Selected quad for the lemma: authority_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
authority_n	call_v	king_n	kingdom_n	2,557	5	5.7928	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A38604	The civil right of tythes wherein, setting aside the higher plea of jus divinum from the equity of the Leviticall law, or that of nature for sacred services, and the certain apportioning of enough by the undoubted canon of the New Testament, the labourers of the Lords vineyard of the Church of England are estated in their quota pars of the tenth or tythe per legem terræ, by civil sanction or the law of the land ... / by C.E. ...	Elderfield, Christopher, 1607-1652.	1650 (1650)	Wing E326; ESTC R18717	336,364	362

hath nothing to give for what he hath was given Deo Ecclesiae who are the proprietaries he but the usu-fructuary and so cannot dispose of anothers For to whom 1 Flet. lib. 3. c. 4. sect 1. pag. 179. Bracton ubi supra To any one Bond or free Minor or of full age Jew or Christian But not to a wife not 2 Quibus dare inhibetur Fleta lib. eod cap. 5. Magn. Chart. c. 36. to the Church in Mort-maine except by license for every thing is to be kept within its due bounds and a proportionable equality is like to be the Mother of longest duration A monstrous growth tends to the sooner ruine of it self or the whole and therefore in its favour it is provided the Church may not spread too big lest pondere pressa suo it fall with its own unweildiness Lastly What may be given what is Corporall or in visible a possession or a right a whole or a part but not what is 3 Nullius autem sunt res sacrae religiosae sanctae Quod enim divini juris est id nullius in bonis est Instit 2. de rerum divisione sect 7. F. ●ib 1. tit 8. lib 2. sect sacrae Bracton lib. 1. cap. 12. sect 8. Extra patrimonium verò res sacrae Communes Fet. lib. 3. cap. 1. sect 3. no ones as is every thing sacred This is supposed out of every ones reach 't is no bodies on earth and so none can lay 4 Item donari non poterit res quae possideri non potest sicut res sacra vel religiosa vel quasi qualis est res fisci Bracton fol. 14 hand of it to give it forth to another CHAP. VIII THese things may seem needfull to have been pre-considered of gifts to the intent what follows may not seem to have crossed the generall Doctrine Among particular instances whereof to our purpose A little before the year after Christ 600. begin first with the head that which was to Augustine or in that Augustines time whom some love to call the Apostle of the English men who found most of this English part of the Isle as Barbarous as the whole is like to be when covetous men may save this expence We censure not what the grace or power of God can do but in likelyhood what he will Miracles are not to be multiplyed without cause nor he to be put out of his ordinary course of By-causes according to which we are likewise to expect and judge that will be in humane probability is by them Like to be He then found here the land dark as Sodome the souls of men over-spread with Atheism and Idolatry and no truth or knowledg of God which he divulged successfully and took care or the blessed Providence of God brought to pass that the Vine and the Elm were planted and have grown comfortably together Christian Religion and this acknowledged good support thereof being by one and the same Hand here planted and rooted and as they were born and have lived if any be God grant as Twins they be not taken away together also But whence does this appear we should gladly have taken it up from Bede or Malmsbury or any other creditable story but we have it from what was more authentick the most substantiall credit of a solemn law By all mens leave This shall be more creditable then any private Mans words what is planted and shining in any publick past law being less subject to forgery and subornation then any single simple mans Testimony whatsoever In King Edward the Confessors Laws then thus we finde Of all 1 De omni annona c. The Latin is after transcribed pa. 79. Corn the Tenth sheaf is due unto God and so to be paid And if any keep Mares the Tenth Colt but if he have but one or two so many pence So if any keep kine the Tenth Calf or if one or two so many half pence He that makes Cheeses the Tenth or if not the Tenth days milk In like manner Lamb Wooll Sheep Butter Pigs of all the Tenth The tenth also of the commodity of Bees and of Wood Medow Waters Mils Parks Ponds c. the Tenth to him that gives both Nine and the Tenth He that detaineth let him be forced by publick Justice so I interpret that called there the Kings and the Bishops because their powers were then represented together to confirm both ways Civilly and Ecclesiastically for so preached and taught blessed Augustine and so was granted by the King the Lords and the People Thus far that solemn Law the authority of whose testimony we shall 2 Vid. pa 90 91 c. hereafter more fully set forth when for the sake thereof we shall shew the whole collection to be one of the ancientest pieces of the Common law so often called for