See here what Franchise is in part sc to have Ecclesiastical Jurisdiction free proved by that to disturb it is a breach or blemish of the Franchise Next take another gloss in the plain text of 1 Rich. 13. where 2 Id. pa. 200. The Prelates and Clergy of this Realm do greatly complain them for that the people of holy Church pursuing 3 That this apprehension may not seem a mistake this very Chapter I finde alledged heretofore to prove that the proper scene of trial of tythes is the Ecclesiastical Court by M. Fulbeâ—k in his parallel par 2. Dial. 1. sol 6. in the Spirituall Court for their Tythes there is the Jurisdiction and this particular asserted and their other things which of right ought there 's more then possession Due and of old times were wont to pertain to the same Spiritual Court there 's continuance of time or prescription and that the Judges of holy Church having cognizance in such causes other persons thereof medling according to the Law be maliciouslie and unduly for this cause indicted imprisoned and by secular power horriblie oppressed c. against the Liberties and Franchises of holie Church Wherefore it is assented that all such Obligations shall be of no value c. Here another statute interprets what Liberty and Franchise is by that the clogging of Ecclesiasticall Jurisdiction in this matter of Tythes was a breach of that Franchise and so after when the Cistertians endeavoured to exempt their Formours Lands as well as their own from paying Tythes that due power could not fetch them in this was again against the Franchise as 4 Alledged hereafter complained in Parliament 2 Hen. 4. 4. And lastly a 5 The Annals of Burton cited by M Selden of Tythes cha 14. pa. 419. National Councel represented as one of their grievances at London 21 Hen. 3. The over-lavish use of the Indicavit whereby the Kings Judges would first determine what tythes were due to what Church and this was in Regno Angliae in praejudicium libertatis Ecclesiasticae Which things may together shew fully enough what the breach of Franchise was and by consequent what the Franchise it self by the best which is publick interpretation Whence also likeliest this was the meaning of the Grant That
the tenth part of the profits of the Kingdom There is much both law and Constancy in those set forms 't is very hard to suggest or foist in any errour to those known inviolable pieces to 2 Stat. of West 2. c. 1 4 35 41 13. Edw. 1. Stat. of Merchants c. 1. Stat. of Quo warranto 30. Edw. 1 raise or alter a Writ requires and has had the legislative power of the Kingdom Of the like certainty use evidence and inviolable firm constancy and immutability was no doubt the way of transacting things here If we light upon truth anywhere we may hope for it in those lines which have been so often handled and reviewed and which have themselves handled and disposed of so much of every mans estate as in the whole amounts to that part which is the tenth of every thing Some of many would have found the fault if there had been any nor could the iniquity have remained unespyed in that most men had their eye upon and suffered by whereas none did Here Therefore it is very likely to have been good and Right which All as Such have looked upon and None been able to espy therein Errour or falsity Thus to the Cause have we subjoyned the Effect To the Law before interpreted now the use and fruit in disposition of mens estates Their wealth that dearly beloved of their souls with much patience being suffered to be transposed and change masters by its power And sentences were to this purpose as usuall as tryals According whereto followed no doubt execution who knows any thing knows this by daily everywhere experience and as before we might not suppose forms of practised law erroneous and deceitfull So here that they should being such have found so ready and universall obedience or that a wrongfull sentence should have intruded to take place especially sith to generall prejudice Draining mens purses of much of every thing and they the whole world so fast asleep that no suspicion was stirred up of the legerdemain Nor so much as any outcry heard of so spreading and universall wrongfull incroachment Surely no There was no such thing but a Just sentence upon due proceeding Both cause and effect Rule and Order Law and execution were according to Right and as in any other the Kings Courts these temporal-spiritual things were orderly and legally disposed of and setled Here by that law which ordereth disposeth setleth and even Giveth all things Upon all which would follow also one thing more That if all these things be Thus Not Colours but of substanceand reality If such law have so passed and ought to be obeyed and has And to part with be now by vertue thereof Not to Give but Pay Debitum Justitiae and of Right Ought to the service of God not Debitum Charitatis a bequest of love and good Will Hereby is way made not onely of bringing home these Dues safe and sure to their Right owners the Just Claimers but also of bringing home further all those forceable exhortations to the payment of them in Gospel-dayes to Gods service even under those Strong reasons which were heretofore used by the Prophets and wise good men under the Temple Law And with us may be said Give and Pay these due Debenturs to the Christian service as wel and upon the same grounds as they heretofore used by which they were then urged to be paid For they required them but as Due Due to God sc for his service Due by their Law Sacred in their Polity and which Immediately came from God Now although we do not so plead them as strictly here due by any divine Law among us given on the Mount or written with the finger of Gods hand yet they are by that Law and Sacred too and apportioning them to God that is his service too which as before giving them is ratified and confirmed as all Just powers and Laws are by him that dwelleth on the Mount who approves and sets to his seal to be Just and Good whatsoever Orders Ordinances Laws or devices his people as so many additionary explicatory or By-laws for the good peace and order of the place where they live not crossing the Common shall make for establishing and perpetuating his honour by means of their own created Justice and so a kinde of Divine and certain though Mediate and consequentiall way of confirmation they have from the powers above still At least ground enough to say in the sense of heretofore 1 Ecclus. 35. 10. Give the Lord his Due with a good eye and Consecrate thy tythes with gladness Give yea Pay unto the most High according as he hath inriched thee and as thou hast gotten give with a good eye that Law which is in a sense his Sacred law hath commanded it For 2 Levit. 27. 30. All the tythe of the Land of the seed of the land or the fruit of the tree is the LORDS Now Holy to the LORD And concerning the tythe of the Heard or of the flock whatsoever passeth under the Rod it is now holy to the Lord likewise Therefore 3 Deut. 14 22. thou shalt truly tythe all the increase of thy seed that the field bringeth forth year by year and 4 Mal. 3. 8. Bring All into the storehouse and try whether the Windows of heaven shall not be opened for recompence My Tythe into my Storehouse for 5 Num. 18. 20. Behold they are given If not I have given I have ratified their gifts who have given them to the Levites of the New-Testament for the services they serve in this tabernacle of the Christian Congregation Moses said Exod. 22. Decimas primitias non tardabis offerre Domino as in the Old Latin And King Alfred says Thine Tything-scot c. give thou to God in his translation and imposition of that law upon us which our just government and by consequent Our God approveth K. Ethelbert said K. Offa said K. Ethelwlph K. Edmund K. Edward said so both the elder and younger on this and that side the Norman turn beside other and it hath been digested received approved obeyed practised by in our 6 Leges Sacratissimae quae constringunt homjnum vitas intelligi ab omnibus debent Cod. de leg l. 9. Sacred Common-law if I may so speak that they Must and ought And so We as They require Them in the words of Scripture the same words as They and to the same generall end upon the same ground of a kinde of English Sacred-Law Pardon that Epithete and admit a Justification As such I look upon and May call all those which being Civill and Common as Sanctions even with us have a touch as it were and Derivation from God and so All Sanctity or Sacredness cannot simply be abstracted from them As the Wise and in his memory so much reverenced Chancellor Fortescue averred and justified to our young Edw. 4. King Henry the sixth his Son in his
