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A17271 A new discouery of personal tithes: or The tenth part of mens cleere gaines Proued due both in conscience, and by the lawes of this kingdome. By C. Burges. Burges, Cornelius, 1589?-1665. 1625 (1625) STC 4112; ESTC S113879 20,686 94

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but for the Lawlesse and disobedient 1 Tim. 1.6 he meant as I thinke you will grant that the curse and punishment of the Law was not intended to the righteous because hee would obserue it so carefully that there should be no need of Compulsories to be seru'd vpon Him But doth the Apostle thereby exclude him from the commaundement and Rule of the Law Who but an Epicure or Mad-man would make such a Glosse When God gaue authoritie to the Husband to cōmand his Wife in lawfull things but not to beat her shall the Wife shake off the yoke of obedience which is imposed by the Husband and say God neuer meant that Law by which my Husband seekes to command me should binde mee because he hath denyed him power to compell me by stripes What though the Statute deny vs the oath of the Party yet it commands payment at Ea●ter in expresse termes and giues power to sue him and to examine him by all other lawfull and reasonable meanes so as he shall bee compelled to speake trueth or falshood The Ordinary may compell him to say what he hath gained though he cannot compell him to sweare This indeed makes some difference when a man is to deale with a false Knaue but none at all when he is to deale with honest conscientious men And if the Statute had giuen vs the Oath of the Party vnlesse we could get another Statute enacted not onely to enioyne but to make all men to be Honest our case would be but little yea very little b●tter then it is I need say no more to Reasonable men yet one thing more which makes 〈◊〉 yet ●●●e ●●ow that the Statute doth binde all men to ●●●y Personall ●●thus thou 〈…〉 Oath of the Party The Statute doth not onely giue power to the Ordinary to examine a Tradesman as aforesaid but also to order him according to what the party shall confesse or can be otherwise proued as in Predial Tythes or else to excommunicate him for his contumacy afterwards to require a Writ out of Chancery De Excommunicato capiendo if the Party shall continue his contempt for the space of forty Daies But what if it should be granted that Tradesmen are not precisely and formally bound by that Statute as Husbandmen are What would they gaine to iustifie themselues in point of Equitie and Conscience Let them suppose themselues free from the Law in the strictnesse and rigour thereof yet they must confesse the Husbandman to be absolutely bound to a Tenth Nor will any but Brownists and Rebels deny the Power of the Parliament to appoint that Quantitie Now the Law binding the Husbandman doth as firmely in equitie binde Tradesmen to the same proportion if they will not hold themselues Lawlesse but acknowledge themselues bound to that Law which bindeth the rest of their Brethren There be two things that binde to a dutie Iustice and Equitie the ground of Iustice In Iustice as it is strictly taken he onely is bound on whom the Law established doth absolutely directly and expresly take hold and commandeth him formally But in Equitie which is the ground of Law euery man liuing in the same State is truly bound also to whom the same Equitie on which the Law enacted was built equally extendeth To shut vp all From all that hath beene said I may iustly draw foure Conclusions more 1. Whosoeuer gaineth by Trade bargaining or other lawfull meanes being not exempted as aforesaid must pay the Tenth of his cleere gaines or he sinneth against the lawes of this Land 2. Whosoeuer in this case w●l●●ll● v●olateth the lawes of this Realme is a double sinner against the law of God for he breaketh that Commandement Th●n shalt not Steale and committeth Sacriledge by with-holding that which lawfull Authoritie hath lawfully consecrated to God 3. Although a man imploy part of his stocke in Husbandry yet is hee bound to pay the Tith of his Gaines by Trading if hee vse any as well as if he paid no Pradial Tithes at all 4. They who being informed of this Dutie and con●inced in their iudgement thereof are bound to Restitution vnlesse their Pastors remit it of all they haue hitherto wrongfully deteined so neere and as full as they are able Otherwise they wickedly robbe the Minister and liue in a damnable sinne without repentance nor can they in such a condition expect any thing from God but wrath and a curse vpon them and theirs let their Profession and forwardnesse in other duties of