A New Discovery of Personal Tithes, Text

A New Discovery of Personal Tithes · Text

p. 1A NEVV DISCOVERY OF PERSONAL TITHES, Prouing that EVERY Perſon within this Kingdome vſing any Profeſsion, Art, Science, Handy craft, Trade, Merchandizing, Buying, Selling, Bartering any Goods, Wares, or Commodities by which any lawfull Gaines are made, is bound both in Conſcience, and by the Lawes of this Realme, to pay the TENTH part of all his cleere Gaines p. 2(as a due debt) to his Paſtor, Ʋnleſſe ſome, ſpeciall Cuſtome, Compoſition, or Priuiledge of the Place where he liues allowed by Law, exempt him therefrom.

BEfore I enter vponupon the proofe of this Propoſition, I craue leaue to profeſſe 3. things.

1. That my Purpoſe is not here to fall vponupon that Queſtion, (for I make no Queſtion of it) Whether Tithes be perpetually due to the Miniſters of the Goſpell by Diuine Right: nor to fetch any Argument from that Tenet to proue the point in hand.

2. That I intend not the Iuſtification, in point of equitie, of Perſons laying p. 3hold on the Cuſtomes, or Priuiledges of the Places where they liue, to pay little, or nothing: but to leaue their practiſes and conſciences to be maintained by ſuch as are better able to plead for them, and are willing to be entertained in ſo doubtfull a Cauſe.

3. That my chiefe ayme in this diſcourſe is (if it be poſſible) to pull ſundry honeſt Chriſtians out of a damnable ſinne, whereof perhaps many of them neuer dream't; which knowing and conſidering of as I do, I hold my ſelfe bound in conſcience to make Diſcouery thereof vntounto them, leaſt I be guiltie of their ſinne, and their blood.

p. 4The Arguments on which the Propoſition vndertaken is originally grounded, (as I intend now to confirme it,) are drawne from theſe places of Scripture.

1. Corinth. 9.13, 14. Doe yee not know that they which miniſter about holy things, liue of the things of the Temple? And they which waite at the Altar, are partakers with the Altar? Euen ſo hath the Lord ordained that they which preach the Goſpel ſhould liue of the Goſpel.

Gal. 6.6. Let him that is taught in the word, make him that taught him partaker of all his goods.

From theſe Scriptures I deduce theſe foure vndenia…le Concluſions: viz.

p. 51. That God hath as carefully and firmely taken order for the maintenance of the Miniſters of the Goſpel, as euer he did for the Prieſts & Leuites in time of the Law.

2. That their maintenance muſt ariſe from, and out of whatſoeuer the People hauehave by the bleſſing of God vponupon their labours in their ſeuerall Callings.

3. That eueryevery man inſtructed muſt communicate to his Teacher; be the inſtructed mans Calling what it will; and that what hee communicates in this kinde is not a free Contribution, or voluntary bounty, but a due debt impoſed by God.

4. That God hauing thus prouided for the maintenance of the Miniſter, EueryEvery Paſtor performing his duty, p. 6may iuſtly demaund a portion of eueryevery mans goods whom he inſtructeth; and that as his proper Portion appointed by God himſelfe.

No intelligent man durſt abſolutely to deny any of theſe Concluſions, for ſubſtance yet there are who make ſome Q… ſtions, touching ſome pa… ticulars in them, as they are laid for grounds prouing a Tenth due from men vſing Trade, &c.

The Queſtions are Two: viz.

1. Whether, if a Miniſter hauehave a Competencie out of Praediall Tythes: that is, of the Profits of the Ground; A Man that lines by Trading be bound of due to giuegive as much to his Miniſter, p. 7as if he had not ſuch a Competencie from other men? And

2. If eueryevery Tradeſ-man muſt pay; then, whether he be bound to pay a Tenth?

Theſe Queſtions will be beſt reſolued to eueryevery mans capacitie and ſatisfaction, by propounding and anſwering the vſuall Plea's which men make againſt my Poſition.

If a Miniſter (ſay ſome) hauehave a Competent liuing out of Praediall Tithes in kinde, 1. Queſtion, and Plea.or by Compoſition, which he may recouer by Law from ſuch as deale in Husbandry; then, ſuch as liue vponupon Trade, or other Bargaining, or Manu-facture are not bound to allow him more then the Lawes of the Kingdome enioyne; or at p. 8leaſt, not ſo much as otherwiſe they ought.

Anſwere. To this I anſwere thus: viz.

1. Becauſe I deſire to auoide wrangling and tedious diſputes, and to conuince theſe men by their owne Rules; I will, for the preſent, admit, that, if the Miniſter hauehave a Competencie ariſing from Tithes, Tradeſmen are not bound to make a larger allowance then the Lawes of the Realme binde them vntounto.

2. Yet, ſo much as the Lawes require of them they muſt pay, what euer his maintenance ariſing from others amounteth vntounto.

This laſt appeares thus:

1. The Apoſtle ſaith, Let him that is taught out p. 9Gal. 6.6.Gal 6:6of the Word, &c. that is, eueryevery Hee, none excepted; vnleſſe him that hath nothing to giuegive. If others giuegive, and I thinke by that to be excuſed, how doe I obey the Apoſtles precept which excludes none but them that hauehave nothing? If a Miniſter might not require maintenance of the Tradeſman, becauſe hee hath enough from others in Praediall Tithes, it would follow, that if he had a Temporal eſtate of his owne ſufficient to maintaine him, he could not iuſtly demaund any Tithes at all: which I thinke no man (well in his wits) would affirme. For, Who goeth a warfare at any time at his owne charge? Who planteth a p. 10Vine-yard, and eateth not of the fruit thereof? or who feedeth a flocke, and eateth not of the milke of the flocke? 1. Cor. 9.7. EueryEvery man therefore that is made partaker of the Miniſters Spirituals, muſt render Carnals. verſe 11.

2. Admit a Miniſter may by Law recouer a maintenance without the Tenth of the Tradeſmans encreaſe, yet it often happens that a good part of his meanes (if he liue in a Country Towne eſpecially) ariſeth out of the ſmall Tithes and Oblations of the Poore who ſtand in daily neede of Almes from him. In this caſe, will any conſcionable Chriſtian thinke, that ſo long as ſuch petty dues p. 11may be by Law extorted from the poore, he ſhould rather take this courſe to be maintained, then call to rich Tradeſmen for ſuch a portion as may fill vp that Competencie which is made vp by the Poore? Should not thoſe Tradeſmen holde themſelues bound to yeeld him ſo much as that hee may rather be able to giuegive to the poore, then enforced to pull the poore mans bread out of his belly, to ſaue the rich mans purſe?

3. Suppoſe ſuch as vſe husbandry ſhould thinke (as our Taske-maſters would perſwade them) that in reſpect of the liberty of conſcience and equitie, they are free by Gods word from paying p. 12Tithes, and ſo deny payment, as the Tradeſman doth: how then ſhall the Miniſter hauehave his Competencie raiſed?

