The Civil Right of Tithes, Title page – Table of contents
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 Ʋndoubted 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 terrae, By Civil Sanction or THE LAW of the LAND:
Which being the foundation of All Civill Right Here, muſt needs render their Spoliation Wrong, the Taking or withholding as Injurious as of Any other MANS DƲE.
Humbly repreſented to the Judicious and Pious Conſideration of all Sober and adviſed Chriſtians, who fearing God and hating Covetouſneſs, have learned Chriſt fo far, as, To give every one His Own; and would do no Wrong for Conſcience ſake.
By C. E. Mr of Arts.
Quicquid enim jure poſſidetur, injuriâ aufertur.
Quintil.
Decimae autem EX DEBITO requiruntur; & qui eas dare noluerit RES ALIENAS invaſit.
Auguſtin. Serm. 219: de Tempore.
Render Therefore to All THEIR DUES.
Rom. 13. 7.
Licenſed and Allowed.
LONDON, Printed by Tho. Newcomb, for JOHN HOLDEN, at the Anchor in the New-Exchange. 1650.
REVERENDISSIMO. DOCTISSIMOQUE JACOBO. USSERIO ARCHI-PRAESULI. ARMACHANO, PIETATE, ERUDITIONE, CAETERISQUE. ANIMI. VIRTUTIBUS MAXIME. CONSPICUO, DIATRIBAS. HASCE. SUAS. DE. DECIMARUM. APUD. ANGLOS. JURE. NATIONALI. ET. POLITICO, SUMMA. OBSERVANTIA D. D.
The CONTENTS.
AN Introduction declaring the occaſion, ſcope, and limits of the Whole, with way Made to Sundry Propoſitions of CIVILL RIGHT in generall. pa. 1.
Chap. 1. Propoſ. 1.
That by the Law of Nature all was left at firſt in Community; And this according to the Canon, Civill, and Our Common Laws, not oppoſing the Law of God. p. 9.
Chap. 2. Propoſ. 2.
That yet Incloſures may be, the Scripture approving and furthering. p. 27
Chap. 3. Propoſ. 3.
That the Fence making out thoſe Incloſures is Everywhere, THE LAW. p. 31
Chap. 4. Prop. 4.
Which being manifold, That in the world The Maker of Severals is, The Law of Nature, or Nations. p. 37
Chap. 5. Prop. 5.
In any Particular place, The Law of That Nation. p. 39
Chap. 6. Prop. 6.
Individually with Us, OUR LAW. p. 41
Chap. 7.
Here with us Three diſtinct titles made out for Tythes:
1. Of Donation, ſtrengthned by Confirmation.
2. Poſſeſſion, advantaged by Being Poſſeſſed for God.
3. Praeſcription, lengthned for through the ſpace of many Praeſcription-Times; with what Donation (the firſt of them) is.
p. 56
Chap. 8.
The Donation in Kent of K. Ethelbert and his people, and that it is genuine. p. 62
Chap. 9.
The Donation of K. Aelfwald in Northumberland, and of K. Offa in Mercen-land. p. 68
Chap. 10.
The Donation of K. Aethelwlph of All who was over All. p. 70
Chap. 11.
Henceforth needed but Confirmation, and Memorials speak accordingly, of not Giving but Paying: what That is, and Tradition ſuperſeded as of a Right. p. 80
Chap. 12.
The particular confirmations of K. Alfred, K. Aethelſtane, and K. Edmond. p. 82
Chap. 13.
Of K. Edgar with ſundry Eccleſiaſticall Conſtitutions. p. 84
Chap. 14.
Of the Parliaments of Aenham and Habam. p. 85
Chap. 15.
Of the Daniſh Knoght in K. Edgars Law repeated. p. 87
Chap. 16.
Laſtly, of Edward the Confeſſour in his compoſition of the Common Law. That work done by Him: Whence he had his Materials, with Recapitulation and Inforcement of all thus far to the Conqueſt. p. 89
Chap. 17.