in the 1 In Biblioth Bodl. Oxon. S. 1. 8. Iur. Ms. before mentioned and set before the statute De Anno Bissextili which being referred to 21 Hen. 3. I think may well be placed hereabouts the 2 Pulton pa. 109. print has it of uncertain time and 3 Instir 2. pa. 600. Sir Edw. Cook as about the beginning of Edw. 1. I believe it to be that with Articuli Cleri Circumspectè agatis c. referred to in the end of the statute of 2 Edw. 6. 13. though 1 Ib. Pa. 663. others point it to Probibitio formata super Articulis Cleri Well Howsoever Incipit Regia Probibitio Sub qua forma impetrant layci Prohibitionem in genere super decimis oblationibus obventionibus Mortuariis c. Respondit Dominus Rex ad istos articulos quod in decimis oblationibus obventionibus c. quando agitur ut praedictum est prohibitioni non est locus None to be granted in case of Tythes Oblations Obventions c. and then is my drift secure 'T is known what would be the issue of other proceedings Indeed it follows If by sale the things change nature becoming temporal or the quantity may justly occasion an Indicavit then c. But in the ordinary course none In 2 18 Edw. Puiton pa. 70. Edw. 1. time we have the noted Statute of Circumspectè agatis made it seems to restrain and keep within due banks some powers granted a little before to the secular Judges to curb in his Jurisdiction the Bishop of Norwich whose 3 Put but for an example The thing extendeth to all the Bishops of the Realm Co. Inst 2. pa 487 name yet might be but as A. B. an Individuum vagum appliable to all who had their due liberty in danger of being fettered and indeed to them 4 Rex enim misit certos Iusticiarios suos ad procedendum sub certa forma contra Episcopum Norwicensem alios de cleâ—o sibi adhaerentes quibus postea Rex scripsit ut hic habetur Gloss Norwicensem Lyndeâ— wood de forâ— compet 1. Circumspectè severally it was directed The King therein to his Judges sendeth thus greeting Deal circumspectly in all matters concerning the Bishop of Norwich and his Clergie not punishing them if they hold plea in Court-Christian of such things as be meerly spiritual that is to wit of penance c. Item If a Parson demand of his Parishioners oblations or tythes due and accustomed or if any Parson do sue against another Parson for tythes greater or smaller so that the fourth part of the value of the Benefice be not demanded This is so plain nothing can be more though the secular Judge might send his hook to fetch causes to his Court in some doubtfull cases yet for things meerly spirituall or for tythes by name This Law sayth He may not Which for better preservation 5 Ibid. Lindewood has also in the Churches behalf taken into his Provincials In the same Edw. 1. time was granted the Statute of Consultation It hath not I confess express mention of tythes by name but the Jurisdiction and that enough allowed for it being granted which cannot be denyed from other assurances both that tythes were due and This would bring them in in the grant hereof intire is enough the rest will follow It seems some there were would then obtain a Prohibition to stop the wheels should properly move to Justice in this case and when the business came to the Lay Judge go no farther So the Plaintiffe was delayed yea denyed right and almost wrong for he could have no sentence any way for remedy whereof it was ordered That 1 24 Edw. 1. Anno Dom 1296 id pa. 75. Whereas Ecclesiastical Judges had often surceased c. by vertue of Prohibition whereupon nothing done in either Court Our Lord the King willeth and commandeth that where so the Chancellour or Chief Justice upon sight of the Libel upon instance of the Plaintiffe if they can see that the case cannot be redressed by any Writ out of the Chancery but that the Spiritual Court ought to determine the matters shall write to the Ecclesiastical Judges before whom the cause was first moved that they proceed therein notwithstanding the Kings Prohibition Plain that in some cases 2 And this is the very reason why the 12 Chap. of 32 Hen. 8. was made law because Lay men that had use of all other Coâ—rts yet could not come at their dâ—â— tythes now settled upon them by any of those Coâ—rts which made it necessary they should be inabled to sue in the Court Christian where onely these dâ—es were tryed and that was thâ— thing thâ—â—e done and the new indulâ—encâ— there granted Them as appeareth by the Preface the other Courts could afford no Justice and therefore of necessity must be a remission hither so appropriate was the remedy and indeed cognizance and rule of Justice to this Court that all the rest could not so much as hear and that righteousness might not fail from the Earth hither loyall subjects must onely come for it To some time of the same Kings Reign is yet farther ascribed 3 Palton pa. 91. this grant that Where 4 Ib cap. 1. No Tallage or aid shal be levied withon consent of Parliament Nor 5 Ib. ca. 2. any thing purvayed to the Kings use without the owners consent There We will and grant for us and our heirs that all Clerks and Lay-men of our Realm shall have their Laws Liberties and free Custo nes as largely and wholly as they have used to have the same at any time when they had them best And if any Statutes have been made by us or our Ancestors or any Custo nes brought in contrary to them or any manner Article contained in this present Charter We will and grant that such manner of Statutes and Customs shal be void and frustrate forevermore With 6 Ib. cault order to have it read every year twice in every Cathedrall and a curse upon the breakers I infer If 1. All Laws Liberties and Customes were here granted 2. To Clerks as well as Lay-men 3. Of the largest size or use 4. In despite of any Law to the contrary Then 1. here be tythes which were then due by Law 2. the Jurisdiction of them a Liberty which would bring them in 3. And so they were both due and must be paid taking in consideration of the Then state of things by vertue of the Law and by vertue of this Law for that herein were granted all Laws and Liberties Remove to Edw. 2. and there we finde those are styled 1 9 Edw. 2. id pa 98. Articuli Cleri and so not like to afford nothing but Englished Articles 2 In the old edition of 1543. for the Clergy and so like to afford something for them The first thus proposes and resolves Whereas Lay-men doe purchase Prohibitions generally
nor were Tythes but brought into the Store-house All in the Prophets phrase to have better use made of them than I doubt commonly was For 't is the charitable intention of man the wise provision of the Law by the blessed providence of God that sets things often in a good way to honest or holy ends but the corruption of man hinders seldom does one half come to good or are the things not to abuse enough perverted how well or piously soever levelled and intended CHAP. XXIII THus for sixe successive Princes Raigns Under Hen. 5. Hen. 6. Edw. 4. Edw. 5. Rich. 3. and the wise puissant Hen. 7. nothing being heard of murmure and discontent but all in peace and silence The Canons as in Lindewood c. governed the Consistory Westminster sent to controul as often as any noise was made of extravagancy by Prohibition Some prudent Statutes as Circumspectè Agatis Articuli Cleri c. had bound their hands too that they might not send as oft as they would but when abuse called for remedy And so things went on in Harmony for justice peace and order through this intervall Laws already made were obeyed and more were not made because those that were were both for their end sufficient and set in a way to have sure execution But now in that general Earthquake when this Earth was moved and all the Inhabitants thereof though some Men stood and some Parts were not overthrown When the turbulent passions of that mighty and boisterous Prince left nothing untouched or unshaken and that some might seem at least to stand the faster other parts were thought fit to be quite pulled down yea buried and intombed under the ruines of their own glory as 't were by the fatality of Jerichoes curse Iosh 6 26. Never more to be reedified Maledictus vir ille coram Jehova qui surget ut aedificet c. yet even Then was no prejudice offered nor diminution made of this part of Ecclesiastical Revenue or Jurisdiction to bring it in a great argument of its strength that had over-lived a storm and some necessity that it was preserved when that next was chosen to be cast away But before this great work was done by himself and his son divers new sinews of strength added to confirm all that had passed before as well by clearing the right had been by 1 27 Hen. 8. 