Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	earl_n	edward_n	king_n	18,726	5	4.3841	3	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A81692	A defence and vindication of the right of tithes, against sundry late scandalous pamphlets: shewing, the lawfullnesse of them, and the just remedy in law for them, as well in London as elsewhere. / Penned by a friend to the Church of England, and a lover of truth and peace.	A Friend to the Church of England, and a Lover of Truth and Peace.; Downame, John, d. 1652,; Nomophilos Philotolis.	1646 (1646)	Wing D2074; Thomason E339_7; ESTC R1318	21,705	42

appeasing of the said strife then newly grown submit themselves to stand to such Order and Decree upon compromise touching the paiment of Tithes oblations and other duties within the said City and liberties of London as persons whom they had mutually chosen for the appeasing of the said strife being the greatest Lords and Officers of Justice then in the Kingdom should make and ordain viz. Tho. Cranmer Archbishop of Canterbury the Lord Wryothsly Lord Chancellour of England Thomas Duke of Norfolke Lord Treasurer of England Sir William Pawlet Lord Sr John President of the Councell John Lord Russell Lord Privy Seal Edward Earl of Hertford Lord great Chamberlain of England John Vicount Lisle high Admirall of England Sr Richard Lister Chief Justice of England Sr Edward Mountague Chief Justice of the Common Bench and Sr Roger Cholmely Chief Justice of the Eschequer by which Statute it was enacted that what Order should be made or decreed and concluded by the said Archbishop Lords and Knights or any six of them before the sixth of March then next following concerning the paiment of Tithes oblations and other duties within the said City and liberties of the same and enrolled in the Kings high Court of Chancery of Record should be as an Act of Parliament and should binde all Citizens and Inhabitants of London and all Vicars Parsons and Curates of the said City and their successours for ever And that every person denying to pay Tithes or other duties contrary to the said Decree so to be made and enrolled should by the commandment of the Lord Major of London and in his default by the Lord Chancellour of England be committed to prison there to remain till such time as he or they should have agreed with the Curate or Curates for his or their Tithes as by the said Statute may more appear eight of which ten persons made their Decree accordingly the 24. day of February in the year 1545. Thomas Duke of Norfolke and Sr Edward Moumague were only left out which Decree I affirme to be enrolled in the Court of Chancery and a true Copy of that enrolled Decree is at this day printed with the Statute of 37 Hen. 8. And I make no doubt but the City of London hath likewise an exemplification of that inrolled Decree under the broad Seal And though Mr John Claydon by Mr Norburies direction searching in the Chappel of the Rolls could not finde it doth it follow therefore that an other Clerke cannot finde it Or if it cannot at this day be found doth it follow in the negative that never any such Decree was enrolled How many printed Statutes have we at this day by which the Judges of the Realm do adjudge cases in Law of which the originall Records cannot at this day be found and the like hath been of this printed Decree for these hundred years without reference to the Record in Chancery But admitting there was never at all any such enrolled Decree will it therefore follow or will any Lawyer affirm that then there is no remedy for Tythes in London doth not the former Decree of Archbishop Cranmer and the Lord Chancellour Audley then take place For that Decree is not repealed by the Statute of 37 Hen. 8. by any words in that Law but was to continue in force till the Decree upon arbitrement and compromise was made if this later was never made then that former Decree continues still and if that former Decree was extinct and gone to which the Provisoes in the Statutes of 27 Hen. 8. and 32 Hen. 8. do only refer then Tithes in London are due and paiable as formerly by the Ecclesiasticall Law so that quacunque via data there is a ready and certain remedy for the recovery of the Tithes of Houses in London So weak and feeble are those weapons which are lifted up against the force strength of truth which I hope I have cleerly layed open in the point of Tithes both for the Right and for the Remedy even to the Pamphleters themselves unlesse they will caecutire ante solem as the Proverb is And therefore they begin to shift their weapons and in stead of arguments against the Statute of 37 Hen. 8. and the Decree of Tithes upon it they slander down-right that very Parliament of 37 Hen. 8. I abhor to do them the least wrong and therefore I will quote the very words of one of their champion Pamphlets like another Goliah of Gath called The Inditement of Tithes By the many scandals and errours but of one passage in that book you may easily judge what to thinke of the truth of all the rest contained in that Pamphlet The words to the Lord Major among other reasons