Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	case_n	pay_v	tithe_n	1,784	5	10.3560	5	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

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

the fruits of the earth were called Gods portion so are the Tithes paid to Church-men under the Gospel frequently called Gods portion or patrimonium Ecclesiae 2. The second reason why Tithes were paid to the Levites was for their work and continuall attendance at his Altar for they were either praying or sacrificing or preparing for the sacrifice all the day long and therefore they were not to be troubled with plowing and sowing and other labours that should hinder them from the Sanctuary And doth not the same reason hold for Ministers under the Gospel are they not in the work of the Ministery to be instant in season and out of season The ancient Fathers in the Primitive times I will not say it is so now were either praying or preaching or writing or studying all the dayes of their lives and medled not with secular businesses And this is the reason why by the Statute of 21 Hen. 8. chap. 13. Ministers are not to take Lands to farm under the pain of ten Pounds a Moneth that they might not be distracted in their Ministeriall function in preaching and teaching Gods Word as it is exprest in that Statute and this is the cause why the maintenance by Tithes was provided for them as having the least distraction in it A man may take Tithes as the English proverb is in his shirt The meaning is there is no plowing nor sowing nor mowing in the gathering up of Tithes nor any such toylsom labour as to wear out his old cloaths nor at such a time of the year as to put him to the charge to buy new 3. The third reason is in respect of their wages as their persons were to be holy so their wages were to be just The hire of a whore and the price of a dog was not to be brought into the house of the Lord Deut. 23. If the payments had been made to them or to Ministers now in summes of money they might have been the wages of bribery extortion and oppression But their wages were to arise out of the innocent and harmles fruits of the earth whose naturall productions are not guilty of any manner of bribery or corruption 4. My fourth and last ground is this Admitting there were no Law of nature to warrant that duty of giving part of our goods and possessions to God and his Church nor no ground in Scripture to warrant that Law yet when such things are by solemne and deliberate Acts of men and sometimes by instruments under their hands and seals given to God they remain the proper possession of God to the worlds end and cannot be alienated nor taken away from that pious use to which they were given if they be God accounts it as a robbery done to him When things are given to God and his service the property of those things are in God and so he accounts of them When Solomon built him a Temple and dedicated it to his worship God calls it his My house saith he shall be called the house of prayer And as God thus accounts of the things given to him so was it the intent and meaning of all those that honoured him with these gifts to invest him with the whole property and interest of them In which respect the stile of ancient Graunts and Charters runne according to that of Mag. Charta cap. 1. We have given to God for us and our heirs c. We know saith Charles the great Cap. Car. lib. 6. that the goods of the Church are the sacred indowments of God To the Lord our God we offer and dedicate whatsoever we deliver to his Church And the taking away of such things from the use they were given hath been in all ages and by all Lawes accounted Sacriledge And so was the Law of Nations as appears by that Law of the 12. Tables Sacrum sacrove commendatum qui d●mpserit rapseritve paricida esto He that shall take away any sacred thing or that is given to a sacred use let him be accounted a Parricide And we know that Annanias and Saphirah were for this cause smitten with death and the reason was given because that after they had given the ownership to God the price of their Lands was not their own And who ever shall but read the solemn execrations used in those ancient Charters of Church-endowments against those that shall alienate them to other uses a man would wonder how any man durst presume to fetch but a stick from that Altar to kindle his own fire lest it should utterly waste and consume his habitation for ever We may observe by daily experience in the ordinary cases of Charitable uses upon the Statute of 43 Eliz. cap. 4. When Lands or goods are given by men for the mending of a High-way or the repairing of a Bridge if the Trustees for this charitable use shall turn this gift to their own private profit it is in Law a misimployment contrary to the intention of the donour for which they forfeit their trust and other men shall by the Commissioners be put in their rooms and their estates shall be answerable for that misimployment Nay if they bestow this gift upon a more pious use as the repair of a Church the maintenance of a Preacher c. yet this is a misimployment because it was not according to the minde of the donour whose intention is in this case of such esteem in Law that all Decrees made by Commissioners upon that Statute if they be against the apparant intention of the donour are void whose intention is so respected in Law that rather then it shall not be performed the fundamentall rules of Law shall not be observed as to give one example in stead of many By the rule of Law Copy hold Land cannot be aliend but by surrender but yet if a man devise Land not formerly surrendred to a charitable use 15 Iac. Rivers Case in Cane yet this is good and shall be construed an appointment to a Charitable use within the Statute of 4 Eliz. though by the rules of Law it could not passe without surrender How much more is the Law of England carefull to preserve the endowments of the Church given to the highest uses wherein the founders are so carefull to preserve them in the continuance of those uses that you shall commonly finde in the end of their Charters of grant words to this effect If any shall take away or apply to any other use that which I have here given let him be Anathema and let his account be without mercy at the dreadfull day of judgement when he shall receive his doom from the Judge of Heaven and earth to whom I dedicate the same And thus have I done with my Grounds in all which as likewise throughout my whole discourse I desire to be only understood concerning Tithes and Glebe being the only subject matter of this Treatise and the only things now opposed by those Pamphlets These four grounds being laid it will

