have been part of it As there is none the old is of force and in all its power beside the Statute and that again by Statute Neither had the thing onely consideration in Books we finde regard given to it in the Acts of Men and the World busied not to say very much troubled about the Wealth that came in by them The great and vexed Controversie in Oxford in Henry 6. time about Fr. Russell and his Doctrine which took up the learned Disputes of the University there and smoother Consultations also of the Convocation at London and after was transmitted to Rome and there not ended was onely about the necessary and fit Receiver of personal Tythes while he maintained it seems to his own advantage and against the Secular Priests that they might be given as well to the poor as the Church as we say to the Monk as to the Priest and then he stood ready as a Mendicant as the Priest for his Parish They on the contrary to the Church onely and so He and His were excluded The determinations it seems settled the major part against him and he for his errour was injoyned to recant publickly at Pauls Crosse lesse then the performance whereof would not serve the turn and all the Pulpits in England commanded to ring of what an Heresie Fr. W. Russell had maintained indeed against the Pulpits about personal Tythes now to be cried down by all opportunity and the utmost of possibility The Particulars I finde 1 By Mr. Selden in his History of Tythes cap. 7. Sect 5. related at large the use I make of them is onely this that These things Have been of Real consideration not an empty Book Order but such as had influence upon things and produced visible effect the Consultations of Men having been taken up about the disposall of the seen fruit of them much busying yea not a little troubling the World for long since and so long together and so no doubt things stood to Edward 6. time and so he found and left them Whereupon and that ancient rooted Right spreading likely further as might be found by further inquiry if it were also needful he settled his new vote and order of confirmation as it were What to make personal tythes due to give them life and raise them to being Nothing less to revive and quicken the Law that dull men that were to pay and had wont might be rouzed up to a ready and obedient performance of that which was their ancient known duty to awaken justice and force backward men to bring in their publick tribute which though for Gods service their worldliness had rather perhaps were left out or let alone Due they were before This vote of publick power onely cleared the channel that the in-come might be it self and come in fresh and free without impediment for which His words and Act reach we see fully his meaning By occasion of which clause of such import thus much Thus much of Personal Tythes And thus much also for that last binding Act of State both for personal and predial in 2 3 Edw. 6. Behither which is little but the implying Petition of Right in the grant of All mens without doubt meaning These That other was the last clear full expresse purposed and direct binding order Not yet of no force Even for it self though the chief strength beside the Legislative power of the Land here drawn into Act is in abroad and before The Root that supports and cherishes most powerfully both predial and personal still laying farther in the Right created by ancient Constitutions deeper then possibly can be thought by any new declaration For we shall seldome meet with a tree that planted the last year hath attained much strength It must have time to root and settle before it can be able to endure the shock of a tempest or make good its being against any forceable opposition So the best and usefullest Constitutions of State are those experienced firm ones that have lived summered and wintered with us as we say and given approbation of their agreeing with the soil by having safely endured there all influences Settling and gathering strength as it uses to be and Must by degrees and in and with time clasping in fast to be made one co-incorporate with the soil of a Re-publick Rash decrees use to be as soon revoked almost as made bespeaking little but uncertainty at first both to themselves and all things and persons that they are conversant about Blessed are the days when the Aged decree Judgement the ancient and experienced good Laws I mean are made the sure and constant rule of Righteousness And even this Humane Ordinance hath so much in it of Divine that it partakes of toward his nature who is Constancy and Immutability CHAP. XXVII BUt to go on to the mentioned Petition of Right a great and bright star shining hithermost and very clear in the firmament of our Law whose allowance vulgar apprehensions still gaze at for the great and onely stabiliment of all as indeed an excellent and needfull stay it then was when it was of the subjects tottering property But to look upon it as the onely bank and bulwark against tyranical invasion both the settler of Right and Giver the knowing know there is more then twice ten times as much dispersed abroad though in latebris to plain English Readers as this Nor could the supream power without breach of trust and transgression of duty have before and so it may still invade the peoples Right or without injury have then and so it may yet do injustice and unrighteousness A Bond this was upon the former Covenant a new lock added to the former bolts and bars to keep out invasion from above from protectours now explicitly purposely newly and afresh confirming to all their old Rights no more And say which The Merchants right the Gentlemans Right the Noblemans the Free-holders and why not also the poor Scholars too the Church-mans too whose work is Church-work and his Trade and Calling publick holy heavenly duty that so having his Due he may the better do his Duty having his Right people may the better look for Theirs and having his property to live on his Living secured him in peace and with assurance he may now 1 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That ye may wait on and stick close to the Lord 1 Cor. 7. 