and grounds against Tithes are these May it please your Lordship to take into consideration what an over-ruling hand King Henry the eighth and his Privy Councel did bear over the Parliament at that time which as it appeared in other things so especially in this of Tithes in Anno 37 of his reign prevailing so far as to induce that Parliament to delegate their power in a matter of so great concernment to the then Archbishop and other Lords and Knights Enacting that whatsoever they should decree therein should binde at the Citizens for ever an unheard of strain of Parliament to confirm with reverence we speak it they know not what and which to this day hath had no other confirmation In which Decree we pray your Lordship to observe the ignorance and superstition of that age that followed the steps of their erroneous predecessours both in Episcopacy and Tithes without comparing them to the word of God also the unequall dealing of those entrusted providing that great mens dwelling houses should be free from Tithes whereby it may appear this Decree or Law for Tithes if it deserve to be so called is not so valid or reasonable as it is generally conceived and however ought not to be pleaded or stand in force against the word and minde of God In which words you may observe these scandals and untruths First Where the Lord Major is desired to consider what an over-ruling hand King Henry the eighth and his Privy Councel did bear over the Parliament at that time which as it appeareth in other things so especially in this of Tithes in Anno 37 of his reigne c. There are no lesse then these three slanders First of the person of King Henry the eighth who did nothing in this businesse of Tithes but as a tender father to the Citizens of London who loved him and he them not as an overbearing Prince for it appears plainly by that Statute that it was an Act of grace in him the words are these To the intent to have a full peace and perfect end between the said parties their heirs and successours touching the said Tithes oblations and other duties for ever Be it Enacted c. Secondly of his actions making him in this matter of Tithes and in other things to

for the quiet enjoyment of those endowments and against the alienation of them from the Church have rendered them famous for piety and vertue to all posterity And here in England about an hundred years before Lucius the first Christian King and first anointed in the world and divers more Kings of England long before the daies of superstition which I will not meddle with abhorring superstition as much as any followed the same patern and the first words of their Charters and grants began like that of Magna Charta Mag Ch● ch 1. Concessimus Deo Ecclesiae 2. The second ground is this That the Law of God penned by Moses concerning the paiment of Tithes to the Levites from whom were the Priesthood as to the letter of that Law as it refers to a precise tenth part of the fruits of the earth neither more nor lesse and the manner of the paiment of it in relation to the sacrifices of the old Law is meerly Ceremoniall and abrogated by Christ who being a living Sacrifice put an end to these dead ones under Moses but as to the equity of Tithes that a competent portion I doe not say quota pars a just tenth but quanta pars a fit maintenance should out of the fruits of the earth be allowed for the livelihood and support of the Evangelicall Priesthood under Christ which came in lieu of the Leviticall Priesthood under Moses it is morall and lasts to this day This I prove by the Law it self Numb 18.21 Behold I have given the children of Levi all the tenth in Israel for an inheritance for their service which they serve even the service of the Tabernacle of the Congregation This was the reason of that Law now that kinde of Priesthood being changed and a better come in the room and such who serve at a better Tabernacle and at a better Altar being Christ himself for so he is called Heb. 13.10 and who offers a better Sacrifice to God then the Leviticall Priesthood even a Sacrifice of praise to God continually as the same Apostle speaks Heb. 13.15 It is great reason that these performing the same service in substance should partake of the same or like wages This is the very Argument of the Apostle Paul 1 Cor. 9.13 14. Do not you know saith he that they which minister about holy things live of the things of the Temple and they which wait at the Altar are partakers of the Altar even so hath the Lord ordained that those which preach the Gospel should live of the Gospel This will better appear by comparing the Law of Tithes with other things under the Law which are now abrogated by the Gospel as to the Ceremony but as to the substance and morality remain to this day I will in stead of many give but two or three instances 1. The Law of the Sabbath by the fourth Commandment tied men to the observation of a seventh day which seventh day the Jews observed from the first day of the Creation this as to that day is now as much abrogated as the paiment of Tithes to the Levites there is no precept in all the new