I know to this it will bee anſwered by a Tradeſman: That the Parliament which hath abſolute power to ſet a part what portion it will of all mens goods for any publique good vſe, hath ordained that Hu…bandmen ſhall yeeld the Tenth of their encreaſe to the Miniſter for his ſeruice: and therefore if the Husbandman deny payment, there is Law to compell him.

True. But of him that would hauehave vsus plead Law to the Husbandman, I demaund; whether hee doe thinke that Lawe of the Kingdome to be equall, and p. 13ſuch as the Husbandman is bound in Conſcience to obey, conſidering that Hee ſeeth Tradeſmen (who ſomtimes with more eaſe get as much in one yeare, as hee with all his toyle can gather in fiue,) take themſelues not to be ſtrictly bound to pay any thing, (as Tradeſmen,) but two pence at Eaſter? And if we vrge them with conſcience, they retort a captious anſwere; Why ſhould not the Magiſtrates conſcience (who hath left vsus at liberty,) bee as good as yours? One of theſe two therefore, muſt bee yeelded and confeſſed; Either the Law of the Land is iuſt, and good; or elſe vniuſt, and without warrant from the Word of God.

p. 14The firſt part of the Dilemma.Firſt, If the Lawe bee graunted to be iuſt, and good in this caſe, then it muſt bee confeſſed that there is both equitie, and ſtrength ſufficient to binde the Husbandman in conſcience to ſubmit vntounto it; and to aſſure the Miniſter that he may with a good conſcience preſſe it vponupon him, if he refuſe it. If there bee any equitie in this Law (as doubtleſſe there is) it conſiſteth in this, that Spirituals doe well deſerue Carnals. And if this equitie will hold to bind the Husbandman when God bleſſeth him with any increaſe, let any man ſhew me a reaſon, why he ſhould pay ſo much of his Carnals for Spirituals; and not the Tradeſman whom God hath bleſſed with Carnals as much, or more.

p. 15If it be ſaid, the Husbandman hath Tithes; and the Tradeſ-man, none. This alters not the caſe in reſpect of equitie of maintaining the Paſtor, in the Tradeſmans iudgement: for he doth not hold Tithes to bee the proper conſtant and fitteſt maintenance of the Miniſters of the Goſpel, by Diuine Right; but ſtrikes in with ſome of the Papiſts, and Browniſts and ſome others of late time (who, herein, daunce all in a ring;) and auoucheth that they are now due vponupon another ground, namely by vertue of the Magiſtrates Law only. Therefore the Tradeſman cannot plead this as a reaſon why in equitie the Husbandman ſhould pay ſo much, and himſelfe ſo little.

p. 16The equitie of the Magiſtrates Law in reſpect of the Husbandman is this. Hee partakes of Gods bleſſing in Temporals, therefore it is iuſt hee ſhould returne vntounto God a portion thereof for the maintenance of his Miniſters who ſow vntounto him Spirituals. Now, this cannot but reach all ſorts of men, ſo bleſſed, as well as any. VntoUnto all men it is commaunded, Honour God with thy ſubſtance, and with the firſt fruits of all thine increaſe. Prou. 3.9. If any thinke, this held only in the time of the Law, or that it was ſpoken only to Husbandmen, let him conſider whether this agreeth not in all points to the Apoſtles peremptory cōmaund more then once preſſed in the p. 17Goſpel, and that not to Husbandmen, but to Citizens and Tradeſmen in the Cities of Corinth, and Galatia.

But the Tradeſman wil yet plead, that his Profeſsion is Caſuall, and he often loſeth more then he gets? Will the Miniſter beare a part in his loſſes?

I anſwere that this Plea becomes none but an earthworme who makes Mammon his God.

For, 1. So doth the Husbandman loſe too, and yet payes Tythes of what remaines: which if hee ſhould not doe, the Miniſter might ſtarue for want of a maintenance iuſtly due vntounto him by the Tradeſmans Rule. So courteous ſome of out hot Profeſſors are to p. 18their Paſtors whom they admire moſt.

2. When the Tradeſman hath no increaſe, he is not bound to pay increaſe: yet is hee ſtill (if he be able) bound to help maintaine his Miniſter, if he be in want. This hee is tyed vntounto by the Rule of Charitie.

3. The Miniſter when hee calles for his gaines, doth not call for them in the way of Partner-ſhip; but as a due for Spirituals, enioyned by Law according to the Word. Although the Law hath ſet out no allowance of any thing but of encreaſe, yet the Miniſter takes no leſſe paines when the Tradeſman looſeth, then when he gaineth. And will the p. 19bountifull Tradeſmā think it equitie, not only (in that caſe) to let the Miniſter worke for nothing; but require him to pay backe part of his iuſt dues formerly receiued; or elſe reſolue not to pay him of his gaines at all: If the Tradeſman ſinke follow in his eſtate that hee cannot ſubſiſt, the Miniſter (I deny not) if he be able, is bound to helpe him; or otherwiſe, to ſtirre vp others to ſupply the neceſſities of their decayed Brother.

4. The Miniſter hath warrant from the word to partake of his increaſe: but the Tradeſman hath no warrant from God o… man to indent with his Paſtor to beare part of his p. 20loſſes, if he will receiue a part of his gaines. The labourer is worthy of his hire. And Spirituals deſerue Carnals whether a man be a gainer or not. And he that is of a contrary opinion, I know not wherein (vnleſſe in outward profeſſion, which makes the matter worſe,) he differs from a Gadarine who loues a good heard of ſwine better then Chriſt. If they looſe their ſwine, let Chriſt goe ſeeke his maintenance where he can get it.

The ſecond part of the former Dilemma.Secondly, If the Lawes of the Kingdome; enacted by the King and the whole Body of the Kingdome, be not iuſt and agreeable to the Word in binding the Husbandman p. 21to payment of Tithes, How can a Miniſter with a good conſcience lay hold on it for his maintenance from the Husb…ndman, ſo as not to neede the Tradeſmans helpe? How can the Tradeſmen ſtand ſtill & looke on their poore Brother too heauy laden, & they (Phariſee like) not ſtoope to eaſe him with one of their fingers? How can they aduiſe, and put their Miniſter to ſue Husbandmen for Tithes, ſo as to carue out his whole maintenance out of their eſtates, and the meane while themſelues ſuppoſe they are not in iuſtice bound to doe any thing; or not to pay in proportion halfe ſo much as the others: and that which they doe, muſt be proclaimed and accounted, p. 22not a due, or iuſt payment, b… a free Contributiō, a gift, a beneuolence which they holde themſelues no way bound vntounto? This is neither agreeable to Religion, nor conſcience, nor Law, nor humanitie: and it would better befit an Atheiſt, then a Chriſtian.