20 32 Hen. 12. 2 Edw 6. 13. some new Statutes to evidence the justice of the claim as by creating a new power to fetch them in and inabling secular persons at least to sue for them in their own Court the new Statute way Not abrogating the Ecclesiastical but giving choice of this Pointing to a new remedy besides the old as 2 So is interpreted and used and of force that of 2 Edw 6. 13. commonly understood though some doubt 3 That the claâ—se of treble damages in 2 Edw. 6 13. is to be sâ—ed in the Ecclesiasticall Court onely See Dr. Ridleys view of the Laws par 3. chap. 2. sect 5. That Customes in payment of tythes are tâ—â—able onely in the Ecclesiastical Courts was averred to be proved before by him Sect. 3 and see hereof the Proviso transcribed below rationally But for certain not destroying That utterly For the 4 And that for subtraction of any of the said tythes offerings or other duties the Parson Vicar Curate or other party in that behalf grieved may by due processe of the Kings Ecclesiastical Laws of the Church of England convent the person or persons so offending before his Ordinary or other competent Iudge of this Realm having authority to hear and determine the right of Tythes and also to compel the same person or persons offending to doe and yeeld their said duties in this behalf 27 Hen 8 12. And in case any person or persons of his or their ungodly perverse will and mind shall detain or with old any of the said tythes or offerings or part or parâ—el thereof then the person or party bring Ecclesiastical or Lay person having cause to demand or have the said tythes or offerings being thereby wronged or griâ—ved shall and may convent the person or persons so offending before the Ordinary his Commissary or other competent Minister or lawfull Iudge of the place where such wrong shall be done according to the Ecclesiastical Laws And in every such case of matter or suit the same Ordinary Commissary or other competent Minister or lawfull Iudge shall and may by vertue of this Act proceed to the examination bearing and determination of every such cause or matter ordinarily or summarily according to the course and processe of the said Ecclesiasticall Laws and thereupon may give sentence accordingly 32 Hen. 8. 7. often mention of it upon other occasions as well as this with a clause of Proviso 5 And be it enacted by the Authority aforesaid that if any person do subtract or withdraw any manner of tythes obventions profits c. that then the party so subtracting and withdrawing the same may or shall be convented in the Kings Ecclesiasticall Court by the party from whom c. to the intent the Kings Judge Ecclesiasticall shall and may then and there bear determine the same according to the Kings Ecclesiastical Laws And that it shall not be lawfull unto the Parson Vicar c. to convent or sue such withholder of tythes obventions or other duties aforesaid before any other Iudge then Ecclesiastical 2 Edw. 123. inserted to fence all from violation shews plainly that K. Henry meant what he did and none should or could cross his purpose sc though the Pope went off to keep the Church-power up and though the Abbies went down yet Tythes for the support of Religion Must Not be medled with Such power I mean as might begin and end its motion wholly within it self like the wheels of a watch that keep themselves going by help of a Spring at home needing no power from abroad not of a clock whose moving weights are without and so liable to the inconvenience of forain disturbance or as the highest sphere of all Primus Motor that keeps it self a going by it self meerly not like the inferiour that wait on superiour influences Such power and the Jurisdiction of Tythes therewith and thereby and the right of Tythes by consequent yea in Statute words expressed not needing any derivation He kept up in vigour life strength and quickness as it was of use And as well the Records preserved as other means of information obvious enough do assure that to his time through his time in it and on this side the Law continued which settles all to settle these and leave them settled an indefeasible inheritance to us their unworthy posterity And as they were left so I hope for Gods glory and the maintenance of his service and servants the labourers that bring in His Harvest they shall not but always continue to all succeeding generations For Who hath
property and Umpires of strife authorized sufficiently so to do and to give me any thing that they do give me and what is so done or given is lawfully and if any thing be so setled upon me it is questionless 1 And of such a Law of Maâ— that is consonant to the Law of God it appeareth who hath Right to lands and goods and who not for whatsoever a man hath by such â—aws of man he hath righteously And whatsoever is had against such laws is unrighteously had Dr. Stud. Dial. cod cap. 4. fol. 8. mine And as by these so generally by writing or custome by statute or canon whatsoever in the true judgment of Courts and common reception of those that are not mistaken is Law That is the same pillar of property assertour of Rights foundation of dominion strength of title and giver maintainer preserver defender assurer and protector of a man in that he so has as an oracle it tels him truly what is his as more then a Prince he gives it him and makes it wrong injury fraud theft usurpation injustice and these things only possible this way if it be taken away from him And for this purpose all these are equally and alike sufficiently operative In every Law positive well made is something of the Law of Reason and of the Law of God Id. fol. 7. There is no choice for where all are the same and have the like cause of power one must needs be as good as another All our law is in some sort derivatively mediately at second hand the voice of God approving all just pactions and humane positive lawes and so his stamp is upon every part and he that resisteth in any resisteth the Ordinance of God Neither have we any other These are the alone limitations banks and boundaries that hedge in and hedge out giving certain admeasurement as the law-word is in some case of properties to so very many as there be among us making us know our home and giving our home which none but they can do in this various world For the Divine Law immediatly is of no force the severing by Tribes or cutting by Joshuah's thread served but once unless for example and so I beleeve much use hath been made of it here more then we are aware of or do readily understand our 2 Aluredus Rex who as all grant made our politicall division ubi cum Guthruno Dacofoedus inierat prudentissimum illud olim à letrone Moysi datsi secutus consilium Angliam primus in Satrapias Centurias Decurias partitus est Satrapiam scyre à â—scyran quod partiri significat Lominavit Centuriam hunðreð Decuriam teoþung sive tienmantale id est Decemvirale Colleg uÌ„ appellavit atque eisdem nominibus vel hodie vocitantur Hence our Tythingmen c. And a little after Decrevit tum poâ—ro Aluredus liberae ut condition is quasque in Centuriam ascriberetur aliquam utque in Decemvirale aliquod conjiceretur Collegium De minoribus negotiis Decuriones ut judicarent ac si qua res esset dissicilior ad Ceuturiam deferrent like the steps of Appeal Exod 18. 210. Deut. 1. 6 17. Disficillimas denique maximi momenti lites Senator praepositus in frequenti illo ex omni Satrapia conventu componerent Gloss ad Lambard Archaion pag. 217. in vocab Centuria Approved by Dr. Cowell in his Interpreter in vocab Hundred And compare farther Ioseph Antiq. l. 3. c. 3. and 2 Chron. 25. 