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 tanâ—i in Ecclesia Dei petidatior redditur quanâ—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
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 proâ—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 suâ— 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 inchâ—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 mâ—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 Prieâ—â—â— and Ministers competent standing maintenance in all Aâ—â—â— places and weekly times for his worship never leaving men free to their own wiâ—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 Melchisedeâ— not arbitrarily but of due right by vertue of some Divine Precept else Melchisedeâ— 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 Sâ—m who was so taught of his Father Nâ—ah he by succession RECEIVING IT FROM ADAM who as he was wrought and fashioned by God so was he herein taught and instructâ—d by God And therefore not only amongst the Sons of God such as called rightly upon the name of thâ— Lord but even amongst thâ— Giants of the Daughters of Mâ—n worshipping invented Godâ— by themselves and dedicatinâ— their TITHES unto them as the Premises evideâ—câ— THERE NEVER WAS NUMBER THAT DID INTRUDE UPON THE TENTH MUCH LESSE SHOULDER IT OUT OF DOORS This Number of Tâ—â— writes Philo the learned Jew that most sacred Wâ—â—â—â—â— Mâ—ses hath not a little commended because the best Duties of Man are by him couâ—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 â—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 Tallaâ—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
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 Promâ—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 câ—ndescended to as well your dreadfull Majesty â—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
to Xenophon who receiving it bought therewith a field having woods Mountains in it stored with trees swine goats sheep wildbeasts and Horses for the Goddess in that place which was shewed unto him by the Oracle of Apollo he likewise built a Temple an Altar out of that sacred money Aâ— post id temporis semper consecratis fructuuâ— agri decumis Sacrum Deae faciebat And after that time he sacrificed to the Goddess for eder consecrating the Tenths of the field to her service Near the Temple there was a garden set with all sorts of Fruit-trees good to eat Before the Temple were pillars erected with this Inscription on them Fundus Dianae Sacer. Hoc qui possâ—ssor fruitur quotannis Consecrato Decumam de reliquo Fanum sartum tectum conservato Si quis non fecerit Dea vindex estâ— In which memorable Historie we have six things considerable 1. Tithes of spoyls consecrated by the Heathen Graecian Generals Captains and Souldiers to Apollo and Diana as Agis after the end of the wars between the Elei and the Lacedemonians going to Delphos offered a TENTH of the spoils to Apollo And Agesilaus took the fruits of his Enemies fields ut intra biennium Decumam Delphico Deo consecraret C. Talentis ampliorem as the same Xenophon records 2ly Lands purchased with the spoils and appropriated consecrated for ever to the worship and service of Diana 3ly A Temple and Altar built with part of the spoils for her worship and honour 4ly Tithes annually consecrated and to be paid for ever to this Temple by Xenophon and the possessors of these lands out of the profits venison and game thereof for the maintenance of her worship and Feastivals as the former words and this passage farther evidenceth Earum feriarum municipes finitimi tam viri quà m faeminae participes erant sumministrat eis Dea qui agitant convivia farinas cum panibus vino pecunia bellariis 5ly Repairs of this Temple from time to time out of the residue of the profits of these Lands 6ly An imprecation of divine revenge upon the Neglecters or refusers of the due payment of these annual Tithes to Diana and of the residue of the profits towards the reparation of her Temple The seventh is the memorable domestick President of Cedwalla one of our West-Saxon Kings who though a Pagan and great Plunderer even before he became a Christian or was baptised was so pious that he gave the Tenth of all his Spoyles of War and Plunders unto God about the year of our Lord 686. Which William of Malmesbury thus records Arduum memoratu est quantum etiam ante Baptismum inserviret ut omnes manubias quas jure praedatorio in usus suos transcripserat Deo decimaret In quo etsi approbamus affectum in paying Tithes improbamus exemplum in regard of his plundering Yea our venerable Beda records that such was his transcendent liberality and bounty to Gods Church and Ministers that after his Conquest of the Isle of Weight he gave to Walfred and his Clerks for the Lords use the fourth part of the Island to wit 300 Plowlands of 1200. and the fourth part of the Spoyl thereof in performance of his Vow made before his regeneration in Christ that if he conquered the Isle Quartam ejus partem simul et praedae Deo daret Let Iohn Canne with all the several irreligious Sects and Sacrilegious Regiments of our present Tith-Oppugners Detainers Substracters seriously consider these Pagan Presidents to inform their Judgments reform their practices lest they rise up in