ab antiquis regibus mâ—ximè ab antecessore suo Aethelredo latas sub interminatione regiae mulctae perpetuis tempoâ—ibus observari praecipit Malâ—â—esbur de Gest Reg. lib. 2. cap. 11. ancient laws to be revised especially those of his Predecessor Ethelred amongst which were for tythes as may be remembred from but now and Thirdly 6 Quotannis quisque Deo jura justasque debitiones ritè persolvâ—to Arationis quidem eleemosynam ad decimum quintam á Paschate diem pendito foetuum decimas ad Pentecosten solvito rerrae denique fructâ—â—m decimas reddito ad festâ—â— omnium sanctorum celebre Or if not as is said Vid L. Eccl. Canut K 8. Spelm. p 544 c. 15. p. 563. De decimis ad Ecclesiam Thani pertinentibus vid. c. 1 â— p. 545. by more assurance and past all conjecture he revived awakened that notable past law of K. 1 Whereof befo e. pag. 84. Edgar made up of 3 parts twisted together for mutual strength Rule Punishment order for Execution willing that men should pay if they did not they should lose 9 of 10. And who should see things done but they who by their work were to be rewarded for their labour Which was much and as much as could be expected in tender regard to what of that little account is findes so much place and in very fast and safe accordance to what had been before Indeed it should be so States should be constant Not uncertainly whiffling up in loose and various decrees but be gravely stayed and fixed to their received orders Not giving the world occasion to think their Laws are Humane Ordinances by this That they change like men but partaking in stedfastness with him from whom they are resemble Him in Immutability who is the Same for Ever Justice and Truth are never but the same Why should then their Rules vary The same thing cannot be right and wrong at times why should the Lesbian rule warp hither and thither as 't were to say it is It may make the jealous world suspect ere long that Lawes are nothing else but witty devices to serve the contrivers own turn if like the sayles of a ship they may be shifted and turned hither and thither upon occasion and cause them wish perhaps rather they had no ordinance at all then what may be planted against their own safety finding suspicion in the sanctuary of their refuge and doubting what was given for their wealth may prove an occasion of their falling The firmness of a publick decree could never have found a fitter measure then that of the Laws of the Medes and Persians which alter not Dan. 6. 8 12 15. whereto the world owes much of its happiness nor can we ever hope for any more certainty of any thing we possess and call good on earth then there is of Justice and the rule and measure thereof is the constant Law This the wise and victorious Dane knew perhaps by cherishing such axiomes and perswasions at home victorious which made him strike in as much as might be with the past and established Laws to shake the Kingdom the less by a Couqnest and in their stability to provide for much of the wholes and his own As indeed this course often leaves a Kingdom safe with change of the head and Government quiet upon any change of Governours For the person at top is never so material as the diffused and coincorporate Law throughout the body politick which settles down and is conveyed as the branching Nerves into every the remotest member of the re-publike and which if it suffer trouble by change many a paralytical or spasmatical fit cannot but must needs go therewith disordering the whole and twinging the very heart if these are forced out of the way or suffer any considerable distention laxation mutation obstruction trouble or disturbance whatsoever which also the next Norman Conquerour found or was taught for the Nation that was in part willing or were forced to receive him would never yet give consent that their laws the sinews of the State should be touched which put him upon this hard Dilemma either to imbrace These or be rejected by Those to let Them alone or Himself never should have been quiet CHAP. XVI OUR next step the last on that side the Conquest is to Edward surnamed the Confessour That blessed man was blest indeed to be the Authour or instrument of much good to this indeared Nation He first obtayned help of God to remove and dispel that coacervation of tough humours about the throat Strumae the Physitian calls them and since from this accident of their cure The Kings Evil And which was the greater miracle obtained also the like wonder working power to be left inheritable by all his successors He raised that stately and magnificent pile at Westminster a Monument not onely of his own piety but also a repository of the Monuments of Nobles and Kings ever since who quietly sleep in that dormitory he reedified and consecrated to this use from Pagan superstition and under his roof have found ever since their peaceable safe and everlasting habitations He was so zealous and succesful for Justice that when he was gone the most people desired was but right his way And as Ziscaes Drum he being dead charmed the enemy to obedience or flight so the Concession of his Laws stilled their mutinyes often whence at their importunity too they have been continued in the Coronation oath ever since Lastly his prudence discovered or acted it self chiefly in this that treading in the steps of K. Knout before he dreaded exceedingly all perillous innovations and whatever wit or passion might suggest to the contrary knew it was safest always hearkning to reason and going in the way had been trodden and therefore adhered to this rule by choice that whatever others did He would only be wise in the way of his Ancestors To this purpose he caused to be searched and by his authority reinforced the good old Laws of the Land which whatsoever forward men may deem to the contrary is still likeliest to be the readiest way to mens great desires of Happiness Wealth and Peace For if Justice be the preserver of order that the parent of peace whence wealth riches follow to disturb the Law the foundation and rule of Justice can be no less then to trouble the pure fountain whence those precious streams must issue whereas to keep that fast is to hold the foundation sure whereon all the rest either are or may be built He then began not but continued and confirmed this following order for tythes CAP. 8. De decimis ecclesiae reddendis de ovibus et porcellis De omni annona decima garba Deo debita est et ideo reddenda Of all Corn the Tenth sheafe is due to God and so to be paid c. But the English hereof was given before pag. 63. Et siquis gregem equarum habuerit pullum
the tenth part of the profits of the Kingdom There is much both law and Constancy in those set forms 't is very hard to suggest or foist in any errour to those known inviolable pieces to 2 Stat. of West 2. c. 1 4 35 41 13. Edw. 1. Stat. of Merchants c. 1. Stat. of Quo warranto 30. Edw. 1 raise or alter a Writ requires and has had the legislative power of the Kingdom Of the like certainty use evidence and inviolable firm constancy and immutability was no doubt the way of transacting things here If we light upon truth anywhere we may hope for it in those lines which have been so often handled and reviewed and which have themselves handled and disposed of so much of every mans estate as in the whole amounts to that part which is the tenth of every thing Some of many would have found the fault if there had been any nor could the iniquity have remained unespyed in that most men had their eye upon and suffered by whereas none did Here Therefore it is very likely to have been good and Right which All as Such have looked upon and None been able to espy therein Errour or falsity Thus to the Cause have we subjoyned the Effect To the Law before interpreted now the use and fruit in disposition of mens estates Their wealth that dearly beloved of their souls with much patience being suffered to be transposed and change masters by its power And sentences were to this purpose as usuall as tryals According whereto followed no doubt execution who knows any thing knows this by daily everywhere experience and as before we might not suppose forms of practised law erroneous and deceitfull So here that they should being such have found so ready and universall obedience or that a wrongfull sentence should have intruded to take place especially sith to generall prejudice Draining mens purses of much of every thing and they the whole world so fast asleep that no suspicion was stirred up of the legerdemain Nor so much as any outcry heard of so spreading and universall wrongfull incroachment Surely no There was no such thing but a Just sentence upon due proceeding Both cause and effect Rule and Order Law and execution were according to Right and as in any other the Kings Courts these temporal-spiritual things were orderly and legally disposed of and setled Here by that law which ordereth disposeth setleth and even Giveth all things Upon all which would follow also one thing more That if all these things be Thus Not Colours but of substanceand reality If such law have so passed and ought to be obeyed and has And to part with be now by vertue thereof Not to Give but Pay Debitum Justitiae and of Right Ought to the service of God not Debitum Charitatis a bequest of love and good Will Hereby is way made not onely of bringing home these Dues safe and sure to their Right owners the Just Claimers but also of bringing home further all those forceable exhortations to the payment of them in Gospel-dayes to Gods service even under those Strong reasons which were heretofore used by the Prophets and wise good men under the Temple Law And with us may be said Give and Pay these due Debenturs to the Christian service as wel and upon the same grounds as they heretofore used by which they were then urged to be paid For they required them but as Due Due to God sc for his service Due by their Law Sacred in their Polity and which Immediately came from God Now although we do not so plead them as strictly here due by any divine Law among us given on the Mount or written with the finger of Gods hand yet they are by that Law and Sacred too and apportioning them to God that is his service too which as before giving them is ratified and confirmed as all Just powers and Laws are by him that dwelleth on the Mount who approves and sets to his seal to be Just and Good whatsoever Orders Ordinances Laws or devices his people as so many additionary explicatory or by-By-laws for the good peace and order of the place where they live not crossing the Common shall make for establishing and perpetuating his honour by means of their own created Justice and so a kinde of Divine and certain though Mediate and consequentiall way of confirmation they have from the powers above still At least ground enough to say in the sense of heretofore 1 Ecclus. 35. 10. Give the Lord his Due with a good eye and Consecrate thy tythes with gladness Give yea Pay unto the most High according as he hath inriched thee and as thou hast gotten give with a good eye that Law which is in a sense his Sacred law hath commanded it For 2 Levit. 27. 30. All the tythe of the Land of the seed of the land or the fruit of the tree is the LORDS Now Holy to the LORD And concerning the tythe of the Heard or of the flock whatsoever passeth under the Rod it is now holy to the Lord likewise Therefore 3 Deut. 14 22. thou shalt truly tythe all the increase of thy seed that the field bringeth forth year by year and 4 Mal. 3. 8. Bring All into the storehouse and try whether the Windows of heaven shall not be opened for recompence My Tythe into my Storehouse for 5 Num. 18. 20. Behold they are given If not I have given I have ratified their gifts who have given them to the Levites of the New-Testament for the services they serve in this tabernacle of the Christian Congregation Moses said Exod. 22. Decimas primitias non tardabis offerre Domino as in the Old Latin And King Alfred says Thine Tything-scot c. give thou to God in his translation and imposition of that law upon us which our just government and by consequent Our God approveth K. Ethelbert said K. Offa said K. Ethelwlph K. Edmund K. Edward said so both the elder and younger on this and that side the Norman turn beside other and it hath been digested received approved obeyed practised by in our 6 Leges Sacratissimae quae constringunt homjnum vitas intelligi ab omnibus debent Cod. de leg l. 9. Sacred Common-law if I may so speak that they Must and ought And so We as They require Them in the words of Scripture the same words as They and to the same generall end upon the same ground of a kinde of English Sacred-Law Pardon that Epithete and admit a Justification As such I look upon and May call all those which being Civill and Common as Sanctions even with us have a touch as it were and Derivation from God and so All Sanctity or Sacredness cannot simply be abstracted from them As the Wise and in his memory so much reverenced Chancellor Fortescue averred and justified to our young Edw. 4. King Henry the sixth his Son in his
211 Chap. 28. What particular and Ruling as well as Judging Lawyers have said The Lo. Cook M. Saint German Fleta Bracton c. And an insinuation of their allowance from the proceedings in Temporal Courts inferred from the form of Prohibitions in the Book of Entries Natura Brevium c. p. 219 Chap. 29. Collection and Re-inforcement of all Hither p. 227 Chap. 30. Of Possession the second ground of Right The great force it has abroad as that 1. It gives Right 2. Was the first Right 3. Is a very Right 4. Against All but One presently 5. Against him at last 6. Against an equall Right at any time 7. Against All till eviction 8. Helps to Keep what it could not Get. The Application of this force Hither with answer to Doubt How the Churches Person or Man Possesses what the Owner has sc As a Right Which may be Invisible though the things be Corporal pa. 230 Chap. 31. This Strengthened by being possessed for God What would follow thereon That such a Thing May be from Scripture What Laws say It is so Among Us. Their Ordination to Heaven Hence they Could be styled CHRISTS-SHARE were tryed in the Court of Religion And Their Surreption Can be Sacriledge The Application hereof and Inference of Necessary Wariness lest if it Be not it Should be Thus. p. 248 Chap. 32. Praescription the third ground What it is The Power of it Chiefly here in England It s severall Measures of Limitation by the Civill Feodall Canon Common and our Statute Laws It s Equity Necessity and Conditions The Application Hither with Time made good for Many Praescription-spaces chiefly from M. Selden p. 263 Chap. 33. A Recollection and inforcement of All. Appeal to the Lawyers That they have So understood these things and Judged Particularly to Sir Henry Spelman and M. Selden p. 283 Chap. 34. Also to Practise and what hath been Seen Done Way made Thus to enforce Payment not Giving but Just Payment with us in the very words of Scripture Even Our Law Sacred Every Minister thereof a Priest This Supposed That Mediately but Certainly Tythes are Then with us Due in this new way Jure Divino For God is at the top of all Just Humane Ordinances This strengthens the other At least we have a Dueness by Civill Right Id quod erat demonstrandum p. 298 Chap. 35. Exhortation then to the discharge of Morall Duty in Just Payment by Arguments chiefly from Scripture As from Moses Precepts in the Old Law Christs in the New Our Righteousness must exceed the Pharisees yet They went Thus farre Do as we would be Done unto the Fear ofâ— God Examples of Just and Vnjust men Do Justice Love Mercy Hate Cruelty Give every one his own c. which are the Great good Works of the Christians Law Close to All and Some to let every One have That The Magistrate declined all along Here onely saluted The whole meant to Private Persons With the Conclusion 307  And a Prayer 335  And a Post-Script 337 These the CONTENS The CHAPTERS follow THE INTRODUCTION Deo Ecclesiae Patriae Tibi JUstice and Righteousness are among the great things of the Christians Law They mistake Religion who understand it to direct only in heavenly things one part whereof is to make Honest Men and while the Decalogue is within the compass of our Creed and we believe both Tables of Gods law to contain our Morall duty the scope of one must be rightly understood ever to guide our outward morall civil conversation It is an age now much treating of Religion and hard to suppose that any of those who are most forward would willingly and knowingly leave out one half leading men to God with neglect of Men and trampling down all Civil righteousness in order to Heavenly This makes it the more needfully considerable what that Righteousness is that we may not seem to love God with neglect of our Neighbour or in zeal of Religion to permit our selves unjust but so to make our pilgrimage through this world that we leave the reputation of Honest men behinde us and so to pass through things temporall that finally we lose not the things eternall Particularly in that great and so much vexed case and controversie of the remainder of the Churches Patrimony in TYTHES which many look upon as of no more Right or Wrong to continue or withdraw the payment of then in relieving a Beggar with an Alms at the door They may or may not what any advantages shall give opportunity to with equal liberty and no wrong to a just Conscience parting or not parting with as they can contrive or shift and so take to themselves that boundless license the Apostle has given in another case 1 Cor. 7. 36. let a Man in this do what he will he sinneth not As if to venture upon the spoyls of the Church were no more then to divide what men have taken in hunting to defraud Religion not so bad as to disturb Humane Right and yet that is bad enough and yet this is worse And to remove the pillar worldly of Gods service of no greater guilt or doubt or fear then to seiz upon that a man finds in his way or to fetch Timber for building a new house or repairing his old from his own Leâ—anon A great mistake whereof the Enemy of all goodness makes much advantage being like to reduce the Lords Ministers hereby to great streights and to get the daily allowance of oyle withdrawn which though ordinary in it self was wont to be consecrate to keep light in the Temple by subtracting Levi's portion I mean to disable Levi himself from attending the service of his God As 1 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Arist Polit. lib. 1. cap. 3. how can worldly men live in this world and follow worldly business as to the outward part to be studyed and acted by Man even Gods service is without worldly maintenance Such consideration as these awaked my thoughts to that I took to be a very needful enquiry scil Whether Tythes had indeed any of that we callâ— Right or good title among Men demonstrable to hinder the subtraction by any that are conscientious A Right in equity for maintenance of Gods service Luke 10. 7. Sure this is very likely A right in Justice by Divine law 1 Tim. 5. 8. which apportioneth in the New-Testament to 2 Mat. 10. 10. every labourer his reward 3 â— Cor. 9. 11. to him that preacheth the Gospel to live of the Gospel and this no less probable Nay for the very Tenth in kinde and proportion a worldly civil positive humane Right Such as might inferr the detaining Wrong and make it civilly injurious not to part with what is not now courteously given but justly paid I resolved it might be so I assured my self it was so And thought I had read and observed so much that reduced to heads and presented to view might perswade others also and
