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A70871 The remainder, or second part of a Gospel plea (interwoven with a rational and legal) for the lawfulness & continuance of the antient setled maintenance and tithes of the ministers of the Gospel wherein the divine right of our ministers tithes is further asserted ... / by William Prynne of Swainswick, Esq. ...; Gospel plea (interwoven with a rational and legal) for the lawfulness & continuance of the ancient settled maintenance and tenthes of the ministers of the Gospel. Part 2 Prynne, William, 1600-1669. 1659 (1659) Wing P4050; ESTC R15632 145,173 195

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them with such wilfull obstinacy that many of them chuse rather to lye in prison upon mean Processe or Executions than set out or pay their TITHES or appear to Actions brought for their recovery and now combine with the Anabaptists and other sectaries in fresh Petitions and Prosecutions both against TITHES and Ministers endeavoring their total and final Extirpation by the power of their Confederates in the Army and Westminster Juncto sodainly called in again and owned by them as a Parliament after their former six years seclusion to accomplish this their design and root our Law and Gospel Lawyers and Ministers together as their fresh Petitions Addresses to them for that purpose clearly demonstrate beyond contradiction Which occasioned this publication after so long a suspension thereof An Appendix to the Second Chapter further clearing the Divine Right of Ministers Tithes THe Divine Right of Ministers Maintenance by TITHES asserted in the former Printed Part of my Gospel-Plea c. for the Lawfulnesse and continuance of the antient setled Maintenance and TITHES of the Ministers of the Gospel may be thus further evinced demonstrated confirmed 1. It is the Opinion of Learned Petrus Cunaeus and Dr. Griffith Williams his transcriber That Melchisedec Priest of the most high God to whom Abraham the father of the Faithful GAVE TITHES OF ALL Gen. 14. 20. Hebr. 7. 1. to 15. was in truth none other but Jesus Christ the Sonne of God then personally meeting him in the form of a man which he then assumed though not that very body or flesh begotten and born of the Virgin Mary which he long after took upon him when he was incarnate and conversed upon Earth That Abraham then gave him TITHES OF ALL as perceiving under that visible form an invisible Deity and everlasting Priesthood to subsist to whom Tithes originally are only due eternally due because he is and continues for ever an everlasting Priest That our Saviours own words John 8. 58. Abraham rejoyced to see my day and he saw it as well with the eyes of his body by this special apparition of Christ then meeting and blessing him as a Priest of the most high God at that time as with the eye of his faith and was glad do warrant this their opinion That Melchisedec was no other than Jesus Christ himself which they sortify with 7. strong unanswerable Arguments in the opinions of many from whence if granted it will inevitably follow That TITHES are more truly and properly Evangelical than Ceremonial or Judaical because thus originally given and paid to Christ himself the everlasting Head King High Priest of the Church by Abraham the Common Head and Father of all the Faithfull as well Gentiles as Jewes out of the prevision of his Incarnation in reference to his Everlasting Priesthood as an honorary Portion Tribute Salary of right belonging and annexed to his Priesthood Hebr. 7. 1. to 15. Gen. 14. 18 19 20. which Priestly office was principally to be executed compleated upon Earth and in Heaven by Christs subsequent Incarnation Passion Sacrifice of himself upon the Crosse Resurrection Ascension into Heaven and perpetual Intercession at Gods right hand for all his elect both as God and Man especially in relation to the Gentiles not generally called converted to the faith till after his Incarnation and Ascension Therefore by necessary consequence all Christians and believing Gentiles under the Gospel have altogether if not farre greater yet at leastwise as great as strong a reason ground obligation enforcement chearfully thankfully conscientiously to render TITHES of all they have to Christ for the use of his Ministers instruction edification of his Church and compleating of his body since his Incarnation and investiture in his everlasting Priesthood for their eternall welfare as Abraham or the Israelites had to render him or the Levitical Priests who typified him and attended on his service so long before his Incarnation and Priesthood fully compleated in all its parts and Offices Jesus Christ being THE SAME YESTERDAY AND TO DAY AND FOR EVER Hebr. 13. 8. and as much if not farre more in some respects a Priest of the most high God to all believing Gentiles Christians since his Incarnation Passion Ascension as he was to Abraham and the Jews before them God since his Resurrection sending him to blesse us in turning every of us from our Iniquities as well as them Acts. 3. 25 26. compared with Acts 10. 42 45 47. ch 11. 1. to 20. Wherefore those ingrate avaritious unconscionable Christians of this degenerous age who obstinately or maliclously refuse to render unto Christ their only High-Priest who sacrificed himself to God and shed his most precious blood for them on the Crosse to redeem their Soules from everlasting Damnation and purchase an eternal Crown of glory for them in Heaven where he continually makes intercession for them executing his Priestly Office for their Salvation the tithes of all their increase as a just Appurtenance to his everlasting Priesthood condemning them as Jewish Antichristian unfit or too much for him as the High Priest and Prophet of his Church to enjoy or for the faithfull Ministers of the Gospel in his Name or Right to receive who spend all their studies labours lives in Christs service in the Declaration Publication Application of the benefits of Christs Priesthood Passion Gospell to them and others for the eternal salvation of their souls are certainly none of the spiritual Sons or seed of faithfull Abraham who gave him Tithes of all and do either repute Christs everlasting Priesthood a mere Fable or set a far lower rate upon it the Ministry of the Gospel and their own most precious Souls than they do upon their detained Tithes and so can expect little benefit from Christs Person or Priesthood which they so much undervalue and sacrilegiously defraud of so antient a duty 2ly There is one Notable considerable circumstance of time in Abrahams payment of Tithes of all to Christ the true Melchisedec not formerly observed or pressed by any I have seen which in my opinion unanswerably proves that this President of his most principally respected related to the believing Gentiles and Christians under the Gospel and as strongly obligeth them his true spiritual seed to the due payment of Tithes to Christ and his Ministers now as ever it did the Jews his natural Posterity to pay Tithes to their Priests and Levites under the Law if not more firmly Namely that he thus paid Tithes to Christ some good space before Circumcision instituted whiles he was yet uncircumcised as is most evident by comparing Gen. 14. 18 19 20. with Gen. 17. 1 10 to 15. Now as the Apostle thus firmly and Evangelically argues from this very circumstance of time in the point of Abrahams justification by Faith whiles he was yet uncircumcised as presidential exemplary obligatory to all believing Gentiles and spiritual Sons of Abraham under the Gospel who are
not circumcised as well as to the natural believing children of Abraham under the Law who were circumcised Rom. 4. 9 to 13. Commeth this blessednesse then upon the Circumcision only or upon the Uncircumcision also for we say that Faith was reckoned to Abraham for Righteousnes How was it then reckoned when he was in Circumcision or in Vncircumcision Not in Circumcision but in Vncircumcision And he received Circumcision a Seal of the Righteousnes of Faith which he had yet being Vncircumcised that he might be the Father of them that beliebe under the Gospel though they be not Circumcised that Righteousnes might be imputed unto them also And the Father of Circumcision to them who are not of the Circumcision only but also walk in the steps of the Faith of our Father Abraham which he had yet being uncircumcised So I by parity of Reason from this very Text compared with the same Apostles relation of Abrahams paying Tithes of all to Melchisedec Hebr. 7. 1 to 15. and the inferences thence formerly insisted on may as firmly as convincingly conclude That his payment of Tithes to Christ the true Melchisedec not after his Circumcision but whiles yet uncircumcised and before Circumcision instituted and that as the Common-Father Head of all the justified faithfull believing uncircumcised Gentiles before the Law and under the Gospel as well as of the circumcised believing Jews walking in the steps of his Faith which he had yet being uncircumcised doth as strongly oblige all believing Gentiles Christians though uncircumcised to pay Tithes of all to Christ and his Ministers under the Gospel as it did his believing circumcised Posterity to render thē to Christ himself originally and his Priests and Levites secondarily under the Law if not much more since Abraham paid them to Christ before he was circumcised as a fruit and evidence of his Faith which then he had during his uncircumcision and a standing President for all Believers to imitate 3ly From this famous President of Abrahams paying Tithes of all to Melchisedec Saint Ambrose Sermo 34. In feria post primam Dominicam Quadragesimae Gregorie Nazianzen Oratio 5. Contra Judaeos Chrysostom Hom. 35. in Genes Isiodor Hispalensis in Glossa ordinaria Super Gen. 16. Rabanus Maurus l. 2. c. 16. in Genesin Anastatius Abbas contra Judaeos Elias Cretensis in Orat. 5 Walafridus Strabo De Rebus Ecclesiasticis c. 27. Stephanus Tornacensis Epist 171. with other Antients conclude Tithes to be due to Ministers of the Gospel by Divine Right whom the Councils of Mentz Anno 813 846 887. Concilium Aquense Anno 837. cap. 18. with the Council of London under Arch-Bishop Hubert Anno Dom. 1200. recorded by Roger de Hoveden Annalium pars posterior p. 806 808. thus second Decimas DEO Sacerdotibus Dei Dandas Abraham factis Jacobus promissis insinuat deinde Lex Statuit et omnes Doctores sancti commemorant et auctoritas veteris et novi Testamenti necnon sanctorum Patrum Statuta declarant Decreeing thereupon Decimas de omnibus quae per annum renovantur c. Praestare Deo omnino non negligatur Quas Deus sibi dari constituit quia timendum est ut quisquis Deo debitum suum abstrahit ne forte Deus per peccatum suum auferat ei necessaria sua c. From his example seconded with Divine Precepts Gerold Bishop of Oldenburg about An. Dom. 1100. writ thus to the Holzati and Inhabitants of the Deserts of Wagira then newly converted to the Christian Faith and beginning to build Churches for Gods publick worship that they should likewise pay Tithes to their Ministers without which all the rest of their Devotion would be nothing worth Dei enim Praeceptum est Decimas ex omnibus dabis mihi ut bene sit tibi longo vivas tempore cui obedierunt Patriarchae Abraham scilicet Isaac Iacob omnes qui secundum fidem facti sunt filii Abrahae per quod laudem etiam praemia aeterna consecuti sunt Apostoli quoque et Apostolici viri exore Dei hoc ipsum mandaverunt sub Anathematis vinculo posteris servandum tradiderunt Cum ergo Dei omnipotentis proculdubio hoc constat esse Pra ceptum sanctorum Patrum sit Aucioritate firmatum nobis id incumbit negotii ut quod vestrae saluti deest nostro in vobis opere per Deigratiam suppleatur Monemus ergo obsecramus omnes vos in domino c. ut decimas prout Deus instituit Apostolica banno firmavit autoritas ad ampliandum dei cultum Ecclesiae detis Ne si Deo quae ipsi debentur substraxeritis substantiam simul animam in interitum mittatis aeternam Valete Upon reading which Letter the rude people cryed out and raged just as the Anabaptists do now His auditis tumultuosa gens infremuit dixeruntque se huic conditioni servili nunquam collum submissuros per quam omne pene Christicolarum genus Pontificum pressurae subjaceat c. whereupon Henry the first Duke of Holzatia commanding them as they would obtain his favour Ut solverent Episcopo Decimas cum omni integritate sicut faciunt in terra Polaborum Obotritorum Ad hoc Praeceptum Holzati obstinatis animis dixerunt Nunquam se datucos Decimas quas patres sui non dedissent malle se potius succenfis aedibus propriis egredi terram quam tantae servitutis jugum subire Praeterea Pontificem cum Comite omni advenarum genere quod Decimarum solvit legitima interficere cogitabant terra inflammata transfugere in terram Danorum Neither obeying the Presidents of Abraham and the Patriarchs nor the Laws of God the Apostles or their Prince in paying their Tithes to their Bishop and Pastor as they ought whose practice our Anabaptists and Quakers now obstinately pursue What strong convincing Arguments to prove the divine moral perpetual right of Tithes to the Ministers of the Gospel learned Protestant Divines to omit Papists have deduced from this Original direct President of Abrahams Tith-paying those who desire further satisfaction herein may read at leasure in Mr. Calvin Junius Hemingius and others on Hebr. 7. Zepperus Legum Mosaicarum Explanatio l. 4. c. 40. Dr. George Carlton his Tithes due by a Divine Right Richard Montague his Diatribae on the first part of Mr. Seldens History of Tithes cap. 1. Stephen Nettles his Answer to the first part of the History of Tithes Dr. Robert Tillesley his Animadversions on Mr. Seldens History of Tithes Dr. Edward Reynolds his explication on Psalm 110. 2 4. Mr Francis Roberts his Revenue of the Gospel is Tithes c. Cambridge 1619. Richard Ebur● his Maintenance of the Ministery London 1603. The truth of Tithes discovered by R. G. London 1618. Dr. John Prideaux Oratio 5. de Decimis Anno 1620. p. 90. Sir James Semple his Sacrilege sacredly handled London 1619. John Swan his Redde Debitum London 1640. p.
their and all others just Rights and Liberties I leave to their own saddest Meditations these Gospel Texts of Rom. 2. 1 2 3. and c. 12. 20 21. which I hope neither will nor can offend any Professors of the Gospel Therefore thou art inexcusable O man whosoever thou art that judgest for wherein thou judgest another thou condemnest thy self for thou that judgest doest the same things But we know that the judgement of God is according to truth against them who commit such things And thinkest thou this O man that judgest them who do such things and doest the same that thou shalt escape the Judgement of God Be not High-minded but fear For if God spared not the Natural Branches take heed lest he also spare not thee being a Wilde Olive Tree And when they have meditated on these Texts I shall further importune all such of them who like the little Horn in Daniel 7. 24 25 26. that should be divers from the FIRST and subdue THREE KINGS and being elevated with that successe should speak great words against the most High and wear out his Saints and think to change Times and Laws advisedly to consider what there next follows That though the Laws and Times should be given into his hand yet it will be untill a time and times and the dividing of times And the Judgement shall sit and they shall take away his Dominion to consume and destroy it unto the end And then our Ministers need not fear their Ministry Tithes Glebes nor the People their Iust Rights and Liberties which otherwise are like to be lost subverted destroyed in the long bloody costly Contests and Wars for their Defence and Preservation Now lest any should pretend matter of Conscience or Reason against the Christian Magistrates enforcing of Tithes true payment by coercive Means and Laws in these Tith-detaining sacrilegious times or for the speedy Repeal of all our fore-specified Laws and Ordinances yet in force to compel all Detainers of them to pay them duly under the several penalties therin prescribed I shall endeavour to give a full satisfactory Answer to all Arguments and Cavils of moment usually made against them which are reducible to these four Heads Object First That there is no expresse Precept in the Gospel nor any such penal Laws enforcing the payment of Tithes to be found in the Primitive and purest times for 500. years after Christ Therefore they are unlawfull oppressive un-evangelical tyrannical antichristian as Canne terms them in his thundering empty voyce Answ To this I answer first That there is no expresse Precept or President in the New Testament for any strange High Courts of Justice Martial or other Courts of that Nature for any Articles of War or penal Laws to put Souldiers or any others to death or inflict punishments for any New High-Treasons or Offences whatsoever No Precept nor President that John Canne a late Excise-man as divers report can produce for the imposing or levying of any Excise Impositions Taxes Customes Crown-Rents Tonnage Poundage Contributions by any Distresses Forseitnres Imprisonments sale of Goods billetting of Souldiers on the People and armed violence now used by Souldiers Excisemen Collectors and other Publicans sitting at the Receipt of Custom whereof I hear Iohn Canne is one perhaps to Excise the Alehouses and Cannes there used for names-sake all puny to and less warrantable by Gods Law and Gospel than our Ministers Tithes The Objectors therefore must find express Gospel-Texts for all and every of these publick Duties and the present wayes of levying and enforcing them or else disclaim them or their Objection against Tithes 2ly I have produced expresse Gospel-Texts warranting in the general coercive Laws Sutes Actions to recover Ministers Tithes as well as any other just legal publick or private Dues Debts Rents Lands Possessions whatsoever Therefore the Objectors must either disclaim their Objection or renounce all penal Laws Sutes and coercive Means whatsoever to levy or recover any other civil Rights Debts or Duties whatsoever and introduce a lawless Anarchy and Confusion amongst us for every one to cheat defraud rob oppresse disseise spoyl defame wound murder one another without any penalty or redresse except only by club-Club-law instead of a peaceable just and righteous Government 3ly The reason why there were no coercive Laws for the payment of Tithes or Ministers dues in the Primitive Church for above 500 years was this because Christians then were so zealous ready forwards to render them with an overplus and to sell their very Houses Lands Possessions Estates and lay them down at the Apostles and Ministers feet to maintain them and relieve their poor Christian Brethren witness Act 2. 44 45. c 4. 34 35 37. c. 5. 1 2. 2 Cor. 11. 9. Phil. 4. 15 16 17 18. Rom. 15 26 and that memorable place 2 Cor. 8. ● to 5. where Paul records of the first Churches and Converts in Macedonia how that in a great Tryal of Affliction in times of heavy persecution their deep Poverty abounded to the riches of their Liberality for to their power I hear them record yea and beyond their power they were willing of themselves praying us with much intreaty that we would receive the Gift and take upon us the Fellowship of the Ministring to the Saints c. The New Testament records the exceeding readiness of the Pharisees to pay Tithes of all they did possesse and of the smallest Seeds and Garden-Herbs of all kinds to their Priests or Levites which Christ himself approved commended with a these things ought ye not to have left undone And Philo a learned Jew who lived under Claudius in the Apostles daies records as an Eye-witness on his own knowledge That the Jews were so forward in paying their First-fruits and other Dues to their Priests That they prevented the Officers demanding them paid them before they were due by Law as if they had rather received a benefit than rendered any both Sexes of their own readiness bringing them in with such courtesi● and thanks giving as is beyond all expression they are his very words And were they then lesse forwards think you to render due Maintenance if not Tithes and First-fruits to the Apostles when they turned Christians Surely no for the forecited Texts in the Acts declare they were far more bountifull than before both to the Apostles and poor Saints selling all they had to support them The like zeal even in the heat of persecution under bloody Pagan Persecutors continued in all the Primitive Christians next after the Apostles who though persecuted driven into Corners imprisoned banished and spoyled of their Goods Lands by plundering Officers Sequestrators Souldiers as Eusebius and others record yet every one of them out of his deep Poverty contributed every Month or when he would or could some small stipend for the maintenance of the Ministers and Poor when they had no Lands to pay Tithes out of of his own accord without any coercion witnesse Tertullian
who flourished but 200. years after Christ Modicum u●●squisque stipem Menstrua die vel cum velit et si modo volit si modo possit apponit nam nemo compellitur there was no need when they were so free of their own accord sed sponte con●ert Haec quasi deposita pietatis sunt And though their Monthly stipends in regard of their great Poverty were thus termed small comparatively to what they were before the Persecution yet indeed they were very large considered in themselves as by the same Authors following words in this Apology c. 42. appears Plus nostra misericordia insumit vicatim quam vestra Religio templatim they bestowing more in a Liberal free way of Christian Charity in every Village towards their Ministers and Poor than the wealthy Pagan Romans did in their Temples and Sacrifices for the Maintenance of their Paganism In the 9th general Persecution of the Christians about 273 years after Christ or before The Governour of Rome told Saint Lawrence the Martyr Arch-Deacon to Pope Xistus the 2d and Treasurer of the Christians Oblations for the Ministers Maintenance and Poors relief that the common Report then was how the Christians did frequently cell their Lands and dis●nherit their Children like those in the Acts to enrich the Ministers and relieve the Poor bringing thousands of Sestertii at a time to St. Lawrence out of the sale of their Lands so as their Treasury was so great that he thought to seise on it for a prey Which their bountiful Liberality Prudentius thus poetically expresseth Offerre fundis venditis Sistertiorum Millia Addicta Avorum praedia Faedis sub auctionibus Successor exhaeres gemit Sanctis egens Parentibus Et summa pietasli creditur Nudare dulces beros What need then any Law to compel the Christians to pay Tithes or Ministers dues when in the heat of Persecution they were so bountifull to them and the Poor as thus voluntarily to contribute their whole Estates for their support Whose President if the Cavillers against our present penal Laws Ordinances for Tithes would imitate no Minister nor other voluntary Tith-payers would oppose their repeal And though in these Primitive times of Persecution the Christians being spoyled of their Lands and Possessions could not pay Tithes in kind in most places but were necessitated to such voluntary Contributions as these yet without all peradventure they held the payment of Tithes to Ministers in kind a Divine Moral Duty and in some places and at some times when and where they could did voluntarily pay Tithes as a Duty for their Maintenance without any coercive Laws or Canons upon the bare demand or exhortation of their Ministers by vertue of Gods own Divine Laws as is undeniable by Irenaeus l. 4. c. 34. who records That the Christians in his time being but 180. years after Christ did not give lesse to their Ministers than the Jews did to their Priests by the Law of Moses who received the consecrated TITHES of their people but more Designing omnia quae sunt ipsorum all they had to the Lords use Hilariter ac liberaliter ea quae non sunt min●ra Giving chearfully and freely those things which were not lesse than Tithes as having greater hope than they And further confirmed by Origen Homil. 11 in Numeros Saint Cyprian lib. 1. Epist 9. De unitate Ecclesiae the words of Saint Augustine Hom. 48. Majores nostri ideo copiis abundabant quia Deo Decimas dabant And the second Council of Mascin An. 586. Can. 5. Leges Divinae Consulentes Sacerdotibus ac Ministris Ecclesiarum pro Haereditaria portione omni populo prae●eperunt Decimas fructuum suorum locis sacris praestare ut nullo labore impediti per res illegitimas possint vacare Ministeriis Quas leges Christianorum Congeries legis temporibus custodivit iutemerata Which prove a long continued Custom and Practice of paying Tithes to Ministers as a Divine Right and Duty used amongst Christians long before St. Augustins dayes and this antient Council And no sooner were the times of Persecution pa●t but the Divine Right of Tithes was asserted pressed and the due payment of them inculcated by St. Hilary Nazianzen Ambrose Hierom Chrysostom Augustine Eusebius Cassian Cyril of Jerusalem Isiodore Pelusiota and Caesarius Arelatensis all flourishing within 500. years after Christ as Dr. Tillesly proves at large And the people during that space paying their Tithes freely without any compulsion in all places there needed neither Laws nor Canons to enforce their payment whence Agobardus writes thus about the year of our Lord 820. when Laws and Canons began to be made for their payment of the precedent times Nulla compulit necessitas fervente ubique religiosadevotione amore illustrandi Ecclesiae ultro aestuante That there was no need of Canons or Laws to compel the payment of Tithes whiles servent religious Devotion and love of illustrating Churches every where abounded But in succeeding degenerating times when according to Christs prediction the love and zeal of many Christians to God Religion and Ministers began to grow lukewarm and colder than before so as they began to detain their Tithes and Ministers dues then presently Christian Kings and Bishops in Ecclesiastical and Temporal Synods and Councils began generally in all places to make Laws and Canons for the due payment of them declaring in them only the Divine Right Laws and Precepts of God to the People both in the Old and New Testament as a sufficient obligation seconded by their bare Canons and Edicts without any coercion or penalty to oblige them to their due payment The first unquestionable Canon for the payment of Tithes I find extant is that of the second Council of Mascin forecited An. 586. cap. 5. The first Law extent made by any General Council or Parliament for the payment of Tithes is that of the Council of Calcuth in England under Offa and Alfred An. 786 declaring their Divine Right and enjoyning their payment without any Penalty After which Charles the Emperour about the year of our Lord 813. by Canons made in sundry Councils and in his Capitulars or Laws enjoyned the payment of Tithes under pain of being enforced to render them by distresse upon complaint and some small penalties Since which time many Laws and Canons were made in our own and forein Realms till our present times for the due payment of Tithes under sundry penalties which because collected by Sir Henry Spelman in his Councils Mr. Selden in his History of Tithes Bochellus Decret Eccles Gal. l. 6. Tit. 8. De Decimis Fridericus Lindebrogus Codex Legum Antiquarum Surius Binius Crab Lindwood in their Collections of Councils and sundry others I have therefore only given the Reader a brief Catalogue of the principal Civil laws both at home and abroad for the due payment of them reciting more at large but what others for the most part have omitted and are not vulgarly known giving only