judgement against them here to their temporal and hereafter to their eternal condemnation And if after due meditation on them their Consciences shall not secretly check censure condemn them for substracting their Tithes from God himself and his faithfull Ministers as well as some of these Pagans Consciences did them for detaining their Tithes from their Idol-Gods and Priests against the Law of Natures dictate engraven in their hearts but still pretend Conscience against the due payment of them and that out of their Gains or Spoyles of War as well as their other increase they have just cause to fear and others to suspect that their Consciences are most desperately cauterized and the Law of Nature more dangerously obliterated out of their hearts than out of these Idolatrous Pagans 5ly Agobardus who flourished Anno 830. lib. de Dispensationâ— c. Rei Ecclesiasticae contra Sacrilegos p. 266. Hugo de Sancto victore Erud Theol. de Sacramentis l. 1. parte 12. c. 4. lib. 2. part 9. c. 10. part 10. c. 5. and Annot. Eluc in Genes c. 4. Petrus Commestor Hist Scholast in Genes c. 26 Petrus Blesensis Epist 82. Gerold Bishop of Oldenburge in his Epistle to the Inhabitants of Wagria Helmoldus Hist Sclavorum p. 92. positively affirm and since them Sir James Semple in his Sacriledge sacredly handled Stephen Nettles in his Answer to the Jewish part of Mr. Selden and Mr. Richard Mountague in his Diatribae p. 211. to 250. largely argue and aâ—â—ert That from the beginning of Mankind Tithes were instituted and appoint to be paid by God who instructed Adam himself and he his two Sons Kain and Abel and they their Posterity to pay Tithes and First-fruits to God of all their Increase That the First-fruits Abel offered unto God were no other but his Tithes or the Tenth of his Flocks increase That the sin of Cain causing God to reject his Offering was this That he offered to God the worst and lesse than the Tenth of the Fruits of the Ground giving him not the full proportion of the TENTH and best of his Increase as Abel did which they ground on Gen. 4. 7. thus translated by the Septuagint whom Philo the Jew and the Greek Fathers generally follow If thou offer Rightly and DIVIDE NOT UPRIGHTLY in giving me my TENTH thou hast sinned hold thy peace and on Hebr. 11. 4. by Faith Abel offered unto God 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which the Vulgar Latin renders Plurimam Hostiam other Translators Vberius Sacrificium and the English A better or more excellent Sacrifice and that for quantity as well as quality than Kain This I thought â—it to mention as a probable conjecture not an infallible verity To back this opinion Robert Grosted our learned Bishop of Lincoln in his Book De Cessatione Legalium written about the year 12 â—â— p. 95 96. determines Lex naturalis exigit ut Benefactori de Bonis â—uae gratis dederit gratis rependatur honor veneratio unde Decimarum oblatio de Lege est naturali quia de bonis acceptis cum debeatur lege naturali repensio honoris minus quà m pars minima id eâ—â— Decima quia ultra Denarium numerus non est rependi non potest Master Mountague in his Diatribae Chapter 3. page 245 246 247 c. Doctor Sclater Dr. Tilleâ—ly and others observe That God only wise being a God of Order
being but â—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 alonâ— 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 â—â—tified aâ— not only sacred and divine but as such a most â—â—â—t wâ—â—e equal excellent incomparable way of maintanance invented by the most wise God which cannot be matched much lâ—sse amended exceeded by all the policy wit oâ— wisedom of men being a most certain standing unvaâ—iâ—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 quâ—â—apaâ—â— 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 Keâ—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 recupeâ—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. â—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 auâ— similâ—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
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 â—â— 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 Moâ—â—o 7ly That ouâ— 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 Câ—ronicon Johannis Brompton Mr. Lambards Archaiâ—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 Oâ—â—a An. 787. of famous King Alfred Anno 787. of King Alfred and Gutburn the Dane cap. 9. De Decimis Deo Debiâ—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 Aetâ—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
