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

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Observe it all along and that I have so tempered my stile according to my meaning that I neither have nor can my pen be justly interpreted to have said any thing thereof one way or other And observe it well for private malice is often apt to shroud it self under the Statesmans Gown making a stalking horse of the Publique to come at self ends with craft of from the power above fighting with greater advantage against weakness below and then gold and armies may soon overwhelm by such misuse any private innocence I crave therefore yet once more this notice heeded that of the publique I neither have no● meant nor I hope have given occasion it should be thought I have said any thing The Magistrate is that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or awfull power at top Rom 13. it may be justly dangerous for any private man to intrude to meddle with or whether by censure direction caution counsel or almost good advice to draw into his presence unless there be to Esther her self held out the golden scepter of clear and evident in this case necessary Esther 4. 11. either permission or invitation With him therefore I have thus soon done almost as soon as begun and craving pardon for but thus looking toward him crave leave also humbly to take my leave and depart the most that I have said to or of him being but this that I would or meant to have said nothing to or of him at all A single self is the only fittest object whether of admonition instruction information or if need be contestation for him who is deservedly toward the very lowest stair of those that are such and who yet trusting in the Righteousness of his cause and therewith that which uses not to be wanting the assistance of his God the honour of Christ being also and the Being and continuance of the Gospel of Christ somewhat interessed in the Event fears not the best and greatest of those that are in that singularity upon the highest Religion Reason Truth Justice and the LAW are his great Patrons which as He defends and would not have stirred a bodkin for any other so he mutually hopes They will defend Him and by them they are so publique returns that advantage which ere while was declined to have against him of publique interesse and strength enough on his side For they never come in alone but assisting with the most voices and votes arms and armies of men in the world and if I have not them on my side I disclaim mine own ingagement and all my undertaking and performance presently For I shall always account it honest policy whatever in other matters to strive Here to be always on This strongest side so farre that I professe to remove and shift my sails as their appearance or advantage from them may occasion that I may steer my course along with them constantly nor will I be of that party but rather forsake all as near as I can my self that shall in the least degree give them or what they would have opposition If any can shew I now am I am not only ready to withdraw but shal at any time hereafter shew my willingness to kiss that hand shal gently endevor to lead me from Errour to Truth from Wrong to Right Nay even love that Sober violence that will not suffer me to plod on securely and without controll in an ill way Though I should be at first a little drowsie or inapprehensive But for the bitterness of malice and rage of fury which uses to doubly torment yet doe no good wounding an adversaries perhaps reputation perhaps patience perhaps both and through the sides of Truth too and yet works no correction nor establisheth any thing in the room of what it destroys I leave to that Justice is wont to bring about in foveam quam fodêrunt and that the fire shall work onely upon that cole that bred it but gently warming whom it would but could not burn So does malice and So let it onely eat into its Own bowels and fury torment the inraged in their own flames for me if any sparks thereof should fly about and touching me somewhat sharply prevail to a temptation of return of the like the worst arrows of Revenge I have presently ready to retort are Permission Pity Prayers and Patience being resolved to entertain the cross with nothing of more malignity then what I learned from my Saviour on the Cross They may not understand themselves Father forgive them Which as I have received from and by Gods grace in this my life so I hope and pray and the rather hope because I know I unfainedly pray for it that it may accompany me to my death and be mine to the end and in the end and this shall set me for ever beyond the smart of Injuries Good Christian be Thy self Not a Name onely as if thou Livedst but a Christian in Deed in Love in Meekness in Charity in Justice in Mercy and forgiving as thou wouldst be forgiven Love that Justice Hate All iniquity give Every man his Due Prefer not the world before thy Soul Honesty or Religion Let every one have His Own but Love God Above All and pray that I may be as Thou art and then no doubt God which is our Own God shall give us Both His blessing His blessing of peace and quiet Innocence Here with eternall rest in the world to come with himself To whom One and Three be all honour and glory For Ever For Ever For Ever Amen Amen AMEN Τῷ Θεῷ τά Θεȣ A Prayer of the AUTHOR O LORD Jesu Christ which sittest at the right hand of thy Father in fulness of Glory Sith by thy Providence I have had Opportunity by thy Grace been Directed by thy Power Inabled to lay together these things conducing I trust to Thy Honor and Glory I give thee humble and most hearty thanks for the Riches of thy Mercy vouchsafed herein and Pray both that Thy Blessing may go along with this Work of thine own Service and that the Things may be successfull Thereby for that Great end for which I have intended them Give them Prosperity and good Success abroad in the World and Give thy Servant always Grace to rest even abundantly and richly contented satisfied and rewarded in having attempted any thing to the Honour of Thy Name Let thy Gospel flourish by All means Prosper All Courses that tend That way and if the continuance of these stated Dues be One so looked upon by the eye of thy Providence and requisite in the nature of things I cast my self down before the foot-stool of thy Throne Praying and Beseeching That it may not be in the Power of Man to withdraw or pervert disturb or destroy Though thine adversaries should be many and rage horribly yet Thou that dwellest on high art still Mightier Arise O God and let not Man have the upper hand let thine enemies be judged in Thy sight