brief hints upon some of the rest in my third Chapter Whither I refer the Reader for further satisfaction in this Objection and shall conclude of penal Laws as Seneca doth of Fates Fata volentes ducunt Nolentes trabunt those who will not willingly pay their Tiths must and ought to be compelled thereunto by penal Statutes The second Objection is That the payment of Tithes is against many mens Judgements and Consciences Therefore it is both Vnchristian Tyrannical and Vnjust to enforce them thereunto I answer 1. That the payment of Tithes being not only warranted but commanded in and by the Old and New Testament and the constant practice of Christians in all Ages Churches there neither is nor can be the le●●t pretence of Conscience for the non-payment of them Therefore this pretext of Conscience is in truth nought else but most desperate Vnconsci●nableness Malice Obstinacy Peevishness Covetousness Impiety or secret Atheism worthy to be reformed by the severest Laws and penalties 2ly All that Conscience can pretend against their payment as Tithes is only this Anabaptistical Devise and loud Lye of Canne and others That the payment of a precise Tenth part of mens increase to their Ministers is Jewish or Antichristian and so unlawfull both which I have unanswerably refelled Therefore this can be no ground or Conscience for any to detain them But if any scrupulous Consciences be not satisfied in this point let them either pay their Ministers the Moitie or 9. parts or the 5 6 7 8 or 9 part of their annual encrease neither of which is Jewish or Antichristian or else let them sell all their old or new purchased Lands Houses Possessions Goods they have and bestow them on the Ministers and Poor as the forecited Primitive Christians did whom they pretend to imitate and then they may satisfie both their Consciences and Ministers too without the least difference coercion sute or penalty of our Laws 3ly Many of these very Objectors pretending Conscience as Souldiers or Sequestrators have made no Conscience to enforce thousands of Parishioners of late years throughout the Nation to pay their Ministers Tithes to themselves for pretended Arrears or sequestred Goods and exacted Monthly contributions out of Ministers Tithes to pay the Army without any scruple of Conscience levying them by distress and armed violence when detained If then they can enforce others thus to pay Tithes to themselves and those to whom they were never due by any known Law of God or Man With what Conscience can they detain them from our Ministers to whom they are due by all divine and human laws or condemn the enforced payment of them from themselves who have so violently extorted them from others 4ly If any Ministers or others plead the payment of our late heavy monthly Taxes Excises Impositions Ship-mony far exceeding the old to be against their Conscience as being imposed by no lawfull Parliamental Authority repugnant to all our Laws Statutes Liberties Privileges Protestations Covenants Records Votes of Parliament imployed to shed Seas of innocent precious Christian blood to maintain unchristian bloody wars against our late Protestant Brethren in Covenant and Amity they know not upon what lawfull Quarrel to support an arbitrary Army Government Power to domineer over them to subvert our old Fundamental laws Parliaments Covernours Liberties Peace Elections Trials the Great Charters of England foment Here●ies Sects Schisms and carry on the Plots of the Pope Jesuites Spaniard French to ruine our Realms Church Religion and pay many disguised Jesuites and Popish Priests secretly lurking in all places under the Mask of listed Souldiers as most wise men conceive to perpetuate our warrs destroy our Ministers and Nation by endless wars and Taxes All these with other such weighty grounds of Conscience Law Prudence which some have insisted on and pleaded can no waies exempt them from violent Distresses Quarterings Penalties Forfeitures Levies by armed Souldiers who regard these Pleas of Conscience no more than Common High-way-men who take mens Purses by force and deem all publick Enemies who dare plead Law or Conscience in this case though the Plea be true and undeniable even in their own Judgements and Consciences as some of them will acknowledge to those they thus oppress Why then should they or any others esteem this mere pretence of Conscience only against Penal Laws for Tithes enforced in a lesse rigorous manner which they may with as much reason and Justice allege against the payment of their just Debts Land Lords Rents and all other dues from them to God or Men The 3d. Objection is That Tithes are pure Alms Therefore not to be enforced by any Law For which the Opinions of John Wickliff Husse Thorp are produced by the Anabaptists and Erasmus urged by some but without sufficient ground I have answered this Objection elsewhere and shall here only declare whence I conceive this Error that Tithes are mere Alms originally proceeded to rectifie mistakes of the meaning of some antient Authors and clear two Texts of Scripture which some Scholars and ignorant People misapprehend First I conceive this Error sprang originally from the misunderstanding of that Text of Deutr. 14. 28 29. At the end of three years thou shalt bring forth all the Tith of thine encrease THE SAME YEAR and shalt lay it up within thy Gates And the Levite because he hath no place no Inheritance with thee and the Stranger and the Fatherlesse and the Widow which are within thy Gates shall come and shall eat thereof and be satisfied That the Lord may bless thee in all the work of thine hands which thou doest compared with Deutr. 26. 12 13 14. When thou hast made an end of tithing all the Tithes of thin● Encrease the third year which is the year of Tithing and hast given unto the Levite the Stranger the Fatherless and Widow that they may eat within thy Gates and be filled Then thou shalt say before the Lord thy God I have brought away the hallowed Thing out of mine House and also have given them unto the Levite and unto the Stranger to the Fatherless and to the Widow according to all thy Commandements which thou hast commanded me I have not transgressed thy Commandements neither have I forgotten them I have not eaten thereof in my mourning neither have I taken away ought thereof for any uncleaness nor given ought thereof for the Dead but have hearkned unto the voyce of the Lord my God and done according all thou hast commanded me To which that of Amos may be referred From which Texts some have conceived That the Israelites paid Tithes only every third year 2ly That they paid them then not to the Levites only but to the Stranger Fatherless Widows and Poor amongst them who had a right and share in them as well as the Levites 3ly That these Texts use the phrase not of paying Tithes as a Debt or Duty but of GIVING them as an Alms and seeing they
Christus Thou shalt be sure to give that to an impious Souldier which thou wilt not give to God and a pious Minister The Exchequer takes that away which Christs hath not received as some Parishes have found by experience to their costs and grief VII Whether it be not a most arrogant high inexcusable presumption for a few giddy pated Innovators in this Age to condemn censure not only the practise wisedom piety of Abraham the Father of the Faithfull and all the people of God in the Old Testament before and under the Law and of most Christian States Churches under the Gospel in paying prescribing Tithes as the most equal rational just convenient maintenance for the Priests and Ministers of God of all others but likewise of the wisdom prudence providence of God who is Wisdom it self and God only wise whose very Folly is wiser than men in instituting commanding such a constant setled maintenance for them in his Word as the best fittest of all others wherein both Minister and people equally lose gain and sympathise with each other which they cannot do with so much indifferency equallity in any other way which human wisedome could hitherto invent VIII Whether it be not an infallable evidence that those have neither the Faith nor Piety and by consequence are not the Sons of Abraham the Father of the Faithfull in a Spiritual or Gospel sence who refuse to do his works and follow his steps in paying Tithes of all their spoils of Warr to Christ himself a Priest for ever after the order of Melchisedeck Heb. 7. 4. as other Soldiers by his example did both amongst Israelites Christians and Pagans too Num 31. 26 to 54. 1 Chron. 26. 26 27 28. Mr. Seldens History of Tithes c. 1. 3. and endeavour to spoyl them of all other Tithes due from themselves and others too reputing it an eminent degree of their Saintship And whether this their practise be not likelier to bring them into Hell torments than into Abrabams bosome in conclusion if they repent not of it Luke 16. 23. to 31. IX Whether all the Inconveniences objected against Ministers maintenance by Tithes be not rather fictitious imaginary than real arising from the malice covetousness impiety fraud bypocrisie injustice rapine perversenesse litigeousnesse of the wilfull Deteiners Opposers of them rather than from Tithes themselves since many Ministers heretofore and of late years have lived all their lives without any sutes for Tithes with any of their Parishioners and might doe so still would they make a Conscience to pay them without any sute Whether those who refuse to pay Tithes in kind to Ministers now out of a pretext of Conscience will not upon the same Pretence resuse to pay them any other maintenance that can be invented and make it more litigious contentious uncertain than their Tithes since every Innovation in this kind ingenders new suites disputes when all legal Controversies suites for Tithes have been long since setled resolved over and over both in Parliaments and other Courts of Justice X. Whether the admission permission of those few Commoners now acting without their Fellows being scarce the TENTH PART OF THE HOUSE to vote down or take away the Ministers Tent●s or reduce them into one publick Treasury to divide and distribute them at their pleasures though amongst the Ministers themselves at first will not be a dangerous leading President and encouragement to them upon any pretended necessity to dispose of these Tenths and the other nine parts of every Mans estate and reduce the profits of them into their publick Treasury for the necessary defence and preservation of their New-Commonwealth and the Armies pay as they did others sequestred estates heretofore because Tithes though originally dedicated as a peculiar portion inheritance and rent-service to God himself and his Church as the Soveraign Lord of all mens Inheritances specially reserved by him for his own immediate honour service homage tribute for all the other nine parts they enjoy by his free grace and liberality may be thus alienated and distributed at their pleasures therefore much more the nine remaining parts alotted unto men alone for their own private and the Publick good over which they have a greater probabler legaller Jurisdiction than over Gods own peculiar portion which might neither be alienated exchanged redeemed by any human powers but only by the Priests consents in some special cases for their advantage Numb 18. 20. Levit 27. 28 29 30 32 33. Deut. 12. 17. c. 14. 22 23. Mal. 3. 8 9. Ezech 48. 9 to 15. Which if once reduced into a new publick Treasury the Ministers are like to have no other share nor better account of them then of the Tithes of Southwales for som years last past or of the Deans Chapters impropriations for the augmentation of incompetent livings swallowed up for the most part by the Treasurers and their Instruments with little or no advantage to the publike and less to the Ministers by reason of their unfaithfullness far different from those Treasurers for the Tithes and First fruits brought to Ierusalem appointed by King Hezekiah over whom Coniah the Levite was ruler who faithfully brought in and distributed to their brethren the Oblations TITHES and dedicated things as well to the g●cat as the small without substraction or defalcation The Statutes of 27 H. 8. c. 20. 32H 8. c. 7. 2 3E 6. c. 13. style those evil disposed Persons not regarding their Duties to Almighty God and to the King their Soveraign Lord who out of an ungodly and perverse will and mind detain all or any part or parcel of their Tythes and Offerings enacting strict penalties against all Substracters and Detaine●s of them How then they can now be reputed consciencious Godly Saints unlesse inrolled for such in the Roman Kalendar is worthy resolution some of them as the Quakers beginning of late to work on the Lords day denying God one day in seven as well as the Tenth of their annual increase deeming both Jewis● and Antichristian as they deem our Ministers Ex cauda draconem FINIS a Acts 13. 22 b Matth. 1. 6. c. 9. 27. c. 15. 22. c. 22. 42 43 45. Rom. 1. 3. Rev 22. 16. c See Iohn Cannes Epistle before his second voyce nor from but against the Temple and many late Petitions against Tithes from Kent Somersetshire Wiltshite and other places d 3 E. 1. c. 5. See Cook ibidem 7 H. 4. c. 14. 1 H. 5. c. 1. 1 H. 6 c. 7. 10 H. 6. c. 2. 23 H. 6. c. 11. 32 H. 6. c. 15. 9 H. 8. c. 16. 27 H 8. c. 26. 35 H. 8. c. 11. Cook 4 Instit c. 1. e 2 Sam. 16. 18 c. 19. cl 33 E. 1. m. 4. dors 43. Brook Parliament 101 Customs 6. 32. Grotius De Jute Belli Pacis l. 2. c. 15. sect 3. c. 6 sect 1 to 7. c. 13. sect 14. 33 H. 8. c. 17. * In my Quakers
181 to 240. Tithes are due Jure Divino and Dr. William Sclater his Question of Tithes revived or Ministers Portion London 1623. an acute piece wherein all evasions and cavils to elude the force of this example are sufficiently answered 4ly From this example of Abrahams seconded with the Israelites practice Mr. Selden conjectures or rather from the Law of Nature written by God himself in mens hearts as Hugo de Sancto victore de Sacramentis l. 2. parte 9. c. 10. l. 1. parte 12. c. 4. Mr. Mountague in his Diatribae ch 3. Dr. Tillesly in his Animadversions p. 34 35. and others determine the old Heathen Grecians Romans Carthaginians Arabians with other Pagan Nations as the Mahometan Turks Moors and other Infidels since by an antient constant custome and usual practice generally received amongst them dedicated and paid Tithes to their Idol-Gods and Priests of the encrease of all their substance merchandize gains and more particularly of all their spoyles and plunders gained in the Wars wherein they were very carefull and devout Which Mr. Selden in his History of Tithes ch 3. and Review thereof and Richard Mountague in his Diatribae ch 3. evince at large by many Presidents Testimonies Passages out of Herodotus Demosthenes Xenophon Thucidides Dionysius Hallicarnasseus Plutarch Pausanias Aristotle Aristophanes Suidas Callimachus Cassius Trogus Macrobius Plautus Festus Justin Pliny Servius Cicero Tertullian Arnobius Jac. Gruterus with others and that they paid no other determinate part else we read of but a Tenth only to their Gods and Priests Now from whence write Hugo Tillesly and Mountague should this custome and practice proceed but only from the Law of Nature Ad quam non docti sed facti non instituti fuerunt sed imbuti and that by God himself Amongst these Presidents of Pagans there are 7. of special note which I shall here remember to shame the Tith-Oppugners of our Age who would be reputed the most precious Christians though their Actions prove them worse than Infidels The first is that of the old Pagan Romans who esteemed all their Corn and Wine sent them annually by the bounty of God so sacred that by a constant custome and law used amongst them they might not lawfully eat drink sell meddle with or dispose of any part thereof after their harvest and vintage till they had first sacrificed and tythed the first fruits and tenths thereof to their Gods who as they supposed gave them the whole crop such was their Piety and Gratitude The second is that of the antient Heathen Arabians who by the Law and Custome of their Country were bound to carry all their Frankincense the chief commodity of their Country every year to Sabota the chief City of Arabia Felix and there to offer the Tenth therof to their God SABIS which his Priests received Neither might they make sale of any part thereof till the Owner there paid the Tenthes by Measure not by weight These very Pagans holding all to be Gods the supream Land-lord who gave it them till by paying him the Tenth for a quotient they redeemed the rest for their own common use The third is that of the Pelasgi in Vmbria who being oppressed with a great dearth and scarcity of all things conceived it proceeded from their neglect of paying Tithes to their Gods Whereupon they vowed the Tithe of all their increase to Iupiter Apollo and the Cabiri After which Vow they receiving a plentifull crop of all things paid the tenth of all their increase to their Idol-Gods And being admonished by Apolloes Oracle that their Vow was not performed till they had sacrificed the Tenth of their Children as well as of all their other increase they thereupon sacrificed the Tenth of them to the Idols likewise Such conscience made they of all their Vows and Tithes The fourth is that of the Carthaginians thus recorded by Diodorus Siculus a Pagan Historian very remarkable The Carthaginians being descended from Tyrus were accustomed in former times to send unto Tyrus the Tenth of all their Revenues increase any ways renuing issuing or growing for Hercules the Idol-God there worshipped But in processe of time becomming very wealthy and having exceeding great incomes they sent very seldome their Tithe unto Tyrus and that but small and refuse in neglect and dis-regard of the Deity Hereupon many disasters in war crosses in Affairs of State with great losses and streights befell them especially by Agathocles the Sicilian Upon which comming home to themselves and repenting of their irreligion they betook themselves to all manner of Supplication and Devotion conceiving these losses and disasters were sent unto them of God And for so much as they supposed Hercules especially to be angry with them who was chiefly worshipped at Tyrus from whence they were originally extracted they sent exceeding great gifts and rich presents thither to him and all the Gods that were worshipped at Tyrus and brought unto them the tenth of all their increase as formerly they accustomed The fifth is that of Demosthenes that eminent Pagan Greek Orator who is very bitter against Androsion and Timocrates for bearing with some sacrilegious Defrauders of the Gods in their Dues and much more for defrauding of themselves and sacrilegiously robbing Minerva of her Tenths and the other Gods of their Fifteenths And he specially observes let our Souldiers remember it That those who purloyned and robbed the Gods of their Tenths and chiefest of their spoyles of War came to nought being destroyed by themselves at last and undone The sixth is that of Xenophon that Noble Heathen Philosopher and General and his Soldiers thus recorded at large to Posterity by his own pen worthy our observation c Xenophon after his memorable retreat with ten thousand men out of upper Asia where they had gained great spoyles from the Enemy arriving safely at Cerasunt mustred 8600 men the rest being lost partly by the incursions of the enemies partly by the snows and partly by sickness here they divided the mony they had gained from the enemies 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. Atque etiam Decumam quam Apolloni Ephesiae Dianae exemerant ita Duces distribuunt ut quilibet ipsorum hisce diis aliquam partem ejus adservaret One part of this Tenth separated to these two Deities was delivered to Neon That part which Xenophon collected for Apollo he laid up as consecrated in the Treasury of the Athenians at Delphos But that which was dedicated to Diana he left with Megabyzus the Churchwarden of Diana upon this condition being about to fight with Agesilaus at Coronea That if he escaped safe out of the Battel he should restore the sacred mony to him but if he received any disaster therein that then Megabyzus himself should dedicate it to Diana confecto donario quod Deae gratissimū fore arbitraretur Afterwards Xenophon being in exile at Scilunte built for Olympia Megab comming thither to behold Olympia restor'd the mony
not of Confusion doing all things in order number and due proportion hath amongst all other Numbers specially fixed upon a TENTH And thereupon the Antients heretofore both Natural Legal Pagan and Christian led by a natural and divine instinct thereunto have ever principally insisted on a TENTH in all their divine sacred Rites Mysteries Dues reserved by or rendered of them to their Gods and in all their publick civil Taxes Tributes Customes Duties imposed by or paid to their Emperors Kings Princes and Supreme Magistrates Hence God saith expresly All Tithes are the Lords Levit. 27. 30 c. And how his Not by Couetesie or Tolleration not by Purchase or Stipulation not by Compensation or Annexation not by Benevolence or mens free Donation but by original Right of Creation in pro●ucing every thing in its kind and of absolute Soveraign Dominion expressed in the word LORDS as a universal Rent service or acknowledgement reserved by God himself the Supreme Land-lord of all the Earth from Adam and all his Posterity to the end of the world when he gave them the Earth to inhabit and manure as mere Tenants at will under him He that is I AM himself Qui cepit nunquam desinet numquam being vitae essentiae interminabilis tota simul perfecta possessio in aeterno su● consummato EVER POSSESSED TITHES as well as the seventh day which he saith is HIS SABBATH SINCE THEY HAD BEING which are indeed his ab aeterno suo inch●ato In this Tithes were Gods not only at the time when he first challenged them by an expresse written Law and Reservation Levit. 27. 30 31 32 c. but long before even when Abraham paid them and before that ever since the time of the Creation that God made any thing tithable to increase out of the earth for the use of m●n The time never was that Tithes were not Gods nor shall ever be that they shall cease to be his and his Priests and Ministers in and by him by his special Donation and Institution not mans for the constant support of his continual publick worship and that by a Divine Right God in those things which are direct points of Piety and necessary appurtenances for his solemn worship such as are Tithes for his Prie●●● and Ministers competent standing maintenance in all A●●● places and weekly times for his worship never leaving men free to their own wi●ls inventions or arbitrary pleasures no more than Land-lords their Tenants or Kings their Subjects but confining them to a certainty himself by his word as well as he doth it in all parts and duties of his worship That Abraham knew this Divine Right of God to Tithes when he paid Tithes of all to Melchisede● not arbitrarily but of due right by vertue of some Divine Precept else Melchisede● had been inferiour to Levi who received Tithes from his Brethren by a Divine Law and Command Hebr. 7. 4 5 6 c. he receiving this Precept of paying Tithes by Tradition from Heber who learned it of S●m who was so taught of his Father N●ah he by succession RECEIVING IT FROM ADAM who as he was wrought and fashioned by God so was he herein taught and instruct●d by God And therefore not only amongst the Sons of God such as called rightly upon the name of th● Lord but even amongst th● Giants of the Daughters of M●n worshipping invented God● by themselves and dedicatin● their TITHES unto them as the Premises evide●c● THERE NEVER WAS NUMBER THAT DID INTRUDE UPON THE TENTH MUCH LESSE SHOULDER IT OUT OF DOORS This Number of T●● writes Philo the learned Jew that most sacred W●●●●● M●ses hath not a little commended because the best Duties of Man are by him cou●hed under that number as God TEN COMMANDEMENTS Vows Prayers First-Fruits perpetual Offerings pardoning Debts and reducing all things unto their First estate every Fiftieth year of Jubilee made up of Tenths the Fur niture of the Tabernacle with a thousand such like in the old Testament besides other things of like nature expressed under this Number of TEN in the New by which we may know that TEN IS THE NVMBER OF PERFECTION as ●ivers style it and hath near affinity with God in sacred things That from Gods own Original Reservation of TENTHS to himself and his Ministers this number became sacred and universal afterwards in all publick civil Taxes Dues reserved to Kings and Supream Magistrates For the First-born and chief of the Family from Adam till the Levitical Priesthood instituted being for the most part King as well as Priest thereof as Melchisedec who received Tithes of Abraham was Gen. 14. 18. Heb. 7. 1 2. when these two Offices came afterwards to be centred and settled in two distinct persons thereupon the antient TENTHS reserved by God and assigned to his Priests and Ministers in perpetuity for their subsistence and maintenance of his publick worship from the Creation to the end of the world by a Divine Law which no humane powers could repeal both amongst Gods own people and most Heathens Nations were appropriated to and received only by the Priests and Ministers though divested of the Royal dignity and a NEW TENTH by way of Tribute Tax Custome or Subsidy amounting commonly to the Tenth part of the people 's tithed increase and estates in all Kingdomes and Republiks was by Common consent imposed on and reserved received by Emperors Kings Princes and Supreme Magistrates from the people for their support defraying the charges of the Government and their peoples necessary defence upon all occasions Hence Tributes Taxes Customes and publick impositions were usually called TENTHS as well as Ministers Tithes both amongst Gods own people 1 Sam. 8. 15 17. amounting To the tenth of their estates and increase as also amongst the antient Romans Grecians and most other Pagan Nations of old as Mr. Mountague proves at large in his Diatribae c. 3. by sundry Authors as they were anciently and at this day so stiled both amongst the Turks Moors Spaniards Germans Italians French Danes Swedes Poles Scots Irish and most other Pagan and Christian Nations at this day especially in England as you may read at large in Rastals Abridgments of Statutes Title Taxes and Tenthes Brooks Abridgement and Ashes Tables Title Quinzime Disme Tax and Talla●e and our Parliament Records And from this number of Ten their Officers as well of State as Religion were usually stiled Decemviri Decuriones Decumani Decani Decadarchae Decatutae Decatologi Decatorii and the like our Names of Offices of Deans Tithingmen Collectors of Tenths c. proceeding from the self-same Number Sacred every way even amongst Pagan Nations both in their Duties of Piety and Policy by constant tradition they knew not why nor wherefore and likewise amongst Gods people upon the premised grounds Hence Doctor Tillesley thus concludes in his Epistle to King James before his Animadversions on Mr. Seldens History Surely the Number Tenth or Tithe is Sacred and very
being but ●ne intire Corporation or spiritual Body-Politique wherof Jesus Christ himself is the only head King Lord Law-giver High-Priest Chief Pastor Minister Advocate Saviour Foundation Corner-Stone and the successive Priests Ministers and Members thereof from the beginning to the end of the World serving worshipping adoring only one and the self-same true immutable invisible eternal Lord God according to his prescribed will and word and Jesus Christ himself the only High priest of this Church for ever receiving and God his Father prescribing Tithes for the Maintenance of his Priests and Levites both before and under the Law and no wayes abolishing but ratifying them in and by the Gospel as I have already proved There neither is nor can be any other particular kind of competent sitting standing setled Maintenance Reward or Recompence for all the Ministers of the Gospel evinced demonstrated out of Gods word which may be truly reputed moral natural divine universal perpetual and unarbitrary nor any other duly rendered from all Christians in all Ages places in Faith Conscience and sincere obedience towards God as such a maintenance but this of Tithes alon● independent on the lusts wills of men It being that which the Patriarchs no doubt by Gods prescription being paid in Faith both vowed and paid to God before the Law which God himself afterwards specially reserved prescribed and all his people duly rendered under the Law annexing many promised blessings to the true payment denouncing many threats curses to the sacrilegious Substraction or detaining of them that which Christ himself and his Apostles most specially pointed at commended ratified in the Gospel that which all Christian Kings States Magistrates Churches Christians under the Gospel in all Ages places have generally fixed upon approved asserted prescribed ●●tified a● not only sacred and divine but as such a most ●●●t w●●e equal excellent incomparable way of maintanance invented by the most wise God which cannot be matched much l●sse amended exceeded by all the policy wit o● wisedom of men being a most certain standing unva●i●ble convenient Allowance in all Ages places seasons alterations how ever things rise or fall continuing unalterable like the weekly Sabbath as to the porportion or qu●●apa●● in all vicissitudes of warre peace plenty scarcity famine and causing all Ministers to sympathize fare share alike with their people everie where be the times and seasons good or bad wet or dry plentifull or barren and giving them a competent share in all their Temporal Blessings without such toyl or labour as might interrupt them in their Ministry Studyes and furnishing them with a tenth part of every tythable Thing their respective Parishes yield for the food cloathing support of themselves Families Cattel or vendibles of somekind or other sufficient to buy what else they want This way of Maintenance therefore so sacred divine antient moral universal convenient equal unalterable and so long continuance in Gods Church in all Revolutions may not must not cannot be either totally abrogated substracted detained diminished nor changed into any other new fangled pretended more equal just certain convenient lesse troublesome Stipendiary Salary by any pragmatical Jesuitical Anabaptistical Atheistical Politicians Statists Powers or Legislators whatsoever without the highest Antichristian Pride Presumption Insolency and Exaltation of themselves above and against God himself whose special sacred Institution portion rent inheritance right and due they are particularly both by name and kind reserved prescribed by appropriated devoted to himself by his own command which all Emperors Kings Princes Potentates Powers Generals Armies Nations in the world have no Power or Jurisdiction to repeal disobey change alter no more than Tenants their Landlords antient Quitrents Services Tenures or Subjects Servants their Kings or Masters Laws Orders Mandates yea no more than they can change Gods weekly Sabbath into another different proportion of time or any other sacred Institution into a new superstitious humane Invention as learned Ke●kerman in his System Polit. l. 1. c. 21. Polanus in Ezech 48. v. 14. Dr. Carlton and Dr. Scalter in their Treatises of Tithes assert and prove at large This divine Right of Tithes even under the Gospel which I have pleaded for hath been constantly asserted in all Ages since the Apostles times till now by Fathers Councils the Laws Edicts of Christian Emperors Kings Parliaments Canonists Casuists Schoolmen Historians Lawyers Popish Protestant Divines of all sorts and Nations Dr. Richard Tillesly in his Animadversions upon Mr. Seldens History of Tithes printed London 1619. p. 3 to 30 hath colected a Catalogue of no lesse than 72. such Authorities in a Chronological method before the year of our Lord 1215. as have asserted their Ius Divinum in all Ages before that whereof Irenaeus flourishing in the year of Christ 180. is the first and the Constitutions of Fredericus the second the last where those who please may peruse them Mr. Seldens laborious History of Tithes and Review especially ch 5. 6 7 8 9. supplies us with many more Authorities of this kind in succeeding times especially with our own Domestique Laws and Councils to whom I refer the impartial Reader and to Dr. Tillesly Dr. Sclater Mr. Mountague Mr. Nettles and Sir James Semple their Animadversions on and Answers to his History If any desire further satisfaction in this point let them peruse Andr. Hispanus De Decimis Tractatus Petrus Rebuffus and Tyndarus De Decimis printed Colo. 1590 Gaspar Boetius De Deciman Tutori Hispanico JURE praestanda Grav 1565. Ignatius Laserte Molina De Decimis Venditionis Permutationis Ioan. Giffordus Moderata Dissertatio de Ratione alendi Ministros Evangelicos Hanov. 1619. Gulielmus Redoanus De Rebus Ecclesiae non aliendis Ven. 1589. De Spoliis Ecclesiae Romae 1585. Alexander Stiaticus Repet in Extrav Ambitiosae De Rebus Ecclesiae non aliendis Alph. Villagus De Rebus Ecclesiae non ritè alienatis recupe●andis Bon. 1606. a Treatise of hard digestion in these sacrilegious times Sir Henry Spelman De non temerandis Ecclesiis Dr. John Prideaux Orat. 5. De Decimis Dr. Edward Reynolds Explanation on Psal 110. v. 4. Gul. Zepperus Legum Mosaicarum Explanatio l. 4. c. 40. And learned Hugo Grotius who thus concludes in his Book De jure Belli Pacis l. 1. c. 1. ●ect 17. p. 9. deservedly magnisied by all Scholars Lawyers Politicians Souldiers and therefore I close with it to stop all their mouths at once I exvetus de Sabbato altera De Decimis monstrant Christianos obligari nec minus Septima temporis parte ad cultum divinum Nec minus fructuum Decima in alimentum eorum qui in sacris Rebus occupantur au● simil●s pios usus seponant Resolving the tenth part of mens increase at least and no smaller proportion to be as justly morally perpetually due to God and his Ministers under the Gospel from all Christians as the weekly Sabbath and seventh part of their time and no