Behither, a partition of the ſtrengths into four ſorts:
1. The allowance of K. Edwards Laws.
2. Church-Conſtitutions.
3. Impreſſions of the Secular State.
4. Particular mens Votes.
As to the firſt, what William 1. Will. 2. Hen. 1. Stephen of Bloys, and K. John paſſed to make over theſe Laws into the Charters; and that They were K. Edwards. p. 99
Chap. 18.
In Entrance to the Church remembred,
1. That Tythes were under the Conquerour.
2. Confirmed by Hen. the 1.
3. Owned in a Parliament at Weſtminſter in 3. of the ſame.
Being come in, The Patent of the Court-Chriſtian repreſented, with taking Tythes into that Juriſdiction likely by vertue thereof. p. 110
Chap. 19.
Laws or Canons made by the Church. One under Will. 1. Another under Wil. 2. Another at Windſore. Another at London. Two at Weſtminſter. Three Decretalls ſent hither, and to whom. What force They had here, and vertually the like of Then have yet. More from R. Hoveden, with Parochial Right ſettled by Authority from the Laterane Councel. Two other Decretals ſent in K. Johns time, alſo of force: But the chief ſtrength is in the Provincials collected by W. Lindwood, in Quoniam propter: Quoniam audivimus: Sancta Eccleſia: Quia quidam; &c. p. 120
Chap. 20.
The Canon of Sylva Coedua. Strength of Church-Power to create Right where not reſtrained, inſinuated by the Statute of 45 Edw. 3. 3. against the Exceſs of that Power. The Proceedings in the Court-Chriſtian to Recover theſe Rights. What was intended by the Stat. of 25 Hen. 8. 19. about Reforming the Canons. What was done: The Canons to this purpoſe Given. Till theſe be authoriſed, All Former in force, as by the Proviſo of that Statute. p. 137
Chap. 21.
Among Seculars, the firm Rooting Tythes have in the Great Charter. The ſolemn Ratification and due Great eſteem thereof: with addreſs by Apoſtrophe to thoſe are againſt them, that they keep but faſt here, and This will ſettle Tythes. Their Redargution elſe from their own Principles, and a Chriſtian admonition to Conſtant, Equall and Juſt dealing. p. 148
Chap. 22.
The Statutes of Regia Prohibitio under Hen. 3. Of Circumſpectè agatis, and Conſultations under Edw. 1. Articuli Cleri under Edw. 2. Four more under Edw. 3. Divers under R. 2. and Hen. 4. All but the Exempted now paid, and Who were Exempted. p. 162
Chap. 23.
Ʋnder Hen. S. Wary and juſt proceedings as to this matter. The preſervation of Tythes, when what next was Caſt away. The Need of Temporals for Divine Service. Two Statutes by Conſequent eſtabliſhing them, ſc. 24 Hen. 8. chap. 12. & 25 Hen. 8. chap. 19. and Two more purpoſely, ſc. 27 Hen. 8. chap. 20. & 32 Hen. 8. chap. 7. p. 177
Chap. 24.
The laſt and moſt vigorous under Edw. 6. p. 192
Chap. 25.
An Examination of the Lo. Cooks aſſertion occaſioned by his Comments thereon, That Tythes were taken into Church-Cognizance by ſome old Statutes, as about Edw. 1. time. And that Not, from nine alledged probabilities. p. 198
Chap. 26.
By occaſion of the mention of them in that Statute, The More ancient dueneſs of Perſonal Tythes laid forth: With the Laws in force for them before the Statute. p. 205
Chap. 27.
The grant of the Petition of Right a Conceſſion of All. That None are Burdenſome, becauſe laid on by Law. Application to thoſe that Plead this Petition, that if they underſtand it It Cannot be Againſt but Muſt be For them, becauſe they were at the time of that grant A Right. p. 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. Its ſeverall Meaſures of Limitation, by the Civill, Feodall, Canon, Common, and our Statute Laws. Its 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 Ʋnjuſt 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 onelyonly 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.