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A88103 Exceptions many and just against two injurious petitions exhibited to the Parliament· The one Iuly 16. The other Aug. 4. 1653. Both of them not only against tithes, but against all forced or constrained maintenance of ministers, examined and found many waies faulty against piety and justice, and as such now discovered, by Theophilus Philadelphus. Ley, John, 1583-1662. 1653 (1653) Wing L1878; Thomason E712_17; ESTC R202718 51,137 63

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the supreame government 4. Of the present Parliament they say that the same God who hath pulled the former Parliament downe hath set them up not to rule for themselves but for the people of God not to seek their own but the honour of Christ Wherein their words be good and if their meaning be no worse they may passe without exception But if they mean themselves only or their own party to be the people of God and their Petitions though most unrighteous and unreasonable as this is must sway the votes and determinations of Parliament their opinion is a meere deceipt and their expectation I trust will be deceived Petition 5. For themselves they say We can doe no lesse then hope and pray that the spirit of the Lord may fall downe upon you and teach you to rule after the heart of Christ to whom we make hold to make this humble addresse not to interrupt your weighty affaires or as misdoubting your wisdome and faithfulnesse But to shew you how our hearts owne you as our Parliament and to confess we dare not neglect our Assistance to the great worke of the Lord though it be but in being your remembrancers of what you have proposed to us in your late Declaration to the breaking of all our yoakes and removing all our burthens at which our soules joy and to keep warme the breathings of that spirit we humbly crave leave to spread before you one grand burthen under which we have groaned till our hearts ake ANSWERE Which words may be resolved into these particulars 1. Their professed 1. Good opinion of the Parliament 2. Great affection to the Parliament 3. Zeale for the Parliament 4. Their joy in the Parliament 2. Their own sad condition by the grand burthen of Tithes under which they groane untill their hearts ake 1. For the First their good opinion of the Parliament They make no doubt of their wisdome and faithfulnesse 2. For their great affection to the Parliament they desire by this to shew how they own them as their Parliament 3. Their zeale for the Parliament in praying that the spirit of the Lord may fall downe upon them and teach them how to rule after the heart of Christ 4. their joy in the Parliament for their Declaration to break off all their yoakes and remove all their burthens 1. For the First we think so well of the Parliaments wisdome that they need not the advice of these petitioners and their faithfulnesse that they will not be corrupted by their sollicitations to act otherwise then according to the rule of piety and Justice 2. For the Second their hearts owning this Parliament that 's somewhat for some great enemies to Tithes have taken the boldness to tell the World in print that there hath been no Parliament since there was not a King to parly withall But not much for it may well be suspected as was observed of the other petitioners that it is with an implicit condition that the Parliament own them and their cause as they represent it under the notion of oppression by payment of Tithes 3. For their professed zeale in praying for the Parliament that the spirit of the Lord may fall downe upon them and teach them to rule after the heart of Christ we say Amen to this prayer only with this addition that the spirit of God and heart of Christ and the word of God and Christ may all work together for their guidance and direction both in their consultations and conclusions 4. Whereas they professe their joy in the Parliament for their Deolaration to breake all their yoakes and to remove all their Burthens Wee question whether the Parliament in any Declaration hath specified Tithes to be a burthen or a yoake we believe they have not nor can they on the suddaine take off all burthens while there is so great a necessity to maintaine a fighting Navie by Sea as well as an Army by Land 2. The other part which is the close of their prologue or proem to their proposall against Tithes is their sad condition by that grand burthen under which they have groaned till their hears ake besides what wee have observed before of the burthens on the back and yoakes on the necks of Gods People and of their groanes and cryes Wee shall here touch only at two things the one is how such Joyes as but now they professed and such groaning and aking of the heart by the grand burthen not yet mooved can agree together The other is that suppose Tithes were a burthen they may bee mistaken in the weight of it and I think many are so who when Warrs and plunder have impoverished many obstructions of Trade beene an hinderance to the recruiting of their state and great payments have oppressed them by the clamors of such as these Petitioners put