The Civil Right of Tithes, Ecclesiastical tract · Chapter 27
CHAP. XXIX.
AND this of the firſt branch of Donation, made out by many ſubſequent confirmations, before, under, by, and ſince the beginning of the Common Law, as well before the Conquerour, as ſince under theſe four heads of, 1. The Confirmation of K. Edwards Laws, (wherof theſe were a part:) 2. The Church Decrees, (authoriſing the King, licenſing the State, looking on and approving all the other power that was:) 3. The Acts of Parliament, ſuch as looked this way out of their direct way from the great Charter to the Petition of Right, incluſivè:) 4. The Learned Expoſitors, taken for Oracles of Law particular, as Cook, Fleta, Bracton, &c. Adding ſome hint of proceedings accordingly, and eſpecially aſſerting throughout the Eccleſiaſtical Juriſdiction for them, which will alone induce and make good all the reſt. All which together has been ſo much, and the Roots of this Right ſo far ſhewed and evidenced to be ſpread hereby, that few mens eſtates I beleeve can hardly ſhew, or colour for the like, and yet the men poſſeſs and enjoy what they have in peace and firm ſecurity: for through all the good old Laws of the Land theſe roots are hereby manifeſt to have been diſperſed, and as it were through every part and member of our Engliſh State and Corporation; Fees, Socages, and Serjeanties are but of yeſterday, the Children of Power rather then Right at firſt, and take their utmoſt date on this ſide the battle of Sanguelac, beſides age and to us unuſefulneſs, affording other infirming conſiderations enough; Mannours and Fee-farms of not much greater reaſon and equity; and both Copy and Free-hold chiefly grounded on (as they are come to us, & underſtood to be poſſeſſed) the Word of the Law: But theſe were voluntary Conceſſions of the higheſt powers, in their ſolemneſt meetings, long ſince, upon ſo reaſonable conſideration, as to eſtabliſh the doctrine of the Bible, (and ſo they yet ſtand to beare it up like the pillars that ſupported Solomons Ivory Throne,) Behither and beyond the Conquering day have held up ſtrong and faſt in deſpite of all ſtorms that have been ſince our Nation believed the Bible, (whether to decay with it time will ſhew,) and if the reaſonable and continued, willing and authoriſing powers of the Nation, all of them, could by their pactions (the ſureſt ground) create a Right, Here it muſt be Sure and Firm, ſuch as the like is ſcarce to be found again in our Community. All could not have been deceived, nor force in every thing 'tis very like miſ-placed: Laws, Canons, Acts, Ordinances, Decrees, Statutes, could ſo many effectual, and in other caſes ſufficiently made Rules of Right be here made, and yet not made, and yet have born rule with obeyed power? If Civill Right be ſtood upon, could All ſo Many operative and continuing cauſes thereof have wrought from time to time kindly and vigorouſly without any effect, or but Muſt contribute and do what humane Pactions and Conceſſions could, or any thing below the footſtool of Gods Throne? The Divine Right I confeſs is of another ſort, more awful, it ſeparates clearly to an higher kinde, and we look upon it as (more venerable,) founded in God, and partaking therewith of his conſtancy as well as holineſs, muſt be always without ſhadow of change the Same, Nor can be touched upon rudely with profane hands without a Relative violation of that Majeſty above from whence it proceeds: (And Therefore men ſhould be very wary how they affixe this ſeal of Heaven to every Imagination of their Own, ſtamping the Character of Divine Right upon diſputable opinions, entituling God thereby to their perſwaſions, perhaps errours of fancies, and but what they ſtrongly conceive muſt be Thus of equall authority with Divine Oracles: Higheſt preſumption!) But ſpeak of Humane Right, what has its firmneſs whence▪ all lower titles and incloſures have, the agreeing Acts of Men, and Mutual Humane Stipulation; Of this ſort I believe we ſhall ſeldome finde any thing better grounded or faſter ſettled then This, (And if ſeconding and conſpiring rules of common equity can contribute any thing to the backing and ſtrengthening of what is ſo placed and ſettled, theſe not wanting neither) and by as good title as any men have any thing with us, our tribe of Levi has here in England the ſame to the Inheritance of Iſrael. Equail in this too, that 'tis as good as the best, and if we had any better or higher, this would no doubt come out with the higheſt: But we have none; Our Tribes pretend not to a partition from Heaven; nor Dominion, or Property, Lordſhips, Mannours, or Honours to any thong to be cut out by but inferiour, lower, inconſtant rules of arbitrary good Will and Pleaſure, guided by compact and Humane Wiſdome; And therefore Levi hath no reaſon to take it amiſs if in this he be not preferred above his Brethren to a right of another ſort (if it ſhould prove ſo) and higher ſtrain having a touch of ſacred and extraordinary, ſealed from Heaven; But rather bleſs his God if he have done full out ſo much for him, as for others, (and as he did anciently heretofore among his own people,) giving him an Equall Higheſt Claim and Right with the Beſt, and as near Divine as any of his Nation. Which is both done and cleared certainly, and ſhould ſerve his turn ſufficiently and abundantly.