Selected quad for the lemma: nature_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
nature_n	humane_a	law_n	positive_a	2,470	5	10.9031	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A20775	A discourse of the state ecclesiasticall of this kingdome, in relation to the civill Considered vnder three conclusions. With a digression discussing some ordinary exceptions against ecclesiasticall officers. By C.D.	Downing, Calubyte, 1606-1644.	1632 (1632)	STC 7156; ESTC S109839	68,091	106

authentique antiquitie I doe not in this confesse that they are not iure divino because I affirme not them to be due by the law of Moses that is no direct consequence vpon my proposition for not onely the judiciall law which was the commend and I beleeue in most points is still the counsaile of the most wise God especially in this particular where the ground of the command is morall doth proportion a tenth part as necessary then to be paid and though the same necessity binds vs not now yet the correspondencie of the conveniencie as I conceiue doth hold vs as strongly to it as it did that state For I see no inconvenience in tithes-paying in our state more then in theirs but onely they were brought home vnto Priests which onely exception Mr Cartwright makes against tithes Annot. i● Test 7. But I stand not onely vpon this but I am also partly perswaded that they were confirmed by Apostolicall approbation though it bee not in expresse words so set downe For though the Apostles did all preach the Gospell yet they did not all write neither did those that did write commit all to writing which they did teach 2 Thes for St Paul adviseth the Thessalonians to keepe the traditions they had beene taught either by word or epistle And therefore it is freely acknowledged by a famous Orthodox divine of our owne non omnia esse scripta in libris voteris novi Testamenti Whittak● Bellar. q● cap. 6. quae Apostoli aut docuerunt aut fecerunt sed fatemur Apostolos ritus consuetudines sanxisse non autem scripsisse hence it is probable that they might by consent confirme them because it was not onely a custome and a law then in force and they did not delight to innovate but vpon necessitie but also because we doe not finde one word of their abrogation or alteration Yea it seemes to mee that the author of the Epistle to the Hebrewes entitles the Ministers of the Gospell to them by a more particular right Heb. 7. as Bishop Andrewes calls it jure Benedictionis for it is not onely said that Abraham paid Melchizedeck tithes as hee was the highest Priest Benedixit tantùm v● vatus ex ●tione sed perior ex ●ritate but that hee received them and blessed him which implyes blessing to be the duty he performed for them And whatsoever wee hold of these tithes I assure my selfe the Primitiue Church did so conclude otherwise they would not with such a generall consent haue bound themselues to that meanes and portion of maintenance I speake of the Church in statu pacato it was otherwise with them I confesse in statu perturbato in persecution but not out of good choise but hard chance For obserue but from the first generall Councell of Nice not to reckon vpon Provincall Synods because they doe not bind our state but onely in point of doctrine and example peruse them till the last of the Lateraine and you shall finde they are plaine and peremptory And not onely in the acts which in some Councells are erroneous as in the second Councell of Nice being the seaventh generall there is a Cannon very particularly passed with a generall consent so in the Councell of Lateraine vnder Innocent the third Balsomon concil Nicen. secundo can 12. Concil Later 4. can 54. where it is particularly set downe that the English Ambassadors were present There is a Canon that runs thus Statuimus quòd solutio decimarum praecedat exactionem tributorum We haue nationall Councells also as at most Coronations of the Kings before the conquest and also immediately vpon the conquest and many generall Charters wherein tithes haue beene confirmed to the Clergy and that with solemne vowes and imprecations which dedication to God if there be no other divine right puts the detainers of them into Ananias and Saphira's case Acts 5. because that though while it was wholy with them it was their owne yet when it was thus seperated by their solemne vowes then sanctified by the solemne act of Bishops not onely ratifying the Founders vow but consecrating them with the Church to divine vses the nature property with the propriety was changed So that I will conclude from these premises that the positiue law by which tithes are due to the Clergie is not meerely humane but mixt and preternaturall because it binds men as they are members of the supernaturall society of the Church visible and because they haue bound themselues by it in divine considerations But yet they are enjoyed by the confirmation and constraining power of the Kings lawes And were it not for the lawes as they are an vndoubted due so they would be a perpetuall debt with many and that out of severall grounds some desiring to haue stipends in stead of tithes doe too willingly remit them for a sufficient stipend though it bee vncertaine especially to their successors But I hope this ground will never be generall as long as this Kingdome is a Monarchie for if it is a miserie of free Cities and Democracies Arist 〈◊〉 4. cap. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 yet I must needs confesse that at the first originall of Vicarages they had but stipends but it was vnjust Linwoo● cio Vica roch Vicarii stipendio sunt contenti which was but a permitting provinciall constitution Another meanes whereby the due payment of tithes is impeached is the customes of many places which are lawfull and laudable with these conditions if they were not the inventions of men but begotten by time and if they be as reasonable as ancient Cujaciu● pus Vlpi● 10. nam debent esse tàm necessariae continuatione quàm rectae in ortu and where the law is defectiue for customes against law are voyd by the Civill law if they bee not expresly confirmed by the supreame power With these conditions let customes be enjoyed L. Sacra Q. de leg But the next pretense is prescription against tithes once paid and that we may admit with his limitations as that it extend not to those things that cannot be alienate that are annexed to the Crowne Dier rep 31●1 or if it stand not contra statutum postea editum and be granted vpon a good custome and the person qualified to possesse the thing claimed for lawfull prescription cannot proceed without as lawfull possession The want of these lawfull limitations made the Councell of Laterane vnder Alexander the third condemne and controule the grand prescription of Clyentary tithes continued from Charles Martellus Duarenus nef l. 6. 〈◊〉 The taking away of which shirking shifts made many devise another which priviledge is either of societies or persons granting immunities from payment of tithes which pretense of all others as far as I vnderstand cannot bee made good by the most favourable forced interpretation that may be for they are void and nullified according to all the restraining Provisoes that bound a priviledge For