all their aggreevance upon the Score of Tithes which without the other detriments would never bee matter of complaint to any but to such as are wayward or covetuous Thus much of their Prologue their Epilogue is but short no more but this upon the granting of their request your Petitioners shall owne the Lord in you and Blesse the Lord for you and Pray and hope and wayt to see your hands stretched out for the Lord till you shall helpe to teare the Flesh of the Whore and burne her with fire If they put downe Tithes and all forced maintenance and set up nothing like it in stead thereof then they will owne the Lord in them and blesse God for them what not otherwise if the Lord be and appeare in them will they not owne him but upon their owne conditions we see nothing in their Petition that may induce us to conceive their sence to be any other then hypotheticall But what o they meane by Praying and Hoping and Waighting to see their hands stretched out for the Lord till they shall helpe to teare the Flesh of the Whore and burne her with fire What Whore do they meane whose flesh shall be torne and what tearing burning if they meane by the whore o Ioseph Salmon in his Book of Antichrist in man that common whore not commonly knowne untill a late writer made discovery of her calling her the whore the Babilon the Antichrist in man that is the fleshly Wisdome or carnall pollicy of the Creatures as he extends the Word that is no worke either for this or any other Parliament if they mean as most of the Orthodox Protestants hold the Antichrist of Rome and so far their words their hands stretched out till they shall help to teare induce us to stretch fanaticall fancy by tearing and burning her the utter ruine of that Arch-enemy of Christ Revel 17.16 To which place they allude though cat they say teare the flesh how is it like to be done by any acting of this Parliament which is limited for its sitting to the space of a yeare and a little more and then what an abuse is this of the holy Word of God the holy practice of prayer and the venerable Assembly of the Parliament to seale or shut up their suits unto them with such a fantasticall conclusion The Acceptance of their Petition THat I may not make an end or take my leave of my Reader with such a distastfull folly I will make up my last period with the Parliaments acceptance of and answer unto these importunate Petitioners which is set downe in this sort The Petitioners called in and being come to the Barre Mr Speaker by command of the House returned them this answer p Mercur. Pol. num 165. p. 2636. Gentlemen the House doth take notice of your good affection to the Parliament and hath commanded me to tell you that the Businesse in your Petition shall be in due time under consideration and the House will doe therein as the Lord shall direct them Wherein they shew their civility by their smooth courteous answer to so rough and rigorous a Petition their wisdome in accepting of their affection as it was pressed not of their Judgment and in that they would not rashly but upon due consideration returne an Answer and their Piety in that they resolved to doe there in as God shall direct them Now the God who standeth in the Congregation of the Mighty Ps 28.1 Observing both what they doe and with what minds and to what ends they act direct their councells and debates to resolutions of Piety and Justice that they may not doe unjustly by the misguidance of false information or corrupt affection nor accept of the persons of the wicked for feare or favour or reward v. 2. But Defend the Poore and Fatherlesse doe Justice to the afflicted and needy v. 3. Defend poore and despised Ministers who are as Fathers having none of their Tribe as heretofore in places of Anthority as Fathers to Protect them Deliver the poore and needy out of the hand of the wicked v. 4. Deliver those that are Poore from their Poverty by supplying them with meanes of comfortable subsistance by keeping those that are not poore that the hands of the Wicked may not impoverish them and good Lord make the Rulers whom thon hast set over us Rich in Grace Heroick in Spirit to act for thee thy cause thy truth thy Church and all faithfull Pastors who feed thy flock that they may be fed with that portion which thy gratious Benificence hath provided for them FINIS
sort of men pretending to any Religion true or false to any Parliament that ever this Nation had whether Popish or Protestant or of what denomination soever old or new yet they call themselves not only the well affected but the Godly for the Petition runnes thus That the Antichristian burthen on the Godly may cease and their next words are that we may not be ensnared h Godw. of Rom. Antiq. l. 4. c. 6. p. 275. Fairefall their petitioning predecessors and Country-men of Kent who when they presented their desires to the last Parl. For the taking away of Tithes i The resolution of the doubt cited at the letter R. p. 7 8. professed their good meaning to establish a sufficient maintenance for Godly and well deserving Ministers yea a very good meaning to extend it so farre as to succor and provide for their Widdowes