Ecclesiasticall Being thus then confined to mine own Circle wherin I mean to keep my self religiously without trangressing and like there to behold little but of Right and Civil Right and the Dueness of this maintenance of Religion intended Thus to be asserted thereby It may not be amisse it cannot but be very expedient to premise sundry things of Right or Rights in generall the nature ground rise strength and originall first growth of Them all with this intent and purpose That if we can finde the reason of All we may the better judge of These If we doe finde these to have the same strength and bottome to rest on that all others have to wit humane paction and the powerfull word of the severing all-giving Law which alone incloses all from the common in the same with others we may conclude either these have enough or none have any for the same Cause produces the same effect alwayes wheresoever and if here be the same ground of right there must be the same right also why should it not Now to the top of that I thus propose to my selfe to aym at I shall ascend as by so many steps by these six following Propositions beginning at the bottom where all was left at first as in a wildernesse of Community and say as followeth OF Civill Right CHAP. I. Proposition I. BY the Law of Nature all things are 1 Nec hâ—â— quidem secundum Naturam saith S Ambrose speaking of the Philosophers opinion of the form of Iustice sc to use what is common as common private as private Natura enim omnia omnibus in commune profudit Sic enim Deus generari jussit omnia ut pastus omnibus communis esset terra foret omnium quaedam commâ—â—is possessie Natura igitur jus commune generavit usurpatio jus fecit privatum de Offic. lib. 1. cap. 28. tom 4. page â—1 And upon this ground it seemes Aquinas thought it not unlawfull to re-enter the inclosure in case of a a poore mans extream necessity there having been a kinde of tacite condition at the beginning that the fences should hold but till there were a necessity of in part removing them So by that occasion All things return again to All men 22 Quaest 66 Art 7. Vtrùm liceat furari propter necessitatem And much to the same purpose the more solide Hugâ— Grot. de jure Belli Pacis lib. 2. cap. 5. Sect. 6. And Bellarmine Quò adusum necessarium sunt omnia communia positivè ità ut per nullum aliud jus possit quicunque homo prohibâ—ri quò minùs vivaâ— de rebus à Deo creatu Atque hinc est quod in articulo necessitatis non dicitur neque est fur qui ex quocunque loco accipit unde vivat de Bonis Operibus in part lib. 3. cap. 11. Respons ult common No propriety ascertained or cut out to any but all left as made in a common heap for the common use of all men As beasts come to the water and drink but ask no leave or as 2 Vno in loco non diu commorantur rati gravem esse infeliciâ—atem diu in eodem loco haerere Ortel Geog. Tab 47. vide Magir. Geogr. p. 223. Heylin Microcosm p. 659. the Hoords of Tartary which depasture and stay here and there so long as their safety or entertainment like them or lastly as some simple Indians who not knowing the craft of appropriations think themselves rich enough in that every man hath every thing So man in puris naturalibus looking 3 Natura dedit â—nicuique jus in omnia h. c. in statu merè naturali sive anteqâ—am homines ullu pactis sese invicem obstrinxissent unicuique licebat facere quaecunque in quoscâ—nque licebat possidere uti frui omnibus qâ—ae volebat poterat T. Hobb de Cive c 1. Sect 10 beyond coalition into societies and notwithstanding any divine law which approves indeed à posteriori partitions made out and strengthens them at first and as God and Nature left him is Master of Nothing but was to take what he had need of and leave the rest a very Coenobite and Another had as much right as He and He no more right then Another but He with them and they with Him were together to enjoy the Blessings of God in Common Non Domus ulla fores habuit non fixus in agris Qui regeret certis finibus arva lapis as the 1 Tib. El. 1. 3. Poet spake with opennesse and community enough Nè signare quidem aut partiri limite campum Fas erat in medium quaerebant c. so 2 Virg. Georg. 2 which yet Lactantius interprets onely of an open Bounty having no more of strict import then that of another Flumina jam lactâ—s jam flumina nectâ—ris ibant l. 5. de Iustitia cap 5. pag â—72 another and the grave 3 In Octar Act 2. Seneca Pervium cunctis iter Communis usus omnium rerum fuit And again and still smiling upon the Free and 4 Erant in Saturnâ— avo omnia communia indivisa omnibus veluti unum cunctu patrimonium â—stet Iustin 43. unde in Saturnalibus Bonorum communie Golden Age Nullus in Campo sacer Divisit agros arbiter populis lapis 5 Ovid Met. lib. 1. But by after acts came in Mine and Thine Communémque priùs ceu lumina Solis Aurae Cautus humum longo signavit limite Mensor as the 6 Sunt autem privata nulla Naturâ sed aut veâ—â—â—i â—câ—upatione ut qui nondum in vacua vâ—nâ—rum aut victoriâ ut qui bello potiti sunt aut lâ—gâ— conditionâ— pactionâ— sorte ex que sit ut agâ—r Arpinas Arpinatum Tusculanus Tuscullanorum similisque est privatarum possessionum descriptio Cicero de Offic. lib. 1. Orator tells us accordingly That nothing is by Nature inclosed to such or such a one in severall but either by first seisure as those that entred upon what was no ones or by Conquest as what the Souldier got or by Law Agreement Com-promise Lot c. and so is such a Field such a Mans or such a Farailies 7 Apologet. Sect. 39. pag. 35. Tertullian observed of his time Omnia apud nos indiscreta sunt praeter uxeres Every one had his wife to himself but nothing else It were well if our charity or goodnesse would enable or permit us approach to so great happinesse and of the new fresh inspired Christians 't is written No one said that Any of the things he possessed was his owne but they had all things Common Acts 4. 34. and yet wanted no one any thing for as many as had Lands or Possessions sold and brought to the Apostles in bank and distribution was made to each in charity or equity as he needed No more then this doe God or Nature intitle any to by name singularly Let great Possessors look to themselvs and make much
or Scripture will conclude their coequality with him Had you consulted with the Hebrew word used in the Text you would have been a stranger to so strange an inference For the words translated My Fellow might be rendred My Citizen my Neighbour my Second Hebraea vox proximum aut amicum sonat qui stat è regione alterius Et praesto est à omnia amici officia comparatus quamobrem idem in sinu patris esse ad dexteram illius sedere dicitur intercedens pro nobis Trem. in Locum my Lievtenant my Vicar my Friend So the Septuagint 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the man my Citizen or Neighbour Tremelius thus Virum proximum meum The man my Second my Lievetenant my Neighbour my Vicar or the like Tremellius and Iunius in their Marginal Notes speak thus The Hebrew word say they signifies one that is very near or a friend who stands over against another and is ready at hand for all friendly offices wherefore the same to wit Jesus Christ is said to be in the bosome of the Father and to sit at his right hand interceding for us And so the words acquaint us with these two things especially 1. That Christ is the Principall object of Gods dearest affection The man my fellow quem maxime amo saith Groti us whom I most of all love CHAP. VI. Proposition 6. HHere in England that which gives me right or title to any thing is Lex hujus Terrae or Our Law This is the Basis of all English property and grand Charter by which every man holds his estate with us The Fortune-teller yea the Fortune-giver and Maker and Creatour of all Right and Title among us which lets in first light of possibility of fraud injustice or any wrong and that alone gives place to the 8th Commandement ever to take any place Thou shalt not steal for where is no Law is no transgression if we had no right we could have no wrong and in bare taking how could I be accused to steal that which is no mans but is now by law indeed anothers By Law here I understand that which under sundry beads has been of such force with us Doctor Stud. As the Law of Scripture first which is not here a Law onely Dial. 1. cap 6. but a Law of Laws whatsoever is here done against it is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as against the Law of the Land and farther if any Law be made against it that Law is a grievance and an offence and thereby both unlawful to obey it and the order it self null as more then revocable revoked as if it were made against the great Charter Upon which ground also Dismes are here due saies 1 id ibid. fol. 11 a very good Lawyer Then have we the Law of 2 Rep 7. Calvins Case Doct. Student Dial. 1. cap. 5. Reason or Nature or Nations taken in likewise into our Code or Canon so that whatsoever is done against the same generally received is against Our Law as was said of the imbraced Scriptures to us Christians and 1 Because it is written in the heart it is never changeable by no diversity of Time or Place and therefore against this law Prescription Statute or Custome may not prevaile and if any be brought against it they be not Prescriptions Statutes nor Customes but things void and against lustice id cap. 2. fol. 4. as a crocked Rule made by a streight to make right lines by As in the Empire Omnes cujuscunque majoris vel minoris administration is universae nostrae Reipublicae Iudices monemus ut nulluÌ„ rescriptum nullam pragmaticaÌ„ Sanctionem nullam sacram Annotationem quae generali Iuri vel utilitati publicae adversa esse videatur in disceptationem cujuslibet lâ—tigii patiantur proferri sed generales sacras constitutiones modis omnibus non dubitent observandas Dat. Kal. Iul. Constantinopol So the Emperour Anaestasius Cod. lib. 1. tit 22. l. ult this likewise as that a Rule of Laws Also that law of Reason spun out into certain as it were derivative branches which are so many sorts of that wee call positive Law as 2 General whereof the Student to the Doctor Dial. 1. cap. 7. as the third ground of the Law of England or particular whereof cap. 10 16. Bract. lib. 1. Sect. 2. Law Customary 3 Whereof the Body given by Bracton Fleta c from times before Law Common 4 Vide Doct. Stud. Dial. eod cap. 11. Law Statute 5 Cook Instit 1 fol. 11. b. Law Maritime or that of Oleron published by our Rich. 1. there but of English mint though there cast and named the English Sea Law it is made at Oleron The 6 Cook ibid Instit 4. cap. 22. pag. 134 c. of the Court of Admiralty proceeding according to the Civil Law Civil Law also as in our Courts of Admiralty and Marshalsey and generally supplying 7 Atqui interea è locis superiùs ex Iure Caesareo ab Iurisconsultis Nostratibus Fletâ utpote aucore Bractonio Thorntonio celeberrimis ac Iudiclis cum primariis quantum ad posteriores binos attiner Praefectis ita allatis expressÃmque indicatis atque in rerum quas tractârunt probationem argumenta sic adhibitis idque velut authoritatem aut saltem rationem cogentem prae se ferentibus manifestum fit Vsum qualemcunque neque cum adeò obscurum apud Majores nostros â—o in seculo juris ejusdem aâ—que illius librorum in discussionibus nostris etiam ex jure Anglicano definiendis invaluisse Not with intent to submit this Kingdome to Caesar or his Laws or relinquish our own sed ut tum ubid effct nostri Iuris praescriptum expressius ad rationem etiam Iuris Caesarei ratione suffultam recurreretur tum ubi Ius ntrumque consonum etiam Caesarei quasi firmarecur explicareturve res verbis Seld. ad Flet dissert cap. 3. Sect. 4. pag 472. the defects and eeking out the imperfections thereof by its larger spread body eztending thereby to many particular either determinations or reservations helpfull where the brevity of our shorter Rules and Maximes of Prudence could not reach Lastly the several pieces of allowed 8 Cook on Littleton Sect. 648. fol. 344. of the Iurisdiction of Courts cap. 74 p. 321. Canon fitly called the Kings Ecclesiastical Laws Doctor Student Dial. 1. cap. 6. fol. 11. which though ministred by Church-men Artic. Cleri 9 Edw. 2. is or was one of the Kings arms of Justice Cricumspectè agaâ—is 13. Edw. 1. whereby he reached out his helping power Stat. of 24. Hen. 8. 12. and exercised some part of his Ecclesiastical Jurisdiction to some persons Sr Th. Smith de Repub. Anglican lib. 3 cap. ult and in those Cases it concerned him to have both ended and thus ended and accordingly was All these are so many Oracles of Justice Pillars of Right Distributioners of
gentes aliud constituerunt Cum autem lex civilis aliud constituit a eam observari debere jus ipsum naturae dictat Grot. de jur Bell. 2 2. sect 5. the Kings and so generally we are ruled by our selves Our own law is the measure of our own right we have that and that alone but that firm and it is injury and that injury alone to dispossess us of that our own nationall home-binding Laws have setled as they have That is Here nothing else right or wrong Some seem to go farther in requiring to property in the Common-wealth a right in Religion to have a right in Christ or none in the Creature for whose sakes is that question cut out An dominium temporale fundetur in gratia or as others An gratia sit fundamentum dominii temporalis but besides that the discussion hereof moves properly in another sphere I beleeve if they be understood aright their desires may not be altogether irregular for of that Civill Right we speak of they require and seem to have enough in Civill determinations To purifie so the conscience in the sight of God they may say perhaps we must have more our nature amended by Christ sanctified and by application of him himself owned and so only to the Pure are all things Thus pure But to peace and order and right among men here the determinations of the lower scene are enough and he breaks humane laws that couzens or steals what is but so setled by them and by consequent Gods because Mans. It were hard to say that as on the one side a sanctified man should finde no more sweet in Gods blessings of the same kinde then a heathen or a publican so on the other that any should be so vain to think that a wicked man is thereby an out-law having no faster seat in his possessions then that a godly neighbor may turn him our of doors to morrow and by vertue of his share in Christ the heir of all things create himself a principality in present of all the wicked mens wealth in the world The Indian is sure master of his own gold and spices the King of Spain of his Indies and a Jew or Turk of their severall Owns nor can the most deboist Ruffian amongst us worse in some regard then Turk Spaniard or Indian but be so true and rightfull a Master of his own wealth that his most hellish wickedness cannot turn him out of it in this world unless his prodigality do that he should be henceforth a thief of his own wine or cates or so meer an usurper that any of Gods servants may usurp from him indeed and rob him as the Israelites did the Egyptians in equity and conscience Far be this from every one has truly learned Christ so to think or do 'T is fit every swine have his own stye every dog be let alone in own kennell The grace of Christ teaches us to use our own not censure others to be thankfull for what we have not covet what is other mens There were that it hath been laid to their charge they have endevoured to subvert those laws to bring in the Civill and do some such things as Stephen was accused to say Jesus of Nazareth meant To change the Ordinances that Moses gave them Acts 6. 14. vid. Cap. 21. 21. So these what K. Alured St Edward King Edward Henry Elizabeth James and other Law-founders have with much bounty of wisdome distributed out unto us But if this would have been such a transcendent attempt both of folly and tyranny that it would have ushered in more injury then ever the Conqueror could who changed the Governor but could not the Laws kept and was forced to keep that body intire only he set himself a new head at top and would have rendred them questionless guilty of that Crimen laesae Majestatis or highest offence whereof Glanvill speaks in the very beginning of his Book De nece vel seditione domini Regis vel Regni leaving little else for a foraign Enemy to do sith the taking off these would consequentially have taken away all things For pretend they to amend hereby what they would bring in the twelve Tables the politicall part of the wise Alcoran the Partidaes of Spain Arrests of France or whole voluminous bulk of Justinian and Accursius there could have followed nothing else with us but unsetledness of all mens estates which are the gift of our Law alone and by that alone guarded and preserved disorder ignorance multiplicity uncertainty and to those that had any thing the worst undoing even by law and that this should settle them besides their own all they are now owners of For new instruments must have a new work a new-fashioned rule draw a new-formed line a new Law have a new Righteousnesse and so our Fees Socages Burgages Claims Entries c. would all have been put out of their old course into another that new and perhaps not consistent with our Government perhaps not with our selves and in a word a New right and what were then become of the old and All as many as had any thing by it Some would have stuck to this others to that another parcell to neither a fourth only to the right that we had and is best because fittest and used loath to stay in Babylon when they saw hopes of Sion while in the mean time all vary and Sion is made no better then Babylon No whole part can tell whither to take and unity being gone thereby a new sad way paved in division to war poverty ruine desolation and by Anarchy extreme disorder and very confusion Let them bear their rebuke whosoever they be that should have attempted things so monstrously exorbitant and full of sin as well as injustice All 't is like would have been hereby at stake if not All lost for our Law gives and preserves us All and the taking away this or changing must needs then have taken away or indangered All According to what a Lord Chief Justice said not long since The Law is the most common birth-right that the Subject hath for the safeguard and defence not only of Goods Lands and Revenue but of Wife and Children body fame and life Cook Instit 1. and Bracton before Justitiu dat unicuique quod suum est lib. 1. cap. 4. All is the bequest of Justice and the parent and guide thereof is the Law And thus my Porch or preparatory Preface seems well nigh finished raised upon six Pillars as I take it of firmnesse enough touching the nature ground rise growth strength and perfection of ours and all Civill Rights There may have been some mistake in tempering the morter disordering the materials or blemishing the whole by unskilfull handling but the truths howsoever seem solid and their use enough chiefly in this relating for which they were given to all follows That if this be the nature of Civill Right and All mens best and tythes have This