35 serve His Lord above Alone and having nought of this vile yet necessary world to interrupt and stop his course he may now wait upon Him 2 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Not whiâ—led and turned hither and thither as men â—se that are distracted with cares how to live for violent are the pullings of flesh bloud to preserve it self and self-loving nature will look about before it yeeld to be suppressed or choaked But that ye may attend this Thing alone and serve your now onely Master without avocation ibâ—d without distraction The rather considering
separate from the Nine But it seems somewhat farther was aimed at and meant or implyed which was the cause why these things were parted and the face of things seems to represent that there was an apprehension and supposition that it was because they were thought to draw near the things of God and were as far as any toward Beyond this world and Therefore they were sorted with a scene accordingly and had their trail and discussion where the things of Religion and Christianity were inquirable onely sc in the Court-Christian Farther by onely which kinde of Supposition the crime can be aggravated of taking them away to that heighth it commonly is and men for purloining be accounted in the number of more then unjust Impious and Sacrilegious For it seems at least unto me that it is not so much the violation of any Command or Law humane or Divine from earth or above heaven if it were possible can denominate and specifie this sin if that Law were as plain as another Divine Command Thou shalt not commit Adultery Thou shalt not Steal But something else and growing in the Nature of the sinne below that must advance the crime so high as to change kinde and become of Wrong and Injustice Impiety and Sacriledge To rob Heaven must offer violation to Heaven and that be more then to offend in transgressing a Law of Heaven For the Morall Commandements above come thence and are in force for us and yet No one says Adultery or Theft are Sacriledges Sins they are but that their full latitude the Divine Precept does not new specifie the nature of the offence These or Any So heretofore when Jus divinum undoubted had bounded every ones own The tribes at least if not the families were parted by sure and immediate Commission from Heaven yet the unjust invasion of any part even then was not counted I believe more then Unjust 1 Qui rapit pecuniam proximi sui iniquitatem operatur qui autem pecuniam vel Res Ecclesiae abstulerit Sacrilegium facit Cau. 17. qu. 4. c. 18. Wrong or Injury when any part of the second Table was broken whereunto yet the seal of Divine Authority had been affixed in every part No more Even so here to raise this aggravation and cause this change by new specification of the nature of this sin from Theft to Sacriledge seems not to me so properly to grow from any authority of any sort of power and command above as here below from 2 Porrò à sacris fures Eorum vel violatores propriè sacrilegi dicti Pet. Gregor Tholos Syntagom lib 33 cap. 14. sect 8. something in the very heart and nature of the offence which makes it 3 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Rom. 2. 22. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a Sacred Spoliation not from the Law but from the Thing when either Sacrum de Sacro or Sacrum de non Sacro or non Sacrū de Sacro is taken still hovering Here below and as the 4 Zouch descript Iur. Eccles par 2. sect 8. Pet. Gregor 1. Tholos ubi supra Lawyer speaks through whose spectacles we are like to see clearest in this case And accordingly the 1 Cujacius in parat ad legem Iul. Peculatus Civilian defined it Sacrilegium est furtum Rei aut pecuniae Sacrae ex loco vel religiosae ex religioso and they are Sacrilegious who 2 Tit. eod L. 9. sect 1. Qui publica Sacra compilavêrunt that have medled with somewhat Sacred still relating to the Thing from the Command And the word also imports that way for 3 Apud Ioan. Calvin Lexie Iur. pa. 824. Sublegere is Furari says Servius unde Sacrilegus dicitur qui Sacra legit id est furatur so Another Still dwelling below and conversant about That Is Not Who says as we do not read that Ananias and Sapphira had any order at all to bring or sinned against any Prohibition in revoking and yet with Achan they usually march transgressing in what had come under divine precept no way in the head of the Sacrilegious We have no strict Command for a Chalice or diverse other Utensils of the Church nor the Church it self yet few I believe will allow but transgressions aggravated by being conversant about these Things are worse then others and of 4 Locus facit ut idem vel furtum vel Sacrilegium sit capite luendum Claudianus li. 48. Digest tit 19. L. 16. sect 4. extraordinary Guilt in this world and they are Things I promised not to meddle with any Theological Discourse Nor do I here but as it has dependance of and derivation from yea necessary complication with what was Civil Our such Laws say That Tythes are Given to God which I say does well infer their surreption sacriledge as on the contrary they that say 't is sacriledge to take them give argument they think they belong to God Forasmuch as not so much Gods Command