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 of● 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 Le●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 call● 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 ● 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
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 F●llow Peace with Al● and HOLINESS without which No one shall see the Lord. Heb. 12. 14. Blessed are the P●re in heart for they shall have this advancement Matth. ● 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 ver● 15. Circumspectly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 exactly precisely 4 1 Thess ● 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 4● 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
encouragements Honoured All with acceptance of a Dedication somewhat of Divine Right Should have been added and annexed by another Pen and in me it lay not that it was hindered and came not forth None of that which is 't is hoped can be offen●ive to any to whom Justice Truth and Law create not a scandall While our Records and Those Laws are preserved to what other end could I think them kept and declared for but that they might when occasion is be produced and alledged Nor can I prejudge any bearing the Name of a Christian of so vicious a tenderness as that the evidence they give to Truth and Righteousness any where or here can offer him any the least occasion of displeasure or dislike For those are interessed deeply for the profit especeially the Reverend and Learned my Fathers and Brethren of most Sacred and Divine Profession of Them have onely to crave I must and ought exceeding Pardon Psal 135. 2. Vos qui statis in domo Jehovae in atriis domus Dei nostri that I have so weakly ●amely and in many regards insufficiently performed by bold attempt of single solitary industry what might have well required the best of Their Conjoyned furtherance Humbly acknowledging that a Work of this Difficulty in it self and high Concernment unto Truth and Them might fittingly have awaited the Conjunction of many heads and been more happy by falling into the hands of many co-operating Advancers who might have both made out performance somwhat answerable to desert and added also the Countenance of Authority which the privacy of my Condition or unequal abilities Could neither expect or promise my self or Others But then withall when I considered and They shall please to reflect on The darkness and untroddenness of the way wherein I have been forced to go mostly Alone and looking downward in Their onely Service The number and distance of the flowers from which this honey as little of it as it is must needs have been gathered without any help The Labour of the Work The difficulty of the whole And so little encouragement for any part that in such stormy Times when mens greedy affections are also checked their lusts crossed and their tender ruptions touched to danger of offence Impunity is towards the highest of Hopes They will Then 't is hoped if not for any desert abroad at least from the Innate Candour and Ingenuity of which the World acknowledges such store within their own bosomes Vouchsafe it this humbly craved and much desired and needed Pardon or perhaps yet a little farther and more favourably accept this pledge of Love and Evidence of Good will none can but see was meant in way to the glory of God and establishing his Book to end as to here below Cheifly for his Own is inconsiderable in Their Profit Advantage and Benefit It is left to their better skill and united endeavours if they may be had to smooth up by degrees unto the highest Requisite of all necessary perfection what I have I hope not altogether unluckily begun for this is but the drawing of my Ruder Coal and to add the Exactness of Art Proportion of Lineaments Symmetry of parts Life of Colours and all other Imbellishments of Ornament Circumstance or Substance very needfull in so very needfull a Work to the degree of How What and As they Please In the great variety that is in the World and some opposition of Judgements it remaineth hard if not impossible to please All While One desireth This Another That One is for Antiquity Another for Novelty Such Laws please Some The Contrary Others and Some like None at all Stubbornness making it out to a Prodigality of life often in Defence of bare Opinion In which Case what should now the Speaker Do or say What but even sit down in the Conscience of his Integrity Acquiesce in that he meant to offer His Sacrifice of Service to None but God and Truth and if a few Sober and Grave either Approve or Pardon to Account This or but even the Last a full accomplishment of Desire Taking assurance it is very unlikely to meet with any thing but Contradiction from Those Many who Agree chiefly to Contradict and cross each other When All Men are of a Minde then may it be hoped One Thing will please All But This not like till the same Gale of Winde fits severall mens Voyages who have their distinct and opposite ways to All points of the Compass Now sit down and Consider Judge Differ and Be Charitable O Christian Remember much That thy Great Name of a CHRISTIAN implying nothing More then To Be to Be nothing more then Good and Vertuous to be Good and Vertuous scarce in Any thing So Much as those necessary accomplishments of a Christian Ephes 4. 2 3. in Meekness Mercy Tender-heartedness Grace Peace and Love endeavouring to keep the Vnity of the Spirit in that Bond of Peace as the Apostle counsels 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. with all Humbleness Lowliness Gentleness and Long-suffering Bearing and Forbearing As knowing that Rage is Brutish Col. 3. 12 13. Cruelty Inhumane Fierceness Heathenish and Thou art thy Thy Self Nothing more then in Readiness to Give and Forgive Phil. 4. 7. Him that offends even Purposely till Seven times and Seventy times Seven So Put on Therefore as the Elect of God Holy and beloved of Him Bowels of Mercies Kindness Humbleness of Minde Meekness Long-suffering Forbearing and Forgiving even as God for Christ his sake forgave both Us And then the Peace of God 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that passeth all Thought shall no doubt dwell in thy Heart by Jesus Christ our Lord. Amen Imprimatur Febr. 4. 1649. JOHN DOVVNAM FINIS