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A77224 Downfal of tythes no sacriledge; or Certain earnest and important queries, with their reasons or grounds. In answer to the author of a printed sheet, entituled, An item against sacriledge, or sundry queries concerning tythes. Earnestly tending to a full result, what ought to be done by the now present Parliament concerning tythes. Manifestly proving, that it is no sacriledge for the now present power to remove the laws and authority, whereby tythes, or any other maintenance for the ministery, is informed. Shewing also the dangerous inconveniency that necessarily ensueth, upon forcing maintenance for the ministery, and the unlawfulness of it in the sight of God. By Ellis Bradshaw. Bradshaw, Ellis. 1653 (1653) Wing B4143; Thomason E714_18; ESTC R207248 14,926 23

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Downfal of Tythes no Sacriledge OR Certain earnest and important QUERIES With their Reasons or Grounds In answer to the Author of a printed sheet entituled An Item against Sacriledge or sundry Queries concerning TYTHES Earnestly tending to a full Result what ought to be done by the now present Parliament concerning Tythes Manifestly proving that it is no Sacriledge for the now present Power to remove the Laws and Authority whereby Tythes or any other maintenance for the Ministery is inforced Shewing also the dangerous inconveniency that necessarily ensueth upon forcing maintenance for the Ministery and the unlawfulness of it in the sight of God By Ellis Bradshaw He that soweth to the flesh shall of the flesh reap corruption but he that soweth to the spirit shall of the spirit reap life everlasting Gal. 6. London Printed for H. Cripps and L. Lloyd and are to be sold at their shop in Popes-head Alley 1653. Certaine earnest and important Queries with their Reasons or Grounds in answer to the Author of a printed sheet entituled An Item against Sacriledge or sundry Queries concerning Tythes earnestly tending to a full Result what ought to be done by the now present Parliament concerning Tythes YOu demand Whether the Ministery of England hath not as good a propriety in Tythes as Noblemen Gentlemen and Precholders have in their Lands the reason whereof you render is because Ethelwolph son of King Egbert who had brought the Saxon Heptarchy into a Monarchy had all the Lands of England for his Demesne as it acknowledged by Sir Edward Cook in his Commentaries upon Littletons Tenures and conferred the Tythes of all the Kingdome upon the Church by his Royal Charter dated Anno 855. in these words to wit King Ethelwolph by the consent of Prelates and Princes which ruled in England and under him in their several Provinces did inrich the Church of England with the Tythes of all his lands and goods by his Charter Royal c. adding in the end that whose should encrease the gift God would please to prosper and encrease his daies but if any should presume to diminesh the same that he should be called to an account for it as Gods Judgement Seat and this you say he did not only as Lord Paramount but as Propriator of the whole Land the Lords and great men at that time having no propriety or estates of permanency but as accountants to the King whose the whole Land was and yet they also gave their free consents which the King required that thereby they might be barred from pleading any Tenant-right as also to oblige them to stand in maintenance of Tythes against all pretenders Upon these premises you conclude That the people can have no right or propriety in them for they never bought or paid for them neither could they come by inheritance for that which was not their Forefathers could not descend to them neither came they to them by Donation which they can never shew I desire therefore and give me leave in love and meekness first to query 1. Query Whether you be in good earnest yea or no that upon this guifture of King Ethelwolph The Ministery of England have as good a propriety in Tythes as Noble men Gentlemen and Freeholders have in their Lands Reas Considering first the ground and reason why the King gave them to wit because he accounted them as a due debt owing to God and not because they were his own Demesne and free to be at his own disposing but he did account them due unto God Jure Divino and therefore expressed himself in such prophetical words to wit That whose should encrease the gift God would please to prosper and encrease his daies but if any should presume to diminish the same that he should be called to an account for it at Gods Judgment Seat upon which observe he did not say they should be called to an account before his own Judgment Seat nor any other civil Judicators but before the Judgment Seat of God implying that he did not account it as a matter belonging to him to punish them but to the Lord himself who in his opinion required such a part as due to himself so that if any should rob him as Mal. 3.8 he expected that the Lord should judg him for that himself as so no doubt but his Prelates that as you say consented to the business had admonished him what was his duty in that respect for the doctrine of the Prelates in those daies was That Tythes were due in every respect conform and suitable to the Judaical Law as so you acknowledge and say that the Text and Body of the Common-Law affirmes Tythes to be due Jure Divino as Sir Edward Cook testifies in the second part of his Reports so that you do acknowledge and it is the bent and drift of those Queries to prove the Tythes due to the Ministery Jure Divino Arg. But if Tythes be due Jure Divino to the Christian Ministers Conse Then they were due to the Christian Ministery before the time of the said King Ethelwolph and so were never his nor at his disposing Reas For if Tythes be due Jure Divino they were the gift of God to the Christian Ministers who in all ages have been appointed as his chief receivers of any thing sanctified or set apart or given unto God the Ministers I say together with the poor the stranger the fatherless and the widdow are his Substitutes and receivers of what is given to him and so by consequence they were either due to God and so to the Ministery before that free Donation of King Ethelwolph or els they are not due Jure Divino and so you lose the title Jure Divino in pleading the title Jure humano so that if the Ministers title Jure humano fall to the ground as unjust or injurious then you lose them both as so without all question if you but derive it from King Ethelwolph it will certainly fall Reas For first if it be examined what he had to do to appropriate the free Donation of all the Tythes to himself as if they had been his and he had given them to the Church and as if they had not been Gods own proper dues and so due to the Ministery and the poor c. by the free Donation of the Lord himself I shall leave it to the judgment of whoever accounteth them due Jure Divino and refer them to a text Levit. 27. ver 26. whether that which is or should be the Lords Jure Divino may be sanctified by man or given by him as of his own to give when it is the Lords already The words are these to wit Only the firstling of the Beasts which should be the Lords firstling no man shall sanctifie it whether it be Oxe or Sheep it is the Lords implying that it was utterly unlawful for any to ascribe the sanctification or free Donation of that unto God which was his already in just propriety