or Divine Right for dueness makes this sin as something in below with the Act it self and indeed Correlatively they infer or remove one another for if a thing be bequeathed to Gods hand as the Law says plainly here it cannot but be sacriledge Sacra legere to take them Holy from him as on the contrary if it be sacriledge to take them They that say so must first imply and suppose they were made over and given to God I have in the prosequution of this point omitted what Epithites or Paraphrasing Descriptions I finde of them given abroad where they are styled Res Dominicae Dominica substantia Patrimonium Christi Dos sponsae Christi Dei census and the like all which must needs advance them high and joyn them near in with better then meer worldly things In usum pietatis concessae as is properly said in the 1 Caus 16. qu 7. ca 1. Canon Or Decimas Deo dari omnino non negligatur quas Deus sibi dari constituit quia timendum est ut quisquis Deo debitum suum abstrahit ne fortè Deus per peccatum suum auferat ei necessaria sua as in the 2 Cited by M. Selden Hist ca. 6. sect 6. Councel of Mentz But these are without the Circle of our Own to which I promised to confine my self Much less may I take scope to look abroad into the profane world for their Oblations even of Tythes and to God to whom they vowed and thought they payed As Agis in Xenophon and Agesilaus in the same who both brought their Tythe to Delphos to their god and offered it him which 3 Agis Delphos profectus est ac decimam Deo obtulit Xenoph. ac rursum Hostium verò ita fruitus agro est ut duobus annis centum talenta ampliùs Deo apud Delphos decimam dedicaret Id vid. Baron ad an Christi 57 sect 74. tom 1. col 607. Baronius having remembred and many more concludes with At verò non immorabor
extraordinary of those other who in private condition Dare venture to tamper with the Foundation of all Distances medling with that in Politicks does as much as the grace of God in Religion making one Man to differ froÌ„ another in wheresoever he does differ 1 Cor. 4 7 For what hast thou thou hast not received hereby 1 Tim. 6. 17. and that gives us all things plentifully and ichly sol ely only to enjoy But now some one May say These are but Logical Arguments humane Reasonings fallible and liable to Mistake Whereunto I answer as readily assuredly Even so and there is no doubt of it None so far out of the way as he that thinks he cannot err and incurably too for as much as this perswasioâ— in his minde is as bad as poyson in his soul hindring all possibility of healing his errour If then replied what farther probability It is not so here and This is right Have Others thought the same Hath any thing been done accordingly How have the fruit of such perswasions or Actions been exhibited in view and in things existent I answer Well enough And this leads inquiry into two things yet behinde fitly and to this place reserved and they are 1. What the Lawyers have given in as their Opinion upon the former or like Grounds 2. And what has been Dâ—ne What the one have thought and has been the fruit of the other seen in the World And first Ask the learned in their profession It uses to be so and prudence thinks it has had especiall work in such obeyed directions To the Physitian in doubt of a disease To the Artificer in a point of skill To the Divine in a Case of Conscience To the Husbandman or Artist in that their callings or conversations fit them to direct about Every one of these is wise in his work as the wise man says and we use to rely on the Practised and Experienced Go then to the Student Ask the Counsellor Move the Judge Apply to a whole Jury of Judges or the Corporation of Learned Men dispersed through the Land There is never a one will set his hand or his thought to the Contrary or deny it to This That Tythes are as due to their due Receivers as any thing else to whomsoever it is due He cannot go against his own light He must know This and he ought and will subscribe and do accordingly 'T were strange to finde one of a Kinde singular from all the rest He were a Monster of his profession that had the protuberation of a strange opinion excessive and swelling out of his bosome different from all other of his sort And as such they would look upon him at Westminster that should peep out into the world with this new discovery that Tythes are any longer Alms or a Voluntary Benevolence for the support of Christian truth not Duty and a Due by strict retributive Justice Have they not councelled Have they not practised Have they not judged Do they not Judge and still commit sentence to execution accordingly And manage the whole series of their most honourable studies and imployments Still as upon such a Supposition Unwilling men have not Given but Paid Could they ever relieve them They have complained Their goods upon this pretence have been taken from them Where was their remedy Their Neighbour Bench had Ordered Appointed Given It should be so Whence any Comfort Nay They the Secular Courts themselves have assisted For if the Consistory appointed and the convicted denyed to pay The sentence of Excommunication was Orderly and Leisurely but Certainly backed with the Writ De Excommunicato Capiendo to take him that refused as a Rebellious Son of the Church into safe Custody of the State as contumacious and refractory to allowed orders Ridley View of the Laws par 3. chap. 2. sect 2 3 5 6. and No relief but still and more assistance and farther prosequution by whatsoever Ployden and Littleton could do that one sword might help another Nay themselves have interposed some say Too far the Statute never meant it at the first instance and drave on the Statute of treble damages for Justice to Execution in their Court And were they not Just even when they were Judging as the King Ahashuerus desired the Queen should be Vashti according to Law Esth 1. 