be free from all Tributes and regall services Speed hist lib. 7. cap. 32. sect 6. tythes Then in his acknowledgement were 6 Martyrolog lib. 3. pa. 136. ad an 844 in the life of Ethelwlph Mr. Foxe somewhat faintly the tythe of the Kings lands and goods in West-Saxon-rick with freedom from Servage But a 7 Ier. Stephens in pag. 132. of Sir Henry Spelman of Tythes late setter forth of a very learned and pious tract of this argument alledgeth it for a perpetual right of tythes and above All 8 Mr Selden in his Hist of Tythe cap 8. pag. 206. he that had compared most accounts and was as well able to judge as any and now after neer thirty yeers of painful and succesful study is yet living and ready no doubt to make good his constancy and justifie his opinion then published and not appearing yet revoked makes it out clearly for a right and law of tythes His words are these If we well consider the words of the chiefest of those ancients that is Ingulphus we may conjecture that the purpose of the Charter was to make a general grant of tyths payable freely and discharged from all kinde of exactions used in that time according as the Monk of Malmesbury and John Pike in his subplement of the History of England express it Decimam say they omnium hidarum infra regnum suum a tributis et exactionibus Regis liberam Deo donavit that is granted the tythe of the profits of all lands free from all exactions For the granting of the tenth part of the Hides or Plowlands denotes the tenth of all profits growing in them as well as Decima acra sicut aratrum peragrabit which is used for the tything of the profits in the Laws of King Edgar Ethelred c. and doubtless Ingulphus no otherwise understood it then of perpetual right of tythes given to the Church where he remembers it with tunc primo cum decimis c. So that the tythe of prediall or mixt profits was given it seems perpetually by the King with consent of his States both Secular and Ecclesiastick and the tyth of every mans personal possessions were at that time also expresly included in the guift because it seems before that hitherto that learned man the payment of all tythes had commonly been omitted Not so neither for what was then the operation of those weak and yet intended strong and powerful Canons before mentioned made with so good advice and strengthened with the twisted powers of both States in Mercia and Northumberland besides what in Kent a Rege Baronibus Populo But for All the land it seems none before had power of imposition and for West-Saxony none had attempted for the King that was present at opening of the letters we found not there at the conclusion of the businesse 1 Pag. 70. before So that Tunc primùm for this and for All together the decree might go forth here successefully and the liker it did for that as before we read of no more Donation but Confirmation no need to Settle after but order as was said to Pay So that considering the power was then vested in the Monarch-granter and also the consent of Tributary and as it were pupil-Kings with Nobles Peers and all their people Consider likewise the interpretation of dark words by those whose inspection was like to pierce deepest into the meaning of what was delivered or is perplexed with obscure expression And after interpretation fairly setting of such a purpose we need not doubt to conclude That so long agoe as those remote times about 800 years since above 200 before the Conquest even then when the Common Law was but in her swadling-clothes whereof little hitherto if she were then born as I beleeve she was Even then and as soon and fast as we may believe the power of Christian Religion to have had its work in the bosome of beleevers to make them contrive a continuall and setled support for their soul-saving new-come Gospel Tythes had a publick vote which created a legall Right And though I will not say All was done accordingly and the objection of after Arbitrary consecrations possible in some sense may take place in their way notwithstanding yet as farre as Law may create a right Then were Tythes no longer a part of Benevolence and Bounty but of distributive or retributive Justice every one living within the compasse of the Church being bound to pay back this support for the Ministery thereof in fulfilling those generall Canons of the New-Testament that call for maintenance and would not have the labourer uncertain of his reward but the Oxes mouth unmuzzled to take thus much and the Catechist to partake with the Catechumene in all his goods For we are not to look upon Regall and Legall commands as empty Cracks fit onely to fill the world with noise and clamour and exercise the chat of the busie multitude or learned mens discourses but Canons well mounted which being discreetly levelled also are able to make their way through whole squadrons of opposing Rebels to Law and Justice of that irresistible power that though private men would they cannot contradict evade or gainsay As being those words of publick vote and highest authority that if they say Yes will have no Nay The most serious disputes and results of Reason that are extant amongst men and that have this soveraign property always annexed to them That they of all other look not to be Disputed but Obeyed Lex est sententia qua bona tum praecipiuntur tum mala prohibentur sayes Jo. Lexie Iurisprud pa. 526. in vocab Lex Calvin Jus est authoritas seu facultas agendi secundum legem Justitia est virtus perducens ista ad exercitationem Proinde quoties audis has voces Lex Jus Justitia statim cogita monente Oldenb te divinum aliquid atque excelsum audire hoc est veram à Deo ipso dictatam honestatis formulam Almost the voice of God and not of man as if they were Neither is one thing more to be omitted who was present and assistant at this great work Him I take the world to have since owned and remembred by the reverencing name of 1 Vid Spelm. Concil â—om Eod. pa. 349. St Swithune formerly the Kings Christian Tutour now his Chaplain Bishop of Winchester and 2 For the King was committed first to the Care of Helmestan Bishop of Winchester and by him consigned over to Swithune Heimestan dying he was made a Deacon and elect if not Consecrate Bishop of Winchester and thence resumed to the Crown Speed Hist lib. 7. cap. 32. sect 1. subdiaconatus ordine initiatus Polyd Virg. Hist lib 5. pa 91. Vid Stow. Chron ad an 829. Hen. Huntingdon lib. 5. pag. 348. successor of the King himself in that See blessed by God to keep the Kings heart and the state of the Re-publick firm to Christ in that tottering
Things so settled do no doubt often contract a right in Time which if the power be able to support and bear it self out doth with continuance grow up and soder into strength and firmnesse enough able ere long to walk the world without guide or aid or we have little of stayedness and solidity here in England If we go about to undo all of secular depending on sacred which had its first rise and that whereby it yet stands from Rome We need not go beyond Sea for Babylon it will come home shortly to us and we shall have confusion enough within our own Thresholds Though we do not in present we must allow of many things done heretofore and settled by usurpations proceeding as well from abroad as exercised at home or the fruit of weightiest transactions will be robbed away from us perhaps the pillars of the Common-wealth shaken As to those three Epistles the first of them gives order as 't were by a binding Law thus 4 Cap. 5. Pervenit ad nos c. Mandamus quatenus Parochianos vestros monere curetis si opus fuerit sub Excommunicationis districtione compellere ut de proventibus Molendinorum Piscariarum foeno lana decimas Ecclesiis quibus debentur cum integritate persolvant It was for four sort of Tythes to be paid of Mills Fish-ponds Hay and Wool having after monition Excommunication to refusers 1 Cap. 6. The next is to the Bishop of Winchester Nuncios infra Mandamus quatenus Parochianos tuos de apibus de omni fructae decimas persolvere Ecclesiastica districtione compellas for Bees and Fruit. 2 Cap. 7. The last to the Bishop of Excester Cùm homines de Hortona de frugibus novem partibus sibi retentis decimam Ecclesiae cujus Parochiani sunt sine diminutione solvere teneantur antequam id faciunt servientibus Mercenariis suis de frugibus non decimatis debita totius anni pro servicio suo impendant tunc demum de residuo decimam solventes Mandamus quatenus eos cogatis ut decimam statim fructibus collectis persolvant atque de subtractis retentis dignam satisfactionem exhibere procurent It seems they were willing to deduct the charge of the Fermage before they marked out the Tythes paying their servants out of the fruit for the work bestowed about them and so apportion onely out of the free bounty of heaven 3 Cap. 22. 26. 28. sequ Vid. Lyndewood tit de decimis cap. Erroris Cap. Quoniam propter cap. Sancta Ecclesia a thing much stood upon and by this Law stood against which willed the tenth of all as it grew and so was the pattern of the Old Testament Their seed and labour were also chargeable yet they were bound up of All without any deduction And if Jehovah gave them their land which presuming they would sow he might the better expect a charge from his own gift This exaction is no less reasonable or more burdensome from us who Give nothing of our own but issue out onely what was Given and set aside by others it Iehovah required to be restored back to him of his own we doe but pay what others of their bounty Gave And therefore with them as to separating any thing we are possessed of in full title as our Own Jam sumus ergo pares Out of the Canon 4 Annal. par 2 pa. 543. Edit 1601. Francofur That it was taken out of the Councel of Rosne ex Concilio Rothomagensi the setter forth hath noted in the margin Roger Hoveden points us to another plant growing in our own soil which no doubt lived to take fruit downward and bear fruit upward and it was set toward the end of this Hen. 2. time by Rich. Archb. of Cant. in a Synod at Westminster the Lo. day after the Ascention where the King and his son being present passed thus Omnes decimae terrae sive de frugibus sive de fructibus domini sunt illi sanctificantur Sed quia multi modò inveniuntur decimas dare nolentes statuimâ—is ut juxta Domini papae praecepta admoneantur semel secâ—ndò tertiò according to the High Commission before given out by Will 1. ut de grano de vino de fructibus arborum de foetibus animalium de lana de agnis de butyro Caseo de lino Canabe de reliquis quae annuatim renovantur Decimas integrè persolvant or if not Anathema A full and plain Law speciatim for Corn Wine Fruit breed of Cattle Wooll Lamb Butter Cheese Flaxe Hemp and all that grows and renews yearly c. and of what power in the state may be guessed both by from what before where the Superiour Powers had joyned to intrust the Church in such matters which implies their authority still and further here the K. and his son gave the present countenance of their persons to patronize and establish it And heed also the Dueness supposed in the beginning they were not now so much willed to be payed as shifters to be brought in to discharge of known duties Elsewhere also in the same 1 Par. ead pa. 75. Authour Hubert Arch. of Cant. kept a Synod at York the Tuesday after Saint Barnabies day 6 Rich. 1. where one of the binding results of Councel speaks thus Cum Decimae sint tributa egentium animarum ex praecepto Domini dari debeant non est reddentis eas diminuere Therefore all to be paid without any diminution for Fermage of which before entirely And much severity is again in another 2 In ead pa. 808. Provincial of the same Hubert afterward with Excommunication to those should withdraw any thing to pay the Harvest-mans wages or the charge of new-broke grounds or not to the Parish Church c. But because this meeting was against the Lord Chief Justice his Prohibition and so had not the authority of the secular power I pass it over though then it were of some doubt whether such meetings were valid which is since clearly resolved that they are not by the Statute 25 Hen. 8. 19. And so for another 1 Ib. Pa. 809. Canon against whether Templars or others should receive Tythes from Lay-hands in the same Authour To some time of Hen. 2. is referred a Councel Lateran under Alex. 3. limiting the former liberty of paying to Any Church to the Parochial as fittest to have benefit and nearest to take the dues up though later and quicker apprehensions remove the scene to Innoc. 3. who in K. Iohns time expressed his single will onely from the Lateran Church This gave the mistake or might well M. Selden has it from the 2 Cap. 8. sect 23. Vid. cap. 10. sect 2. print and the 3 Instit 2. pa. 641. Lo. Cook from the more authentique Roll in the Tower speaking fully what a papall Constitution might and no more thus Pervenit ad
stranger to their proceedings nor as to gain or lose did I ever do or suffer what might import favour or wrong to be thereby holpen or hindred at any time Onely this I have heard spoke out by the clear and loud fame of the world That here mens rights were tried and examined and lost and recovered Pleas were heard and sentence given and that sentence did or should or might have found obedience If all had not been right and square as we say exactly justifiable If there had been any remedy at Westminster or any where else that could have been thought of If the Goddess Themis had had any Asylum or refuge upon Earth whereunto covetous and carnal men might have had recourse in their fears with any hopes of protection in those affrighting tempests that like some kinde of lightning melted their gold and silver in their purses yea out of their purses No doubt but such desired shelter would have been made to with greatest diligence and truest endeavour Questionless in what dark or remote corner soever it had hid it self above ground men would have both sought it carefully and found it successfully Undoubtedly every one man would have told his neighbour and he another these more and by degrees all The information would so soon and luckily have propagated it self that no manner of doubt should now have remained whether such a place had been or not the path would have been more trodden to it then to any Church or Market-place in England But they knew there was none such They knew all was there of this nature while it was firm and answerable They knew those sentences were there in their kinde by the approbation of all men and Authority of the Law valid as those at Westminster Pulsa dignoscere cautus quid solidum crepet They knew Try whoso would There was that solidity Civil Laws did approve successions of Parliament had allowed the King had given leave the whole State had given allowance of those proceedings and above all the Law held them just and according to Law And so unless her self would contradict her self the head fall off from a principall member or Justice oppose Righteousness They all the Magistrates Powers Laws and Lawyers of England knew and could not but pronounce a just sentence in that Court for Tythes to be just were it for sheaf lamb fruit venison the tenth Thrave or but a Tythe-lock of wooll What a sentence did at Westminster that a decree did there What a Verdict and Judgement upon an Assise That a conclusive determination upon mature deliberation did here and What sufficient ground of Right that gave of Dominion that a man might thence claim a piece of ground or debt of money Hic codex est meus Haec domus est vestra By equall vertue of a like sentence here this due charged upon every parcel of land or herd of Cattle had declared right yea and judgement for it in order to execution Or if any would not come and submit vocetur primò secundò quòd si nec sic ad emendationem venerit Excommunicetur as tertiò leave was given in the Charter Thus as to the power intrusted with the Church I have now almost done we see what the Supream Authority gave in Commission we see what use was made of it we see what connivence or more there was of all other powers and what obedience likely but of this the less being unacquainted at Offices We cannot in short doubt but the Church made Laws about Tythes that they caused them to be done to execution that the State inabled them that the whole Civill Power more then connived or permitted appointed authorised and strengthned that power whereby was acted thus according to office and duty on one part and leave desire expectation and full trust on the other The result of all doubtless a full right a clear assured undoubted fast safe and honest title as good as Any had to Any thing and the evidence of things may discharge the superfluity of more wast words If any right were anywhere it may doubtless be reasonably thought to have been unavoidably Here Sure and Thus. There remains yet one onely thing more somewhat in intention was never quickned to full Act but was purposed to give much in little the life spirits and vertue of all before in the new intended to be purified Canon Law by Hen. 8. authority A thing often glanced at but here fit to be represented together and briefly and summarily was therefore thus The 1 25 Hen 8 19. Clergy upon casting off the yoak of forain Supremacy and submitting to that King petitioned to have the Provinciall Synods and all the Canon Law as far as of force here to be viewed and purged and this to be done by thirty two persons to be chosen by the King wherof sixteen of the Temporalty sixteen of the Clergy The King granted readily what perhaps he had willed to be asked and the persons were to be members of the present Parliament but because so great a wheel could not be brought about in so little time the Parliament sitting their desires inlarged were also granted that it might be done after and then so many Canons as should continue approved should be retained the rest as refuse cast away This was upon the matter to furnish the Spirituall Court with a new rule wherto as much of the old as would should have served the turn again but till that were done what was in being to remain and this so farre intended and minded even with an eye to this very particular that after when a 2 Provided always and be it enaed by Authority aforesaid that this Act for Recovering of Tythes ne any thing therein contained shall take force effect but only untill such time as the Kings Highnesâ—e and such other 32 persons which his Highnesse shall name and appoint for the making and establishing of such Laws as his Highnesse shall confirm and ratifie to be called the Ecclesiastical Laws of this Church of England And after the said Laws so ratified and confirmed as is aforesaid that then the Tythes to be paid to every Ecclesiâ—stical person according to such Laws and none otherwise 27 Hen. 8. chap. 20. new Law was needed for Tythes Proviso was thought as fit to be added that it should obtain but till the promised reformation In the mean while time slipping away and little or nothing done in the business under nor after Parliament there was need to have the power 1 27 Hen. 8. 15. renewed for longer date which was done once and again and so at length for the whole 2 35 Hen. 8 16. time of the Kings life K. Edw. 6. also 3 2 3 Edw. 6. 11. continued it for three years in his time All repealed by 4 1 2 Phil Mar. chap. 8. Queen Mary but revived by their 5 Elizab. 1. c. 1. Maiden Sister The fruit I find
