It was one Proposall of the Officers of the Army in August 1652 That the Lawes which are unjust unreasonable should be reformed This is an unjust and unreasonable defect in the recited Statute for prediall tythes paid in kinde that one party should see he hath his owne the other having no power by law to compel the Tythe-payer to let him see he hath his own his tythes Is it not unjust and unreasonable that one party should divide and choose too in the absence of the other party as I have said by law none but the Tythe-payer hath to doe to set out the tythes and may doe it in the Tythe-receivers absence If there were money due to the Tythe-payer or goods to be divided between him and another would the Tythe-payer thinke he were justly dealt with if he were hindered from seeing the money told or the goods divided would he thinke that payment good and put up the money not knowing it were the summe that was due to him Tythes are as due as money upon a Bond The Customers suffer not Merchants to lade or unlade their goods without their knowledge They will know what custome is due for them Wayters are put a board to attend the Custom the Ship-men have no power to shift off those wayters and lookers after Custome and in their absence to convey away their goods and pay what Custome they list The Customers will not leave it to the conscience of those that should pay Custome or leave it to them to accompt and pay what custome they say is due or are ready to prove by witnesses chosen by themselves The Customers have Wayters and Witnesses of their owne to see that no goods be privately conveyed away before the value and dues for Custome are known But this intolerable charge of Tythe-waiters or Lookers after tythes is in vaine or may be in vaine at the pleasure of the Tythe-payers who have by law power in their hands to keepe the Tythe-receiver from seeing what the things tythe-able are and what tythes are due as hath been demonstrated in Chap. 1. At this day in Ireland the Tenant payes two rents for his corne the one is the Land-lords-rent the other Tythe-rent The tenth sheafe is paid for Tythe-rent the third sheafe for Land-lords-rent The Tenant that payes these two Rents puts his corne first into a Reeke or heape in the corne field where it grew and when he carrieth away the reeke or heap to his Hag-yard or Stack-yard He first sends for the Tythe-receiver and Land-lord or their assigne He dares not carry a sheafe out of the field to his house but first they see they have their due They are not sâ—ffered to set cut these Rents themselves or before witnesse of their own providing as in England 2 Proposall It is humbly conceived that Doctor Gauden is a fit man to be consulted with in this case for that he hath published lately a book intituled The Case of the Ministers maintenance by tythes in which he affirmeth That he knows how to make that Maintenance as quiet and casie a Revenue as any in England 3 Proposall That where rates of tythes are paid for land by the acre or for houses The Rate-receiver may sue at Common law and may have power to measure the acres and inforce the Land-lords or Tenants Lease in evidence for who can swear the number of acres but by admeasuring the land 4 Proposall That a Law may be made for treble costs as there is for treble damages for prediall tythes substracted 5 Proposall That Ministers heretofore put into sequestred Livings may be taken into speciall consideration and relieved by law as Incumbents according to the late Ordinance of his Highnes the L. Protector for Ministers that shall hereafter be put into Sequestred Livings according to the Ordinance for the popagation of the Gospel in Wales wherby such Ministers are setled for life as Incumbents c. 6 Proposall That it may not be left arbitrary to Justices of Peace to act or not to act for the reliefe of Ministers in point of their maintenance 7 Proposall It is humbly desired that some Order may be taken how scandalous Parish-Blerks may be proceeded against and removed and others put in their places and receive the ancient dues for some Parishes for their owne ends keepe in bad ones and some Parishes will not chuse or have any such assistant to the Minister and people whereby the publique worship is prejudiced The Parishoners in the meane time keeping to themselves the Ancient established revenue of that assistant And questionlesse to save charges would have no Minister also if it were in their power To conclude I doubt not but the Lord of the Harvest that sends Labourers into his Vine-yard will direct The Higher Powers so to relieve his oppressed Ministers by law justice that they shall no longer cry out of violence and spoile fraud and wrong acted against them for want of Law and Justice But that their maintenance shall no longer no longer be subject to such sharkings and frauds Then will Godly Ministers be incouraged in the worke of the Lord 1 Chron. 31.4 Then will their Labours be sweetned Then will Demetrius Tythe-short and their fellow Crafts-men be confounded when they shall see the hope of their unjust gain is gone Then will the Devils Barns be more empty when the Tythe-robbers shall cease their villanies having no liberty nor opportunity to defraud and steale Then will the peoples causelesse Gospel-hindering contentions with Ministers about their detaining Ministers dues cease when by reason of Law and Justice they shall despaire of impunity and gaine but be certaine of losse by their iniquity which iniquity ceasing contentions about it will cease Then will not Godly Ministers be any longer a Cheating-stocke and thereby a dirision through poverty sordid necessity and contempt thereby Then will they live comfortably and not only be given to Hospitality but be really hospital and be an example to their flocks in works of charity Then may they educate their children liberally and follow their studies and callings quietly and constantly without distraction about maintenance Then there is no doubt but that faithfull Ministers being out of danger of revenge from ungodly people for their faithfulnesse in their Ministery will exercise their Ministery according to duty boldly and impartially without fear or flatery or daubing for filthy lucre and will be free from the bloud of all men And then shall the Present Authority be truly stiled The Minister-protecting and Gospel-propogating Authority to all generations FINIS
