Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	commandment_n	divine_a	great_a	14	3	2.1077	3	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A38604	The civil right of tythes wherein, setting aside the higher plea of jus divinum from the equity of the Leviticall law, or that of nature for sacred services, and the certain apportioning of enough by the undoubted canon of the New Testament, the labourers of the Lords vineyard of the Church of England are estated in their quota pars of the tenth or tythe per legem terræ, by civil sanction or the law of the land ... / by C.E. ...	Elderfield, Christopher, 1607-1652.	1650 (1650)	Wing E326; ESTC R18717	336,364	362

now be well stinted unless for double strength among us for as much as in a certain clear but mediate and consequent way the Act of Man having given and the Authority of God above confirming what is done below that divine print reaches through no doubt in the way hath been shewed and cannot but stamp somewhat of heavenly and the Supreme Power upon the Acts that have passed of Men and so for the Commandments sake yea for that is by derivation approbation and undoubted confirmation the Divine Commandments sake they are now Due and must not but be paid as in Israel Rebus sic stantibus or as things have passed and now are and remain they are I say unquestionably Thus due by Divine Right For the Magistrate is Gods 1 If an● one shall prove troublesome and stir Tumults Confestim opera ac diligentia famuli Dei meipsnm dico poenas suae inscitiae dabit says Coustantine the Emperour Theodor. Hist Eccles l. 1. c. 20. Minister Every just Law His Ordinance Vox Legis Vox Dei and every syllable and sound thereof quickned with an additional spirit of divine infusion according to our Scriptures and as we have from Rom. 13. 1 Pet. 2. and other places And sith then here the Magistrate and the Law have proclaimed for them whither they be due as in Moses to Israel by the Text of Leviticus or by vertue of any Gospel or the Epistle to the Hebrews seems not so much material at least not necessarily considerable for as much as though this were considerable at first yet now they are Here fast enough by what the Magistrate has done for them by his Vicarious power and substitute authority The Powers that are are still ordeined of God as was also said before He sticks not to set to his Seal to what has been orderly past in lower Courts approving and commanding what they prudently and justly do and it ought not for Gos sake but be obeyed so that whether the general take hold or no or universal that Where ever the Gospel is preached this shall be part of its obedience and the Labourer is worthy of this hire by divine Right We have here a sure word of Righteousness enough whereunto we may do well to take heed as unto a light shining in a dark place and if Not the General Divine Law Decima ut Dives fias or Non tardabis offerre Deo Decimas yet the other General is topical and directly binding in our Meridian and Clime sc that we must Do justice That we must 2 Rom. 1. 3. Render to every one his Due for the Lords sake 1 Phil. 4. 8. Whatsoever is just as well as whatsoever is Pure 2 Matth. 22 21. To Caesar the things that are His and to God the things that are Gods And Thus The Law of God This Law is thus brought about as quickning and so confirming Mans and the duty hereby to Us moral even to every English Christian because This is sure such and most undoubtedly 3 Deut. 16. 20. That which is just and right That O Christian shalt Thou do So the thing be brought about no great matter which way As if the Arrow hit the Mark little inquiry how it came thither Now Divine Authority backing of which there is enough and seconding humane Ordinances The rest is easie and unless for double strength as said we have not so much need to inquire for a Divine Letter because we arrive at the same point safe and sure in the other way of Humane for if Man have settled and God commanded to be paid He have given and the Magistrate who is Gods Vicar allow and injoyn payment Now even for Conscience sake that may not be omitted And whether the Scripture or Nature say any thing in the Case particularly home They say enough in establishing humane Ordinances which will bring God along with them and Man for God must not but pay what Man has settled for Gods Commandment sake So in this new way here is Jus Divinum or Divine Right stil Mediate and Consequential but sure and certain which perhaps may not be in Virginia or new-New-England where the Gospel may be yet in full vigour or in Madagascar or Japan if the same holy Rule should there finde obedience The Climate alters and some particular things done Here which I think There have not and thence indeed This difference and Our preferment And suppose they that is either those remote strangers or our Brethren at home that Rely on Divine Right in scriptis or the very Letter of the Law should lose all with that Letter of Scripture and their proofs falling short from Text or Reason they therewith fall short of all proof yet in this Our way we keep enough in derivation of Consequence and by Preadvantage of a Civil Title granted and settled we gain also another of another sort Divine but Mediate accumulate and lasting even when the immediate and literal is in reality or supposition taken away In short we need not doubt of a Divine Right Here with Vs while there is a humane Ordinance prevailing and a Divine inspired 1 1 Pet. 2. 