Thus of the firſt maine Plea which Tradeſmen vrge to proue thēſelus not bound to pay any thing (aboue their 2. d.) for their gaines in Trading as a due, where the Paſtor hath a maintenance out of other mens Pradiall Tithes.

2. Queſtion and Plea.But now, ſuppoſe the Tradeſman cōuinced that he muſt pay proportionably to others; yet How can it bee proued to him who denyeth Tithes to be now p. 23due by Diuine Right, that he is bound in conſcience to pay the Tenth part of all his cleere gaines?

He will plead, I giuegive as much and more then the Law enioyneth: as much as I am well able to ſpare: more then many, worth fiue of me, doe allow: as much as I ſuppoſe my ſelfe bound in conſcience to giuegive: and more then my Paſtor can in ſtrictneſſe require, or recouer.

Anſwere. To this I anſwere. That eueryevery mans conſcience may ſtand vponupon a firme ground, it muſt bee guided in eueryevery thing by a ſure Rule. The Rule in this particular, is either the expreſſe Word of God; or elſe the Eſtabliſhed Law of the Kingdome wherein a man liues, to which (if p. 24it contradict not the Diuine Law of God himſelfe,) eueryevery perſon is bound to conforme,1. Pet. 2.13.1 Pet 2:13 as vntounto the Lord, and that vnderunder paine of damnation. Rom 13.2.Rom 13:2Hee that liues in a well gouerned State muſt not walke by the guide of his owne fancie, and conceit, or by the Opinions of ſome Good men, or by the practiſe of ſuch as are behind him in eſtate, and eminent for profeſſion of Religion: but he muſt keepe to his Rule, or hee damnably ſinneth. A good cōſcience, finding ſuch controuerſie about the Miniſters Portion, will ſooner ſuſpect his owne heart of couetouſneſſe, then his Paſtors; eſpecially if the Paſtor be one that performeth his dutie. Nor will he take liberty to ſuſpend his payment p. 25till the Title bee cleared: but knowing ſomething he muſt doe, (yet ignorant, how much;) he will rather giuegive too much, then too little, for feare of enſnaring his conſcience. And, if there be any Rule, hee will follow it to an haire, what euer it coſt him, rather then hazard the peace of his heart.

Suppoſe a man to bee perplexed in conſcience about this point. He ſees a Portion of all his goods is due by Gods Command; nor can hee hauehave any colour of Reaſon, to deny, or euade it. Yet, for the definite Quantitie hee can finde no order, taken in all the New Teſtament, whether it be there to bee found, or not. This hee p. 26knowes; Tithes were once paid not only to Leui, but by Leui in the loynes of Abraham and Iacob. Heb. 7.9, 10. Gen. …8.22.Heb 7:9Heb 7:10Gen 8:22And if God had not commaunded this as a duty: yet thoſe holy Patriarchs thought it their dutie to doe as much voluntarily, for the bleſſings of God receiued. Thoſe Tithes had nothing to doe with Leuies Prieſthood, no reference to it, no dependance on it. Thence a tender conſcience may iuſtly thus reaſon the caſe. Though ſome men hold Tithes to bee no longer due then Leuies Prieſthood endured, and peremptorily deny that before Leui any Tithes were paid by commaund from God; yet I fi…e they were paid, and p. 27accepted: Since men cannot agree touching eueryevery mans particular duty herein, and that Holy men (before Leui) though they had (as it ſeemes to me) no expreſſe Rule did pay the Tenth of all; whether ſhall I flie in this my distreſſe to pacifie and ſettle my Conſcience for time past, and to guide it ſafely for time to come? If there were from the beginning no particular diu ne Rule, nor at this preſent there were any ſuch, for the Quantitie due; yet if I were left to mine owne diſcretion, can I hauehave better Preſidents then two ſuch Patriarcks before the Leuiticall Law? Or may I ſafely, (notwithſtanding thoſe examples, and the iudgement of the whole Church p. 28of Chriſt for aboue a thouſand yeares,) gouerne my ſelfe by the Lawes of the State in which I liue?

I aske now, in the Name of God, how I, or any Man elſe ſhould ſatisfie and reſolue this mans Conſcience in ſuch a perplexity? Will you hauehave mee to ſay vntounto him, as the bloody Prieſts to Iudas; What is that to vsus? Looke thou to that? Shall I tell him, You were beſt keepe your mony till you ſee all men agree herein among themſelues; when he is tortured in ſoule out of feare he hath detained it too long alreadie? Or ſhall I bid him vſe his owne diſcretion, and to giuegive what hee thinkes in Conſcience hee is well able to ſpare, …nd ought to giuegive? This is cold comfort: poore reliefe. p. 29Hee is almoſt at his wits end for truſting ſo much to his owne diſcretion already. This is the ground of his trouble, that hee hath followed his owne corrupt heart, and not any certaine and infallible Rule. And if a Tenth proue due by any Law ſufficient to bind him,See the Aduertiſement to the Reader Num. 5.Num 5 he ſhall but encourage him to ſteale, yea to commit Sacriledge, and many other ſinnes of a high nature who ſhall bid him giuegive only that which hee is well able to ſpare; though leſſe then a Tenth.

The Law of God hath made ſomething a debt to the Miniſter; and, if this Man hath not fully paid that due, it is not what he is well able to doe, that ſhall alwaies ſerue his turne before God, p. 30when he will take vponupon him to be the ſole Iudge to himſelfe. Debts muſt be paid, though the Debtor will not confeſſe himſelfe well able to ſpare them. And to decide, what hee is well able to ſpare, will be a worke as difficult as the other.

None of all theſe waies then will proue ſufficient to direct a doubtful and diſtreſſed Conſcience. Nor doe I know any in the World ſoundly to reſolue, and guide that Conſcience, but one of theſe two: viz. I muſt bid him either,

1. Looke into the Scriptures, and ſearch what hath bin paid of old by the People of God, before the Leuiticall Prieſthood; and rather then enſnare thy ſelfe, follow thoſe Examples till it p. 31be made cleere vntounto thee by ſure Grounds that thoſe Payments were neither enioyned; nor, in equitie, due; nor that any in Conſcience is bound now to doe the like. or,

2. HaueHave recourſe to the establiſhed Lawes of the whole State and Kingdome wherein thou liueſt, (who hauehave abſolute power to appoint and ſet out what Portion they pleaſe of eueryevery mans eſtate for any Publique Vſe, and eueryevery one is bound in Conſcience to render the ſame): And looke what the Lawes (thus ratified) enioyne, that thou muſt doe, or be a Rebell.

