an higher proportion as heretofore though they take their Tithes to boot without easing them one farthing in their Contributions as in case of the Kings Princes Bishops Deans and Chapters lands Surely these Officers and Souldiers who pretend so much liberty and ease to the people in words and still so oppress them in deeds as not to ease them one penny in their former unsupportable Taxes Excises which their Ancestors never knew nor paid under which they have for some years groaned though all Ireland be now reduced England in peace within it self and Scotland under Contribution and take upon them to impose such illegal Taxes now without any Parliament by their own Super-Regal Authority transcending all Presidents of our Kings and their Councils out of Parliament can never be presumed to tender their Ease and Gain so much as to permit them or their Land-lords to put up into their own private Purses so great and constant an Annual Revenue as their Tithes amount to unto which they have neither legal Right nor Title but will appropriate it to themselves as they have done Church-Land and Crown-Land too for their future pay or past Arrears and some of them have confessed so much And which then think you will prove the better Tithe Lords Ministers or Souldiers For the third Branch That the abolishing of Tithes will be a loss and detriment to all others excepting Land-Lords and Landed men I shall thus demonstrate 1. It will be so to all our Ministers and their families Tithes being their principal livelihood 2ly To all such Colleges Hospitals Corporations Schools all or part of whose Revenues depend on appropriated Tithes and Rectories and to all their Farmers and Families 3ly To all impropriators and their Lessees which are very many there being by Mr. Cambdens and others Computation 9284. Parishes in England whereof 3845. of the best value for the most part are impropriated or appropriated And the abrogation of Tithes without giving competent recompence to all Impropriators as well body Politicks as natural and their Lessees which how it can be done now Bishops Deans and Chapters Lands devoted and voted once for their satisfaction are sold to pay the Souldiers I cannot yet discern will ruine many Colleges Hospitals Schools with other Corporations and thousands of families depending on them 4ly All Tenants and Farmers will be losers by it in their estates as well as souls For then the Land-lords will raise the full improved value of their abolished Tithes in their Fines and Rents and if they have a godly able Minister to instruct them for their Salvation and spiritual Weal they must hire and pay him out of their own private purses only while their Land-lords or others purse up their Tithes whereon now their Ministers live without further charge unto them and which is more chargable they must pay their Ministers share of Taxes and other publick Payments to boot out of their own purses and estates which now are defrayed wholly by Ministers themselves And so instead of hoped Ease by Abolishing Tithes they shall but draw a causless perpetual Charge on themselves and their Posterities as our New Projectors have done by the sale of all the Crown Lands and Revenues to themselves and their Friends and Souldiers at easie rates to enrich themselves which should have defrayed all publick Ordinary Charges as they ever have done which now must be raised out of the peoples private purses only whiles these New Statesmen and Souldiers purse up and enjoy the publick Revenues which should defray them and Tax the impoverished Nation at what extraordinary uncessant Rates they please and then dispose of them as their pleasures when levyed to themselves and their Creatures the only way to make our Taxes both Easeless and Endless to the peoples utter ruin and their own extraordinary enriching by their spoils 5ly The poor people in every Parish will lose the charitable relief they receive from their Ministers who in many places were and still are a grest relief to the poor and impotent by their liberal Charity and Hospitality now much decayed by heavy and endless Taxes and unconscionable Substractions of their Tithes by Sectaries Souldiers and lawless Covetous Earth-wormes 6ly I must truly inform and tell all such Farmers Tenants and other deluded Countreymen who think to gain much ease and profit by the abolishing of Tithes for the future they shall soon repent of and be doubly burthened hereafter to the uttermost improved value of them in the augmentation of their Taxes to the Souldiers who will be harder new Iron Land-lords Tithe-lords to them than their Ministers now are This was St. Augustines observation long ago recorded by Gratian Bochellus with many others and made good by many practical Experiments in former and latter ages His words are these Our Ancestors did therefore abound with plenty of all things Because they gave Tithes to God and rendred Tribute to Caesar Modo autem quia decesserit Devotio Dei accessit Indictio Fisci Nolumus partire cum Deo Decimas modo tollitur totum Hoc tollit fiscus quod non accepit Christus That is But now because our devotion