Religion be what it will I expect many to cry out vpon this as strange and hard Doctrine and to say If wee should pay all Arrerages wee should part it may bee with halfe our estates But then I must Answere to the first part if it bee true as you see it is the strangenesse of it must not make any man bold to kicke against the Pricks And to the latter I say 1. It is vnlikely and vnprobable that the Tenth part of a mans cleere gaines should bee halfe his estate both of Stocke and Gaines 2. Admit it were so yet if what thou deteinest be none of thine it will make a greater hole in thy conscience then it can in thine estate by parting with it The Vsurer and the Theefe haue as good a Plea as this against Restitution 3. Zacheus did as much and our Sauiour approued it as one signe that proued him A sonne of Abraham Grace will make men iust though it should make them as poore as Lazarus Restitution with an ouer-plus if they be able shall be vnto them as any other dutie enioyned by God 4. If God haue blowne vpon thy dishonest gaine and made thee vnable to Restitution then behold his hand humble thy selfe euen vnto Hell for this sinne and desire of God one way or other to repaire the wrongs that cannot bee repaired by thy selfe And in this case hee were an hard and most vnconscionable Minister that should require 〈◊〉 Let not Restitution then be held an uniust and cruel imposition And for payment of Tithes for time to come sticke not at it seeing thou now seest it to bee thy dutie doe it cheerefully least God account it as not done at all Consider besides all the former discourse this one thing Hee that willingly and iustly payes the Ministers Portion hath a more speciall promise of God to thriue in his Calling then any man hath for performance of any one other particular dutie whatsoeuer The Promise I meane is in Malachy 3.10 11 12. and it is this Bring yee all the Tithes into the Store-house that there may bee meat in mine house and proue mee now herewith saith the Lord of H●sts if I will not open you the windowes of heauen and powre you out a blessing that there shall not bee roome enough to receiue it And I will rebuke the deuourer for your sake and he shall not destroy the fruit of your ground neither shall your v●ne cast her fruit before the time in the field saith the Lord of Hosts And all nations shall call you blessed for yee shall be a delight some land c. Now hee that doth not obey this iniunction at least so farre as now by Law he is tyed doth thereby proclaime that hee doth not beleeue this promise Hee saith in his heart that in this point God is a Lyer and it is in vaine to serue him One Scruple yet is behind Some may s●y It may bee my Minister is vnable vnfaithfull or scandalous must hee haue Tenths too Though such a person deserue them not yet being actually possessed of the Church and presumed in Law to bee such as hee ought hee may claime them as due in the right of the Church vntill Authority shall take notice of his demerit and discharge the Church of such a burthen So then He that sought to wind himselfe out of the brakes of Tithes due by Diuine Right supposing it better to stand to the Magistrates Discretion may see what a fine Snare hee hath made for himselfe Hee must not heare of Tithes due by the Old Title The Magistrate must giue him his Rule Well A Law is now established This Law binds euery man to giue the Tenth of his cleare Gaines to his Minister It makes no exemption of Bad Ministers Therefore The Tradesman is bound in Conscience and by Law to pay Tithes to his Minister be he Good or bad or his owne Rule will cast him for a Sinner If I owe mony to a Drunkard I may not iustifie the deteining of it when it was due because I know he will abuse it to more drunkennesse ryot and other sinnes against God I may labour his Reformation by the Magistrate but may not deny him his dues His disorder cannot warrant me to be vniust The Law for Tithes makes them as due to the Minister as Law can make them and supposing that euery Patron and Bishop will be carefull to place none in any liuings but such as are worthy it exempts none from the exhibition of the Place to which they are inducted Therefore the Tradesman or any other cannot without Theft and Sacriledg deny any Minister his dues so long as he stands possessed of the Church and in the relation of a Pastor vnto him If any man haue iust exception against his Minister they know the Law is open and there be Iudges let them implead one another Whosoeuer shall keepe the whole Law and yet offend in one point is guiltie of all Iam. 2.10 Thou that abhorrest Idols doest thou commit Sacriledge Rom. 2.22 FINIS