meanes of salvation under as able nay under a more able setled ministery without any charge at all Cavill 3 Mr. Charls to prove tythes oppression saith that the Land-lord hath as much rent as the land is worth without tythes therefore tythes are an oppression Answer 1. If any such Land-lord the oppression is from the Land-lord from the Land-lords rent not from the minister or Impropriator or their Rent-charge of tythes of which both the Land-lord and Farmer the Buyer and Seller knew before-hand before they bargained Answer 2. This plainly appeareth to be a quarrel pickt not only against tythes or tythe-rent but against Landlords Land-lords rent I hope I need not cry out to Land-lords to look about them and to look after these levelling Paradoxes which are vented by such fiery spaâ—ks as Charls against them to set all in combustion as heretofore in Germany where at first a quarrell arose about tythes It was affirmed that the paying of tythes could not stand with their Christian Liberty which stayed not there but the next that was opposed was Land-lords rent And Tenants rose up in armes against Land-lords Gentry Ministery So that upon this occasion six hundred thousand were consumed by Warre by fire and sword as that famous Historian Sleyden and others testifie in the Histories of those times One neer me said if it were in his power he would sheath his sword in the bowells of all the Ministers in England And I heard him say he desired the ruine of all the Ministers in England and he knew not how to do it but by starving them out by keeping away their tythes and that was his end in detaining my tythes and not to inrich himselfe he told me he was willing to pay them to any body save the Minister It was lately affirmed that fourty thousand were ready to club down tythes And to this purpose I cannot forget what I heard in a tumult of such men met together in the Chequer-Chamber at Westminsler when a known Atheistical Leveller did attend the Committee of Plundred Ministers sitting in the next room about his refusing to pay his tythe I heard it clamoured there that neither Tythe-rent nor Landlords rent should stand long And there is one Barber who stiles himself a Merchanttailer who a while since pâ—â—nted a Pamphlet intituled The storming and total routing of tythes which as to their warrantableness to be the maintenance of Gospel Ministers will not be stormed routed out of the judgements and consciences of any godly wise by such confused weak childish assaults batteries of non-sense That Pampheleter Prints in the ninth page of that paper these words The Land-lord and the Priest or Parson are only Gentlemen the rest are Slaves who labour for that which the other spend on their backs and bellies This mutinous expression puts me in mind of that proud seditious Tailor called King John of Leiden who under pretence of Religion Saintship Inspiration was a Ring-leader in ruining of thousands of Land-lords Ministers and others that followed not â—is pernicious wayes against Government and true religion He had fifteen wives and came in the end to be hanged for his seditious rebellious and bloudy practices Abad omen for Iheouran John and for Master John Canne who proclaims the publique setled Ministers of England Traitours by a roaring voice from the Temple of Bacchus where such Kannes are in use but here we see the Land-lords and the Ministers are the joynt-marks at which these Fire-locks levell in these dayes wherein they only wanted a King John of Leiden to head Protect them in their mutinou ways under pretence of Saintship and Religion But it is more then probable that Land-lords rent and Tythe-rent like Hypocrates twins will stand or fall both together They being due by equal right grounded upon the word of God and the Laws of the Nation By which Lawes wee have right unto and do enjoy all that we have upon sure grounds of Justice and Equity The Law being the just interpreter of every mans right Only the Lawes for Tythe-rent come farre short in many circumstances as to the certainty of injoying tythe-rent which notwithstanding the present Laws are subject to so many frauds and losses that Land-lords rent of 200 pounds per annum is more certaine and more sure to purse then the Ministers or Impropriators of 400 pounds per annum in tythes And if these Vultures that prey on Tythe-rent had once devoured that revenue which belongs to others they would be so fleshed thereby that in a short time they would grow so greedy that they would prey on Land-lords rent also First the hedge next will be the field First the paring of the apple being gon the apple it self will not last long after There being equal right in the people to either Rents and they that take away the propriety of tythes will doubtlesse take away all propriety even the Freeholders nine parts also Such men are laying a foundation to bring in a Community to take away all propriety whatsoever Answer 3. I cannot but marvel that Charles should lay this reproach upon Land-lords in England that they are such oppressors as to exact and take as much rent of their Tenants or Farmers as their Lands and Farmes are worth without tythes when it is manifest that thousands of Farmers in England