15. But to instance in some particulars Of which those that offer themselves are too many therefore I content to take up my self with a few Beginning with that right worshipfull and learned Benefactor even to the Learning of an University the most deserving of Religion Vertue Learning and all Goodness Sir Henry Spelman He was not indeed a Lawyer but More Himself bewails the mis-guiding of his tender years 1 In praefat ad Glossar pa. 1. and in his Treatise of Tythes pa. 161. too soon out of the direct way to graduated and professing in that most excellent knowledge But he that shall heed the demonstration he gives the world of his Sufficiency in those Noble Studies by his Glossary and sundry other exact pieces extant will be forced to confess him above even measure for a Professour and not unworthy to teach some Masters As having digged down to the foundation of our Fundamentals and not unworthy to sit in the highest Chair of the Learned Now he tells us in one piece as I remember for I have not the Book by me that although Tythes and other Rights of the Clergy had not been primarily due unto God by the immediate rule of his Word yet Are they Now His and separate from us by the voluntary gift and dedication of our ancient Kings and Predecessours and who shall violate the will of the dead whose impiety shall dare alter change invert divert the streams of their pious bounty and heavenly inspired charity out of those channels their wills set them in to move toward and end in the advancement of Gods glory If it be but a Mans Testament Gal. 3. 15. saith Saint Paul who disannulleth or addeth thereto being once confirmed and shall not religious indowments be yet more safe and from violation being Given Legacies and having all possible humane confirmation And in a Treatise published since his death he is yet more express T is fully and solely of the Right of Tythes and taking the subject at large He begins That God will have a part not onely of our Time but Goods That Christ released not Levi's part in them That there is something in nature for That duenesse and proportion That they are due by the Ecclesiastical Laws of Councels by the imprinted Laws of Nature by the written Laws of God by the received Ordinances of Nations and lastly screwing it up to the equall heighth of our proposition to a syllable That they are due with us by the Law of our Land Chap. 27. pa. 111 c. By what Law the very Secular Temporal All-ruling All-giving which settles all men in their possessions
to the Powers that were But that he should take the matter into his own hands to formalize properties or erect or give order for any set Courts to order or dispose of them This I believe will never be made good from any thing He or his Apostles did or 't is said that they either effected or intended or gave any necessary command for any such thing or so much as that Partitions or Proprieties must be from any leaf or line of the Old and New Testament They may be as shall be said next and these do not contradict but confirm but that they should and ought this is not shewed Wee see then as to the first Propsiotion that Propriety is not necessary nor was it natural The Canon Civil and Common Laws found all left in a Community some simple Nations continue so still the first Christians began in a level The Essenes held it up long with great applause nor is any thing in Scripture found in prohibition of continuance if we had but gracious humility and true love to make us capable of so great a happiness But yet then we are in a wildernesse And what must we needs stay there Nature indeed made not commanded not partitions nor God the revelation of whose will is wholly spent at utmost in toleration But may not the wisedom of man proceed further by Gods permission though not ex vi praecepti by force and impulsion of any strict command yet by taking the leave seems given in that it is not denyed Questionless yes Humane 1 Ratio nihil aliud est quà m in corpus humanum pars divini Spiritûs mersa Sen. ep 66. Prudence is a ray from God shining dimly in the bottom of mans earthly heart and has not hitherto directed all men amiss that by the light thereof have found out any Good their own or that they had an own or that an own was or might be God loves man so well that he loves every Good of man the Good of Society the Good of Order the Good of Peace the Good of Benefit even to that outward Bestial part whereof yet the divine Soul is a blessing and sanctifying inmate All which Goods being so nearly concerned and highly advanced by This is Mine we cannot look upon our good God as carelesly neglecting or enviously nilling that man should reap any fruit or benefit of that wisedom which is also his gift whereby he is enabled to finde out any of these Goods so much for his glory whence with much likelyhood ariseth this second Proposition That although God and Nature left things at large yet CHAP. II. Propos 2. THere may be impaling 2 Though to necessity all is still lâ—ose positive yet for Dominion only negative sc that they are not actually divided sed tamen permissum est ut dividerentur si id ipsi generi humano videretu expediens Quemadmodum cùm paterfamilias moritur fâ—â—ios in commune relinquit haeredes haereditas quidem est eis ex testamento Communis sed negativè non positivè Et ideò nihil prohibet quo minus eam inter se dividant una pars unius altera alterius efficiatur propria Bellarm. de bâ—n oper in partic lib. 3. cap. 11. propriety