lesse is due still by them to God and his publike worship Thus much for the divine Right of our Ministers to their Tithes omitted in the former part but here supplyed for the Readers fuller satisfaction in these Sacrilegious times which so violently and impiously decry it without Scripture Reason Antiquity Authority out of malice and design The succeeding Chapters more concern their Legal Rational Right and Equity depending on their Divine CHAPT III. HAving dispatched the two principal Propositions of greatest concernment wherein I have been larger than I at first intended to satisfie all mens Consciences and stop the mouths of all Gain-sayers I now proceed to the third Proposition That if Tithes and other maintenance by Glebes Oblations Pensions formerly setled on our Ministers be either wilfully withheld or substracted from them by the people in part or in whole the Civil Magistrates may and ought by coercive Laws Penalties to inforce the payment of them in due form and time both by the Law of God and Rules of Iustice without any Injury or Oppression to the people This Proposition necessarily follows from the former two for if there be a just competent comfortable Maintenance due to all lawfull painfull Preachers and Ministers of the Gospel even by divine Right institution expresse Precepts both of the Gospel and Law of God and that as a just Debt hire wages salary right not as a mere voluntary Gift Alms Benevolence and the setled maintenance of our Ministers by Tithes Glebes Oblations Pensions and other Duties be such as I have already demonstrated then the Civil Magistrates may and ought by coercive Laws and Penalties to enforce the payment of them in due form and time as our very Officers by such means enforce their Souldiers Parents their Children and Servants Schoolmasters their Scholars yea our Troopers their very Horses held in with Bits and Bridles when unruly and quickned with Spurs when lazy and Shepheards their very Sheep with their Dogs and hooks when there is cause to do their duties and reform their Errors without the least guilt or colour of Injury or Oppression to the wilfull obstinate or negligent detainers of them and that by the self-same Laws rules of Justice Reason Conscience as all Tith-Opponents yet grant they may enforce obstinate or negligent Tenants Creditors Masters Publick or private Accomptants Trespassers Disseisors and the like to pay their just Rents and Services to their Landlords their due Debts to their Creditors their contracted wages to their hired Labourers or menial Servants their audited Arrears to the publick Treasury or others to whom they are indebted upon Account their ascertained dammages to such as they have injured and to restore the Goods or Lands unjustly taken or detained to those they have plundered or disse●sed of them yea as justly as they may by any coercive Laws and means enforce and constrain any obstinate Perso●● o● Merchants to pay all Tenths Fifteens Subsidies Ayd● Cu●toms Tonnage Poundage for defence of the Real●●y and or sea when publickly and legally granted in and by a full free and lawfull Parliament duly summoned and elected by the people according to the manifold Laws and Statutes enacted for that purpose the want of which indubital Ingredients only how fatal they have been to Parliaments in former Ages to make them and all their Acts Iudgements Orders Ordinances mere Nullities and what a prejudice they have been to the People and Republick too those who please may read at leasure in the Statutes of 39 H. 6. c. 1. Rot. parl n. 3. 17. c. 7. And the Act for repealing the Parliament of 21 R. 2. in the Parliament o● 1 H. 4. c. 3. The reason of which Repeal is thus recorded by Mr. Oliver Saint Iohn in his Declaration in Parliament against the Shipmony Iudges Anno 1640. printed by the Commons command p. 33. That Parliament of 21 R. ● of Revocation was held by force as is declared in the Parliament Roll of 1 H. 4. n. 21 22. That it was held Viris armatis et Sagitariis immensis The Knights of Parliaments were not elected by the Commons Prout mos ●xegit Sed per Regiam voluntatem And so the Lords Rex omnes Dominos Sibi adhaerentes summonare fecit Whereupon Nu. 48. These judgements of Revocation and that of the whole Parliaments proceedings too are declared to be Erronea Iniqua et omni juri et rationi repugna●tia Erroneous wicked and contrary to all Right and Reason So Mr Saint John Numb 37. This was one grand Article of Impeachment of King Richard the 2 ● for which he was then deposed from his Government by a forced Resignation Heu licet quod eo Statuto Consuetudine Regni sui in Convocatione ●uju●libe● Parliamenti sui populus suus in singulis Comitatilus Regni DEBEA● ESSE L●BER ad eligend depu●a●d Milites pro hujusmodi Comitatibus ad interesse●d Parliamento ad exponend eorum gravamin● ad prosequend pro remediis superinde pr●u● eis videba●ur expe●ire Tamen praefa●us Rex ut in Parliamentis suis ut liberius consequi valeat suae temerariae voluntatis effectare dir●xit mandata sua frequentius Vice●omi●ibas suis ut certas Personas per ipsum Regem nominatas ut Milites Comitatus venire faciat ad Parliamenta sua Quos quidem Milites eidem Regi faventes indulgere poterat prout frequenter fecit quandoque per minas varias et terrores quandoque per munera ad consentiend illis quae Regno praejudicialia fuerant et Populo quamplumum onerosa et specialiter ad concedendum eidem Regi Subsidium ad certos Annos suum Populum nimium opprimendo Which I leave to John Canne to English for those who understand not Latin or our Laws and would strip our learned Ministers of their Tithes and setled maintenance by colour of an extraordinary call as he terms it to such an extraordinary Sacrilegious work as this Quest But what ground is there in Scripture may some demand for compelling People to pay their Tithes and other Duties to their Ministers Answ I answer 1. We have the President Law and Commandement of Godly Hezekiah recorded in the 2 ●hron 31. 4 5 6 7 8. with the good effect it wrought already recited 2ly The Examples of zealous Nehemiah and the Religious Nobles and People under him who entred into a solemn Covenant curse oath and made Ordinances to charge themselves yearly with the third part of a Shekle for the service of the House of God and that they would bring in all their First-fruits and Offerings and the Tithes of their ground unto the Levites that the same Levites might have their Tithes in all the Cities of their Tillage Neh. 9. 38 c. 10. 1. throughout specially v. 29 32 37 38 39. ch 12. 44 45. which when afterwards neglected by the people Nehemiah contended with the Rulers for their negligence in not enforcing the people to pay them whereupon this
ye not what is right in paying your just Dues and Debts to all you owe them without sute or coercion as the next words literally import When thou goest with thine adversary to the Magistrate as thou art in the way give diligence that thou mayest be delivered from him lest he bale thee to the judge and the Iudge deliver thee to the Officer and the Officer cast thee into prison Verily I say unto thee thou shalt by no means come out thence till thou hast paid the uttermost farthing or very last mite Here is a Gospel resolution of our Saviour in two Evangelists ratified with a verily I say unto thee That all those who will not pay their Ministers Tithes and Dues as well as other mens Debts may be lawfully brought and haled perforce before the Magistrate and by the Magistrate and Judge condemned in double Dammages ●ast into Prison and not suffered to come out thence till he have paid the utmost farthing not only of his detained Tithes and Dues but of his fine forfeiture and costs of sute prescribed by our Laws And let all our Swordmen and other oppugners of our coercive Laws against detainers of Ministers Tithes and Dues give our Saviour himself the Title of a Tyrant and Oppressor a Lyar if they dare and that such proceedings are not sufferable under the Gospel 4ly There is nothing so free and voluntary in the world that I know as Almes and Charity to poor distressed Saints and Christians Yet the Gospel accompts this a due Debt and all able to give them Debtors Rom. 15 27. And if any refuse to render them out of their Hard-heartedness and want of Charity the Christian Magistrates under the Gospel may not only rate and assesse them according to their Estates towards the Poors relief as they do in all Christian Republicks and Realms but by Distresses sale of Goods and other coercive wayes compel them to render them and that both by the Common law of England and the Statutes of 22 H. 8. c. 12. 27 H. 8. c. 25. 1 Edw. 6. c. 3. 5 E. 6 c 2. 7 E. 6. c. 11. 1 Phil. Mar. c. 6. 5 Eliz. c. 3. 14 Eliz. c. 3. 18 Eliz c. 3. 22 Eliz. c. 11. 23 Eliz. c. 3. 3 1 Eliz. c. 10. 35 Eliz. c. 7. 43 Eliz. c. 2. as Dalton and other Justices of Peace Tit. Poor Maimed Souldiers Therefore admit Tithes mere Alms as some would have them yet when and where detained they may be as justly levyed and recovered by coercive Laws and Statutes as Alms to the Poor and those who condemn coercive Laws for Tithes as unbeseeming the Gospel must Tax and Repeal all Laws for the Poor and for Maimed Souldiers too as such which I presume they will not do 5ly I suppose neither Canne himself who receives pay as a Chaplain to the Army out of publick Contributions from the people not from voluntary contributions of the Souldiers and all other Officers and Swordmen oppugning the coercive Maintenance of our Ministers by Tithes or otherwise will maintain even unto death that the People even against their wills and Consciences too may be enforced to pay Monthly Taxes and Excises amounting to twenty times more each year than all the Ministers Tithes in England by coercive Orders and Ordinances though not made in a full free or old English Parliament nor warranted by so many indisputable Acts of Parliament as Ministers Tithes and Dues and levyed by Imprisonments Distresses Forfeitures armed violence and free quartering of Souldiers on the people though adjudged High Treason in Straffords Case in full Parliament for which he lost his Head our Ministers therefore being real Spiritual Souldiers of Jesus Christ even by the Gospels Resolution and not to go a warfare at any time on their own free cost but upon the Peoples pay wages as due to them as any Souldiers which I have formerly proved they must by the self same reason acknowledge the levying enforcing of the payment of their less Burdensom and more legal necessarie Tithes for the defence and preservation of the very Gospel Religion Gods Glory and Mans Salvation once a year by penalties forfeitures imprisonments or distresses when obstinately detained or else disclaim their own coercive Contribution first to maintain unchristian bloodie wars between Christians of the same Religion in firm unity and amity with us which are not so necessarie or commendable amongst Christians who should live peaceably with all men not make a last Trade of war Love as Brethren Lay down their Lives one for another Yea love and pray for their Enemies not murder or destroy them and beat all their Swords into Plowshares and their spears into Pruning Hooks not lifting up Sword Nation against Nation as now they do to the peril of the Gospel reproach and slaunder and learn war no more as is the Spiritual warfare of our Ministers against the World Flesh Sin Devil and all Errors Blasphemies Corruptions for the eternal Salvation not Destruction of mens Souls and Bodies too 6ly We find it long since prophecied in the Old Testament in relation to the calling to the Gentiles by and under the Gospel Isay 49. 23. That the KINGS of the Gentiles should become Nursing-Fathers and their Queens Nursing-Mothers to the Church Isay 60. 9 10. Surely the Isles shall wait for me and the Ships of Tarshish first to bring my Sons from far their Silver and their Gold with them And the Sons of Strangers shall build up the walls and their Kings shall minister unto thee Psal 72. 10 11. The Kings of Tarshish and of the Isles shall bring Presents the Kings of Sheba and Seba shall offer Gifts yea all Kings shall down before him and then all Nations shall serve him Thus seconded in the New Testament Rev 21. 24. where it is prophecied of the Heavenly Jerusalem the Church of Christ the Kings of the Earth do bring their Glory unto it Which Prophecies concerning Kings and likewise Kings of Isles in particular and no other sorts of Governors which is observable have been most eminently verified of the Kings and Queens of this Isle and Realm of Britain beyond all the Kings Queens Regions Isles and Kingdoms in the world besides to the eternal Honour of that late rejected abjured form of Kingly Government derived from Gods own form of Kingly Government over the whole world and of Christs Royal Government over his Church both Militant and Triumphant and of this our Isle where God blessed our Church and Kingdom 1. with three such worthy Heathen Kings in Succession Arviragus Marius and Coylus who though they embraced not the Christian Faith here preached soon after our Saviours Ascension by James the Son of Ze●edee Simon Zelotes Peter Paul Aristobulus and Philips twelve Disciples wherof Joseph of Aramathaea who honourably interred our Saviour was chief yet they courteously entertained them permitted them freely to preach the Gospel to their people gave
Conquerour in the fourth year of his Reign c. 8 9. forecited To which may be added the Great Charters of King Henry the first and King John recorded in Matthew Paris ratified by King Henry the 3d. in his Magna Charta c. 11. made in the 9th year of his Reign confirmed by above 37 Acts of Parliament since in many successive Parliaments That the Church of England shall be free now in greater Bondage than ever and shall have all her whole Rights and Liberties inviolable never so much violated diminished as now notwithstanding all Oaths Laws Covenants Declarations Protestations lately and all antient Solemn Curses and Excommunications annually made against the Infringers thereof 13 E. 1. 17 E. 3. 14. 2 H. 4. c. 4. Enacting the Cistertian Monks to pay Tithes to Ministers and Evangelists notwithstanding any Buls of Exemption from the Pope which the King and Parliament declared to be void and that the Prom●vers or Executors of any such Buls shall be attainted in a Praemunire It appears by the Parliament Roll of 2 H. 4. nu 40. This Act was made upon the Petition of all the Commons which because not extant in print pertinent to the present business of Tithes and unknown to most I shall here transcribe at large May it please our most gracious Lord the King to consider That whereas time out of mind the Religions men of the Order of the Cistercians of your Realm of England have paid all manner of Tithes of their lands tenements possessions let to farm or manured and occupied by other persons besides themselves and of manner of things tithable being and growing upon the same lands tenements and possessions in the same manner as your other Lieges of the said Realm Yet so it is that of late the said Religious have purchased a Bull from our Holy Father the Pope by the which our said Holy Father hath granted to the said Religious That they shall pay no Tithes of their Lands Tenements Possessions Woods Eattel or any thing whatsoever although they are or shall be leased or farmed notwithstanding any Title of Prescription or Right acquired or which hereafter may be had or acquired to the contrary The which Pursute and Grant is apparently against the Laws and Customs of your Realm by reason that divers Compositions real and Indentures are made between many of the said Religioius and others your Lieges of the prise of such Tithes and also by reason that in divers Parishes the Tithes demanded by the said Religious by colour of the said Bull exceed the fourth part of the value of the Benefices within whose limits and bounds they are and so if the said Bull should be executed much more the late Petions against all Tithes and coercive Maintenance for Ministers c●ndescended to as well your dreadfull Majesty ●s your Lieges Patrons of the said Benefices shall receive great losses in their Advowsons of the said Benefices and the Conusance which in this behalf appertains and in all times hath belonged to your Regality shall be discussed in Court Christian against the said Laws and Customes besides pray mark the prevailing reason the Troubles and Commotions which may arise among your people by the motion and execution of such Novelties within your Realm That hereupon by assent of the Lords and Commons in this present Parliament you would be pleased to ordain that if the said religious or any other put or shall put the said Bull in execution shall be put out of your Protection by due Process made in this behalf and their goods forfeited to You lost and that as a work of Charity Which Petition being read and considered was answered in the words following It is accorded by the King and Lords in Parliament That the Order of the Cistertians shall be in the state they were before the time of the Bull purchased comprised in this Petition and that as well those of the said Order as all others Religious and Secular of what estate or condition soever they be who shall put the said Bull in execution or shall hereafter take advantage in any manner of any such Bulls already purchased or to be purchased shall have Process made against them and either of them by sommoning them within a moneth by a Writ of Premunire Facias And if they make default or shall be attainted that they shall be put out of the Kings Protection and incur the peines and forfeitures comprised in the Statute of Provisors made in the 13. year of King Richard And moreover for to eschue many probable mischiefs likely to arise in time to come that our said Lord the King shall send to our Holy Father the Pope for to repeal and annal the said Bulls purchased and to abstain to make any such Grant hereafter To which Answer the Commons well agreed and that it should be made into a Statute From which memorable Record I shall desire Iohn Canne and all his ignorant deluded Disciples who cry out against Tithes and the payment of them as Popish to observe 1. That all the Commons of England in this Parliament even in times of Popery together with the King and Lords resolve the quite contrary That the exemption of any order of men from payment of their due and accustomed Tithes is Popish and that the Pope was the first and only man who presumed by his Bulls to exempt men from payment of due and accustomed Tithes to their Ministers 2ly That Popish Friers of the Cistercian Order not Godly Saints abhorring Monkerie and Poperie were the first men who sued for procured and executed such Exemptions from the Pope and that merely out of Covetousness against the express word and Law of God as our John Salisbury de Nugis Curialium l. 7. c. 21. and our Arch-deacon of Bathe Petrus Blesensis observe who tax them for it And therefore the petitioning writing endeavouring to procure a like exemption from the payment of antient and accustomed Tithes to our Ministers must be Popish and Monkish likewise infused into our New lighted Saints by some Popish Monks and Jesuits disguised under the notion of New-lights Seekers Anabaptists c. 3ly That they declare this Bull though granted by their Holy-Father the Pope whose Authority and esteem was then very great to be against the Laws and Customs of the Realm and thereupon repeal null it for the present and provide against the grant of any such Bulls for Non-payment of Tithes for the future and make the Procurers and Executioners of them subject to a Praemunire Such a transcendent Crime and Grievance did they then adjudge it to seek or procure the least exemption from payment of Tithes from any earthly Powers yea from their very Holy Father the Pope himself then in his highest Power 4ly That they resolve the exemption from Tithes though amounting but to a fourth part in every Parish would prove a great prejudice to the King and all other Patrons in their Advowsons
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 avariti● 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 S●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 Al●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-Service● to whom and when they please which our
word and kept thy Covenant They shall or let them teach Jacob thy Judgements and Israel thy Law They shall put Incense before thee and whole burnt Sacrifice upon thine Altar Blesse O Lord his Substance and accept the Work of his ●ands Smite through the Loyns of them that rise up against him and of them that hate him that they rise not again Which I shall recommend to John Canne for his next Text when he preacheth before his Fraternity of Anabaptistical Tithe-Oppugners and Church-Robbers to all injurious Substracters of their Ministers Tithes and professed Enemies to their Calling And so much for the third Proposition CHAP. IV. I Now march to the 4th Proposition That our Ministers Tithes are really no Burthen Grievance or Oppression to the People but a just antient charge debt annuity or duty as well as their Landlords rents or Merchants poundage That the abolishing of them will be no real Ease Gain or advantage to Farmers Lessees and the poorer sort of People as is falsely pretended but only to rich Landlords and Landed-men and a loss and detriment to all others There have been divers clamorous Petitions of late against Tithes subscribed by many poor People Labourers Servants Apprentises who never were capable in their Estates to pay any not by the Nobility Gentry and Freeholders of the Nation or the generality of those whose Estates are most charged with them who repute them no Burden nor Grievance and desire their continuance as if they were the very Bonds of Wickednesse the heavy Burdens and Yoak which God himself by an extraordinary Call hath called forth some in present Power speedily to loose undo and break Isay 58. 6 7. to which they allude and much insist on when as it is most clear That this perverted Text was never once intended of Tithes which God himself imposed on his people as a just reserved Rent and Tribute due unto himself and his Ministers and adjudgeth it plain b ROBBING OF GOD to substract much more then to abolish and those who press the abolishing of Tithes from this Text may with much more colour urge it against all Landlords Rents Annuities Tonnage Poundage the antient Customs of Wool Woolfels Leather Tinne Lead which they and their Ancestors by their Tenures and our known Laws have paid time out of mind and presse those in power to expunge these Texts out of the very Gospel as Apochryphal and burdensom Mat. 22. ●1 Render to Caesar the things that are Caesars and unto God the things that are Gods a clear Gospel-Text for the payment of Tithes which are Gods own Tribute and Portion Levit. 27. 30 32. Mal. 3. 8 9 and Rom. 13. 7 Render therefore to all their Dues Tribute to whom Tribute is due Custom to whom Custom c. against both which they directly Petition as the premises demonstrate This calumny and wresting of Scripture being removed I shall thus make good the first Branch of the Proposition I have already manifested by undeniable Antiquities Laws Records That Tithes were freely given to and setled on our Church and Ministers by our pious Kings Munificence Charters Laws with the general applause and consent of all the Nobility and People upon the very first setlement of Religion in this Island many hundred years before we read of any publick Taxes for Defence of the Realm or maintenance of the Warres by Land or Sea the first whereof was Dane-gelt first imposed by common consent of the Lords in Parliament An. 983. or before the antientest yet continued Cust●me on Wool Woolfels and Skins exported first granted by Parliament in 3 E. 1. Anno Dom. 1276. at least 500. years after the first extant grant Law and setlement of Tithes in perpetuity as a Divine Duty Rent and Service for the necessary maintenance of Gods Ministers and publick Worship This most antient annual Rent Charge or Tribute unto God hath inviolably continued in all publick Changes and Revolutions of Church and State Bri●ons Saxons Danes Normans English Papists Protestants Conquerors Invadors Right Heirs and Lawfull Purchasers Intruders Disseisers Less●es of all sorts whether Publick Persons or Private maintaining consirming rendring their Tithes successively as a Divine and Sacred Quit-Rent due to God wherewith they came charged into the world till they departed out of it laying down this for a Principle of Divinity Law Equity That God alone bath given to every Man the Lands and all he holds and possesseth whereby he gains his food and living and therefore out of the Land and Trade whereby every one gets necessary supply for his body he ought to contribute a Tenth and Tribute towards the Service of God and Salvation of his Soul much better than his Body as Augustine in his 229. Sermon Tom. 10. and the Antient Saxon Canons of an uncertain time and Author resolve There was no Purchaser Heir Inheritor Farmer Tenant or Lessee of Lands in our whole Nation that paid Tithes out of it since Tithes first setled in this Kingdome but he inherited purchased took and held his Lands charged with Tithes Whence our Law-books resolve That no Lay-man can by the very Common Law of England allege any Custome or Prescription for not paying Tithes but only a Modus Decimandi in recompence of his Tithes which he may in some cases plead because grounded on some antient Contract and a valuable consideration in Lieu of Tithes Moreover as all Men took their Purchases Farmes Leases or Inheritances by Descent thus charged so this charge was universally known to all Purchasers Lesees and the full annual value of the Predial Tithes they pay out of their Lands or Leases abated them in their Purchases Rents Fines by the Venders and Lessers of purpose to defray the publick necessary annual Charge which if the Lands had been Tithe-Free had been proportionably raised to the common value of the Tithes in the Purchase Moneys Fines or Rents and will be so by every Seller of Lands and Land-lord when ever Tithes be suppressed This being a clear undeniable Truth which every rational man must subscribe to it is certain no person this day living complaining or not complaining against Tithes can in Verity Equity Justice Reason repute or call them either an unjust or oppressing Yoak Bond Burden as many Ignoramusses do without sense or reason nor any burden or charge at all to him since he had or rather hath the full annual value of them allowed him in his Purchase Fine or Rent by him that sold or leased his Lands unto him And although it be true that in such Tithes as the Earth doth not naturally produce without labour as it doth Grasse Wood Fruits viz. Corn Hops Saffron Woad and the like the Minister enjoyes the Tenth of the Husbandmans increase seed labour and costs in tillage and improvement the great Objection against Tithes as an Heavy Burthen and Oppression yet all this pretended great cost and charge except only in Cases of Improvements was altogether or
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 Lease● 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 l●●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
