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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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to obey Ask thy self Whether Thou wouldst be content another should thrust thee out of thy Rightfull Right If thou hadst a livelihood to direct and minister in Gods service or but to serve thy self eating and drinking Wouldst Thou imbrace it as acceptable good dealing any otherwise then as thou wouldst submit to persecution to be turned out into the High-ways and Hedges to get what thou couldst finde in the Forest imbracing the Hils for a shelter and the Rocks for a covering If thou wert in present by due and honest forms of Law inducted and possessed A. B. Rector Ecclesiae Parochialis de C. and so tam de Jure Communi Ecclesiastico quam de antiqua laudabili legitiméque praescripta consuetudine jus percipiendi recipiendi habendi omnes singulas Decimas tàm majores quàm minores mixtas minutas infra Parochiam de C. provenientes crescentes renovantes contingentes did of right belong unto thee as was before in the Libel and if proved carried the Tenth Wouldst thou discharging thy duty and carrying thy self according to Law for what thou receivest by Law be willing thy Neighbour should deprive thee of That Own and having right to receive the Tenth by the same title He retains his Nine and would count him a Thief should take any away Think well of it that the great Fish should eat up the little one to make his panch swell the Nine should devoure thy Tenth and thou be turned out of the Sweet and Safe of thy Property to a good allowance thou hast no reason to doubt or fear thy good Neighbours will afford for the labourer is worthy of his hire in Charity and Equity Some Overseers Careful care shall see thy bowels fed thy nakedness covered thy needs supplyed thy poverty relieved thy whole family sustained Put thy self in case of his person Now under doubt of being brought to this state by thee Deal impartially between God and thy soul satisfie thine own thoughts in the proposition and resolution and if Thou couldst accept perhaps thy Brother May If Thou Wouldst be so done to thou mayst the rather expect it of Him Petimusque damusque vicissim What thou couldst be content to undergo thou mayst with more reason impose to have suffered But if Thou abhorrest the inconveniencies foreseen in this way Thy Nature regenerate or unregenerate sanctified or prophane hate the lowness or vileness if not baseness that must be consequent upon such an injury when thou shouldst not have left what thou couldst call Thine Own Thou wouldst not by choice part with thy Right any more then suffer an Extortioner to deprive thee of that thou hast or the stranger to spoil thy labour Nay Thou wouldst defend thy self as against a foraigner a Spanyard an Indian or a Thief Then think what thou wouldst put upon another State thine own Case in anothers person as Nathan taught David to see his Sin in the supposition of his poor Neighbour Invade not thy brother Put not Him besides his Right Enter not His Possession Disturb not His property Allow Him the Comfort and Assurance of his His Own which thou wouldst rather spend to the utmost farthing if not Dy rather then suffer thy self to be put out of to stand to the Courtesie of Supplied with any Charitable allowance Good Christian Do as thou wouldst be done unto walk by thy Rule Live as thou Believest or shelter not thy self under Profession with those of Whom thou art not Thou hast no reason to further or put upon one what should not upon another to force on his acceptance what another would decline or upon thy ne●ghbour what mainly Thou declinest Thy Self Thou mayest think I have the same affections desires needs necessities the whole body of humanity and humane frailties belonging thereto to be supplied or yeelded to that thou hast The same infirmities diseases emptiness nakedness to be fed clothed relieved and in all regards worthy consideration as and in the way thou requirest If Thou wouldst not trust to Nothing if Thy self wouldst not be turned to the shame and misery of penniless bench If Thy Love of this world consisting well enough with the Love of God would not be outed of Plenty and Wealth stripped of property and left to uncertainty 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Be but as just and reasonable as old Tobit desired his Son Tobit 4. 15. Do to None 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 No not to One what thou thy self hatest Iam. 1. 22. Whatsoever thou professest or receivest or believest Be a Doer of the Word not a Knower onely Rom. 2. 13. lest thou deceive thy self for Not These shall be justified before God Iam. 2. 14. but Those And What doth it profit a Man that he say He hath faith and hath not works shall that faith Save Ver. 21. Was not Abraham our Father justified by works Ver. 26. when he offered his Son on the Altar Whence we see ●by Works was his faith made perfect And as the Body without the Spirit is dead so Faith without Works is dead also I urge an Apostles words onely in His meaning and that must sure imply Heterodox in opinion from none that is in Religion truly Christian Proceed Is there any such Thing as The fear of God! Does any Text of the Old or New Testament mention it clearly to duty Dost thou Believe it and that thou hast it or oughtest to have it and Canst thou then take or detain that which belongs to another or lay hold or keep hold of thy Neighbours Goods Do not the Principles of thy Religion improve and heighten the in-bred perswasions of Nature Teaching and assuring thee first That this is Wrong yea 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and so 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Transgression and Sin and darest thou Then do it when thy Judge looketh on pretend to fear God and yet do what he Hates and yet thou fearest him Ecclus. 34. 21. and yet thou art confident to disobey him Or if thy filiall awfull fear be not yet awakened let me Knock louder with that Thundring threat of thy Saviour Luk. 12. 4 5. And I say unto you my friends Be not afraid of them that kill the body and after that have no more that they can do But I will forewarn you whom you shall fear Fear him which after he hath killed hath power to cast into Hell yea I say unto you Fear him Did not Zacheus Christ his host come in with his injuries in his hand and before he makes any question of his Salvation openly professeth his Restitution Behold Lord 1 Luk. 19. 8 9. Discimus ab exemplo quid faciendum sit iis quos peccatorum poenitet Primum enim quatenus fieri potest resarcienda sunt damna aliis pervi● aut dolum illata quod ipsa natura dictat Neque enim peccare desistit qui alien● retinet Grot. in loc pa 789. Pecc● tum non dimittitu● nisi restituatur