and Fatherlesse Children which was the eighth proposition of their new project yet the Parliament though they civilly entertained the Petitioners telling them that they took notice of their good affections to the publique sent them away with a charge that Tithes were paid according to Law And their Petition so farre as it was against Tithes was found many waies faulty and was accordingly k See the resolution of the doubt touching alienation of Tithes annexed to Sir Henry Spelm. larger Treatise of Tithes Printed 1647 from p. 7. to p. 22. refuted in Print Thus much for the proposall or request to the Parliament Now we are to observe by what inducements they indeavour to prevaile which they set downe partly as a Prologue partly as an Epilogue to their petition forementioned their prologue in these words Petition Though the Kings of the Earth have been unwilling that the annoynted Iesus should Raigne yet the observation of the out-goings of the most high in these later daies causeth your Petitioners to believe that the day of the accomplishment of the promises on that behalfe of the Sunne of Righteousnesse is dawned if not approached very neere its noone who is weary alwaies to behold the burdens on the backs the yoaks on the necks and to heare the groanes and cryes of his people wherefore he hath powred forth a spirit which hath encountred and vanquished our open oppressors and powred contempt upon those who were but partiall deliverers The sunne of whose power set a noone because it ripened not the desires and Petitions of Gods people by a favourable influence but suffered their hopes to blast after so many promises and protestations and so much expence of Treasure and bloud The same God who hath pulled them downe hath set you up but not to rule for your selves but for the people God not to seeke your own but the honour of Christ and wee can doe no lesse then hope and Pray that the spirit of the Lord may fall downe upon you and to teach you to rule after the heart of Christ to whom we make hold to make this humble addresse not to interrupt your weighty affaires nor misdoubting your wisdome and faithfulnesse but to shew how our hearts owne you as our Parliament and to confesse we dare not neglect our Assistance to the great worke of the Lord though it be but in being your remembrancers of what you have proposed to us of your desires in your late Declaration to the breaking of all our yoakes and removing all our Burthens at which our Soules joy and to keep warme the breathings of that spirit we humbly crave leave to spread before you one grand burthen under which we have groaned till our hearts ake ANSWERE IN this part which is a large porch to a little pile of building their discourse is made up of five sorts of persons 1. The Kings of the earth 2. The annoynted Jesus 3. The late Parliament 4. The present Parliament 5. The petitioners themselves 1. Of the Kings of the Earth they say that they have been unwilling that Christ should raigne which is true enough not because they say so but because we read so the Kings of the Earth set themselves c. the rulers take Counsell together against the Lord and against his annoynted saying let us breake their Bonds and cast away their cords from us Psal 2. v. 2 3. And as true that they would not have him to rule over them shall be destroyed Luke 19.4 27. He shall breake them with a rod of Iron and dash then in pieces like a Potters vessell Psal 2.9 But what is this to the taking away of Tithes were they not Heathen Kings Ps 2.1 Who never received the Law of Tithing who were most unwilling that Christ should reigne over them and were not the most notorious such under whom Christ in his Members underwent those ten most cruell persecutions in the first Centuries in the Christian profession Truly this if it be brought in as any reason or inducement to the removall of Tithes and if it be not what maketh it here is so farre repugnant to all reason that may rather argue thus Constantine protecteth Christs Ministers in their persons in the execution of their offices and of enjoyment of their portions therfore he is willing that Christ should reigne then on the contrary Julian though he suffer them to live permit them to Preach spoyleth them of their meanes mayntenance therefore he is willing that Christ should reigne when as a Learned and Zealous Divine as great an enemy to Popery Superstition as any man l M. Knox. in his Epistle to the Bishopps Ministers of Scotland Printed at the end of S. Hen. Spelm. Appology for his Booke de non Temerand Ecclesiis Of all the persecutions intended against Christ that of Julian was held most dangerous for saith he to kill the Ministers of the Gospell is nothing so hurtfull as to kill the Ministry when men are taken away there is hope others will be raysed up in their places but if the meanes of mayntenance be taken away there followeth the decay of the profession it selfe men doe not apply themselves commonly to callings for which no rewards are appointed and say that some have done it out of Zeale some out of heat of Contention yet in after times it is not like to continue so neyther let any one tell me that a Minister should have other ends proposed to him then worldly mayntenance I know that to be truth yet as our Lord said in the Gospell these things yee ought to have done and not to leave the other undone speaking of payment of Tithes to the Pharises it behoveth them saith he to be paid if not it is not to be expected that men should follow that calling 2d. Person they bring into their prologue Christ where two things are observable 1. His glorious advances towards the height or high noone of his dominion 2. His tender compassion to his people being weary alwaies to behold the burthens on the backs the yoakes on the necks and to heare