Learning Religion Ministers Scholars Lands Estates Tithes that they placed them in the very front of all those antient Laws Liberties Customs which they claimed enjoyed and presented to William the pretended Conqueror upon Oath in the 4th Year of his Reign who ratified them in Parliament without the least Alteration or Diminution to his eternal Honour and the great contentment of the whole Nation whose affections else he would have lost to the endangering of his new acquired Royalty as I have proved in the 2d Chapter Which our New pretended Conquerors may do well to consider And so I proceed to my concluding Assertion CHAP. V. I Am now arived at the fifth and last Proposition That the present opposition and endeavoured abolition of Tithes and all other coercive maintenance for Ministers proceed not from any real grounds of Piety or Conscience or any considerable real Inconveniences or Mischiefs arising from them but merely from base covetous carnal Hearts want of Christian Love and Charity to and professed enmity and batred against the Ministers and Ministry of the Gospel and from a Jesuitical and Anabaptistical design to subvert and ruine our Ministers Church and Religion the probable if not necessary consequence of this infernal Project if it should take effect Which would prove the eternal Shame Infamy and Ruine of our Nation not its Glory and Benefit The first part of the Proposition is sufficiently manifested by the premises wherein I have answered all Objections from pretended Grounds of Piety Conscience and surmised Inconveniences or Mischiefs made against Tithes discovering them to be mere Impostures and false Surmises and the principal Objections against them are that they are Jewish Popish And Iohn Canne in his Second Voyce from the Alehouse for surely it came from thence not from the Temple to shew his skill in Divinity most impudently asserts That payment of Tithes is a Sin two waies against the second Commandement 1. In it self as being Iewish and Superstitious giving honour to the wayes and devises of Antichrist This way of Maintenance by Tithes being a Popish Custom imposed by the Popes Authority c. 2ly As paid to an unlawfull and Antichristian Ministry c. Surely a Lyer ought to have a good Memory He confesseth p. 15. That Tithes were paid by Abraham vowed by Iacob and prescribed by God himself in the Ceremonial law Therefore neither Jewish nor Popish nor Superstitions nor a Sin against the 2d Commandement else Abraham in paying Iacob in vowing God in prescribing the Israelites in paying them should transgresse this Commandement and commit a Sin against it I would demand of this Canne how he can reconcile these his palpable Lyes and Contradictions unbecomming him who professeth himself a true Minister of the Gospel 1. How Tithes can be merely Jewish since paid by Gods direction and approbation by Abraham the Father of the Faithfull and that to Christ himself in the shape of Melchisede● and prescribed by Gods own special Precept 2ly How any thing commanded by God even when the 2d Commandement was given recorded in the same Canonical Books of Scripture with it practised by Gods special command by all his true Saints under the Law and generally in all Christian Churches under the Gospel as I have proved can possibly be a Sin against the 2d Commandement in it self and whether it be not direct Blasphemy in him thus confidently to aver it in making Gods very Commandements to fight one against another and to command one thing as a Duty in some Texts and condemn it as a Sin and damnable Superstition in another 3ly How Tithes if truly and orignally Iewish can yet be truly and originally Antichristian Popish and the Popes device many thousand years after Tithes first Institution and customary payment Till he can satisfactorily reconcile these apparent contradictory Assertions or publickly recant them if he cannot all the world must accompt him for an Antichristian Minister and Lying Impostor his Voyce the Voyce of him that reproacheth and blasphemeth both God and Men Psal 44. 16. and confess there is no ground at all in Piety or Conscience against Tithes or their payment but grounds both of Piety and Conscience for them as I have proved especially for our Godly Ministers and Preachers of the Gospel for whom I only plead whose Calling being of unquestionable Divine Institution notwithstanding all Cannes Alehouse Arguments against them not worth a Canne and to continue in the world to the very end thereof and the consummation of all things by Christs own resolution Matth. 28. 20 Ephes 4. 10 11 12 13. they may and ought by Divine and Human Laws to enjoy their Glebes and Tithes so long continued maugre all the malice power of their violent Oppugners and will do so when they and their Posterities shall not have so much as a Name or Being upon Earth or in Heaven unless they repent notwithstanding they were justly taken from Popish Fryers Abbots Priors Lordly Prelates of mere popish Antichristian Institution not Divine when their very Orders were suppressed as mere Vsurpers Encroachers of the Ministers Rights Rewards alone for their pains in preaching exercising their Ministerial Function in their respective Parishes not in Abbies Cathedrals no Parish Churches for the people to resort unto to which by the Popes Bulls they were unjustly appropriated heretofore To clear this Proposition more fully in all its branches I have observed that there are five sorts of persons of late very busie active both against our Ministers tiths and callings too The first are Souldiers The 2d Anabaptists Dippers Quakers with other late blasphemous Sectaries and Hereticks The 3d. prophane covetous Earth worms and Atheistical Wretches who say in their Hearts and sometimes boldly profess not only by their Lives but with their Tongues in this lawless Age There is no GOD. The 4th prophane ignorant cheating Prognosticators and Astronomers The 5th Jesuitos popish Priests and Romish Emissaries sent from all p●rts to ruine our Ministers and Religion For the first they are either Officers and Common Souldiers and those either such who have gained or purchased Lands since the Wars lyable to Tithes for such who have no Lands at all and so not of present Ability Capacity to pay Tithes Those who have any purchased Lands lyable to Tithes are now so fierce against them for ought I c●n discern not out of any grounds of piety or Conscience but either out of an unworthy covetous degenerous fordid disposition to ease themselves and their Heirs from this just antient Debt yea a charge of Tithes upon their New cheap Purchases and gain them as an Over-plus into their Bargains to improve their Purchases to an higher value the case of such of them who approve of our Ministers our publick Ordinances and are no Speakers Anabaptists Sectaries Or else a like avaritious Disposition mixed with and heightned by a professed Enmity Malignity against the very Persons Calling of our Ministers whom they usually revile
those who sate there before you and why not as well on Faux and the Gunpowder Traytors as those since there seems another Powder-plot in the Vault to blow them up intended by Canne and his Confederates if they fail in accomplishing this their desired work whom the Lord hath lade aside as despised broken Idols and Vessels wherein his Soul had no pleasure And why As they knew not their Generation-work which he excites them to neither were faithfull to the interest of Jesus Christ God is no respecter of Persons as men sow so they shall reap Ex ungue Leonem ex cauda Draconem You may see by these passages and his whole Pamphlet pursuing them what these malicious inhuman barbarous irreligious hypocritical Anabaptists aym at in their present violent prosecutions against Tithes even utterly to starve famish subvert extirpate our Ministers Ministry Church Worship Government and make our Land a mere Spoyl Desolation as their Predecessors did Munster and some parts of Germany whiles in their power But let Canne and his Anabaptistical Confederates remember what tragical ends their New King John with all his Princes Grandees Officers Prophets Followers came to in conclusion in Germany And what fatal ruine befell Jack Cade Iack Straw Wat Tyler Sharp and other levelling Companions who had the self-same Designs against our English Laws Lawyers Clergy Tithes Glebes as He and they have now animated thereto by the new-dipped Iesuites and other Romish Emissaries lately crept into their Anabaptistcal Fraternity to further this their Infernal Gunpowder-plot against our Church Religion Ministers Magistrates Government Laws and let them thereupon repent of desist from abominate this their Diabolical wicked Design lest they incur the self same punishments in conclusion by stirring up God and all the whole Nation against them as most accursed Rebels Traytors Instruments of Satan yea that very Antichrist and Whore of Rome they pretend they are blindly acting against whose designs in truth they are but accomplishing in the highest degree I must here observe and desire all others to take notice of three things First that in Cannes Voyce and in all other late Pamphlets Petitions of the Anabaptists wherein they seem to vent their most passionate zeal against Antichrist Babylon the Whore of Babylon their chief Instruments and Supporters I cannot find so much as one Clause or Syllable against Iesuites Popish Priests Papists Romish Emissaries or exciting the execution of any Laws or Statutes formerly made against them but the whole stream bent of them all is only against the Godly Ministers Ministry worship of the Church of England the Presbyterian Government and our present Church-worship the only Babylon Whore Antichrist they intend and fight against not the Pope and Church of Rome 2ly That they are so far from pleading against the Pope Popish Priests Iesuites and urging the execution of the good Oaths Laws made by late and former Protestant Parliaments gainst them and their Treasonable practices that they have frequently written petitioned for their Repeal Abolition as bloody Tyrannical Laws unlawfull Oaths and procured their Repeal or Suspension at least in their favour from some late and present Powers 3ly That when some consciencious pious Stationers late in their Beacons fired discovered to those then in Power The many sorts multitudes of Jesuites Popish Books printed in England within 3. years last past in defence of the Pope and Church of Rome all Popish Doctrines Ceremonies and reviling our Church Religion as Heretical desiring them to take it into their timely considerations to suppress this growing Mischief Design to corrupt the People and reduce them back to Popery ere they were aware Kiffin with other Anabaptists in the Army headed by Colonel Pride taking an Alarum thereat subscribed and printed a Book intituled The Beacons quenched penned they know best by whom not the Subscribers of it not yet inspired with the gift of all the Tongues therein contained pleading for a free Tolleration of such Popish Books printing dispersing amongst us of publick Disputes by those of that Religion traducing accusing the Presbyterians throughout that Pamphlet and those honest zealous Stationers in particular of no l●sse than a New Gunpowder-plot Mine Train then ready to be sprung to blow up those Colonel Pride and his Confederates first made and then stiled The Parliament of the Common-wealth of England and the Army too only for discovering thes● Popish Books and Trains to blow up our Religion Which Scandal as the Stationers then fully cleared by their satisfactory Reply to that impertinent Pamphlet so the Subscribers of it their Fellow-Souldiers of the Army better versed by far in Mines and Fireworks to blow up Parliaments and nearer related to old Guy Faux a Low-Country Souldier by reason of their Military profession than these Stationers and Presbyterians they thus falsly slandered have since cleared before all the World to be a malicious Calumny of which themselves only are guilty and given just cause of Jealousie Fear to all Presbyterians old Protestants and P●ritans to apprehend that they now really joyn their Forces and Heads together with those thus pleaded for to ruine our Church Religion Ministry under the Notion and Project of suppressing Tithes and of all future compulsory Maintenance for the Ministers of England whom they intend to starve and famish such is their Charity if they can but vote Tithes down before they provide any other Maintenance which Vote once passed the next will be to vote them both out of their Rectories Glebes Churches Ministry too as Cannes Voice and the Kentish Petition against Tithes root and branch sufficiently discover to all who are not wilfully blind enough to make all men now to look about them That the Dominican Franciscan and other Popish Fryer● were the first Broachers of this Opinion That L●ymen were not bound to pay Tithes to their Ministers by any Divine law or right on purpose to draw the Tithes of Ministers and Curates to themselves and exempt whatever Lands or Things were given to them from payment of Tithes I have elsewhere evidenced out of Mr. Selden and others whereupon Johannes Sarisburiensis Bishop of Chartres thus censured them Miror ut fidelium pace loquar quodnam sit ut Decimas jura aliena usurpare non erubes●unt Inquient fortè Religiosi sumus Planè Decimas solvere Religionis pars est Adding that their Exemptions from payment of Tithes did derogare constitutioni Divinae derogate from Divine institution And Petrus Blesensis Archdeacon of Bath in his 82. Epistle inveighs very much against the privileges of the Cistercian Monks exemption from payment of Tithes as injuriosa immunitas contra Dei justiciam seeing Justiciae Divinae manifestè resistit qui Ministris Ecclesiae nititur jus Decimationis auferre Which these Friers not only persisted in by substracting their own Tithes from the Ministers by colour of these Exemptions but likewise the Tithes of their other Parishioners especially such who contemning
them 3. That if our besotted Nation shall be so stupid as to admit or permit any company of persons whatsoever a sufficient Legal Power or Jurisdiction without any pretended Crime Attainder Legal Conviction or Trial by their Peers at their meer wills and arbitrary discretions to deprive all our godly Ministers throughout the Nation of their Rectories Tithes and antient Dues though ratified by the Law yea Gospel of God himself by an uninterrupted Title Prescription in their Predecessors from the very first planting of the Gospel in our Nation and more hundreds of years than the antientest Families in the Nation have enjoyed their Inheritances by more Charters of our Kings more particular Lawes Statutes of our successive Parliaments in all ages than all the Nobility Gentry Corporations Commons of the Realm are able to produce for the Rights Titles Defence of their particular Lands and Inheritances against the Rapines Intrusions Claims Seisures Confiscations Sales Alienations of any either claiming or usurping such a Power or Jurisdiction by the Sword or otherwise They will thereby both admit them and invest them in as sufficient a Legal Power and Jurisdiction without the least pretended Crime Attainder Legal Conviction or Trial by their Peers at their meer arbitrary wills and Discretions to deprive strip all the Nobility Gentry Corporations Commons of the Realm of all their Mannors Lands Inheritances Estates Chattels Privileges Franchises whatsoever being not so well fenced by the Laws of God and Men against their Rapines and Depredations as Tithes are and those who will make no conscience upon any grounds or pretences to invade the one will make no Scruple to act the other as the Histories of Jack Cade and his Complices Practices Designs at home and the Anabaptists abroad will sufficiently attest Yea it will be but just with God to engage such Arbitrary Powers to act the later to the ruine of them and their families if they shall either assist permit encourage them by their silence or cowardice to perpetrate the other to the disinheriting of the Church the ruine of their faithfull Ministers themselves and that very Religion which they pretend to profess and practice 4. That as Tithes are the fittest Maintenance for Ministers of all others as invented appointed by the very Wisdom of God himself and the best the wisest of his Saints in all ages holding the self-same proportion in relation to the Ministers and Parishioners in times of Plenty and Dearth good years or bad fair harvests or foul rising or the falling of the prices of Corn Lands and other Commodities affecting them both alike with the mercy and bounty of God in times of Plenty and the Judgments of God in times of Scarcity or unseasonable weather more easily parted with by the Country-man in kind by several small parcels as they grow due than in ready money in one or two intire sums which they are most loth to render and part from of any thing as that they most affect yea farr lesse troublesom to more convenient for our Ministers Persons families and necessary Cattel than bare stipends which must enforce them to run to Markets to buy all their Corn and other provisions both for their Houshold Horses Cattel at the dearest rates So if this Maintenance by Tithes be once abolished either before any other competent Maintenance setled in its steed lesse grievous and inconvenient than Tithes which all wise men in the world will never be able to invent much lesse to establish as things now are setled or Ministers left wholy to an arbitrary unconstrained Benevolence without any limited Proportion or means to recover it if detained as some now petition This expected proposed unconstrained Maintenance would in verity and reality signify just Nothing and be no Maintenance at all in the Petitioners own sence and intention as appears by John Cannes forecited passages and the very words of their Petitions since they refuse to pay them their very Tithes yet due by Law and never freely contributed one penny to them for their Ministry which they revile disclaim as Antichristian Wherefore if any New-fangled Politicians resolve to settle such a new Maintenance only insteed of the old for the peoples pretended Ease let them first establish settle an arbitrary Excise Custome uncoercive voluntary Impost and monthly Contribution as this on the people for Maintenance of the Army and Navy not so simply necessary as the Ministry for our real welfare without any compulsory means to recover it if not freely rendred till the next harvest come and see what a competent Maintenance that will be for the Souldiers and Seamen and provide that all Tenants for the year ensuing shall render only what Rents they please to the State their Landlords Lessees who shall have no power to distrain sue or enter upon any of them in case they deny to pay their Rents and ●rie what a certain Annual Revenue this whimsy will produce to the States and Land-Lords purses Or else give over this Jesuitical Anabaptistical devised new Maintenance for our Ministers as a Stratagem only to starve their bodies and their Peoples souls without any more Debates concerning Tithes to gratify such malicious Projectors and offend all Godly people through the Nation who deem this old way of Maintenance of Gods own Prescription farr better lesse inconvenient in all respects than this arbitrary or any other new-fangled way of these or other mens invention 5ly That although God by his divine Providence is able to support the faithfull Ministers of the Gospel though totally stripped naked of all their Glebes Tithes antient Maintenance through the unrighteousnesse or malice of ungodly men as he did the Apostles and his Ministers in all ages in times of Persecution yet let all such who have or shall have a hand in such a Sacrilegious design consider 1. That they shall be as bitter Enemies to and Persecutors of the Ministers of Christ amongst us in and by this very Project as Julian the Apostate Christian was to Gods faithfull Ministers in the primitive Times when he took away their Preferments Glebes and Church Revenues as the High Commissioners and Prelates were of late to all those godly Puritan Ministers whom they deprived of their Benefices for Non-conformity to their Ceremonies and no real Crime de●erving such an inhuman Censure depriving them of their Livelyhoods 2ly That they shall hereby draw a great Scandal upon our very Religion it self Church Nation render them odious Sacrilegious to all foreign Churches Nations gratify rejoyce the hearts of the Pope Jesuites Papists and other professed Enemies of our Religion accomplish their Designs against our Church and Ministers exceedingly sad the hearts and grieve the righteous souls of all Gods faithfull Saints amongst us of all Protestant Churches in Foreign parts and draw this just Censure on themselves 2 Pet. 2. 14 15. An heart they have exercised with covetous practices cursed Children which have forsaken the right way and are
violently take any thing from Churches he should lose his head And Alaricus the Gothish King though an Arrian when he took Rome by force of Armes and his Souldiers had taken the Sacred Vessels out of St. Peters Church there and brought them to him commanded them to carry them back again to the Church with their own hands which took them thence ut cupiditas quae depraedationis ambitu admiserat scelus devotione largissima deleret excessum as Cassiodor relates l. 12. Epist 20. Among the Friseans Laws made by their wisemen Tit. 12. De Honore Templorum this is one He who shall break a Church and take away the holy things thence let him be carried to the Sea and in the Sand which the Tide is wont to cover let his eares be slit and he be gelt and then let him be sacrisiced to the Gods whose Temples h● hath violated The Neopolitan Laws l. 1. Tit. 5. enact That whosoever shall violently break open a Church and take away any Gifts or consecrated Vessels thence shall be punished as a Capital Off●nder and lose his life Charles the Great and Lewes the Godly enacted That if any person violently took from any Church Priest or Minister any thing belonging to them and were convicted thereof or confessed the same he should have sentence of death given against him as guilty of Sacrilege and that it should be not only lawfull but commendable to prosecute and avenge this Sacrilege and Injury done to the Church Priests and Ministers as a publique Crime deserving punishment and that if any did Sacrilegiously invade or molest the Possessions and Lands of the Church he should be perpetually banished for it Capit. Caroli Ludovici l. 6. Tit. 113 125. And Tit. 305. they thus determine All things that are offered to the Lord are without all doubt consecrated to the Lord and not only the Sacrifices which by the Priests are consecrated upon the Altar to the Lord are called the Oblations of the faithfull but what things soever are offred to him by the faithfull whether in Sacrifices or in Fields Vineyards Woods Medowes Waters Water-streams Artifices Books Uten●ils Stones Buildings Vestments Wools Garments Cattel Parchments Moveables and Immoveables or whatsoever which of these things are made to the praise of God or the Supplement of the holy Church of God and his Priests and which may give ornament unto them whether they be freely offered by any one to the Lord and his Church are undoubtedly consecrated to the Lord and belong to the Priests Right And because we truly acknowledge the Lord and his Church to be one person what ever things are the Churches are Christs and whatsoever is offered to the Church either in the aforesaid things or in any other Kinds o● by promises or pledges or writings or in corporal things are offered unto Christ and what things by any devise are alienated or taken from his Church either by alienating or by wasting or invading or by diminishing or by rapine are taken from Christ And if it be Robbery to take any thing from a friend it is Sacrilege to take away alienate substract or waste any thing especially from Christ who is King of Kings and Lord of Lords For all Robbers of the Church are most apparently Sacrilegious persons and no Sacrilegious person unlesse by pure approved and publique Repentance and by satisfaction to the Church and by imposition of the Bishops hands and reconciliation according to the Canonical Sanctions shall Inherit the Kingdom of God and shall not only be secluded the Kingdom of God but likewise be shut out of the limits of the Church especially of the Church he hath ruined and shall be excommunicated thence until the foresaid Satisfaction given And the perpetrators of such wickednesses ought to have no Communion at all either with the living o● dead till after such Satisfaction given Because who ever violently takes away his Neighbours money commits Iniquity but Sacrilegious persons are not only Thèe●es but likewise Wolves and Man-stayers and Murderers of the poor and accursed damned persons before God and his Saints And if so as these two pious Emperors by their Lawes with many Protestant Writers as well as Papists resolve and all Sacrilegious Persons taking any Vessel or V●ensil out of a Church though of small value by our own Lawes too as well as theirs be Sacrilegious Persons worthy to suffer pains of death as Felons those who shall openly Sacrilegiously Rob or attempt to Rob and spoyl all the Godly painfull Ministers of our Nation of all their Tithes Rectories Glebes Churches and Church-yards too at once are doubtlesse Sacrilegious Persons in the highest degree deserving to suffer a temporal infamous death and execution better than any High-way Theeves or Robbers at Tiburn or to be eternally banished the Nation excommunicated all Christian Society and had in perpetual execration for this Sacrilegious Rapine both by God himself and all good men unlesse they repent and make full publique Restitution Satisfaction for this their detestable Sacrilege Lastly If any Officers or Souldiers pretend we are now a Conquered Nation that Conquest makes all sacred things prophane and common to the Conquerors and that Churches may be justly spoyled of their Materials Vessels Glebes Tithes in such a case for the pay and benefit of the Conquering Souldiers as some affirm Therefore they may now justly deprive our Ministers of their Tithes Glebes Rectories Churches Church-yards to pay maintain themselves and the Conquering Army yea alter change our Laws at present as they now attempt and divers of them openly professe they intend to doe I Answer 1. That the Lords and Commons the very last Parliament when they first raised the Army in their Petition to the late King sent to his Excellency the Earl of Essex to the Army and by him presented to his Majestie Sept. 24. 1642. or soon after used this expression That the prevailing Popish party with his Majestie who by many wicked Plots and Conspiracies have attempted the Alteration of the true Religion and the antient Government of the Kingdom the introducing of Popish Idolatry and Superstition into the Church and tyranny and confusion into the State and by corrupting his Councels abusing his Power and sudden and untimely dissolving of former Parliaments had often hindered the Reformation and Prevention of those Mischiefs And in prosecution of those wicked Designs had as the most Mischievous and Bloudy Designe of all drawn his Majestie to make War against his Parliament and good Subjects of this Kingdom and to lead in person an Army against them as if he intended by Conquest mark the word to establish an absolute and unlimited power over them And in their Remonstrance Nov. 2. 1642. in Reply to his Majesties Answer to their Remonstrance of May 26. 1642. they charge this as the last Doctrin and Position of the Contrivers of his Majesties Answer That the Representative body of
the whole Kingdom is a Faction of Malignant Schismatical and ambitious persons whose designes is and alwaies hath béen to alter the whole frame of Government both of Church and State and to subject both King and People to their own lawlesse arbitrary Power and Government and that they design the ruine of his Majesties Person and of Monarchy it self and consequently that they are Traytors and all the Kingdom with them for their Act is the Act of the whole Kingdom And whether their Punishment and Ruine may not also involve the whole Kingdom in conclusion and reduce it into the condition of a Conquered Nation mark the words no man can tell hut experience sheweth us as now it doth in good earnest more than ever that Successe often carries men not only beyond their Profession but also many times beyond their first Intentions For an Army Officers then professing themselves true born English men eminent Godly Saints preservers of our Nations Liberties against Regal Tyranny and Enchroachments originally raysed Commissioned by both Houses to protect our Lawes Liberties Religion Church Government Parliament Nation from an intended Conquest by the late Kings Army to establish an absolute unlimited power over us and from being reduced into the condition of a Conquered Nation after the total routing of the Kings Army Power now at last to plead to averr we are now a conquered Nation in respect of themselves and thereupon to endeavour to establish an absolute unlimited power over us by altering the whole frame of Government both in Church and State changing the body of our Lawes yea antient constitution of our Parliaments abolishing our very Ministers Rectories Tithes Dues or diverting them to pay maintain themselves yea now to act over the very self-same things which both Houses then charged upon the late beheaded King and his Malignant Popish Councel thereby verifying these his Predictions of their forementioned designs in every Punctilio then utterly disclaimed by both Houses as the Highest Scandal to them and their sincere loyal Intentions and making him a truer Prophet than their new Merlin Lilly will not be only most scandalous dishonourable to them but monstrous treacherous perfidious if insisted on or persisted in both in the Judgement of God Angels Men and their own Consciences too Wherefore I presume on second thoughts they will disclaim this Plea both in words and Actions 2ly They were all raysed waged Commissioned by the late Parliament and well-affected People not to sight against conquer or subdue themselves but to preserve them their Lawes Liberties Privileges Estates our Churches and Religion against the Common Enemies and Invaders of them Therefore they cannot stile themselves Conquerors of those Persons things they never fought against but only for unlesse they will now declare their secret intentions were ever crosse and contradictory to their open Commissions Vowes Covenants Protestations Words and printed Declarations to God and those that raised waged them for their safety and defence alone and thereby proclaim themselves the Greatest Hypocrites under heaven and therein as treacherous to their own Native Country and those who trusted them as the Mamalukes of Egypt the Pretorian Soldiers of Rome were to their Lords and Masters of Old which I hope they will disclaim 3ly It is a resolved case by the Law of Nature Nations and War it self as Grotius proves at large De Jure Belli l. 3. c. 6. sect 8 9 10 c. That things gained by Conquest in a War ought to redound not to the Officers Souldiers Generals who manage the War but to the Kingdom Nation whose servants they are and both Commission and pay them their wages as the Servants Apprentices gains redound to their Masters Cosfers not to them Qui sentit Onus sentire debet Commodum being both a Principle in the Law of Nature Reason and in our Common Law too Hence all the Roman Generals and Military Officers brought all the Silver Gold Treasures Spoyls of War into the publique Treasury putting none of it into their private purses and all the Lands Countries they gat by Conquest were the Republiques only which bore the charges of the War not the victorious Conquering Generals or Souldiers Therefore the Officers and Army being Commissioned raised only for and constantly paied by the Parliament people for the ends aforesaid never warring on their own free cost what ever Treasures Lands Powers Spoyls they have gained by their victories Conquests are of Right the Parliaments Nations Peoples only not their own Therefore the Parliament Nation people cannot must not be over-awed used reputed by them as their meer Conquered Vassals but as their Soveraign Lords and true Proprietors of all the Territories Lands Treasures Powers they have gained by their Conquests 4ly That Conquest is no just or Lawful Title was long since resolved by the greatest Conqueror ever England yet bred even our famous British Conquering King Arthur in the greatest Parliamentary Councel ever yet held within this Isle whereat were present no lesse then 12. Kings besides King Arthur and an innumerable company of Princes Dukes Nobles Prelates of the British and most other Neighbor Nations as Geoffry Monmouth Hist. Regum Brit. l. 9. c. 12 13 14 15 16 18 19 20. records All these when Lucius Procurator of the Roman Republique came to demand that antient Tribute reserved by Julius Caesar from this Isle of Britain when first Conquered by him then in arrear and threatned to levy is by force of Arms if denied Meeting together in a great Councel or Parliament specially assembled for that end resolved That the said Rent pretended to be due to the Romans from the Britons because Caesar by reason of the Britons divisions being invited hither with his forces enforced them their Countrie being then shaken with domestique troubles to submit themselves to him by force and violence could not in Justice be demanded of them because this Tribute being gained in this manner was unjustly received Nihil enim quod vi violentia acquiritur Iuste ab ullo possidetur qui violentiam intulit For nothing which is gained by force and v●olence is justly possessed by any who hath offered and done the violence Irrationabilem igitur causam praetendi● qua nos Jure sibi Tributarios esse arbitratur Therefore he pretends an Irrational cause whereby he supposeth we are of Right Tributaries unto him And because he presumes to exact from us id quod injustum est that which is unjust by the like reason let us demand a Tribute of Rome from him and he who shall prove the stronger let him carry away what he desires to have For if because Julius Caesar and other Roman Kings heretofore Conquered Britain he determines Tribute is now due unto him for this cause I now also think that Rome ought to render Tribute unto me because my Ancestors heretofore got it by Conquest Whereupon they all resolved to assist King Arthur with their Armes against this unrighteous Tribute