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-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 s●m● 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
in our Religion Behold here this speculation reduced to act that what I said may then be because it has been and is both heretofore and now the stage of this world represents examples in being to every ones veiw and consideration Neither doth this contradict the Scripture we shewed before thence some glimpses of light rather to countenance it but there is nothing sure that forbids Community or commands that Separation which breeds propriety in either page of the Old or New Testament For the Old first where the Story of the Creation tells us indeed 2 Gen. 1. 28 29. Deus humano generi generaliter contulit jus in res hujus inferioris naturae statim à mundo condito atque iterum mundo post diluvium reparato Hinc factum ut statim quisque hominum ad s●o● usus arripere possit quod vellet quae consumi poterant consum●re Gr●t de Iure Bel. lib. 2. cap 2 sect 2. pag. 127. The earth was made stablished adorned and the Parent of the Donation all that was that God blessed Man and bade him Multiply and have Dominion over the Fish of the sea the Fowls of the air and every thing that moveth upon the earth with Herb bearing seed for food and Tree bearing fruit for meat and Adam particularly put into Paradise But what parted place any one should have or the fruit or royalty of so much ground with exclusion of others or that a partition should be made One to have This Another That this we read nowhere After when things were as it appears after separate for Cain and Abel had their severals Gen. 4. and after that again confounded by the Flood the following restitution to former state if we view the renewed 3 Gen 9. 3. Every moving thing that liveth shall be meat for you even as the green her● have I given you all things c. So far from giving any h●nt of Appropriations that from things so as they are here cast down in a heap some fetch argument for a Community as in Bellarmine de Bonis oper in partic lib. 3. c. 11. E● certè non obscura rerum planè communionis vestigia occurrunt in donatione illâ Numinis Gen. 9. 2. saies Mr Selden Mare Claus lib. 1. cap. 4. patent of the supreme Lord had not much more then the former but spake much in the free and general language of the first donation And if Noah's Posterity had after any Severals as we know they had they were left to divide by humane discretion and each to have no more then what by the Providence of God their own wisedom could mutually asscribe to one another Which was done Gen. 10. Hitherto we finde no Jus Divinum what every one should have for the Islands were divided and 't is shewed by whom ver 5. and in Pelegs time the land which I take to be the terra firma ver 25. and ver 32. whence he had his name of Peleg that is Division After what was in the promise to Abraham or Levitical Law or execution in the Book of Joshuah all know but nothing to our purpose Come we then to the New Testament Is there required any such thing as this distribution or bounds set or appointed they should be set what should be whose If it be 't is very obscure and the lines so dim that mark it out that they and it are by any ordinary eye very hardly discernable Our Saviour bids give to the Poor and to Caesar and to every one his own and many such things supposing Propriety but then the Propriety was before He nowhere raised fence but intimated and insinuated it should be kept They would once have * Iohn 6. 15. made him a King whereby he might have grasped dominion into his own hands in gross which he might have afterwards given out by retaile But this he peremptorily if not scornfully refused because 1 Iohn 18. 36. his Kingdom was not of this world The manner and course of his life we all know and that we must make the best of it to advance it above Indigency He often complaineth he had not a house to put his head in and was fain to 2 Matth 17. 27. Observe And this he did that he might be able to satisfie an unjust order for the children were free of whom he was So far from countenancing the establishing of any new Power he might seem to set up that meerly because his quietnesse should not give offence 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he readily submitted to the unjust power that was Sure his Kingdom is least of this world and worldly Dominion As sure his Religion rightly taught or Power duely used will have no operation to hurt any Powers if just be they what they will Be subject to humane Ordinances as yee finde them is the pith of the whole Be contented and quiet much of the duty of a Christian as to the publick create as it were a doller to pay his tribute so little he medled with wealth or worldly Possessions There was some of this very work brought unto him an 3 Man who made me a Iudge or a Divider over you Luke 12 14. To decline what in the same expresse syllables as it is in the Septuagint was objected to Moses Exod. 2. 14. Contentus dare Praecepta generalia quae ad res quasv● accomodari à vole●tibus facillimè possunt singulorum negotiis me non immiscebo Grot. ad loc Inheritance in gross which he was requested to be so charitable as to divide to part strife between brethren but he would not intermeddle for that reason which also constantly swayed with with him in his whole course he would be no medler no divider of Inheritances He did not finde any fault with the thing done forbidding it should be put in practise by others but rather approves of what he found by the just measure of his Acts and Words heeded for argue from his silence he laid not the block of any prohibition in the way having just occasion permitting there by no doubt other persosn Corporations States or Laws to do what they should think good which is enough against all Levellers and he approves and ratifies what they shall do for their convenience by the same reason for which he would not divide for neither way would he meddle Nor should the Court-Christian interpose in secular Affairs or Religion disturb the quiet world but leave things as they are found and let worldly men dispose as they will their worldly Inheritances Considering in our depraved estate the Corruption of our Nature it can hardly be conceived how we should do well or frame to quiet so many as therebe of us and of manifold mindes and tempers without partition which might render it necessary he should à posteriori approve those by Laws the Community of men shall make for quietnesse and stinting the Common which he does in submitting and commanding to submit
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 tàm in judiciis quàm 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 ●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