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The Civil Right of Tithes · Christopher Elderfield

The Civil Right of Tithes, Ecclesiastical tract · Chapter 31

CHAP. XXXIII.

JAmque opus exegi, and hope I have not failed in either part of my undertaking, that if either Title of three, and All good be Good, if either ſtring of three will hold, and all uſually ſtrong enough, I have not fallen ſhort of the proof of a Civil Right, and that by that Law by which here All things are poſſeſſed. Is that any ones is Given him? We have ſhewed plainly this Donation. Can this gift be confirmed by confirmation? This hath been offered and largely diffuſed, all abroad abundantly. Is that I have, Mine? Sure, 'tis naturally, and none ſhall deprive me without wrong for Poſſeſſions ſake. Now where is the Poſſeſſion Here, the World ſees. May this Right founded in God, in Heaven Originally, on Man but derivatively, and by conſequent ſubſtitution, fright boldest men from laying on their hands, and ſcambling with their Maker? What even the Law hath ſaid, in this behalf hath been heard and may be remembred. Ought I ſtill have, what I Have had? I challenge a liberty, a way, a right, a power to preſent, meerly becauſe I have had, and ſo uſed: And this is not here wanting for Ages and Generations. The reſult of all queſtionleſs, A CIVIL TITLE, firmly: and by theſe three diſtinct ways, by which men Generally injoy with us, and they have enough in Any, by All meeting is here a Conspiration of at leaſt a treble ſufficiency. Bleſs we God, who hath not left the ſupport of his Goſpel Here to the Good will of Men, and uncertain, tottering, voluntary Contributions, but as was ſaid at beginning, hath given habitation to this truth (with us in England) Firm and Stable, and by the helping ſeconding acts of favouring ſtate raiſed and eſtabliſhed (as to the outward frame and ſupport thereof) his Temple on the Mount of the ſame materials and under equal ſhelter of temporal ſtrength and firmneſs, with the lower buildings of the valley; The Church is as ſtrong, ſtands as faſt as the mannour houſe, and even as much Lower Law for the Civil Temporal Right of theſe Dues, as any other mens Poſſeſſions or Inheritances do lay claim to for their ſufficient ſupportation. This is the Lords doing and wonderfull in our eys, and ſo let it be alſo gracious, and the occaſion of much thankfulneſs with his People: Looked upon as no other then a Work of his Very favourable providence for the ſafe and long Continuance of his own honour, and one of thoſe comforts that may be among the Greateſt to thoſe that love the Lord Jeſus Christ in ſincerity; A means of firm eſtabliſhment of the Goſpels Miniſtery, and to hold out that bleſſed light of the Chriſtians Law to us which may be a Lamp to our feet, and a Lantern to our paths, to guide us into the ways of peace, in excluſion of Saturn, Jupiter, Mahomet, Frea, Thor, Woden, or whoſoever ſhall go about to recover or obtain a place of honour in our Temples, now dedicated to the honour of the moſt high God, and his Son Jeſus Christ, with the Holy Ghoſt, to whom be all honour and glory in Them and through the World for ever and ever. And all theſe things made good too by no other then thoſe have been reputed moſt proper ſtrengths, The Laws of the Land, No other Language almoſt uſed, no other Books, or but rarely, cited, Among that world of Volumes that are of other things, and ſome on this ſubject, in another way, yet none choſen, or ſtuck to, but theſe & the moſt of them ſuch, and ſo claſſical and authoritative, that they make the Judgment even of the very Judges. I deſire may here not unſeaſonably be awaked to preſent remembrance and due obſervation which was laid down before, but had There ſo much amplification, becauſe it was to have here its preſent uſe and operation, and it is, that This Law is here below in this World, The onelyonly Ʋmpire of all things, the Rule of Right, the Judge of Own, the Stinter of Strifes, and the only Didoes Thong that makes out the Line by which the Limit is drawn, that fences Severals from the Common and among themſelves, the onelyonly Donor and Continuer, Preſerver, Suſtainer and Eſtabliſher of Every mans Due and Own, by which he hath to himſelf What he hath, and No one