Some Mammoniſt, perhaps, ſuſpecting whether he may be drawne by yeelding that to be a Due, which the p. 32Law of the Kingdome hath ſetled vponupon the Miniſter, would bee ready to ſay; I promiſe you, I doubt whether the Magiſtrate hath Power to enioyne Payment of Tithes, ſeeing Good Men, and Great Clerkes hold Tithes to be ſo Iewiſh, and Leuiticall that they were to be aboliſhed together with the Ceremoniall Law; and that the Magiſtrate ſhould appoint ſome other Maintenance. Now welfare Browniſt. What if in the Law, Tithes were Leuites Maintenance, may not that Maintenance be made ouer to another Order of Miniſtry, when Leui was degraded? May not mony once offered at the ſhrine of ſome Popiſh Saint, neuer be lawfully p. 33appointed or imployed to any other vſe? If this were ſound Diuinitie, many of thoſe ill-willers to Tithes ſhould be much more afraid how they touch any mony, but that which comes new from the Mint, leaſt (forſooth) it be ſuch as formerly hath beene offered to ſome Romane Idol, and ſo it ſhould pollute them to vſe it, or touch it. But concerning any thing comming towards them, they aske no Queſtion, for Conſcience ſake: therefore this, in their opinion (though the ſame with the other,) ſhall paſſe for a Toy.

But touching Tithes which is a ſweet morſell that they are loath to part with: Is there any thing in the ſubſtance or nature of Tithes p. 34that Legally typified Chriſt? If there bee, name it, and proue it, and you ſay ſomewhat. Otherwiſe, All you could inferre from that abſurd graunt of Tithes to be ſolely and properly Leuiticall Maintenance, would amount but to this Concluſion; Tithes giuen to Leui for ſeruing at the Altar, may not by any Power of the Magiſtrate bee ſtill continued to Maintaine a Leuiticall Prieſthood.

Howbeit, God, though he hath diſmiſſed Leui, and repealed that Law of Tithes due to Leui; yet hauing appointed, that (as they that ſerued at the Altar ſhould liue of the Altar, ſo) they which preach the Goſpel ſhould liue of the Goſpel; A Godly State (not taking vponupon them p. 35to be wiſer then Hee himſelfe in the old Teſtament: or his Apoſtle Saint Paul in the New) will thus reſolue: Wee cannot poſſibly appoint ſitter Maintenance (all inconueniences conſidered) for Miniſters now, then God did of old for the Leuites; therefore wee will ordaine the ſame Quantitie ſhall now bee paide out of eueryevery mans eſtate to the Miniſters of the Goſpel, whoſe Miniſtry being more excellent, their allowance ſhould not in equitie bee leſſe then that of Leui.

If it were a good Argument to proue Tithes not lawfull or fit to bee now paid, becauſe once imployed to maintaine Leuites; It muſt be preſſed, much rather, p. 36vponupon the Magiſtrate, that he is bound in Conſcience to pull down all Churches, once ſuperſtitiouſly proſtituted to Popiſh Idolatry, not ſuffering them to bee now vſed for the true worſhip of God. But hee that ſhould vrge this, would manifeſtly declare to all the World his iuſt Title to Bedlam.

It may be, Some are of opinion that Chriſtians are now at liberty from ſuch Impoſitions, ſo as a man may vſe his owne diſcretion, and giuegive what hee thinkes fit. But to this ſomething hath beene ſaid before, to which now I adde; that this were the high way to become ſonnes of Belial indeed. We know how it went with Iſrael when there was no King p. 37among them, and eueryevery man did as it ſeemed good in his owne eyes. This indeede is that many Profeſſors would hauehave: Liberty, Liberty. Let them be noted for bountifull; but not bound to bee iuſt. What would become of Miniſters, (ſhall I ſay, nay), of themſelues, if this gap ſhould bee opened to the World that Chriſtians may doe as themſelues ſee good? Who would not abuſe his liberty as an occaſion to the fleſh?

What though a few Honeſt men would pay their Dues iuſtly, although no Law of man ſhould bee made: muſt their Honeſty make the World of opinion that they ought not to bee bound to a Law? Would not eueryevery man plead the p. 38like; and ſo all would come ſoone to a confuſion? Can any of thoſe Honeſt Men proue that the Magiſtrate hath no Power to rule them herein? Should not they rather for examples ſake (though they might plead freedome) be firſt in yeelding obedience to Lawes, euen for their ſakes who would neuer do iuſtly without Lawes to enforce them?

Hath God bounded out all mens eſtates by wholeſome Lawes; and hath he left only Miniſters to Peoples Diſcretion and good Pleaſure, ſo as the Magiſtrate may not appoint them a certaine Portion, as to his Wiſedome ſhall ſeeme moſt conuenient, and agreeable to the Lawes of God himſelfe? Oh Sonnes of Belial p. 39that thus Proſtitute Religion to palliate their couetouſneſſe? The Couetous Earth-worme would laugh in his ſleeue to ſee his elbow vnderlaid with ſuch a Cuſhion. The Licentious Gallant would ſoone bring the Miniſter to his becke, and force him, Fidler-like, to play nothing but what Hee, and his lewd companions ſhould pleaſe to call for; or make Him to begge his bread from Dore to Dore. And are theſe the beſt Rules our beſt Zealots would walke by? Then, Who would not pray; God defend mee from the Power, and Courteſie of all ſuch Profeſſors? Should not Papiſts (if this were allowed) hauehave iuſt cauſe to apply vntounto vsus that bitter Taunt, p. 40Pater-Noſter ſet vp Churches, and Our Father puls them downe?

The Law of the Kingdome, then, is the only ſure Refuge of all that deny Tithes to be a Morall Commandement. This is the only Rule they hauehave in all other Reformed Churches and States (hauing Power to make Lawes) throughout Chriſtendome.

Admit this for this time to be a ſufficient Rule; and it muſt be graunted that, The Lawes of this Kingdome eſtabliſhed in Parliament doe bind men both for Quantitie and Qualitie of the Miniſters Maintenance: And hee that doth not ſtrictly obſerue it, can neuer hauehave a good Conſcience, becauſe hee ſwerues from the Rule of his owne chooſing. p. 41Whatſoeuer is of force as a Rule of Faith to iuſtifie the Conſcience walking by it, is alſo ſufficient to bind the Conſcience; and to condemne him of ſinne that digreſſeth from it.

Let the Tradeſman wrangle and wriggle till he bee weary, this Rope will hold him. Now graunt mee this, and graunt all I vndertooke to prooue: viz. that EueryEvery Perſon within this Kingdome (not liuing in Places Priuiledged) is bound to pay the Tenth of all his cleere Gaines to his Miniſter. For, this is the Law of this Kingdome enacted in the 2. and 3. yeares of Edward the ſixth, cap. 13. Entituled, An Act for the true Payment of Tithes. In which Statute is ordained as followeth.

p. 42And be it further enacted by the Authoritie aforeſaid, that eueryevery Perſon exerciſing Merchandizes, Bargaining and Selling, Cloathing, Handy-craft, or other Art or Faculty, being ſuch kind of Perſons, and in ſuch kind of Places as heretofore within theſe 40. yeares hauehave accuſtomably vſed to pay, ſuch Perſonall Tithes, or of right ought to pay, other then ſuch as bee Common day Labourers, ſhall yearely at or before the Feaſt of Eaſter, pay for his Perſonall Tithes the Tenth part of his cleere Gaines; his charges and expences according to his eſtate, condition or degree to be therein abated, allowed, and deducted.

