Selected quad for the lemma: nation_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
nation_n	england_n	law_n	statute_n	1,497	5	9.0809	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A81046	Tythes no property to, nor lawful maintenance for a powerful Gospel-preaching ministry. Or A compulsory maintenance for Christs ministers is contrary to Christs doctrine and example of his apostles and the example of the faithful ministers of Christ, and famous reformers in all ages, as VVickliffe, Hus, and divers others, with an old prophecy written by Iohn Hus, as it is recorded by Fox in his Acts and monuments, commonly called the Book of martyrs. With a discovery of the marks of the false prophets and ministers in all ages (as they are found recorded in the ecclesiastical history) since the apostles days to this very time agreeing with the Scriptures of truth both of the Old and New Testament. Written by a lover of the souls of all men, Iohn Crook.	Crook, John, 1617-1699.; Hus, Jan, 1369?-1415.	1659 (1659)	Wing C7214bA; ESTC R29665	16,933	16

for the just laws of a Nation are their walls to their Cities and bars to their gates and by them the land of every man is inclosed from other though it lie in open field and if a man do trespass therein the Writ shall be quare clausum fregit as saith the law and every law of the Nation must be consonant to the law of God and therefore saith the law book The laws of Princes the commandements of Prelates the Statutes of Commonalties ne yet the Ordinance of the Church Dr. Stud. cap. 4º p. 7. 8. is not righteous nor obligatory except it be consonant to the law of God and by such a law of man as is consonant to the law of God it appeareth who hath right to lands and goods and who not for whatsoever a man hath by such laws of the Nation he hath righteously and whatsoever a man hath against such laws is unrighteously had these be the very words of the law and also by the Statute law of this Nation it appears That no man of what estate degree or condition soever he be Stat made by King Lords and Commons hath power to dispence with Gods laws as all the Clergy of this Realm and most part of all the Vniversities of Christendom and we also do affirm and think these be the very words of the Statute of 28 Hen 8. 7. ch Therefore seeing that every law of man must be consonant to the law of God or else it is no law and that every custome that is accounted as a law must be reasonable and every law of man must be equal and just according to the law of God as the law it self saith as before is mentioned and no man can have a property but by defcent purchase or gift the law it self not creating a property but onely conserving to every man his just right and interest as above said and those laws for Tything made in the time both of Hen. 8. Edw. the 6. there being no law before made by Parliaments onely the Statute of Ric. 2.15 6. confirmed by Hen. the 4. by which it appears that Tythes were but a free gift or alms and therefore special care is taken that a convenient portion of the Tythes be set out for a maintenance for the poor of the Parish as by that Statute appears though made in the midnight of Popery not wholly forgetting the end for which they were given under the law that there might be no begger in Israel And were it not righteous and just that those who have robbed the poor of that which was their due by law should themselves be made poor and have that taken from them which they have so long robbed others of contrary to Law I say the Statute made in Hen. 8. and Edw. the 6. time did not create aright but onely confirm what was then in that night of Popery presumed and supposed to be aright upon grounds which now appears to be false viz as belonging to God and holy Church and were then called in the Stat. of Hen. 8. spiritual gifts and Impropriate Tythes that were sold after the dissolution are said now to be made temporal and not before and neither these nor any other laws ever gave any man a right or property in or to Tythes but onely through the blindness and superstition of those Popish times supposed a right upon a spiritual ground as aforesaid and so gave power to Ecclesiastical Courts to sue for them which before they could not do but onely excommunicate for non payment but by those Statutes they might sue in Ecclesiastical Courts but not else where as the Statute of Edw. the 6. saith upon which Statute they bring their Action for treble damages which Statute it self restrains the trial of Tythes to Ecclesiastical Courts and not elsewhere and for Judges to make laws or to interpret the laws contrary to the words of the law is a presumption not much unlike that which Israel of old in difficult cases was to beware of and not to be hasty in Deut. 17.12 but to do according to the sentence of the law from which they were not to decline either to the right hand or the left upon pain of death for if the law that is just be declined and left to mans will is not the maxim of the law made good Misera servitus est ubi jus est vagum aut incognitum that is a miserable bondage where the law is left to the will of the Judge and in this case where the Statute restrains it what Judge may go further and to say where a penalty is appointed and no way mentioned for the recovering of it that then it shall be taken for granted that the Courts at Westminster are intended is in this case to make the law intend against it self for the law is called approved reason and to suppose that the treble damages are recoverable at common law when the principle it self for the non payment of which the treble damages are due is not yet proved a debt nor is not recoverable but in the spiritual Courts is as much as if a man should say that I promised to pay him ten pounds upon the first of May last and if it were not paid I would give him thirty pounds and he should be admitted to sue for the thirty pounds penalty for the non payment of the ten pounds and yet may not sue for the said ten pounds to prove that promised and not paid accordingly or to try the accessary before the principal when as if no fact was committed no man for being accessary could be punished and therefore before Tythes be proved in the Ecclesiastical Courts to be substracted or withheld or not set out no damages for not setting out can justly and legally be recovered and for any man to take away my corn and hay c. without my consent or recovered in manner aforesaid differs nothing from him that pretends a debt and without any further proceedings comes and takes away my goods by force and against my will but some do say Justices of Peace have power to make a judgement in the case many doth that by power which they cannot do by law but Justices are onely authorized by an Ordinance of Parliament and if the preamble of this Ordinance may be called clavis legis as preambles to laws are called then their power is at an end because they were but intrusted by reason of the exegencies of war Courts of justice being obstructed and if the Justices of Peace or their Clerks or kindred were not some way gainers by it they need not now act upon that Ordinance the reason of that temporary law being taken away viz. obstructions of Courts of Justice the law it self ceaseth if this maxim in the law be true viz. That the reason of the law is the law it self and especially if Cook say true viz. That an Ordinance bindeth not in succession besides that