5. Some glimpse hereof appeared to the publishar of Sir H. Spelmans late larger work of Tythes pag. 41. Shires Hundreds Tithings c. Coming I verily beleeve at first from the patern of Judah Levi Simeon and Benjamin by exemplification If any man should attempt it he might be partial if none the thing not done so that supposing a partition needful and some to doe it and no revelation from heaven save in paterne or general rules we can lay hold of no other umpire or Judge like to be fit to do it then that voice of wisedome implying all mens consents which is in the Law the gracious goodness of God assisting the grave wisdom of man yea inabling and authorising it to set bounds hereby to our appetites master our unreasonable proud headstrong desires giving lust a law covetousness a law the hand a law nay the eye a law that it may not so much hereafter as greedily covet what is anothers This is that which bindes the Bear and shackles the wolf lays fetters upon our wilde and forrest desires that else would make us very apt to hearken to temptation to be preying one upon another But this restraines our fury and locks up the Lion in the grate bidding yea forcing all to goe home and be content with their own Sorte tua contentus abi and cast not a fruitless sinful greedy glance upon the inclosure of thy neighbour To give instance in some particulars From this law thus received amongst us it is that I am to succeed in my fathers fee I have right to succeed I may claim my right and I have wrong if I be kept out of my due lawful inheritance For our Law hath divided much land into such tenures upon reasons of profound wisdom not discernable to every comon apprehension that hath willed I should succeed my father if his heir I am his heir nay though a daughter and therefore I must and ought to succeed It is not so in 1 As in the Ottoman Empire where the Timars are much the same with our military Benefices obliging estates for life upon death the State disposes as of our Ecclesiasticall Benefices that falling not by inheritance there may be still choice of fitting men vide Knoll Turk Hist in his Appendix of the Turkish kingdom fol Aaaaaa and that learned and judicious observer Sir Henry Blount has also the same who was lately among them p. 65 66 and before them Mr Selden in his Titles of Honor par 2. c. 12. So 't is also in the Gâ—eat Mogols State lately erected and supported by them vide Pvrch. Pilgrim l 5. Append. ad c. 6. p. 543 544 545. Edit 1614. And Scanderbeg used the same policy also in Epirus Now all this might have been well enough here for the same thing hath continued and is yet well enough in the Ecclesiasticall State nor wrong thought by the ruling Constitution if when the man dye the widow and children are presently strangers Nay even in some nearer parts of Christendom as to secular succession too for the Glosse on the Feudall Law speaking of the old way for life onely Et hoc adhuc obtinet secundum rigorem consuetudinis in feudo Marchis Ducatus Comitatus vel alterius regalu dignitatis ab Imperatore datae quoniam illud foudum finitur câ—m persona acctpientu quia hares in eo non succedit nisi ab Imperatore investiatur Gloss ad vitam ad seud l 1. tit
that waited on the Altar heretofore did partake of the Altar there So he that ministreth the Gospel now should live 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not of the Gospel but of the Reward of his good message or Glad tidings as 4 By M. Mede in Diatrib on the place pa. 329. hath been somewhat Critically but very Judiciously and Soundly observed on that Text. Thus then this Politick and herein wise and just Prince resolved and accordingly gave his minde in sundry Acts passing his seal The first whereof clear enough in it self and consequentially much to our purpose was in cutting off Appeals from hence to Rome and so making this Island-Church as having no dependance of abroad a perfect Independent Congregation For so it was then judged most expedient that the affairs of Judea should not be sent necessarily to Egypt or Babylon Jerusalem might conclude all controversies that arose in the Land where Jerusalem was and our Kings Crown being of Circular and thereby most capacious form was large enough to involve and comprehend under it a resolution of all those difficulties might arise under it And that Therefore all doubts should be referred to him Therefore all forain Appeals should cease Whereupon ordered and set forth as followeth 24 Hen. 8. cha 12 1. That this of England was an intire Monarchy 2. Had suffered prejudice by appeals to abroad so long as in Causes Testamentary of Tythes Oblations c. 3. It should be so no more but even those causes of Tythes again expressed be here put to a period And therefore 4. Enacted That All causes testamentary causes of matrimony and divorce Rights of Tythes Oblations and Obventions the knowledge whereof by the goodnesse of Princes of this Realm and by the Laws and Customes of the same appertaineth to the Spiritual Iurisdiction of this Realm mark that Parenthesis and the weight thereof and this engraven in the inside of a Law inferted into the heart of an Act of Parliament to give the testimony certainty of credit and the thing as much assurance to us as any thing we have without the Bible that all such causes I say already commenced or happening hereafter c. shall be examined discussed and definitively determined as the nature of any of the things aforesaid shall require here at home With power command and threat to all to do their duty Appeals to whom they shall be made and from whom and where the finall decision shall rest and All in All the Branches before specified Which does as much as any one Parliament Law can establish and assure the then power of the Church and thereby her following Acts even about Tythes expressed and by name and by consequent the Right and Property that should be at any time the result and fruit of all Which must amount to we know what In the next year we have more of the same nature in that concluding Proviso of 25 Hen. 8. 19. before mentioned about keeping life in the body of the Provincials for a while and till the new could be made when the Pope the seeming Head of them was taken off All know what dependance had been and both to composition and execution what influences were formerly derived from that forain power upon those Laws When the Head is cut off the lower Nerves use and by consequent limbs to lose all power and motion for want of intercourfe with the brain wherein they were rooted which might be feared or doubted here reasonably and this made it necessary to infuse a new life of power that should serve as then intended for a while to quicken the old body till a new should be framed by chosen workmen to fit the King better as to making and execution depending solely on his authority Accordingly done The mentioned Proviso ratifies all Canons Constitutions Ordinances and Synodals till the thirty two should have proceeded effectually If they have so done we have gained enough even to this particular and 1 Pag. 145. shewed how before If not this Howsoever we have gotten that the strength that is in the Provincials all of them Those for Tythes before and all other save what since revoked as about Tythes nothing has stands firm and fast by Parliament Constitution and the evident sense of the words is to the purpose of these things unavoidable But if both these be yet remote or not so fully home wrapping things onely in implying generals or consequences that take in Tythes but implicitly wherein by derivation which is always to us fallible may be mistake Come we next to that which principally and fully and in its finall and clear utmost scope intends and expresses Dueness yea Makes it and where the words of the Law give the utmost any order can a purposed Right and way for Recovery Where is that When the Cloisters went down and the whole Ecclesiastical state was thereby troubled not a little in 27 Hen. 8. Then was it needful and Then was it done and Then the right of these dues established intended to be perpetuall How appears this By the Statute made the same year in chap. 20. which thereon to make some judgement by the way as it is among the next that are nearest on this side toward us So is it the utmost and farthest on the other most mens weakness of sight is able to discern or reach to the apprehension of and yet they think they ken all and reach as they do as far as they can the bottome whereon all is settled But blame them not their sight is dim and being hindred by business idleness averseness to the thing or manifold other sorts of incumbrances or distractions that they cannot or do not purifie or strengthen it by art study industry and other painfull and laboursome means usual of searching and gaining the truth they work not beyond the sphere of their power and ability making able and fitting judgement of those things they have not the plain and simple knowledge or apprehension of that thereby they may be so able and prepared to judge They are reputed Learned if they can little more then turn an Almanack understand some plain English Authour or but have seen a Statute and then as the Aborigines of Italy which born and bred there travailed never far from their simple homes but wonder at all abroad which strangers tell them Or as some simple Rusticks who used to behold only the hils that incompass the valleys where they live think them to be near the end of the world if any thing be shewed them done beyond the mountains they dare scarce believe a part and will rest much perswaded that whatever travellers tell them is though they say what we have heard and seen declare we unto you little better then well-composed fables For they walk by sense and not by faith or that little faith they have is confined to the things of their own narrow hemispheres Even so These the utmost of whose knowledge or highest of whose