To this it will be preſently obiected, Doe you not marke that clauſe, that men ſhall pay Perſonall Tithes p. 43in ſuch kinde of places as heretofore within theſe 40. yeares they hauehave accuſtomably vſed to pay ſuch Perſonall Tithes?

Anſwere. I doe:This is explicated. and pray you to obſerue that which followes: viz. or of Right ought to pay.

Some, perhaps, are in hope this will proue ſuch a Gordian knot, as will neuer be vntyed. But to put them by that vaine ſhift, let them know that this will eaſily be expounded (to the ſatisfaction of ſuch as deſire the truth may appeare;) partly by Other Parts of the ſame Statute; and partly by the Maine End and Scope of the Whole.

1.1. By other parts of the Statute. By other branches of the Statute it will appeare who they be that (not hauing paid Perſonall Tithes, p. 44yet (of Right out to pay.

In the next Fraction after that branch of the Statute here alleadged, it is ſaid; Prouided alwaies and be it enacted that in all ſuch places where Handycrafts-men hauehave vſed to pay their Tenthes within theſe 40. yeares, the ſame cuſtome of payment of Tithes to bee obſerued and to continue. And a little after: Prouided that this Act ſhall not extend to any Pariſh which ſtands vponupon and toward the Sea coaſts, the Commodities and occupying whereof conſiſteth chiefly in fiſhing, and hauehave by reaſon thereof vſed to ſatisfie their Tithes by Fiſh but that all and eueryevery ſuch Pariſh and Pariſhes ſhall hereafter pay their Tithes according to the laudable cuſtomes as they hauehave heretofore of ancient time within theſe 40. yeares vſed and accuſtomed, &c.

p. 45And againe: Prouided alwaies and be it enacted that this Act or any thing therein contained ſhall not extend in any wiſe to the Inhabitants of the Citie of London, and Canterbury, and the Suburbs of the ſame: ne to any other Towne or Places that hauehave vſed to pay their Tithes by their houſes, otherwiſe then they ought or ſhould hauehave done before the making of this Act. Laſtly, there is an exception of the Tith of Marriage goods in Wales.

Now theſe Exceptions do aboundantly expound that clauſe who they are, that in right ought not to pay: namely, All Handy-crafts men that paid leſſe then the Tenth by the ſpace of 40. yeares before the Statute: All liuing vponupon Fiſhing: All in London, Canterbury, and p. 46other Places hauing a cuſtome to pay a rate by their houſes: and Thoſe of Wales in that one Particular.

Therefore it is euident that All others, though they hauehave not paid by 40. yeares before that Act, yet in right ought to pay. For, why elſe ſhould ſo many bee exempted by Name, if the purpoſe of the Statute were not to bind all others not ſo exempted?

2. By the maine Scope and End of the Statute.2. This appeares yet more cleerely by the Maine Scope and End of the Statute, as is manifeſt to eueryevery man (though no Lawyer) that ſhall read and obſerue it but with one of his Eyes.

The Intent of a Law, (ſay our Great Maſters of the Law) is beſt diſcerned by the P…ce… vntounto …ir. The p. 47Preface of this Statute hath reference to Two other Statutes, one made in 27. Hen. 8. the other in 32. Hen. 8. to the ſame purpoſe: and it ſaith, that diuers things are needfull to bee added to thoſe other Statutes, that Tithes may be truly paid according to the minde of the Law-makers, for which purpoſe this laſt Act was made. Wee muſt then conſider: 1. What was enacted: 2. What was defectiue in thoſe former Statutes: 3. What here is ſupplyed.

1.1. What was enacted. In the former Statute of 27. Hen. 8. it was reſolued that as well Perſonall as Praediall Tithes were due vntounto God and Holy Church: and therefore enacted that eueryevery ſubiect ſhould pay them according to the Eccleſiaſticall p. 48Lawes and Ordinances of the Church of England, and after the laudable vſages and cuſtomes of the place where he dwelleth. The Statute of 32. Hen. 8. was principally intended both to giuegive life to the former Statute, and alſo to enable Lay-men enioying Tithes to recouer them by Law, which, before they could not.

2. What was defectiue.2. Neither of thoſe Statutes did particularly decree what Praedial Tithes ſhould be due; from what Ground: and in what Quantitie in ſome Grounds: what Cuſtomes ſhould hold, and what not: What Places and Perſons ſhould allow Perſonall Tithes, and what not: nor how much ſhould bee due, where no Cuſtome, Compoſition real, or other p. 49ſufficient Priuiledge… …kes place.

3. All theſe Defects are ſupplyed in this Statute of Edw. the 6. For, (paſſing ouer the ſupplies touching P…aediall Tithes) wee may finde theſe ſupplies for Perſonal Tithes.

1. Whereas the former Statutes ſpake of them only in Groſſe; This declareth of what in particular they ſhall ariſe.

2. Whereas the former did not expreſſe the iuſt Quantity exactly; This ſaith, the Tenth of cleere gaines.

3.3. What is ſupplied. Whereas the former did ſpeake of Cuſtomes …im g…ally; This ſhewes where, and in what Places and to what Quantity Cuſtome ſh…l preuaile to p. 50paying leſſe then a Tenth, and in what not.

This Statute agreeth to the beſt Engliſh Canon Law made and eſtabliſhed for declaring, and paying of Tithes both Praedial and Perſonal, aboue 320. yeares ſithence: Only this Statute of Edw. giues more to Cuſtome, and to ſome Perſons, then that ancient Law doth. Now, it is granted that ſo much of the Canon Law as is not againſt ſome Statute in force, is ſtill good Law. In the particular of Tithes, it is ratified by the Lawes of the Kingdome. What therefore the Statute of Edward the ſixth hath not cut off from that old Conſtitution, it hath eſtabliſhed for Law.

To make this cleare to eueryevery eye, doe but conſider p. 51theſe things: viz.

1. That the Statute of Edward 6. in the beginning ſaith thus; Be it ordeyned and enacted by the King, &c. that the ſaid Acts made in the 27. and 32. yeares of the reigne of the late King Henry the 8. concerning true payment of Tithes, and eueryevery article and branch therin contained, ſhall abide and ſtand in their full ſtrength and vertue. Therefore what euer was enioyned in thoſe former Statutes, is by this Statute eſtabliſhed to continue in full force.