13. Apostle speaking from God we must Obey every Ordinance of Man for the Lords sake The first of which has had attempt of plentifull proof submitted to judgement and of the last no Christian admitteth doubt Yet speak I not any of this last to evacuate or infirm that or their opinion who go another way to stablish the opinion of Divine Right by their fair and solid Arguments from the Text as if I would withdraw mens mindes from the love and estimation of their Gold pretending here is Silver and then if this fail after a while they are wiped of both and have to trust to Neither No these are severall and this Another but not a contrary or cross Way pointed to they do not justle but are very well and fairly consistent and composeable one with the other and this prop of Wood may help if that pillar of Brass fail or be misplaced This string may hold if that chance to break or perverse men will not be held by it And in this additional or supplemental way it may be acceptable also to those who are more strict for the divine Right immediate which be it what it will I keep promise of within the Circle of mine own Sphere Be that or be it not This I believe is and this advantage enough hereby if we have it To conclude let the things be considered as before alleadged from the parts of the Law dispersed Councel interpreting and which is most material to Exposition the practise and Seen Force of the Law thereby and we cannot from them I think but conclude 1. A certainty of Civil Right and by that bottom of rooted Law that gives all things 2. A probability of Divine Right mediate and consequential At least the first and with much assurance Id quod

particularity At the darkness of this remote distance we may not look to see every Mote but as things draw nearer so shall we see clearer This of Augustines time may have been only in Kent for there he setled and Chiefly lived the next will look to the cold Climate and in the next Missive which was about 200 years after see what took effect more Northernly sc The account of these meetings in these and more circumstances is returned in an Epistle to Rome about the year 786. when the things were done by one of the Commissioners and published by Illyricus in his Centuries Vid. Cent. 8. cap 9. col 316. edit 1624. In an Embassage directed to Offa King of Mercenland and Aelfwald K. of Northumberland with their Archbishops where the Commissioners were Gregory bishop of Ostia Theophylact of Todi in Italy both and they came first to Offa it seems because nearest and he because the business might concern him sent and called to councel Kenwolfe or Kynewlfe King of the West Saxons There the work was distributed Theophylact stays about Mercenland and Wales Gregory and his assistants go to Aelfwald or Osward King of Northumberland and Eanbal his Arch-bishop where a Parliament was summoned or that which had the nature thereof a meeting of both States Convenerunt omnes principes regionis tàm Ecclesiastici quàm seculares and the 17 of their decisions this Decimum Septimum caput 1 Ib. col 320. de decimis dandis sicut in lege scriptum est of setling tythes according to the Law 2 Decimam partem ex omnibus frugibus tuis seu primitiis deferas in domum Domini Dei tui Rursum per prophetam Adserte inquit omnem decimam c. ib. The tenth part of all thy fruit or thy first fruits thou shalt bring into the house of the Lord. And again by the prophet Bring all the tythes into my barn that there may be meat in my house and prove me in this if I will not open the windows of Heaven and pour out blessing abundantly and I will rebuke the Devourer for your sakes that destroys the fruit of your land and there shall not be a vine barren in your field the Lord saith it As the wise man speakes no man can give his own alms of his own unless he first separate to the Lord what from the beginning he hath required to be his And hence often it cometh that he that will not give the tenth is reduced to the tenth Whence with all earnestness we command that All study to give the tenth of all they possess because it is the Lords peculiar or reserve and live of the nine and be bountiful as they can This was proposed in the Assembly and besides the King and Clergy confirmed with the assent and subcription of all the Elders Captains and people of the land 1 His quoque saluberrimis admonitionibus Presbyteri Diaconi Ecclesiarum Abbates Monasteriorum Iudices Optimates Nobiles uno opere uno ore consentimus subscripsimus Ib. consenting the Judges Peers and Nobles And so to King Offa and his Elders or Senators or Councellors Senatores is the word who did the like his