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england_n	john_n	lord_n	treasurer_n	3,143	5	10.7684	5	false

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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

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 MAL. 3.8 Will a man rob God yet ye have robbed me but ye say Wherein have we robbed thee in Tithes and offerings Penned by a Friend to the Church of England and a lover of Truth and Peace LONDON Printed by George Miller dwelling in the Black-Friers 1646. TO THE RIGHT HONOVRABLE THOMAS ADAMS Lord Major of the City of LONDON Right Honourable IT is storied of Diogenes a wise Philosopher though a sullen Cynick that when he was about to dis he desired his friends about him to bury him after his death with his face downward they thinking this request to proceed rather from his humour then from his wisedom demanded of him the reason he told them That very shortly the world would be turned upside down and then his face would lie upward I need not apply this story your Lordship is no stranger in this our Israel and cannot but observe this manner of Change you now sitting at the Helm for the government of this goodly City I had almost said Nation for England is in London at this day I will not speak of that lovely Gemini Religion and Law which in the judgement of * V●i Religio est ibi bon● mores bona disciplina c. Sublata vera R●ligione cor●●ere Re●r necesse est Quta sublato timore Dei sequ tur impietas ex ca ruina Imperiorum Mach. lib. ● in Dec. l. iv c. 11. Psal 4● Machiavell himself do rise and fall together I will only call upon your Lordship with the Prophet to come and behold the works of the Lord what alterations he hath made in this great City of London which I have sometimes known as a City like Jerusalem at unity within it self not a convicted Recusant nor a notorious Heretike or Schismatick to be found within the walls of that City London whose twelve Companies like the twelve Tribes of Israel were wont to go up by multitudes to the House of God not in the sound of a Trumpet and Alarm of warre but with the joifull voices of Peace and Praise like those that kept holy day London whose Lord Majors sword was almost as formidable within that City as the Scepter without But is London so now I will say no more but weep out the rest for that City where I was born and bred and where I have spent most of my daies whose prosperity and wellfare I have ever sought Quae peccatis perijt stetibus stetit Jer. Epist al D●n●●ium and shall daily pray for in the sense of Ierome concerning Nineveh that what sin had thrown down from the firmenesse of rocks grace might re-establish in the softnesse of tears The subject of this ensuing discourse being in the number of those things that are turned upside down is no stranger to your Lordship though the Authour be and cranes your patronage which in justice you cannot tell how to deny your Lordship being appointed by the Law of the Land the sole Chancellour and Iudge of Tithes in London a felicity beyond all the Kingdom besides where the Law is at this day somewhat loose and unsetled but only in London Fourteen yeers are not yet elapsed and gone since it was a common Question among the Divines of England not whether Tithes were due but whether they were not due jure divino Since it was accounted a most pious and religious worke in divers of your Lordships predecessours to be appointed Trustees for the buying in of Impropriations of Tithes and restoring them to the Church Since consciencious men could not die peaceably in their beds till they had made restitution of substracted Tithes But now of late a strange New-light hath appeared to a generation of men displeased with old Truths not such a light as appeared to the Wise-men leading them to Christ Mat. 2.11 and presenting him with their gold frankincense and myrrhe but such a kinde of light as appeared to the souldiers by which they took our Saviour in the night and stript him of all he had Joh. 18 3. These men in their Petitions to your Lordship confidently tell you for they seldom speak modestly that Tithes are Popish yea Iewish and therefore to he abolished the endowment of Churches by them superstitious the withholding of them lawfull and the paiment of them injurious Whether Will not this spirit of errour in the appearance of an Angel of light at last lead them nay unto what height hath it not already carried them when they can turn Beast into Best and plead for a very Saul to be a true Paul My Lord Fame hath reported you to be a Iudge of the old Portraiture To have an Eagles eye by an exact and diligent search into the Cause before you a Ladies hand in the transaction of Causes with much tendernesse and compassion and a Lions heart to break the jaws of the wicked and to pluck the prey out of their teeth God and the Law by diners ancient and late Charters which the Kings and Princes of this Nation in their grace and favour have granted to the City of London which they made and called their Chamber have armed your Lordship with Power to do great things if you exercise it with your Parts no Garisons either of schisme or sinne can long hold out in this City In this great accomplishment I need not prompt your Lordship what to do I doubt not but you will make it your study your care your duty to purge this City from that accursed and execrable sinne of Sacriledge by causing the maws of such guilty persons like the belly of Ionahs whale to disgorge the law full patrimony of the Church that the blessing of him that was ready to perish may come upon you and that you may cause the hearts of the poor Ministers of London to sing for joy that your daies may be multiplied as the sand and when they expire that God may then make you to die in your nest leaving a blessed memorial behinde you It was the praise of Constantine the Great to be called the Advocate of Gods Church which be thought a greater glory to him then to be Emperour of the whole world And let it be a greater Honour to the great Lord Major of London for so hath bis Office made him to be accounted the Churches Advocate in helping the Ministers of London to their just Patrimony then to be Governour in Chief of that great City which Honour let it be the portion and inheritance of your Lordship and of your vertuous Successours for ever So prayeth he that maketh it his utmost ambition to be to your Lordship and to that whole City an Avowed obliged servant 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Imprimatur May the 9th 1646. John Downame A DEFENCE OF TITHES THE common Law of