2. Conſider that the Statute of 27. Hen. 8. doth in expreſſe termes ordaine payment as well of Perſonal as Praedial Tithes according to the Eccleſiaſticall Lawes and Ordinances of the Church of England and after the Laudable vſages p. 52and cuſtomes of each Pariſh. And in that other Statute of 32. Hen. 8. the ſame was againe enioyned, ſtill hauing reference for kinde and Quantitie to the Eccleſiaſticall Lawes, & lawfull Cuſtomes. Therefore what euer was then payable by the Eccleſiaſtical Lawes of this Kingdome, (vnleſſe in ſome Pedulia…s where Cuſtomes laudable and lawfull had taken root) before that time in vſe, was eſtabliſhed by thoſe Statutes, and ſo reeſtabliſhed by the Statute of Edward the ſixth, to remaine in force as the Law of the Realme to eueryevery Place … … Eccleſ…ſti… … p. 53this, (as it is to be ſeene in …INDVVOOD: Prouinc: Conſtitut: tit: de Doc: c. Quon: Prop:) that**Statuimus etiam quod Dec…mae perſonales ſoluantur de artiſicibus, & Mercatoribus, ſc…licet de …uc…o negotiationis. Similiter de carpentari…s, fabris, cem… tariis, textoribus, pandoxatricibus, & omnibus a…ijs ſtipendariis: vt videlicet dent Decimas de ſt… pendi…s ſ… is, niſi ſtipendarii i… ſi aliquid …ertum velint dare …d opus, vel ad lumen Eccleſiae, ſi Rectori ipſius Eccleſiae placuerit. Perſonal Tithes ſhould be paid from Artificers, and Tradeſmens gaine of Trading. And ſo from Carpenters, Smiths, Plaiſterers, Weaners, Bruers and all other Labourers who ſhould all pay the Tenth of their Wages. This Canon was made at a Convocation Wolden at London in 23. Edward: 1. And is rightly reaconed, by M^r. Selden, the …hiefeſt of the Engliſh Canon Lawes. It is the Principall Rule and Law for ſundry Tithes, therein (and no where elſe) expreſſed, which hath force to this Day from the Statutes aforeſaid, as daily experience p. 54ſheweth.

From the Premiſſes theſe Concluſions doe vndenyably iſſue.

**Hiſtory of Tithes. cap. 8. pag, 232.1. That in all Places Perſonal Tithes of right ought to be paid where any Lawes enacted within 40. yeares before the Statute of Edward the ſixth hath commaunded their Payment.

2. That all Perſonall Tithes decreed to be paid in thoſe two Statutes of Hen. 8. are ſtill due of right; both becauſe they were made within 16. yeares before that of Edward 6. and becauſe this laſt Statute doth ratifie thoſe, and eueryevery branch of them.

3. That all Perſonall Tithes that of right ought to be paid by the ſpace of 24. yeares before either of p. 55thoſe Statutes of Hen. 8. are ſtill due; becauſe the Statutes of Hen. 8. were made but 16. yeares at moſt before that of Edward 6. and this Statute extendeth to 40. yeares backe-ward.

4. That all Perſonall Tithes due by the old Canon before mentioned, are due by the Lawes of this Realme: foraſmuch as the Statutes of Hen. 8. doth ratifie that Canon, and the Statute of Edward 6. doth ratifie thoſe Statutes, except before excepted.

5. That therefore the Statute of Edward: 6. (giuing force to the old Law which enioyned the payment of Perſonal Tithes,) doth intend and commaund that the Tenth part of eueryevery mans cleare Gaines (except p. 56ſuch as are expreſſely excepted in the ſaid Statute,) ſhould bee paid by eueryevery man to his Miniſter.

6. That it is not needfull for the Miniſter to proue (if he will recouer or demaund Perſonal Tithes where they were neuer paid,) that ſuch Tithes hauehave beene conſtantly, or at all paid in the Place where hee liueth, by the ſpace of 40. yeares before the Statute; ſince the Statute maketh them due, where, of right they ought to be paid.

Though the Right bee cleare enough; yet to make all men ſee it with both eyes without Spectacles, I will reduce all that hath beene ſpoken to proue the right of Perſonal Tithes, into forme, thus.

p. 57There Perſonal Tithe… of right ought to be paid by vertue of the Statute of Edward the ſixth, where there was any right to them within 40. yeares before that Statute, although they were not actuacty paid. But

There was in all places a right vntounto Perſonal Tithes by 40. yeares before that Statute, though they were not actually paid. Therefore in all Places (not expreſſely excepted in the Statute of Edward th… ſixth) Perſonal Tithe… ought ſtill to bee paid though it cannot be proued that they were actually paid in all that time. The Minor is proued, thus.

There muſt needs be a Right to pay Perſonal Tithes, where any Statutes p. 58ſtill in force, enacted within 40. yeares before that Statute of Edward, enioyne the payment of Perſonal Tithes. But

Both thoſe Statutes of Hen. 2. enioyned the payment of Perſonal Tithes, and were enacted within 40. yeares of that laſt Statute, and are ſtill in force: Therfore Perſonal Tithes, that is, the Tenth of eueryevery mans cleere gaines, are ſtill due and of right ought to be paid by all Perſons, and in all places not expreſſely exempted by Statute, though it cannot bee proued that they were euer actually paid.

If any ſhould ſay; Where the Cuſtome of the Place hath beene to pay nothing, nothing is due. This will appeare to p. 59be a meere Cauil, by that one Maxime knowne to Al of any experience or obſeruation. De non Soluendis de cimis non valet conſuetudo. Cuſtome of paying nothing, is worth nothing. The reaſon giuen by Lawyers is, iuri naturae & diuino contraria eſt. Becauſe it is contrary both to the Law of nature, and God himſelfe. The Law in ſuch a caſe is this; Where men pay no Tithes at all of any thing made Tithable by any Law, there Tithes (vnleſſe ſome ſpeciall Priuiledge allowed by Law bee pleaded and proued) muſt be paid to the vtmoſt extent that any Law hath decreed ſuch Tithes to bee paid in any place. So then, He that confeſſeth he neuer paid any thing, nor that it p. 60hath beene the Cuſtome of the Place where he liueth ſo to doe, maketh himſelfe liable to pay the full Tenth.

Leaſt any man ſhould ſuſpect me of ignorance, or partialitie in this point, becauſe I ſeeme out of my element: I will produce M^r. Selden (none of the beſt Proctors for vsus Tithing-men, but One with whom we poore Vicars are daily noſed,) to bruſh off this aſperſion, if any be caſt on mee.

He, in his History of Tithes, Cap. 20. ſhewing that Mortuaries firſt became due vponupon the generall preſumption of eueryevery mans negligence in paying his Perſonal Tithes in his life time, (for which cauſe a Mortuary was giuen in lieu of ſuch Tithes vnpaid at death:) hee alledgeth p. 61a Caſe adiudged in it. Ed…rd, 3… wherein the Perſon of Whitwell being ſped for taking away a Horſe for a Mortuary at the death of one of his Pariſh, according to the ancient Cuſtome of the Land and Holy Church, was acquitted againſt the Plaintiffe, and his Act iuſt f… to be agreeable to the Law.