TYTHES No Property to nor lawful maintenance for a Powerful Gospel-preaching Ministry OR A Compulsory Maintenance for Christs Ministers is contrary to Christs Doctrine and example of his Apostles and the example of the faithful Ministers of Christ and famous Reformers in all ages as VVickliffe Hus and divers others with an old Prophecy written by Iohn Hus as it is recorded by Fox in his Acts and Monuments commonly called the Book of Martyrs With a DISCOVERY Of the marks of the False Prophets and Ministers In all Ages as they are found recorded in the Ecclesiastical History since the Apostles days to this very time agreeing with the Scriptures of truth both of the Old and New Testament Written by a lover of the souls of all men Iohn Crook 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Quinon habet vitam Christi Christum non habet They are the children of Abraham that does the works of Abraham So they are the children of the Martyrs that follow their steps and not they who are crying them up with their tongues and maintaining and taking of Tythes and other abominations with their practices which the Martyres and holy men witnessed against and some have lost their lives for London Printed for Thomas Simmons at the Bull and Mouth near Aldersgate 1659. THE PREFACE BVY the truth and sell it not was the saying of the wisest of men and is the voice and endeavour of all the children of Wisdom who know the price thereof to be beyond Rubies and the enjoyment thereof to be more precious then fine gold and the purchasing thereof to be worth the selling of all that it may be possessed for in it is riches and honour and by it comes the pearl of great price to be known And who makes all truly rich truly wise and truly free that comes to the knowledge of it but this is the Mystery of it It is not purchased without the selling of all nor cannot be enjoyed but by those who are poor in Spirit and yet nothing more free gift then that nor nothing more truly bought without money and without price then it and the knowledge of this Mystery is as free in its revealing as this truth is in its appearing in and to the sons and daughters of men many have taken pains to find it but it hath been hid from the eyes of all living and concealed from the wise and prudent who have talked of the fame thereof but because of the dearness of the rate have been offended at it so have never come to the enjoyment of the thing it self but have satisfied themselves with dead Pictures and likenesses framed in the Chambers of their Imagery which Idolatry is more dangerous then theirs who fall down to an Image made of wood and stone and when the beauty of truth it self so appears that it out-shines their Image then they either oppose it with open opposition or else will not receive it because it appears with its visage marred more then any of the likenesses that hath yet shewed themselves and exp seth the livers of it to the worlds scornes to professors rage and to great mens and Rulers disdain and hatred and because it appears to the staining of their glory and pride they do now not much un-like the Senate of Rome of old when Tyberius made Relation to them of Christ and his Miracles who are said to reject them for no other cause but because they did not first approve the same And further Tertullian a man well experienced in the Roman Laws in his Apologie for the Christians in his 5. Chapt. saith by interpretation thus That it was an antient decree that no god should be consecrated by the Emperour unless it were first agreed unto by the Senate who saith on the behalf of the Christians That the Deity is weighed amongst you after mans will and judgement unless that God please man he is not made God so that by this decree man must be gracious and favourable to God Not much unlike to this constitution of mind have many grave Senators appeared in these dayes who could willingly have contributed to the putting down Tithes if the great men could bear it the Priests be pleased to have it so and the Parliament account it no disgrace to move against them nor the Lawyers be angry for impairing their trade but such it is to be feared loves the praise of men more then the praise of God and while they please men are not the servants of Christ but where is these mens faith and what is become of their experiences cannot be that hath delivered from the oppressive Court of Wards and from the arbitrary Star-Chamber Court from the hands of the late King from the power of the Bishops and from others also who have said as Absalom once did to palliate his design Oh that all men would come to me and I will do them Justice and take away oppressions deliver out of the hands of this Philistiue the Tithes also yea verily the Lord will deliver his people from this intolerable yoke of bondage and if those in present power do not do it deliverance shall come another way for the Lord God is appearing in power and great glory to deliver his oppressed seed and to take away the abominations from the midst of the Nations the longer any have continued the more need there is to hasten the removing of them and whereas there is a cry among people that to take away Tithes is to destroy property c. Therefore have I written this following discourse that all sober-minded people may understand how that both by the Law of God the Common and Statute Law of this Nation also together with several Presidents of the Martyrs and others who in the darkest times of Popery Witnessed against Tithes and all kind of computsory maintenance what soever for preaching alwayes esteeming Tithes to be but a meer Almes as by their own words at large may appear which I have set down as I find them recorded in the Book of Martyrs for the satisfaction of those who desire to know the truth and to be made free by it Tythes no property to nor lawful maintenance for a Gospel powerful preaching Ministry c. PRoperty is that which a man hath a just right to and interest in without injury to another and is derived to him either by descent purchase or gift and not by custom onely for that gives no man a title or property that had it not rightly confirmed upon him as aforesaid for although oustome to places and some things are accounted as law yet always with this limitation such customes as are good and reasonable for saith Cook Custome ought to be reasonable Cook 6. book of Reports excerta causa rationabili usitata c. neither doth the law of England create or make any man a title or property that had none before but only conserves and maintains every mans just property and equal right