and Title to it by Conquest and professed they would spend their lives in the quarrel Ipsa enim mors dulcis erit dum enim in vindi●●ndo Patres nostros in tuendo libertatem nostram in ex●l●ando Regem nostrum perpessi fuerimus Wherefore Conquest now can certainly be no Just no Lawfull Plea Title for any of our Officers or Souldiers which this Greatest Conqueror and this Great Councel so long since damned as unjust and Irrational To which I shall annex the Resolution of our Noble King Henry the 2d and of all the Bishops Abbots Peers Earls Barons of England assembled in a Parliamentary General Councel of the Realm at Westminster An. 1126 to determine a Controversie between Alfonso King of Castile and Sancho King of Navarre concerning divers Castles and Territories in Spain won by War and Conquest by Sancho King of Navarre from Alfonso whiles he was a Pupil and Orphan which they both submitted to their final determination who having heard both parties unanimously resolved that these Castles and Lands should be restored to Alfonso by King Sancho with all their bounds and appurtenances quia per Bellum violenter injuste abstulisset because he had violently and unjustly taken them away by War which resolution was confirmed under the Kings Great Seal and sent unto these Kings Therefore Conquest alone can be no just no legal Saintlike Right Title to any Lands Possessions Powers violently unjustly gotten claimed by Wars by our Swordmen now after these two antient famous Parliamentary Resolutions in point even between foreign Conquering Princes much lesse then between those Native Englishmen who raised waged our Army and Officers to defend not conquer them in a meer intestine civil War 5ly William Duke of Normandy Edward the 3d Henry the 4th Edward the 4th and Henry the 7th though they all came to the Crown by the Sword and Conquest of their Competitors yet they never claimed the Crown nor Kingdom by Conquest but Title only nor esteemed the English Irish or Welch a conquered Nation nor altered our antient Government Laws Liberties Parliaments or Ministers Tithes and Maintenance but confirmed them as all our Histories manifest in their Lives and Statutes made by them in the beginning of their respective reigns attest I have formerly proved in the case of William commonly stiled the Conqueror who ratified all our Liberties Laws Customs Franchises presented to him upon Oath without the least alteration diminution or prevarication to the peoples Great content Yea King Henry the 4th as Placita Corone rot Parl. 1 H 4. n. 17. record did in the first Parliament held by him after his Conquest of Richard the 2d make this memorable Declaration to his people entred in that Roll. That he claimed the Realm and Crown of England with all their Members and Appurtenances as right heir thereto by Bloud by Descent and by the right God had given him through the ayd of his Parents and Friends for to recover the said Realm which Realm was upon the point to be undone for want of Government and abrogating of the Laws and Customs of the Realm And that it was not his will that any should think that he would by way of Conquest disinherit any one of his Heritage Franchise or other Right which he ought to have nor to out or deprive any man of that he had or should have by the good Laws or Customes of the Realm all which he confirmed by a special Act before 1 H. 4. c. 1. but only those who were against his good purpose and the common profit of the Realm and were guilty of all the evil come upon the Realm and were adjudged guilty thereof in that Parliament as Sir William Le Scroop Sir Henry Green and Sir John Bassy whose Lands only he would have by Conquest as forfeited by their Treasons Whereupon the Commons thanked the King and praysed God that he had sent them such a King and Governour Upon all which Considerations and the Resolution of learned Grotius with others quoted by him That by the very Laws of War even those who are conquered by foreign Enemies ought to enjoy by permission of the Conquerors their own Laws Liberties Magistrates Religion and a share in their Government much more in such a Civil War as ours where the Souldiers Generals can pretend no Conquest over those who raised waged them for their just defence against Conquest and Invasion of their Laws Liberties Government Magistrates Rights Privileges I hope those vaporing Officers Souldiers who have formerly cried up pleaded practised this pretended Title of Conquest amongst us and used many of their former Masters Raisers and the whole Nation more like to conquered enslaved People than their fellow Christian Brethren and Freeborn Englishmen who have paid them so well for all those Services they imployed them in will henceforth totally renounce this their false usurped Injurious Plea Title and no more persist under pretext thereof to deprive our Ministers Church Peers Parliaments Nation of their very Native Freedomes Liberties Franchises Rights Laws Government Lands Possessions which they were purposely commissioned waged and by all Sacred all Civil Obligations Trusts Oaths Vowes Protestations perpetually engaged to defend against the least violation or Innovation without their free and full consents in a due and lawfull Parliament freely elected by them not forcibly obtruded on them without their choise or privity Yea I trust they will be so just so righteous towards me so great a Sufferer by under them only for discharging my Conscience and bounden duty towards my God our Church and Native Country of England as no waies to be angry with me or Injurious towards me for this my New Gospel Plea interwoven with a Legal and Rational for the Lawfulness and Continuance of the antient setled Maintenance and Tithes of the Ministers of the Gospel and the good old Fundamental Laws and Liberties of the Nation which their present busie Endeavours to abolish alter subvert beyond yea against their Trusts Commissions Callings have necessitated me now to publish to the world to preserve our Church State Ministry from new Combustions and Impendent ruine but rather sound a Retreat from these their Heady Proceedings which I fear the Jesuites with their Confederates the Anabaptists have engaged them so deeply in to work as well their own as the publick speedy ruine both of our Church Religion State Ministry Nation and excite them to use the self-same deportment words to me who have no private design nor interest of my own or other mens in this my voluntary undertaking but only the publique Safety and Weal as enraged David did once to Abigail when she diverted him from his rash bloody resolution to destroy Nabal and his family for a Churlish Answer returned to him for his Kindness 1 Sam. 25. 32 33. Now blessed be the Lord God of Israel which sent thee this day to meet me and blessed be thy advice and blessed be thou which
Mystical and communicated only to consecrated or Sacred persons That are Gods Vicars upon earth that is Kings and Priests Decima Regis et Decima Sacerdotis who both stand in Gods place and receive this Portion as Gods upon earth From all which premises Mr. Mountague Dr. Carlton Dr. Tillesley Dr. Sclater and others conclude and let our Army Officers New Legisers and all Tithe-oppugners consider it That the Ministers of the Gospel now as well as Gods Priests heretofore have an eternal Right to Ecclesiastical Tithes by Gods own unalterable Institution and none else any Right at all unto them but they From which Right no man nor all men can deprive or debar them by any pretended Right Prescription M●dus Decimandi Custome Vsage Law Statute or appointment of any other maintenance in lieu thereof as more just equal and convenient 6. Tithes being originally due and paid to Jesus Christ himself God over all blessed for ever yea specially reserved by appropriated consecrated to our Lord God as his peculiar Holy Portion Tribute Rent Right Inheritance Homage from the sonnes of men for the constant maintenance of his publick Worship and support of his Priests and Ministers attending thereon to the end of the world Lev. ●7 30 32. Numb 18. 24 26 28 29. Mal 3. 8 9. Heb 7 2 to 10. 1 Cor. 9. 4 to 15. and thereupon being usually stiled both by Fathers Councils Popes Decretals Princes Edicts and Christian Writers in all Ages Dominica substantia Res Dominicae Dei census Dei debitum c. Non ab hominibus sed ab ipso Deo institut● qua● Deus in Signum universalis Dominii Sibi reddi praecepit suas esse Decimas asseverans c. The constant payment of them to Ministers under the Gospel is not only warranted commanded by the equity and words of the 1 2 4 5 8. Commandements of the Decalogue therefore far from being a Sin against the 2d Commandement as John Canne most absurdly and impudently asserts as if Gods Precepts were repugnant to each other but likewise expressely positively eternally prescribed by our Saviour Christ himself in this peremptory Gospel-Precept recorded by three Evangelists Matth. 22. 21. Mar. 12. 17. Luke 20. 25. RENDER therefore to CAESAR the things that are CAESARS and UNTO GOD THE THINGS THAT ARE GODS Thus seconded by the Apostle Paul Rom. 13. 7 8. RENDER THEREFORE TO ALL THEIR DUES c. Tithes as the premises evidence beyond contradiction have Gods own Image Impresse Superscription as visibly as legibly engraven on them by himself as any Tribute-money then shewed our Saviour had Caesars by the Mint-Masters yea they were Gods own antient standing constant known Tribute at that very season when Christ uttered this precept and some thousands of years before specially reserved by and duly rendered unto God and his Priests by all Gods faithfull people many hundred years before we read of any Tribute-mony paid to Caesar or any other King or Prince Upon which ground as they were then by this direct Gospel-Commandement of Christ himself enjoyned to be as constantly duly truly paid to God and his Ministers as any Tribute Tax or Customes are unto Caesar or other Higher-Powers whatsoever So they have since our Saviours daies except only in times of greatest persecution under Pagan Emperors during which some Tithes were rendered to God Ministers in some places or things of greater value as I shall prove anon been still continued and universally paid to God in his Ministers in all or most Christian Churches Realms Republicks from the first publick imbracement of the Gospel amongst them to this present and more especially in this our Realm as Mr. John Selden in his History of Tithes Doctor Tillesley Tyndarus Rebuffus with others prove at large and the Author of Respublica sive Status Regni Poloniae Lugduni Bat. 1627. p. 177. thus attest for the Church and Clergy of Poland Habent etiam Decimam omnium segitum Publico Principum ac totius Poloniae consensu Iam inde ab initio susceptae Religionis Christianae attributas aliis quibusdam Pensionibus cumulatas Habent luculentos fundos Praedia Pagos Oppida arces territoria partim priscorum ibidem Principum Regum partim privatorum munificentia adjectas as they likewise had in ours and other Christian Realms yet he afterwards subjoynes and complains as we may justly do Nunc passim in alienas Donationes ac Decimas invaditur longe majore avariciae rapacitatisque infamia quam egestatis relevatione Therefore Gods and our Ministers Tithes being by our Lord Jesus Christs own Gospel precept thus positively commanded to be constantly and duly rendered unto them as well as tribute unto Caesar no consciencious Loyal Christians but professed Atheists Antiscripturists Rebels unto God and Christ can justly or by any pretext of Conscience refuse the due constant payment of them no more than of lawfull Tributes and Taxes legally imposed on them by common consent u in free and lawfull Parliaments nor any Caesars Kings Princes Magistrates or Supreme Powers denie defraud or deprive them of their Tithes and Dues upon any pretext without impairing impeaching subverting their own Rights and Titles to those civil Tenths Tributes which they challenge and receive from the people as their due by this very Precept of our Saviour which couples Gods Dues and his Ministers together with their own the inviolable preservation whereof is the best and readiest means to secure their own Tenths and civil Dues Whereas these Princes Potentates Powers Grandees Legifers who are so sacrilegiouslie injurious as to invade impair diminish substract or abolish Gods and his Ministers Tithes Duties or divert them to pay their Souldiers or any other publike or private use will thereby but undermine their own interests and teach the people how to defraud substract deny their own antient Civil Tenths Customes Duties Taxes Rents and New Impositions Excises of all sorts by way of retaliation most of the Anabaptistical and levelling present Petitioners against Tithes and Glebes petitioning declaiming likewise against all Customes Imposts Taxes old or new as intollerable Grievances and hinderances to sree Trade and many of them asserting all civil Supreme Powers and Magistrates whatsoever as antichristian and unlaw fall as Tithes and Ministers are in their false account Lastly all Opposites to our Ministers Tithes do and must of necessity acknowledge from the Scriptures insisted on in the first Proposition and Reasons there alleged That some competent Maintenance Salary Recompence Reward or other arbitrary as they hold certain and setled as we assert belongs to the Ministers of the Gospel by a divine moral natural Right Justice and Equity as all grant a Sabbath and Government in general to be of divine Authority Institution and morally due to God Now the whole Church of God from the creatiō to this present though under various dispensations in the times of the Patriarchs Law and Gospel
effect ensued Then brought all Iudah the Tithes of the Corn and the new Wine and the Oyle unto the Treasurers c. And Nehemiah was so far from deeming this Injustice or Oppression as some now malitiously term it that he prayes Remember me O my God concerning this and wipe not out my good Deeds that I have done for the House of my God and for the offices thereof Neh. 13. 10 to 15. From which President Nicholas Hemingius a far better Divine and Scholar than John Canne and all his Associates against Tithes thus resolves in his Commentary on 1 Thess 5. 1● 1● Therefore the Godly are to be admonished That by Divine Right they owe Stipends unto the Ministers of the Church But that nothing may be here neglected to the dammage of the Ministry This care belongs to the Superious For if Kings be nursing Fathers to the Church as Isaiah admonishe●b Possunt et debent jure divino ministris Ecclesiae stipendia ordinare they may and ought by Divine Right or Gods Law to ordain Stipends to the Ministers of the Church by the example of the most godly King Hez●chiah 2 Chron. 31. That they may wholly addict themselves to the Law of God And if the people detain these Salaries and setled Dues from them they may enforce them by Fines penalties and Actions to pay them 3ly If these Examples prevail not we have the President of a zealous Heathen Prince who shall rise up in judgement against many pretended Magistrates resusing to assist complaining Ministers to recover their just Tith●s and Dues from their refractory ingrate people to wit King ●●taxerxes who making a Decree for furnishing Ezra the Priest with whatsoever he should require for the maintenance of Gods worship and House Ezra 7. ●1 c. concludes it thus v. 26. And whosoever will not do the Law of thy God and the Law of the King which confirm our Ministers Tithes and Dues Let Iudgement be executed speedily upon him whether it be unto Death or unto Banishment or to Confiscation of Goods or to Imprisonment And lest any should deem this a Tyrannical Oppressing Edict Ezra himself subjoyns in the very next words v. 27. Blessed be the Lord of our Fathers who hath put such a thing as this is in the Kings heart Which Law if now put into due execution would send Canne and most of his Confederates here packing back again to Amsterdam or some Gibbet or Prison and strip them of the Goods they have got by the warres and troubles of the time 4ly We have King Darius his Decree for repairing Gods House and furnishing the Priests there with all necessaries they required which thus concluces with a most severe penaltie against the wilfull Disobeyers of it Ezra 6. 11. Also I have made a Decree That whosoever shall alter this word Let Timber be pulled down from his House and being set up Let him be hanged thereon and his House be made a Dunghill for this How many n●w 〈◊〉 should we now have throughout England and how many new purchased Houses by those who had no●e of late would be made Dungheaps if this rigid Law were now put in ●●e Which may stop the clamorous months of such who cry out against Laws and Ordinances for Tithes prescribing more moderate penalties Object But all this is but Old Testament will many now object what can you allege for your Propositions ●●●●f out of the Gospel Answ To stop their mouths I answer 1. That the Gospel expresly commands all living under it To render to all their Dues Therefore to Ministers to whom I have proved Tithes and other setled maintenance to be a just Due and Debt to owe nothing to any Man Rom. 13. 7 8. Therefore not to Ministers But what if bold atheistical obstinate or covetous Wretches will not pay these Dues to their Ministers doth the Gospel allow Magistrates and higher Powers to compel them to it Yes in the very antecedent words v. 4 5. If t●ou do that which is evil as the defrauding denying detaining of the Ministers as well as the Magistrates or any others Due Debts and Salaries is a doing of evil prohibited by the forecited words and many other Texts elsewhere insisted on be afraid for ●e beareth not the Sword in vain as he should do might he compell none by it to their duties For he is the Minister of God even a revenger to execute wrath upon him that doth evil Wherefore ye must needs be subject in yielding to their commanding Laws and Ordinances for Tithes and Ministers Dues as well as others edged with coercive Penalties not only for wrath that is for fear of the Penalties which else fall upon you for your disobedience exasperate the Higher Powers and Civil Magistrate to execute wrath upon you but even for conscience sake which should more prevail with men than wrath and Penalties though our Tithe-detainers now are grown so atheistically impudent as to alledge conscience for not rendring them and robbing God himself of them Mal. 3. ●● as well as his Ministers 2ly The Holy Ghost by the Apostle Peter thus seconds his former precept by Paul 1 Pet. 2. 13 14. Submit your selves to every Ordinance of man for the Lords sake whether to the King as Supream or unto Governours who have made many Lawes and Ordinances for payment of our Ministers Tithes and Duties Yea but say our sturdy armed and unarmed Tithe-detainers now What if we will not do it as we are resolved notwithstanding all such Laws and Ordinances What Are you resolved to disobey and contemn Gods Gospel Laws and Ordinances as well as Mans Where is your Religion your Saintship you so much boast of Will you provoke the Lord himself to wrath are you stronger than he I presume not Therefore the Apostle subjoins That these Kings and Governours are sent by him for the Punishment of Evil doers And such are all those who detain the Ministers established Dues who are not only Theeves and Robbers of God in the Old Testaments language Mal. 3 8. but committers of Sacrilege Rom. 2. 20. Thou that abb●rrest Idols as many Tithe-oppugners pretend they do Dost thou commit Sacrilege and Church Robberie Acts 19. 37. in the New Testaments and meer Heathens Dialect who fall under the just punishment of Kings and Governours whom God will bear out in the just punishment of such evil doers or elle punish them himself in a more severe manner if the Armed sonnes of Zerviah be too hard for David and It is a fearful thing to fall into the hands of the living God who even under the Gospel is a consuming fire Heb. 12. 29. and hath proved so to many Tithe-oppugners very lately both in consuming their Houses and personal Estate as well by real fire as by inflicting Spiritual judgements on their souls 3ly Our Saviours own words recorded in the Gospel are direct in point Luke 12. 57 58 59. Mat. 5. 25. And why even of your selves judge
endowed by themselves or else went as Pilgrims to Rome then reputed famous for Her Piety Besides multitudes of the Royal Progeny who followed their examples both in their Piety Charity and Bounty to the Church And amongst others of our antient Kings King E●helwolfe gave not only the Tenth out of all his goods and Chattels but likewise of all the Lands and Houses of his whole Realm to the Church His Sonne incomparable King Alfred founder or at least Restorer and Enlarger of our famous Vniversity of Oxford though he was for the most part taken up with Warres and Military affairs by reason of the Danes invasions fighting no lesse than 52. set battels with them for the most part with glorious success yet out of an Ardent zeal to God in emulation of Zacheus he gave no lesse than half of his annual Rents and spoils of war besides in pious uses to wit for relieving the poor both at home and abroad for maintaining rewarding Scholars Ministers building schools of Learning maintaining professors of divers Arts and Sciences in them especially in Oxford and devoted no lesse than the third part of his time to wit eight hours every natural day to his sacred studies and devotions Besides the time he spent in his Military imployments Civil Government and enacting Laws of most excellent use by advise of the wisest men which have continued ever since So as Asser Menevensis in Egercituesse in his life Spelman and others give this Brief Character and Encomium of his Excellencies O Stuporem omnium aetatum Aluredum cujus dum Religionem intuemur nunquam exiisse videatur Monasterio Dum Bella Militiam nullibi versatus fuisse unquam nisi in Castris dum Scripta ejus Lucubrationes vitam trans●isse in Academia dum Regni Populique sui administrationem nihilo unquam studuisse nisi in Foro Senatu Justitiae promovendae Legibusque bonis Sanciendis Of which good Laws of his extracted out of the Old and New Testament for most part this for the due payment of Tithes and Oblations to Ministers was one cap. 38. DECIMAS Primigenia adulta tua DEO DATO O that all those Militarie victorious Commanders who boast of like victories as he obtained would imitate him in these his Vertues Bounty Liberalitic both to our Universities Scholars Ministers and promulging Edicts for the due payment of their detained Tithes and Dues and then they should be Chronicled for SAINTS INDEED as well as the forenamed Kings of which there was not one in three in former Ages as Sir Henry Spelman observes WHO DID NOT ADORN AUGMENT ENRICH THE CHURCH IN SOME THINGS even during their very wars instead of making a mere prey and spoyl of her as some late SAINTS have done to maintain the warres and enrich themselves In which Sacrilegious Rapines if any shall persevere to the utter ruine of the remaining Glebes Tithes Maintenance of all our Ministers and Churches too the prime Honour of our Nation ECCLESIA Faemina Lana as some have designed and would engage them to do to render our Religion Nation and those who shall give their Votes thereto for ever execrable Let them take heed that instead of inducing the Ministers and godly people really fearing God throughout our three Nations to forget Monarchy and be in love with their New Military Government they do not necessitate them and most others too thereby by comparing their Irreligious Church Robberies and Sacrilegious Rapines against the very Laws even of War and Conquest it self in an Enemies Country and detestable to very Heathens as Grotius proves at large to love and honour Kings and Monarchs more than ever as the only Nursing-Fathers to Gods Ministers Church People under the Gospel and to esteem others not comming in by the Door into the Sheep●●ld but climbing up by Storm some other way to be but Theeves and Robbers who come not but to Steal Kill and to Destroy whatever the Bounty Piety and M●nisicence of these and other our Kings have built and setled on the Clergy for Gods Honour and maintenance of his worship and thereby engage them so to act speak and peremptorily resolve as all the Israelites and Godly Levites Priests People twice did in a like case 2 Chron. 11 13 14 15 16 17. 1 Sam. ● 3 5 19 20. If any here object these Kings and Queens were more Popish Superstitious than really Religious Admit they were ●n some things as too much doting upon Monkery not Monarchy or worldly wealth or Power which some condemn in others when most guilty of and applauding it in themselves yet their very Bounty and profuse munificent Building Monasteries and Nunneries whereof King Edgar alone built no less than 47. endowed them with large Revenues and intended to make them up 50. had he lived besides what they bestowed in building adorning endowing maintaining all Cathedral and Parish Churches and Chapels for the support and honour of their superstitious Religion should eternally shame all those pretended Saints who will be at no cost at all to maintain and propagate what they now call the True Religion and the faithfull Ministers of the Gospel but instead thereof will by mere Force and Rapine against all Rules of Law Justice Piety Equity and war it self plunder if they can the remaining Materials and Fabricks of our Churches which those Kings or their Successors and other antient Benefactors built for Gods Honour and the small surviving Lands Rectories Glebes Tithes Pensions Dues which our Ministers yet enjoy by their sole Bounty Piety Gift Laws without any real charge injurie oppression or obligation to any Mortals now surviving them But to take off the stain of Popery wholly from our Kings which was no disparagement to their commendable Charity and Bounty Consider in the sixth place that God hath honoured us with the first Christian King in the Universe Henry the 8th who durst not only question but by Publick Laws and Statutes abolish and renounce the Popish usurped Antichristian Power and with it all Popish Shavelings Abbots Priors Monks Nunnes and many Popish Doctrines Ceremonies and restored the People to the use of the Holy Scriptures in their own Native Language Whose example encouraged other Kings Princes Churches to do the like Who though he seised upon Abby Lands as given to mere Superstitious Persons Orders Vses repugnant to Gods word and the Popes mere Creatures and Supporters yet he continued the Lands Glebes Tithes and Maintenance of the Bishops and other Ministers and augmented i● and our Vniversities Revenues also out of the Abbies Spoyles which yet could not exempt him from the publick censure of some Protestants for selling or rteaining most of their Lands and Impropriations for his own use which say they he should have rather converted to other lawfull sacred uses according to the will of the first Donors And Mr. Purchas writes That the Monks unrighteous coveting and the Popes appropriating