by the people confirmed by the King and entred into the Coronation Oath c. In the mean while by all the credit this testimony can give Augustine preached Tythes the People believed the King and Parliament granted for what can be less meant by Concessa sunt à Rege Baronibus Populo and under the specification of Colt Lambs Fleece Corn Milk Honey and most particulars claimed Let no man take advantage by thinking me so unadvised as to suppose Parliaments so early under that name which I know came in long after and whatsoever should carry that title applyed in strictness to any thing beyond a good way in the Norman times I should suspect it for Counterfeit but that Publick meeting which had the power and vote of the Land consisting of the Head and its subordinate Members call it Senate Gemote Court Councell or whatsoever else the Collection and Congregation of the Land granted this Object I know well what may be said to the contrary as that Bede who lived soon after and reports that story of Conversion at large Vid. Hist Eccles lib. 1. cap. 26. in fiu cap. 27. Interog 1. and is most authentick for those times and the following sayes nothing of any such thing not when he had just occasion so to doe for he speaks both of Augustines entertainment a few lands and his sending back to Rome about Church-maintenance in generall and how it should be divided but not a word of TYTHES Whereunto I answer True this but what then Answ 1. Negative testimonies are the weakest of proofs upon the matter no proof at all as silent witnesses that say nothing If Bede had said any thing we should have much listened and that whether he had spoke against or for us but saying nothing he is but a mute and no more to be regarded strictly then he that is called comes in and is silent 2. As to his yet mentioning other things neer the time of both was but when yet things were raw when he had not preached nor the people beleeved or in reward setled what they may have afterwards Time does

all and every person which hath or shall have any Beasts or other Cattle 〈◊〉 going féeding or departuring in any waste or common ground whereof the Parish is not certainly known shall pay their tithes for the increase of the said Cattle so going in the said Waste or Common to the Parson Vicar Proprietarie Portionarie Owner or other their Fermours or Deputies of the Parish Hamlet Town or other place where the owner of the said Cattle inhabiteth or dwelieth Provided always and be it enacted by the Authoritie aforesaid that 〈◊〉 person shall be sued or otherwise compelled to yéeld give or pay any manner of tithes for any Mannors Lands Tenements or Hereditaments which by the Laws and Statutes of this Realm or by any Priviledge or Prescription are not chargeable with the payment of any such tithes or that be discharged by any composition reall Provided alwaies and be if enacted by the Authoritie aforesaid that all such barren heath or waste ground other then such as be discharged for the payment of tithes by Act of Parliament which before this time have lain barren paid no tithes by reason of the same barrennesse and no to be or hereafter shall be improved and converted into arable ground or meadow shall from henceforth after the end and term of seven years next after such improvement fully ended and determined pay tithe for the Corn Hay growing upon the same Any thing in this Act to the contrarie in any wise notwithstanding Provided alwaies and be if enacted by the Authoritie aforesaid that if any such barren wa●te or heath ground hath before this time been charged with the payment of any tithe● and that the same be hereafter improved and converted into arable ground or meadow that then the owner or owners thereof shall during the seven years next following from and after the same improvement pay such kind of tith● as was paid for the same before the said improvement Any thing in this Act to the contrary in any wise notwithstanding And be it farther enacted by the Authoritie aforesaid that every person exercising Merchandises Bargaining and Selling Cloathing Handicraft or other Art or Facultie being such kinde of persons and in such places as heretofore within these fortie years have accustomably used to pay such personal tithes or of right ought to pay other then such as have béen common day-labourers shall yearlie at or before the Feast of Easter pay for his personall tithes the tenth part of his clear gains his charges and expences according to his estate condition or degree to be therein abated allowed and deductes Provided And be it also enacted by the Authoritie aforesaid that if any person refuse to pay his personal tithes in form aforesaid that then it shall be lawful to the Ordinarie of the same Diocesse where the partie that so ought to pay the said tithes is dwelling to call the same partie before him and by his discretion to examine him by all lawful and reasonable means other then by the parties own Corporal Oath concerning the true payment of the said personal tithes Then after a Proviso about Easter-offerings Provided