and most ancient hits our present Case A deed of gift related in that famous Law of Edward the Confessor about Tithing made long before under the first Saxon Christian King Ethelbert Concessa sunt a rege Civill Right P. 62. About the year 600. Baronibus populo they are granted by King Barons and people this you see not by tyrant Kings that thought every foot of land their own but very orderly King his Barons theirs and peoples theirs and this in Kent too and that I hope includes Spillhills Farm What need we now look for private Donations since made they were indeed more truly restitutions of what was sacrilegiously withheld through the calamity of those hard times under the Danish and Norman Invasions The long uncertain fluctuating of Tithes till they setled in a fixed Parochial Right demonstrates the first payments as to any Laws of men were arbitrary a thing can truly be given but once We have the Record for above 1000 years confirmed since restored pleaded used had recovered since to this very day will not this alone constitute a Right Yet Selden in his History of Tithes and â—illesly in his Animadversions upon the History in both C. 8. deinceps give a reasonable number of such instances for private Donations out of several Records and the late Arch-Bishop of Canterbury had many such transcribed for him out of the Records of the Tower of London as you may see in the Diary of his life set out by Mr Prynne From whence and other places of Record more may be fetched though with some trouble I suppose and charge to him that shall be so scrupulously inquisitive into that which no man almost doubts of but my Neighbour But admit these many arbitrary private Consecrations or restitutither of what was long before consecrated yet Staplehurst and Spillshill Farm will not be included in them as if men were not priviledged here to bestow their own goods if yet they were their own by free consent as well as others were by troops in other places Did others freely elsewhere and were men here forced done it was possession hath been delivered up to the Rectors of Staplehurst by them enjoyed many generations none contradicting who will say though all Records should have perished or nothing ever Recorded at all but that the Consecration here was of the same nature as all elsewhere were free and voluntary yea so far were men from being forced to doe it that they were forced to get leave to do it and to sue that their said free donations might be secured by regal confirmation such need was there thought to be that bounds should be set to mens superaboundant bounty in those times Be not contentious Neighbour pray be not let this satisfie you that such a thing was done it remains now to examine how well it was done This more modest adversaries in this Cause are contented with and why not well done No man can lawfully give away the labours of another that is yet unborn as if it were lawful for men by Will to make slaves of their posterity for ever Pray look back to p. 2. Abraham gave it and Jacob vowed it the free vow of the Parent did binde the children Yet children are not mentioned in either Abrahams gift or Jacobs vow 〈…〉 with us have expressed their will to stand for ever many of them with solemn imprecations against them that should ever alienate what they have so consecrated yet neither of them were owners of much Land all their life-time were not owners of a foot of Land at the time of those Dedications yet they might binde their children to pay Tithe out of what they never gave them As for our Fathers if they binde their children to pay Tithe out of the Land they give them they make their children slaves I suppose without labour no Tithe-corn was true then as well as now I would you would see how your pleading against our Donation confounds it self Well this was a slip in your memory that I say not in your conscience to write any thing as it fits your present turn which will you now part with that Observation or this Argument The Observation is one of the main Sinews in your Book P. 14. Abraham and Jacob gave and vowed it freely then God commanded it justly and gave it to Levi graciously The Free gift going before made the reason of the equity of the command following after which would have no force but upon this supposal that their posteritie was bound by the Free-gift of their Ancestors What you will do here I know not I should advise you to let go rather this Argument for all your confident conclusion upon it I hope you will now desist For pray tell me in seriousness should your Land-lord by a deed of gift pass over to you your heirs all his right and title to Spillshill and the Land about it free from all incumbrances even this of Tithes to the Minister only charging it with a rent-charge of Tithe to the poor of Staplehurst for ever would you cry out upon your Landlord as one that meant to make a slave of you you would think there was you know how much given you by the year for ever and a good penyworth to him that uses it paying him well for his stock and labour upon it besides If the Rent-charge you are bound to should be a 9 or 8. you would count so much less given you as the