Judge shal crave the assistance of the Justices to attach the party and commit him to ward till he shall recognise to yield quiet obedience c. Provided that this extend not to London who were to have a way by themselves nor to hinder any remedy by due prohibition c. Nor any thing to continue longer then till the new Canon should be made which is not yet done and whereof before enough Mark the whole Tenour Is here any thing of giving Tythes Of wronging any man of a Farthing by a new and forced Imposition Of removing from one to settle on another To enrich Peter by taking from Paul Not a syllable But all upon supposition that somewhat was due before Let that be paid or if not the allowed ancient course is awakened and quickened for recovery So 't is onely a Declaratory Law as Sir Edward Cook speaks often upon like occasion renewing what was and rowsing up the dulness of perverse and covetous men to pay who were found backward but this was a goad to force them on forward in the way they had went and wherein they ought to go It were a disparagement to have here a Right settled to the Thing and to it in our opinion yea to our opinion it selfe to think so But it seemeth things went not on by help of this new Law fully according to desire The Times were we know troubled and many other Rights being both unsettled and removed no marvell if these Neighbours to them were also shaken Divers no doubt wished them more then so quite down the mouthes or rather Gulphs or rather then both hellish depths of sacrilegious and covetous carnal men having never been but wide open to devour what ever was sacred and here stood gaping to swallow this morsell none of their Own but due to man in Justice as well as to God for Religion and by Dedication For going on to subtract the just payment the complaint is evident inshrined in the sacred Monuments of the Law it selfe and entered the Parliament Roll for memory with what the wisedom of that Councel the Representative of the Nation could afford for remedy of so large a spreading inconvenience It was intended chiefly for the new Impropriator inabling him being Lay to make his Complaint in the spiritual Court but reaching in all other also with intent to let him in with them by no means purposing to shut or let both out and though with due restraint at first to that examen onely yet Evasions were after found that both have used to go out where no more was intended but to let one in The Law speaks as followeth How Tythes ought to be paid and how to be recovered being not paid Where divers and sundry persons inhabiting in sundry Counties and places of this Realm 32 Hen 8. cap. 7. and other the Kings Dominions not regarding their Duties to Almighty God and to the King our Sovereign Lord but in few years past more contemptuously and commonly presuming to offend and infringe the good and wholesom Laws of this Realm and gracious commandments of our said Sovereign Lord then in times past hath been séen or known Mark Laws duties and lawfull Tythes have not letted to subtract and withdraw the lawfull and accustomed tythes of Corn Hay Pasturages and other sort of tythes and Oblations commonly due to the Owners Proprietaries and Possessours of the Parsonages Vicarages and other Ecclesiastical places of and within the said Realms and Dominions being the more incouraged thereto for that divers of the Kings Subjects being Lay persons having Parsonages Vicarages and tythes to them and their heirs or to them and to their heirs of their bodies lawfully begotten or for form of life or years cannot by order and course of the Ecclesiastical Laws of this Realm sue in any Ecclesiastical Court for the wrongfull with-holding and detaining of the said tythes or other Duties nor cannot by the Order of the Common Laws of this Realm have any due remedy against any person or persons their heirs or assignes that wrongfully detaineth or with-holdeth the same by occasion whereof much controversie suit variance and discord is like to insurge and insue among the Kings Subjects to the great detriment damage and decay of many of them if convenient and spéedy remedie be not therefore had and provided Wherefore it is ordained and inacted by our said Sovereign Lord the King with the assent of the Lords Spiritual and Temporal the Commons in this present Parliament assembled by Authority of the same that all and singular persons of this his said Realm or other his Dominions of what estate degrèe or condition soever he or they shall fully truly and effectually divide set out yield and pay all and singular tythes and Offerings aforesaid according to the lawfull Customes and Vsages of the Parishes and places where such tythes or Duties shall grow arise come or be due And in case it shall happen any person or persons of his or their ungodly and perverse will and minde to detain or with hold any of the said tythes or Offerings or part or parcell thereof then the person or party being Ecclesiastical or Lay person having cause to demand or have the said tythes or Offerings being thereby wronged or grieved shall and may convent the person or persons so offending before the Ordinary his Commissary or other competent Minister or lawfull Iudge of the place where such wrong shall be done according to the Ecclesistical Laws And so on to the Appellants paying Costs before he remove the Sute Order to call in the Magistrates help in case of contumacy saving Lands discharged of Tythes and the City of London c. This is that clearly is and if there we no more one would think enough to settle as far as an Act of State or publick Decree can both a right and a course of Justice that men should both be apportioned these Dues and know how to come by them of which yet I remember my word before and far deeper is laid and upon more firme and lower faster ground then any single tottering Act the Foundation of this Right which settles not but upon or with the whole body of immovable Fundamentals of the Kingdom is clasped in with the Roots of Government hath grown up with it through all her known progresses to the present State of perfection is flesh of her flesh bone of her bone nor can is much to be feared without mortal violence admit a partition and segregation such as if mens private parcimony and pinching wretched Covetousness joyned with improvidence and injustice should go on to call for so great a mischief upon themselves would indanger to shake the frame of the whole Compages and by the same unadvised Principle of its unjust and violent removal leave little constancy or assurance of any thing Which great Possessours had need chiefly to look to and prevent if they can upon any pretence as of easing poor men