elſe hath any thing to do with His Right or Inheritance: that gives the Maſter more then the Servant, the Gentleman more then his Tenant, the Nobleman more than his Fermour, or the rich and wealthy Merchant then his neighbour Mechanick; intitles him to his Land (or Rent) fences in his Incloſure, pales his park, makes a Thief that enters, and takes, and carries away, and inables him to ask, and have, and ſue, and obtain, and recover againſt the moſt ſtubborn and unconſcionable injuſtice, Whereby he is ſo far as he is, Lord and Maſter of All things. The Law, I ſay, The Law it ſelf doth this Alone, apportioning thus to every one certainly and juſtly, to every fellow-Commoner His Own (in how much diſproportion of Quantity ſoever, with the ſame Equality of Juſtice,) to one man Delicates, to Another but bread; to One Silks, to Another Frize; to him Robes, to the other ſcarce Rags: All this doth one and the ſelf ſame law miniſtring to each as it liſteth, whether a Mite or a Talent, a Garden or a Field, a Palace or a Cotage: And if Then this Law ſhould fail, this Rule by any device be Made to warp, and this Strong Spring prove now too weak (in its full force by all Authority) to bring in known dues to Some, (who have the ſame claim with All,) who aſſures that not to Others alſo, who can pretend to expect by no further or ſtronger? If this Judge ſhould not be able to make good his ſentence, If this bountifull hand ſhould wither, and prove ſhort to reach out allotted proportions to Whomſoever under equall reaſon of Right now, Who diſtinguiſhes the Sinews, or can warrant their Office long to quicken and actuate thoſe fingers muſt reach to the wealthy Their plenty and abundance? Or not rather doubt their weakneſs or ſtrength, quickneſs or deadneſs, life and vigour, or loſt power and infirmity may have together and to All (as proceeding fom the ſame Cauſe of livelineſs or obſtruction) the ſame Uniformity? This is the Baſis whereon all is ſettled, the Rock whereon all is placed, the great Bottom whereon all is imbarqued, that in England we call Goods and kept a floating; If any ſhould think himſelfe ſo cunning with his malice (prompted on by his Covetouſneſs, for it can be nothing elſe,) that He thinks he can ſink a part, boring a hole at that end where his neighbours Goods are laid up, (the ſervants of publick holy work their wealth and ſuſtenance is treaſured) (without further regard to the Community within,) Let him take heed ere long he hear Not the lowd and ſhrill Complaints (with fearfull Out-cries) of all his fellow periſhing Merchants, who are preſerved in and by the ſame, and whoſe property and ſafety muſt all by Conſequent be in danger to be loſt or gained, ſink or ſwim Together, to ſatisfie the greedy deſires of thoſe that come plainly enough within the compaſs of1Iam. 4 2, 3. St. James his Character, Ye covet and quarrell, and ask and yet ye have not becauſe ye would conſume it on your lusts. And let great Poſſeſſours Chiefly look to themſelves, for—&c.—I was going on to due and nearer application, but the figure Apoſiopeſis lays my hand upon my lip, and forbids to ſpeak meaning well, what may be ill interpreted, and therefore prudently and ſilently let this inference be left to the working of every ones own Chriſtian and reaſonable thoughts. OnelyOnly this I cannot but add, That there are ſeen great diſproportions in the World, and ſome have notable advantage thereby, The Ground of All which is the Law: There are very great heaps, injoyed with ſecurity, and none dares now touch the property of the rich and wealthy in a farthing; If this be touched and removed or violated, the bound is going that keeps All from primitive Community, And Therefore they ſhould think much hereon who Have much to loſe; They ſhould love to keep the Fence whole who would not have All Common, & the boldneſs muſt be extraordinary of thoſe other who in private condition Dare venture to tamper with the Foundation of all Diſtances, medling with that in Politicks does as much as the grace of God in Religion making one Man to differ frō another in whereſoever he does differ: 1 Cor. 4 7▪For what haſt thou thou haſt not received hereby?1 Tim. 6. 17. and that gives us all things plentifully and ichly, ſol ely & only to enjoy.