to God in paying Tithes is departed the Sequestration of the Exchequer is come both on Tithes and Lands We would not pay our Tithes unto God now the whole is taken away in Taxes and Sequestrations The Exchequer sweeps away that which Christ doth not receive And how many have found this true in our dayes by Sequestrators and Swordmen who have sequestrâ—d all the Profits of their Lands as well as their Tithes and the Ministers Tithes and Glebes to boot He addes This is a most just Custome that if thou wilt not give God his Tenth thou shalt be reduced to a Tenth of thy Estate Et dabis impio militi quod non vis dare Deo et sacerdoti and thou shalt be forced to give that to a wicked Souldier which thou wilt not give to God and thy Pious Minister This the whole Synod of Lingon in France Anno 1404. declared for and observed as a truth in those daies And Angelus de Clavasio in his Summa Angelica Tit. Decima sect 20. in his time Petrus Blesensis Arch Deacon of Bath who flourished about the year of our Lord 1160. writes thus to the Cistertian Monks who had then procured from the Pope a Bull of Exemption from paying Tithes out of the Lands and Possessions of their Order Epist 82. ad Cistercienses You know that Covetousness is the root of all Evil yet it is said and we relate it with tears that this Mother of Transgression this Mistris of Ambition this Captain or Ringleader of Iniquity this Wagoner of Mischief this Cuâ—â—broat of Vertues this Original of Sedition this Sink of Scandals hath dared to break in even to your Congregation the Voâ—es and Tongues of all men would be loosened into the commendation of your Sanctity if you did not forcibly snatch away that which is
without due reverence and finally Christians without Christ as Bernard writes they then had by this Monkish Sacrilegious Doctrine and practice The fourth Objection much insisted on as I hear against our coercive Laws and Ordinances for Ministers Tithes is this common Mistake That the payment of Tithes to Ministers as a Parochial Right and Due was first setled by the Popish Council of Lateran under Pope Innocent the 3d. An. 1215. before which every man might freely give his Tithes to what Persons or Churches he pleased Therefore it is most unjust unreasonable to deprive men of this liberty and enforce them to pay Tithes to their Ministers now by such Laws and Ordinances I answer That this is a most gross Mistake of some ignorant Lawyers and John c Canne For in the Canons of this Council there is not one syllable tending to this purpose as I noted above 20. years since out of Binius and Surius in the Margin of Sir Edward Cooks 2. Reports fol. 446. where it is asserted which error he expresly retracts in his 2d Institutes on Magna Charta f. 641. The words of the Council Can. 56. Plerique sicut excipimus Regulares Clerici Seculares interdum dum Domos locant vel Feuda concedunt in Presudicium Parochialium Ecclestarum pactum adjiciunt ut Conductores Feudatorii Decimas eis solvant apud eosdem elegant Supremam Cum autem id ex avaritiâ— radice procedat pactum hujusmodi penitus reprobamus Statuentes ut quicquid fuerit ratione hujusmodi pacti praeceptum Ecclestae Parochiali reddatur By which Constitution it is apparent First that Parish Priests and Churches had a just Parochial Right to the Parishioners Tithes within their Precincts before this Council else they would not have awarded restitution to them of the Tithes received and that they had so ordered and decreed it by sundry Councils and Civil laws some hundreds of years before is apparent by the 2. Council of Cavailon under Charles the Great An. 813. Can. 19. Synodus Ticimensis under Lewis the 2d An. 855. The Council of Mentz under the Emperour Arnulph An. 894. Can. 3. The Council of Fliburg An. 895. Can. 14. The Decree of Pope Leo the 4th attributed to Gelasius by some about the year 850. The Council of Wormes and Mentz about that time or before cited by Gratian Caus 16. qu. 1. The Council of Claremont under Pope Vrban An. 1095. these abroad and at home in England The Ecclesiastical Laws of King Edgar An. 967. c. 1 2. The Council of Eauham under King Edgar An. 1010. and his Laws near that time c. 14. and the Council of London under Archbishop Hubert An. 1200. 15 years before this of Lateran All which enjoyn the people to pay their Tithes to their own Mother-Churches where they heard divine Service and received the Sacraments and not to other Churches or Chapels at their pleasures unless by consent of the Mother-Churches Hence Peirus Blesensis Archdeacon of Bath about the year 1170. 