above other Nations have so good penny-worths that they live plentifully and get faire estates out of their Farmes though they pay two rents Land-lords rent and Tythe-rent besides other taxes and duties Tenants and Farmers in England are not as those in France and other Nations they are not slaves as the Merchant-tailer calls them in his recited Pamphlet they do not wear Wooden shoes and Canvas breeches Cavill 4 Saints are against tythes therefore tythes are not to be paid Charles his words to this purpose are Non-tythe-payers are Saints honest men people of God true brethren c. Answer I have read in the Catalogue of the Opinions Errours and Heresies of these times that some hold that Saints are freed by Christ from all Lawes Covenants Vowes paying of tythes or debts Such brethren as joyn to wrong others are brethren in evill Saint Paul calls such false brethren Are they not salse that defraud their neighbours that are thieves Are they not false that pretend to pay all their tythes justly and truly say they have left their tythes justly and truly set out yet with Ananias and Saphira keep back part nay half nay more than half yet cunningly leaving some thyes to avoid the plain discoverie of the value Saint Ananias Saint Saphira Saint Lyar Saint Theef Saint Thomas Tythe-short Saint Robert Robminister In the seventh Century of the Historie of the Church we read touching the corruption of those times amongst three adminable things that fel out in that age one was that whoredom was canonized that is notable Harlots were counted Saints Can those that rob their neighbour be honest
especially about which if the Minister would not meddle with there would be no contention in all likelihood between him and the people The one is his maintenance The other is the sins of the people let him meddle with none of these two he shall live without contention Answ 3. Very many godly Ministers have set down quietly amidst their great wrongs in these times only to avoid contention lest thereby they should prejudice the Gospel but I have found by experience woful experience that this forbearance hath hardened men to be more unrighteous as soft fires harden some things by bearing one injurie wicked men are invited to do more injury I know a Minister in Essex that remitted about 20 pounds due to him for some tythes taken from him in harvest 1652 and the same Tythe-robber carried away all his Tythe-corn in harvest 1653 I hear of hundreds of examples in this kinde Answ 4. Any other setled maintenance besides tythes is subject to the like contention as Rates Stipends Augmentations if they be not paid they must be contended for or lost which losing for want of lawful seeking after the present Minister is accomptable not only for his being accessary to his own wrong and defrauding but for the wrong done to his successors and to the Church of God which might be benefited by that lost maintenance if it had been contended for for the support of succeeding Ministers Answ 5. Tythes and Rates are a maintenance subject to contention by reason that people are emboldened to detein them through defect of law and justice but if better lawes were made and speedy and impartiall justice executed against that iniquity so that such unjust men shall not only have cause utterly to despaire of impunity and gaine but be certaine of punishment and loss they will be necessitated to leave of that Trade which will undoe them and is the only occasion of the contention and tythes will be found to be no contentious maintenance Answ 6. The people by their lawlesse contention purposely endeavour an abolition by law of their payment of Ministers maintenance Cavil 22. Tythes will ease the land of taxes There are ten thousand Parishes in England the tythes whereof will come to a vast summe Answer 1 We must not doe evill that good may come thereof oppression is evil undoing Gods Ministers and thereby rooting out the Gospel is evil Answer 2. The propriety of other men the revenue of Officers Land-lords-rent would ease the States in taxes which should rather be born by any other revenue then by the Revenue of Ministers we finde in Scripture that the Priests lands in Egypt were not sold in time of extremity when other lands were sold Cavill 23 I cannot profit by the Minister Therefore I will pay him nothing Answer 1 This may be only a pretence to defraud him a cloak for covetousnesse Answer 2 If the Minister be unfit the Magistrate will remove him if he be fit it is thine own fault rhat thou profitest not by him thy unjust hatred contempt prejudice against him hinders thy edification by his labours Cavill 24 Tythes intangle Ministers in the world and distract them in their Studies callings duties c. Answer 1. Ministers of old looked after their livelyhood Answer 2 Ministers setvants look after their tythes Answer 3. There is distraction in rates it is found by experience that it is bad tything out of peoples purses though the rate be never so low in comparison of the tythe in kinde yet journey after journey to men of ability still excuse upon excuse and in the end after divers yeares forbearance the Minister is forced to goe to law or lose all if more particular lawes for tythes inkinde they would trouble lesse then rate or stipend and tythes being in possession are ready money at all times when the rate or stipend cannot be had From the North the Miaisters write that to live in a stipendiary way doth obstruct them in their studies and distract them abour their Provisions for themselves and families They write from thence what wearisome and frustrate journeyes have Ministers made for their stipends long after they have been due These Northerne parts can declare There being a Commission from the late Parliament for the Propogation of the Gospel there and their best