Rent-charge is increased if he should set the Rent-charge higher then the land is worth so much as when it is paid there will not remain enough to pay the user for his paines then I suppose you would intreat your Landlord to keep his gifts to himself and be contented to be his Tenant still This would not be to make you a slave for here would be no violence if you did not like his gift you might let it alone you know how to apply I hope you will desist your using this Argument any more And here 's all I finde against our Donation where it is purposely spoken to But I shall â—â—ean up out of the whole Book what is to be found to invalidate our plea. The next Exception is against the badness of the principles upon which it is supposed to have been done they indeed amiss iâ— will weaken the acceptance of such things with God but not a good title among men But see what is said P. 6. Acts and Monuments Charter of England Tithing Table of England P. 10. They fetch all their ground for it out of the Mosaical Law of God And again A King on his death-bed did give the tenth of all his Land to the Priests that then were but it was out of a Popish perswasion that they were due by the Law of God and all was Popish then If this be not true surely you have overlashed too much Examine we now the particulars Were all Popish then what
to break off the agreement upon the account of the sum to be paid does not I promised upon his intreaty to forbear him if he came in any reasonable time to pay me and I kept my word above three years together He promised to compound with me by the pound rent consenting to my termes offered and broke his promise adding contempt to boot by laying me down twenty shillings for three yeares who had laid me down fourty shillings for one year as he said because he had promised me I dealt with him fairly and openly he dealt deceitfully with me for after he had chosen to compound with me by the yearly rent liking that better as he said then to compound by the Acre for then he might use his Land as he pleased he offer'd to bring me his Lease that I might see what rent he paid whereas it is known there are some pounds reserved of his Rent which are not specified in his Lease I am perswaded this was never done by his Landlord my truly honored friend to abuse the Minister The goods controverted I am ready to make good my claim to by that which determines all mens claims among men to things of this nature the just and righteous Laws of the Land he avoids that tryal even with contempt and rebellion after contempt to the lawful commands of the Supream Magistrate as not having any title at all to them that is pleadable in any Court of England and if the Law of God makes them his I desire to see that Law such an evidence I hope will satisfie Magistrates and me too If he detain them by mans Law let him plead it if by Gods Law let him shew it if by neither P. .9 it plainly appeares he hath no right at all and I should pray him to detain them no longer it is sin I never doubted the lawfulness of receiving Tythes he never denied the payment of them or a composition for them to buy his peace till he had to do with me whence I suppose he alwayes held it lawful so to do neither hath he given us one reason in his Book why his mind is chang'd Add that he saves his goods by a deed of gift to his Sons and ventures his person though a person of that moment to soules as an Elder preaching freely to a Congregation baptized many years What truth there is in this pretence let his own heart judge what honesty there is to convey a mans estate to defraud creditors let others judge but what piety it is for an Elder of a Church the freedome of whose person is of that precious value in the exercise of his Ministry to secure his goods in a contest and venture his person when the debate was about the goods not about the person let the members of his own Congregation judge These are sore suspicions in him of the sin I am so often charged with even in this very business yet I dare not with all this evidence name him so I know these dealings may be referred to other causes of which some are not so bad as coveteousness and some are worse I only should advise him to consider his wayes Neither dare I wholely excuse my self from this sin though I could say much to clear my self in the day of man and I know this mans accusations are without proof I hope grace enabling me to approve my heart to God a greater witness then man I say no more then this he is aged and I though but in the thirty fourth year of my life am weak as being lately pulled back by a powerful hand of God from the very Brink of an Hectick Feaver and still in a constant inclination thither again we had need not accuse one another rashly Rev. 12.10 there is one will shortly accuse us both more vehemently then we can one another and it will be our best wisdom to prepare both of us with all seriousness how to answer his accusations P. 21. But how could this word drop from my neighbours pen that Englands Priests never yet learnt in every condition to be content what not so much as one excepted and never I could tell you neighbour of one the least of ten