for else much of the Good even of Good things would be lost the strong 't is like would tyrannize over the weak the lazy partake as much fruit of his vice as the industrious of his dilgence at Harvest he that laboured should reap no more then he that loytered and supposing the most evidently seene corruption of our nature that 3 Minimè autem utile hominibus fuit quod hujusmodi habuerint in Omnia jus Commune Nam effectus ejus juris idem paenè est ac si nullum omnino jus extiterit Quanquam enim quis de â—e omni poterat dicere Hoc meum est Frui tamen ea non poterat propter vicinum qui aequali jure aequali vi praetendebat idem esse suum Th Hobbius de Cive cap. 1. Sect. 11. vide cap. 2. Sect. 3. which should be Every ones to take care of and enjoy would be No ones Nor could confusion but be the fruitfull mother bringing forth many daughters worthy her selfe Besides argue as Christians The Law would be superfluous the Commandement evacuated Thou shalt not steale Nothing for there would be nothing to steale or have No poverty no riches no purloyning no restoring no fraud no injury no wrong no right which are all founded in Meum Tuum would be taken away even beyond the very roots to an impossibility if these be taken away No charity to Neighbours no hospitality to Strangers no bounty to Friends no more then most magnificent Christian bounty in relieving Enemies if c. Yea the exercise of all Christian and morall vertues that act about giving and receiving were not only suspended but presently deprived of their very being No making bags which wax not old which our Saviour counselled Luke 12. 33. no collection for the poor Saints which are at Hierusalem 1 Cor. 16. which the Corinthians used no laying of a good foundation for the time to come by rich distribution which Paul counselled 1 Tim 6. 17. he was himself superfluously carefull of paying that of debt Onesimus to Philemon Philem. v. 18 19. he neither did nor as things were could pay because he nor any body else had any thing to pay A hard word for Creditors there could be no paying of debts An impoverishing word for States farewell all Tributes The rich mans gold Ring and costly Apparell had been nothing else but a crime or a gracing encroachment upon others Rights which yet St James blames not Iam. 2. 2. but preferment in Religion hereby And the poor man an impossibility and empty name a Nothing forasmuch as poverty is by comparisons felix nemo nisi comparatus nor yet miserable and this must be with the Rich which yet is not nor indeed One nor Other not Any one that has Any thing In a word all Sentences Admonitions Exhortations Rules Decisions suppositions of Scripture everywhere could nowhere take place unlesse the Community left by God and Nature might be ascertained and severed by the following prudent constitutions of men and after-Lawes and a good part of the Book of God would bee but an empty Letter without sentence or sence if all those words stood voyd of meaning which doe not require but suppose appropriations Take together what Mr Rogers has plaine but substantiall upon the 38 Article of the Church The Article it selfe is in direct affirmation of what we say That the riches goods of Christians are not common as to the right title and possession of them as the Anabaptists vainely talk though every man be bound to distribute largely agreeing herein with the 65 Article of the Church of Ireland upon the first position whereof thus he Against Community of Goods
frequent Arguments from what we see not so but probable and yet so many and on both sides But above all the wit of man so fertile and pregnant the quarrelling way That still some color would be found out or other Why that should not be that is and that in the place thereof which is not and so our lives would be spent with quarrelling as our means with charge Wherefore Ne dominia rerum sint semper in incerto as was the gloss before it was prudently because necessarily determined to have some end wherein if there wanted somewhat of Justice there might be amends made in freedom from perpetual trouble and all-consuming charge some Hercules Club must be found out to strike the matter home in certainty one way or other or rather some Alexanders sword that what of the Gordian knot could not be untied it might cut aâ—under so here when it grew tedious or rather impossible through the manifold complications of crafty Contrivances to bring the matter whose whole stage was at a distance to a certain end for certain yet let some end be and at a venture settle upon the Possessour He May have Right he has had for a long time the Thing Possession is many points of the Law because every man is supposed at home and that to be a Man 's own in which he hath dwelled a long time without higher acknowledgement or any ones controll and this He hath had no one can remember to the contrary but ever therefore let him Continue to 4 Prescription and antiquity of time fortifies mostâ— Titles and supposes the best beginning Law can give Hobards Reports in Slades Case pag. 297. injoy and he that was so lazy as not come in some reasonable time for his Own let him now see one have it that will be more carefull of it and perhaps do more good with it This may not be well yet better then what is worse Not exactly just but the Good of Peace compensates the Evil of Injury and a quiet suddain loss may prove better to the loser then a gainfull eternal contestation Bono igitur Publico introducta est usucapio praescriptio as Gaius 1 â—ff l. 41. tit 3. L. 1. spake This is now then for every ones good Vt sit aliquid litium finis as 2 Fulbeck part ult c. 4. f. 20. another makes it out for now there