what a prosperous and lucky hand he had in helping to procure as well the Charter as this Petition much of reason would stand on his side that he should gather some of those grapes himself had helped to plant the sciences of he should partake of the harvest he had sown and reap some fruit of his own successful impetration at least to have his own Right secured in that he helped to obtain to All The Petition of Right The title whereof gives Petition exhâ—bited to his Majesty by the Lords Spiritual and Temporal and Commons in Parliament assembled concerning divers Rights and Liberties of the Subjects c. and The Contents Humbly shew unto our Soveraign Lord c. the persons before That whereas it was declared 34 Edw. 1. that no Tallage c. yet of late divers Commissions have issued c. And whereas by the great Charter c. no Frée-man may be taken or imprisoned or 3 It might have been by the same reason Whereas the Church had some spâ—ciall rights and those contained in the Charter Also priviledges and imâ—unities granted there c. as before Pray they therfore every man or sort of men may have their Own â—nd as much was after allowed under the generall word of Rights and according to the Laws and Customs of the Realm be disseised of his Frée-hold and Liberties c. but by the Law of the Land yet c. And some other things touching life c. Now they pray that the like may not be done hereafter c. All as their Rights and Liberties according to the Laws and Statutes of the Realm and that all Officers and Ministers serve in their places accordingly Whereunto the Kings answer being That Right be done according to the Laws and Customes of the Realm and that the Statutes be put in due execution that his Subjects may not have cause to complain of any Wrong or Oppressions contrarie to their just Rights and Liberties This not satisfying upon reply this second personal answer was added Soit droit fait come est desire Let Right be done as is desired And this after expounded to be mistaken if it were drawn to any other then the Ancient Rights and Liberties which he willed and no more Where still we find Rights sounding all along and concession of Them and in answer to such a Petition the particulars are within the possible and easie view of every English mans eye and they fitly All march under the Head of the Petition of Right Now then I infer and argue What is that was here granted Was it not Right Right to All and one mans Right as well as anothers Did not the whole Commonalty petition Were not All heard Was not All granted and to All And if those that wait upon the Temple of the Lord in England in his holy Service had thereby then and yet have they and their successours an Own and Right was not this then meant to be granted and was granted and settled upon them Therefore thereby nor can be revoked but by the revocation of this or a part of this Concession of Right Each mans wrong is of the same nature guilt injury crime and grievance Nor can they ever be interpreted but partiall and unjust sharers of such a claim to themselves as Any others having equall part with them therein they can be contented earnestly to strive for their own and will not be denyed but for those others think they may be excluded or help to exclude them at pleasure and no matter whether they partake of any share in the common allowed stock of Right As if it were Theft to steal but not from some Injury to defraud but the Red or Gray Coat not the Black The Law must hold in some cases what need it in other to retain him in possession of his Right that hath nine parts but not him that hath right to the Tenth One mans Own may not be taken away nor injuriously invaded but his Neighbours may that holds by the same Charter and himself outed or spoiled or wronged at pleasure and That shield is large strong enough to protect against al assaults the former for the later is infirm narrow though it were seen to be made of the same breadth strength and firmness What equity is this Should not every ones case that is the same be alike and every Childes part equall in the same stock of the Common-wealâ—h Murmurers were in the Apostles time and discontented fault-finders no doubt in ours But let no private worldling be heard as speaking reason that Right is wrong or the expectation of this Right is now to him and others grown burdensome There is none fit to judge who is able to say Any part of the Law is Burdensome Exactions are burdensome injuries are burdensome oppressions spoliations depraedations undoings of those that are innocent and quiet in the Land All iniquity is generally burdensome But the Law is a gentle yoak justice lovely Right a favour the dictates of these never were nor ever can be truly Burdensome 1 Tim. 1. 9 10. Unless as Gods Word says to the disobedient and lawlesse 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to the irreligious and sinners that have no true fear or worship of God for this would teach to obey every Ordinance of Man for the Lords sake 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to unsanctified and profane men that have never known true purication whatever they pretend patricîdis matricîdis homicîdis fit company 't is pity they should be parted To Whoremâ—ngers also to Plagiaries deceitful lyars forsworn lyars and such other To all these the Law is Burdensome Blame them not they are weary to beare it 'T is a beam to their backs and lays on fast and close wrapping them under everlasting as well as heavy inconveniencies But that the Law is burdensome to any Just man can hardly be believed by any wise man 'T is Gods great blessing to a Nation it makes rich happy safe and quiet where it comes An humane Oracle for deciding humane doubts in matter of own and equity amongst men the voiâ— of Justice the measure of Right that gives to every one 〈◊〉 every one something most men enough all whatever they enjoy Allotting upon grave consideration what they should have why they should have how much they should have why no more and generally upon good reason why things throughout Be as they Be if our wisdom drew deep enough to fathome the reason of her profoundly prudent consultations resolutions and dispensations and shall we yet say That Law is burdensome My neighbours will is burdensome his covetous desire is burdensome his unjust wicked worldly ambition may be to sit Umpire on my estate to inquire what I have to determine I have too much but I shall have less the superfluity of my abounding right which is but one part of ten to keep me alive to serve God in his Church already whereas he has the other nine to
alledged by Spelm. de non â—emerandis Eccles Sect. 16. Jure divino To omit his own References to his Reports Be Sir Thomas Smith next a Doctour of both Laws and a principal Statesman His Description of Englands Republick passes with good credit in the last Chapter whereof he describes the Court Christian acknowledges its jurisdiction sends matter of Tythes thither as a part of the Work and if once he had them there he knew being not onely 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 what even to Mint and Cummin would become of them The Authour of the Dialogue between the Doctour and Student is 2 By Dr Cowell in his Interpret in the word Doctoâ—r said to have been Mr. St German It was wrote in Henry 8. days not toward the end and for the solidity and depth of it may passe for one of the very excellent and singularly jndicious pieces of that most excellent Learning Now He admits Tythes as consequentially due upon that account of 3 Dial. 1. cha 2. so 11. And in the new additions to that Book printed 1531. He tells us In the Kings Bench Common pâ—ace they will suffer no issue to be joyned specially betwixt person and person whereby he Right of the Tythes may be tried howbeit that in the Exchequer sometimes they have done otherwise Addit 5 fol. 14. Ecclesiastical Jurisdiction and this reducibe to the second ground of Law received here which is the Law of God and though the Student cannot afterwards well away with the Doctours Jure divino yet by Ours Positive and here he makes no question For by the Law of Reason one of the Grounds he had made of the Law of England before he would have somewhat for the Labourer is worthy of his hire and then by the Law of the Church This I question not how reasonably but thus 't was settled and the Constitution prevailed And he gives reason for all For 4 Dial. 2. chap. 55. fol. 165. there is no cause he sayes why the People of the new Law ought to pay lesse to the Ministers of the new Law then the People of the old Testament gave to the Ministers of the old Testament for the People of the new Law be bound to greater things then the People of the old Law were as it appeareth Matth. 