Princes and Clergy setting their markes Brorda Dux signo sanctae crucis subscripsi Faxwald us Dux subscripsi Beroaldus Dux subscripsi Othbaldus Dux subscripsi with a cross as the manner then was in their serious and religious confirmations A most observable Law says Mr. Selden if it be genuine as why should it not being made by both States and of two Kingdoms It is not like Illyricus forged it or would venture it to light without some Authentick authority considering who he was and what he is there a doing the phrase stile and forme speake much the tone of that age Our 2 Vid. Concil Brit. pa 291. pag. 298. Sir Henry Spelman followes him in the substance though not in the circumstance giving it due place in our Councels since published and unless we will question every thing why should we this He hath added the name of the place Concilium Calchuthense that is either Chalchuth or Calchuth or Celchyth or Cealtide for these several variations I find which Camden places in Northumberland though he had rather finde it in the higher Climate of some part of Mercia I should seek for it between York and Durham CHAP. X. ONe thing more is observable that although Kenulph King of West-Saxon-rie were present at the first delivery of the Letters we hear no more of him afterwards the approbations and subscriptions having onely the countenance of the more Northern parts for Tythes may not yet have been generally setled save in Kent by Ethelbert and Mercia and Northwards as but now which yet was after done ere long and namely by that Celebris donatio Ethelwlphi so much spoken of This clapped the severe and absolute injunction upon all the Kingdom having power so to do as the other had not infolding every part that was under his power and all was under the same constraint so that now to Tythe was as generall as to reap and by a Catholick command from sea to sea and from the flood to this worlds end Gods Ministers had now an appointed and setled livelihood wheresoever man had For the better understanding whereof this of story would be taken in by the way That 1 Cognoscendum igiturest quòd eodem hic titulo utitur Ethelwulphus Rex quo Egbertus pater suus bellicosissimmus acquievit cum universam Heptarchiā suae subjugasset ditioni and how Vid. Spelm. Concil pag. 351 352. Speed Cbron. lib. 7. chap. 31. Polyd Virgil. li 5. pag 89 90. Egbert this King Ethelwlphs father had gathered together no longer before the dispersed pieces of petty-Royalties here into one greater Monarchy and bruising and battering the Coronets of seven at the remainder of seven lesser Kings had cast them all into one greater Crown moulded for his own head and left the power to this his son under the Title of Monarch of the Nation or King of England A fit time to do any great work and make or perfect such a change as should be Catholick and uniform not now This and That but one and the same throughout the Nation Before him it was King or Kings of Britain till the Caesars came Then Aulus Plancius Ostorius or others Lieutenants of Britain after the fell Saxons gave denomination to their severall shares of a conquered Heptarchy and we had South East and West-Saxons besides Kent East-Angles Mercia and Northumberland But this Egbert mastered All brake 2 Stow. Chron. in the life of this Egbricht pag 99. Speed ubi s●pr sect 6. the image of Cadwaline last King but one of the Britains triumphantly placed over Ludgate crushed the power and obliterated the partiall names of his own Countrymen and made all stoop to his sole Command under the new name of The Kingdom of England whereof he was

disturbed Ecclesiasticall Jurisdiction 1 1 R. 2. c. 15. The Prelates and Clergie of the Realme do greatly complain them of that Disturbance in matter of Tithes against the Franchise c. But the words hereof were given 2 Pag. 151. before there needs onely now to remember thence 1. That Triall of the Rights of Tithes is there said to belong to the Church Court 2. It was then so 3. It 3 How long Sir Edward Cook looks back to some then late ●cts of State as 18 Ed. 3. cap 7. Articuli Cleri 9 Ed. 2. circumspectè agatis in 13 of Ed. 1. c. But the farthest of these was but within the compass of a Century toward the end of this yo●ng Kings great Grandfathers dayes and so far unlike●y and ●nfit then to take the stile date upon them f●o● the gravity of a Parliament to have it said Of old were wont to be It was then scarce out of many mens memories and if it had been within ken of any such apprehension the plain intention of those sages would no do●bt have meas●red out their words by things and set it upon its right bottom of something within view which some of them had seen to omit what shall be after said is fuller answer and plainer proof that in Hen 3. time and then likely by ●s● and c●sto●e too this discussion of Dues was made and acted here upon this Scene had been so 4. Of Right it Ought to be so 5. To disturb was against the Franchise allowed and ratified by the Charter All which things are there plainly in a Parliament law acknowledged It