no less then the work in some sort done and published in the Queens time by J. F. but reprinted about ten years since under the title of Reformatio legum Ecclesiasticarum ex authoritate Regis Hen. 8. inchoata deinde per Regem Edw. 6. provecta ad auctaque c. Londini 1640. Where heed the title It was but Reformatio legum Eccles in what form soever the new Mint should have come forth made of the old metal Not Inventio Rogatio Interrogatio Promulgatio of any thing anew but its very self Reformatio Confirmatio or Novatio a new setting out of what had been before Not the sending for new Tables to Athens or such godly and costly proceedings as the poor blind Indians must make rising from the flat level if it shall please God at any time to give them repentance to the acknowledgement of the truth that they may recover themselves from the snare of the Devil who are taken captive by him according to his will To make their Native Ordinances square and fit into one building as to the new teachers maintenance Raising perhaps the tenth fliece from the flock the tenth lamb from the fold the tenth sheaf from the shock by a costly devotion and out of their Own creating unto him a new Right But to revise and settle that which was to consider the ways of taking up remedy the inconveniences remove the obstructions and scoure the wheels upon which suits moved still leaving the thing they found they needed adde no more but say Those rights shall be paid that have been This all they intended a Reformation not destruction which would infer need of a new creation Not to adde an apple or an aye more as that Poet said which I shall always account unjust unless with much caution limited and would not have done for God or man No not for Religion which needs not injustice or that any be put out of his Right for Gods sake And God be thanked as things are and the world has been devout heretofore and devoted it needs not Let but God and man have their Due and Religion is well provided for We may talk of raising more by fruitfull beneficence and the good will of men shall move Mountains this way But let the Law of the Gospel have but our equall justice with discreet administration of that which is and it seems not to want already what the world can or need do for its outward sustentation by what was done for it before our fathers were born Well this plotted Reformation as 't is called to go on was as to the work to be performed taken into four quarters and each quarter again into as many Cantons whereof every one had two Bishops two Divines as many Doctors of Law and so many Common Lawyers contributing their powers and endeavours to study act and oversee and to perfect all Sir Walter Haddon and Sir Jo. Cheek were to fit it with ornament for the setting forth which they did representing it to the world and so it is now to be seen dressed up in a very fair Robe of curious Romane language As to Authority published it was with two Manifestors of the two Princes willing it 1 Strictè praecipientes ut his nostris Constitutionibus vos omnes singuli tà m in judiciis quà m in Gymnasiis utamini Hen. 8. in Epist prafixa to be studied and followed in Universities and Courts 't is hard to give the reason why it was not All which was needfull to know that we might infer of what power and authority is that we shall alledge One 2 Pa. 215. title is de Decimis having under it nineteen Chapters as followeth Cap. 1. Decimas esse solvendas Quoniam Dominus noster Jesus Christus hanc ipse legem sancivit ut qui doctrinam inter homines conferunt ex docendi labore praefidia vitae metant ejusdem Domini nostri testificatione Digni sunt mercede quicunque sunt in opere Porrò divinum jus scriptum bovi trituranti cum os obligari â—on sinat nobis exemplum divinae clementiae repetendum est validè videndum ne vel nimia nostrorum hominum avaitia vel negligentia fiat ut Ecclesiarum nostrarum ministris justi convenientes fructus ex sanctissimorum occupatione munerum non suppeditentur Cap. 2. Decimae praediales quo modo solvi debent Igitur authoritate nostra constitutum sit ut omnes singulique subditi nostri locis temporibus designatis legitimis decimas omnium rerum ex praediis provenientium ministris seponant sive foenum sint sive fruges qualescunque quorumcunque locorum sive Crocus sive Canabis sive linum sive sint olera vel arborum fructus c. and so on to the exactness of the Pharisee to tythe All. Of Mills Turves Coles Quarries Pastures Agistment cattle I think they mean the breed of Cows Swine Sheep Mares Swans Hens Geese Pigeons Conies Deer Fish Bees c. Revising and expounding the Act of Parliament a little before made and approving it But because the rest at large may take up too much room therefore take but the Quintessence as it were extracted in the Contents of the Chapters Cap. 3. Animalium decima annua quomodo juxta numeri rationem solvatur How the tenth shall be reckoned Cap 4. Divisio decimarum qualis sit Cap. 5. Decima rerum alienatarum quomodo recupenetur Cap. 7. De Jure Vicariorum Cap. 8. Quando minister ex proventibus Ecclesiae ali non potest Directing and counselling to all lawfull means can be thought on for augmentation Cap. 10. De decimis colligendis in aliena parochia Cap. 11. De locis qui sunt à decimis liberi Cap. 13. Decimae praediales personales quomodo solvendae Cap. 14. Solvendas esse decimas personales Cap. 15. Proprietarii quomodo decimas solvent Cap. 16. Decimas utriusque generis solvendas esse sc both praediall and personall if they arise due from the same man Cap. 17. Causa decimarum inter ipsos ministros non progredietur Cap. 18. Consuetudo non solvendi decimas invalida sit It might have been convenient to have represented here a full transcription of these things but there is intimation where they may be had for use which may be enough where brevity is studied These Provisions of a Law shew clearly what the state then meant as to Reformation and even in this particular if the purpose of the statute had been obtained for abolishing the old Canons and how inviolable the right of Tythes should have been Then by their profound wisdome and discreet piety which is also better seen by account from these publick consultations then any private informations The results they were of a severe and searching reformation wherein as many stones had been moved hoping thereby to settle others as in any tumbling Age and for the distressed Church what men durst do if it had been judged convenient
the Church have all her Rights that is Tythes with others intire and all her Franchises that is Jurisdiction Decimal as for other things to bring them in Inviolable no less then which could be meant by any likely construction Or otherwise Thus and the strength of this title may here have received two ways augmentation 1. As Tythes were a Right and so warranted and intended to remain such 2. As they came within the compass of Ecclesiasticall Jurisdiction which if they were given before and any Law had assured them as many had doubtless This was then here allowed to bring them in And so were it personall or praediall lamb or wooll sheaf or heap must not now then have been withholden but were due and must be paid yea by the great Charter yea while that Charter was in force could not be denyed for that herein were confirmed to the Church all her Rights Tythes intire All her Liberties Jurisdiction Decimal inviolable and Wrong must have been to deprive her of those Rights of these Tythes of this Franchise of that Jurisdiction Or otherwise lastly Thus Let but the Jurisdiction that Liberty be supposed to have remained and this would bring in all the rest For let the Church but have been heard to speak out in that which some accounted then doubtless as things were in a qualified sense the voice of God which was the voice of the Law and this could have spoken out nothing but roundly and home for Tythes For they were Due then Due and so Due Let that dead letter be then but thus have been quickned by lively sentence and the Law be heard speak out according to truth and righteousness and the voice could be nothing else but for desired Justice Truth and Them Of what estimation this Charter yet is and duly ought to be with all the good people of England much need not be said Magna fuit quondam magnae reverentia Chartae as one said It used to be looked upon with no other but an eye of reverence It cost the subject both wealth and treasure and blows and bloud before it could be obtained And after at the rate of the lives of thousands and by the prudent and successfull intercession of some Church-Ministers who perswaded and prevailed with the King to pass it as well as any other it was granted it had the most 1 The Archbishop Bishops and the rest of the Prelates pontifically apparelled pronounced that curse with tapers burning which when they had thrown away upon the pavement where they lay extinguished and smoaking the King having laid his hand on his breast all the while sware to keep all Liberties upon pain of that execratory sentence As he was a Man a Christian a Knight and a King anointed and crowned Speed Hist li. 9. c. 9. sect 82. What the curse was who was present against whom thundred that should either break it or bring in another or observe it being brought with the signing and sealing may be seen in the old Edition of the statutes printed 1543. at the end of Hen. 3. and in Flat lib. 2. cap. 42. pa. 93. solemn present confirmation that it now appears any publick Instrument of this state ever had It has had 2 The Lord Cooke has computed to thirty two in the Proeme to Iust 2 I beleeve more sc twice in Hen. the thirds time that is Anno 9. at Westminster and Anno 52. at Marleborough cap. 5. Also 25 Edw 1. cap. 11. 28 Edw. 1. cap. 1. 1 Edw. 3 cap. 1. 2 3 Edw. 3 cap. 1. 4 Edw. 3 cap. 1. Memorand And beside these ratifications of the Charters and thereby the Churches Râ—ghts and Liberties in them Tythes in the way shown with the rest There were many distinct Ratifications in severall either Chapters or Clauses besides of the same Churches Rights and Liberties As in the Statute for the Clergy in 27 Edw. 3. chap. 1. in 50 Edw 3. chap. 1. 1 Rich 2. 1. 2 Rich 2. 1. 3 Ri. 2. 1. 5 Rich. 2. 1. c. more then 30 other confirmations in Parliament since For for divers 3 Sc. in Edw. 1. time Edw. 3. Rich. 2. Hen 4. till about the end of Hen 5. Where it occurs often Kings Raigns after successively till by repetition that reverence before spoken of was bred and rooted in all mens hearts toward it one of the first things still done in that most honourable meeting was to confirm This and the Charter of the Forest with no less regard of care and love then in Councels and Synods had been wont to be shewed to the doctrine of Unity and Trinity in a Deity by keeping the belief thereof in faith fresh memory by some of the first Articles In present severall draughts were 4 Cook Vbi Supra pa. 4. taken forth and the exemplifications sent under the Great Seal to the great men of the Realm one of which yet is or lately was at Lambeth and 5 25 Edw. 1. c. 1 after renewed under the same Signature again as well to the Justices of the Forest as to the Sheriffs and other publik Officers and to all the Cities of the Land with Writs to have them published and order to 1 Ib. cap. 3. every Cathedral to read them twice every year to the people And not onely their Effata or most reverenced contents equalled by Parliament to the Oracles of the Common Law But whereas Judicia are Iuris dicta and should binde if any thing yet all sentences given in Court 2 Ib. cap. 2. and M. Charta ca. ult Quae contra jus fiunt debent utique pro infect is haberi Reg. Iur. Canon 64. contrary hereto are declared null and of no force and that by sentence of Parliament as soon as they are given In present all were Excommunicate that were infringers therof even with severe and bitter devotion all the 3 Authoritate Dei Patris Omnipotentis Filii Sp. Sanct c. Flet Vbi sup powers that men on earth could devise or implore from Heaven being used to procure and work terrour And for the future it was appointed 4 And that all Archbishops and Bishops shall pronounce the sentence of Excommunication against all those that by word deed or councell do contrary to the foresaid Charters or that in any point break or undo them And that the said curses be twice a year denounced and published by the Prelates as aforesaid 25 Edw. 1. cap. 4. With another curse at the end to bind things as fast as might be and Excommunication announced against those that should 〈◊〉 the seven Articles of that Concession of which that was the fourth In the Name of the Father the Son and the Holy Ghost c. in the said old Edition of 1543. this Excommunication should be renewed twice a year in every Cathedral and 5 Artic. Super Chart cap. 1 28 Edw. 1. Proclamation twice as often as that made by the Sheriffe
change their English mindes in a contrary way to the new-instructed 1 Acts 28. 6. Islanders of Melita settling for truth and no longer for errour Father forgive them I doubt they have not yet known what they doe Hence ceasing their clamour against their neighbours as those would have no wrong done to themselves and accounting it a most unreasonable partiality not to be owned by those that are in any degree among the lowest sort of Honest men to pick out that which is for their 2 These be those excellent Laws contained in this great Charter and digested into 38 Chapters which tend to the honour of God the safety of the Kings conscience the advancement of the Church and amendment of the Kingdome granted and allowed to All the subjects of the Realm Co. Inst 2. pa. 1. turn in a publick evidence and throw away the rest or make that they have got of power to disanul it Mr. Petitioner whosoever thou be I name None but mean All and in love and friendliness bespeak petition Thee A. B. C. D. E. F. G. H. or whosoever thou be that lovest the Charter the Petition of Right or Right it self hearken And if thou be a Christian and English man be perswaded hereafter to proceed upon more equall terms and from a better information of judgement cease to pervert the right words of the Law Whatever thou hast done heretofore in the days of thine ignorance now taking no other course but what is justifiable by the rules of common Honesty Could I but hear you once resolve that every man should have his Own and Law should be the rule of that your own chosen Instruments should be the evidences and not any just mans plea shut out of the Court be it what or of or for whomsoever I would not then doubt to have gained of your honesty and simplicity a strong patronage of that righteous cause now in ignorance and by mistake ye go about to suppress and that ye would appear valiant yea suffering Champions for that equity and right ye now seem resolved to take pains if not to suffer rather then permit any longer those that have right to enjoy Let but a love to truth and constancy to your own principles be with you and I have enough I petition I ask no more Nor do I altogether despair As great changes have been in the world and faces about from West to East quite contrary to what was once persecuted or prosecuted in ignorance The two Theeves shamed not to confess the truth at last I equall you not in injustice or meaning wrong but God grant you and I may equal them both in Turning from out our evil ways passing from death to life repenting our hidden sins and converting from darkness to light from the power of Satan unto God Martha loved much after who before had done that needed much forgiveness Matthew the cheating Publican turned upon admonition a Disciple and Apostle And is not Saul among the Prophets Paul among the Preachers Good men and true Remember chiefly that last example Wonder but Believe it was even so Inquisitour Saul is turned a zealous Professour and he that was a busie Persecutor now as active an Evangelist and Professour When Christ who is the true light shined to his soul with awfull beams he fell down and recanted and repented his 1 I verily Thought this with myself that I Ought to do many things contrary to the Name of Iesus of Nazareth which I also did at Hierusalem c. Acts 26 9 zealous ignorance and though he had received Commission Acts 9. 2. from the highest then of Priests and Powers yet God caused him to revoke all and we have 2 Gal. 1 23. heard say as the Jews of him truly that He which once persecuted in times past now preacheth the faith which once he destroyed for which men glorified God in him Why should the like be despaired of you of whom I must go against mine own both hope and full perswasion if I should say otherwise then that I believe ye have profited thus far That ye love the truth Ye mean well ye will why will you not be fast men and true to those great names of Justice Equity and Righteousness as they shall be revealed to you not to your own opinions frowardly persisted in how plausible or profitable soever and as new and better light shall shine not be in love with former darkness Be perswaded ye may have erred The Church has right a Right of Tythes a Civil Right a Charter Right and will you yet go against your own principles and deny other men that right your selves think fit almost to resolve to die for Will ye not grant what in your own cases ye ask and refuse to give to others what ye expect to receive your selves shall they not have what ye will not be denyed What Equity Reason or Conscience were this Be valiants be wise be just and constant I crave no more Or if ye ye will not striving to do to others as you would your selves should be done unto How dwelleth the love or law of Christ in you How can you expect that God who is a God of Wisdome Justice and Truth should ever more shine with the least ray of his favour upon any of your enterprises This Apostrophe was needful God lay it to your hearts Remember there is a day appointed when God shall judge the world by Jesus Christ and then if you should appear to have wronged his Messengers despised his Prophets or driven on any close unjust design with success of impoverishing and making a prey of their worldly weakness whom God hath intrusted with your souls How would you answer this worst of wrongs What put up in excuse of so aggravated injuries Or what could you think to say to such an imputation Alledged by his justice Inforced by your adversary Assured by the things Recorded in his and your memories Attended with the furies of another world for compleat revenge and that of the worst of crimes hath the least of excuse the most of shame and of all you can readily think of the weakest and lowest hopes of mercy Especially sith now the light of truth hath shined into your souls by better information at least shined upon your souls by offer of its bright and piercing beams ye May have received the truth which truth would set you free from errours Or if no more yet it hath been laid before you or you have been told but where it is that ye may seek for it which will render you far toward Without excuse CHAP. XXII AND thus much of for and from the most known Head of all our Laws the great Charter whereof the more because it deserves more Proceeding next whereto is a Concession of about the end of Hen. 3. confirming the Jurisdiction and by consequent the things thereunder in a Parliament Ordinance called Regia Prohibitio I first met with it