thousand that professeth in the sight of God that the greatest discontent he doth and hath for a long time gone under is his own and yours and other mens sins and yet not of so vast an estate as may be an eye-sore to stir up the plague of envy in any man P. 18. Oh Neighbour in the fear of God consider what Spirit it is puts you upon judging the hearts of so many alive and dead known and unknown to you many of them such as have been the glory of the Churches of Christ all the world over I say not the Lord rebuke you but I say the Lord give you repentance and make you know that a friendly admonition about the breach of Gods Law is no threatning you neither before in the eighth nor now in the ninth Commandement Let profane wicked ones who will not get out of the danger of the Laws penalty say they are threatned when they are told of a Law of God the Law is not against them that are lead by the Spirit Gal. 5.23 direct them it does but you are an old Disciple other apprehensions become you and a more willing conformity to the mind and will of God I used no sharp words then neither do I now do not put forth your hand to take and keep your Neighbours goods against the lawful owners mind it is against the eighth Commandement do not bear false witness against the hearts of so many multitudes of whom the world was not is not worthy it is against the ninth Commandement God is the Judge he will require it think of it I intreat you as a Father That expression of my resolution to recover my right from him if he and I lived together as he proposes it does savour at least of unadvised passion if not of revenge but he professeth he did not publish it with that intent and I accept of his profession though his repeating it often and especially his leaving out my own explication of my self that it was a resolution grounded upon conscience of my duty that I ought not to lose the Title to so considerable a part of the publick revenew given for the good of souls of which I have only the benefit during my present service in the place which in another place himself sets down leave but small ground of credit to this profession of his Had he now set both together P. 6. I am most resolved to endeavour the recovery of my right if you and I live together and added what followes I say I am most resolved I shall sin if I do not c. it would have took out all suspicion of revengefulness out of the Readers mind concerning me I being necessitated to write so openly he mis-interpreting
great weight and obstinacy in any evill to preserve the reputation of our wisedome will be an hainous crime in any Cause much more in this As a Conclusion of this Discourse I shall adde some general Answers to other mens Exceptions against the Magistrates making Laws in matters of Religion and then I shall have done with the second Plea The first Pretence is the difficulty of defining to the Magistrate his due bounds in such matters All yield some infirmities of mind as to the belief of Truth allowable as well as some infirmities of heart as to the practice of Duty And where shall we set the bounds why such a difficulty now more then under the Old Testament Hath Christ given us the Gospel to obscure the Truths of God or to make them more illustrious At least fix there this at first sight is reasonable let the bounds that then were as to matters moral and perpetual be now 2. May we not agree thus far to restrain men from trampling under their feet that blood which must save them and from doing despite to the Spirit of Grace keep men from committing that sin which shal never be forgiven them 3. Can we punish an Adulterer with death and yet tolerate those filthy Principles through which he was led to commit it 4. If men hold principles formally destructive of Civil Government shall these by that Law be tolerated by which Civil Government is upheld For my part I professe though I am not so self-conceitedly cruel as to wish nothing tolerated yet I cannot but tremble at an Act of Toleration for any thing that is evil For what is that but to make a State-allowance for men to sin Should I hear of an Act of Toleration to but an officious lye I should think it an evil greatly to be lamented yet I would not have every such a one haled to the tribunal of publick Justice for it If any thing be to be declared in the matter of Toleration it were more proper to declare severely what they will not tolerate then what they will But this Conscience is a tender thing and may not be forced Religion is not to be beaten but perswaded into men Gen. 9.27 that 's the way of the Gentiles Conversion Prophesied of Why Lawes Politick have for their end to revenge the evil done by executing wrath upon the doer to the terrour of others the recovery and salvation of the offendor onely so far as is consistent with this So in other matters why not so here too Rom. 13.4 Must Conscience be made a sacred Asylum for all manner of villanies to have a refuge to and there defie the justest Lawes that are made against them Thou shalt take him from my Altar that he die saith God Every Malefactor may escape thus But are Poenal Lawes no helps towards the conversion of him that