care used to draw Ministers maintenance into a common treasury They after much experience of the manifold inconveniences thereof were forced to devolve it again into its old Channel Cavil 25. Tythes and a setled maintenance keeps up an idle ministry Answer 1. This is objected against Gods proceedings who setled tythes and certain maintenance for his Ministers of old Answer 2 Idle ministers are to be thrust out like droanes he that will not work should not eat only the labourer not the loyterer is worthy of his hire Answer 3 If the labourers wages be arbitrary he is commonly lesse industrious he knowes not what he shall have and if he be consciencious his certaine good reward will make him more industrious This is Saint Pauls argument to move us to abound in the work of the Lord 1 Cor. 15.58 Cavil 26 The Parson is rich enough he can spare what I take Answer 1 This is the usual pretence of poor rogues It is no sin to take from such a man he is rich enough he is able to bear it but Gods command is Thou shalt not steal he doth not say thou shalt not steal from the poor he doth not say from the rich thou mayest steal thou mayest steal tythes Cavill 27 The Minister would be too rich if all his tythes were truly paid him Answer Compare Ministers maintenance now with the maintenance which God setled upon Ministers in Israel They had forty eight cities with their Villages Suburbs and Fields Numb 35. besides tythes offerings c. Shall the Ministery of the letter be so plentifully and certainly provided for and the Ministers of the spirit uncertainly and illiberally especially in a Christian State where are already revenues of lands tythes c. setled without any charge to the present people of the Nation for the maintenance of such Ministers Cavil 28 The Souldiers whom God hath owned in these times are against tythes Answer 1. It is strange that Souldiers should be against paying tythes seeing the first tythes that ever were paid that we read of were paid by a Souldter by Abraham the Father of the faithful at his victorious returne he paid tythes of his spoils and he paid tythes of all and he paid them to the first Minister we read of Gen 14. Heb. 7. which act of Abraham all that professe themselves the children of Abraham by faith are to consider of especially Souldiers Answer 2 Souldiers live not upon benevolence they have a certaine pay certaine wages Luke 3. 1 Cor. 9. Their Army Chaplaines live not upon benevolence but have a certain liberall maintenance a forced maintenance out of taxes Now the word of God shewes that Ministers are
Souldiers they are all Officers and therefore are to have a liberall certaine pay 1 Cor. 9.1 Cor. 10.4 1 Tim. 1.8 2 Tim. 2.3 4. chap. 4.7 Answer 3. The Example or judgement of any men in the world is no rule for us to follow without or against the word of God which word how it holds forth if not the necessity yet the lawfulnesse of tythes as the maintenance of Gospel Ministers we have seen before Answer 4 It is not the judgement of all Souldiers many Souldiers are of another judgement men of that Calling Eminent for Wisdom Valour Place and Authority Answer 5 Suppose all Souldiers were against us for doing that which is our duty we are not to sin out of feare of fire or sword he that will save his life shall loose it Feare not them that can kill the body but feare him that can kill both body and soul Cavil 29. I never promised the Priest to pay him therefore I will pay him as litle as I can This cavil hath satisfied the litle conscience of some I have lost many pounds by this suggestion of the devil Answer 1. Right must be done though we never promise to do it The not promising to do the duty doth not justifie the neglect of it every duty of holinesse righreousnesse and sobriety may be excused upon this account I never promised to pay excise custome I never promised not to rob such a man this is a thin cloak for iniquity and covetousnesse Cavil 30. Lands and houses were worth but litle when tythes wer first setled I am content to pay my Tythe-rent after the value of the land when tythes were first setled but now land is worth treble the value Answer Tythes were at first setled absolutely in Fee-simple not with any limitation for time or value of higher or lower prices Cavil 31. The Priest is covetous looks after money loves money tels mony keeps a Rate-booke mindes his tythes Ministers should minde their book and Sermons and God wil provide for them they should trust God c. Answer 1. This accusation of the covetous Tythe-stealer is only to hide his own covetousnesse and iniquity to cry whore first Answ 2. This is a common and falfe flander raised against the best Ministers if they looke after and demand their owne their due presently they are covetous none covetous in the Parish but the Priest for sooth Answer 3. Ministers are not Angels to live without food and rayment they ought to provide for themselves and their families and may do it without covetousnesse or the just imputation of covetousnesse for so doing as other men that are not Preachers when they looke after their rents debts dues c. are not to be accounted covetous therfore The Apostle speaking of Ministers tels us that in the calling and office of the Ministery in the work of the Ministery of the sower going out to sowe the word that sowing is sowing in hope even of temporall things 1 Cor. 9.10 11. Ans 4. Ministers as all other men must trust in God and pray to God and depend upon Gods providence for their daily bread for comfortable subsistence in this world but they ought to use the means not to tempt God by neglect of using the meanes to get their daily bread and to provide for their families Cavill 32 I would pay the Priest justly if he would let me set out his tythe for him by my selfe alone If he would trust me with