nor were Tythes but brought into the Store-house All in the Prophets phrase to have better use made of them than I doubt commonly was For 't is the charitable intention of man the wise provision of the Law by the blessed providence of God that sets things often in a good way to honest or holy ends but the corruption of man hinders seldom does one half come to good or are the things not to abuse enough perverted how well or piously soever levelled and intended CHAP. XXIII THus for sixe successive Princes Raigns Under Hen. 5. Hen. 6. Edw. 4. Edw. 5. Rich. 3. and the wise puissant Hen. 7. nothing being heard of murmure and discontent but all in peace and silence The Canons as in Lindewood c. governed the Consistory Westminster sent to controul as often as any noise was made of extravagancy by Prohibition Some prudent Statutes as Circumspectè Agatis Articuli Cleri c. had bound their hands too that they might not send as oft as they would but when abuse called for remedy And so things went on in Harmony for justice peace and order through this intervall Laws already made were obeyed and more were not made because those that were were both for their end sufficient and set in a way to have sure execution But now in that general Earthquake when this Earth was moved and all the Inhabitants thereof though some Men stood and some Parts were not overthrown When the turbulent passions of that mighty and boisterous Prince left nothing untouched or unshaken and that some might seem at least to stand the faster other parts were thought fit to be quite pulled down yea buried and intombed under the ruines of their own glory as 't were by the fatality of Jerichoes curse Iosh 6 26. Never more to be reedified Maledictus vir ille coram Jehova qui surget ut aedificet c. yet even Then was no prejudice offered nor diminution made of this part of Ecclesiastical Revenue or Jurisdiction to bring it in a great argument of its strength that had over-lived a storm and some necessity that it was preserved when that next was chosen to be cast away But before this great work was done by himself and his son divers new sinews of strength added to confirm all that had passed before as well by clearing the right had been by 1 27 Hen. 8. 20 32 Hen. 12. 2 Edw 6. 13. some new Statutes to evidence the justice of the claim as by creating a new power to fetch them in and inabling secular persons at least to sue for them in their own Court the new Statute way Not abrogating the Ecclesiastical but giving choice of this Pointing to a new remedy besides the old as 2 So is interpreted and used and of force that of 2 Edw 6. 13. commonly understood though some doubt 3 That the claâ—se of treble damages in 2 Edw. 6 13. is to be sâ—ed in the Ecclesiasticall Court onely See Dr. Ridleys view of the Laws par 3. chap. 2. sect 5. That Customes in payment of tythes are tâ—â—able onely in the Ecclesiastical Courts was averred to be proved before by him Sect. 3 and see hereof the Proviso transcribed below rationally But for certain not destroying That utterly For the 4 And that for subtraction of any of the said tythes offerings or other duties the Parson Vicar Curate or other party in that behalf grieved may by due processe of the Kings Ecclesiastical Laws of the Church of England convent the person or persons so offending before his Ordinary or other competent Iudge of this Realm having authority to hear and determine the right of Tythes and also to compel the same person or persons offending to doe and yeeld their said duties in this behalf 27 Hen 8 12. And in case any person or persons of his or their ungodly perverse will and mind shall detain or with old any of the said tythes or offerings or part or parâ—el thereof then the person or party bring Ecclesiastical or Lay person having cause to demand or have the said tythes or offerings being thereby wronged or griâ—ved shall and may convent the person or persons so offending before the Ordinary his Commissary or other competent Minister or lawfull Iudge of the place where such wrong shall be done according to the Ecclesiastical Laws And in every such case of matter or suit the same Ordinary Commissary or other competent Minister or lawfull Iudge shall and may by vertue of this Act proceed to the examination bearing and determination of every such cause or matter ordinarily or summarily according to the course and processe of the said Ecclesiasticall Laws and thereupon may give sentence accordingly 32 Hen. 8. 7. often mention of it upon other occasions as well as this with a clause of Proviso 5 And be it enacted by the Authority aforesaid that if any person do subtract or withdraw any manner of tythes obventions profits c. that then the party so subtracting and withdrawing the same may or shall be convented in the Kings Ecclesiasticall Court by the party from whom c. to the intent the Kings Judge Ecclesiasticall shall and may then and there bear determine the same according to the Kings Ecclesiastical Laws And that it shall not be lawfull unto the Parson Vicar c. to convent or sue such withholder of tythes obventions or other duties aforesaid before any other Iudge then Ecclesiastical 2 Edw. 123. inserted to fence all from violation shews plainly that K. Henry meant what he did and none should or could cross his purpose sc though the Pope went off to keep the Church-power up and though the Abbies went down yet Tythes for the support of Religion Must Not be medled with Such power I mean as might begin and end its motion wholly within it self like the wheels of a watch that keep themselves going by help of a Spring at home needing no power from abroad not of a clock whose moving weights are without and so liable to the inconvenience of forain disturbance or as the highest sphere of all Primus Motor that keeps it self a going by it self meerly not like the inferiour that wait on superiour influences Such power and the Jurisdiction of Tythes therewith and thereby and the right of Tythes by consequent yea in Statute words expressed not needing any derivation He kept up in vigour life strength and quickness as it was of use And as well the Records preserved as other means of information obvious enough do assure that to his time through his time in it and on this side the Law continued which settles all to settle these and leave them settled an indefeasible inheritance to us their unworthy posterity And as they were left so I hope for Gods glory and the maintenance of his service and servants the labourers that bring in His Harvest they shall not but always continue to all succeeding generations For Who hath
despised the day of small things says the Lord in the 1 Zach. 4. 1. Prophet Or who can deny but small things may be of great use and consideration in the greatest sith by Divine appointment Badgers skin and Goats hair 2 Exod. 25 4 5. were offered acceptably to the building of a holy Tabernacle whereby was intended the great God of All should be honoured and sanctified That Lord Dominus 3 Psal 24. 1. cujus est terra plenitudo ejus who 4 Matth. 21. 3. despised not a convoy of the meanest and simplest of beasts for his person on earth seems Still to Need the vile things of this lower world to set forth his glory in this vile and lower world and if any one say ought to the contrary or in froward opposition say still as then the Lord not onely useth but hath need of them His servants though His live yet by bread if men as well as by every word that proceedeth out of His mouth their Lord and God And sith Though Jehovah could not be pulled out of Heaven by extinguishing any of those Lamps that burned to his honour in the Temple of the Lord at Ierusalem yet his wise old servants knew that unless their care cost and love did procure profane oile from Syria and Arabia Those Lampes with his honour would go out on Earth which made them contrive purpose and do accordingly Even so sith the nature of things is still the same unless there be left such loving and discreet followers of his now by whose vigilance industry and care some constant supply may be apportioned and issued forth for the maintenance of the outward part of his honour and support of his Gospel and those servants of his that do his pleasure in holding it forth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Rom. 13. 6. Ministers that attend this very Thing It is not without the compass of manly and Christian fear to be jealous lest the light and brightness of the glorious Gospel of Jesus Christ now shining in the faces of all men though not reaching to their hearts it is much to be doubted much less returning fruit in their answering upright lives should which God forbid be extinguished upon Earth by our negligence and parcimony though his Deity we trust shine now in Heaven and shall and ever above the brightness of the Sun and beyond all Eternity Wee hold God to be the end of the soul Truth the way leading to it and Him The Church the pillar and ground of truth to hold it out in view to the world this we are sure of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 1 Tim. 3. 16. the Apostle tels it us and the publick Ministers are the Churches servants If then these servant shall do that work in holding forth this truth to guide to that end They being Men must not have their daily allowance of Bread withheld from them which keeps them hayl and strong that they may live and be Able to follow their business or if it be the bottome foundation fails and the whole frame must be left to sink and ruine with it for want of sustenance or undersustentation Unless by an unhallowed presumption we dare go on Tempting God in stead of Trusting him still urging him to do and expecting he should do even ordinary miracles for our extraordinary preservation and then daily miracles would scarce be any wonders putting him upon more work yet after his Consummatum est to multiply loaves for his improvident Disciples and leading him once more out of the way into the Wilderness to lead us out of the path of his ordinary course of Providence to expect food from Heaven when there is plenty enough upon Earth Which if and the boldness of our unreasonable presumption rather then well-instructed Christian faith could be content to put upon Him Whether yet his servants who are to do the work and being party to the whole had need of some liberty of choice for refusal of the conditions could be content to accept for enough for their parts and hardy enough to trust to as their sufficient Viaticum for this convoy and their journey may not considering their humane frailty be without some doubt I have led you forty years in the Wildernesse your cloathes are not waxen old upon you and thy shooe is not waxen old upon thy foot Deu. 29. 5 As in the space of forty years to hope for no reparation of cloaths nor to put on a new shooe in half an age and go provided with nothing but naked poverty to carry them through a dry and barren Wilderness where no water is Hungry and Thirsty their souls fainting in them Yes They will questionless This and more if they be called and compelled thereto See Chap. 8. 4 Ne. hem 9. 21. if the enemies of God will deny them the way and the condition of things in an orderly Dispensation of Providence lead them to want as well as to abound But all the friends of God will rather guide and help them in the direct right way to their Canaan Neither denying them bread and water for their money as 1 Deut. 2. 27 28. 30. the cursed Amorites did but were after sufficiently plagued for it nor money if needfull to buy them what they want for their comfort in the way It being one of the most reasonable things in the world that they that give Heaven should not want Earth and They that sow to us Spiritual Things should not but reap our Carnall To all which things answering and well agreeing it was therefore religiously piously and prudently as well as justly resolved by those Councels guided Hen. 8. to diminish nothing here but to keep this settled and ancient Revenue of Gods honour free from the touch of sacrilegious profane and imprudent as well as unjust hands That no covetous Gehezi that loved his gain more then godliness should meddle with that belonged not to him nor greedy unconscionable Israelite with this portion of his Brother Levi due 2 Numb 18. 21. for his service he serves in the Tabernacle of the Congregation and as necessary for the Common-wealth of Israel as Judahs Simeons or Benjamins but when every one has enough he should be free from want and by as good security as any other claims his Right by his Tribe have its Own also not by benevolence but by Right and so have occasion to bless the Lord his God for the good land he has given him with the rest of his Brethren It being among our Divine Oracles agreeable to the Laws of Nature Equity Reason and Civill Commutative Justice that He that gives should receive 1 Matth. 10. 10. Luk. 10. 7. 1 Tim. 5. 18. The labourer is worthy of his reward 2 1 Cor. 9. 7. No one going on warfare is to march at his own charge He that feedeth a flock should eat of the milk of the flock And as He 3 Ver. 14.
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
what a prosperous and lucky hand he had in helping to procure as well the Charter as this Petition much of reason would stand on his side that he should gather some of those grapes himself had helped to plant the sciences of he should partake of the harvest he had sown and reap some fruit of his own successful impetration at least to have his own Right secured in that he helped to obtain to All The Petition of Right The title whereof gives Petition exhâ—bited to his Majesty by the Lords Spiritual and Temporal and Commons in Parliament assembled concerning divers Rights and Liberties of the Subjects c. and The Contents Humbly shew unto our Soveraign Lord c. the persons before That whereas it was declared 34 Edw. 1. that no Tallage c. yet of late divers Commissions have issued c. And whereas by the great Charter c. no Frée-man may be taken or imprisoned or 3 It might have been by the same reason Whereas the Church had some spâ—ciall rights and those contained in the Charter Also priviledges and imâ—unities granted there c. as before Pray they therfore every man or sort of men may have their Own â—nd as much was after allowed under the generall word of Rights and according to the Laws and Customs of the Realm be disseised of his Frée-hold and Liberties c. but by the Law of the Land yet c. And some other things touching life c. Now they pray that the like may not be done hereafter c. All as their Rights and Liberties according to the Laws and Statutes of the Realm and that all Officers and Ministers serve in their places accordingly Whereunto the Kings answer being That Right be done according to the Laws and Customes of the Realm and that the Statutes be put in due execution that his Subjects may not have cause to complain of any Wrong or Oppressions contrarie to their just Rights and Liberties This not satisfying upon reply this second personal answer was added Soit droit fait come est desire Let Right be done as is desired And this after expounded to be mistaken if it were drawn to any other then the Ancient Rights and Liberties which he willed and no more Where still we find Rights sounding all along and concession of Them and in answer to such a Petition the particulars are within the possible and easie view of every English mans eye and they fitly All march under the Head of the Petition of Right Now then I infer and argue What is that was here granted Was it not Right Right to All and one mans Right as well as anothers Did not the whole Commonalty petition Were not All heard Was not All granted and to All And if those that wait upon the Temple of the Lord in England in his holy Service had thereby then and yet have they and their successours an Own and Right was not this then meant to be granted and was granted and settled upon them Therefore thereby nor can be revoked but by the revocation of this or a part of this Concession of Right Each mans wrong is of the same nature guilt injury crime and grievance Nor can they ever be interpreted but partiall and unjust sharers of such a claim to themselves as Any others having equall part with them therein they can be contented earnestly to strive for their own and will not be denyed but for those others think they may be excluded or help to exclude them at pleasure and no matter whether they partake of any share in the common allowed stock of Right As if it were Theft to steal but not from some Injury to defraud but the Red or Gray Coat not the Black The Law must hold in some cases what need it in other to retain him in possession of his Right that hath nine parts but not him that hath right to the Tenth One mans Own may not be taken away nor injuriously invaded but his Neighbours may that holds by the same Charter and himself outed or spoiled or wronged at pleasure and That shield is large strong enough to protect against al assaults the former for the later is infirm narrow though it were seen to be made of the same breadth strength and firmness What equity is this Should not every ones case that is the same be alike and every Childes part equall in the same stock of the Common-wealâ—h Murmurers were in the Apostles time and discontented fault-finders no doubt in ours But let no private worldling be heard as speaking reason that Right is wrong or the expectation of this Right is now to him and others grown burdensome There is none fit to judge who is able to say Any part of the Law is Burdensome Exactions are burdensome injuries are burdensome oppressions spoliations depraedations undoings of those that are innocent and quiet in the Land All iniquity is generally burdensome But the Law is a gentle yoak justice lovely Right a favour the dictates of these never were nor ever can be truly Burdensome 1 Tim. 1. 9 10. Unless as Gods Word says to the disobedient and lawlesse 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to the irreligious and sinners that have no true fear or worship of God for this would teach to obey every Ordinance of Man for the Lords sake 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to unsanctified and profane men that have never known true purication whatever they pretend patricîdis matricîdis homicîdis fit company 't is pity they should be parted To Whoremâ—ngers also to Plagiaries deceitful lyars forsworn lyars and such other To all these the Law is Burdensome Blame them not they are weary to beare it 'T is a beam to their backs and lays on fast and close wrapping them under everlasting as well as heavy inconveniencies But that the Law is burdensome to any Just man can hardly be believed by any wise man 'T is Gods great blessing to a Nation it makes rich happy safe and quiet where it comes An humane Oracle for deciding humane doubts in matter of own and equity amongst men the voiâ— of Justice the measure of Right that gives to every one 〈◊〉 every one something most men enough all whatever they enjoy Allotting upon grave consideration what they should have why they should have how much they should have why no more and generally upon good reason why things throughout Be as they Be if our wisdom drew deep enough to fathome the reason of her profoundly prudent consultations resolutions and dispensations and shall we yet say That Law is burdensome My neighbours will is burdensome his covetous desire is burdensome his unjust wicked worldly ambition may be to sit Umpire on my estate to inquire what I have to determine I have too much but I shall have less the superfluity of my abounding right which is but one part of ten to keep me alive to serve God in his Church already whereas he has the other nine 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. Câ—se avouched by a London Minister in his late answer to a Doâ—bt about the aâ—ienation of Tythes p. 17 And in the same Report fol. 45 in the Arch Bishop of Winch. Case