This he vrgeth to proue, that Cuſtome hath euer beene held as Law, euen for ſuch Perſonal Tithes. But he explaineth himſelfe thus; Where any Statute hath made a diſcharge, or Preſcription, or Cuſtome hath ſetled a Modus, de cimandi or certaine Quantitie payable, though neuer ſo little, for the Tith, there, by the Lawes of the Kingdome, the Owner is not p. 62bound to pay other Tith then the Statute, or Cuſtome, or Preſcription binds him to. Which yet muſt bee ſo vnderſtood in the Caſe of Lay-men, that Cuſtome or Preſcription founded in their Poſſeſsions as Lay, cannot wholly diſcharge the Tith, or bee De non decimando, but may well bee De modo only. Otherwiſe is it in the caſe of Spiritual Perſons, that may by the Common Law be by Preſcription wholly diſcharged, and preſcribe De non decimando. AND THIS IS REGVLARLY CLEERE LAVV. Thus, that Maſter of the Law.

This conſidered, doth fully plucke vp another obiection by the rootes which any wrangler might make from thoſe Phraſes in the p. 63Statutes of Henry the 8. which ſay, men ſhall pay their Tithes according to the laudable and lawfull vſages and cuſtomes of the Places wherein they liue. Thoſe Cuſtomes are neither laudable, nor lawfull which are pleaded for paying of nothing. It is not ſaid that where any Cuſtome hath beene to pay nothing, nothing ſhall be paid: but, men ſhall pay their Tithes according to the laudable vſages and cuſtomes of each place where they liue. Therefore it muſt be vnderſtood of Cuſtomes by which men doe Pay ſomething: All being tyed to Pay; and all Cuſtomes of paying noth…ng being vtterly voide. To ſay, that Law, which Commaunds ſome men to pay, p. 64according to Cuſtome doth ſhow the ſame men to plead Cuſtome for paying nothing, is a Contradiction very ridiculous.

But yet ſome may ſay: If the Law bee ſo firme for Perſonal Tithes, How is it that Miniſters call not, for them, and that they doe not recouer them by Law?

To this I may anſwere with Griefe. That Law which hath made them due, hath giuen vsus power enough to recouer them of eueryevery man that is Honeſt, and makes conſcience not to lie, or deceiue; but it hath not giuen vsus ſtrength ſufficient to recouer them if they bee denyed by a Knaue: for it debarreth vsus of the Principall and indeed the only p. 65meanes of finding out what eueryevery diſhoneſt mans gaines are: namely, the Oath of the partie that is to pay them.

The Makers of this Law ſuppoſing Tradeſmen bred in Townes to hauehave more Giui… then others, and preſuming of their honeſty and conſcionableneſſe to pay their dues to the Miniſter, without ſuites in Law; did purpoſely prouide that the Tradeſman ſhould not bee forced to diſcouer his Eſtate to the World ſo oft as otherwiſe (in likely-hood) hee ſhould bee required; which might proue much to his preiudice. I… was their Indulgence to enioyne the dutie without binding him to this extremitie: but it was their p. 66purpoſe to tie his conſcience the more to doe iuſtly herein, as he will anſwer the contrary at his perill to God, to whom they leaue him for puniſhment. Elſe why ſhould they make ſuch a law to declare what was due, and command the payment at Eaſter.

He that ſhall ſay, I am not bound by Law, where the Law hath omitted any one way to compell mee, doth moſt impiouſly abuſe the Lenitie of the Magiſtrate, and beleeues the Magiſtrate doth neuer command till he ſmite. In Diuinity it is no better then Hereſie, (if it be ſtood vntounto;) and in Morality, no better then ſowing the ſeeds of Sedition and curſed Rebellion, to hold, That no Law hath any force to binde, p. 67but where it giues power to puniſh: And that the Magiſtrates word ſhall bee void, where his ſword doth not follow at the heeles: nor ought to bee longer obeyed, then hee is fighting, or putting weapons into other mens hands. It is a thouſand pitties they ſhould want blowes who will doe nothing without them. When the Apoſtle ſaith, The Law was not made for the righteous, but for the Lawleſſe, and diſobedient; 1 Tim. 1.6.1 Tim 1:6he meant, (as I thinke you will grant,) that the curſe and puniſhment of the Law was not intended to the righteous, becauſe hee would obſerue it ſo carefully, that there ſhould be no need of Compulſories to be ſeru'd vponupon Him. But doth the Apoſtle thereby exclude him p. 68from the commaundement and Rule of the Law? Who but an Epicure, or Mad-man would make ſuch a Gloſſe? When God gaue authoritie to the Husband to cōmand his Wife in lawfull things; but not to beat her: ſhall the Wife ſhake off the yoke of obedience which is impoſed by the Husband; and ſay, God neuer meant that Law by which my Husband ſeekes to command me, ſhould binde mee; becauſe he hath denyed him power, to compell me by ſtripes?

What though the Statute deny vsus the oath of the Party, yet it commands payment at Ea…ter, in expreſſe termes: and giues power to ſue him and to examine him by all other lawfull and reaſonable meanes: ſo as he ſhall bee p. 69compelled to ſpeake trueth, or falſhood. The Ordinary may compell him to ſay what he hath gained, though he cannot compell him to ſweare. This indeed makes ſome difference when a man is to deale with a falſe Knaue: but none at all when he is to deale with honeſt conſcientious men. And if the Statute had giuen vsus the Oath of the Party; vnleſſe we could get another Statute enacted, not onelyonly to enioyne, but to make all men to be Honeſt; our caſe would be but little yea very little b…tter then it is. I need ſay no more to Reaſonable men: yet one thing more, which makes … yet …e …ow, that the Statute doth binde all men to …y Perſonall …thus, thou … p. 70Oath of the Party. The Statute doth not onelyonly giuegive power to the Ordinary to examine a Tradeſman, as aforeſaid; but alſo to order him according to what the party ſhall confeſſe, or can be otherwiſe proued, (as in Predial Tythes,) or elſe to excommunicate him for his contumacy; & afterwards, to require a Writ out of Chancery De Excommunicato capiendo, if the Party ſhall continue his contempt for the ſpace of forty Daies.

But, what if it ſhould be granted that Tradeſmen are not preciſely and formally bound by that Statute, as Husbandmen are? What would they gaine to iuſtifie themſelues in point of Equitie and Conſcience? Let them ſuppoſe themſelues p. 71free from the Law in the ſtrictneſſe and rigour thereof; yet they muſt confeſſe the Husbandman to be abſolutely bound to a Tenth. Nor will any but Browniſts and Rebels deny the Power of the Parliament to appoint that Quantitie. Now the Law binding the Huſbandman, doth as firmely, in equitie binde Tradeſmen to the ſame proportion, if they will not hold themſelues Lawleſſe, but acknowledge themſelues bound to that Law which bindeth the reſt of their Brethren.