Trust may be put into their hands who have as hard hearts to Godly and Orthodox Ministers as these two troopes of Petioners against them 8. If we looke abroad into other Churches of the reformed Religion we may observe besides that we now noted of Holland their sad condition by taking Tithes from them and their just and passionate complaints of their penurious pentions as of Luther in Germany Calvin in Geneva Knox in Scotland For the first Luther saith I have only Nine old sexagenas besides these there comes not an halfepeny out of the City to me or my Brethren There is need of the elloquence of Pericles to wrest litle more from them which if as all is paid with a Malignant minde Ego pro me● Stipendio annuo tantum novem antiquas Sexagenas habeo praeter hos ne obulus quidem aut mihi aut fratribus e civitate accedit Luther Tom. 2. Epist Fol. 131. B. Periclea Eloquentia opus est ut vel pauxillum emumgas quod tamen satis maligne praebetur Luth. in Gen. 31. Tom. 3. Operum at Fol. 33. A. 2. Verisimile est etiam tune neglectos fuisse doctores verbi Ministros quae tamen turpissima est ingratitudo quam indignum est enim fraudare victu corporali eos a quibus animae pascuntur non dignari terrena compensatione a quibus caelestia bona accipimus Calvin comment in Epist ad Galat. cap. 6. v. 6. Videbat Apost ideo negligi verbi Ministros quia verbum ipsum contemnebatur fiert enim nequit si verbum habetur in pretio quin Ministri quoque honeste liberaliter tractarentur deinde his astus est satonae alimentis fraudare pios Minisros ut ecclesia talibus destituatur Ibid. See more of this in his Coment on Gen. 27. v. 32. Calvin saith It is like that then that-is in the Apostles time the Doctors and Ministers of the word of God were too much neglected which is a most vile and filthy ingratitude for how unworthy a thing is it to defraud him of Corporall dyet who feeds their bodyes with Spirituall and not to vouch safe a terrestriall recompence for celestial receipts The Apostle saw that the Ministers of the Word were neglected because the Word was contemned for it It cannot be saith he if the Word be held in good account but the Ministers will be Honorably and liberally dealt withall Besides it is the subtilty of Satan to withhold from Godly Ministers sufficient meanes that the Church may be deprived of the fruit of their Service 3. For Mr Knox of his discontented mind at such a mutation of Ministers maintenance to that which I have observed elsewhere I will adde only this M. Knox in his Epist to the Bishops Ministers of Scotland added at the end of S. Henry Spelmans larger Treatise concerning Tithes Print 1647. How a competence may be provided saith he except by restoring the Church to her Rights that is quite contrary to taking away of Tithes I doe not see what this Right is if I should stand to define and justify it here I should exceed the bounds of an Epistle many of this time have cleared the point sufficiently I could adde much more of his sort but his example is mine admonition not to exceed in that kind Let their misery be a monitory to all Ministers which may be three-fold 1. Not to give any consent or countenance to deprive themselves and successors of that salary for their service which in the wonted way they may receive rather as the blessing of their heavenly Father for such is their maintenance by Tithes then as any Beneficence of man though he be at paine to till the ground Mr Knox in hss Epist to the Bishops Ministers of Scotland Aug. 3. 1571. and at cost to sowe the seed If men will spoile as a Godly and Famous Minister of Scotland said to the Ministers his Countrymen let them doe it at their owne perill but communicate yee not with their sinnes of what strate soever they bee neither by consent nor silence but by publique protestation make this known to the World that yee are innocent of such robberies which will ere long provoke Gods judgement upon the contrivers thereof 2. To commend this cause to God with prayer and fasting that he would be pleased to guide the spirits of the Committee and Parliament so to debate and determine this great doubt and yet no great doubt if it were not for great concupiscence of the World and great slighting of an Orthodox and regular Ministry as may be most agreeable to the gratious will of Almighty God and to happy progresse of the Gospell 3. If any of you single or by associated counsells and endeavours can in any warrantable way hopefully set on foot