Indicavit and ruling power thereof he yet 1 Lib. 5. ca 17 Sect. 9. pag 330. makes the bottom after discussion in the Kings to be the Churches Court and as that shall sentence such or such a Patron to have right or wrong in the Advouson of Tythes so after the binding sentence though regulated before must be formally given in Curia Christiana for them 9. In casu autem quo Rector Ecclesiae impeditur ad petendas decimas saith he in vicina Parochia per prohibitionem de Indicavit habeat patronus rectoris sic impediti breve ad petendam advocationem decimarum cum disrationaverit procedat postea placitum in Curia Christianitatis quatenus disrationatum fuerit in Curia Regis The final sentence must be here though the discussion be elsewhere as upon a Verdict at the Assizes the Judgement Posteà is given at Westminster though the Triall were in the Country Afterwards then which nothing is plainer treating of Exceptions to Pleas among the first is the Court 1 Lib. 6. ca. 36. Sect. 7. pag. 428. Erit igitur à digniori incipiendum sicut à Jurisdictione judicantis persona Judicis cum ipse sit pars principalis Judicii And what is that it follows 2 Cap. 37. Sect. 3. p. 429. Cum autem diversi sint Judices aestimare debet quilibet an sua sit Jurisdictio ne falcem ponat in messem alienam Iudex autem secularis de rebus spiritualibus cognoscere non debet The greatest reason in the world Decimae autem in quantum decimae res testatae in possessione testatoris tempore obitus sui existentes c. in foro ecclesiastico debent intentari In a near case indeed not as if the Tythes have been once sold for then Per venditionem jam translata est spiritualitas in temporalitatem quo casu locum habebit Regia prohibitio ad inhibendum judicibus ecclesiasticis ne in cognitionem hujusmodi catallorum procedant c. If sold they change nature and by consequent Triall and much there follows of such prohibition and permission but of Tythes as Tythes nothing but as before From 3 Before p. 202. Bracton to come to him next four of five places were given before for permission of Jurisdiction decimal hither which have all their use here to which may be added this one for those I repeat Not but remit to them which speaks thus If a Clerk wrong another of Tythes a Prohibition shall not lay 't is in the Treatise of granting Prohibitions because there is no wrong to the Patron in his Lay fee which is his Advouson 4 Bracton l 5. tract de except ca 10. fo 408. Sect. 6. Item locum non habebit prohibitio de recenti spoliatione ut si clericus clericum spoliaverit de decimis vel aliis de quibus cognitio pertinet ad forum ecclesiasticum quia de hujusmodi restitutione non generatur praejudicium patronis quantum ad jus advocationis And this granting the scene of Triall is still upon the matter a granting of all the sending for Triall to where before it is known what will be there said a virtual approbation and confirmation of what shall be there done As he that refers to the Admiral Court does upon the matter like and approve the Civil Law so far forth there ruling And our state having many Rules de pactis but few de legatis or of Wills themselves sending in its Own want to Another place and willing the Rules of the Canonist or Civilian shall take place does interpretatively speak further That what is there done and decreed is just and by it self approved Even so the party grieved appealing to the Temporal Court making his Case known there Praying relief which is denied His tenth fliece or sheaf are like to be taken away and upon Complaint nor Parliament nor Common Law afford him any comfort but their Ministers or Consultations and Resolutions send him back to where the taking away shall be allowed What is this but mediately remotely and implicitly but fully to approve of what is there done For they are presumed willing to do justice and known able but not interposing do consent and partake in the decision they order to be it where and whatsoever So that it is no vain suggestion so often repeated and necessary to be always understood that the making good the Jurisdiction is the securing all for all comes along with it as Mahomets Alcoran will bring a long Tenths with it to Religion and for Conscience in way to his Paradise but no Wine upon earth and as the entertaining the Jews Law includes Circumcision Passover Pentecost the Sabbath too and even Decimals And so have been the proceedings with us That Court and those discussions have used to bring in Tythes effectually and not but ever Ask either the Lawyers or Owners they who did judge or were judged They both found the transposition of Wealth and Riches to be accordingly Prohibitions if they were often granted were seldom asked and always denied but if according to these Rlues The Judge was Lex loquens the speaking Oracle and nor did nor would oppose or speak or do otherwise to their cost always men found it to be most true In the Manuscript before mentioned with Magna Charta and the other old Statutes are also the Writ of Indicavit and many other such Prohibitions grounded upon the same Reasons that are alleadged in the Register and leading to the same end sc of with-drawing Lay-inquiries from the Court Christian the subject matter whereof is mostly Tythes which shews they permitted in other Cases the Triall to go where it would and certainly did carry them In the usuall Registers are inhibitions enough composed so that none of them will vary any thing they are 1 Et dicitur ideò Breve quia rem de qua agitur intentionem peâ—entis paucis verbis breviter enarrat Bract. de Action ca. 12. Sect. 2. Briefs and give the Brief of the thing in triall In the Book of Entries The Declaration sets forth great Complaints for suing in the Court Christian for tythes of Oakes under the Title of Sylva caedua to the disturbance of the King c. but meddles no further fol 226. f. 489. Restraints there are enough for suing for 2 Fol. 483. Annuities because they were De catallis debitis quae non sunt de testamento vel matrimonio c. in laesionem coronae dignitatis nostrae but Tythes are spared not a word of them So far 3 Fol. 488. Debts alleadging this reason and under this danger Machinans nos coronam nostram exhaeredare cognitionem quae ad curiam nostram pertinet ad aliud examen in curia Christianitatis trahere so for defamation so for demanding Tythes of Lands discharged But not else so for recovery of Tythes 4 Fol. 489. set out and become Lay Chattels
Ministers has as certainly possession present and continuall of Tythes in the severall Trustees or Persons of or for that Corporation which stand forth to Act for it being a thing otherwise onely in Nubibus and consideration of the Law That Right is vested in Them while they live When they die the Law has provided them of a Chain of never failing successours to supply their mortality Thus it has been Thus it is Thus it may be if Justice may be suffered to have its course and innocent forms of Justice not disturbed by parcimony and improvident troublesome folly and Thus is Religion and with us the Rule thereof the Bible provided for and possessed of in its publick Ministers sufficient outward visible support to the end of the world O Christian if thou be Think of this one word What it is to Wrong the Righteous to dispossess innocent poor Naboth of the inheritance of his Ancestors to thrust any Poor man out of his Own or get or Wish any helpless just man out of his Due and lawfull Possession If thou be such think of this O Christian CHAP. XXXI IT follows and is fitly joyned to the former In whose name this Possession is which may bring it about that in a strict sense indeed no Man was or is or can be thought to be immediately in possession of these Rights but God himselfe and that in the words and thoughts of the Law for I give not mine owne but onely as the Priest heretofore delivered forth the minde of his Oracle For 1 â—leta lib 4. cap 3. sect 1. Is Possidet cujus nomine nomine Possidetur says the same Oracle again Bracton de Assisa nov disseisin cap. 7. sect â— fol. 165. It is not so much He that is In as He in whose right he is in is strictly the Possessour As in a Tutor compared with his Pupil or a Servant with his Master c. And this then fitly advances us onward to the additional strength this Pillar of the Support of This Civil Right has by Anothers interessing That he that takes them up is never estated in them in his Own Right but the true and farther uttermost Possession of them is vested and seated elsewhere terminated Higher above in Heaven Men are Takers up of Gods Dues They doe receive what withdrawing his visible presence is His Right who should sure be least despoiled or defrauded and Persons they are in the sense before as to stand forth and act for a Supposed Corporation So Having another Personality to hold forth in being His receivers who though he be everywhere is yet to us Invisible To take up to His honour what is Devoted to His service who is the Soveraign Lord believed of All things JEHOVAH God Almighty This is much believed in the world and has very much affirmance even in our Civil laws nor can it if the thing be thus but much strengthen and settle this pillar of property whereupon as great security as Any must Needs rest for Injoyment and Continuance that Men shall not be put out for Gods sake nor from His right They be disturbed Who receive not from or for themselves but as His Deputy-Possessors and Receivers Vicars all by a substitution from the Highest in whose Right taking up what they doe they are the more bound to dispense in His service to His honour And who is he will be so bold to turn the Lords Steward out of doors if not for his own for his Masters sake or dispossess God and Religion subtract or withhold any thing from the Eternall Majesty Heaven 't is said and believed interesses it self in this case the Powers above have laid their Sacred hands upon these bequests and receits What is so settled by clear Human Law below has a bond of Religion to tie it on faster upon Whosoever are the 1 See Sir Hens Spelman of Tythes p 139. Usufructuaries The spoil wherof must needs be Then not that of Wrong but Worse not of Robbery but Sacriledge a Divine Theft the Robbery of Heaven like the Giants offence and of that Kinde the Eagle heretofore committed for love of her young Not sparing to take the smoaking flesh from the Altar wherewith the Gods should have been propitiated Bâ—t there hung thereto a fatal Coal that set all on fire and burnt both her nest her self and young ones A fearfull consideration if i should be so for still I argue upon supposition delivering forth the tendries of another my Oracle must bear me out enough to awaken the deadest and startle the wisest to amaze the boldest and affright all sober and any ways considerate and advised men from laying violent and profane hands upon that God had touched before or tugging it out by strength in this Case least they be not onely like that deplorable sort Against whom God hath a Controversie Hosea 4. 4. This People is Let them alone as they that strive with the Priest but worse Shall the Clay exalt it self against the Petter Wo be to him Esay 45. 9. that striveth with his Maker Into whose divine hands the Donations made and following Ratihibitions favour in expression intent of delivery That what to Religion was rather Devoted then Given even to Gods Great Majesty the Donee Receiver and intended Detainer and Disposer That so men might not but give forth to his Will what they receive by his Deputation being like to be thereby the better Stewards of those Manifold Gifts of God which they receive upon his account in his Name and from his Right and upon a second consideration should be the more precise in dispensing onely to his honour what for a second reason the hand of his providence dispenseth unto them to have so dispensed and yet farther the reason of whose proceedings and Justice may seem in equity to expect that they should not spend merely upon themselves but use Non quasi suis sed quasi commendatis what they receive of his bounty as His to be so and no otherwise but so used But to come to the strength of some Particulars not dealing onely with the supple and pliable affections to mould and frame them but stablishing the judgement in the thing averred or supposed That things devoted to Religion are not solely and ultimately Mans but in a further hand I will not urge the sayings of Poets and Oratours Councels Schoolmen and Fathers though these offer themselves but the glances of Scripture may be not inconsiderable at least to prove the possibility and elsewhere existence of the thing to which purpose I awake to remembrance first the vow of Jacob 1 Gen. 28 2â— Quicquid dederis mihi ejus Decimam omninò sum daturus Tibi Whatsoever thou shalt give out to Me the Tenth I will give back to Thee which promise he makes to his God And of Lands Vows Oblations c. 'T is said 2 Lev. 27 28. Every devoted thing is Holy to the Lord particularly 3 ib. ver
past feeling Ephes 4. 19. as the Scripture speaks lulled asleep by the deceitfulness of sin into a dead Lethargy 2 Cor. 4. 4. the god of this world having so blinded their eyes that they have no regard of the next It cannot be but these considerations must breed a pawse at the least and with all sober and advised men a deliberation and Doubt whether these things be so or no Whose possibilities are assured by the instances of Scripture where they were So Which men have agreed so all abroad to deliver from the publick voice as it were of the Church and of the world Which are left inshrined in the sacred monuments of most reverenced and solemn Laws and unless most things did agree to deceive us could not but be True And if so that there be Possession yea sacred and in the sense given Divine Possession both Equity and Law Godliness and Honesty Religion and Reason Piety and Justice call out for Every man to have his due especially where a party may be more then man and it can be no less then Vnrighteousness and Impiety both together to dispossess and deprive of them We are bound to love our Neighbour as our selves How do we this if we wrong him If we undo him If we give him cause of grief Which of us could be contented to be thrust out of our own possessions or inheritances a part much worse from the whole and yet much worse then that if the whole labouring Tribe should be left to uncertainty and Churches in danger of being vacant We should love God above All How shew we this in wronging His Ministers taking oile from their His Lamp and venturing to lay a covetous finger where He is said before to have laid his hand The prosperity of Religion is or should be to every good man the Joy of his heart the light of his eyes the comfort of his soul the life of his life how further we this when we take not onely from man but from that Religion we pretend to honour depriving the labourer of his hire for work therein muzling That Oxe treading out the 1 1 Corin. 9. 9. 1 Timoth. 5. 18. or treading the mowe So Ioseph has left us that law intetpreted with much probability Vid. Iosep Antiq l. 4 cap. 8. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Thou shalt not muzzle the Treading Oxe Deut. 25. 4. the place the Apostle alledgeth as Esai 42. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Thou shalt trample the Mountains Corn that he is not able to do his work and whereas the offering of the righteous maketh the Altar fat we make it lean by taking away the fat that others gave and are resolved once more to tempt the Providence of Heaven whether it be awake and regard to revenge its own wrong whether the Gold of Tholouse shall prosper in our hands though it were once spread upon the Altar or the sacrifice will carry again a fatall coal which kindled by Heaven may not have power to be quenched on Earth Will a man rob his God Will he His own God Any saith the Prophet and will we be instances in ours Dare we contend with Him that is Great are we mightier then He Are Gods and Mans rights combined both together and will not this double strength hold a double fence protect from violation Seneca's Epistles would sure teach us more honesty and the Law of the 2 Sacrum Sacrove commendatum qui dempserit rapseritve parricida esto L. 12. tabul twelve Tables fright us into better Religion The Relation To A Deity is me thinks such a charme as should not but affright any from medling where it is inscribed or entring that circle where the dimmest Characters thereof do cirtumscribed appear Sure he that put in some respect into his 3 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 So the Septuâ—gint reads the Text Exod. 22. 28 interpreted by Ioseph of foram Gods Antiq. lib. 4. cap. 8. contra Apion li. 2 near the end And also by Philo the Iew. lib. 1. de Monarch Law To God As God and would have None violated would least of all excuse us if we should profane Himself Our Own CHAP. XXXII IN Whose right Man hath been Long possessed too through the continuance of ages and generations for this is no device of yesterday like to change to morrow but such as has already out-lived peace and war troubles and conquests yea the revolutions of all seasons of winter and summer health and sickness corruption and reformation Nor from the darkest remoteness of any Christian days does shew of any other maintenace appeare for Gods family but this which hath bin the subsistence of his workmen all along that have laboured in his harvest and bin maintained hereby without which they could not have subsisted nor have laboured As if Providence had intended by this solitary instance to furnish us with one very good argument for Expedience of continuance Because the world could yet give example of No other At least some cause of doubt there Might be and Reason to fear whether Any other would do so well because none at all had yet been tryed For many things smile with very much content and pleasing flattering delight upon the nimble working fancies of busie bold undertakers Who when they have cast and contrived such a thing should be give themselves leave to be perswaded presently it shall and what hath been moulded in their working fancies commonly attended with weak Judgements may easily be made out into Existent Realities for which their quick wits are soon able to afford them arguments enough But when they shall come to reduce their speculations to practise and give life to their pregnant and very Happy conceptions as they think setting the whole frame of their new and unexperienced devices to move forward upon all those necessary wheeles their fancies had soon made and now must be made out to keep their Projects a going Many a doubt starts out ex improviso Many a rub is cast in the way of their smoothest and evennest most probable designes Many an incongruity arises to disturb and cross their promising and most handsomly and universally complying expectations Many a sowre and unlooked for opposition to make the plot rellish of Humane whatsoever hath been the best fruit of Mans contrivance accompanied as it is with manifold Humane infirmities Whence some wise men have declined nothing more then Change accounting it a good part of their best Wisdome to Vary as little as may be in things of waight yea to let things quietly and upon deliberation alone with Some inconveniencies if but Tolerably Well not onely because of the Charge and trouble but also that manifold Uncertainty will always follow Change as we are able to make it taking that Is though precisely and purged from all inconveniencies None of the best and venturing with choice and most satisfaction of reasonable desire along in the trodden though somewhat uneven path because There