of the Tithes of some Thousands of our best Benefices unto Abbies and Monasteries and robbing the Ministers of them to whom only they were given by God himself and the first Donors for their Maintenance to the great prejudice both of the Ministers and People was one principal cause that by a Divine Judgement and Providence beyond all mens expectation the Pope and they were both suppressed together on a suddain even by him who not long before had justified his usurped Supremacy against Luther and for which he had received this ominous Title from the Pope DEFENDER OF THE FAITH God grant our New Defenders of the Faith do not as ill ●● quite those Persons Powers who first commissioned them with their Arms to defend our Faith Church Religion against Iesuites Papists and their Confederates in the Field as King Henry did the Pope after this new Mo●●o 7ly That ou● God blessed honoured us with the first incomparable Protestant King in the world no Papist but a REAL SAINT beyond any of his years in this or former Ages even young KING EDWARD THE SIXT the first King I read of who by publick Laws and Statutes suppressed banished all Popish Pictures Ceremonies Superstitious Monuments Practices Abuses throughout his Dominions and established the true worship Service Sacraments Ministers and Ministry and Gospel of Christ throughout his Dominions for which all Ages shall call him blessed no waies embesselling or diminishing the Churches Glebes Tithes or Revenues and enacting a New excellent Law for Tithes recovery when detained But God taking him suddenly from hence to a better Kingdom and his Successor Queen Mary defacing deforming his blessed Reformation and restoring both the Pope and Popery again almost to its former height except in point of Monkery which the defacing of the Monasteries prevented 8ly God then blessed our Church and Kingdom with an unparallel'd Protestant Princesse Queen Elizabeth a Nursing Mother to the Church who demolished the whole Body of Popery with the Popes revived usurpations again by publick Acts established the reformed Religion again in greater beauty and purity than at first banishing all Jesuites and Seminary Priests as Traytors restored the exiled Ministers of the Gospel suffering for Religion rewarding them with the rechest Bishopricks and Church-Preferments and planting a faithfull painfull preaching Ministry by degrees in most dark corners of her Dominions endowed them with a setled competent maintenance which our subsequent Protestant Kings continued to them and their Successors without diminution All which considered we of this Isle may with much thankfulnesse to God and honour to our Princes without flattery averr before all the world That the forecited Prophecies of Kings being Nursing Fathers and Queens Nursing-Mothers to the Church and specially Kings and Queens of this Isle have been more really accomplished in the Kings and Queens of this our Island than in the Kings and Queens of any other Isle Kingdom or Nation whatsoever throughout the world and God grant that those who shall succeed them in any other New modelled-form of Government may not prove such Step-Fathers and Step-Mothers to our Churches and Ministers as to demolish the one and strip the other quite naked of all that former Livelihood and remaining small Revenues which they yet enjoy by our Princes Grants Gists Charters Laws and Favours only and thereby give all Godly Ministers and people too in our Nation just cause to cry out with wringed hands weeping eyes and bleeding hearts in the Prophets words Hosea 10. 3 4. For now they shall say We have no King because we feared not the Lord What then should a King do to us or amongst us They have spoken words Swearing falsely in making a Covenant Thus Iudgement springeth up as Hemlock one of the deadliest Poysons to destroy men in the fields Or else to speak in Solomons language to the same effect Prov. 28. 2. For the transgression of a Land many are the Princes thereof as our Land had never so many Transgressions and Princes too as now But by a Man of Vnderstanding and Knowledge and where is such a one to be found to stand up in a Gap the state thereof shall be prolonged Now the Lord raise up such a Man or Men lest God say to our Nation and all Grandees in Power as he did once to the prophane wicked Prince of Israel whose day was come Ezech. 21. 25 26 27. Remove the Diadem and take off the Crown this shall not be the same Exalt him that is Low and abase him that is High I will overturn overturn overturn Church State Laws and it shall be no more untill he come whose Right it is and I will give it him To prevent these treble fatal over-turnings with the wiping and turning of our Jerusalem UPSIDE DOWN like a Dish a certain Fore-runner of a Churches Nations ruine 2 Kings 21. 13. Psal 146. 9. I shall now in the last place present the whole Nation with a brief Catalogue of those manifold Laws Statutes which our Kings have successively made in their Great Councils and Parliaments almost from the very first establishment of Religion in our Island for the due payment of Ministers Tithes by coercive Means Forfeitures Penalties in case of willfull detaining or neglect in paying all or any part of them at the times appointed which those who please may peruse in C●ronicon Johannis Brompton Mr. Lambards Archai●n Sir Henry Spelmans Councils Mr. Fox his Acts and Monuments John Bridges his Defence of the Government of the Church of England Book 16. p. 1350. Our Statutes at large and Mr. Rastals Abridgement of Statutes Title Tithes which Laws being well known to most learned men are therefore needlesse fully to transcribe The first of them is the forecited Law Decree of the Council of Calcuth under King Oswald and O●●a An. 787. of famous King Alfred Anno 787. of King Alfred and Gutburn the Dane cap. 9. De Decimis Deo Debi●u about the year 890. of King Edward the elder and Gutburn Anno 905. or 906. as some Cap. 6. in some c. 9. DE DECIMIS ET CENSU ECCLISLE RETENTIS of King Aethelstan made in the famous Council of Gratelean An 928. cap. 1. DE DECIMIS REDDENDIS tam ex Animalibus quam de fructibus terrae which this King himself duly paid and then enjoyned all his great Officers and People duly to render of King Edmond An. 944. c. 2. concluding Qui non solverit ANATHEMA ESTO Of famous King Edgar Anno 967. c. 3. DE DECIMIS Canon 54. of the Kings and Presbyters of Northumberlana made a little after that time Lex 51. of King Aet●elred An. 1012. c. 1 4. of King Knute the Dane An. 1032. c. 8. but 15. in some Copies De Decimis reddendis c. 11 17. and a Statute law against obstinate Detainers of Tithes there stiled JURA ET DEBITIONES DIVINAE of King Edward the Confessor about the year 1060. confirmed verbatim by William the
to the Lessors and Farmers of Tithes to the incumbents and people and that the moving of such Novelties might occasion great Troubles and Commotions within the Realm And will not then the abolishing of all Tithes in every Parish to the prejudice of the Patrons Ministers yea and people too as I shall prove anon the scandal of most godly men undoing of thousands of families and confounding all Parishes and order in them now much more do it in these dangerous generally discontented times instead of setling Unity Amity Peace and propagating the Gospel as some pretend Let those whom it most concerns consider it at their leisure lest they repent too late The next printed Statute for the payment of Tithes is 27 H. 8. c. 20. which in the preface gives this true Character of and fixeth this brand of infamy upon Tithe detainers Forasmuch as many evil disposed Persons such are they justly branded for by this Act of Parliament have attempted to withhold their Tenths as well predial as personal and have also contemned and disobeyed the Decrees of Ecclesiastical Courts of this Realm c. Therefore it enacts the Civil Magistrate and Justices shall imprison such till they pay their Tithes After which followes a special Statute for payment of Tithes in London 27 H. 8. c. 21. confirmed enlarged by a Statute and Decree too 37 H. 8 c. 7. thus prefaced as if purposely penned for these times Whereas divers and many persons inhabiting in sundry Counties and Places of this Realm and other the Kings Dominions not regarding their duties to Almighty God or to the King our Soveraign Lord but in some years past more contemptuously and commonly Presuming to infringe the good and wholsome Lawes of this Realm and Gracious Commandments of our said Soveraign Lord than in times past have been seen or known have not letted to substract and with-draw the lawfull and accustomed Tithes of Corn Hay Pasturage and other sort of Tithes and Oblations commonly due c. After which it provides a remedy by coercive means against the detainers refusers of Ministers Tithes The last and fullest Statute for payment of Tithes of all sorts and setting one Predial Tithes truly justly and without fraud or guile as hath of right been yielded and paid made not by Papists but our most religious first Protestant Parliament and King upon the beginning of Reformation and when Popery was ejected is 2 E. 6. c. 13. intituled AN ACT FOR THE TRUE PAYMENT OF TITHES under pain of forfeiting the treble value c. recoverable by an ACTION OF DEBT c. at the Common law What judgements have been given upon these Statutes in our Kings Courts from time to time you may read in Brook Fitzherbert and the Year-books in Ashes Tables Title DISMES and in Sir Edward Cooks 2 Institutes p. 639 to 662. To these I might subjoyn the late Ordinances of the last Parliament of 17 Caroli concerning Tithes and Augmentations of Ministers Livings like to end not only in the Diminution but total Annihilation and Substraction both of their Augmentations antient Glebes Tithes Dues The Constitutions of our Clergy in their Convocations under our Kings recorded in Lindwood John de Aton Willielmus de Burgo and others prescribing the due payment of Tithes under pain of Excommunication and other Ecclesiastical censures as likewise the Resolution of our Judges concerning the Right of Tithes and that no Lay-man by our Laws can prescribe to be exempled from payment of Tithes or lay any original claim unto them with the Laws of forein Kingdoms as well Civil as Ecclesiastical for the due payment of Tithes whereof you may find store in Fredericus Lindebrogus Codex Legum Antiquarum p. 674 675 703 c. Capitularia Caroli Magni Ludovici in Brochellus Decret Ecclesiae Gallicanae l. 6. tit 8. De Decimis in Binius Surius and others in their Collections of Councils But for brevity sake I shall cite only the Constitution of the Emperour Frederick for the payment of Tithes in the Kingdom of Sicilia which is short and very pertinent Constitutionum Sicularum l. 1. tit 7. Lex 1. which runs thus Quamò caeteris terrae Principibus munifica dextra Salvatoris in Temporalibus Nos praefecit tantò saltem Iuris naturalis instinctu ad antedicta strictius obligamur cum etiam veritate dicente cui amplius creditur amplius exigatur Quod in nostrae mentis intrinseca meditatione solicita revolventes illud etiam attendentes ☜ Quod divino Decimarum quarum Debitum ex utriusque Testamenti Tabulis confirmatur Let all Tith-Oppugners observe it tan●i in Ecclesia Dei petidatior redditur quan●ò Decimalis obligatio de bonis hominum A DAMNO REPUTATUR Officialibus nostris universis singulis praesentis Legis auctoritato Mandamus ut DECIMAS INTEGRAS prout Regis Gulielmi tempore praedecessoris nostri vel ab Antecessoribus Officialibus Bavilis exolutae fuerint locorum Praelatis exolvere absque omni difficultate procurent Nos enim qui favente Domino inter homines sumus in praeeminenti culmine constituti quantum sine injuria Regalium possumus tollerare ECCLESIARUM JURA praesertim earum quae in Regno consistunt Quas sub Protectione nostra accepimus et habemus in nullo diminuere volumus sed augere Subjectis etiam nostris indicimus ut Decimas quas de bladis et donis suis Antecessores eorum praedicti Regis Gulielni tempore praestituerunt vener abilibus locis Quibus Decimae istae debentur cum integritate persolvant To which I shall only adde That Stephen King of Hungaria under whom that Kingdom was first totally converted to the Christian Faith as he built and endowed many magnificent Churches for Gods worship at his own cost so he enacted this good Law for the payment of Tithes That he who refused to pay his Tithes should forfeit the 9. parts to the Minister and he who should steal the Tithes should be reputed a Thief Si cui Deus Decem dederit in Anno DECIMAM DEO DET Et si quis Decimam suam abscondit NOVEM SOLVAT Et si quis DECIMATIONEM Episcopo separatam furatus suerit DIJUDICETUR UT FUR ac hujusmodi compositio tota pertineat ad Episcopum And. c. 1. De Statu Ecclesiastico veneratione Domus Dei He enacted this good Law against the Invasion and Alienation of the Churches possessions about the year of Christ 1000. Quisquis fastu superbiae elatus Domum Dei ducit contemptibilem possessiones Deo consecratas atque ad honorem Dei sub Regia immunitatis defensione constitutas inhoneste tractarit vel infringere praesumpserit Quasi invasor et violator Domus Dei excommunicetur Decet enim ut indignationem ipsius Dom. Regis sentiat cujus benevolentiae contemptor constitutionis praevaricator existit Nihilominus tamen Rex suae concessionis immunitatem ab hominibus ditioni suae subjectis illaesam conservari praecipiat
assensum vero non praebeat improvide affirmantibus non debere esse res Dominic●s id est Domino Dominantium traditas Itaque sub defensione Regis sit et sicuti suae propriae haereditati magisque advertat Quia quantò Deus excellentior est hominibus tanto praestantior est Divina causa mortalium possessione Quocirca decipitur quisquis plus in propriis quam in Dominicis rebus gloriatur Quarum Defensor et Custos divinitatis Constitutiones diligenti cura non solum eas servare sed etiam multiplicare debet Si quis igitur insanus importunitate illa quae diximus praestantior a quàm sua defendere oportet augmentare Si quis igitur insanus importunitate improbitateque sua Regem a recto proposito pervertere tentaverit nullisque remediis mitigari posse visus fuerit licet obsequiis aliquibus transitoriis sit necessarius abscindendus ab eo projiciendusque est juxta illud Evangelium Si pes manus aut occulus tuus scandilizat●te erue eum projice abs●te Since then Christian Emperors Kings Princes in Forein parts and our own Kings and Parliaments in and by all the forecited Laws and Statutes yet in force have established Tithes and other Duties on our Clergy and Ministers of the Gospel and thus publickly branded the negligent or wilfull detainers sustractors of this just Debt and Duty prescribed by our Laws with Warrant from the Old and New Testament for evil disposed persons not regarding their duty to Almighty God which therefore none who claim their Power from or for God should now regard or countenance in the least degree enforcing them by actions at Law Imprisonment payment of treble Dammages excommunications and the like coercive wayes to render to them Tithes at last to their loss Why Christian Magistrates should not still enforce the obstinate detainers of Ministers Tithes and defrauders of them in their just Dues and merited rewards for their Ministery as hath been formerly practised in all ages and places too Let all Anti-tithers who would be Lawless as well as Titheless and Godless resolve me when they can and if they deem themselves above all humane Laws and Penalties so long as they wear their swords by their sides for defrauding our Ministers of their lawfull Tithes and Dues let them then chew the cudd upon this Evangelical Precept backed with the strongest coercive power both in Heaven and Earth 1 Thes 4. 6. Let no man go beyond or defraud his brother much less then his Minister in any thing therefore not in Tithes due by Divine and humane Right mark the reason Because that the Lord is the avenger of all such things as we have forewarned and testified And what vengeance God will take of such who defraud their Brethen and Ministers of their debts and necessitate them to sue them at the Law to recover their Rights he resolves in the 1 Cor. 6 7 to 11. Now therefore there is utterly a fault among you because you go to Law to wit before Heathen Judges or without just cause one with another the greatest if not only fault being in the Defrauder and Detainer why do ye not rather take wrong why do ye not rather suffer your selves to be defrauded Nay why do you wrong and defraud and that your Brethren and which is more rob your Ministers yea but what harm or punishment will follow on it Mark it O all ye Saint-seeming Hypocrites who are guilty of it Know ye not That the unrighteous who thus wrong and defraud their Brethren and Ministers which is worse shall not inherit the Kingdom of God Be not deceived neither Theeves nor covetous and such are all those who rob and defraud their Ministers of their Tithes and Duties shall not inherit the Kingdom of God no more than Fornicators Idolaters c. with whom they are here coupled Let all those then who are guilty of this damning sin which disinherits them of Gods Kingdom now seriously repent and reform it with all such who have abetted or confederated with them herein that so I may adde with the Apostle in the next words And such were some nay all of you but ye are washed but ye are sanctified but ye are justified in the name of our Lord Jesus and by the Spirit of our God And now to cloze up this Chapter I shall desire all Anti-Tithers who have already in their heady Resolutions resolved to abolish not only all our Ministers Tithes and antient Dues established by the Lord himself in the Old and New Testament with all the forecited Laws Statutes Ordinances for the true and due payment of them but all other coercive maintenance for their future subsistence if not their very Rectories Glebes and Fabricks of our Churches devoted for a prey by divers sadly and seriously to consider these ensuing particulars 1. That herein they shall shew themselves not only worse by thousands of Degrees than our forementioned Kings and Queens who built and endowed our Churches with Glebes Tithes and a liberal Maintenance and worse than the most of all their Ancestors Protestants or Papists who have hitherto continued confirmed established them by successive Laws but even worse than the worst of Turks and Insidels who alwaies heretofore and at this very day have and do allow their Mahometan and Pagan Idolatrous Priests in all places a liberal competent setled Salarie and erect magnificent Temples to Mahomet and their Idols exceeding most of our fairest Christian Churches both for beauty and number as you may read at large in Pulchas Pilgrimage Alexander ab Alexandro Hospinian De Origine Templorum and others And to give you one instance for all There are no lesse than 700 Moschees or Saracinical Temples in Fesse a Mahometan City in Barbary the chief whereof is Carven being a full mile and an half in compasse It hath 31 Gates great and high the Roof is 150 yards long and 80 broad the Steeple very high the Ornaments rich and stately Round about it are divers Porches containing 40 yards in length and 30. in breadth About the Walls are Pulpits of divers sorts wherein the Masters and Priests of their Law read to the People such things as they think pertain to their Salvation The Revenue of this Temple alone Anno 1526. was no lesse than 200. Duckets a day of old rents The chief Church in Morocco is bigger though not altogether so fair as that of Fesse and hath a Tower so high that the Hills of Azafi being 120. miles distance may be seen from thence as Leo Purchas and Heylin write These Temples and others are adorned with marble Pillars and curious Mosaicks carved works of all sorts Their Priests and Readers of the Law have a liberal Stipen● with Books and lands likewise allowed them and are had in very high estimation and Reverence both with their Kings Magistrates People the Califfs there receiving likewise the tenth Measure of Corn yearly from the People
are given thus to the Stranger Fatherless Widow at Alms therefore to the Levites likewise here coupled with them This doubtless was the true ground that Tithes were reputed mere Alms by some and not a Divine Right peculiar to Ministers To disperse these Mists of Error First take notice That neither these nor any other Texts in Scripture stile Tithes Almes much lesse pure Almes which men may give or retain at their pleasures 2ly That they expressely resolve the contrarie that they are no Alms at all in the objected sense but a most certain positive commanded Debt and Dutie no waies arbitrarie in the least degree For 1. By express positive Laws and Commandments of God oft repeated all the particulars of this Dutie are defined 1. The Quota pars or quantitie All the Tithe of thine Encrease the same year 2ly The time of it every third year which is the year of Tithing at the end of three years 3ly The place of Stowage Thou shalt lay it up within thy gates 4ly The persons who must receive it The Levite Stranger Fatherless Widow 5ly The place of their receiving it Within thy gates 6ly The manner of receiing it They shall come and eat thereof and be filled Secondly which is most considerable the Owners and Tithe-payers had no disposing power over it for their own uses upon any occasion or necessitie For 1. They must bring all of it out of their Houses as an hallowed thing 2ly They must make a solemn Protestation before the Lord that they had given it all to the Levite Stranger Fatherless Widow and that not of their own free voluntarie bountie but as a bounden debt and dutie according to all Gods Commandments which he had commanded them 2ly That they had neither wilfully transgressed nor negligentlie forgotten his Commandments herein 3. That they had neither eaten thereof in their mourning in times of want and distress neither had they taken away ought thereof for any unclean use c. but have hearkened to the voice of the Lord their God and done according to all that he commanded them The reason of which Protestation was because God committed the custodie and dispencing of these three years Tithes to the Owners themselves who might be apt to purloin and pervert part of them to their own private uses I appeal now to all mens consciences whether these very Texts do not unanswerably prove Tithes to be no Alms or arbitrary Benevolence at all but a most precise positive certain Debt and Duty most punctually limitted in each particular and whether that we now usually call Alms to the Poor be not a Debt and Duty as Rom. 15. 27. with other Texts resolve it not a meer Freewill Gift which we may neglect or dispence with as we please Having cleared the Text as to Alms I shall next vindicate them from the other mistakes concerning the time of Tithing and Persons receiving Tithes For which end we must know that the Jews had four sorts of Tithes as the Scriptures and Marglnal Authors prove besides their First fruits amounting to any proportion from the 40th to the 60th pars amongst the Pharisees who exceeded others in bounty 1. Such Tithes as every of the Laity in ●●●●y Tribe of Israel who had any comings in or increase at all paid unto the Levites out of their Annual increase that was eatable or usefull for them as a sacred inheritance possession and reward for their service at the Tabernacle being the full Tenth part of their increase after the first fruits deducted which Tithes they received in kinde at their respective Cities and places of abode and if any Tithe-payer would redeem or compound for them he was to adde a fifth part more than they were valued at because the Levites should not be cheated by any undervalues and those who redeemed them did it only for their own advantage for the most part not the Levites and then they should pay for it These are the Tithes prescribed Levit. 27. 30 31 32 33. Numb 18. 20 to 32. Which the Levites and their Households were to eat in every place where they resided as their peculiar Portion and Inheritance Wherein the Stranger Fatherless and Widow had no share neither were they brought up to Jerusalem nor put into any common Treasurie and paid constantly every year And these are the Tithes which our Ministers now challenge and receive by a Divine Right as their standing inheritance and the Churches Patrimonie and the Tithes intended Heb. 7. 2 5 8 9. 2ly Such Tithes as the Levites paid to all the Priests as most affirm Or to the High Priest only as Lyra Tostatus and some other Popish Authors assert to justifie the Popes Right to Tenths which he challengeth and receiveth for the rest of the Popish Clergie in all places for their better maintenance and support besides their First-fruits fees of Sacrifices Oblations and other Duties being the full tenth part of the Tithes they receive from the people due to the whole body of the Tribe of Levi Numb 18. 20. to 31. 3ly A second Tenth which the Lay Israelites were obliged by God to pay every year out of their nine parts remaining after separation of the first Tenth here mentioned and this was likewise of all their annual increase of Corn Wine Oil Cattel Sheep Honey and things eatable This Tithe was by Gods special appointment to be carried up to the place which God should chuse and to Jerusalem in kinde by the places that were near and the full value thereof in money by places more remote Which Tithes and money were designed for the maintenance of their publick solemn standing Feasts every year wherein the Owners Priests Levites and all the people feasted together before the Lord. The residue was laid up in Storehouses Treasuries and Chambers together with the First-fruits and Offerings for the maintenance of the Priests and Levites dwelling in Jerusalem having no abiding elsewhere in the Countrey and for those who came up thither in their Courses and served in and about the Temple of which some selected Priests and Levites who were faithfull had the Oversight and Distribution not any Lay Treasurers Officers or Sequestrators who would be singering all our Ministers Tithes now and reduce them to a publick Treasurie to fill their private purses with them These are the Tithes commanded specified and principally intended Deut. 12. 6 7 8 11 12 17 18 19. c. 14. 22 to 28. 2 Chron. 31. 6 to 16. Neh. 10. 37 38 39. c. 12. 44. c. 13. 9 to 14. Mal. 3. 10. Which Tithes were abolished with the Jewish Feasts and Temple Yet the shadow and footsteps of them continued many years after in the primitive Christians Love-Feasts as Mr. Mountague proves at large 4ly The fourth sort of Tithes which the lay Israelites paid was that for the Levite Stranger Fatherless and Widow payable only every third year out of all that years increase after the separation of the forementioned Tithes for the
Grandy late Army-Purchasors of Kings Queens Princes Bishops Deans and Chapters Lands with other Opposers of Tithes may do well to consider for their own Advantage and Security their Titles to them being very puny crazy disputable in comparison of our Ministers to their Tithes Now whereas Thomas Walsingham Randal Higden a Monk of Chester in his Polichronicon and Henry Abbot of Leycester write that the general Council of Lyons in France under Pope Gregory the tenth An. 1274. Decreed what others ignorantly attribute to the Council of Lateran aforesaid An. 1215. V● nulli homini deinceps licea● decimas suas ad libitum ut antea liceat assignare sed matrici ecclesiae omnes decimas persolverent Which seems to imply that before this Council every man might give his Tithes from the Mother Church to whom he pleased notwithstanding the Council of Lateran and Innocents Decrees I answer 1. That there was no such Canon made in this Council as these ignorant Monks mistake which is undeniable by the Acts and Canons of this Council printed at large in Binius Surius and other Collectors of Councils but only one Canon against Clergy-mens alienation of the Revenues of the Church and another against the Vsurpation of the Churches Revenues by Patrons in time of their vacancy which have no affinity with that they mention which if true then that which Canne and others object that the Council of Later an made this Inhibition and took away this Liberty of disposing Tithes at pleasure from the Parishioners is false as I have proved it Secondly That from this mistake of these Monks it was as Mr. Selden probably conjectures that William Thorp ignorantly affirmed that one Pope Gregory the tenth first ordained new Tithes first to be given to Priests now in the new Law John Canne to manifest his great Ignorance both in History and Chronologie in his Second Voice from the Temple p. 13 14. Writes thus Before the Council of Lateran which was under Innocent the third any man might have paid his Tithes to any Ecelesiastical person he pleased but by that Council it was decreed That Tithes should be paid to the Parochial Priest which I have proved a grosse Forgerie and then he addes William Thorp saith That Pope Gregory the tenth was the first that ordained Tithes to be paid to Priests in the year 1211. Fox p. 494. Wherein 1. He mis-recites Thorps words who speaks not of Tithes in general but only of New Tithes not antiently paid by the Jews nor prescribed to them by God And is this square dealing 2ly He subjoyns the time which Thorp and Master Fox do not referring this Decree of Gregory the tenth to the year 1211. which was four years before the Council of Lateran by his own Confession and falls within the Popedom of ●nnocent the third and is no less than 63. years before the Council of Lyons under Gregory the Xth. and his Papacy there being no less than seven Popes intervening between this Innocent and Gregory as Platina Onuphrius in their Histories of Popes lives and Binius Spondanus Oxenetius Matthew Westminster the Centuries of Magdenburg Mr. Fox himself and Heylin affirm And most certain it is that neither this Pope Gregory nor the Council of Lyons under him nor of Lateran under Innocent made any such Decrees concerning Tithes as Canne here boldly asserts and with these two Forgeries he most impudently concludes The payment of Tithes is Popish nothing more certain when as nothing is more false or fabulous and so within the 2d Article of the Covenant of the two Nations nothing more untrue both in the intentions and explanations of the Makers and Takers of that Covenant as their several Ordinances for Tithes both before and after it demonstrate which many have sworn not he nor his Confederates or else perjured with a Witness if they have done it in every clause thereof to endeavour the extirpation of Superstition and all kind of Popery therefore of all Monkish Popish Substractions of and exemptions from payment of Tithes to their Parochial Ministers fore-recited invented granted by Popes and real Popery And therefore as it is a case of Conscience for those who have taken the Covenant to pay Tithes not for any man whatsoever especially Covenanters to retain them so men ought to be carefull either how they press it or practise it So this Father of Lyes and Forgeries concludes against all Truth and Conscience and dares aver to those he stiles let himself determine QUO JURE The Supream Authority of the Nation The Parliament of the Common-wealth of England to engage them sacrilegiously to rob all our Ministers both of their Rectories Tithes Ministery at once to starve and famish they are his own uncharitable Anabaptistical words p. 1 2. These Antichristian Idols which if they neglect speedily to do he more than intimates in his Epistle to them and let them and all others observe it the Lord you may guess whom he means shall lay them aside as despised broken Idols and Vessels in whom his Soul hath no pleasure like those who sate there before them just John of Leydens Doctrine and practice It is storied of Sacrilegious Philip of Macedon by Polybius and others In aras et templa sae viit ipsos etiam Lapides infringens ne destructas aedes posthac restitui possint and that to raise monies to pay his all-devouring Army and of Dicaearc●us his Atheistical General as impious as his Soveraign that returning victoriously from Sea he built two Altars one to Impiety the other to Iniquity and sacrificed to them as to Gods Certainly John Canne who would have all our Churches razed to the ground and not a stone of them left upon a stone unthrown down that they might never be built again the true Voyce of a Son of Edom and Babylon and all our Ministers Rectories Tithes Food and Maintenance whereby they are fed and kept alive taken away by the Magistrates and that to maintain the Army and Souldiers as some design would be a very fit Chaplain for such a Sacrilegious King and General and a fit Priest or Minister for these two infernal Deities of Impiety and Iniquity the only Gods which too many pretended Saints and Anabaptists really serve worship in their practice But let Canne with all his impious unrighteous seduced Disciples Patrons remember that Blessing which dying Moses that man of God a better President General for Christians to follow than these Pagan Atheists bestowed on the tribe of Levi extending to all true Ministers of the Gospel now with his bitter imprecation against all who invaded their Substance Function or rise up against their Office recorded thus for their shame and terror Deuter. 33. 1 8 9 10 11. This is the Blessing wherewith Moses the MAN OF GOD blessed the Children of Israel before his death And of Levi he said Let thy Vrim and thy Thummim be with thy holy one for they have observed thy