Testament for altering of that day to the first day of the week but only the constant custome of the Church ever since the time of Christ Is therefore the morality of the Sabbath gone God forbid Here might I take occasion to commend the Church of England above any reformed Church in the world for the holy observation of this day but I will not digresse And therefore I say as the morality of the Sabbath still continues as to give God one day in seven for his worship so I say the morality of the Law of Tithes as to a fit maintenance for Gods Ministers that attend the worship continues to this day in England and I hope ever will 2. The Law of Circumcision as to the cutting off of the fore-skin of the flesh in Infants is meerly Ceremoniall but yet the morality of it as to baptizing of Infants still continues and yet there is no precept in the Gospel for baptizing of Infants 3. The like instance is in the Paschall Lamb abrogated as to that Ceremony but still continues as to the celebration of the Lords Supper which comes in the room thereof from both which may be concluded strong inferences of reason for the continuance of Tithes in that sense I have expressed of them 3. The third ground is this that this way of maintenance of Church-men by Tithes is the most ancient and the most just way that can be named 1. For the first it is as old as Melchisedech Priest to the Ancient of daies and from the time of the Law and all the time of Christianity it hath continued a constant Church-maintenance thorowout Christendome till the Reformation of Religion in the daies of Luther and Calvin In those places of reformed Religion where the Reformation was orderly which are farre the greater number that kinde of maintenance continues to this day But where it was done by popular tumult and power of the Sword that kinde of maintenance was taken away and with it the very Churches themselves and the most part of their revenues 2. Secondly It is most just There were three principle reasons why Tithes were to be paid to the Levites of the Law The first in respect of their persons The second in regard of their work And the third in regard of their wages 1. For the first The Law is given in Numb 18.20 and Deut. 10.9 that Levi was not to have any inheritance in the Land like the other Tribes for that God was his part and inheritance and they were his and that they should wholly depend upon him not upon the gifts of men which he shewed in that he gave them their maintenance by the encrease of the fruits of the earth being an act of his immediate providence all the men in the world being not able to make the smallest herb of the field to grow And is not this the case of Levi under the Gospel Are not the Ministers under the Gospel truly and properly and very anciently called Clerus Domini the Lords portion or inheritance for these two reasons First As the Levites were separated from the rest of the Tribes for the Lords Sanctuary So are Ministers under the Gospel separated from all the people by Ordination from God in imposition of hands The Text for this is very plain Act. 13.1 2 3. For when at the Church of Antioch certain Prophets and teachers were met amongst whom was Barnabas and Saul afterward called Paul As these ministred to the Lord and fasted the holy Ghost said Separate me Barnabas and Saul for the work whereunto I have called them c. Here is the proper sense of the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Gods lot or inheritance in that they are separated by the holy Ghost to God and to his service 2. As the Tithes which the Levites received out of

Hen. 8. c. 2. for Tithes in London Having thus proved the Right of Tithes I come now to the second head being the Remedy at Law for the recovery of these Tithes when they are deteined Remedy and Right do usually go together at Common Law 2 Head That Right which is in Law called Remedilesse is very rare and happens only in such cases whereof there hath been no precedent seisen or possession which falls not out in the case of Tithes of which there hath been a constant seisen and possession in the Church of England But the remedy for Tithes were anciently in the Kings temporall Courts Mic. 7 Ed. 1. rot 21. Linwood de Fore competenti 71. Co. 2. Instit. fol. 489 c. 18 Ed. 3. c. 7. as it was by the Imperiall Laws in the Civil Courts of Emperours sometimes in the Sheriffs Turne sometimes by scire facias in the Chancery And the Right of Tithes were likewise tried in the Kings temporall Courts as by the ancient Writts of De recto de Advocatione decimarum and the Writt of Indicavit may appear The first Statutes that annexed Tithes to the Ecclesiasticall Courts agreeing therein with the Common Law are the Statutes of West 2. cap. 5. and Circumspecte agatis made both in one year viz. 13 Ed. 1. The next Statute is 9 Ed. 2. called Articuli Cleri but because the remedy in the Ecclesiasticall Courts went no further then spirituall censures the highest whereof is Excommunication numbers of persons cared not to hazard their souls so they might save their Tithes And to this purpose is