45. years before the Council of Lateran in his 62. Epistle writes thus to the Praemonstraticatian Monks who procured an Exemption from paying Tithes out of their Lands That their Lands were obnoxious to Tithes before they became theirs and were paid hitherto not with respect of Persons sed ratione Territorii but by reason of the Territory and Parish Precincts And Pope Innocent the 3d. his Decree dated from Lateran An. 1200. mistaken for the Council of Lateran cited in Cooks 2 Instit p. 641. was but in confirmation of these precedent Authorities 2ly The abuses complained against and reformed by this Council was not the lay Parishioners giving away of their Tithes from their own Ministers and Parish-Churches at their pleasures not a word of this but a New minted practice of most covetous Monks Religious Houses and some secular Clerks to rob the Parish-Churches and Ministers of all the Tithes of the lands held of them by compelling their Tenants and Lessees by special covenants in their Leases and Bonds to pay their Tithes arising out of their Lands only to themselves and their Monasteries not to their Parish Churches as formerly which the Pope and this great General Council resolve to proceed merely from the root of Covetousness let Canne and his Comrades observe it who pretend Conscience to be the ground whereupon they condemn reform this practice null the Covenants Bonds Deformations and decreed Restitution of all profits by these Frauds to the Parish-Churches And was not this a just righteous and conscionable Decree rather than an Antichristian and Papal as Canne Magisterially censures it 3ly Admit the Parochial Right of Tithes first setled in and by this Council which is false yet being a right established at 438. years since confirmed by constant use Custom Practice even since allowed by the Common law of England ratified by the Great Charter of England ch 1. with sundry other Sâ—atutes Acts of Parliament Canons of our Councils and Convocations and approved by all our Parliaments ever since as most just expedient necessary Yea setled on our Parish Churches by original Grants of our Ancestors for them their Heirs and Assigns for ever with general warranties against all men with special Execrations and Anathemaes denounced against all such who should detain or substract them from God and the Church to whom they consecrated them for every and that as sacred Tribute reserved commanded by God himself in the Old and New Testament as a badge of his Vniserval Dominion over them and their Possessions held of him as Supream Landlord as the Council of London under Archbishop Hubert in the 2d year of King John with another Council under Archbishop Replain 3 E. 3. The Council under Archbishop Stratford with others resolve There neither is nor can be the least pretext of Iustice Reason Prudence Law or Conscience for any Grandees in present Power by force or fraud to Null Repeal Alâ—er this Ancient Right and unquestionable Title of our Ministers to them now and set every man loose to pay no Tithes at all or to dispose of them how and to whom they will at their pleasure to destroy our Churches Ministers Parishes and breed nothing but Quarrels and Confusions in every place and Parish at this present when all had now need to study to be quiet and to do their own Business and not to disturb all our Ministers and others Rights without any lawfull call from God or the Nation Which unparalleld incroachment on our Ministers and Parish-Churches Rights if once admitted countenanced all the people in the Nation by better right and reason may pull down all the Fences and Inclosures of Fields Forests or Commons made since this Council deny substract all Customs Impositions Duties Rents Payments publick or private imposed on or reserved from them since that time by publick Laws or special Contracts and pay all their Rents Customs and Tenure-Serviceâ— to whom and when they please which our
for the most part allowed and defalked in the Purchase Rent or Fine which if Tithe-free would have been and when made Tithe-free will be raised to the full value of the Tithes even one years purchase more in ten sales and 28. Rent more in every pound each year upon Leaseâ— as all understanding men knowing what belongs to Purchases Sales of Lands or Leases must acknowledge And that Farmer Purchaser or Improver of Lands who deems not his faithfull Ministers Prayers Preaching Pains and Gods blessing on his Seed Crop Estate Soul Family promised and entayled to the true payment of Tithes and are only procured by his Ministers prayers without which his seed crop and all his estate would be blasted with a Curse amount not to a tenth part of what he now enjoys by Gods promise and blessing by paying Tithes and his Ministers prayers deserves not the name of a rational man much lesse of a Christian and can expect nothing but Gods curse upon all he sowes plants enjoyes instead of a blessed Crop or Harvest All which considered I appeal to any Christian or rational mans Conscience whether Tithes be any such heavy oppressing intollerable discouraging Yoak Bondage Burden Oppression as some now declaim them which Gods chiefest Saints before the Law voluntarily rendred without murmuring and chearfully vowed paid unto God without a Law and his antient people rendred without murmuring though double to our Tithes now by an express Law during all the Levitical Priesthood and all our own Ancestors as well Protestants as Papists have for so many hundred of years chearfully rendred without dispute and all now living came charged with into the world and were thus allowed the value of them in their Purchases Fines and Leases And whether all Tithe-payers