Historians record That for this his Sacrilege ●e was smitten with a long and terrible Convulsion of all his Members whereof he died in great anguish that Eucherius Bishop of Orleans in a Vision SAW HIM DAMNED FOR IT and that upon search made in his Tomb by an Angels Admonition it was also confirmed for truth no relique of his Corps being found therein but only a dreadfull Serpent Apud Frances Carolus Martellus insignis vir fortitudinis exactis vitae suae diebus in Ecclesia beati Dionysii legitur esse Sepultus sed quia Patrimonia cum Decimis omnium fere Ecclesiarum Galliae pro stipendio commilitonum suorum mutilaverat miserabiliter à malignis Spiritibus de Sepulchro corporaliter avulsus usque in hodiernum diem nusquam comparui● as Matthew Westminster stories of him 2ly The censure passed against him for this Sacrilegious Robbery by the Marginal Authors and others especially by Agobardus Bishop of Lions An. 828. in his Book De Dispensatione Rei Ecclesiasticae contra Sacrilegos worthy the reading who thus complains p. 269. Nunc non solum possessiones Ecclesiasticae sed ipsae etiam Ecclesiae cum possessionibus venundantur c. Which he condemns as detestable Sacrilege execrable to God and men By Petrus Damianus Anno 1060. l. 1. Epist 11. where he gives this censure of his practice and others Inter omnia vero hic mala Illud excedit et Diabolicam fere modum videtur aequare nequitiam Quia praediis in Militem profligatis c. Moreover among all wicked Acts this exceedeth and seems almost to equal the very wickednesse of the Devil That all the Farms and Possessions of the Church being prodigally spent upon Souldiers insuper etiam et Decimae plebes adduntu● in Beneficium Secularibus Moreover Tithes and people are likewise added and conferred on these Secular men for a reward which in hi● lib. 4. Epist 12. lib. 5. Epist 9. he stiles a great Sin Sacrilege and Prophanation of holy things concluding What is it to turn Tithes to the use of Souldiers and Secular men nisi mortiferum iis virus quo pereant exhibere but to give them deadly Poyson whereby they may perish Petrus Blesensis Arch-deacon of Bath Epist 82. Joannis de Belith De Divinorum Officiorum Explicatione c. 5. write much to the same effect making it a greater Robbery and Sacrilege to take away Ministers Tithes though it be by the Popes own Bulls than violently to take away and plunder Mens Horses as they are riding or car●ing in the High way and convert them to their proper use as Souldiers use to do 3ly Let them remember That Charles Martels immediate Successors so much detested both his practice and Sacrilege that by publick Edicts they decreed in these terms That the Tithes and Ecclesiastical Lands and Goods seised upon by prophane Persons so they stiled the Souldiers possessing them should be all restored and so they were accordingly and those Harpyes robbed of their Sacrilegious prey Let the late Purchasers of such Tithes and Lands remember it and think of a possible if not probable Act of Resumption in case they make no voluntary restitution 4ly Let them consider the large Revenues the Popish Clergy at this day enjoy in France amounting to above 12. Millions of Annual Rents at a moderate value besides mony and oblations as Bodine Thuanus Hist l. 28. Ioannes de Lae●y Descriptio Galliae c. 17 18. record To which ● might adde the extraordinary great Revenues of the Popish Clergy in Spain recorded by Lucius Marinaeus Siculus Ioannes de Laet in his Hispaniae Descriptio cap. 20. Jo. Boterus in his Hist Universalis and of the Popish Clergy in the Kingdom of Naples in Italy registred by Thomas Segethus De Principibus Italiae p. 121. Which they still enjoy notwithstanding their manifold Wars without sale or Diminution for their Soldiers pay And will it not be an intollerable Impiety Sacrilege dishonor for Protestant Souldiers and our new Republick not to allow our Ministers so much as their inconsiderable remaining Rectories Glebes Tithes to support our Religion and instruct and save the Peoples Souls 5ly The reason rendred by Martel and others That the Officers and Souldiers deserve the Lands and Tithes of the Church and Ministers because they fight for the defence of the Church is very strange and just the self-seeking Plea and Practice of sundry of our Officers and Souldiers at this day scarce to be parallel'd in any Age 1. They were raised for the Defence and Preservation of the late Kings Person Posterity and just Rights of his Crown Ergo in discharge of this Trust they have most justly sentenced beheaded the King outed dis-inherited his Posterity and seized upon all the Crown-Lands and Revenues in his three Kingdoms for their own use pay support reward and inheritance 2ly They were raised and fought for the preserva●irn and defence of the Kingdom Parliament and Members Privileges and Laws and Liberties of England Therefore they have justly by armed violence invaded subverted them all disposed of all the Common wealth and Revenue of the Nation to themselves and their Instruments to support themselves and their usurped Arbitrary Power and Government over us and may null and pull down not only our Old but their own New created Parliaments and State-Councils as they stile them and change both Government Governors at their pleasure 3ly They fought for the particular Defence Peace Safety of every mans Person and Estate in our three Kingdoms Therefore they may seize upon and dispose of all their Persons Lands Estates at their pleasures and impose what Taxes Excises Imposts they list and exercise a legislative absolute Arbitrary and Tyrannical Power over them without a lawfull Parliament to eat them quite out of all Lastly They fought for our Church Ministers Religion Ergo they may subvert them all and seise upon all Church-Lands Revenues Rectories Glebes Tithes yea Churches and Church-yards too for to reward support and pay the Army and possess themselves of what ever our Ancestors setled on the Church and Ministers to instruct and save the Peoples Souls as a just Salary for killing their Christian Brethrens Bodies and destroying the peoples Souls and Bodies too Certainly the worst Enemies they fought against would not could not have done worse than this nor yet so bad This certainly is a Devastation Destruction not a Defence or Preservation of what they were raysed and payed to protect an Invasion and Depredation not a Patronage and Protection a Remedy more destructive than the worst Disease War Enemy who could but have stript us of no more had they conquered us than these our new armed Defenders of the Faith Church King Parliament Laws and Liberties have done or intend to do as many fear It was John Baptists Evangelical Precept to all Souldiers whatsoever Do violence to none in Person Lands or Estate much lesse to Ministers privileged by the
Law of War from Violence and to be content with their Wages without seising sequestring invading the Lands Estates Glebes Tithes Persons of Ministers King and Members or any others they fought for who never raised nor waged Souldiers to deprive them of their Patrimonies Estates Callings Rights Laws Liberties Privileges of Parliament Government Governours but only to secure them in the sull possession of them all This new Martial law and practice then is both irrational and unevangelical fitter for professed Theeves Turks and Pyrates than Christian Souldiers and far different from the foresaid Christian Souldiers practice in former Ages who as they would by no means be engaged by their Pagan Emperors or Generals commands to fight against any of their Christian Brethren choosing rather to obey God their Supream Emperour than Men So the famous Thebean Legion of Christian Souldiers and their Officers under Julian the Apostate when he commanded them to bring forth their Arms against the Christians returned him this most Heroick Answer worthy to be written in Golden Letters briefly fully and elegantly expressing the Duty of every true Christian Souldier in all Ages and Cases Offerimus nostras in quemlibet hostem manus quas sanguine innocentium cruentare nefas ducimus Dexterae ipsae pugnare adversus Impios Inimicos sciunt laniare pios et Cives nesciunt Meminerimus nos and O that our Army-Officers and Souldiers would remember it likewise Pro Civibus potius quam adversus Cives arma sumpsisse Pugnabimus semper pro Justitia pro pietate pro innocentium salute not for Kings Bishops Deans Chapters Ministers Lands Revenues Tithes Estates the things now fought for Haec fuerunt hactenus pretia periculorum Pugnavimus pro fide quam quo pacto conservemus tibi Imperatori Si hanc Deo nostro non exhibemus O that this Resolution were now engraven in every Army-Officers and Souldiers heart our Ministers then needed not to fear the losse of their Tithes Rectories Churches nor our Universities Colleges Corporations or any other the disinheris●on of their Lands Laws Liberties Powers by Military Rapines violences and usurpations 6ly The Exemptions of the Hospitalers and Templers Lands from paying of Tithes was a meer Papal Innovation and Devise which Canne who pleads so much against Tithes upon this mistake that they are Popish and all his Confederates should be ashamed to own and imitate The Israelites Gods own people during their possession of Canaan had many forein and Civil wars in most of their Judges Kings and High Priests successive Reigns and Roman Governours over them yet we never read that any of their Generals Officers or Souldiers fighting for their Churches Priests and Religions Defence against forein or Domestique idolatrous Enemies pretended the least Exemption of their Lands or Estates from paying all their antient forementioned accustomed Tithes to the Levites Priests and Poor no● any Christian Souldiers else but the Popish Templers and Hospitalers for the Lands conferred on their Orders not for their private Inhabitances And if Souldiers be obliged to pay Tithes of all their Spoyls and Gains of war as I have abundantly proved much more then of their real and personal Estates as well as any others not in armes especially where they are well paid and war not on their own expences but other mens purses Amongst the Jewes we never read of any Taxes Tributes or Contributions imposed on the Cities Houses Lands or Tithes of the People and Levites for the maintenance of wars or pay of Souldiers from which even Artaxerxes a heathen Conqueror exempted them by an express Decree Ezra 7. 24. Yet they received Tithes of all their Kings Generals Captains Souldiers as well as Peoples Lands and increase both in times of war and peace But our Army-Officers and Souldiers now receive above the Tithes of all our Ministers Tithes Glebes in Monthly Taxes and Contributions by arbitrary illegal Impositions without their or Consents in Parliament contrary to their ●ntient Privileges all former Presidents and our Laws Therefore there is all Equity and Justice they should receive the Tenths both of their Lands Goods and Gains of war too and that no Officers or Souldiers should be exempted from Tithes as the Templers and Hospitalers were who had no other Pay or Salaries but their Lands and received no constant Contributions from the Clergy Xenophon that famous learned Greek Heathen Commander having made the most Noble retreat we ever read of in Story out of the upper part of Asia with ten thousand men through mountains frost and snow in memorie of his thankfullness to the Gods for this safe return separated the Tenth of all the Spoyls that his Army had gained in the wars and by general consent commited them to the Captains to be dedicated to Apollo and Diana That for Apollo was layd up at Delphos in the Athenean Treasury but with that other Tenth Dianas share Xenophon himself purchased a Peece of Land and built thereon a Temple and an Altar to Diana and appointed the Tenth of the yearly increase for ever unto it This Pagan Commander and his Captains and Souldiers were so far from exempting their Lands from Tithes to their Idol-Deities that they Tithed the very Spoyls of their wars to them and built and endowed a Temple to Diana with Lands and Tithes out of their own ●ands and Estates for ever Which shall for ever silence and shame those Christian Army-Officers Souldiers Templers and Hospitalers who would exempt not only their Spoyls but their Lands and Estates from all Tithes to God and his Ministers because they are Souldiers and pretend to fight for their Defence 7ly This Reason that they should enjoy not only their own but our Ministers Tithes because they are an Army of Preachers and Priests and more Officers Souldiers in the present Army Preachers or Speakers as they phrase them than ever in any Army in the world before hath frequently minded me of that saying of Pope Gregory the first which famous Bishop Jewel much insisted on concerning Antichrist The King of Pride Antichrist is at hand and which is an horrible Thing to be spoken Sacerdotum est praeparatus Exercitus an Army of Priests is prepared to gard and usher him in Certainly I never heard nor read of such an Army of Priests as our Army now is before wherein there are not only some hundreds of disguised Popish Antichristian Priests and Jesuites as most wisemen conceive under the disguise of Souldiers preaching venting many notorious Errors Blasphemies and Antichristian Tenents to infect the Army and Nation too but many preaching Colonels Captains Officers Souldiers of all sorts not a preaching General as some say too And among others one of these Army-Preachers not long since published a Book with this Title Antichrist with us by John Spittle-house a member of the Army printed at London 1648. which intimated to me at first sight that Antichrist was in the Army and truly if
by the names of Baals Priests Black Coats Antichristian Locusts rotten corrupt Clergy-men Seditious Factious Varlets and all other rayling Epithites which Lilly in his late Almanacks and Scurrilous Pamphlets hath furnished them with which they much magnisie This is the Case of such Sword men who are above or against all Ordinances Duties publick or private or Antiscripturists Antitrinitarians Anabaptists Seekers Quakers Asserters of the Souls mortality as rising from and dying with the body of all their ordinary unordained Speakers Preachers infected with any other erronious heretical or blasphemous opinions of all disguised Jesuites Priests Papists under the Profession and Name of Souldiers Those who have no Lands liable to Tithes petition and speak against them either meerly to please their Superior Landed-Officers for fear of being cashiered by them or because they are infected with Anabaptism Jesuitism Errors Blasphemy Schism Arianism Atheism contempt of all publique Ordinances Duties and a bitter Emnity against our Ministers Persons Callings or Intruders into their Office as well as into most other Professions without any Lawfull call These in my Observation and I appeal to every of their own Consciences in the presence of the Searcher of all hearts for the truth of it are the only true Grounds Motives of any Officers or Souldiers present stickling opposition against Tithes and Ministers arising from within them as they are private persons And these unchristian Grounds seconded with the open or under-hand sollicitations of their Anabaptistical Heretical Schismatical Jesuitical Astromatical Friends and acquaintance out of the Army backed with a most impious wretched Sacrilegious Policy to please the simple oppressed deluded Country people in discharging them at present from the payment of Tithes to their Ministers that so they may augment their Taxes to the full value of their abolished Tithes to support themselves and the Army the longer in a body to uphold their Supream enchroached Powers preserve encrease their New Purchases Estates depending wholly upon the New Law and Title of the longest Sword are in my apprehension the only true causes why the General Council of Officers of the Army with the Souldiers under them by their directions as a New created All-swaying Military Corporation have so oft appeared publickly against our Ministers Tithes to abolish them and their Ministry by necessary consequence with them which all other Opponents being inconsiderable were never able to effect but by their armed power These are all the real principles of Piety Conscience if they deserve the Title I could ever yet find amongst them engaging the Army-Officers and Souldiers against Tithes which how inconsistent they are with the real profession or grounds of Christianity Piety Conscience Justice Saintship let their own Consciences and the world resolve and what Censures Execrations Judgements they may in Justice expect from God for such a Sacrilegious Rapine as they intend upon these carnal impious atheistical grounds policies hypocritically gilded over with the paint of Conscience Reformation Religion Propagation of the Gospel c. which makes the Design more detestable both to God and all good men The second sort of Tithe Oppugners are professed Anabaptists Dippers Seekers Quakers and other blasphemous Sectaries and Heretiques lately sprung up amongst us many of which have crept into the Army for their greater security and the better accomplishment of their dangerous destructive Designs against our established Government Magistrates Laws but especially against our Religion Church Minister Ministry their Tithes and Glebes Scarce one of a thousand of these poor Sneaks were of ability to pay any Tithes of late and those of this prevailing Faction who have crept into Sequestrations Offices Imployments of late and thereby gained any Estates for the most part have enriched themselves by sequestred Tithes Glebes Bishops Deans Chapters Lands and Revenues which these hungry Harpyes have most greedily preyed upon not out of any real grounds of Piety or Conscience as they pretend which I could yet seldom or never find in any of them but out of an unsatiable greedy HOLY HUNGER OR THIRST in the Poets sence after Gold Gain Spoyl the Revenues of our Church and an implacable bitter Enmity against our Ministers Persons Callings whether Presbyterians the chief Butt against whom their Malice is bent or Independents of a more moderate strain whose Ministry is the main Fort they level all their present power against to raze it even to the very Foundation now prosecuting the total abolition not only of their present Tithes Glebes but of all other future coercive maintenance in lieu of them only to subvert their Ministry and quite starve if they cannot violently storm them out of it This is most perspicuous not only by their manifold former libellous Pamphlets against our Ministers Calling and the late Ordinances for Tithes which I have elsewhere collected refuted but by their fresh Petitions both against their Tithes and Ministry too as Antichristian Jewish Popish c. especially by John Canne the old Amsterdam Anabaptists Second Voyce from the Temple or Synagogue of Satan rather newly dedicated to those he stiles The Supream Authority of the Nation wherein he exhorts and stimulates them by all the Art Rhetorick Motives false Arguments he can muster up to do execution and take vengeance upon Babylon to wit the National Ministry Church-worship Government of England as he explains it p. 2. till it be wholy desolate not a Stone left upon a Stone till it be thrown down To take a most effectual and certain course to starve and famish these Antichristian Idols by taking away the Food and Maintenance whereby hitherto as at this present they are nourished fed and left alive and more particularly their Tithes To repeal all Laws and Statutes formerly made whereby the Whore hath lived deliciously and proudly and keeps on to this Day her Whorish attire To make the Whore desolate and naked by making no Act or Law to stand in force which doth yield any relief to her To set themselves in array against her by the Armies power no doubt which he alludes to bend their Bow fan and empty her To set upon this work speedily in good earnest as it seems they do whiles it is to day And why so Because the Lord himself hath by a Call more than ordinarie called them to this more than ordinary Imployment if he could have proved it by Scripture or Law it had been more worth than all his Pamphlet put this fair or rather foul opportunity into their hands hath commanded his sanctified ones and called his Mighty ones the Army-Officers to fulfill his pleasure upon this great Whore the Church and Ministry of England and SION is in travel and ready to bring forth this Monster of Desolation and Confusion which if they neglect or delay then mark how he briefly menaces them with the Fates of their late Predecessors I would think you should never be sitting in that House but be thinking still on
and deserting their own Parish Priests and Churches resorted to these Friers Chapels and acknowledged them for their Ghostly Fathers and Confessors This is most evident by the Petition of the Parish Priests and Rectors of London to the Archbishop of Canterbury and the rest of the Bishops in a Synode about the year of our Lord 1240. against the Dominicans and Franciscans who much impaired their profit wherein they complained That their Parishioners who at leastwise on Lords daies and Festivals are bound to frequent their Parish Churches and to receive Sacraments and Sacramentals in the same and devoutly to hear Divine Service as also to offer at Solemn Masses due and accustomed Oblations did repair to the places and Houses of these Friers and scorn and forsake their Parish Churches and so confer the due Rights of the Church wherewith the Churches were antiently endowed upon the Friers Also they who confess themselves to these Friers who before were accustomed annually by the canon-Canon-law to pay Tithes of their Tradings to their Parish Churches from the time since they submitted themselves to the Confessions of these Friers modo debito ac consueto negociationes s●as decimare non curant Neglect to pay Tithes of their Tradings after the due and accustomed manner And is not this the very present Grievance Complaint of most London and other Ministers throughout England that since these disguised Romish Friers Jesuits swarming in all places under the Masks and Titles of Anabaptists Quakers and other Sects have in imitation of these their Predecessors in their Writings Preachments and Conventicles declaimed against our Ministers Tithes as not due unto them by any Divine Right to rob our Ministers of and draw the value of them to themselves and since their Parishioners who are bound to resort to their Parish Churches on Lords daies and Feastivals to hear Divine Service Sermons and receive the Sacraments in a devout manner have resorted to the Conventicles and Meetings of these Friers and Jesuites and submitted themselves to these new Ghostly Fathers and Confessors they have quite contemned deserted their own Parish Churches neglected refused to pay any personal or predial Tithes or Oblations to their Ministers after the due and formerly accustomed manner and bestowed the due Rights and ancient endowments of their parish Churches in value or substance at least though not in kind upon these Friers and Romish Locusts whose very Doctrin Practice in this particular of our Ministers Tithes and Oblations and their substraction of them yea in most other Tenents now broached by them for New light are the very same in all particulars which these Friers in former ages both at home and abroad as I have evidenced in my Quakers unmasked my New Discovery of Romish Emissaries and our London Lancashire Newcastle and other Ministers have plentifully demonstrated in sundry publications with Mr. Edwards in his Gangraenaes We may then most clearly Discover these Romish wolves now crept in amongst us in Sheeps-clothing by these their Fruits and practices whose Pleas against our Ministers Tithes resolve into these Atheistical unchristian Conclusions 1. That the Tithes of Christians increase are too much for God himself who created them and gives all to them 2. Too much for Christ who redeemed them who gave himself to death for them and is a Priest for ever unto God the Father after the order of Melchisede● in their behalf 3. Too much for the Ministers of Christ whose lives studies spirits are wholy spent in ministerial incessant labours for their eternal welfare 4. Too much to be layd out for the Instruction Salvation of their own immortal Souls when as the other nine parts are consumed on their Bodies Families if not Sins and Lusts 5. Too much for an Orthodox Protestant Minister but not for a disgui●ed seducing Popish Jesuitical Priest or Frier O brutish foolish bewitched infatuated Englishmen now at last consider this your desperate folly delusion before it be over late in following these disguised Seducers to your own and our Religious ruiue The 3d. sort of Tithe-Oppugners are prophane covetous Earth-worms and Atheistical wretches who care not for God or Religion saying unto God and his faithfull Ministers like those Atheists Job 21. 14 15. Depart from us for we desire not the knowledge of thy wayes what is the Almighty that we should serve him and what profit should we have if we pray unto him Yet because few of such are now active Sticklers and Petitioners as such against Tithes but only mere Substractors Detainers of them at present they are lesse blame-worthy and not so culpable as the two former and subsequent Ranks the chief active Sticklers Petitioners Writers against them The 4th Rank of Grand Opposites against our Ministers and their Tithes are Prophane Ignorant Cheating Monthly Prognosticators and Astrologasters as John Booker Nich. Culpepper and above all others William Lillie a most bitter rayling Ral shekeh whose late Almanacks ever since 1648. and other idle Prophetick Pamphlets are so fraught with Scurrilous Invectives Raylings Predictions of our Ministers Presbyterians Downfalls and their Tithes the Souldiers Peoples general Opposition Insurrection against them c. almost in every line as if the Army-Officers Souldiers Anabaptists Priests Jesuites had purposely hired him to carry on their Designs against our Ministers their Tithes Maintenance to subvert our Religion and the Jesuites Anabaptists furnished him out of all their ●ayling Pasquils Satyrs with reproachfull Terms Invectives Slanders against them which have swelled up his frothy silthy Papers to an extraordinary B●lk beyond his Fellow Prognosticators and made them so much cryed up read studyed both by Officers Souldiers Anabaptists and other simple people incensing them against our Ministers and their Tithes a● things which the late Constellations Ecclipses of the Moon and Sun have specially designed ●o speedy ruine When I was close Prisoner in Dunster Castle in the year 1650. the Officers and Souldiers there sent me Lilies New Almanack to read wherein I found such a world o● bitter rayling Jesuitical Epithites against our Ministers and predictions of the sodain Downfall of their M●nist●y Tithes Maintenance from pretended Malignant Constellations which y●● on the contrary at the same time did promise Acts of Grace and Favour to Popish Recusants w●o in their Zeal and Loyalty to the New Republick exceeded most Presbyterians ●nd pres●ged some worthy Actions in creating New Cardinals c. to be done in Rome and Italy as he therein predicted as made me suspect him to be more than half a Jesuite or at least their Scholar Confederate Pensioner to promote their Designs against our Ministers and to acquaint M● Bradshaw my Committer with others at Whi●ehalt so mu●h in my Letters to them But our Tithes and Ministers not falling down that year as he falsely prognosticated he still continued to predict their Downfalls in his lying Prognostications 1651 and 1652. much read and cryed up by the Officers and Souldiers at Pendennys Castle