Pirates And therefore this clamourous Objection against Tithes should have no more weight with Wisemen to suppress them than their idle clamour against all old Legal Customs Rates and Duties for the necessary defence of the Sea and Trade to abrogate them altogether to the ruine both of our Traffique Navy and Merchants too that pay them 4ly This Objection is directly made against the providence wisdom and policy of God himself who prescribed Tithes amongst his own people out of all their Tillage and Improvements and knew it would be no impediment to them his Blessing promised to their payment of Tithes being a greater improvement to them in their Crops than all their extraordinary cost and pains amounted to Wherefore it can be no impediment or discouragement to any real Saints good Husbandry or Improvement now who deserves to reap no benefit by his Labour or Improvements if God himself shall have no share or portion out of them for the maintenance of his publick worship and Ministers 5ly If there were any truth or strength in this Objection yet it extends not unto all tithes but only to such as are paid out of extraordinary chargeable Improvements as to make mere barren Heath Ling and Sands out of which no former profitâ— naturally grew manurable for Corn or Pasture Tillage and Meadows Woods out of which most predial Tithes arise So there is a sufficient remedy against this pretended Mischief already provided in the best and strictest Statute made by the best of our Protestant Kings for the true payment of Tithes at the beginning our Reformation when Popery was banished in the Parliament of 2 E. 6. c. 13. which provides That all such harren Heath or waste Grounds which before that time have lyen barren and paid no Tithes by reason of the said barrenness and now be or hereafter shall be improved or converted into ar able Ground or Meadow shall from henceforth after the term and end of seven years next after such Improvement fully ended and determined pay Tithe of the Corn and Hay growing on the same and be discharged in the interim as the words import and our Judges have expounded it All which considered this Objection must be henceforth exploded and LEVELLED to the ground Now because I find a clear Design and Endeavour in sundry Anabaptists Officers Souldiers if they cannot prevail to put down Tithes upon other pretexts yet to rob the Ministers of them at present if not in perpetuity upon this pretence to sequester and convert them to the use of the Army for the pretended ease of the people in their future taxes I shal for the cloze of this Proposition and prevention of this detestable impious Sacrilegious plot against our Ministers and Religion too propound and answer all such specious Arguments Pretences as may be produced by them to delude the people veil over the execrable Impiety and take off the odium of this prodigious Villany First they may and will suggest that they have some antient punctual Presidents to warrant countenance justifie this their Project As namely the practical example of Charles Martel King of France who about the year of our Lord 730. as the Marginal Authors report having perpetual wars and seldom or never peace in his Kingdom Ideo res Ecclesiarum suis Militibus in stipendium contulit maxima ex parte did thereupon bestow the Lands Revenues Rents and Tithes too as the Act of Restitution with others prove of Parish-Churches Monasteries Bishops Deans and Chapters upon his Souldiers for their Pay and Arrears for the greatest part And surely upon a very Godly and just reason as John Canne and some Army-Officers will swear thus expressed in his Decree recorded in Goldastus and Mr. Selden ut subveniatur necessitatibus Publicis et Salariis Militum pro Dei Ecclesiae bono statu Reipublicae uniuscujusque propria pace pugnantium That he might relieve the Publick Necessities and pay and reward the Souldiers fighting for the Church of God and the good of the State of the Common-wealth and the proper peace of every one as our Officers and Souldiers now say they do And is it not then most just they should have all the Lands Glebes and Tithes of the Church King Common-wealth and of every particular Person too who have fought all this while for them and their defence To this they may chance to adde the President of the Templers and Hospitalers who being no part of the Clergy but Religious Souldiers imployed only to fight in the defence of the Church were by special Bulls and Grants of several Popes exempted from paying any Tithes at all to any Ministers out of the Lands belonging to their several Orders Because they fought for the Church against her Enemies as Turks Saracens and other Infidels Therefore there is great reason equity all our Officers and Souldiers who have lately fought or are now or hereafter fighting for the Church against her Enemies and Malignants should be totally and finally discharged from paying any Tithes at all out of their Old or New Purchased Lands Leases Cattel Estates Spoyls Pay or other increase Besides most of our Army Officers and very many of the Souldiers are extraordinarily gifted inspired from Heaven and constant Speakers or Preachers transcending all Black-coated Ministers yea the undoubted new Ministers and Priests of Jesus Christ as many deem them So as they may be truly stiled a chosen Generation a Royâ—â— Priesthood yea Army of Priests being made Kings and Priests by Christ himself to God the Father as John Canne hath published in his Voyce p. 24 27 28 29. Therefore they may not only enter into our Ministers Churches Pulpits and dispossess them of them as he there asserts and presseth them to put in execution but be capable in right equity justice to receive all their Tithes to their own use Nay one step more John Canne in his Voyce p. 27. thus peremptorily concludes I will affirm and abide by it since it hath pleased the Lord to draw out the hearts of some Souldiers and others who were never brought up at Universities to learning publickly to preach which is not