and prosecute any likely meanes to incline the minds of the Committee and Parliament to establish Tithes ratified by so many Parliaments and never yet condemned by any that your delay not to doe it since they that are on the destructive part are vigilant over all advantages if not violent to advance their project to speedy effect Ob. But have their not been many acts of Parliament wherein the Rights and Revenues of the King Bishops Deanes and Chapters have been confirmed and notwithstanding that are they not now all confiscated alienated and put into other hands Ans They are so but that is because they have taken away the Offices of Kings Deanes and Chapters on which those Rights and Revenues were founded and the foundation digged up the superstruction cannot stand as before But yet the State hath declared none intention to put downe the Ministry and I hope never will doe Ob. But if we appeare zealous in this cause it will be said we are covetous and as we have been accounted contentious with the State for the settlement of them Ans If not content with the 10th we should incroach upon any of the nine parts of the Parishioners they might call us covetous as we may call them f they deny or detaine the 30th from us But it is no covetousnesse for a man in a just and reasonable way to require his owne but rather a matter of duty because if he have not his due he cannot maintaine himselfe and his Family and if he be not carefull to provide for them the Apostle judgeth him a denyer of the Faith and so worse then an infidell 1 Tim 5.8 Nor is the fault of contention to be imputed to Tithes more then to the purchasing of Lands taking of Leases making of Joynters or other conditions of Marriages or then to borrowing and lending or any other civill contracts concerning which more suits are raised then about Tithes and if there were not it is not the fault either of Tithes or of the Minister but the Peoples there being of them in most places tenne who would covetously detaine them for one that will conscientiously pay them And if a man
such a latitude of Christian freedome that they cannot put themselves into so narrow servile relation as tenantshippe beings with it SECT II. THe other motive of prudence to the abolishing of Tithes is that in so ding the Parliament wil ingage the hearts of all the honest and godly people of this Nation who have been bowed downe under the oppression and who being disingaged from Corrupt and selfe interests will chiefly adventure their Lives and States for their preservations and the Nations Peace Where there are two particulars which deserve distinct consideration the one who will be ingaged to the Parliament upon the taking away of Tithes the other how farre they will be ingaged For the first they say all the Godly and honest of this Nation who are bowed downe under the opression of Tithes and disengaged from corupt and selfe interests where they bring in the Godly people with two qualifications of little affinity one with the other for to be disengaged from corrupt and selfe interests very well agreeth with the sincerity of of the most sound hearled Christians but to say that those who account Tithes such a burthen as to be bowed downe under them if they speake it either of all or of greater number of the better sort of men is as hard to be prooved as easy to be spoken for very many truly religious men are rightly informed and well perswaded of the Right of Tithes and pay them as dues to which they are obliged by Justice and conscience and many of the wiser sort of Godly persons account it their priviledge to have the Ministers maintained by Tithes whereto they have an ancient and a legall Rightand that they are not put to it as the Christians are in France to give them pentions out of the nine parts besides the paiment of the Tenth to Popish Priests and hold it a priviledg and liberty of an English Subject if he have a sonne sit for the calling of the Ministry to breed him up to that calling and that when he hath bestowed cost upon his education to that purpose and he is both furnished with gifts and imployed in a Ministeriall office that he should have beneficium propter officium the wages assigned to the work and though the number of Ministrs be much lesse then the rost of the Nation as among the Israelites the Levites were not as some mistake the matter the tenth or twelfth part of the posterity of Jacob but not so much as the sixtith part of the descendants from his Loines yet they are a very considerable part of the Common wealth who in any publique charge pay a bove the portion of other men as hath beeen noted before and have a capacity and opportunity to serve the State more then is incident to the condition of other men not only in the time of peace but of warre also I had it from a Courtier of good credit that the last king when a Cour-chapline * Dr R. was rather popular then Courtlike in his Preaching his Sermon relished more for the Peoples right then of the Kings prerogative that checking him for it told him he looked for as good service from his Clergy in the Pulpit as from his Army in the Field and he meant