was no new Incroachment but an allowed usage It was no new Custome then sprung up but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 delivered from hand to hand through many Generations It was not a senslesse Custome getting head tantùm non against reason andequity at first but the sage and advised Law had thus at beginning stated and till now declared and appointed And maliciously and Unduly 't is said to note the Fountain whence that grave Assemblie thought those bitter Streams proceeding Malice and Wrong men were indited for doing their then duty as of Right they ought to do and of old were wont to do but to proceed in the next Chapter is more Item It is accorded that at what time that any Person of holy Church be drawn in Plea in the Secular Court for his own Tithes taken by the name of Goods taken away and he which is so drawn in Plea maketh an Exception or alleadgeth that the substance and sute of the Businesse is onely upon Tithes due of Right and of Possession to his Church or to another his Benefice that in such case the general Averment shall not be taken without shewing specially how the same was his Lay Cattall Here was 1. Somewhat distinct from Lay Cattal and to oppose thereto 2. Tithes due of Right and that by Statute-testimony 3. Something to be done before the Secular Court can take notice when the subject is Tythes 4. The scope of all to hinder that Court. For if the Land-owner might suppose them Lay then as it was an offence for the Church-man to take them so that offence must be examined in the proper Lay Consistory but if they were Tythes taken away the Church-mans due Own then elsewhere where it was known what would be said and That seems forbidden This furthered The Goods must not be supposed Lay Cattall They might be proved the Takers own Tythes which must be done onely 't is known where And so the whole doubt of the Lists where the Controversie was to be tried which was the thing in question vanisheth This I take to be the meaning the words being dark and observe all along that Lindwoods Collection seems referred to as Text and even the Secular Law relates still to those Rules as approving to try by them whether this or That shall be taken for Tythes or not So that interpretatively the very Canon by approbation and allowance from abroad is the Rule of some Civil Right immediate with us and the Giver of some Title of Dominion the Church by intimation and supposition of the Parliaments Civil Law Immediatly the next was Henry 4. of Lancaster whose fatherly care continued to keep together these Dues to the maintenance of Religion and whereas some of the Order of Cisteaux had procured Bulls for the discharge not onely of the Land they used which was 1 Decr. Greg. t●t de decimis cap 10. ex parte tua allowed and a singular Exemption but of what they 2 Licet de benignita●e sedis Apostolicae sit vobis indultum ut de laboribus quos propriis manibus vel ●umptibus colitis nemin● decimas solvere teneamini propter hoc tamen non est licitum vobis decimas de terris vestri subtrahere quas aliis tra●itis excolendas id cap. sequ farmed out which would not be allowed in manifest dis-agreement from the rest against this it was ordered 3 2 H●n 4. cap 4. For as much as our Lord the King upon grievous Complaint made to him this Parliament hath perceived that the Religious men of the Order of Cisteaux in the Realm of England have purchased certain Bulls to be quit and discharged to pay the Tithes of their Lands Tenements and Possessions let to ferm or manured or occupied by other persons then by themselves for such discharge must be or else all paid In great prejudice and derogation of the Libertie of holy Church and of many Liege people of the Realm our Lord the King willing thereunto to ordain Remedie by the advice and assent of the Lords Spiritual and Temporal and at the instance and request of the said Commons hath ordained and stablished that the Religious Persons of the Order of Cisteaux shall stand in the state that they were before the time of such Buls purchased And that as well they of the said Order as all other Religious and Seculars of what estate and condition that they be which do put the said Bulls in execution or from henceforth do purchase other such Bulls of new or by colour of the same Bulls purchased or to be purchased do take advantage in any manner That Processe shall be made against them and every of them by garnishment of two moneths by Writ of Praemunire facias And if they make default or be attainted then they shall incur the pains and forfeitures conteined in the Statute of Provisors made in the 13 Richard 2. Done in the Parliament at Westminster in the Vtas of S. Hillary and we have by it a notable evidence of the King and Kingdoms good will and allowance of the continuance of these Rights that they would not suffer them to be curtolled or kept back unpaid not by virtue of an Order from Rome whose power how great it then was all know but willed rather a Praemunire against the Detainers Perverters and their Adherents and