the expression of the Act of Parliament of 27 Hen. 8. cap. 20. That whereas numbers of evil disposed persons having no respect of their duty to Almighty God but against right and good conscience did withhold their Tithes due to God and holy Church as is in that Statute more at large expressed By which Statute it is provided that if any person refuse to obey the Processe of the Ecclesiasticall Court for the payment of Tithes that then upon complaint or information of the Ordinary to any of the Lords of the Councel or by two Justices of Peace whereof one to be of the Quorum in the County where such offender dwelleth that then the said Lord of the Councel and two Justices shall commit such offender to prison without bayl or mainprise untill he shall put in surety by Recognisance to such Councellour and Justices of Peace to obey the Processe of the Ecclesiasticall Court The like remedy is given by the Statute of 32 Hen. 8. cap. 7. for a lay person Farmor of Tithes by two Justices of Peace after definitive sentence in the Ecclesiasticall Court for the recovery of the Tithes withheld and substracted against any person refusing to obey the said sentence The Statute of 2 Ed. 6. cap. 13. decides the suit for Tithes to be partly in the spirituall Court partly in the temporall Court of the King for personall Tithes as Wool Lamb Flax Hemp Apples c. the suit is only in the Ecclesiasticall Court but for prediall Tithes as Corn Grain Hay c. the suit may be either in the Kings temporall Court by action of debt for the recovery of the treble value or in the Ecclesiasticall Court for the double value And this was the Law for the recovery of all Tithes whatsoever in the Kingdom of England till the Statutes of 27 Hen. 8. cap. 21.37 Hen. 8. cap. 12. did alter the course of Law for Tithes of the houses in London which I come now to speak of To speak properly No Tithes are to be paid out of houses for Tithes by the Law are out of things that increase not out of things that diminish out of things that grow not out of things that decay But because Houses are built upon Lands out of which Tithes issued compositions were made by the owners of such houses with the Incumbent for a yearly rent or summe to be paid to him in liew of Tithes for the ground on which they were built 11 Rep. D. Grants Case this composition was called a modus decimandi for which they sued in London before the Statutes of 27 Hen. 8. cap. 21. and 37 Hen. 8. cap. 12. in the Ecclesiasticall Court as they did in other Cities and Burroughs thorowout England but these two Statutes made an alteration of the Law and that the suit of Tithes should be before the Lord Major of London in his default before the Lord Chancellour or Keeper of England which is the reason why the Statutes of 27 Hen. 8. cap. 20.32 Hen. 8. cap. 7. and 2 Ed. 6. cap. 13. do make speciall provisoes and exceptions of the City and Inhabitants of London concerning their paiment of Tithes It appears by the Statute of 27 Hen. 8. cap. 21. that there was much contention and strife in the City of London and liberties of the same between the Ministers and Citizens of London concerning the paiment of Tithes oblations and other duties within the said City for the appeasing whereof a certain Order and decree was thereof made by Tho. Cranmer Arch-bishop of Canterbury and Tho. Lord Audley Lord Chancellour of England who made their Order and decree thereof about the Feast of Easter Anno Dom. 1535. which was confirmed by the Letters Patents of King Hen. 8. and his Proclamation thereupon Afterwards at the Parliament on the fourth of February 27 Hen. 8. it was then enacted That the Citizens and Inhabitants of the same City should from Easter next following pay their Tithes to the Curates of the said City and suburbs according to the said decree untill such time as any other Order or Law should be made and confirmed by the Kings Highnesse c. and that every person denying to pay his Tithes according to the said decree should by the commandment of the Lord Major for the time being be committed to prison there to remain untill such time as he should have agreed with the Curate for the said Tithes as by the said Statute already printed in the old Statutes at large may more appear According to which Order and decree the Citizens and Inhabitants of London duely and orderly payed their Tithes to their severall Curates for the space of ten years together untill the 37th year of Hen. 8. at which time divers variances and contentions did newly arise between the Ministers and Curates of the said City and the Citizens and Inhabitants of London touching the paiment of the said Tithes oblations and other duties which strife did grow not from any unjustnesse in that Order and Decree but because certain words and termes specified in the said Order and Decree were darke and obscure and not fully and plainly set forth as by the Statute of 37 Hen. 8. cap. 12. may appear Whereupon as well the Pastours Vicars and Curates of London as likewise the Citizens and Inhabitants of the same did voluntarily of their own accord and meerly for the