above 10 or 12. years the People of this Common-wealth have had more true Light and glorious Discoveries of Christ and his Kingdom than all the Nations Ministers ever before made known to them since first they took their calling from the Sea of Rome till this Day On the contrary the greatest Heresies and Blasphemies which have been in the world have been broached by Ministers and Scholars whereas Lay-men at the same time have been sound in the Faith and zealously earnest against such abominable Doctrines Therefore there is just ground that both our Vniversities and all Colleges for Advancement of Learning should be suppressed as the very poyson bane subversion of Religion Church and Common-wealths as some Souldiers and the Anabaptists generally deem them and their Lands as well as Bishops Deans
they proceed as Canne would have them to usurp our Ministers Office Rectories Glebes Tithes Churches to themselves and Suppresse our Ministers Churches Parishes as Antichristian I shall then justly suspect and others will confidently conclude they are the very Army of Priests prophecied of by Pope Gregory who shall forcibly usher and bring in Antichrist the King of Pride who exalteth himself above all that is called God or Worshipped that is above Kings Lords Parliaments and all Civil and Ecclesiastical Powers whatsoever as Expositors resolve into our Church and re-establish him in his Throne 8ly I never read in the Old Testament or New that Christ Authorized Commissioned or sent out any Captains or Souldiers to preach the Gospel or made choyce of such to be his Apostles and Ministers of the Gospel Surely had this been a part of their duty as Christian Officers and Souldiers John Baptist Christs forerunner would have instructed those Souldiers who came purposely to and demanded of him what shall we do in another manner than he did and said unto them Go and preach the Gospel and instruct the ignorant Souldiers and people publickly where ever you quarter in the first place and then Do violence to no man and accuse no man falsly and be content with your wages The only precepts he gave them Which our Army-Officers and Souldiers since they turned Preachers have much forgotten and neglected I read of 2. devout Centurions in the New Testament eminent for their faith piety Charity and of one devout Souldier yet neither of them a publick Preacher The first of these Colonels or Centurions built a Synagogue for the Jews and others to meet and preach in who were Priests and Ministers but I read not he ever preached in it publickly himself The latter Centurion is thus characterized Acts 10. 1 2. That he was a devout man and one that feared God with all his House which gave much Alms to the people and prayed to God continually but doubtlesse he never preached for then it would have been there recorded that he preached continually as well aâ— prayed Yea he was so far from this that when the Angel of God came to him in a vision he sayd Thy Prâ—yers and thine Alms not thy preaching therefore he preached not at all or if he did God accepted it not but disliked it as against his word and will are come into remembrance before God And now send men to Joppa and call for Simon Peter he shall tell thee what thou oughtest to do Whereupon he presently sent two of his Servants and a devout Souldier continually waiting on him but not on preaching for the Apostle Peter to preach to him his Friends and Family who repairing to him Cornelius goeth forth to meet him falls down at his feet worshippeth him talks with him brings him into his House where many were come together relates his vision to Peter mentioning again his Prayers and Alms but not his preaching concluding thus Now therefore are we all here present before God TO HEAR not preach all thingâ— that are COMMANDED THEE of God Whereas some Centurions Colonels Captains and Souldiers of this Age if Peter himself should come to their Assemblies or Quarters would be readier to teach and preach to him than to hear him and apter to be his Teachers than Auditors as these only were After which Peter preached to him and his company I find another sort of Captains and Souldiers in the New Testament Who went out and apprehended our Saviour Jesus Christ mocked him derided crowned his Head with Thorns stripped him of his Rayment put him on a purple Robe bowed their Knees before him in scorn saying Hayl King of the Iews blindfolded and then strook him with their hands and bade him prophecy who smote him guarded him to his Tryal carried and nayled him to his Crosse crucisied him between two Theeves pierced his side with a Spear gave him Gall and Vinegar to drink parted his Garments amongst them cast lots upon his Vesture and would have broke his Legs but that he was dead After which they watched and guarded his Sepulchre took large Mony of the Priests to smother the truth of Christs Resurrection by reporting a Lye that his Disciples came and stole him away whiles they were asleep who TOOK the mony and did as they were taught and are branded for ever with this Epiphomena These things therefore the Souldiers did After which some of this rank of Officers and Souldiers by Herods command killed James the Brother of John with the Sword apprehended imprisoned chained and most strictly garded