aqua quotld l. 3. Sect. 4. Ac fortè non improbabiliter dici potest non esse hanc rem in sola praesumptione positam sed jure gentâ—um voâ—juntaâ—â—ò inductam hanc legem ut possessi o memoriam excedens non interrupta nec provocatione ad arbitrum interpellata omninò dominium transferret Credibile est enim in id concessisse gentes cum ad pacem communem id vel maximè interesseâ— Grot de Iure Bell. l. 2. c. 4. Sect. 9. knowledge of present men if within the reach whereof any thing be seen and to be said as known and remembred the Possessour is loose and may be removed if otherwise Melior est conditio possidentis He that has is secured his continuance of having 2. But because this might flag or prove uncertain and is always wavering some more certain bounds were thought fit to be enquired after which as stakes fixed at least at one end migh determine huc usque shall inquiry come and no further precisely laying down what might be expected as 't were to a year and a day As in Glanvils time the Claim must be laid in some 1 In tract de de leg Ang. l. 13. c. 33 35 36. Cases since the Kings last Voyage into Normandy in 2 lâ—b eod ca. 3 5 6. other since his Coronation in 3 l. 2. cap. 3. l. 12. c 10 Writs of Right his Grandfather Henry 1. and if on this side these severall limits nothing could be shewed to molest c. beyond was as good as nothing In Bractons time under Henry 3. the widest Writ of 4 Bract. de defaltis c 5. f. â—73 tract de excepâ— c. 19. Sect. 1. f. 416. Right was bounded by Henry 2. time others narrower according to the limitation of the 5 20 H. 3. c 8. Statute of Merton In 6 Fleta l. 4 c. 5. Sect 13 p 224. l 6 c. 6. Sect 3. p. 401. Fletaes time who lived likely under 7 vid. Seldeni dissert ad Flet. c. 10 Sect. 2. Edward 1. from the days of Richard 1. according to the 8 Made about 3 Ed. 1. Statute of Westminster 1. cap. 38. And this it seems remained to Littletons time about Henry 6. for 9 Sect. 170. f. 113. he mentions the same to be the Hercules Pillar then beyond which no Claim could be laid to any thing 3. But albeit these times of Limitation were reasonable when they were made I make bold here to 10 From Cook in his Instit 2 on the statute of Merton c. 8. p. 95. borrow a little piece yet in process of time there being set times appointed in former Kings Reignes from which as a Barque from the fixed Land the future went always further and further the times of necessity grew too large whereupon many Sutes Troubles and Inconveniencies did arise and therefore the makers of the Statute of 32 Henry 8. took another and more direct course by setting stakes as it were at both ends of the stage Which might endure forever and that was to impose diligence and vigilancy upon him that was to bring his Action so that by one constant Law certain Limitations might serve both for the time present and for all the times to come viz. That the Demandant should alledge Seisin in a Writ of Right not above sixty years next before the Teste of the Writ in others thirty in others fourty in others fifty This yet left some difficulty which was after explained in 1 1 Mar. c. 5. Queen Maries time and pieced out as to some trifling Sutes according to much 2 Cook Instit â—od p 96. desire in 3 21 Iac. 16. King James his time and so do things I think remain with us at this day Now from these severall Limitations of Prescription abroad and at home and about them I cannot but note their general end which was no doubt to prevent Sutes as much as might be depending on proof remote and of dark days past by limiting to fourty fifty or sixty years seldome farther c. All which it was also fit to note 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or at large that by seeing what has been not in this place or that but All Abroad we may the better make estimate of what we shall finde in our Case by comparing the length wherein is also the strength of This prescription with that has been generally reputed enough and to establish a Right elsewhere I confess the thing it self as to the equity of it seems not to me at first sight altogether so 4 Not Praescriptionem esse odiosam gloss Praesidium ad novel 9. fair and reasonable as that Thereon any thing should be settled or There-from derived for it seems as it were many times to settle a 5 Quod initio vitiosum est non potest tractu temporis convalescere ff de diversis reg l. 29. Right upon a Wrong a Due upon an Exclusion perhaps of Right and at a venture such a one shall keep what by Gift Succession Escheat or otherwise May in due scanning perhaps belong to another Perhaps also to him that has it But this is Vncertain and Justice should never proceed but in a regular constant certain sure way And therefore the prudent 6 Nam de iure naturali praescriptiones non sunt inductae nam de jure naturali iniquum est aliquem ditari cum aliena injuria gloss Legis ad Caus 16. qu. 4. cap. Praesulum gloss upon the Decree scarce allows it to be according to the Laws of Equity and 1 Nay it is contra naturalem aequitatem gloss vel injuria ad ff de negotiis gestis l. 1. Nature which would by no means have any one 2 Au old Rule of Pomponius Iure naturae ae quum est neminem cum alterius detrimento injuria fieri locupletiorem ff de diversis reg juris antiqâ— lib. 206. vid. de condict indeb l 14. enriched by the spoils of another as here it often is always may be But then again on the contrary part it would also be considered That there had much need to be some 3 Omnes actiones infra certum tempus habent limitari Flet. li. 6. c. 16. Sect. 3. Tollit amensurationem dotis aliquando diuturnitas temporis in perpetuum cum omnis querela omnis actio injuriarum limitata fit infia certum tempus Bracton de Act. dotis ca. 17. Sect. 5. f. 314. end of strife The negligent is but duly punished if he will not come in in some reasonable time He knows written in the very face of the Law his perill if he do not come in to claim his own nor is it fit Justice should wait ever And if Controversies should be admitted of things whose knowledge is so farre off and out of our reach that almost all the foot-steps are worn out by the continuance of Time Our life is so brittle changes so
lex favet his qui bona fide justo titulo vel bona fide tantùm possident odit autem punit circa rem suam negligentes desides Quòd si mala fide rem alienam quis possidere coeperit post triginta annos adversus omnem petentem exceptione tutus erit Gratian. ubi sup And yet the intruding possessour is afterâ—ards discountenanced what may be and by the least occasion set beside the sadâ—le or kept from recovering But the lazy owner shall least and last be reliâ—ved a double consideration as well of favour to the possessour as hatred to the negligent of his own noâ—seeker for if he be possessed upon valuable consideration bona fide and deceived but as an honest wise man might be there is so much pity of his wrong that he is kept in in favour and for his wrongs sake But if he were a meer invader and as he entred continue a meer Usurper yet so much doth Reason and the Law hate him that is â—lothful in his own interesse that rather then he shall have any thing wrong shall take place by right against right and rather then Justice shall always wait upon him that neglects himself her constant purpose of giving every one his due shall wax weary and give him onely dismission of suit at last instead of remedy Currit tempus contra desidiosos c. as was said and though the Law could even wish too that He should not have it that has yet in hatred of his sloth that should seek He shall never be put out nor the right owner in All this of visible reall things but so as the same rules hold mutatis mutandis of Rights and Services Whatsoever being intractable is possessed and 1 Dictum est qualiter c. nunc autem dicendum est qualiter acquiritâ—r possessio rei incorporalis sicut possessio juris viz. alicujus servitutis per patieatiam quae trabitur ad consensum longum usum pacificum sine constitutione vel expressa voluntate Patientia vero trahitur ad consensum acquiritur possessio juris per usum ut si dominus proprietatis liberum habens fundum ex patientia permiserit uti vicinum suum praesens sciens in sundo suo aliqua servitute ubi jus utendi non habuerit sicut in pastu pâ—â—orum itinere vel actu vel aquaeductu vel hujusmodi per longum tempus pacificè sine interruptione this presumes leave and creates right Bracton ubi sup owned by use a continuance of that use conveighing still so much vigour and proportionable quickness to the thing it self that it daily increases in strength more and more If it were weak it grows strong If it were not able to stand alone it doth now tractu temporis convalescere and a man Hath that he Had 〈◊〉 nor can another Forbid what he might at first have forbidden As if a man shall allow a way an Aquaeduct and by like reason liberty to come once a year and take such a thing a tree from the Forest the tenth row when the Coppice is cut a sheaf or a tenth sheaf out of the field when it is reaped or the like Ex tali usu patientia praesumitur de consensu de voluntate ita acquiritur possessio ex tempore ita quòd taliter uâ—ens sine brevi judicio ejici non poterit c. as we may say in the words of Bracton But then there must be presence and science the use must not be clandestine nor in the night c. and many other such things there are de quibus hic non est narrandi locus but they do not contradict or contravene these things or our aim or scope This I take to be the doctrine and general nature of this accident in part abroad but most at home leading to what prescription is to our purpose from which it cannot but be evident That such a thing there is The Law allows it There is plea for it and from it In time it bindes the hands that were at liberty and creates a right to that was at first but a lazy permission or courteous concession or perhaps violent intrusion We have seen in what time this may be done more then by our bare conjecture any limitation scarce exceeding sixty years and that in a Writ of Right the highest with us the possessour need not prescribe farther to barre out any pretender In some tender speciall cases indeed I should have said 100 years were allowed as 1 Vt inter divinum publicumque jus privata commoda competens discretio â—it sancimus siquis alâ—quam reliquerit haereditatem vel legatum vel fidei commissum vel donationis titulo aliquid dederit vel vendiderit sive sacro-sanctis Ecclesiis sive veneâ— abilibus Zenonâ—bus vel prochotrophiis vel monasteriis masculorum vel virginum vel orphanotrophiis vel brephotrophiis vel gerontocomiis nec non juri civitatum vel donatorum vel venditorum vel relictorum eis sit longaeva exactio nulla temporum solita praescriptione coaâ—ctanda Sed si in redemptionem captivorum quaedam pecuniae vel res relictae vel legitimo modo donatae sunt earum exactionem longissimam esse censemus Et nobis quidem cordi erat nullis temporum metis hujusmodi actiones circumcludi sed ne videamur in infinitum hanc extendere longissimum vitae hominum tempus eligimus non aliter eam actionem finiri concedimus nisi centum annorum curricula excesserint tunc enim tanâ—ummodo hujuscemodi exactiones evanescere sinimus Cod. de Sacro sanct Ecclesiis l. 23. in things given to charitable uses which might be claimed within the Century but this after shortned to 2 Vid. in Authent Quas actiones there following c. Vt omnes praescriptiones contra Ecclesias sint 40 annorum Novel 131. cap. 6. forty and in the ancient 3 Vid. Novel 9. Authent Quas actiones alledged but now Gratian Caus 13. quest 2. endowments of the Church of Rome and formerly no 4 Instit lib. 2. tit 6. de usucap Sect. 9. prescription could run ever against Res Fisci or 5 Vniversas terras quae à colonis vel emphyteuticariis dominici jurâ—s reipublicae vel juâ—is Sacrorum Templorum in qualibet provincia venditae vel ullo alio pacto alâ—enatae sunt ab his qui perperam atque contra leges cas detinent nulla longi temporis praescriptione officiente jubemus restituâ— ita ut nec pretium quidem iniquis comparatoribus reposcere liceat Dat 5. non Iul. Const eal A. 4. Eutropio Coss Ced lib. 7. tit Ne rei dominicae vel templorum vendicatio temporis praescriptione submoveatur L. 2. The title might never be secured noâ— the purchase recouered things of a Temple or 6 Vsucaptionem recipiunt maximè res corporales exceptis rebus sacris sanctis publicis
men Generally injoy with us and they have enough in Any by All meeting is here a Conspiration of at least a treble sufficiency Bless we God who hath not left the support of his Gospel Here to the Good will of Men and uncertain tottering voluntary Contributions but as was said at beginning hath given habitation to this truth with us in England Firm and Stable and by the helping seconding acts of favouring state raised and established as to the outward frame and support thereof his Temple on the Mount of the same materials and under equal shelter of temporal strength and firmness with the lower buildings of the valley The Church is as strong stands as fast as the mannour house and even as much Lower Law for the Civil Temporal Right of these Dues as any other mens Possessions or Inheritances do lay claim to for their sufficient supportation This is the Lords doing and wonderfull in our eys and so let it be also gracious and the occasion of much thankfulness with his People Looked upon as no other then a Work of his Very favourable providence for the safe and long Continuance of his own honour and one of those comforts that may be among the Greatest to those that love the Lord Jesus Christ in sincerity A means of firm establishment of the Gospels Ministery and to hold out that blessed light of the Christians Law to us which may be a Lamp to our feet and a Lantern to our paths to guide us into the ways of peace in exclusion of Saturn Jupiter Mahomet Frea Thor Woden or whosoever shall go about to recover or obtain a place of honour in our Temples now dedicated to the honour of the most high God and his Son Jesus Christ with the Holy Ghost to whom be all honour and glory in Them and through the World for ever and ever And all these things made good too by no other then those have been reputed most proper strengths The Laws of the Land No other Language almost used no other Books or but rarely cited Among that world of Volumes that are of other things and some on this subject in another way yet none chosen or stuck to but these the most of them such and so classical and authoritative that they make the Judgment even of the very Judges I desire may here not unseasonably be awaked to present remembrance and due observation which was laid down before but had There so much amplification because it was to have here its present use and operation and it is that This Law is here below in this World The onely Vmpire of all things the Rule of Right the Judge of Own the Stinter of Strifes and the only Didoes Thong that makes out the Line by which the Limit is drawn that fences Severals from the Common and among themselves the onely Donor and Continuer Preserver Sustainer and Establisher of Every mans Due and Own by which he hath to himself What he hath and No one else hath any thing to do with His Right or Inheritance that gives the Master more then the Servant the Gentleman more then his Tenant the Nobleman more than his Fermour or the rich and wealthy Merchant then his neighbour Mechanick intitles him to his Land or Rent fences in his Inclosure pales his park makes a Thief that enters and takes and carries away and inables him to ask and have and sue and obtain and recover against the most stubborn and unconscionable injustice Whereby he is so far as he is Lord and Master of All things The Law I say The Law it self doth this Alone apportioning thus to every one certainly and justly to every fellow-Commoner His Own in how much disproportion of Quantity soever with the same Equality of Justice to one man Delicates to Another but bread to One Silks to Another Frize to him Robes to the other scarce Rags All this doth one and the self same law ministring to each as it listeth whether a Mite or a Talent a Garden or a Field a Palace or a Cotage And if Then this Law should fail this Rule by any device be Made to warp and this Strong Spring prove now too weak in its full force by all Authority to bring in known dues to Some who have the same claim with All who assures that not to Others also who can pretend to expect by no further or stronger If this Judge should not be able to make good his sentence If this bountifull hand should wither and prove short to reach out allotted proportions to Whomsoever under equall reason of Right now Who distinguishes the Sinews or can warrant their Office long to quicken and actuate those fingers must reach to the wealthy Their plenty and abundance Or not rather doubt their weakness or strength quickness or deadness life and vigour or lost power and infirmity may have together and to All as proceeding fom the same Cause of liveliness or obstruction the same Uniformity This is the Basis whereon all is settled the Rock whereon all is placed the great Bottom whereon all is imbarqued that in England we call Goods and kept a floating If any should think himselfe so cunning with his malice prompted on by his Covetousness for it can be nothing else that He thinks he can sink a part boring a hole at that end where his neighbours Goods are laid up the servants of publick holy work their wealth and sustenance is treasured without further regard to the Community within Let him take heed ere long he hear Not the lowd and shrill Complaints with fearfull Out-cries of all his fellow perishing Merchants who are preserved in and by the same and whose property and safety must all by Consequent be in danger to be lost or gained sink or swim Together to satisfie the greedy desires of those that come plainly enough within the compass of 1 Iam. 4 2 3. St. James his Character Ye covet and quarrell and ask and yet ye have not because ye would consume it on your lusts And let great Possessours Chiefly look to themselves for c. I was going on to due and nearer application but the figure Aposiopesis lays my hand upon my lip and forbids to speak meaning well what may be ill interpreted and therefore prudently and silently let this inference be left to the working of every one 's own Christian and reasonable thoughts Onely this I cannot but add That there are seen great disproportions in the World and some have notable advantage thereby The Ground of All which is the Law There are very great heaps injoyed with security and none dares now touch the property of the rich and wealthy in a farthing If this be touched and removed or violated the bound is going that keeps All from primitive Community And Therefore they should think much hereon who Have much to lose They should love to keep the Fence whole who would not have All Common the boldness must be