also and be it enacted by the Authoritie aforesaid that this Act or any thing therein contained shall not extend to any Parish which stands upon and toward the Sea-coasts the commodities and occupying whereof consisteth chiefly in fishing and hath by reason thereof used to satisfie their tithe by Fish but that all and every such Parish and Parishes shall hereafter pay their tithes according to the laudable customes as they have heretofore of ancient time within these fortie years used and accustomed and shall pay their offerings as is aforesaid Provided always and be it enacted by the Authoritie aforesaid that this Act or any thing therein contained shal not extend in any wise to the Inhabitants of the Citie of London and Canterbury c. And be it further enacted by the Authoritie aforesaid that if any person do subtract or withdraw any manner of tithes o● ventions profits commodities or other duties before mentioned or any part of them contrarie to the true meaning of this Act or of any other Act heretofore made that then the partie so subtracting or withdrawing the same may or shall be convented and sued in the Kings Ecclesiasticall Court by the partie from whom the same shall be subtracted or withdrawn to the intent the Kings Iudge Ecclesiasticall shall and may then and there hear and determine the same according to the Kings Ecclesiasticall Laws And that it shall not be 1 How then have suits been ordinarily and at first instance commenced where they have been lawful unto the Parson Vicar Proprietarie Owner or other their Fermor or Deputies contrarie to this Act to convent or sue such withholder of tithes obventions or other duties aforesaid before any other Iudge then Ecclesiasticall And if the sentence given finde not obedience the partie to be excommunicate in which state if he stand fortie daies upon Certificate into the Chancerie to have the Writ sued out De Excommunicato Capiendo c. And before a Prohibition granted the Libel to be shewed to the Iudge c. whose hands the Ecccles Iudges are after bound he shall not hold plea of any matter cause or thing being contrarie repugnant to or against the intent effect or meaning of the Statute of West 2. cap. 5. the Statute of Articuli Cleri Circumspectè Agatis Sylva Caedua the Treatise De Regia Prohibitione ne against the Statnte of 1 Edw. 3. cap. 10. as 't is printed but it seems to be rather from the second Parliament of 1 Edw. 3. ca. 11. ne yet hold plea of any thing whereof the Kings Court of right ought to have Iurisdiction Any thing therein contained to the contrary in any wise notwithstanding Except for tithe of Marriage goods in Wales I have given this the more fully because it seemeth the last direct binding law and though it be at top the bottome whereon all is settled But so is it not There is that lays five times deeper as hath been shewn and the axe must be laid to the root of the tree even the bottome of all Law with us and more then 500 years deep before the utmost can be reached here which every private man should do well to think of that dares give his thoughts scope to deliberate about eradication What is it to go down so low and strike at those humours by strength of Physick that have their sediment at the Root of Nature Galens hand trembled the day before he gave his Rubarb foreseeing thereby the violence he must offer to the whole by pulling away a part and to fetch some superfluities away the Body must be shaken If vigour of nature should not here meet to assist no less danger or fear then which it might import to think of purging out so settled corruptions if tythes be such and not as many take them very wholesome juices But to

better then a fool Bear with my plainness thou wilt rather thank me for it when thou shalt see I intend not Reviling or Reproach but necessary home caution and admonition Resolve with thy self There is none so highly such and dangerously too as he that thinks himself wiser then the Law Which is as a Lord Chief Justice said Summa Ratio the strength and Quintessence of Humane reason applied to the common good and what must He needs be then that goes on the contrary part that undervalues it that opposes it that censures it and in stead of obeying the Oracle quarrels with it Laws are made to be reverenced not disputed of obeyed not judged submitted to not censured by every forward man scarce by every Congregation of men scarce by knowing wise men and who is he then that of his own private head dares busily controul and censure abrogate and revoke repeal and establish the whole or a part as much as seems good unto him be it what it will of a Wise Parliaments Petition a dead Kings Concession the Statute Law the Canon Law the Common Law that whole body that hath ruled all actions and possessions here Thinking such a part may be changed another spared The great Charter was well thought on in some things The Petition of Right was part as it should K. Edwards old aged and reverenced Laws that had so many requests made for them so many bloudy battails fought about them and were wrested