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A78612 A pretended voice from heaven, proved to bee the voice of man, and not of God. Or, An answer to a treatise, called A voice from heaven, written by Mr. Gualter Postlethwait, an unordained preacher, taking upon him to exercise the pastoral charge, in a congregation at Lewis in Sussex. Wherein, his weakness, in undertaking to prove all protestant churches to bee antichristian, and to bee separated from, as no true churches of Christ, is discovered; and the sinfulness of such a separation evinced. Together with, a brief answer inserted, to the arguments for popular ordination, brought by the answerers of Jus Divinum Ministerii Evangelici, in their book called The preacher sent. By Ezekiel Charke, M.A. and rector of Waldron in Sussex. Imprimatur, Edmond Calamy. Charke, Ezekiel. 1658 (1658) Wing C2069; Thomason E959_5; ESTC R207673 108,343 141

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to humour the people in their lusts Since among them they live and with them they have continually to do Whereas Patrons most of them live not in the places to which they present and have no power to put out whom they have once presented So that the power which hee claims for the people is far more likely to produce that evil than is the power of Patrons and instances might bee given that it hath done so But I forbear recriminating SECT 8. Of Tythes MR. P's fourth injunction to the Magistrate is concerning Tythes Away with Tythes that Old-Testament maintenance plainly distinguished from the New-Testament maintenance 1 Cor. 9.13 14. 'T is plain hee argues a Simili and like is not the same Gospel maintenance differs from Law maintenance in the very kinde Tythes are a legal Jewish Popish way of maintenance Either Tythes are paid by the light of nature or Moral command or else by a Ceremonial precept But not by either of the two former The instances of Abrahams and Jacobs paring them before the Law are not sufficient for Circumcision and Sacrifices were then and yet part of the Ceremonial ●aw and the institution of our Saviour Luke 10.7 urged 1 C●r 9.14 and explained Gal. 6.6 will not stand with Tythes These are out of the seed of the land the fruit of the Trees or the herd or the flock the Gospel-maintenance is raised out of all good things Therefore Tythes belong to the Ceremonial Law which to practise is to dig Christ out of his grave and a Character of Antichrist Neither will it avail for any to say that they take them not as Tythes for the Corinthians could not be so excused as to their eating things sacrificed to Idols c. Mr. P. knoweth or might know that there are several pleas for Tythes as the Ministers maintenance The Power and Laws of the Magistrate The right of Donation and The Divine Right And therefore since hee thought fit to give a reason of his excommunicatory sentence against them with relation to the last of those pleas hee should have done it in relation to the rest also Else though it shall happen that his strong arguing may cause men to quit them with one hand on the last account yet the other pleas being not impugned by him in particular they may hold them with the other hand on their account and so his away with Tythes may lose its labour Two Cords may hold them though the edge of his arguing should bee so keen as to cut the other 1 The Magistrates Power and Authority is generally acknowledged to have been given them by God in relation to the good of the Church and cannot fairly bee denied to extend it self by his appointment to the Teachers as well as to the taught in it Those must live and bee maintained as well as these the text hee quotes evinceth this 1 Cor. 9.13 14. and Magistrates are to take care that what God hath appointed may bee performed how are they else Ministers of God for good without exception or restriction Now the even so in this Text leaving his apprehension of the farther sense of it to bee considered under the last plea implies clearly that a set determinate and sufficient maintenance is to bee assigned and paid to the Ministers of Christ and established for them for such a one there was injoyed by the Ministers of holy things under the Law and surely the effecting of this falls under the Christian Magistrates care and is within the verge of his power But now certainly there is no reason why the Magistrate may not appoint as well a tenth as a ninth or an eleventh to bee the Ministers maintenance And having so fair a precedent before them as the determinate proportion once allotted by God to his Ministers n. a Tenth and no other mentioned in Scripture No reason can bee given supposing them not to consider that allotment as binding now why they should not pitch upon this rather than any other The equity of that proportion doth undoubtedly still remain it is the proportion which the wisdome of God chose and hee hath no where forbidden them to pitch upon that proportion or pointed out any other therefore that proportion they may best pitch upon and establish to bee the Ministers maintenance This proportion Christian Magistrates and ours in particular have pitched upon and established by Laws to be the Ministers maintenance and that out of the increase of the land which might easily be proved to be the most fit certain Maintenance the most suitable to al incident conditions of the land that can be found And why upon this account may not Tythes bee appointed and maintained by the Magistrates required by the Ministers and payed by the People What Law of God do those or these sin against herein Suppose the determinate proportion and way of maintenance not expressed and determined by God now in New-Testament-daies but onely that there should bee a fit Maintenance Doth not the determining of the way and proportion of maintenance belong to the Magistrate And is this way and proportion Jewish when they pitch not upon it on the Jewish account as any way a part of or subservient to the Ceremonial Law Or is it oppressive and unreasonable as some complain seeing it is the equitable way which the wisdome of God once appointed for his Ministers maintenance Is not here a sufficient bottome for any mans spirit to rest upon in relation to Tythes But if this were not enough 2 None can deny that men may give away and perpetually bequeath to others the tenth part of the profits of their goods lands and inheritances If any man of Mr. P's Congregation should bequeath to him and his Successours the future Pastors of that Congregation the tenth part of his own proper revenues for ever might not hee and his Successors lawfully claim and injoy it would not their title bee good to it Now thus it is in the case of Ministers claiming and taking Tythes in England as is sufficiently known to any that know any thing to purpose in this matter The first Monarchs of this Nation when all the Lands in England were their Demesn demised the Tenth of all the profits of them to the Ministers of holy things I shall here transcribe something of what is unquestionably recorded about it Mr. Treleyny of Tythes p. 13 c. Tythes are legally the Ministers own not given to him by the Subject as is now pretended but paid unto him as a rent-charge laid upon the land and that before the subject either Lord or Tenant had any thing to do in the Land at all It appeareth saith Sir Edward Coke by the Laws and Ordinances of ancient Kings and especially of King Alfred that the first King of this Realm had all the Lands of England in Demesne And at this time it was when all the lands of England were the Kings Demesne that Ethelwolph the second Monarch of the Saxon