it not onely by their prayers as his Grandmother did when shee more feared the praiers of John Knox and his Disciples then an Army of 20 thousand * Mr Trap in Acts 10.4 men but by their instructions and perswasions of the People There are yet enough ready to beare witnesse and worthy to be believed in a cause of weight who well remember that the Ministers who have been of a contrary Judgment to these Petitioners in point of Tithes have done such good offices to the Parliament and the Army with the People as to speake modestly without upbrading of either might render them more capable of their protection then of their opposition The other particular is how farre they will be engaged they say they will cheerefully adventure their Lives and Estates for the Parliaments preservation and for the Nations Peace viz. in so doing that is if they will use their serious endeavours that the oppression of Tithes and forced maintenance may be abolished it is much to be feared as before hath been touched that the Petitioners here are not disingaged from corrupt and selfe interests since some of them hope thereby to gaine that which the Minister must loose but for the cōdition of their engagement in so doeing It was held a very politique caution in the 3d Article of the late Nationall League Covenant that they who tooke it were no further bound to preserve and defend the Kings Majesties person and Authority then in the preservation and defence of the true Religion and the Liberties of the Kingdome So that if he set hmselfe against either of these the ingagement did not oblige to his defence so their ingagement being but conditionall in so doing if the Parliament will not doe so as they would have them they are discharged from adventnring themselves or estates for their preservation and the Nations peace there was never such a capitulation put upon any Parliament nor ever was the Nations peace put upon such unequall and unreasonable termes But say the Parliament should assent to their proposall would that content and quiet them would they not moove for somewhat more which the Parliament might conceive to be much worse for the Nations welfare and therefore in prudence and conscience must think it fit to be denied there be some to whom the Answer of Sir Walt. Rawleigh to Q. Elizabeth may be applied who when she asked him when he would give over his begging he told her Majesty not till shee gave over giving So some are of such unstable spirits and boundlesse desires that they make the obtainment of one favour the inducement to moove for another and if they sped in never so many they are all lost in the last wherein their humor is not satisfied But it will be a great deale too much to grant what they moove for in their present Petition for besides the knot for the lawfulnesse of Tithes by Scripture and reason especially for a setled and certain maintenance which cannot be expected without constraint it will not consist I humbly conceive with the prudence of the Parliament after they have incurred the offence of the Royall party by putting downe Kingship the Prelaticall by puting down Bishops Deanes and Chapters the superstitious party by putting downe the Service-Book the Profane party by putting down Stage-plaies December Saturnals commonly called Christmas holidaies and carnall sports and recreations on Sabbath day by gratifying them herein to give just cause of discontent to all Regular and Orthodox Ministers of the Land and to all those who are for a set certain and sufficient maintenance for them which I am confident is the mind of the most and best of all the people of the English
have in them three degrees of comparison malum pejus pessimum whereby I meane not to reflect any offence upon the Reporters but on the matter reported for they who said lesse haply might think they said enough of it except it had been better and he that set it forth more largely meant it may be to give a more compleat character of the spirits and dispositions of the Petitioners for further information and satisfaction of the Reader for which he deseveth thanks Here though the proverb say of evills the least is to be chosen I shall choose the greatest not doubting to fit an antidote answerable to the dimension of the malignity thereof and yet I shall not need to be very long about it since the work for the chiefe part of it is already done in the returne which hath been fitted to the former petition And for the later what I shall say concerning it I shall reduce 1. To the Petitioners 2. To the Petition it selfe wherein I shall distinctly consider 1. What they purpose unto the Parliament 2. By what inducements they would prevaile in their proposall And under these two heads I shall set downe all their Petition in such sort as that though it be brought in by divided Portions an ordinary Reader following the distinct character may so put them together as to make it up into an entire peece at his pleasure 3. After that with modesty and humility I shall speak somewhat of the Parliaments Answer unto that The Title of the Petitioners 1. For the Petitioners though we heare nothing of their