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A81121 Lawles tythe-robbers discovered: who make tythe-revenue a mock-mayntenance, being encouraged thereunto by the defect of law and justice about ministers maintenance; and by the cavills and pretended objections against it. Which defect of law and justice is herein fully discovered, together with the frauds and wrongs occasioned by that defect, that they may be prevented by better laws, and more impartiall justice, now in Parliament-time, wherein remedies have always been most speedy and certain. Herein the many cavills and pretended objections made against tythes, and all setled maintenance of ministers are recited and confuted. Herein also, some motives to the higher powers for speedy relief of ministers, by better laws. Together with some humble proposals of means for the rooting out and preventing of those frauds and wrongs. Imprimature, Edm. Calamy. Culmer, Richard, d. 1662. 1651 (1651) Wing C7480; Thomason E829_18 47,813 43

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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 spa●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 p●●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 ●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
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
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 s●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