the Apostle Peter in order to put him to death the next day but that the Angel of God miraculously delivered him Others of them apprehended bound and would have scourged Paul garded and carried him from prison to prison and when he was sent Prisoner to Rome when the ship was wracked and their lives saved only for Pauls sake they gave the Centurion counsel to kill Paul and all the other Prisoners lest they should escape from them by that wrack These Souldiers no doubt were truly Antichristian and if the Tree may be judged and known by its Fruits and Souldiers by their Actions and Intentions I doubt there are far more of this later sort than of the first in this Age and if John Cannes Voyce from the Temple be imbraced for Gospel in every point by the whole Army no doubt they will then be all of this later rank not the Ministers and Soldiers of Jesus Christ but of Antichrist alone and the Crucisiers of Christ again in his faithfull Ministers and Members which I desire them all sadly to consider 9ly Admit them to be made Kings and Priests to God the Father by Christ in a spiritual sence as all the Elect Saints of God are will it thereupon follow that they may all lawfully preach in publick administer Sacraments and exercise the proper Function of Priests and Ministers If so then by the self-same reason they may all lawfully exercise the office and power of Kings as well as of Priests as some of them do in the highest degree beyond all Presidents of any our Kings before them and so under pretext of suppressing our Monarchy and one sole King as dangerous and pernicious we shall have now no less than an whole Army of Kings to rule and reign over us and to engross not only all the old Kings Lands and Revenues but the greatest part of the Peoples far surmounting of a Million or two each year in Contributions and Excise to support their new Royal State and Dignity as well as an Army of Priests who have and would swallow up our whole Churches Revenues Glebes Tithes Patrimony and our Ministry too for to support their new Evangelical Priesthood that so they may resemble both Christ and Melchisedec in their Kingly and Priestly Offices united in one Person though not in the Title of their Kingdom as
the Apostle interprets it Hebr. 7. 2. being by Interpretation KING OF RIGHTEOUSNESSE and after that also King of SALEM which is KING OF PEACE which Souldiers who make a gainfull Trade of War and Rapine delight not in 10ly I do affirm and will abide by it that since the time some disguised Popish Priests Jesuits Sectaries Hereticks Anabaptists and other Seducers rather than the Lord drew ouâ— the heart of some Souldiers and other Mechanicks in truth or disguise publickly to preach the People of this Common-wealth have had more abominable false damnable atheistical Antichristian Heresies Errors Blasphemies New Opinions and old exploded Heterodox Heresies and Tenents of all sorts whatsoever against the very Essence Nature Attributes of God himself the three sacred Persons in the Trinity the Old and New Testament Law Gospel all the fundamental Articles of Faith and Salvation the Sacraments Ministers Ordinances of God and practical publick private Duties of Piety and Christianity under the Names and specious Titles of New Lights and glorious Discoveries of Christs Kingdom broached by Souldiers and Lay-Preachers than in all the times since the Gospel was first preached in this Island and more than ever any one Age Church Nation or all our Ministers put together since the Creation till now were guilty of and these publickly averred both in Presse and Pulpit and the Authors of them exempted from any corporal or pecuniary punishments by the Civil Magistrates by the avowed printed Positions and Proposals of the General Council of Army-Officers and Souldiers in sundry Papers For full and infallible proof whereof I shall remit the Reader to Mr. Edwards Gangrenaes the Catalogues of the Heresies Blasphemies Errors collected by the London and Devonshire Ministers the Stationers Beaconfired and New Law p. 78 97. Which stiles Heaven Hell the resurrection of the Flesh a Dream of our Preachers The History of the Scripture an Idol c. And all this by the malice of Satan the underhand practices of Jesuites and our Popish Adversaries to defame ruine our Church Ministers Religion seduce thee to Popery Atheism and reduce us back to the Antichristian Tyranny of the Sea of Rome as I have largely manifested in the fifth Chapter Whereas Canne cannot charge our Parochial Ministers and Presbyterians with any such Blasphemies Heresies Errors as those he pleads for are guilty of in the highest degree nor with those Jesuitical treacherous perfidious sacrilegious unclean beastly ranting unrighteous prophane atheistical Innovations Practices Rapines Usurpations as they have plunged themselves into over head and ears without any Conscience or dread of God or Man 11ly What that more true Light and glorious Discoveries of Christ and his Kingdom made known to the people of this Common-wealth within these 10 or 12. years by the publick preaching of some Souldiers and Laymen exceeding all the Nations Ministers ever made known unto them before are is concealed by Canne and unknown to me or others unless it be the flat atheistical denyal of God