5 20. And the sacrifice of the old Law is not so honourable as the sacrifice of the new Law is for the sacrifice of the old Law was onely the figure and the sacrifice of the new Law is the thing that was figured That was the shadow this is the truth And therefore the Church upon that reasonable consideration ordained that the tenth part should be paid for the sustenance of the Ministers in the new Law as it was for the sustenance of the Ministers in the old Law So howsoever it is a Due and he is there discussing the equity of the Statute of Sylva caedua which although he defend yet no more and in that enough as before was said speaking of it For if there were Assertion that a Prohibition should take place in that particular Case there was implication in others it should not a by-confirmation here and there and in neither can be doubt of what I desire Ascend at next step up as high as Fleta and Bracton for we are now among particular fallible men the Credit of whose Vote is not to be compared with the Publick and therefore we hasten accordingly yet so as we know what sway these bear in Judicature and that they over-rule the very Rulers and Judges Ego verò illos veneror tantis nominibus semper assurgo as I believe after Sir Edward Cook most of the chief Justices have been ready to say and I do unfeinedly Let Fleta be first and He 1 Lib. 2. ca. 60. Sect 27 c. p. 1 31. speaking of Contracts and Obligations by them and an Action of Debt justly grounded upon both gives the Tryall of Tythes in that Court will surely give Them Ex hujusmodi autem obligationibus promissionibus stipulationibus oritur in curia Regis quaedam actio quae dicitur Placitum ex debito eo quod spectat ad Coronam Regis saith he But except Nisi sint debita à testamento vel matrimonio suborta quae quidem in foro Ecclesiastico habent terminari sicuti omnia quae merè sunt spiritualia as Penance for sin though pecuniary So for Church Reparations c. 29. Item si Persona that is that living Man who as one seen and known stands forth and acts for the Church which is alwayes in it self a dead Corporation a Suppositum or Non ens without any real subsistence and must therefore have a seen known living Executour whose name may be used and being cloathed with Circumstances under being and existence In that name and under that Personality may do sundry things which otherwise conveniently could not As give or take gain or lose do or suffer the Churches Man we may stile him Rector is another thing 2 Laicus igitur praesentat ad Ecclesiam vacantem ut praesentatas Ecclesiam Regat Episcopus eam dat sc praesentatum admiâ—tit ad Regimen instâ—tuit Bracton l. 2. c. 23. f. 53. implying duty and grounded upon supposition of Power Now if that Person or Churches Man petat à Parochianis suis debitas decimas consuetas in the very words of the Statute of Circumspectè agatis vel si Rector agat contra Rectorem de decimis majoribuâ— vel minoribus dummodo non petatur quarta pars valoris alicujus Ecclesiae vel decimarum for then if also the Churches be of severall Patronage not otherwise the Indicavit takes place and the Right of Tythes must be tried in that of the Advouson between the Patrons whose Lay interesse is in question And of these all Sect. 32. Haec autem praecipuè in foro Ecclesiastico habent terminari non obstante Regia prohibitione It seems the nature of them was such that if they were drawn aside they could not rest there but must return to their proper chanell and with other things of the same nature have properly and together their discussion and determination in the Court of Religion And remember this all along That as the Philosopher sayes that which gives the Cause sufficient gives the Effect That which gives the means to compasse such an end may be interpreted to allow and give virtually that end will be so wrought in and brought about by those means Even so mediately that which gives the Jurisdiction gives the work and effect thereof That which gives the Triall gives that which will come of the Triall be it what it will virtually and in the sufficient and necessarily producing Cause Which is also of use in that which follows from the same Fleta in his Citation of the Statute of Westm 2. cap. 5. Where approving the Clause before of the
and inheritances and he alledges for it divers of those principles which before as not borrowing of him we alledged to this purpose whence also we hope We have not been mistaken because we finde his vote consenting and strengthning ours As K. Edwards Law K. Aethelstanes Law K. Edmonds Law K. Edgar Knout and the Confessour beside the Conquerours Heu tot sancitas per plurima saecula leges Hauserit una dies hora una perfidus error as he exclaims Shall one mans days change all so many and the fruit of best humane wisdome so ripened by time and grown as an Oak by leisurely degrees to greatest Maturity of strength be pulled down by sudden revocation If the things were lawfully conferred as none can doubt but they were so lawfully Then let us consider says he how fearfull a thing it is to pull them from God! to rend them from the Church to violate the dedications of our Fathers the Oaths of our Ancestours the Decrees of so many Parliaments and finally to throw our selves into those horrible curses that the whole Kingdome hath contracted with God as Nehemiah and the Jews did Nehem. 10. should fall upon them if they transgress herein Say then that Tythes were not Originally due unto God c. yeâ— are we in the case of Nehemiah and the Jews Nehem. 10. 32. They made Statutes by themselves to give every year the third part of a shekel for the service of the house of God And so our Fathers made Laws among themselves to give a portion of their Land and the tenth part of their substance that is the Parsonages for the service of the house of God Deut 23. 20. If they were not due before they are now due For When thou vowest a vow unto the Lord thy God thou shalt not be slack to pay it for Jehovah thy God will surely require it of thee and â—o it should be sin unto thee Therefore see Act. 5. 4. If the King give a gift of his inheritance to his son Ezek. 46. 17. his son shall have it If he give it to his servant his servant shall have it their times If the King then give a gift to his Father that is God Almighty shall not he have it or the servant to his Master and Maker shall not he enjoy it Who hath power to take that from God which was given unto him if not by vertue of any command from yet according to his word c. Thus far that learned and pious Knight Which yet I have not transcribed so fully as I meant because the words of the Laws alledged by him in the sense we doe and for proof of the same conclusion were represented in words at length before upon occasion And yet thus much too was needful to shew consent that we vent not nor invent of our own but of the same words make construction to the same purpose and have the same apprehension of things upon the same grounds he both had and gave Premises and Conclusion the same from the same for singularity either of opinion or proof brings always with it some suspition We see he saith here proveth that beside Canonical Natural Moral and as it seems unto him Divine Law our Civil Laws have added whatever of strength they can give to create a Topical and English Political home-right of Dominion Power Jure Soli as they use to speak as well as Jure Poli to settle these Dues where they are The former may have been our Ancestory Principles and Rules which guided them at first in settling as they did and with these many things else But now we little need to go so far unless ex abundanti for Surplusage of strength for however it may have been disputable at first of the Natural or Moral right as of sundry other things Manours Honours Inheritances c. which concerneth also the Indians yet or other Infidel Nations in state that ours once was of To be converted where nothing publick hath been done or passed for them Yet as when Ananias and Sapphira had given the state of things was altered and their Duty or Danger So here the Pactional and Civil having made chains of continual and successive binding Ordinances to hold retain and keep these things fast and thus Now the principles may stand by the inference being justly made stablished and of force and without further inquiry the Stated Made Right must be here enough or None have with us any thing This worthy and Worshipful Knight whose degree gave him not so much title to those honouring Epithetes as his Worth and true Worthiness as we would call it Worthy-ship and who honoured his Titles as much as They Him was a man singularly Learned profoundly Judicious of most tender conscience and lively quick zeal and love of his God and Christ and that his flock which we call the Church no way interessed save to his own prejudice and by his lay condition rendred incapable to reap any fruit of this Harvest hee here so earnestly strives to defend from spoile nor like to eat a bit of that bread he here so zealously defends in behalf of the true owners Memoria justi in benedictionibus yet it pleased God to stir up his heart and he that touched the Prophet Esays lips Es 6. 