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

now be no difficult matter to prove the first head I laid down viz. That Tythes are justly and lawfully due to Ministers under the Gospel First They are due to them by the Law of the Gospel that Law which the Apostle Paul calls the Ordinance of God in these words 1 Cor. 9.14 Even so hath the Lord ordeigned that those which preach the Gospel should live of the Gospel The reason of this Law is rendred in the verse next before Do ye not know saith he that those which minister about holy things live of the things of the Temple and they which wait at the Altar are partakers with the Altar Even so hath the Lord ordeigned that those which preach the Gospel should live of the Gospel So that the Law of Moses and the Law of the Gospel agree both in this that the Ministers of the Gospel are to have as due to them a proportionable maintenance with the Levites and Priests under the Law The Levites that ministred about holy things they were to have of the Tithes belonging to the Temple but were no offering of the Altar The Priests that attended at the Altar were to have as their due from the people for so is the Law Deut. 18.3 of every sacrifice offered on the Altar whether Oxe or sheep the shoulder the two cheeks and the maw even so the Ministers of the Gospel are to have from the people as their due not as an alms the Gospel maintenance that is those endowments of the Church being for the most part Tithes and Glebe given by Christians to God and his Church for the propagation of the Gospel And the equity and justice of this Law the same Apostle confirms by many more reasons in the six next precedent verses First From the Law of Warre Who goeth to warfare saith he at his own charge Secondly From the Law of nature Who feedeth a flock saith he and eateth not of the milke Who planteth a vineyard and eateth not of the fruit Thirdly From the Law of God ver 8 9. Say I these things as a man saith not the Law the same also For it is written in the Law of Moses Thou shall not muzzle the mouth of the Oxe that treadeth out the corne And from all these infers this conclusion ver 11. If we have sown unto you spirituall things is it a great thing that we shall reap your carnall things The later end of these words of the Apostle Those that preach the Gospel shall live of the Gospel are in the Originall 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and have this sence in the judgement of very learned Interpreters viz. Those that preach the Gospel shall live of the gift or reward of the Gospel for which they give two reasons First These words are an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 next before and have this sence that as those which wait at the Altar shall partake of the gift of the Altar so they that preach the glad tydings of the Gospel shall live or the gift or reward due for those glad tydings Secondly The true and proper signification of the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 will bear it for though in the New Testament it commonly signifies glad tydings yet in many other Greek Authours it signifies a gift or reward for good tydings That text of the 2 Sam. 4.10 as it is rendred in Greek by the Septuagint leaves no place for contradiction where King David speaks thus to Rechab and Baanah who brought Ishbosheths head unto him When one told me saith he Behold Saul is dead thinking to bring me good tydings I took hold of him and slew him in Ziglag who thought I would have given him a reward for his tydings for these words I would have given him a reward for his tydings the Greek is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cui oportuit me dedisse euangelium The vulgar latino renders it mercedem pro nuntio The Chaldee Paraphrast Donum boni nuntij the reward of good tydings Many more Authours might be quoted where that word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or glad tydings is taken for a gift or reward of them which for brevities sake I shall omit Secondly Tithes are due by the Law of Reason from which law the Imperiall lawes which are very severe in the enjoyning the payment of Tithes derive their principles to which law of Reason most Nations in the world Pagan as well as Christian have consented in the payment of Tithes to men employed about the administration of holy things Especially Christian Nations as might abundantly be shewed It is true that within this last hundred years some few Reformed Churches have taken away from the Clergy their ancient endowments of Tithes and Glebe to their own use and have allowed them in liew rhereof certain yearly stipends not answerable to the huge fleeces they took from them as may appear in divers Countrey dorpes or villages in Germany the Palatinate and else where by which means the Ministers in those places are become very ignorant and poor and that ignorance occasioned by their poverty in wanting money to buy them books and their preaching as well as their persons despised A contemptible maintenance making a contemptible Ministery This calamity learned Gualter saw and lamented in his time complaining that not onely Papists but such Qui Religionis sectatores videri volunt tamen opes ecclesiasticas sacrilega manu ad se rapiunt even such saith he as would seem to be professors of true Reformed Religion yet do with sacrilegeous hands take the Church-goods to themselves Whence he foretells that it will come to passe ut Scholae frigeant doctissimi quique dilabantur That the Schools will every where be neglected and learned men utterly decay Whereas here in England by means of better maintenance of the Church allowed to Ministers as their own and not dependant on the people agreeing to that law of reason I spake of their persons are more esteemed and loved their preaching more learned laborious and effectuall and the Word of God more graciously and fruitfully received then in any Nation in the World Thirdly Tithes are due by the Positive Laws of the Land and have been due to Church-men ever since Christianity was planted in England These positive Laws derive as much from the Law of Reason as any Laws in the world insomuch that it is a maxime in the Law concerning Tythes that they are due of Common Right de Communi Jure and that therefore a prescription de non decimando to pay no manner of Tithes is against Common Right or Common Reason and therefore void This Law concerning Tithes is likewise established and confirmed by many Acts of Parliament of which I will only name six The Statute of 13 Ed. 1. called Circumspectè agetis The Statute of 9 Ed. 2. called Articuli Cleri The Statute of 27 Hen. 8. c. 20.32 Hen. 8. c. 7. 2 Ed. 6. c. 13. and the Statute of 37