will be quietness what ever there be else or more 3 Remembred by Cuiac in paratit ad Cod. l. 7. tit 34. Whence Valentinian made thankfull memory of his Predecessour Theodosius as in favour of humane peace and tranquility setting forth his Edict of this nature which Cassiodorus called the great Patroness of mankinde And if it do nothing else it keeps the Peace and where Peace is either ready there are most worldly commodities or Non invita sequentur they will soon follow But this prescription that must be thus the soveraign and inriching Peacemaker a virtual fine in the rational import of that word quia ponit finem litibus must 4 Nunc autem dicendum qualiter transferuntur dominia sine titulo traditione per usucaptionem sc per longam continuam pacificam possessionem ex diuturno tempore sine traditione c. Bracton de acquir rerum dom c. 22. have three Conditions which I but name It must be 1. Long how long hath been said already 2. Continual that is 5 Quod si per naturalem possessionem possessio interrupta fuerit à ◠die recuperatae possessionis novi triginta anni in omnibus praescriptionibus numerabuntur Gratian. Caus 16. qu. 4 c. 15. An abator or disseisor dying sâ—ised after five years quiet possesssion gaineth Right to hâ—s heir that the owner shall be put to his action and if he let it run to sixty shall never recover Bacon of the use ose of the Law p. 25. For Vsucapio inde dicta est quod per usum aliquid capâ—t aufert Vsus enim per lapsum temporis a limit â—es corporales priori domino transfert in alium Calvin Lexic Iurid p. 595. without interruption by word or deed by violence or gentle claim 3. Peaceable by the true Owners patient and dead negligence For if he stir the bone cannot settle to grow awry the Winde blowing hinders the Water for a time setling into Ice by coagulation so strength is here forbidden to grow of the Adversaries Right by him that if he strives cannot recover his own And these three things observed give a conscionable 6 Vsucapiens plenum jus incipit habere ff de rei vindic L. 17. in fine Sicut tempus est modus inducendae tollendae obligationis ita erit modus acquiâ—endae possessionis Longa enim possessio sicut jus parit jus possidendi tollit actionem vero domino c. Bract. ubi sup Right against all but one was said before Now against him for Time though it can do nothing yet by it are done many things and though it work not at all yet without it is nothing else wrought Tempus ex suapte natura vim nullam effectricem habet Nihil enim fit à tempore quanquam nihil non fit in tempore as 1 Gâ—â—t de Iure Belli l. 2. cap. 4. Sect 1. one spake pithily And therefore as it is a means of 2 Vid. Flet. l. 4 cap. 5. Sect. 12. Bract. de Action cap. 2. Sect. 13. f. 100. dissolving so it is also of 3 Vid Flet. ca. eod Sect. 15. Qui rem suam ab alio teneri scâ—t nec quicquam contradicit multo tempore is nisi causa alia manifestè appareat non videtur id alio fecisse animo quam quod rem illam in suaâ—um rerum numero esse nollet Grot. de jure bell lib. 2. cap. 4. Sect. 5. contracting obligations Settling and unsettling binding loosing doing and undoing Indeed every thing is done by Time and without it is done nothing that is done The Crooked grows Straight by it the wrong right Vsurpation Justice the Invader an Owner And he that nought else has but what Length of Time can give has with that and possession supposed enough to answer all that can be said to disturb him Which Soveraign and almost unreasonable priviledge is allowed upon 4 Praescriptionum aliae sunt introductae odio petentis favore possidentis aliae tantum odio petentis Qui enim bona fide justo titulo rem praesentis per decennium absentis vero per vicennium tenuerit perpetua exceptione tutus erit non solùm adversus alios sed etiam adversus creditores quibus res ipsa obligata fuerat etiam adversus dominum and shall regain if he be ejected Si autem nullo titulo bona tamen fide per tricennium rem alienam possederit simili gaudebit praesidio c. Hae possessiones introductae sunt favore possidentis odio petentis quia
now be well stinted unless for double strength among us for as much as in a certain clear but mediate and consequent way the Act of Man having given and the Authority of God above confirming what is done below that divine print reaches through no doubt in the way hath been shewed and cannot but stamp somewhat of heavenly and the Supreme Power upon the Acts that have passed of Men and so for the Commandments sake yea for that is by derivation approbation and undoubted confirmation the Divine Commandments sake they are now Due and must not but be paid as in Israel Rebus sic stantibus or as things have passed and now are and remain they are I say unquestionably Thus due by Divine Right For the Magistrate is Gods 1 If anâ— one shall prove troublesome and stir Tumults Confestim opera ac diligentia famuli Dei meipsnm dico poenas suae inscitiae dabit says Coustantine the Emperour Theodor. Hist Eccles l. 1. c. 20. Minister Every just Law His Ordinance Vox Legis Vox Dei and every syllable and sound thereof quickned with an additional spirit of divine infusion according to our Scriptures and as we have from Rom. 13. 