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A79893 An item against sacriledge: or, Sundry queries concerning tithes. Wherein is held forth, the propriety and title that ministers have to them. The mischiefs which would ensue if tithes were brought into a common treasury, and ministers reduced to stipends. The danger of gratifying the petitioners against tithes, and all imposed maintenance. Collected and composed by one that hath no propriety in tithes. Clarke, Samuel, 1599-1682. 1653 (1653) Wing C4525; Thomason E712_3; ESTC R207132 7,073 10

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AN ITEM AGAINST SACRILEDGE OR SUNDRY QUERIES CONCERNING TITHES Wherein is held forth The Propriety and Title that Ministers have to them The mischiefs which would ensue if Tithes were brought into a common Treasury and Ministers reduced to Stipends The danger of gratifying the Petitioners against Tithes and all imposed Maintenance Collected and composed by one that hath no Propriety in Tithes ROM. 2. 22. Thou that abhorrest Idols Doest thou commit Sacriledge LONDON Printed byAbraham MillerforThomas Vnderhillat the Anchor and Bible inPaulsChurch-yard near the little North-door 1653. CERTAIN QUERIES Concerning the PROPRIETY and RIGHT OF The Ministry of England TO TITHES 1. WHether the Ministry of England hath not as good a Propriety in Tithes as Noblemen Gentlemen and Free-holders have in their Lands The Reasons of this Query are 1. Because Ethelwolph sonne of King Egbert who had brought the Saxon Heptarchy into a Monarchy had all the Lands in England for his Demesne as is acknowledged by Sr Edward Cook in his Commentaries upon Littletons Tenures and conferred the Tithes of all the Kingdom upon the Church by his Royal Charter dated Anno 855. in these words King Ethelwolph by the consent of his Prelates and Princes which ruled in England under him in their several Provinces did enrich the Church of England with the Tithes of all his Lands and Goods by his Charter Royal c. Adding in the end That who so should encrease the gift God would please to prosper and increase his dayes But if any should presume to diminish the same that he should be called to an account for it at Gods judgement seat c. And this he did not only as Lord Paramount but as Proprietary of the whole Land the Lords and great men at that time having no property or estates of permanency but as accountants to the King whose the whole Land was and yet they also gave their free consents which the King required that thereby they might be barred from pleading any Tenant-right as also to oblige them to stand in maintenance of Tithes against all pretenders 2. Because the people can have no Right or Propriety in them for they never bought or paid for them Neither could they come by Inheritance For that which was not their fore-fathers could not descend to them Neither came they to them by Donation which they can never shew 2. Whether it be agreeable to Piety Prudence Justice and Equity to alienate Tithes from the Ministry which have been so freely given by our own Christian Kings out of zeal to advance Gods glory confirmed by many Acts of Parliament oft times renued and reiterated as by Magna Charta thirty times confirmed and many other Statutes since yea by the Text and Body of the Common Law which affirms Tithes to be due Iure Divine as Sr Edw. Cook testifies in the second part of his Reports 3. Whether the inconveniences and evils can possibly be foreseen which will ensue upon the alteration of such Fundamental Laws of this Nation as have continued in force through all changes for above a thousand years together Tithes have been given to the Church for maintenance of Gods word and Ministrs with a curse to all such as should alienate them 4. Whether it is agreeable to Piety and Prudence to pull them from God to rend them from his Church to violate the Dedication of our Fathers the Oaths of our Ancestors the Decrees of so many Parliaments and to expose our selves to those horrible curses which the body of the Nation hath obliged it self to in case they consented to the alienation of the same as Nehem. 10. 32 c. 5. Whether it be not more then probable that the Ministry hath had a propriety in the Tithes in all Christian Churches ever since Christians had a propriety in their estates since Origen and Tertullian who lived not much above two hundred years after Christ tell us That the community amongst Christians was not wholly ceased in their time and yet where it was the Tithes were paid 6. Whether it be not Sacriledge to alienate Tithes from the Church having been dedicated and consecrated unto God either by the voluntary consent of Churches or by Donation of Princes Seeing what is voluntarily consecrated by man is confirmed by God and may not be alienated Levit. 27. 14 c. which Law is the same under the Gospel as appears in the example of Ananias Acts 5. 3. whom Peter arraigns and God condemns for this very Sacriledge Why hast thou said Peter kept back part of the price of the Land Whilst it remained viz. unsold was it not thine own and after it was sold was it not in thine own power viz. to have consecrated or not consecrated it ver. 5. And Ananias hearing these words sell down and gave up the ghost 7. Whether it is not against the light of Nature and custome of all Nations to disanull the Will of the dead Gal. 3. 5. Brethren I speak after the manner of men though it be but a mans Covenant or Testament yet if it be confirmed viz. by the death of the Testator no man disanulleth it i. e. no man ought to disanull it Therefore Tithes having been given by Testament confirmed by the death of the Testators Is it not against the light of Nature and custom of all Nations to alienate them Heb. 9. 16 17. For a Testament is of force after men are dead 8. Many Impropriations having been restored to the Church by godly Noblemen and Gentlemen and others having been bought in and setled in the most legal way that could be devised upon the Ministry Is it not against all Justice and Equity to take them from the Church again And will it not discourage all men for the future from works of Piety and Charity when they see them thus perverted 9. Whether it be not more then probable that there was a positive Precept given by God to the Fathers for the giving to him the tenth part of their substance as he had formerly required the seventh part of their time And whether do not the examples of Abraham and Iacob so readily giving their tenth evince this Or without such a Precept Had it not been will-worship in them And do not such positive Precepts if unrepealed binde all to the end of the world as we see in the case of the Sabbath 10. Whether Tithes as an honouring of God be not enjoyned in the first Commandment As they tend to preserve the publike worship of God in the second and fourth Commandment And as maintenance to the persors of Ministers in the fifth Commandment being part of the honour due to spirituall Parents 11. Whether Tithes can be called Antichristian which were paid so long before Antichrist time And when Antichrist the Popes of Rome were the first that durst take upon them to alienate them from the Church by granting Exemptions Appropriations c. thereby robbing the Church and Parish Ministers to gratifie the Monks