race his Father Egbert being the first which brought the former Heptarchie under one sole Prince conferred the Tythes of all the Kingdome upon the Church by his Royal Charter King Ethelwolph saith Ingulph with the consent of his Prelates and Princes which ruled in England under him in their several Provinces did first inrich the Church of England with the Tythes of all his Lands and Goods by his Charter Royal. Hee gave saith Ethelward the Tythe of his possessions for the Lords own portion and ordered it to bee so in all parts of the Kingdome Hee discharged saith Florence of Worcester the tenth part of his Realm of all tributes and services due unto the Crown and by his perpetual Charter offered it to the three-one God The Charter makes it evident that the King did not onely give de facto the Tythe or tenth part of his whole Realm to the use of the Clergy but that hee had a right and a power to do it as being not onely the Lord Paramount but the Proprietary of the whole Lands The Lords and great men of the Realm not having then a property or estates of permanency but as accomptants to the King whose the whole Land was And this appears yet further by a Law of King Athelstanes made in the year 930. about which time not onely the Prelates of the Church as formerly but the great men of the Realm began to be settled in estates of permanency and to claim a property in those Lands which they held of the Crown and claiming so begun it seems to make bold to subduct their Tithes For remedy whereof the King made this Law commanding all his Ministers throughout the Kingdome that in the first place they should pay the Tythes of his own estate which hee held in his own hands and had not estated out to his Lords and Barons and that the Bishops did the like of what they held in right of their Churches and his Nobles and Officers of that which they held in property as their own possessions or inheritance So then the Land being charged thus with the paiment of Tythes came with this clog unto the Lords and great men of the Realm and hath been so transmitted and passed over from one hand to another until it came to the possession of the present owners who whatsoever right they have to the other nine parts either of Fee-simple Lease or Copy have certainly none at all in the Tythe or tenth which is no more theirs or to be so thought of than the other nine parts are the Clergies For in whatsoever tenure they hold their Lands they purchased them on this tacit condition that besides the Rents and Services they pay to the Lord they are to pay to the Clergy or those who succeed in their right a tenth of all the fruits of the earth and of the fruits of their Cattel and all Creatures tytheable And by how many Acts of Parliament Tithes have been confirmed to the Clergy on this account in the reigns of several of our Princes unto this day appears fully in the Treatises of learned Lawyers as also what care hath been taken for the true paiment of them These things considered it is evident that by Donation the Ministery of England hath as good a civil right to the Tithes as any other persons have to the other nine parts possessed by them And I fear therefore that many of those who are now so hot for the abolishing of Tithes would soon labour if they had power in their hands to extinguish Landlords Rents also Thus Tithes are made over and held may be claimed and ought to be paid on the account of the Magistrates lawful appointment determination and Laws and the right of ancient Donation in England And these two grounds well-considered are sufficient to satisfie any man that there is no need to take them away though the Divine right of them should not bee made good Sufficeth there is a firm civil right for them But yet because Mr. P. is so confident and peremptory in denying and opposing the Divine right of Tithes though as his manner is he answers not the many and weighty arguments urged by no mean Divines and Masters of reason for it I shall view what hee saith to that plea. Consider wee then that 3 Some plead for Tithes upon the account of Divine right alledging that this way of Ministers maintenance by Tithes was appointed by God before the Law and under the Law and is not repealed or any other substituted in its room by the Gospel And that therefore Tythes are due by a Moral and perpetually binding Law of God What says Mr. P. to this It is an Old-Testament maintenance Be it so this is that is pleaded The older the better as to evidence if it be not repealed The Sabbath is an Old-Testament Ordinance and hath no New-Testament Law exprest to establish it will he therefore say away with the Sabbath What saith he to the repeal of Tythe-maintenance It seems to me plainly distinguished from the New-Testament maintenance in that 1 Cor. 9.13 14. Plainly Every man hath not so good eyes as Mr. P. I see not the least appearance of any such thing in that text 'T is well he says to me plainly for I dare engage upon my little reading that no Expositor of note did ever see any such thing in this Scripture much less see it plainly Some of them have thought they have seen the contrary to this notion in it and have pleaded from the SO for the Divine right of Tythes but none that I know of did ever behold the maintenances plainly or indeed at all distinguished in it This sharpness of sight Mr. P. shall carry away the glory of Well but he will make us see it Behold we then 'T is plain says he he argues a Simili from the like and like is not the same Now it is plain to me that Mr. P. understands not the text and that he abuseth Logick though not out of ill will to it I suppose The Logick is too too bad even for a Midsummer Bachelaur For the axiome as used by him hath a gross fallacy in it A dicto secundum quid ad dictum simpliciter It is true that like is not cannot be the same Numerically but it may be the same Specifically and is and if Mr. P. had been better acquainted with Aristotle hee might have known so much 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 10. E● c. 3. Like things are not the same simply but they are the same as to species or kind Suppose then the Apostle to argue from the like when hee argues for a Gospel-maintenance from the consideration of the maintenance had under the Law doth it follow he must mean another kind of maintenance by that which he pleads for Are not Tythes paid under the Law and Tythes paid under the Gospel alike as Tythes paid and yet are not they the same as they are one kind of