1 Pet. 2. and other places And sith then here the Magistrate and the Law have proclaimed for them whither they be due as in Moses to Israel by the Text of Leviticus or by vertue of any Gospel or the Epistle to the Hebrews seems not so much material at least not necessarily considerable for as much as though this were considerable at first yet now they are Here fast enough by what the Magistrate has done for them by his Vicarious power and substitute authority The Powers that are are still ordeined of God as was also said before He sticks not to set to his Seal to what has been orderly past in lower Courts approving and commanding what they prudently and justly do and it ought not for Gos sake but be obeyed so that whether the general take hold or no or universal that Where ever the Gospel is preached this shall be part of its obedience and the Labourer is worthy of this hire by divine Right We have here a sure word of Righteousness enough whereunto we may do well to take heed as unto a light shining in a dark place and if Not the General Divine Law Decima ut Dives fias or Non tardabis offerre Deo Decimas yet the other General is topical and directly binding in our Meridian and Clime sc that we must Do justice That we must 2 Rom. 1. 3. Render to every one his Due for the Lords sake 1 Phil. 4. 8. Whatsoever is just as well as whatsoever is Pure 2 Matth. 22 21. To Caesar the things that are His and to God the things that are Gods And Thus The Law of God This Law is thus brought about as quickning and so confirming Mans and the duty hereby to Us moral even to every English Christian because This is sure such and most undoubtedly 3 Deut. 16. 20. That which is just and right That O Christian shalt Thou do So the thing be brought about no great matter which way As if the Arrow hit the Mark little inquiry how it came thither Now Divine Authority backing of which there is enough and seconding humane Ordinances The rest is easie and unless for double strength as said we have not so much need to inquire for a Divine Letter because we arrive at the same point safe and sure in the other way of Humane for if Man have settled and God commanded to be paid He have given and the Magistrate who is Gods Vicar allow and injoyn payment Now even for Conscience sake that may not be omitted And whether the Scripture or Nature say any thing in the Case particularly home They say enough in establishing humane Ordinances which will bring God along with them and Man for God must not but pay what Man has settled for Gods Commandment sake So in this new way here is Jus Divinum or Divine Right stil Mediate and Consequential but sure and certain which perhaps may not be in Virginia or New-England where the Gospel may be yet in full vigour or in Madagascar or Japan if the same holy Rule should there finde obedience The Climate alters and some particular things done Here which I think There have not and thence indeed This difference and Our preferment And suppose they that is either those remote strangers or our Brethren at home that Rely on Divine Right in scriptis or the very Letter of the Law should lose all with that Letter of Scripture and their proofs falling short from Text or Reason they therewith fall short of all proof yet in this Our way we keep enough in derivation of Consequence and by Preadvantage of a Civil Title granted and settled we gain also another of another sort Divine but Mediate accumulate and lasting even when the immediate and literal is in reality or supposition taken away In short we need not doubt of a Divine Right Here with Vs while there is a humane Ordinance prevailing and a Divine inspired 1 1 Pet. 2. 13. Apostle speaking from God we must Obey every Ordinance of Man for the Lords sake The first of which has had attempt of plentifull proof submitted to judgement and of the last no Christian admitteth doubt Yet speak I not any of this last to evacuate or infirm that or their opinion who go another way to stablish the opinion of Divine Right by their fair and solid Arguments from the Text as if I would withdraw mens mindes from the love and estimation of their Gold pretending here is Silver and then if this fail after a while they are wiped of both and have to trust to Neither No these are severall and this Another but not a contrary or cross Way pointed to they do not justle but are very well and fairly consistent and composeable one with the other and this prop of Wood may help if that pillar of Brass fail or be misplaced This string may hold if that chance to break or perverse men will not be held by it And in this additional or supplemental way it may be acceptable also to those who are more strict for the divine Right immediate which be it what it will I keep promise of within the Circle of mine own Sphere Be that or be it not This I believe is and this advantage enough hereby if we have it To conclude let the things be considered as before alleadged from the parts of the Law dispersed Councel interpreting and which is most material to Exposition the practise and Seen Force of the Law thereby and we cannot from them I think but conclude 1. A certainty of Civil Right and by that bottom of rooted Law that gives all things 2. A probability of Divine Right mediate and consequential At least the first and with much assurance Id quod