setting it out but he fares the worse because he is so mistrustful so jealous that he hath his men at our heels all the harvest Answer 1 This is a meer cavil of the fraudulent Tythe-payer to pick a quarrel about this only to have a colour not to set out or carry away any tythe in the presence of those servants that he may leave what tythe he list in their absence Amswer 2. If the Tythe-receivers servants attend not to see the tythe set out the Tythe-payer will be their own carvers in their absence Answer 3 Common justice and reason requires though the law doth not that he whose propriety the tythes are should by himself or his assignes see and know that he hath his own and not be left to the will pleasure of the Tythe-payer to pay him what he list in his absence Answ 4. They that mean honestly will rather desire then refuse or decline winesses to attend them to avoid suspition and contention Cavil 33 I do not believe tythes are due therefore I will pay none This is a usual objection Answer 1 The not-believing that a duty is to be done is no plea for the neglect of that duty but an aggravation of that sin of ommission Answer 2. If men might be free from payments and duties for saying they do not believe they ought to doe it who would then pay anything Saith one God hath not yet set it upon my spirit to pay excize to pray in my family c. Therefore I desire to be excused Answer 3. This is rather wilfulness then not believing they will not believe that tythes are due they will not be perswaded c. Cavil 34 If the Priest would take the tenth childe in the Parish and keepe it I would thinke it equall to pay the tenth the tythe of other things to him Answer 1 God never appointed his Ministers to whom he appointed tythes that they should upon that condition take and keep the tenth childe Answer 2 Gods provision for his Ministers which the Scripture holds forth is for their Livelihood and maintenance not for their hinderance and charge Answer 3 Ministers beare their proportion in parochiall charges for the relief of poor children c. Cavil 35 We have gifted men enough that will preach for nothing that will maintain themselves and therefore we need not pay tythes Answer 1 We have cause to praise God for his gifts in any and we are to pray that all the Lords people were Prophets Answer 2 Some are only pretended gifted men and gifted men in their owne conceipts and of meer bold fancie undertake to preach publiquely as experieÌ„ce shews they may have good affections but are not able to divide the word aright but speak only good words matters if they be orthodox but litle or nothing to the text in hand run over 100 theams in a Preachment and that in a dull silly manner I could name divers such yet they are cried up by those of their faction for rare men I have compared the practice of such meetings to the milking of a goat by one into a five and diverse standing about the five and holding it up to receive the milke 3 And these pretended gifted men comming from their shops and trades get some pocket-sermons which they either learne out of printed bookes or have taken in writing at the sermons of Godly able Preachers these Sermons they preach up and down here there being Ambulatory Journey-mâ—n Vagrant Preachers
time his Waggon is loaded it is night c. The Tythe-payer saith he must manure his ground and turns in his Cattel which spoil the tythe this is usual enquire at Pluckly in Kent c. 7 The wicked Tythe-payers to cover their own sin and shame use to encourage the poor people Gleaners and others to steal tythe-corn and they see it nod and laugh at c. whereby and by other causes it is now grown to that pass that Tythe-robbing is made a sport off And not only Tythe-payers but other people become Tythe-stealers so that we are forced to watch our tythe day and night after it is set out One neer me was taken in the night by a Farmer who saw him bundle up wheat-sheaves and having them on his back the Farmer came to him and laid hold on him and said it was his corn The thief answered By my troth I thought it was a tythe-shock for it stood alone else I would not have toucht it for 100 pounds And the false doctrine and practice against this setled maintenance hath so far prevailed that people do openly call those that gather the Tythes thieves and Rogues and say that they go thieving about to take mens corn c. Thus we see into what times we are fallen wherein wickedness is so advanced by doctrine and practice that light is called darkness and darkness is called light honest men are called thieves and thieves are justified And as the frauds and wrongs are used where tythes are paid in kinde so it is where there is a rate a world of fraud in that also besides refusal delay to pay it without law The fraud is in the concealment of the number of acres the Landlords rent is for so many acres and so many acres there are But the Tythe-payers have a trick to case themselves in Taxes to the State to the Poor to the Church c. and to cheat the Minister There is one number in the Seff-book an other in truth and in the Land-lords Lease And in bargaines for things tytheable as wood fruit c. the true price is concealed and thereby the Minister defrauded These are the common frauds used and daily practised against Ministers as daily experience wofull experience deere bought experience hath taught thousands of Ministers and Impropriators who have paid very deare for their learning of this Art called Tything-craft which since the Ecclesiastical Court hath ceased hath been much improved by impunity all the Nation over through defect of law to restrain and punish these frauds But it will be objected that these frauds are not invited or caused for want of law For by Law which is the mother of justice the tythe-payer is to prove that he hath justly and