suffers them unadvisedly sure God whips men so often into pure Consciences by several chastisements A power indeed there goes with the Rod but it would be a power alone if the Rod did nothing Nor so fitly sure is chastening children so often commanded unto Parents All other Parents come to their children with a Rod heavenly and earthly and they suppose and finde it to their childrens good profit Shall the publick Father alone either have no Rod or his an unprofitable one Rods do not change the heart but they may awaken the secure quiet sinner unto a consideration of his wayes they may soften the hearts stubbornness Eccl. 7.14 though then 't is another hand must set to the seal when the wax is softened when they doe least they may restrain the impudent profession of sin though they cannot remove the love of sin in the heart Laws against Murder and Adultery cannot take away the inclination of the heart to such sins yet are they not in vain We cannot by law change a sinners heart but we may change his place by Law Our Our Brethren in new-New-England can banish them whom they cannot reclaim We cannot by Law change mens hearts yet we may by Law encourage them who by Christ are imployed for that very purpose and remove from them those that seduce and pervert them and this will go very far towards the changing of their hearts If conscience be a thing that cannot be forced why fear we making Laws about it If Lawes are good they may direct warn draw a bad conscience and it were not much harm if they could force it better is a forced good then a free evil If Lawes are bad what fear we they may discover a bad conscience but they cannot force the good But here is another sore Objection Few men are good and great too Not many mighty Buchanans message to King James when he lay upon his death-bed is too true He was a going to that place whither few Kings would follow him Will not this rather hazard the persecution of the good conscience rather then the punishment of the evil Were it not better that known Malefactors should be spared now that hereafter if ungracious Magistrates be set up in wrath Gods people may be spared under them Doubtless a very subtil device and pity that Hezekiah did not wisely foresee what the conditon of Gods people might be under his Son Manasses and tolerate Idolaters under his Reign that so Manasses might tolerate the true worshippers under his Nay let us enlarge the politick counsel too If Parents and Masters that are godly should suffer sin in their children and servants in hopes that the many Parents and Masters that are wicked will doe the like to their children and servants that are godly would it not be deep designe too especially the good Parents and Masters being so few and the bad so many What care doe men take sincere Christians may never feel the Crosse Yet that was one of Christs Legacies to his it was the Apostles glory is that to which all they that will live godly are appointed and the first Christians counted them happy that endured but with us how effeminate and worldly and ambitious a thing is the profession of Religion grown to be Grace shal spare sin that sin hereafter may spare grace Have we this league within us too or are we sure sin will stand to the terms never look that wicked ones will deale so gently with the good conscience as we expect they should Papists never yet gave us any such instances to hope so and if the witnesses be not yet slain by them and far wiser men then I think they are not there is a sea of blood more to be added to what is under the Whores skirts already Pray how long is it since the Lion turned Lamb Blood is an essential ingredient in the Religion of a Papist and let those who have received the most deadly principles that Popery hath in the Doctrinal part of it already adde but the open profession of Popery yea let them but hold the same things
no Martyrs Look your Book and see but all within the communion of Rome were so What Record have you for this who sayes so besides your self none doubtless but they who are wont to ask us where our Church was before Luther Our common answer to that Popish taunt is point-blank contradictory to this Assertion of yours it was where it is now for all was not Popish then Anatomy of the Masse not in their form of worship for did you never hear of the famous Peter Moulins Confutation of Popery out of their own Mass-book much less were all Papists in that communion Is it not known that Luther rising up to preach against the Pope did it plaudente orbe universo the whole world applauding him Did not the Christian world groan under the burden of Popish tyranny and cry out for a free General Council or any effectual meanes of Reformation do not al our Writers against Rome prove by sensible demonstrations that Poperie that now is was but a Faction in the Church bringing in their innovations now one then another till they were advanced into that body they are now in by the Council of Trent yea it was possible that errours creeping in by degrees and not imposed upon any of necessitie should at once carry away all like a floud before them no man opening his mouth nor so much as believing