by the people into the Coronation Oath may now be advised of I see a way not spyed by any since Christianity came hither and yet they had the voice of the Spirit in the Word of the Gospel of Civil Justice and Righteousness I will make Laws change Ordinances reverse Rights new-mould properties and dominions c. though all that is be troubled c. and the Petition for every mans right shall not hinder What arrogance is this What intolerable presumption Does it become a private man a single man a simple man Any man Were not obedience better then this sacrifice To be ruled by the Law better then thus to quarrell about it Say but this one thing Every man shall have his own and I have obtained my end and wish all unsaid hath to thy offence or otherwise not tended hereto Say but Right shall be done as is desired Soit droit fait come est desire as the King I will not be wiser then the Law but follow it I will not judge the Rule but be ruled by it 't is the blessed Ordinance of God whereto I ought conform and must and will ingenuously and fully the whole and every part and then we are met and friends Especially the Petition of Right let no one be defrauded of his part of that No One and then be the issue that God will give CHAP. XXVIII ANd now it may be time to look forward but first a glance or two backward that we may not lose our selves to see the way we have already gone I hope it is either made evident or at least much hath been said for it that Tythes are Civilly Politically due They are so for they have been given they are so because that gift hath been confirmed comfirmed by the common Law in its Cradle confirmed with the confirmation of King Edwards Law confirmed by the Church Law of Authority sufficient and now lastly by the glances of the State But by-blowes I confesse these last yet as they have been set on I hope reaching home till of late some were direct in Henry 8. and Edward 6. time yet of force and so is also the Petition of Right it being taken they were before a Right Descend we now from publicke to private and see what the Sages have said who are either Law or after next to Law The Romans had their Responsa Prudentum taken into the Digests which although they were at first but the issue of private thinkings given by single men upon occasion in decision yet with time they got credit and being found usefull and meetly well agreeable with reason the great Standard even of Rules They were at last taken into the Rule and urged as the twelve Tables or the Senatusconsulta of original and ruling Authority for themselves So and by the same degrees have some mens credits and savings been advanced with us whose ipse dixit is next to Oracle and their private voice so highly advanced as to be for Authority and Rule next to the Publick of the Kingdom We shall not be long nor curious in this search for still the Publick speaks lowder to Credit then any Private and why should we care much for Silver when we had plenty of Gold before or look after even the Judges when their Masters stood ready yea the Rule of the Judges Masters in publick Agreements subservient to justifie our Assertion and undertaking And Lord chief Justice Cook is here first for we will now take leave to proceed ordine retrogrado according to licence reserved He is now become almost a good Authour but because his opinion and practise are both in fresh memory with many both as to Pleading Councel and Judgement the less would therefore be said of him because known In 2. of his Instit alone he so comments on four ancient Statutes sc 1 pa. 489 490. Circumspectè agatis 2 pa 610 611 612 619. Articuli Cleri 3 pag. 619 c. the 18 Ed. 3. 7. touching the Scire facias from the Chancery and that 4 pag. 648 c. of 2 Edw. 6. 13. that none that knows the occasion can well forecast any doubt of the event none that considers the Text can much doubt of his Comments unless he will make so cross and absurd interpretation of his likely meaning as that he chose his Theme to go against the Suppositum or meant to darken and contradict what was taken in hand to expound and illustrate such were Commenta indeed rather then Commentaries strange inventions but He raised his Doctrine according to his Text and prosecuted it punctually as he had raised it Let them heed him well who alleadge him frequently accounting him Authority in one part as well as another or else the World will account them I know what Partial I mean That All and that 's true enough That they do but in stead of representing his sense fully as they finde it pervert it picking a Posie perhaps of the sowrest flowers and leaving out what is not to their advantage or to their disadvantage insinuate that is not which perhaps they would not have Sure he thought spake wrote and judged that Tythes are civilly due when he shunned not to declare they were every where due 1 Report 2. fol. 49 6. in the Arch-Bishop of Cant. C●se avouched by a London Minister in his late answer to a Do●bt about the a●ienation of Tythes p. 17 And in the same Report fol. 45 in the Arch Bishop of Winch. Case