divided by upholding the weakest party that the other might not make it self too powerfull Reducing the Kingdoms of England Scotland and Ireland to be divided by one of these two means or both either by nominating new Kings or by reducting them to a Common-wealth Yet with this Caution that when they are reduced to a Common-wealth So to order it that it may not be intirely one but divided For Republiques ever enemies to Poteut Neighbours and Iealous of their Liberties ought to be Suspected by the State of France How punctually this advice hath been pursued by the French as well as Parsons and Campanellaes Plots of like nature by the Spaniards those who please to peruse the Lord George Digbies Cabinet Letters printed in the Collection of all the Publique Orders Ordinances and Declaration of Parliament in folio by the Commons Order 1646. p. 849 858 862 863 866 867. and my Speech in Parliament p. 118. 106 to 114. may read at leisure and every mans observing experience can sufficiently attest The Lord now at last give us hearts to be deeply sensible of it and grace zeal courage to make timely use of it for the Preservation of our Kingdoms Nations Churches Ministers Religion from impendent ruine Having given the world this brief Accompt of the principal Promoters Prosecutors of the present Grand Plot against our Ministers their Tithes and Rectories I cannot upon serious consideration of it but foresee and divine that if all or any of these Projectors through Gods heavy Judgment on us for our sins and detestable violations of all Oaths Vows Covenants Trusts Protestations Promises Declarations Divine and Human Laws should by power fraud policy or armed force so far prevail with our present Legifers or Swaying Grandees as totally to take away and abolish the Rectories Tithes and present setled Maintenance of our Ministry for the Souldiers pay or other ends or else secretly to bring them all into a Common Treasury and reduce all our Ministers to set arbitrary Stipends out of them to dispossess them of the future actual possession of them and make them wholy dependent on the arbitrary discretions of new intruding Land-Lords into their Churches Patrimonies Freeholds from whom they never received them at first as it would inevitably produce a world of mischiefs and Inconveniences both to all Patrons and Parishioners throughout the Nation without the least Ease or Benefit to the People so it would certainly either totally ruine our Ministers making them all poor Fryers Mendicants neglecting their Callings Studies to get their living by begging from door to door and as Peter Martyr observes to be ventris potius quam Ecclesiae Ministros ostiatim validè Mendicare non Mendicantes sed Manducantes appellari and thereby subvert our Church and Religion with them in very few years space open such a wide door for the Pope and whole body of Popery to flow in upon us again with an impetuous irresistable Deluge that we should no waies be able to resist their progress till they were re-estated in their former Supremacy and Prevalency amongst us And then rhose very Romish Factors who are now so violent against Tithes and Rectories of purpose to starve our Ministers out of them and their Ministry for the present will not only forthwith resume as they did in Queen Maries daies their pristine abolished Pontifical Power and set up their Ecclesiastical Consistories High Commissions and bloudy Inquisitions amongst us higher than ever they were in former ages to the utter extirpation of our Protestant Ministers and Professors too but likewise presently resume into their hands all those Rectories Tithes and antient Dues whereof they now endeavour to deprive our Ministers with all our late Arch-Bishops Bishops Deans Chapters Cathedrals Lands and Revenues as Sacrilegiously alienated from the Church against the Lawes both of God and Man as well as against their Popish Canons by those who had no right to dispose of them if they proceed to resume all Abby Lands too in Protestant hands at least And then all late or antient Purchasers of such Lands now confederating with them out of Covetousness Ambition Rapine or other respects will repent too late of their inconsiderable unrighteous unchristian complyance with them against our Ministers Glebes and Tithes and have as ill a Bargain in conclusion as divers old Projectors had in the purchase of our Crown Revenues when resumed or setled in the Crown again by many special Acts of Resumption for the publick weal and ease of the people in their Taxes as being the constant standing Revenue of the whole Kingdom to defray its ordinary publick Expences which none can or ought to Alien or purchase from the Republick to enrich themselves by the publick Losse Wherefore I shall now refer it to their saddest thoughts to consider whether it will not be far safer for all such Army-Officers and others who have purchased Church Lands to joyn together with all such zealous Protestants who desire the continuance of our Ministers antient Tithes and Maintenance more aimed at than Impropriators Tithes against these Jesuites and Romish Emissaries now oppugning them and to us their utmost endeavours to detect apprehend prosecute execute all our former good Laws against them to prevent their mischievous present and future Designs against our Ministry Church Religion Nation than ignorantly or wittingly to confederate with and assist them to accomplish their present Sacrilegious Projects to ruine us and themselves with their Posterities in conclusion and thereby incur the self-same Crime Charge of High Treason which themselves and the whole Parliament of England so lately prosecuted against Canterbury in the 7 8 9 11 12 13 14. Articles of his original Charge for which he lost his head on Tower Hill To draw to a cloze of this Proposition I shall desire all truly fearing God throughout the Nation and Army too sadly to consider these particulars 1. That those who are the chiefest Sticklers against Tithes and our Ministers setled co●rcive Maintenance especially Jesuites and Anabaptists are the greatest professed open Adversaries to our Ministery Church Religion of all others desiring nothing but their utter ruine as their late printed Pamphlets and Petitions manifest Therefore to gratify them in their Designs herein is to ruine all at once for whose defence we have spent so much Christian Bloud Treasure pains of late years against the Common Enemy and Jesuited Popish Party 2. That many of those who in their printed Papers have decryed our Ministers Tithes and coercive Maintenance as inconsistent with the Peoples Liberties and a great Bondage to them have as earnestly declaimed against all Inclosures Coppy hold Tenures Land-Lords old Rents Services antient Customes Imposts which being not so antient nor ratified by so many Statutes Charters Muniments of all sorts as Tithes are will not be able to stand before their Opposition and Arguments against them if our Tithes and Ministers Glebes should once fall before
gon astray following the way of Balaam the son of Bosor who loved the wages of unrighteousnesse These are wells without water Clouds carried with a Tempest to whom is reserved the mist of darknesse for ever 3ly That although God should miraculously preserve a faithfull able Ministry and his true Religion still amongst us through the bounty and charity of other well affected Christians yet they have done their uttermost endeavours to destroy them and the peoples souls with them both for the present and succeeding ages 4ly That this unrighteous violent act will in all probability bring in a world of Confusion Atheism Schisms Heresies Divisions Contentions Blasphemies disorders amongst us in all places a famine of the sincere preaching of Gods word a neglect and contempt of Learning and Piety a dilapidation Spoliation of all or most Parish Churches Chapels a confusion of the bounds of all Parishes and Parochial Congregations and bring all those Calamities on our Nation as it did upon the Israelites when Jeroboam thrust out the Priests and Levites from their Glebes Suburbs Ministry thus registred 2 Chron. 15. 3 5 6. Now for a long season Israel was without the true God and without a teaching Priest and without Law as some would have us now And in those days mark the consequence there was no peace to him that went out nor to him that came in but great vexation upon all the Inhabitants of the Country And Nation was destroyed of Nation and Citie of Citie for God did vex them withall Adversity In which condition they continued till King Asa and the people renued repaired the decayed Altar House and worship of the Lord Gathered all the people to Jerusalem to worship God and enter into a Solemn Covenant and Oath to serve the Lord God of their Fathers with all their hearts and with all their soul And that whosoever would not seek the Lord God of Israel should be put to death whether small or great man or woman Offred Sacrifices to the Lord of the Spoyl they had taken from the Enemy 700 Oxén and 7000. Shéep and brought into the house of God the things that his Father had dedicated and himself had dedicated Silver and Gold and Vessels formerly taken thence and then there was no more war in divers years v. 8. to the end of the Chapter And probably our Wars Taxes Vexations will never end till we give over our late irreligious Sacrilegious Rapines Church Robberies and do the like as this pious King and his people here did 5ly That this discouraging robbing abusing despising mocking misusing of Gods Messengers Prophets sent amongst us and of all his and their words against our wicked Atheistical Sacrilegious Rapines is the High way to provoke the wrath of God to rise against us till there be no remedy yea to bring in a powerfull Foreign Nation upon us to pillage waste destroy enslave our whole Nation extirpate us out of the Land of our Nativity and carry us Captives to a Foreign Nation as it did Gods own people heretofore 2 Chron. 36. 15 to 22. Sufficient motives to deter us from such a dangerous practice 6ly I must inform our Army Officers and Souldiers that it is expresly against the very Laws and Rules of War even in a Foreign Enemies Country won by Conquest to rob destroy pillage Churches Temples or things devoted for the Maintenance of Gods publique Worship which not only the best Christian Generals and Souldiers but many Heathen and Mahometan Generals Princes Commanders made conscience not to plunder deface demolish or substract as Grotius proves at large by many instances in his Book De Jure Belli l. 3. c. 2 12. sect 6 7 8. Annotata on them How much more then is it against the Law of War and Armes it self to make a prey plunder of Churches Rectories Glebes Tithes in their own native Country against their own Consciences Covenants Commissions to defend them Yea such Generals Souldiers and whole Armies who have made no Conscience to observe it have been frequently destroyed for their Sacrilege as many Heathen Historians observe as well as Christian Herodotus in my Edition p. 7 8 44 167 168 169 170 187 349 350 460 461 568. Diodorus Si●ulus Bibl. Hist p. 622 781 782. Dion Cassius Rom. Hist p. 589. Justini Historia ● 8. p. 87. l. 24. p. 227 to 231 269 271 308. Caelius Rhodiginus Ant. Lect. l. 18. c. 29 Eutropius Rer. Rom. Hist p. 175 228 334. Paulus Diaconus p. 417. Nicetus Hist p. 48 50. Laurentius Begerlink Chronogra p. 137 189 263. record sundry examples of this kind both among Pagans and Christians to deter others from this dangerous destructive sin which if they neglect scorn I shall then desire them to remember that saying of Euripedes an Heathen Poet in his Troadibus that he shall receive the like exemplary punishment Homo quisquis urbes vastat Dis Manibus Sedes Sacratas Templaque haud recte sapit Nam similis ipsum Pestis Excidii manet 7ly It is the Resolution of Seneca the Philosopher Quisquis id quod Deorum est sustulerit consumpsit atque in usum suum vertit sacrilegus est and all Canonists Casuists Schoolmen Divines whatsoever accord That it is Sacrilege for any Persons or Powers whatsoever to invade or take away any thing which our Ancestors or any others have solemnly vowed dedicated for the necessary maintenance of Gods publique worship and Ministers under what specious pretext soever it be done Therefore to take away or abolish our Ministers Tithes Glebes Rectories and other Dues conferred on them by our pious Ancestors and make spoyl havock of the Churches Edifices erected by them for Gods publique worship must questionlesse be Sacrilege as God himself expresly defines Mal. 3. 8 9. With all commentators thereon old and new and Gratian Caus 16. qu. ● This the famous Emperor Souldier Charles the Great and Ludovicus surnamed the Godly and most Christian joyntly resolve Capit. Caroli Ludovici l. 6. cap. 285 295 296 115 305. l. 7. c. 104. where they thus conclude Scimus res Ecclesiae Deo esse sacratas Scimus eas esse vota Fidelium pretia peccatorum Quapropter si quis eas ab Ecclesiis quibus a Fidelibus collatae Deoque Sacratae sunt au●ert proculdubio Sacrilegium committit Caecus enim est qui ista non videt c. Si ergo amico quippiam r●pere furtum est Ecclesiae vero fraudari vel abstrahi indubitanter Sacrilegium est Omnes enim contra Legem facientes Resque Ecclesiae dirimentes vel Ecclesias Sacerdotesque contra Divinas Sanctiones vexantes Sacrilegi vocantur atque Indubitanter infames Sacrilegique Habendi sunt c. What Penalties have been inflicted upon such who were guilty of this sin by Christian Princes in foreign parts I shall briefly inform this Sacrilegious age Theodoricus King of the Gothes in his Edict c. 125. enacted That if any man should
hast kept me this day from coming to shed bloud and to avenge my self with my own hand But if they shall by Gods permission cast me again bound hand and foot into another fiery Fornace for this my faithfull Service or not falling down and worshipping that Golden or rather Wooden Image which they have or would now set up I doubt not but that Gracious God who hath so miraculously preserved me in delivered me out of so many fiery Trials and Fornaces heretofore will do the like again hereafter and that in such a visible eminent manner as shall enforce them at last to use those words unto me as Nebuchadnezzar did unto Shadrac Meshac and Abednego after their miraculous preservation in the midst of the fiery Fornace into which the most valiant men of his Army cast them bound by his unrighteous Command to their own immediat destruction by the flame without the least hurt to them Dan. 3. 28. Then Nebuchadnezzar spake and said Blessed be the God of Shadrac Meshac and Abednego who hath sent his Angel and delivered his Servants that trusted in him and have changed the Kings word and have yielded their bodies that they might not serve nor worship any God or Idol except their own God This being an undoubted Truth which I have ever hitherto found experimentally true from and in my former causelesse Oppressors whose Erronious Practices vices I have reproved recorded by God himself and the wisest of all Mortals Prov. 28. 23. He that rebuketh a man for his faults plainly shall afterwards find more favour than he that flattereth him in them with the Tongue And that saying of the truth it self in such cases of difficulty and concernment to the reprover will ever prove an experimental verity wherewith I shall conclude my Plea which I desire may be deeply engraven in the Hearts Spirits of all timorous base unworthy Christians who dare neither speak nor write their Consciences nor Discharge their Duties in these times of danger and will wrong both their Consciences Country Posterity yea shame their God Nation Religion to save their Estates Lives as they fondly conceit when they will lose all with their souls to boot by their base carnal fears Math. 16. 24 25 26. Luke 17. 33. If any man will come after me let him deny himself and take up his Crosse and follow me For whosoever will Save or shall seek to Save his life so Luke records it shall Lose it and his Tithes Lands Liberties with it and whosoever will Lose his Lise for my sake shall find it For what is a man profited if he shall gain the whole World and Lose his own Soul Or what shall a man give in exchange for his Soul I shall cloze up all with this notable Passage of our own learned Writer John Sarisbury against such Religious Hypocritical Cistersian Monks who in his age sought exemption from payment of Tithes and seised upon the Ministers Dues about the year 1170. Joannis Sarisburiensis De Nugis Curialium l. 7. c. 21. De Hypocritis qui ambitio●is labem falsae Religionis imagine nituntur occultare Hi sunt qui potestatibus persuadentes ut propter vitia personarum jure suo priventur Ecclefiae Decimationes et Primitias Ecclestis subtrahunt et Ecclesias ipsas accipiunt de manu Laicorum Episcopis inconsultis Hi sunt qui praedia avita subtrahentes indigenis vicos pagos redigunt in solitudinem in suos usus vicina quaeque convertunt Ecclesias diruunt ut in usus revocant seculares Quae Domus Orationis fuerat aut efficitur stabulum pecoris aut opilionis aut Ianificli Officina Et ut se possunt plenius exhibere charitatis implere manus ne decimas dent Apostolico privilegio muniuntur Miror tamen ut Fidelium pace Ioquar quidnam sit quod Decimas et Iura aliena usurpare non erubescunt Inquient fortè Religiosi sumus Planè Decimas solvere Religionis pars est Et eas a Deo populus duntaxat religionis solvere exigitur Hi adeo religiosi sunt quod in Decimis dandis derogare possunt constitutioni Divinae in eo licenter minus grati sunt gratiae Dei quo eam amplioribus beneficiis experiuntur FINIS A POSTSCRIPT IT is storied of Canutus the 4 th the 77 King of Denmark an eminent professor of Piety and Religion and great lover of Justice that perceiving his Subjects to stick at many things pertaining to Christian Religion and not to conform to other Christians throughout the world in Laws and Ceremonies specially in the due payment of Tithes to their Ministers he urged them out of religious Piety ut ritu aliarum Nationum Christianam Religionem prositentium Decimas Sacerdotibus suis soluerent that after the custome of other Nations professing Christian Religion they would pay Tithes to their Priests remitting to them a great fine imposed on them for their Rebellion and contempt in refusing to accompany him in an Expedition against the English to induce them thereunto But they being perswaded the contrary by his Brother Olaf thereupon rose up in Rebellion against him specially the Northern Jutes frequently perfidious whom he could never induce to pay Tithes and pursuing him to Othense cruelly murdered this their just and pious King in the Church of St. Alban Anno 1088. whom Olaf succeeding God presently sent such a great scarcity of Corn and provision in Denmark for 7. years space together the intemperatenesse of the air blasting all their Corn that many families not only of the poorer but richer and nobler sort died of famine the people fighting with one another even for grasse to eat At last the famin invading King Olaf his Court he prayed to God that if he had conceived any anger against his Subjects for not paying Tithes and murdering their King he would satisfie his wrath upon him not them and the same night Esurientem parricidii p●nitentem animam efflavit he died of hunger repenting of his paricide O that all English Tithe-Oppugners and Regicides would seriously meditate on this memorable president of Divine Justice upon such Delinquents and be brought to timely repentance thereby to prevent the like National and Personal Judgements upon our Nation themselves and their posterities ERRATA COurteous Reader correct these mistakes and omissions of the Presse occasioned by the Authors absence in the Country Page 2. l. 34. if r. of p. 8. l. 24. r Wagria p. 14. l. 20. r. inservierat pietati l. 26. r. Wilfrid p. 21. l. 39. these those p. 25. l. 11. Decima l. 15. 17. aliendis alienandis p. 27. l. 27. r. 17 E. 4. c. 7. l. 37. Parliament l. 38. sommoneri p. 28. l. 6. Heu licet quod eo r. Quod licet de l. 13. dele ut l. 16. indulgere r. inducere l. 19. quamplurimum p. 29. l. 19. superlors p. 30. l. 3. Lord God p. 34. l. 4. form r. former l. 6. last r.
WHether Nine parts of Ten of the present cager Petitioners against our Ministers Tithes if strictly examined by the poll will not appear to be poor mecanical persons of such mean inconsiderable fortunes estates condition without any Tithable lands livings estates as are no ways interessed nor concerned in the payment of Tithes And so fitter to be punished as factious seditious schismatical than thanked encouraged as zealous conscientious well-affected persons by those in present power II. Whether all or most of these Petitioners be not really greater Enemies to our Ministers and their Ministry then they are unto their Tithes petitioning purposely against their Tithes in order to the subversion extirpation of their Ministry Function and thereby of our Protestant Church and Religion And that by the instigation sollicitation of those disguised Jesuits Popish Priests Monks and Romish Emissaries the original broaches of this Doctrine that Tithes are not due to Ministers by Divine Right and may be detained from them by the people to gain them to themselves as you may read in Mr. Seldens History of Tithes p. 166 167 170 171. who now bear chief sway in most Separate Congregations of Anabaptists Quakers and other Antagonists now attempting the present abolition of Tithes If so as will appear upon an impartial Inquisition whether such persons will not be fitter to be banished as Antichristian rather than Tithes and to be taken into publike consideration before the debate of Tithes III. Whether there be not above One hundred religious well affected Protestants persons of Honor Quality Estate lyable to the payment of predial Tithes and most concerned therein who desire the constant payment and continuance of them for the maintenance of their Ministers to every one of those Tith-payers who now petition against them as a grievance though the Tithes the most of them pay be not considerable If so as is most apparent by comparing the paucity and quality of the Petitioners with those who refuse to joyn with them Whether it can bee conscionable equitable just reasonable Parliamentarie to admit of any debates for the abolishing or altering the payment of Tithes upon the Petitions of so few malecontented Sectaries and unvaluable persons against the wills consents desires of the Generality and most considerable part of the Nobility Gentry Farmers Citizens Freemen of the whole Nation And that during the absence forcible seclusion of most of those Knights Citizens and Burgesses they duly elected to represent their persons and give both their free Votes Opinions Assents and Dissents to whatever publike businesses should be propunded and ordained in Parliament Therefore to this of Tithes which is so universal and so highly concerns both our Religion and Proprieties IV. Whether it will not be an apparent breach of the Great Charter of England ch 1. 29. That the Church of England shall be free and shall have her whole Rights and Liberties inviolable That no Freeman shall be disseised of his Freehold or Liberties or Free-Customs or be outlawed ●●●led or any otherwise destroyed nor shall we pass upon him nor condemn him but by the lawfull Iudgement of his Peers and by the Law of the Land And of above 40. other Statutes for its confirmation fince some of them in the last long Parliament now revived in pretext for those now fitting to take upon them the debating and voting down of Tithes or altering their usual way of payment in any kinde being the Inheritance Right Liberty Free-hold of the Church of England of every particular Church Patron Minister Impropriator and many thousands of Freemen in all parts of the Nation without any lawfull summons given to them to appear before them to defend maintain their respective Inheritances Freeholds rights interests in them ratified by prescription time out of mind by sundry Acts of Parliament both under our antient Saxon Norman English Kings and many late Ordinances to which those now convened gave their Votes as fully as others now secluded as well as by Divine Right Institution both before under the Law and Gospel too without any lawfull judgement hearing tryal by their Peers or by the Law of the Land And whether this will be a consciencious real performance of their defence of the Church of England expressed in the Writs by which they were elected or of their printed Declaration May 9. 1659 We are resolved by the gracious assistance of Almighty God to apply our se●ves to the faithfull discharge of our Legal Trust to assert establish and secure the Property and Liberty of the people in reference unto all both as Men and Christians Therfore of all Patrons Ministers Members as well as others unless they repute them neitehr Men nor Christians V. Whether John Canne with other Adversaries to and Petitioners against Tithes as Iewish and Antichristian ought not first to prove them such by clear unanswerable Scriptures Evidences Demonstrations to the conviction of the Iudgements Consciences of the generality of the English Nation and all now sitting And to answer all the Arguments Authorities Scriptures Reasons produced by Tyndarus Rebuffus in their Treatises de Decimis Dr. George Carltons Tithes proved to be due by a Divine right London 1606. Dr. Robert Tilleslee his Animadversions on Mr. Seldens History of Tithes London 1619. Sir Iohn Sempil his Sacrilege sacredly handled London 1619. Stephen Nettles his Answer to the Jewish part of Mr. Seldens History of Tithes Oxon. 1625. Richard Mountague his Answer to the first part of the History of Tithes London 1628. Dr. William Sclater his Ministers portion Foulke Roberts The Revenue of the Gospel is Tithes due to the Ministry of the word by that word Cambridge 1613. Richard Eburne his Maintenance of the Ministry London 1609. R. G. his Truth of Tithes discovered or the Anatomy of Annanias and Saphiraes Sacriledge London 1608. My Gospel Plea interwoven with a Rational and Legal for the Lawfulness and continuance of the ancient maintenance and Tenths of the Ministers of the Gospel London 1653. others to prove Tithes Due by Divine Right to the Ministers of the Gospel and neither Jewish nor Antichristian nor illegal nor burdensom to the people in the least degree being allowed in all Leases purchases before they be voted down abolished and quite abrogated as such upon their clamorous scandalous Petitions Suggestions void of all truth VI. Whether the present and future pretended ease of the people in their Tithes to their Ministers if effected will not be recompenced with an Augmentation or Duplication of their Monthly Taxes to the Army or in Fines Rents to their Landlords to a far greater value than they now pay to their Ministers and be levyed with greater rigour and harder compositions if deteined than now they are according to Saint Augustines prediction Sermo 219. De Tempore If thou wilt not give thy Tithes Dabis impio Militi quod non vis dare Deo Sacerdoti Hoc tollis Fiscus quod non accepit
Levites Priests and Annual feasts which the Owners kept in their own barns and were to be eaten by the Levite Stranger Fatherless and Widow within their gates and houses Deut. 14. 28 29. c. 26. 11 to 17. Now in allusion to the last kinde of Tithes St. Ambrose Sermone in die Ascentionis St. Jerome in Mal. 3. St. Augustine Sermo 219. De Tempore ad Fratces in Eremo Serm. 64. Caesarius Arelatensis De Eleemosyna Hom. 2. Eutropius in the Life of St. Steven c. 17 18. The Exhortation written about An. 700. Beda Eccles Hist l. 4. c. 10. Agilardus Contra insulsam vulgi opinionem de Grandine c. p. 155. Ivo Carnotensis Epist 102. The Synod of York under Hubert An. 1194 and some others press the payment of Tithes to Ministers and giving Alms or some part of their goods to the poor jointly together and some few of them stil● Tithes Tributa refectorium Animarum The Tribute not Alms of the poor souls and tell us of Tithes which God himself hath commanded to be given to the poor But this they intend not of the first sort of Tithes due to the Ministers of God but of a Tenth of their remaining Annual increase after the Ministers Tithes first paid as most of them expresly declare viz. Hierom. on Mal. Saltem Judaeorum imitemur exordia ut pauperibus partem demus ex toto Sacerdotibus Levitis Honorem debitum et decimus referamus De sua particula not the Ministers Pauperibus ministrare And the English Synod of Calchuth An. 786. with Capitularia Caroli Magni l. 6. c. 29. most distinctly Decimas ex omnibus fructibus pecoribus terrae annis singulis ad Ecclesias reddant Et De novem partibus que remanserint eleemosynas facient So as there is nothing in Scripture or Antiquity rightly understood to prove Tithes to be pure Alms as some have erroniously fancied The second ground of this Opinion that Tithes were Free and pure Alms was the frequent Grants Donations and Consecrations of Tithes and Portions of Tithes by several Lords of Mannors and Lands by special Charters yet extant recited in Mr. Seldens History of Tithes between the year of our Lord 1060. and 1250. in the darkest times of Popish Superstition to Abbies Monks Friers Nunnes and Religious Houses in eleemosynam pauperum in liberam puram et perpetuam eleemosynam to be distributed by these Monks or their Almoners to the use of the Poor Pilgrims Strangers Widows and Orphans in general at their discretion or particularly of such and such Parishes and they supposing the Monks to be most charitable to distribute them to the Poor most of which Grants or all were made by the consents of the Bishops of the Diocess and confirmed by them and many of them with the Assents of the Patrons and Encumbents of the Churches And sometimes whole Churches with their Tithes were thus granted and impropriated to Monasteries and Monks In jure perpetual Frankalmoigne to the starving of the peoples Souls to pray for their Patrons when deceased and seed the Bodies of the Poor without their Souls whence all or most of our Appropriations and Impropriations really sprang to the great prejudice of Ministers maintenance and Parishioners Souls Upon this ground many Monks and Mendicant Fryers who were no part of the ordained Ministry just like our vagrant Anabaptistical and unordained Sectarian Predicants now to rob the Ministers and most Priests of all their Tithes engross them into their own hands and disposal to enrich themselves and their Monasteries everie where cryed up tithes to be Pure Almes which everie man might bestow where he pleased and that themselves having renounced the world and vowed Povertie were fitter to receive and dispence them than the Secular Parish-Priests and made this Doctrine a very gainfull Trade whereby they got most of the best Benefices of England and a great part of the Tithes into their own Possession to the great prejudice of the Church And not content herewith the Premonstratenses and other Orders procured a Bull from Pope Innocent the 3d. about the year 1●10 to exempt all their Lands which themselves manured and all their Meadows Woods Fish-ponds from paying any Tithes at all to Parish-Priests or others That they might bestow them in Alms or on the poor of their Monasteries as they had requested them from the Pope as the words of the Bull attest After which they invented other Bulls condemned in our Parliament by a special Act to exempt their Tenants likewise from paying Tithes under the same pretext And this is the true ground and original of that Monkish opinion That Tithes were pure Alms and that men might give them to whom they pleased Which grant of thithes to Monasteries Monks and exemptions of their Lands from paying them upon pretext of giving them in Alms to the great prejudice of the Ministers perdenda Basilica sine plebibus Plebes sine Sacerdotibus Sacerdotes sine reverentia sine Christo denique Christiani Bernard Epist 240. was severely censured and sharply declaimed against by St. Bernard and Hugo Partimacensis Epist ad Abbatum Conventum Nantire Monasterii after Ivo his Epistles p. 245. a most excellent Epistle against this practice The Council of Vienna An. 1340. Joannis Sarisburiencis De Nugi● Curialium l. 7. c. 21. Petrus Blesensis Epist 82. Petrus Clamianensis Epist l. 1. Epist 33. And the Monkish Assertors of this Doctrine that Tithes were pure Alms and disposable to whom the people would were by Pope Innocent the 4th stiled and censured in these terms I sti Novi Magistrique dicent praedicant contra Novum et Vetus Testamentum yea Richard Archbishop of Armaugh complained much against these greedy unconscionable Monks in his Defensorium Curatorum for possessing the people with this opinion That the command of Tithes was not moral but only ceremonial and not to be performed by constraint of Consciences to the Ministers and Curates and that what Lands or Goods soever were given by any of the four orders of Mendicants ought to be exempted from paying Tithes to Ministers in point of Conscience which he refutes from these Monks John Wickliff Walter Brute and William Thorp living in that blind Age took up their opinion That Tithes were pure Alms and that the people might give them to whom they please if they were Godly Preachers and their Parish Priest lazy proud and wicked which opinion of Wickliff was refuted by Thomas Waldensis as erronious and condemned in the Council of Constance This I have the longer insisted on to shew how Canne and the rest of our Anabaptistical Tithe-Oppugners revive only these old greedy Monks Friers Tenents and practices for their own private ends and lucre to wrest our Ministers Tithes from them into their own hands or disposing and exempt their own Lands and Estates from paying Tithes that so we may have Churches without people People without Ministers Ministers