have not far more cause to Petition against all Old and New Rent-Services Rent Charges Annuities Quit-Rents Statutes Debts wherewith they were charged by their Ancestors Grants or Contracts and of all the antient Customs for Merchandize for defence of the Seas of Realm as intollerable oppressing Burdens Yoaks Grievances as the Levellers and Anabaptists in some lâ—â—e printed papers stile all Customs Tonnage Poundage Impositions whatsoever as well as Tithes our Excises or monthly Taxes of new illegal formation as well as Imposition than thus to murmur complain Petition against their predial Tithes our Ministers chiefest Livelihood except in Cities which have no Tillage Woods or Meadows And so much briefly for proof That Tithes are no real Grievance Burden Oppression to Gods people especially since orignally granted and commanded by God himself whose Commandements are not grievous 1 John 5. 3. and whos 's heaviest Yoak is easie and Burden light Matth. 11. 30. And those New-Saints who shall think otherwise of this Divine Commandement Yoak and Burden of Tithes under the Gospel give the Gospel it self and Christ the lye herein For the 2d Branch That the abolishing of Tithes will be no real Ease Gain or Advantage to Farmors Lessees and the poorer sort of People lyable to pay Tithes other poor being not concerned in the Controversy whose poverty it self ex-exempts them from this surmised Grievance but a Gain and Benefit only to rich Landlords and Landed-men is apparent by the premises For no sooner shall Tithes be abrogated but every Landlord will raise the full annual value of them in his annual Rents or Fines and exact more for them from his poor Tenants Farmers Lessees than they might have compounded for with their Ministers and where then is their expected Gain or Ease wherewith they are deluded by Impostors As for the rich Landlords they complain not of Tithes as a Burden and need no exemption from them and as all predial Tithes now really issue out of their Inheritances charged with them in perpetuity who therefore abate allow the full value of them to their Farmers and Tenants in their Fees and Rents by way of Defalcation they being in truth the greatest and most considerable Tithe-payers not the poor Farmers or under Tenants So their Inheritances only will be much improved augmented by Tithes abolishing at least one part in ten whiles the poor Ministers and Families shall be starved and the Tenants then more racked by the Landlords than by the Ministers now And this is the Godly goodly Ease this Saint-like Project will effect if put into execution by which none will be real Gainers in their Temporal Estate but those who have Inheritances and all losers in their Spiritual Estate by the losse or great discouragements of their Ministers Hebr. 13. 17. This will appear by the practice of some greedy Land-lords of old thus recited condemned in this Decree of the Council of Lateran under Pope Innocent the 3 d Anno 1215. In aliquibus Regionibus c. I will English it that our Country Farmers may the better understand it In some Countries there are a stupid or mungrel sort of people who living according to their Custom although they have the name of Christians I doubt Canne will say they were Anabaptists and his godly Predecessors some Lords of Farms or Lands let them out to these men to manure ut Decimis defraudentes Ecclesias majores inde redditus assequantur That by defrauding the Church of Tithes they may gain the greater Rents from their Tenants equivalent no doubt to their Tithes where then is the tenants gain by any hoped exemptions from Tithes Being willing therefore to provide remedy for these prejudices for the Indemnity of Churches we ordain that the Landlords themselves shall commit their Farms to be leased to and tilled by such Persons and in such sort That without contradiction they may pay Tithes to Churches with Integrity or their intire Tithes without any Deduction and if there shall be need let them be thereto compelled by Ecclesiastical censure for these Tithes are necessarily to be paid which are due by Divine law or approved by the Custom of the place though not within the Letter of the Divine law is the Councils meaning not any Modus decimandi of ought within Gods law against which no Custom can or must prescribe Let all Country-men learn from hence what they will get by abolishing Tithes if voted quite down Nay let them consider well whether the real designs now on foot prosecuted by some Army Officers and Souldiers be not to vote down Tithes just as they did the Crown lands formerly reputed sacred and incapable of any sale because the common standing Inheritance of the whole Realm to defray all ordinary publick expences in times of peace and war to ease them of all Subsidies and Taxes whatsoever except one in three or four years upon extraordinary occasions granted in full Parliament for their safety even to vote them only from the Ministers and get them into their own hands to help pay themselves and the Army under pretext to ease the People in their Taxes and yet continue their Taxes still upon them in the same extream or