7. with a coal from the Altar no doubt touched his heart and quickned and directed his minde to indite and his pen to write and set down many profound and unanswerable arguments for truth against sacriledge kept secret from those that stand always in the house of the Lord in the Courts of the house of our God as the Psalmist speaks Psal 135. 2. the professed and dedicated servants and Votaries of the Temple and because uninteressed to make him the fitter and more likely to be successful Champion of Justice Truth and true Religion in their outward visible supports then those whose known interesses would always have taken of and diminished from the worth or effect of their sufficient or never so well-meant undertakings and performances Which outward supports let them be stirred when they will men may dream and think they prophesie but an ordinary Humane eye can in reason probably fore-see nothing but very soon too sure the decay of Religion the fall of the Church as to outward frame order and support and Christian piety it self I speak in humane consideration still ready to falâ—flat down to the ground or degenerate into Natural God can sustain it miraculously feed his servants waiting on the Ministery thereof now as he did his people in the Wilderness 1 Kings 17. 6. or the Prophet Elijah by a Raven or yet more miraculously without any meat at all or perhaps in as equally strange and wonderful way by the men of this world their voluntary Benevolence But speak according to inferiour probabilities as things depend here on their causes or in humane expectation which is to be our lower rule and
thus He that considers the Course of this world the fleight estimation that most have of the best things the stony-heartednesse of men to part with what they Once Have the necessity of bread for man to live on and the unlikeliness of enough to come in for this end any other way Cannot but conclude the rather because some Preachers have been reported starved of late One by very likely information I knew conformable enough to the times yea zealous for them that there is much cause to Fear lest the Light fail with the Candlestick the Ministery fall with the Means holding it up the Gospel be a silent word when there is no voice of a Preacher nor will be Preaching much longer then holdeth out this Maintenance Those Labourers of the Lords Harvest fixed in their stations are not like to be preserved much longer in Being Health Order and Number then this accustomed food is allowed them which they may Claim as their Own not being beholding to Others or Depending which is always grievous to ingenuous natures But as they labour so be sure to live Plenty and delicacy are not the things stood upon Religion though she know how to abound as well as to want and how to dispose of superfluity as well any other yet she cares not or stands not much upon Wine and Cates Let the Epicures and men of this world hunt after this draugh sensual contentments whose empty and carnall souls know no other means of contentment or comfort Phil. 3. 19. whose Belly is their God and Glory their shame minding the Earth as the Apostle speaks and whose care is onely to feed grow fat and lie down with the Swine 't is much to be doubted also to rise with him But Being and Comfort are those Blessings which even the Children of God desire to be made partakers of in this world with submission to the will of their Heavenly Father To have to live of their Own and not be burdensome but rather helpful to others their reasonable desire And that they may finde the Scripture true 1 1 Cor. 9. 11. They that sow spirituall 't is no great matter if they reap temporall and 2 Gal. 6. 6. Let the Catechumene He that is taught commnnicate unto his Catechist or Teacher which how can it be done better then in the way of the Tenth of all 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in all things necessary or as 't is usually rendred in all his Goods This is that men In this world though not of this world will always stand upon while they live here below in this scratching and scambling world for honest as well as necessary ends O that mine eyes could spy a way if that which Is mens greedy parcimony and stubborn persisting in Unjust as well as Covetous desires will have no denial but they will be left at liberty to pull away How a constant supply should come in while men have souls to support an Army of near 1 For near so many distinct Parishes there are in England already besides needfull Chappels seems much requisiteness of more by the over-grown bulk of Divers in Sundry laces since the last distribution ten thousand able Commanders who should praeside and govern decently orderly and as becometh the Ministers of Christ over so many dispersed Congregations The slender endowment of many Vicarages not hitherto at all increased The wretched allowance of little more then some Shepheards wages usuall for Cure of souls and by the bounty of the Parish seldome or very little augmented The yet worse way in many other places where was more liberty of raising a support by voluntary rate and less expectation according to Law or Obligation by it Do give cause of even Trembling fear to think when this liberty shall be inlarged to All and men be bound to pay no more then what they can be content to allow themselves to be forced to part with Whether then there will be almost any discharge of Cure at all or the weekly sacrifice perhaps altogether cease if the necessary supply of means for the outward bodily labour should be suffered to come in in that Experienced scant way which hath hitherto left the highest and best house in the Parish no better furnished with a Levite to serve or rather to starve souls then were Jeroboams Priests heretofore 1 King 13. 33. the lowest of the people O Christian if thou be look upon the Impropriations as styled in generall Behold there the Image of Pharaohs lean kine in the slender slack allowance usuall a next to Beggarly Exhibition of what would little more then keep a single simple man alive to Read where Legall indowment had stated no more A Faulkoners or some good Journey mans entertainment exceeding what was usually allowed by the Rectour who received all the Tenth from the people And yet worse of my knowledge where the free-will-offering of the people of a Parish hath not for all the Kings Reign nor doth yet raise above half a good Shepheards wages about sixescore shillings yearly for the Shepheard of souls And then if thou have any Bowels of compassion over souls keep them from earning if thou Canst If thou have pity or love to Religion or Christian Men think hereof and judge accordingly Experience the Mistress of Fools may at some times perhaps teach wise men more wisdom Let it at least furnish us with Caution by what has been to make some estimate what is like to be What may or will or perhaps Must and to be wary look back and Compare where no stated set allowance has been by Dues to be sued for and then judge I do not speak absolutely I am no Prophet or the son of a Prophet Our foresight of things in their causes is always here but dim and as of Probabilities The suffering every man to walk in the ways of his own heart in this matter and to follow the light of his own eyes May tend I confess to not the worst prejudice or by altering but to snuffe the light that it may burn clearer and to more content of those shall both maintain and use it yet no man hath cause to be offended with my jealousie in the things of my God tenderest care and fear of the worst about his Honour or that in zeal to the worship of his Name I poure out my soul in devout supplication God grant it tend not to put the Light clean out Heavens vouchsafe this great favour to Earth that Covetousness triumph not over Religion and Having away what is thus Coveted lead to and end in worse then Popish even Heathenish darkness For this I know Heathendome as the word was when it went off was here before Tythes were paid Never effectually expelled but by them outwardly the Grace of God concurring The fence and Bulwark they have been that have kept out both it and other Errours God knows how many If the fence be removed whether the Beasts