truly set out and left his tythe without fraud or guile And therefore all these tricks will not gain him any thing if he be sued and made prove his tythe to be so set out and left and if he fail in that it will be a gain to the Minister who shall recover treble damages To this I answer first that if the Tythe-payer did not intend to defraud why doth he use these or some of these tricks to conceale his unjust manner of tything c. They that meane truly and justly will as much as in them lies provide things honest in the sight of all men He that doth evill hates the light that tithe-payer that of purpose endeavoureth to decline the seeing his tythe set out by the tythe-receiver is justly to be suspected and daily experience proves them fraudulent 2 That proof never fails the Tythe-payer though the tythes were never so unjustly set out and left Ignorant and profane Atheists or malicious Enemies to the Minister are they that are the cheife witnesses against the Minister one that will trangresse for a morsel of bread that will swear any thing to please his master or neighbour And they that are instruments of the Tythe-payers thievery and help load and carry away the stolen tythe they that are actors in the theft and gainers by it shall be witnesses for the Grand-thief Ask my fellow if I be a thief Will not such sonnes servants and neighbours witnesse for the justification of the wicked Tythe-payer the principall occupier of the lands and who can disprove them seeing all was done in the Tythe-receivers absence and some tythes left for him 3 For the treble damages If the tythe be not wholly deteined or carried away there is seldome or never any proof of the true value of the tythes substracted the which Tythe-receiver must prove the value of that which his servants never saw and who can sweare the number of acres without seeing them measured So that for want of proof the treble damages if any be conjectured come farre short of the true single value of the defrauded tythes 4 For further answer suppose the Tythe-payers in a Parish be a hundred or two as more there are in some Parishes suppose it be most apparent that they have not left their tythes truly set out in the tythe-receivers absence but no direct proof of the matter of fact on the Tythe-receivers part Now the minister or other Tythe-receiver must either set down with this losse or have suits of Law against two hundred persons to make them prove their just tything according to Law In Equiry Courts the Tythe-payer will sweare any thing in his answer He that makes no conscience to be a thief will make no bones to sweare falsely If triall at Law the witnesses are commonly as you have heard This is a sad streight a minister is in either to lose his tythes and be undone that way or to be a greater loser in paying costs also he not being able to prove a Negative 5 And for final answer if it could be proved against an hundred Tythe-payers that every one of them had substracted their tythes to the value of 20 s. it were better for the tythe-receiver to lose this 100 l. then to sue at law for it For though the Law gives the wronged Tythe-receiver treble damages yet it hath proved a damage to the Tythe-receiver to right himselfe by the Statute of treble damages For that the costs are alwayes included in the damages so that the costs in journeys Law-fees c. in every one of these hundred suites will come to more in value then the treble damages which are given him That in the end it will appear that it had beene better for him to have lost his hundred pounds in tythes then to have sued for it unlesse a Law be made for treble costs as well as for treble damages CHAP. II. ANd the frauds in tything and oppression thereby are not only occasioned by the defect of the Lawes for tythes but through defect of Justice also I mean execution of Justice according to the Laws that are now in being The Preamble of the Ordinance of Parliament for tythes made in the year 1644 mentions that
about holy things and made Acts Laws to inforce it 2 Chron. 31.4 Nehem. 13.6 So after the Apostles times when Kingdomes and States became Christian ministers were presently provided for in a publique setled way of maintenance as Histories shew which maintenance continues to this day in all Christian Kingdomes and Nations and in this Nation especially by Glebes and tythes and other setled duties And indeed then and only then is the Gospell the glory of any Nation when the Christian Magistrate doth entertaine it and set it up and uphold it by upholding and Maintaining the Ministers and Ministery of it And that glory is gone if the magistrate own it not or protect it not in the ministery of it Such as Charles will not have the Church receive any advantage by the Civil magistrates becomming Christians which is confuted Isa 49.23 Psal 72.10 11. Isa 60 10. Revel 20.24 Such magistrats are said to be Nursing fathers and mothers to the Church Such fathers mothers do not leave the childe to it self but do take care of it and nourish it We read Act. 9.31 when the Churches had rest from persecution they were edified multiplyed and would it not be much more edified and multiplyed if ministers and people had the power and assistance of the Christian magistrate with them and for them in the things of Religion The Magistrate doing actively and positively for the good of the Church out of their pious care to promote Religion and the salvation of mens souls and not only to preserve outward peace and safety Answer 2. The Magistrate is for the the punishment of them that do evil Rom. 13.1 Is it not an evil sin a sin of omission against Gods Law not to allow maintenance to ministers which God commands both in the Law and Gospel Therefore the Magistrate sins if he punish not that neglect of duty thereby to inforce it As he doth in other cases as in relief of the poor in taxes in other duties Answ 3. Whereas Charles saith that people should maintain ministers freely they should be free in that duty to obey God only therein God commands it to be freely done therefore the Mngistrate hath nothing to do to meddle with it to inforce it by coercive Lawes It is plain that a duty commanded by the magistrate may notwithstanding be done freely and willingly Tit. 3.1 Obey Magistrates be ready to every good work The double command of God and man too of them of whom God sayes They are Gods should move to more free willing cheerfull obedience for conscience sake Rom. 13.5.1 Pet. 2. 