banishment making every Lawyer a kinde of Priest and so far forth officiating in his Cure as he duely and reverendly gives forth the things of this Sacred Justice and Law It has place where he is counselling him not to regard Military exercises alone but to inrich his minde with noblest indowments of knowledg and piety setting for his pattern The Prince of Israel who was 1 Deut. 17. 18. 19. councelled to keep always a copy of the Holy law by him and to read therein all the dayes of his life that he might learn to fear JEHOVAH his God c. Yea 2 Haec ut audivit Princeps crecto in senem vultu sic locutus est Scio Cancellarie quòd liber Deuter. quem tu commomoras sacrae scriptura vclumen est liges quoque ceremoniae in eo consoriptae etiam sacrae sunt a domino edita per Moysen promulgata â—uare eas legere sancta contemplationts dula cedo est Sed lex ad cujus scientiam me invitas humana est ab hominibus edita tractans terrena quo licet Moyses ad Douter lecturam Reges Israel astrinxerit eum per hoc reges alios ad consimiliter faciendum in suis legibus conâ—itasse omnem offâ—git rationem eum utriusque lectura non sit eadem causa At Cancellarius Scio c. Scire igitur te volo quòd non solùm Deuter. leges sed omnes leges humanae facrae sunt quo lex sub his verbis definitur Lex est sanctio sancta jubons honesta prohibens contraria Sanctum enim esse oportet quod esse sanctum definitum est Ius etiam describi perhibetur quòd illud est ars boni aequi cujus merito quis nos Sacerdotes appellat Sacerdos enim quasi Sacra dans vel Sacra docens per etymologiam dicitur quia ut dicunt Iura leges sacrae sunt quo eas ministrantes docentes Sacerdotes appellantur A Deo etiam sunt omnes leges editae quae ab homine promulgantur Nam cum dicat Apostolus quod omnis potestas à Domino Deo est leges ab homine conditae qui ad hoc à domino recipit potestatem etam à Deo constituuntur dicente authore causarum Aristotele Quicquid facit causa secunda facit causa prima altiori nobiliori modo Quare Iosaphat c. Ex quibus erudiris quòd leges licet humanas addiscere est addiscere leges Sacras editiones Dei quo eorum studium non vacat à dulcedine consolationis Sanctae Fortesc de legibus Angl. cap. 2 3. answereth the Prince This wel concerned Him for those Laws had to him another tincture of Divine authority which to us is wiped of having none of that high qualification No not so neither replyed he as to sanctity we are not without All law unabrogated for all humane laws are to those whose they are Sacred from the definition For what is a law it self but Sanctio Sancta jubens honesta prohibens contraria which 3 Vid. Gloss lex est ad Iust 1. de Iur. nat gent sect 4. Gloss non faciendorum ad ff de segibus Senatusque lib. 1. he might borrow from the Civilian A sacred 4 Quomodo leges sanctae vid. ff de rerum divis qualitat l. 9. sect 3. sanction bidding what Good is forbidding the Contrary and that must needs have sanctity in its nature into whose definition it is wrought and embroydered And therefore the Art of administring those laws makes us Priests for what is a Priest but he that ministers in Sacred matters teaching holy things We doe so we give out sacred Justice Therefore we are Priests And all Laws are from 1 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ff de leg Senatusque L. 2. God though published by Man For whereas 2 Rom. 13. 1. the Apostle saith All Power is from God The Powers that are are ordeined by Him Law made by such derived Authority derives farther and impresses the stamp of Authority from the first Cause through All for as much as Whatsoever is the Cause of a Cause is also a Cause of the thing Caused Whence 3 2 Chron. 19. 6. God is with you in judgement So Exod. 18. 19. Do thus and God will be with thee Josaphat to his Judges Ye do Gods work Ye judge not for Man but for the Lord. So that Every Law is then Holy Every Statesman may look upon himself as a kinde of Priest every Magistrate a 4 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Rom. 13. 4 Dei enim minister est And Ministri Dei sunt ver 6. kinde of Minister of Holy things Their Study gives them such though their Trade may be unrighteousness and no word can better fit a dying Patriot then these of Eleazar 2 Mac. 6. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to be ready to die for the sacred and venerable Laws of his Country Thus then All Laws are Sacred as derived from God and backed with his authority though made by man and so Ours and so that which is of this fort in particular which occasions fit and full application of those Texts of Scripture in the just import of the words and their full vigour of sense to have Tythes brought in as thus Scripture now requires these Acts of State and Right supposed which also are and they sin against that Sacred Law yea a double sacred Law Mans and Gods in Mans or above Mans having Mans under it who do not Pay Some question hath been hitherto of the 5 Albeit we be be now free from the Law of Moses and consequently not therby bound to the payment of Tythes yet because Nature hath taught Men to Honour God with their substance and Scripture hath losâ— us an Example of that Particular proportion which for Moral Considerations hath been thought fittest by him whose wisedom could best judge Futhermore seeing that the Church of Christ hath long sithence entred into Obligation It seemeth in these days a Question altogether vain and superfluous whether Tythes be a matter of Divine Right Because howsoever at the first it might have been thought doubtfull our Case is clearly the same now with theirs unto whom St. Peter sometims spake While it was whole it was whole Thine When our Tythes might have probably seemed our Own we had Colour of liberty to use them as we saw good but having made them His whose they Are let us be warned by other ment example what it is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to wash or clip that Coin hath on it the mark of God Hookers Eccles Polit l. 5. Sect. 79. p. 429. Jus divinum whether now Any such be of force to bring in this Revenue of the Temple among us and there be that affirm as well as that deny as they finde light or darkness in the Letter of the Scripture which immediately they rely on in their apprehensions But this strife may
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
but must abuse his own Credit and his Masters trust the expectation from a Servant and interest in a Master both together for a Talent of Silver perhaps some spending money to his former means and two changes of Garments the superfluities of a Ward-Robe and how ended the business The Leprosie of Naaman cleave unto thee and thy posterity an hereditary plague and he went from the punishers presence a Leper white as snow Achan 3 Iosh 7. could not let the golden wedge and the Babylonish garment go in the Due way God had appointed but must be filching for his private use what had been publickly Devoted and the whole Army yea the whole Nation yea all Gods people sped the worse for it In deed it was a Cherem 4 Chap. 6. 17. 18 19. Chap. 7. 1. Religion had laid her sacred hande upon all that spoil for God and thence the severity of worse then ordinary indignation 5 Hebr. 10. 31. It is a fearfull thing to fall into the hands of the living God for 6 Chap 12. 29. Our God is a Cousuming fire Ananias and Sapphira their offence lay not altogether beyond the things of this life they did but take back what of Earth they had devoted to Heaven and yet how does the wrath of God fall upon them to the utmost We finde them gasping and dying at once and presently both as terrible Examples of divine severity as we finde any where and yet the meek Apostle inflicted it by his power from another World and I hope we believe it because we pretend to believe the Bible Generally observe there and in Vzzahs and Vzziahs Case the poor wood-gatherer the men of Bethshemesh or wheresoever in the least Religion has been touched to be profaned Gods Jelousie has been up and his quick hand reached home to revenge with sharpness of fury any such violation Nor may we forget the poor man in 7 Nathans Parable 2 Sam. 12. Alas poor man he had not much but one poor Lamb for plenty abroad and that the Rich miser must have to spare his own fold But shall it goe so No saith David in another Mans case He shall feel my Angry Hand By a great oath his own life shall expiate an offence with these circumstances and the lamb he shall restore fourfold beside because He did this and had no pity O pity pity is still a great part of the Bible goodness Oppression and wrong Nothing More the merits of Hell fire by our Religion the Law and the Prophets the Old and the New-Testament joyn in to have justice to all and Mercy to those in need a necessary qualification No hopes of religion without them because their want is a transgression of Religion and what then of those who cannot be content with their Own who will not give other men Theirs who having Nine for One already grudge and complain that they may have that One for Nine also from Gods service to sacrifice to their own greediness covetousness insatiable bellies or lusts and voluptuousness The laws of the twelve tables or Mahomets Alcoran the Bannyans 1 The title of the law of sâ—mâ— Easterlings whose eighth Morall commandment is Thou shalt not steal Herberts Travels page 43. Shaster or the 2 Some other Easterlings who call their law by this name One of there Morall precepts is Not to covet what belongs to another man Id. page 51. Persees Zundavastaw may teach them or us as much Religion as this Nay the tables of the bosome afford it clear and fairly legible that Every one must have his Own or else there is no living and this is the very outside I know mine own bosome of that I did intend to contend for Nor Therefore Throughout the world Doe or can I fear any just man mine enemy But I will not now divert Hitherto we have kept promise and made our walk through the Groves of Paradise Onely Gods blessed Book from the Sacred leaves of whose Holy and heavenly Oracles have these amplifications been drawn which it would be our wisdom to heed as it is in our Faith to believe and must be our Righteousness to Obey and this directing in what we should doe or what we should not doe about Civill Justice by rule or example Methink somewhat should stick I hope it will I pray it may and None be the favour of death unto death but as it will work some way of life unto life and that of the Soul and Everlasting All 3 1 Tim. 3. 16. Scripture is given of God S. Paul tels us this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as his word or Breath and 4 Rom. 15. 4. Whatsoever was there written aforetime was written for our instruction that we through patience and comfort thereof might have hope and Light Now among the heavenly contents of those Divine inspirations are these Rules given 1 Cor. 10. 6. c. these examples recorded 1 That we might not lust as those then set up for an Example lusted Nor Covet as they Coveted nor Murmure as they murmured Nor yet be destroyed as they were neither of the destroyer For these things happened to them for such Examples but are written for our admonition upon whom the ends of the world are come Thou hast Christian thine own light shining in them which thou beleevest came down from heaven of the same kinde with that outshined the brightness of the sunne with 2 Acts 9. 3 4. Saul Saul Take heed Take heed Venture not too far why persecutest thou me Believest thou wilt thou not obey If thou wilt not He that 3 Rev. 22. 11. is holy let him be holy still and He that is righteous let him be righteous still and He that is unjust let him be unjust still and He that is filthy let him be filthy still He that will Covet let him Covet still He that will have his neighbours Goods let him at least grasp after it still But withall know 4 Eccl. 11. ult That God will bring thee to Judgment 5 Col. 3. 25. He that does wrong shall receive for the wrong he hath done and with Him will be no respect of persons Iniqui regnum Dei non possidebunt 6 Psalm 15. 1. Lord who shall dwell in thy tabernacle or inhabite in thy holy Hill Not he that leadeth a Corupt life or doth the thing is not right to his Neighbour God 7 1 Thess 4. 7. is the avenger of all such things as is every where testified but sweareth or giveth to him and disappointeth him not though it be to his own hinderance Remember Him that 8 2 Pet. 2. 15 16 loved the wages of iniquity and Judas 9 Mat. 26. 15. who sold his innocency for thirty pieces of silver and 10 Daniel 5. Belshazzar who must have the Temple-bolls to carouse healths in to his Kings Concubines He would hardly have forborn at the perswasion of a prophet
though he were Rich before But the worth of a few talents must be taken from Gods then Church which ended fearfully His Countenance changed His thoughts troubled His back crippled and His knees smote one against another And yet this but the beginning of Sorrows For All the 11 Psalm 9. 17. wicked shall once be turned certainly into Hell Heb. 6. 9. and All the people that forget God Sed meliora canamus I hope better things and things that accompany salvation though I thus speak That every Christian will be himself That every beleever will be ruled by his own Rule that every son of God will be guided by his father and give to every one his Due whether God or man as is written down in the draught of his will the tables of the Old and New Testament It hath been hitherto but mistake hath made men grumble That some tyrannous imposition hath inforced Tythes some Statute Rampant in behalf of the Clergy perhaps foisted in by themselves in the last age but now the truth is cleared up the heavens shine 't is bright as day that the whole body of the Just law has and has from all times called for them and made them due a necessary part as any of Civill righteousness Now Men I hope will then not deliberate nor dally but walk in the light while the light shineth Doing as they would be done by Giving every one his Own yea Paying not Giving for that is required of thee 1 Tim. 1. 13. if thou be Just not Bountifull I my self also says S. Paul was sometimes a Blasphemer a persecutor and injurious But I obtained mercy because and as long as I did it ignorantly and in unbelief No longer If I should have done it afterwards after the truth came clear to my soul or it shined from heaven and I would or could have closed fast mine eyes against it I might have overstaid my time and the light have been taken from me but I beleeved and converted and then the Lord that would have on all had mercy on me because I did it as I did hitherto in ignorance and unbelief Now my last appeal should be ad Populum Christianum from Severall Persons to whom hitherto to the Body of the People of this Nation High and low Rich and poor One with another Psalm 49. 2. as the Psalm speaketh and All Together for the thing concerneth All And my desire tends to this That they would in the name and fear of God take heed what they doe and not be too forward to set their hands to that they may beshrew their fingers for all days of their lives after in shaking I mean or removing one Stone more out of the building to leave the rest loose or by unsetling Levi's Parsonage house give such example or beginning to shake all the rest that No one shall for an age live secure That His will not next year fall down about his ears Remember what before of Imbarqued All in one Vessell standing All on One bough Take heed of cutting that and Beware of touching that string to any violence that holds All we have together Gentlemen and Noblemen look to your selves ye have as now things are fair inheritances God bless them to you and you to them ye live in Canaan Long may ye there live to serve God in Christ in all worldly felicity But take heed of venturing too farr in untrodden pathes that have at least shew of danger the earth seems to shake under you already Be not over-forward to the unsetling Levi's Portion in this good land the Lord your God hath given him with you which stands here upon the same foundation of Law whether of God or Man that yours and others doe For fear if you should what has but the same support may totter if not fall with His down together Be sure there is Justice in heaven and but too likely means on earth to bring it to pass that if your hands should help to conveigh fire to one Corner of the thatch It may very soon it spread and run all over the house beyond the reach of strength or power of policy and honest art to suppress the flame before it hath burned both you and yours your stately and magnificent sumptuous Edifices Your mansions are many the Buildings great and fair their Turrets high the Battlements stately and lifted up dispersed far and wide over your rich and ample possessions Long may you enjoy them to comfort But if you should rejoyce in iniquity and not in the truth furthering or permitting that spoil is of the nature would ruine your selves and Your own Take heed the stroke reach not home to you too soon leaving you justly ere long neither house nor land nor field nor inheritance And Good Christian people All whatsoever Be not Ye wilfull to your own injury Doe not stubbornly persist in a way may goe on to your inconceivable danger If your Tythingmans due be as your Own right if his Glebe be as your Freehold and his Tenth from your land as your Nine in it and the Land it self take heed how you meddle with the common support the foundation and onely stay and cement of both together If his bee stirred and yours thereby loose if you take away his and he put on for yours as why may he not if you both thereby fall a scambling thence a quarrelling and so a fighting what can follow hereon but very confusion A third may as well strive for both and then what have you gained If the fence of strong Law be not able to keep Him harmless now How should you expect that the same armour should defend you and that spoil and violence should not break in to your disturbance perhaps to lay All in Common to which the breaking of some inclosures does more then declare act and operate to make way for Let every one have his Own and that is an easie and obvious piece of Justice I say again Let every One have his Own and that 's All I contend for which should give offence or shew of offence to None but those that would have that which is Other mens That is His Own the Law makes so of which Levi having as Much as any other Tribe He must have thereby as much of Property and thereby Right and Safety and Security He should and the troubling or disturbing him cannot in equity and the nature of the Thing but doe that which if it should be prosecuted by the same Principles must needs bring about and redound consequentially to the disturbance of all Israel Justice is all I plead for Common-Justice a low and sordid Heathenish vertue not so much in Christianity as I take under it and thereby in it as it comprehends under it universally all sorts of goodness Suum cuique therefore good Englishman and Brother and this is both Common Law and common Honesty As to the Publiqne I have said nothing thereto