England K. Iames Parl. Speech 1609. the best Law for this Nation in the world as might easily be proved were it incident to the argument I have in hand doth lay forth all it's interest and jurisdiction in the preservation and maintenance of three things The just priviledges and preeminences of the Crowne of England The just rights of the Church of England And the just rights and liberties of the people of England The first is called by the Register of Writs Pririlegium Regis or Jus Regium The second is called Jus Ecclesiae or Jus Ecclepasiasticum The third is called Jus Populi or Libertates Angliae These three make up the whole body of the common Law a Law so peaceable for the keeping all these three in unity that for this very cause it is by the ancient Laws of this Realm stiled by the name of Peace Pax Dei in reference to the rights of the Church Pax Regis in reference to the rights of the King and Pax Regni in reference to the rights of the people I shall write only of the first and but of some part of that neither viz. concerning the endowments of the Church with Glebe and Tithes by occasion of divers late scandalous Pamphlets or rather Pasquils calling them Jewish Popish Antichristian c. scarce fit to be named lesse fit to be answered with any other answer then that of Seneca Solocontemptu respondere He that reproveth a scorner Pror 9. saith Solomon getteth himself a blot which falleth out especially where a man is to deal with the Vulgar more fitted to quarrell then to judge and much apter to wrangle then to resolve whose discourses when you shall have rak'd into thē to the very bottom you shall finde more slanders of truth then objections against it and scandals in stead of arguments And to strive with such kinde of men whose contention is more for victory then for truth the match is not equall which hath made me often to pity the lot of many learned men in these days who for their religious and painfull writings against Sectaries have received no other rewards of their labours then those that meddle with wasps And therefore I will at present answer all their erroneous papers concerning Tithes ostendendo veritatem by holding forth the truth to all that will see it the light whereof if it appear not to them it is because their mindes are either darkned through ignorance or obstinated with errour like those men who in a clear Sun-shine see no light because they are either naturally blinde or wilfully close their eyes Veritas saith the Philosopher est index sui obliqui I shall therefore in this short discourse handle only two things 1. That Tithes are justly and lawfully due to Ministers under the Gospel 2 That those Ministers have a just remedy in Law to recover them in all places and particularly in London For the opening and understanding of the first it would not be impertinent to handle four things 1. The originall of Tithes 2. By whom and to whom they ought to be paid 3. Out of what things they are to be paid And 4. By what right Tithes are due wherein there is a great controversie and a large dispute between the School-men the Canonists the Civilians and Casuists whether Tithes be due jure Divino or jure Canonice or jure Imperatorio or jure mixto But I intend a short discourse and not a volume All these things are handled at large in Summa Rosella and Summa Angelica in Azorius Navarra Rebuffus Linwood and others and therefore I shall passe them over all of them agreeing in this that Tithes are rightfully due to Church-men and the detension of them is no lesse crime then sacriledge I will only apply my self to shew by what right the endowment of Churches by Tithes and Glebe are due here in England a Nation that exceeds any in the world for liberality and bounty to Clergy-men which is an ancient and very proper name for Ministers of the Gospel ordained to that function as I shall shew anon For the clearing of which I shall lay down these grounds First That in all ages of the world as well in the time of the Gospel as in the time of the Law holy and devout men not out of superstition or blinde zeal but out of conscience and honour to Almighty God whom they served and in duty to him the supream Lord of their earthly substance as well as of their souls and bodies have ever given and bestowed upon him and his service as a free gift some part and portion of their goods and possessions And the first that in the book of God we finde to have offered in this kinde were two of the holiest men that ever trod upon Gods earth Abraham and Jacob the one the father of all the faithfull the other of all the twelve Tribes of Israel and that which they both pitcht upon in their gifts were Tithes For Abaham saith the Text gave to Melchisedech Priest of the high God Tithe of all Gen. 14.20 and Jacob in his journey to Haran vowed a vow to God that if he would be with him and blesse him in that journey Of all that thou shalt give said he Gen. 28.22 I will surely give the Tenth unto thee Whether these two Patriarks did this by instinct of nature the very Heathen according to Pliny in his Nat. hist lib. 12. doing the like or whether by a divine comparison they thought it not as fit a proportion to give to God a tenth of their goods as a seventh of their time or whether there being at that time no law written nor Prophet to instruct them they were not taught of God so to doe with whom they had familiarity by his frequent apparitions to them and as a proportion which he afterwards would require and command to be given to Levi one of their children and to his posterity out of which he chose the Priesthood I will not now dispute it After this they and their posterity built Altars and Tabernacles to God and Solomon built him a sumptuous Temple the glory of the world and the infinite riches that were given to these in Cedars Shittim wood marble brasse iron silver gold precious stones c. are invaluable In the time of the Gospel and at such time as the Church was in persecution as in the times of the Apostles all of them suffering martyrdome saith Dorotheus but John the Evangelist the first Christians sold all their possessions and gave the price of them to God laying them down at the Apostles feet Act. 4. And since the daies of persecution when the Church of God had rest and peace those most Christian Emperours Constantine and Theodosius what by the Churches and Temples they built and dedicated to God the large and liberal endowments of them with Glebe and Tithes the honour and respect they gave to Church-men the strict Lawes they made