of Christ and all his Offices of the Holy Ghost Scriptures Sacraments all publick Ordinances in the Church of all Kings Princes Parliaments lawfull Magistrates Laws Oaths Vows Covenants Protestations Engagements by many of them in their words writings and most of them in their works with their Jesuitical positions plots practices recited in the fifth Chapter And if these be not true infernal Darknesse and clear inglorious Discoveries of Antichrist and his Kingdom in the highest Degree that ever yet appeared amongst the people of this Common-wealth let the fifth Chapter with the positions and practices themselves compared with the Old and New Testament determine 12ly The decrying of our Vniversities Colleges Schools of human Learning Innes of Court and some mens endeavouring to seise upon their Lands and Revenues for the Armies use is no doubt a Jesuitical Papal plot to extinguish the light of our Knowledge both Divine and humane by puting out the Eyes of our Nation that so Jesuitical Popish darkness might over-spread our Church and State and so the blind leading the blind in both they must fall into the Pit of Destruction in a moment It is storied of Julian that blasphemous Apostate and professed Enemie of Christ and Christian Religion That he suppressed all the Schools of Christians prohibiting by general Laws and Decrees that any should profess practice or study any Arts or Sciences in any Schools that so they might become and remain Ideots without learning and so be insufficient and unable to preach the Christian Faith oppose or refute any Pagan or other Errors Blasphemies against the true God and his worship devising by all means possible whereof this was one of the Principal TO MAKE WAR AGAINST JESUS CHRIST and extirpate Christianity without shedding any Christian blood finding by experience that the Christian Faith and Christians were greatly increased by the torments and blood of the Martyrs So that bloody Apostate from and Persecutor of the Christian Faith Lucius the Emperour as he ruined the Churches Temples he commanded to be built for Christ cast out of his House Service and all Offices and place of Command whatsoever he that was a Christian commanded all those Christians to be slain who would not adore his Idols prohibited all Assemblies of Christians either for worship or consultation so he was such an Enemy to Learning that he named the same as some do now A Poyson and common Pestilence and the Overthrow of Common-wealths and especially the knowledge of the Laws And thought no vice worse became a Prince than Learning because he himself was unlearned and thereupon prohibited Schools and Meetings for Instruction Whereas on the contrary Constantine the Great and all other Godly prudent Christian Emperors Kings and Princes founded Schools of Learning and Universities in all places encouraged and advanced learned men of all Arts and Professions especially Divines Lawyers and Philosophers well knowing that Learning was the principle means to promote Religion and the glory honour wealth and greatness of any Nation more necessary than any Arms or Souldiers and the chief means to preserve them from Idolatry Superstition Confusion ruine We may therfore clearly discern whence the present Outcries against our Vniversities Inns of Court Schools of Learning and all human learning proceed even from desperate Apostates from true Religion and Gods Church and those who would erect a New Babel of Confusion amongst us in Church State and thereby build up the demolished walls of the Romish Jericho within all our Dominions For proof whereof I shall transcribe this notable passage of our famous learned Bishop Jewel in his Sermon on Joshua 6. in his works in Folio p. 167 168. which is very pithy learned and satisfactory omitting all others Now to stay the restoring of Jericho many good waies may be devised The 1. maintenance of Schools and Learning That Learning and Knowledge is able to hinder the Building of Jericho is so plain that it needeth no
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 Siâ—ulus Bibl. Hist p. 622 781 782. Dion Cassius Rom. Hist p. 589. Justini Historia â— 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. â— 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 auâ—ert proculdubio Sacrilegium committit Caecus enim est qui ista non videt c. Si ergo amico quippiam râ—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
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 hâ— 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 Offâ—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 Utenâ—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 oâ— 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 oâ— dead till after such Satisfaction given Because who ever violently takes away his Neighbours money commits Iniquity but Sacrilegious persons are not only Thèeâ—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 Vâ—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
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 Tentâ—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 gâ—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 Detaineâ—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 Jewisâ— 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