There be two things that binde to a dutie: Iustice, and Equitie the ground of Iuſtice. In Iuſtice (as it is ſtrictly taken) he onelyonly is bound on whom the Law eſtabliſhed doth abſolutely, directly, p. 72and expreſly take hold, and commandeth him formally. But in Equitie, which is the ground of Law, eueryevery man liuing in the ſame State is truly bound alſo, to whom the ſame Equitie on which the Law enacted was built, equally extendeth.

To ſhut vp all. From all that hath beene ſaid, I may iuſtly draw foure Concluſions more.

1. Whoſoeuer gaineth by Trade, bargaining, or other lawfull meanes, being not exempted as aforeſaid, muſt pay the Tenth of his cleere gaines, or he ſinneth againſt the lawes of this Land.

2. Whoſoeuer in this caſe w…l…ll… v…olateth the lawes of this Realme, is a double ſinner againſt the law of God: for he breaketh that Commandement, p. 73Th…n ſhalt not Steale: and committeth Sacriledge by with-holding that which lawfull Authoritie hath lawfully conſecrated to God.

3. Although a man imploy part of his ſtocke in Husbandry; yet is hee bound to pay the Tith of his Gaines by Trading (if hee vſe any) as well as if he paid no Pradial Tithes at all.

4. They who being informed of this Dutie, and con…inced in their iudgement thereof, are bound to Reſtitution (vnleſſe their Paſtors remit it) of all they hauehave hitherto wrongfully deteined ſo neere, and as full as they are able. Otherwiſe, they wickedly; robbe the Miniſter, and liue in a damnable ſinne without repentance: nor can they in ſuch a condition expect p. 74any thing from God but wrath and a curſe vponupon them and theirs, let their Profeſſion and forwardneſſe in other duties of Religion be what it will.

I expect many to cry out vponupon this, as ſtrange and hard Doctrine: and to ſay, If wee ſhould pay all Arrerages, wee ſhould part, it may bee, with halfe our eſtates. But then I muſt Anſwere: to the firſt part, if it bee true, (as you ſee it is;) the ſtrangeneſſe of it muſt not make any man bold to kicke against the Pricks. And to the latter, I ſay.

1. It is vnlikely and vnprobable that the Tenth part of a mans cleere gaines ſhould bee halfe his eſtate both of Stocke and Gaines.

p. 752. Admit it were ſo, yet if what thou deteineſt be none of thine, it will make a greater hole in thy conſcience, then it can in thine eſtate by parting with it. The Vſurer and the Theefe hauehave as good a Plea as this againſt Reſtitution.

3. Zacheus did as much, and our Sauiour approued it as one ſigne that proued him A ſonne of Abraham: Grace will make men iuſt; though it ſhould make them as poore as Lazarus. Reſtitution with an ouer-plus, if they be able, ſhall be vntounto them, as any other dutie enioyned by God.

4. If God hauehave blowne vponupon thy diſhoneſt gaine; p. 76and made thee vnable to Reſtitution; then behold his hand; humble thy ſelfe euen vntounto Hell for this ſinne; and deſire of God, one way or other to repaire the wrongs, that cannot bee repaired by thy ſelfe. And in this caſe, hee were an hard and moſt vnconſcionable Miniſter that ſhould require ….

Let not Reſtitution then be held an uniuſt and cruel impoſition. And for payment of Tithes for time to come, ſticke not at it ſeeing thou now ſeeſt it to bee thy dutie: doe it cheerefully, leaſt God account it as not done at all.

Conſider (beſides all the former diſcourſe) this one thing: Hee that willingly p. 77and iuſtly payes the Miniſters Portion hath a more ſpeciall promiſe of God to thriue in his Calling, then any man hath, for performance of any one other particular dutie whatſoeuer. The Promiſe I meane is in Malachy 3.10, 11, 12. and it is this; Bring yee all the Tithes into the Store-houſe that there may bee meat in mine houſe, and proue mee now herewith, ſaith the Lord of H…ſts, if I will not open you the windowes of heauen, and powre you out a bleſsing, that there ſhall not bee roome enough to receiue it.

And I will rebuke the deuourer for your ſake, and he ſhall not deſtroy the fruit of your ground, neither ſhall your v…ne caſt her fruit before the time in the field, p. 78ſaith the Lord of Hoſts. And all nations ſhall call you bleſſed: for yee ſhall be a delight ſome land, &c.

Now hee that doth not obey this iniunction, (at leaſt ſo farre as now by Law he is tyed) doth, thereby proclaime that hee doth not beleeue this promiſe: Hee ſaith in his heart that in this point God is a Lyer, and it is in vaine to ſerue him.

One Scruple yet is behind. Some may ſ…y; It may bee my Miniſter is vnable, vnfaithfull, or ſcandalous: muſt hee hauehave Tenths too?

Though ſuch a perſon deſerue them not, yet being actually poſſeſſed of the Church (and preſumed in Law to bee ſuch as hee p. 79ought) hee may claime them as due in the right of the Church, vntill Authority ſhall take notice of his demerit, and diſcharge the Church of ſuch a burthen.

So then; He that ſought to wind himſelfe out of the brakes of Tithes due by Diuine Right, ſuppoſing it better to ſtand to the Magiſtrates Diſcretion, may ſee what a fine Snare hee hath made for himſelfe.

Hee, muſt not heare of Tithes due by the Old Title. The Magiſtrate muſt giuegive him his Rule. Well. A Law is now eſtabliſhed. This Law binds eueryevery man to giuegive the Tenth of his cleare Gaines to his Miniſter. It makes no exemption of Bad Miniſters. p. 80Therefore The Tradeſman is bound in Conſcience and by Law to pay Tithes to his Miniſter be he Good or bad: or his owne Rule will caſt him for a Sinner.

If I owe mony to a Drunkard, I may not iuſtifie the deteining of it, when it was due, becauſe I know he will abuſe it to more drunkenneſſe, ryot, and other ſinnes againſt God. I may labour his Reformation by the Magiſtrate, but may not deny him his dues. His diſorder cannot warrant me to be vniuſt. The Law for Tithes makes them as due to the Miniſter, as Law can make them: and ſuppoſing that eueryevery Patron and Biſhop will be carefull to place none in any liuings but ſuch as are worthy: it exempts none p. 81from the exhibition of the Place to which they are inducted. Therefore the Tradeſman or any other cannot without Theft and Sacriledg deny any Miniſter his dues, ſo long as he ſtands poſſeſſed of the Church, and in the relation of a Paſtor vntounto him. If any man hauehave iuſt exception againſt his Miniſter, they know the Law is open, and there be Iudges, let them implead one another.

Whoſoeuer ſhall keepe the whole Law, and yet offend in one point, is guiltie of all. Iam. 2.10.

Thou that abhorreſt Idols doeſt thou commit Sacriledge. Rom. 2.22.

FINIS.

End of the text · Cornelius Burges, A New Discovery of Personal Tithes (1625)