2 Cavil Charles to animate people against Magistracie and Ministery Prints expresly That tythes are an oppression and a bondage and that selling of Parson ages is selling of poor mens labours and that tythes are the people 's own estate Ans It s evident that tythes are no bondage or wrong because the paying of them is not one farthing charg to any man rich or poor in the whole Nation The tythes neither belong to the State nor to the Land-lord nor Tenant of the Lands and Houses where those tythes arise but they belong only to the Minister and Impropriator as their right and propriety as hath been proved before the Honourable Committee for Tythes by the godly-learned in the Laws and is manifested by several learned Treatises When Kings of this Nation had the Patronage of Rectories If the Minister Incumbent died the Profits the tythes thereof went not to the State but were sequestred and kept for the next Minister to enjoy them And Ministers have actuall possession given them as free-holders as freeholders paid Subsidies and sued at law as freeholders It s manifest that the Purchasers of lands and houses do not purchase the tythes and duties that have and do issue out of those Lands and Houses as a Rent-charge due and payable to the Minister or Impropriator neither do they purchase the lands tythe-free or duty-free And the Tenant or Farmer doth not hire the tythes and duties of the Landlord who having no right to them hath no power to let them or to enjoy them himself And there is hath bin a consideration had of this Rent-charge of tythes in all Purchases Leases c. which would be a tenth part more in value and price if the Lands or Houses purchased or hired were tythe-free As is manifest in tythe-free Lands which are purchased and let at higher rates by a tenth part then Land or Houses charged with tythe-rent Thus it hath pleased God who when he gave the Land of Canaan to Israel did reserve the tythes to himself for his Ministers and made other provisions for them in Lands and houses by his special providence to provide and establish in this Land and in other Lands and Nations a maintenance for his Ministers by the free Donation and legal settlement of Houses Glebes and Tythes given and establisht by those who have been Proprietors and Possessors of Lands and Houses and this establishment hath been made and continued by Law and Custome for many generations as heretofore and of late especially hath been proved by ancient Histories and Records and this settlement of Ministers maintenance from good grounds both from the Law and Gospel also which commands the liberal maintenance of Ministers such a maintenance at least as tythes amount unto Gal. 6.6 1 Cor. 9.2 c. Notwithstanding all this cleere demonstration that tythes are none of the peoples owne that the people have no right to them in the least yet it is strange to see how unperswaseable people are to believe this truth and how forward they are to embrace Charles Nicholls his false doctrine touching the peoples right to tythes So that many people count it their duty to detein their tythes they think they do God and themselves good service to cozen the Tythe-receiver what they can I have heard divers say It is no sin to cozen the Parson what they can upon this accompt they say with scorne and glorying when they pay any tythes We give the Priest as they in scorne call the setled minister So much every year we are at such charges to the Priest either glorying in their bounty and gifts or rather grudging at their payments of tythes which are no more theirs then a Legacie is the gift of an Executor or a debt the gift of the debtor or the rent the gift of the tenant to the Land-lord Answ 2 Such as Mr. Charles Nicholls are Oppressors of godly Ministers by abetting the witholding of setled maintenance and oppressors of people too by causing them to be charged with costs in Law for the iniquity to which they intice them and by drawing them from the orderly dependance upon their owne setled Pastor to be at charge in needlesse journeyes expences losses by neglect of Families at home and by occasioning them to be at need lesse charges touching ministers maintenance when they may injoy a competent
all though never so ignorant or scandalous one and all like Hogs at the trough Come and come all said a Minister lately in the next Parish Church and another neer me after he had set up his Altar and Rails said openly in the Church immediately before the Communion Come all up hither to the Manger of your souls And such Ministers to comply upon this accompt knowing the peoples lawless liberty about their Tythes are very wary how they reprove or oppose their sins either publikely or privately I shall never forget what a godly Minister told me touching a Non-resident for whom he preached at Milton in Kent The Curate told the Non-resident that such a chief man of the Parish prophaned the Sabbath exceedingly Tush said the Non-resident Let him alone he payes his Tythes well if you meddle with him he knows what he may do to half undo me in my Tythes 17 Consider that unless the Maintenance of Ministers be more certain but continue