number covnted up to thousands as was noted of the former Petitioners yet they are men of account not only such as call themselves as they did the well affected but some of them also Justices of peace ANSWERE THey may be so and yet not have dignity and worth in them to give any reputation to such a Petition it is one of the great incōeniences if not mischiefs which hath ensued upon many revolts from rebellions against the Parliament where in the County of Kent hath not had the least share of guilt that the number of men of eminecy where in they might confide hath been very small for as it was in the first reformation of Queen Elizabeth for want of learned and orthodox Divines there was a necessity to make use of Mechanicall Men out of the Shop no lesse learned thē Popish Priests who attatined to Ecclesiasticall dignities Prebends and Rich Benefices as * Cambd. Hist of Qu Elizab. An. 1559. l. 1. p. 19. Camb. observeth So now in many Contryes such is the scarcity of those whom the Parliament dare trust in offices of authority though some of them whose parentage parts estates gives them a prelation above others constantly adhered to them that they are faine to abate many graines of Weight and worth in High Sheriffs and Justices of Peace more then heretofore and to put in some into these offices who had little else to commend them to any employment of power credit but thē that they were Anti-royalist Anti-prelatists Anti-presbiterians And that these Justices are above all the Anti-ministerians and Anti-decimists they are eo nomine lesse to be valewed and more and more unworthy of their places because as Justices of Peace by ordinance of Parliament they are to relieve Ministers in point of Tithes against such as unduly detaine them from them But be they what they may be were they Justices of the Highest ranke and of the best qualifications that ever acted in those offices such a Petition as they have subscribed would much more disparage them then they could honour such a Petition which now in the Second place cometh to be considered and therein 1. What they propose unto the Parliament 2. By what inducements they would prevaile in their proposall The Petition For the first their motion is That Tithes of all sorts root and branch may be abolished and that the Jewish and Antichristian Burthen on the Estates and Consciences of the Godly may cease and that we may not be insnared with forced maintenance or any thing like it instead thereof ANSWER That Tithes are neither a burthen which any good man should be unwilling to beare nor Jewish nor Antichristian nor a snare to the conscience hath been abundantly shewed in the answer to the Former Petition yet there is something observable in this that was not in that for it more fully expresseth how farre they would stretch the line of confusion and to lay the stone of emptinesse Isay 34.11 upon the Portion of the Ministers viz. Tithes of all sorts Root and Branch may cease and no forced maintenance or any thing like it in stead thereof All sorts of Tithes that is great and small praediall and personall the Tithes of Impropriators as well as of Incumbent Pastors I cannot tell whether in this Latitude they meane the Tithe of the Sea as well as the Land g Resolved that the tenth of all prises taken or to be taken and customarily due to the L. High Admirall be appointed for sick and wounded men Merc. Polit. nu 165. p. 2640. for there is such a Title which the Lord Admirall was wont to have of Sea prizes and is now assigned to succour sick and maimed Souldiers Tith or Tenth by which upon some common offence as the Lot fell every g Resolved that the tenth of all prises taken or to be taken and customarily due to the L. High Admirall be appointed for sick and wounded men Merc. Polit. nu 165. p. 2640. tenth Souldier was to be cudgelled But sure they meane as many as they know of and suspect may put them to any cost or expence They adde root and Branch these words are taken out of the 4th of Malachy 22 23. where God threatens the wicked with burning vengeance which will leave neither root nor branch and those wicked ones are principally they who in the precedent Chapter he had arraigned for robbery in Tithes and in offerings if they had but made one step back and compared the sinne and punishment together they might from both with more prudence and better conscience have taken the Text for a prohibition of them that they should make no motion against Tithes or a commination against them if they did so then have presumed to use that of root and Branch against Tiths either to pluck them up by the root or so much as to croppe their branches After Tithes of all sorts they move against all forced maintenance non induring any thing like it in stead thereof What shall Ministers have no Tithes though by so many titles due unto them no certain maintenance nothing like that Whether their dislike of Ministers or the likeing of their Idoll Mammon which they hope to increase by this saving the ablative doctrine as some call it is hard to say but easy to see that no Petition like this for injustice and impiety was ever made by any