Selected quad for the lemma: death_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
death_n	according_a	act_n	adjudge_v	25	3	9.9572	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A17271	A new discouery of personal tithes: or The tenth part of mens cleere gaines Proued due both in conscience, and by the lawes of this kingdome. By C. Burges.	Burges, Cornelius, 1589?-1665.	1625 (1625)	STC 4112; ESTC S113879	20,686	94

be paid by vertue of the Statute of Edward the sixth where there was any right to them within 40. yeares before that Statute although they were not actuacty paid But There was in all places a right vnto Personal Tithes by 40. yeares before that Statute though they were not actually paid Therefore in all Places not expressely excepted in the Statute of Edward th● sixth Personal Tithe● ought still to bee paid though it cannot be proued that they were actually paid in all that time The Minor is proued thus There must needs be a Right to pay Personal Tithes where any Statutes still in force enacted within 40. yeares before that Statute of Edward enioyne the payment of Personal Tithes But Both those Statutes of Hen. 2. enioyned the payment of Personal Tithes and were enacted within 40. yeares of that last Statute and are still in force Therfore Personal Tithes that is the Tenth of euery mans cleere gaines are still due and of right ought to be paid by all Persons and in all places not expressely exempted by Statute though it cannot bee proued that they were euer actually paid If any should say Where the Custome of the Place hath beene to pay nothing nothing is due This will appeare to be a meere Cauil by that one Maxime knowne to Al of any experience or obseruation De non Soluendis de cimis non valet consuetudo Custome of paying nothing is worth nothing The reason giuen by Lawyers is iuri naturae diuino contraria est Because it is contrary both to the Law of nature and God himselfe The Law in such a case is this Where men pay no Tithes at all of any thing made Tithable by any Law there Tithes vnlesse some speciall Priuiledge allowed by Law bee pleaded and proued must be paid to the vtmost extent that any Law hath decreed such Tithes to bee paid in any place So then He that confesseth he neuer paid any thing nor that it hath beene the Custome of the Place where he liueth so to doe maketh himselfe liable to pay the full Tenth Least any man should suspect me of ignorance or partialitie in this point because I seeme out of my element I will produce Mr. Selden none of the best Proctors for vs Tithing-men but One with whom we poore Vicars are daily nosed to brush off this aspersion if any be cast on mee He in his History of Tithes Cap. 20. shewing that Mortuaries first became due vpon the generall presumption of euery mans negligence in paying his Personal Tithes in his life time for which cause a Mortuary was giuen in lieu of such Tithes vnpaid at death hee alledgeth a Case adiudged in it Ed●●rd 3● wherein the Person of Whitwell being sped for taking away a Horse for a Mortuary at the death of one of his Parish according to the ancient Custome of the Land and Holy Church was acquitted against the Plaintiffe and his Act iust f●●● to be agreeable to the Law This he vrgeth to proue that Custome hath euer beene held as Law euen for such Personal Tithes But he explaineth himselfe thus Where any Statute hath made a discharge or Prescription or Custome hath setled a Modus de cimandi or certaine Quantitie payable though neuer so little for the Tith there by the Lawes of the Kingdome the Owner is not bound to pay other Tith then the Statute or Custome or Prescription binds him to Which yet must bee so vnderstood in the Case of Lay-men that Custome or Prescription founded in their Possessions as Lay cannot wholly discharge the Tith or bee De non decimando but may well bee De modo only Otherwise is it in the case of Spiritual Persons that may by the Common Law be by Prescription wholly discharged and prescribe De non decimando AND THIS IS REGVLARLY CLEERE LAVV. Thus that Master of the Law This considered doth fully plucke vp another obiection by the rootes which any wrangler might make from those Phrases in the Statutes of Henry the 8. which say men shall pay their Tithes according to the laudable and lawfull vsages and customes of the Places wherein they liue Those Customes are neither laudable nor lawfull which are pleaded for paying of nothing It is not said that where any Custome hath beene to pay nothing nothing shall be paid but men shall pay their Tithes according to the laudable vsages and customes of each place where they liue Therefore it must be vnderstood of Customes by which men doe Pay something All being tyed to Pay and all Customes of paying noth●ng being vtterly voide To say that Law which Commaunds some men to pay according to Custome doth show the same men to plead Custome for paying nothing is a Contradiction very ridiculous But yet some may say If the Law bee so firme for Personal Tithes How is it that Ministers call not for them and that they doe not recouer them by Law To this I may answere with Griefe That Law which hath made them due hath giuen vs power enough to recouer them of euery man that is Honest and makes conscience not to lie or deceiue but it hath not giuen vs strength sufficient to recouer them if they bee denyed by a Knaue for it debarreth vs of the Principall and indeed the only meanes of finding out what euery dishonest mans gaines are namely the Oath of the partie that is to pay them The Makers of this Law supposing Tradesmen bred in Townes to haue more Giui●●●● then others and presuming of their honesty and conscionablenesse to pay their dues to the Minister without suites in Law did purposely prouide that the Tradesman should not bee forced to discouer his Estate to the World so oft as otherwise in likely-hood hee should bee required which might proue much to his preiudice I● was their Indulgence to enioyne the dutie without binding him to this extremitie but it was their purpose to tie his conscience the more to doe iustly herein as he will answer the contrary at his perill to God to whom they leaue him for punishment Else why should they make such a law to declare what was due and command the payment at Easter He that shall say I am not bound by Law where the Law hath omitted any one way to compell mee doth most impiously abuse the Lenitie of the Magistrate and beleeues the Magistrate doth neuer command till he smite In Diuinity it is no better then Heresie if it be stood vnto and in Morality no better then sowing the seeds of Sedition and cursed Rebellion to hold That no Law hath any force to binde but where it giues power to punish And that the Magistrates word shall bee void where his sword doth not follow at the heeles nor ought to bee longer obeyed then hee is fighting or putting weapons into other mens hands It is a thousand pitties they should want blowes who will doe nothing without them When the Apostle saith The Law was not made for the righteous