arbitrary in a manner as the case now stands there must of necessity follow thereupon an utter overthrow of a godly able Ministery and thereby the ruine of the Gospel it self for want of a certain liberal Maintenance for such Ministers Mr. Stock writing upon Mal. 3. tells us that Julian the Apostate ruined the Church more then any persecuting Emperour before him for they overtherw Ministers only but he overthrew the Ministery it self by taking away Tythes and-thereby overthrew the worship of God which is all one with a liberty left to people to take away or with-hold the Ministers maintenance Lastly consider the blessing of God that comes on those that make conscience of performing this Religious duty touching the maintenance of the Ministers of God whereby the worship of God is upheld read Deut. 14.22 23 28 27. Chap. 16.12 Prov. 3.9 10. Mal. 3.11 12 Think of Abraham the first Tythe-payer as we have shewed before God blessed him greatly and he became great and gave him flocks and herds and silver and gold c. And Jacob the next Tythe-payer we read of Gen. 28.20 God blessed him and his posterity the children of Jacob the children of Israel And on the contrary consider the Curse that follows the neglect of this duty and the judgements of God upon those that deal not faithful therein Those that neglected this duty were cursed with a curse they carried out much and brought in little Mal. 3.12 The holy Prophet Samuel speaks of King Sauls taking the tenth of their seed and of their Vineyards and giving them to his officers and servants 1 Sam. 8.15 what became of him and of all his ruine bloud and destruction followed them The cry of the oppressed servants of God comes up before God who by this sin especially is much provoked to wrath and to poure out his judgments against Princes and people even whole Nations where Gods Ministers are misused despised oppressed for this sin God sent against Israel the King of the Caldees who slue their young-men with the sword c. 2 Chron. 36.15 And what thinke we shall become of those States and private persons who take away or suffer to be taken away that maintenance of Gods ministers especially seeing there is a further obligation now upon us to uphold and pay it Because men of ability have formerly and of late out of their piety charity and bounty freely given and legally setled Houses Lands and Tythes upon ministers out of their own proprieties and estates which they lawfully might do and moreover when they did give and settle that maintenance they laid a curse upon those that should take it away as Histories shew fully The Miseries of Germany began as we have before shewed with the deniall of paying tythes The Prince Elector Palatine took away tythes which were so setled upon Ministers he tooke them away to maintain warres he lost all for neer thirty yeares together the Christian world is full of such examples and in this Nation in private families I shall only mention the sacrilegious practice of the late Bishops here Arch-bishop Laud especially who hindered the maintenance of Godly Ministers which was advanced by the buying in of Impropriations which Godly people did purchase and bestow for the maintenance of such Ministers Those Bishops destroied that worke and persecuted the Feoffees that were imployed in it and had ruined them had not the Parliament come on See the Historie of this in the Historie of Archbishop Lauds Triall But this was the threshold of the Prelates ruine they had a viall of wrath poured upon them which makes them knaw their tongues for pain They have since lost all Honours Maintenance c CHAP. V. ALl this calls for some speedy means and remedies to cure this Disease to take away these Fraudes Wrongs and Oppressions Humble Proposalls for the Propagation of the Gospel and touching the nature lawfullnesse and right of tythes have been incourged and received from meane persons by the Higher Powers of late for this cause of Ministers maintenance is a Gospel-cause tending much to the Propagation thereof It is a cause of publique Interest which all men have some Interest in and are bound to promote Joseph though a slave in Egypt made Proposalls to a great King for the common good to keep off a Famine and he found acceptance I conceive the People-enslaved Ministers in England have cause and inducements now to do the like to keep off a spiritual famine of the Word from all and a temporal Famine or want from themselves 1 Proposall That no Tythe-payer may take or cary away any things tytheable before the Tythe-receiver have notice when the things tytheable are ready to be tythed so that the Tythe-receiver may see the tythes set out if he will if some expedient to this purpose be not found out the laws for tythes or tytheing are to litle purpose Before the Parliament when the Ecclesiasticall Courts and Lawes were in being tythes were justly paid People durst not carry away their tythes or any part of them unlesse compounded for or tythed out by the Tythe-receiver or in his presence or in the presence of his assigne or servant who rode about in harvest and asked the Tythe-payers to have the tythe set out who knowing the danger if they were sued in the Ecclesiasticall Courts and to prevent further trouble would deal fairly either bid the servant set out bough out the tythe himselfe or else appoint him to come at such a time and see it set out which seeing the tythe set out by the Tythe-receiver is a thing just reasonable and possible The law should be impâ—rtiall to all parties for them to see they have their owne and to be at liberty to in joy it when they will The Tythe-payers see they have their owne their nine parts why should not the Tythe-receiver who is the other party in this cause see he hath his owne his tenth part or tythes which are his propriety and estate