ablatum Reg. Iur. Canon 4. Peccati venia non datur nisi correcto Reg. 5. saith he the half of my goods I give to the poor and if I have taken any thing by false accusation I restore him fourfold Then Jesus said unto him Comfortably Then and not before This day is salvation come to thy house This whether stranger or home-born demonstrated him to be one of the Sons of Abraham This is The way back by weeping cross In the fore-Right of Injury no end probably foreseen but in Hell He that Repents must Amend Hee that Amends will Restore For while the injury remains is no alteration and without alteration is no to better state-restitution In the Scripture still Does not the Old and New Testament require and joyn to call for Justice Truth Fidelity Honesty That which is 2 Deut. 16. 20. Just and Right shalt thou do and 3 Philip. 4 3. whatsoever is Iust as well as whatsoever is Holy and 4 Rom. 12. 17. Chap. 1. 18. Provide things honest in the sight of Man as well as God And sure the world counts this Honest to give every one His own the very Syllables of Rom. 13. 7. Render therefore to All their Dues whether Tribute Custome Fear or Honour And Owe Nothing but to Love Or if we doe not The wrath of God is revealed from Heaven even to true Believers against all ungodliness and unrighteousness of men who hold if it be the Truth in iniquity Which Iniqui Regnum Dei non possidebunt 1 Cor. 6. 9. and Know ye not that it is so It is Postulatum a thing grounded among Christians and with Caution Be not deceived Some may tell you otherwise The unrighteous and who are They Fornicators Idolaters Adulterers 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 unfit to be Englished good company and with them nor Thieves nor Covetous nor Railers nor Extortioners a good part of them those that meddle with other mens goods whether by force or fraud in deed or desire subtraction or detention violent Extortion or clancular Surreption the sin because the wrong is the same and Be not deceived Do ye not know that These shall not Inherit Gods Kingdome Should not the Kingdome of his sanctified and just Congregation his Church Here but be cast out by Excommunication with profane Heathens but shall not his holy and glorious Church of the first-born hereafter where the imputation of moral Righteousness shall be the lowest qualification The holiness of Saints shall be those white and shining glorious Robes without which 1 Fâ—llow Peace with Alâ— and HOLINESS without which No one shall see the Lord. Heb. 12. 14. Blessed are the Pâ—re in heart for they shall have this advancement Matth. â— 8. none shall be admitted to that Bride-chamber Indeed such were some of you sometimes but ye were washed in Baptism sanctified from the first uncleanness justified from the other unrighteousness in the Name of Christ and by the searching Spirit of our God and so are now a 2 Ephes 5. 27. pure Church not having spot or wrinkle or any such thing but walking 3 verâ— 15. Circumspectly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 exactly precisely 4 1 Thess â— 22 Ab omni specie mali avoiding the very appearance of Evil and 5 Iud. ver 23. hating the garment that is but spotted with the flesh Besides we Know Love is the fulfilling of the Law the summ of the Christians Law The first second and third thing required All is briefly comprehended in it and can this Consist with wrong Do I love my neighbour when I injure him when I oppress him and will not give him mine own nor will not give him His own Is this Justice far below Love Is not Mercy and Pity a strong piece of humane good Nature Compassion to one that needs much more to one that hath Right the top pinacle of Christianity I will have Mercy and not Sacrifice says 6 Matth. 9. 13. chap. 12 7. Christ 7 Hosea 6. 6. from the Law and my Disciples shall be kept alive rather then the Sabbath sanctified And do these things Consist with Wolvish Cruelty and wrong to spoil a man and his inheritance to Rob a man of his Right or not to give him his Right Wherewith shall I come before the Lord saith the Prophet and bow my self before the High God Micah 6. 6 7 8. Shall I come before him with burnt-offerings and calves of a year old Will the Lord be pleased with thousands of Rams or ten thousands of Rivers of Oyl My first-born for my transgression the fruit of my body for the sin of my soul No He hath shewed thee O man what is Good and what doth Jehovah require but to do Justly and to love MERCY and to walk humbly with thy God So in another Prophet To what purpose is the multitude of sacrifices I am full of the burnt-offerings of Rams Esai 1. 11. and the fat of fed beasts Bring no more vain Oblations Incense is an abomination before me your new Moons and Sabbaths All these God himself commanded the calling of Assemblies I cannot away with c. But what then Wash you and make you clean Put away your evil doings Seek judgement Relieve the oppressed c. and then come and let us reason together And least any should think these are Old Testament Duties S. James has left Pure Religion to consist in Such things chap. 1. 27. What! has the meek Gospel brought in Cruelty and hard-heartedness Does the Christian Law allow us to be unmercifull unjust unrighteous fierce savage barbarous and no Religion or Irreligion in the dispensation of wordly Goods or conversant about them as in oppression fraud injury putting men out of their own c. that a Man may be a Lion a Christian a Tyger and a Vulture all together preying upon what he can catch of his neighbours and holding it without any bowels of compassion Rev 14. 4. Is this to follow the Lamb of God Iohn 1. 29. that taketh away the sins of the World whithersoever he goeth 1 Pet. 3. 8 9. What saith S. Peter Be pitifull be courteous rendring to none Evil though for Evil What said S. Paul Put on therefore as the Elect of God Holy and beloved Brethren bowels of mercies Col. 3. 12. kindness humbleness meekness c. What saith both their Master Matth. 5 4â— Be mercifull as your heavenly is mercifull Luke 6 86. Is this agreeable hereto to oppress and undo without cause To turn our Fellows out of those Rights they have as good Titles to as our selves to any thing to contribute our small and single power to undoing of Thousands yea thousands of Families of Choicest Wits best Education greatest Hopes highest Trust that have mens Souls committed to them but They their Persons and Estates should be left to spoil themselves bequeathed to the Beggars inheritance the Wallet and the Scrip to live