to the contrary where was the voice of the true Shepherd then could Arminianism rush in so upon us in the Bishops times or can it now as it is brought in again at the back door by Sectaries yea do not all know what moderation there was in many of the Trent-Fathers and how many of them were sent away in disgrace all overborn by the violence of the Romish partie If al was Popish what need the Pope fear so much a General Council as he did what need that packing shuffling as was in Trent why so many Italian Bishops many of them titular ones thrust in so much exceeding those from other Nations that they might over-ballance all good motions by their numbers what need things be so strangely carried there that their own friends cried shame of it and the French Nation for a long time rejected it as an unlawful Council and yet this a Conventicle pack'd for the nonce to carry on the Popish cause otherwise great fear lest their cake should have proved dough too Nay when many I know not but all of our Divines doubt not but God hath his company in the midst of Poperie at this day now that so considerable Bodies of Nations are departed from them and they as evil men seducers are wont to do wax worse and worse and they think Rev. 18.4 leads them plainly to be of that minde yet this man makes no bones of concluding concerning the former much better times of Romish communion that all was Popish then Not likely such considerable bodies should have fallen off from them at the time of Reformation and no doubt of them that shook their heads at the Romish abominations yet durst not depart from that Communion Erasmus was not the man only neither I have found perverse men ready to say any thing rather then let go an errour they have once espoused Let it not be so with you Neighbour I am assured you wrote this inconsiderately rashly and headily as you have many things in this Book besides It is certainly untrue and most dishonourable to our common Faith no Papist but will be glad of such a concession and no Protestant I think knowing or ignorant ever yielded it but you Let it go for shame and let no more such frantick Assertions fall from you That the Acts and Monuments fetch all their ground for Tithes out of the Mosaical Law does not appear to me I finde little disputed for tithes and two Martyrs Walt. Brate in Rich. 2. time and William Thorp in Henry 4. time disputing against it the former against the necessitie of them the later against the lawfulness in both little is said in their behalf only one word from the Arch-Bishop to Thorp is of any weight Thou wouldst hereby make the Old Law more free and perfect then the New Law and this is a New-Testament Argument I finde also King Ethelstanes gift there Recorded and for it alledged Jacobs vow a place in Matth. and a sentence much used by the Fathers If thou withhold from God the tenth he will withhold from thee the other nine or to that purpose But the Mosaical Law I finde not urged by any much less that only Other things are said that not at all yet I may be deceived something may escape my hastie search you may perhaps finde that ground elsewhere yet that ground is not all if anywhere at all herein your relation must be blamed So when it is said a King at his death-bed gave to the Priests that then were I cannot certainly say no yet I doubt this is not so they were wont to give to God and the Church and that it was out of a Popish perswasion that they were due by the Law of God I want your proof for the fact you did ill you set it not down For the Charter of England it onely confirms the Rights and Liberties that were then known and had of which Tithes at that time were an undoubted part but expresses not them nor any ground of them much less was the Mosaical Law the ground and all the ground What meant you to affirm an untruth where it is so easie to find you out The Tithing-table of England is a Book I never saw and you have not seen this seven years that in it the Mosaical Law should be the only ground is incredible and if it should prove true either you have a very good memorie or write at random true or false at a venture But be this so they pleaded the Mosaical and that onely yet all the Mosaical Law is not Ceremonial Tithes may be morally due out of the Mosaical Law and if so for what you have demonstrated to the contrary this may have pleaded right But that we have done with suppose the ground of the Plea whatever it was to be naught yet it follows not that the obeyers of that Councel acted upon those grounds I have not found any certain evidence of such a thing and the Lawes about Woodland c. the prevailing customes in so many places about the manner of Tithing cutting the Minister short of a precise Tenth are evidences that the Divine Right of Tithes was not so much regarded by the Donors and Confirmers of them Yet again admit Priests so pleaded for them and people so gave them will the Donation therefore fall to the ground frame it then into a general rule All those deeds of gift which are granted upon a mistaken perswasion are ipso facto void and of no force Do you not see this a manifest untruth power to give and power to receive will