But now ſome one May ſay, Theſe are but Logical Arguments, humane Reaſonings, fallible and liable to Miſtake; Whereunto I anſwer as readily, aſſuredly Even ſo, and there is no doubt of it: None ſo far out of the way as he that thinks he cannot err, and incurably too, for as much as this perſwaſio… in his minde is as bad as poyſon in his ſoul, hindring all poſſibility of healing his errour. If then replied what farther probability, It is not ſo here, and This is right? Have Others thought the ſame? Hath any thing been done accordingly? How have the fruit of ſuch perſwaſions or Actions been exhibited in view and in things exiſtent? I anſwer, Well enough: And this leads inquiry into two things yet behinde fitly, and to this place reſerved, and they are, 1. What the Lawyers have given in as their Opinion upon the former or like Grounds. 2. And what has been D…ne: What the one have thought, and has been the fruit of the other ſeen in the World.

And firſt, Ask the learned in their profeſſion: It uſes to be ſo, and prudence thinks it has had eſpeciall work in ſuch obeyed directions. To the Phyſitian in doubt of a diſeaſe; To the Artificer in a point of skill; To the Divine in a Caſe of Conſcience; To the Husbandman or Artiſt in that their callings or converſations fit them to direct about: Every one of theſe is wiſe in his work, as the wiſe man ſays, and we uſe to rely on the Practiſed and Experienced. Go then to the Student, Ask the Counſellor, Move the Judge, Apply to a whole Jury of Judges, or the Corporation of Learned Men, diſperſed through the Land, There is never a one will ſet his hand or his thought to the Contrary, or deny it to This, That Tythes are as due to their due Receivers as any thing elſe to whomſoever it is due: He cannot go againſt his own light, He muſt know This, and he ought and will ſubſcribe and do accordingly. 'Twere ſtrange to finde one of a Kinde ſingular from all the reſt: He were a Monſter of his profeſſion that had the protuberation of a ſtrange opinion exceſſive and ſwelling out of his boſome, different from all other of his ſort: And as ſuch they would look upon him at Weſtminſter, that ſhould peep out into the world with this new diſcovery, that Tythes are any longer Alms, or a Voluntary Benevolence for the ſupport of Chriſtian truth, not Duty and a Due by ſtrict retributive Juſtice. Have they not councelled? Have they not practiſed? Have they not judged? Do they not Judge, and ſtill commit ſentence to execution accordingly? And manage the whole ſeries of their moſt honourable ſtudies, and imployments Still as upon ſuch a Suppoſition? Unwilling men have not Given, but Paid: Could they ever relieve them? They have complained, Their goods upon this pretence have been taken from them: Where was their remedy? Their Neighbour Bench had Ordered, Appointed, Given, It ſhould be ſo: Whence any Comfort! Nay, They, the Secular Courts themſelves have aſſiſted. For if the Conſiſtory appointed, and the convicted denyed to pay, The ſentence of Excommunication was Orderly and Leiſurely but Certainly backed with the Writ De Excommunicato Capiendo, to take him that refuſed as a Rebellious Son of the Church into ſafe Cuſtody of the State, as contumacious and refractory to allowed orders,Ridley: View of the Laws par. 3. chap. 2. ſect. 2, 3, 5, 6. and No relief, but ſtill and more aſſiſtance and farther proſequution by whatſoever Ployden and Littleton could do, that one ſword might help another. Nay, themſelves have interpoſed (ſome ſay, Too far; the Statute never meant it) at the firſt inſtance, and drave on the Statute of treble damages for Juſtice to Execution in their Court: And were they not Juſt even when they were, Judging as the King Ahaſhuerus deſired the Queen ſhould be, Vaſhti according to Law? Eſth. 1. 15.

But to inſtance in ſome particulars. Of which thoſe that offer themſelves are too many, therefore I content to take up my ſelf with a few: Beginning with that right worſhipfull and learned Benefactor even to the Learning of an Univerſity, the moſt deſerving of Religion, Vertue, Learning, and all Goodneſs, Sir Henry Spelman. He was not indeed a Lawyer; but More: Himſelf bewails the miſ-guiding of his tender years1In praefat▪ ad Gloſſar. pa. 1. and in his Treatiſe of Tythes, pa. 161. too ſoon out of the direct way to graduated and profeſſing in that moſt excellent knowledge; But he that ſhall heed the demonſtration he gives the world of his Sufficiency in thoſe Noble Studies by his Gloſſary and ſundry other exact pieces extant, will be forced to confeſs him above even meaſure for a Profeſſour, and not unworthy to teach ſome Maſters; As having digged down to the foundation of our Fundamentals, and not unworthy to ſit in the higheſt Chair of the Learned. Now he tells us in one piece, (as I remember, for I have not the Book by me,) that although Tythes and other Rights of the Clergy had not been primarily due unto God, by the (immediate) rule of his Word, yet Are they Now His, and ſeparate from us by the voluntary gift and dedication of our ancient Kings and Predeceſſours: and who ſhall violate the will of the dead! whoſe impiety ſhall dare alter, change, invert, divert the ſtreams of their pious bounty, and heavenly inſpired charity, out of thoſe channels their wills ſet them in, to move toward and end in the advancement of Gods glory! If it be but a Mans Teſtament,Gal. 3. 15. ſaith Saint Paul, who diſannulleth or addeth thereto, being once confirmed? and ſhall not religious indowments be yet more ſafe, and from violation, being Given Legacies, and having all poſſible humane confirmation! And in a Treatiſe publiſhed ſince his death, he is yet more expreſs; ;Tis fully and ſolely of the Right of Tythes, and (taking the ſubject at large) He begins, That God will have a part not onelyonly of our Time, but Goods: That Chriſt releaſed not Levi's part in them: That there is ſomething in nature for That dueneſſe and proportion: That they are due by the Eccleſiastical Laws of Councels, by the imprinted Laws of Nature, by the written Laws of God, by the received Ordinances of Nations, and laſtly, ſcrewing it up to the equall heighth of our propoſition to a ſyllable, That they are due (with us) by the Law of our Land. Chap. 27. pa. 111 &c.By what Law? the very Secular, Temporal, All-ruling, All-giving, which ſettles all men in their poſſeſſions and inheritances; and he alledges for it divers of thoſe principles which before (as not borrowing of him) we alledged to this purpoſe: (whence alſo we hope We have not been miſtaken, becauſe we finde his vote conſenting and ſtrengthning ours.) As K. Edwards Law, K. Aethelſtanes Law, K. Edmonds Law, K. Edgar, Knout, and the Confeſſour, beſide the Conquerours:

Heu tot ſancitas per plurima ſaecula leges Hauſerit una dies! hora una! & perfidus error!

as he exclaims: Shall one mans days change all ſo many! and the fruit of beſt humane wiſdome ſo ripened by time, and grown (as an Oak) by leiſurely degrees to greateſt Maturity of ſtrength be pulled down by ſudden revocation! If the things were lawfully conferred, (as none can doubt but they were ſo, lawfully,) Then let us conſider, (ſays he) how fearfull a thing it is to pull them from God! to rend them from the Church! to violate the dedications of our Fathers! the Oaths of our Anceſtours! the Decrees of ſo many Parliaments! and finally, to throw our ſelves into thoſe horrible curſes that the whole Kingdome hath contracted with God (as Nehemiah and the Jews did, Nehem. 10.) ſhould fall upon them if they tranſgreſs herein! Say then that Tythes were not Originally due unto God, &c. ye… are we in the caſe of Nehemiah and the Jews, Nehem. 10. 32. They made Statutes by themſelves to give every year the third part of a ſhekel for the ſervice of the houſe of God. And (ſo) our Fathers made Laws among themſelves, to give a portion of their Land, and the tenth part of their ſubſtance, that is, the Parſonages for the ſervice of the houſe of God.Deut 23. 20. If they were not due before, they are now due: For, When thou voweſt a vow unto the Lord thy God, thou ſhalt not be ſlack to pay it, for Jehovah thy God will ſurely require it of thee, and …o it ſhould be ſin unto thee. Therefore ſee Act. 5. 4. If the King give a gift of his inheritance to his ſon,Ezek. 46. 17. his ſon ſhall have it: If he give it to his ſervant, his ſervant ſhall have it, (their times:) If the King then give a gift to his Father, that is, God Almighty, ſhall not he have it? or, the ſervant to his Maſter and Maker, ſhall not he enjoy it? Who hath power to take that from God, which was given unto him (if not by vertue of any command from, yet) according to his word, &c.

Thus far that learned and pious Knight: Which yet I have not tranſcribed ſo fully as I meant, becauſe the words of the Laws alledged by him, in the ſenſe we doe, and for proof of the ſame concluſion, were repreſented in words at length before upon occaſion; And yet thus much too was needful to ſhew conſent, that we vent not, nor invent of our own, but of the ſame words make conſtruction to the ſame purpoſe, and have the ſame apprehenſion of things upon the ſame grounds he both had and gave: Premiſes and Concluſion the ſame from the ſame; for ſingularity either of opinion or proof brings always with it ſome ſuſpition. We ſee, he ſaith & here proveth, that beſide Canonical, Natural, Moral, and as it ſeems unto him, Divine Law, our Civil Laws have added whatever of ſtrength they can give to create a Topical and Engliſh Political home-right of Dominion & Power: Jure Soli as they uſe to ſpeak, as well as Jure Poli, to ſettle theſe Dues where they are. The former may have been our Anceſtory Principles and Rules which guided them at firſt in ſettling as they did, (and with theſe, many things elſe,) But now we little need to go ſo far, (unleſs ex abundanti,) for Surpluſage of ſtrength; for however it may have been diſputable at firſt of the Natural or Moral right (as of ſundry other things, Manours, Honours, Inheritances, &c.) which concerneth alſo the Indians yet, or other Infidel Nations, in ſtate that ours once was of, To be converted, where, nothing publick hath been done or paſſed for them; Yet as when Ananias and Sapphira had given, the ſtate of things was altered, and their Duty or Danger; So here the Pactional and Civil having made chains of continual and ſucceſſive binding Ordinances to hold, retain, and keep theſe things faſt and thus, Now the principles may ſtand by, the inference being juſtly made, ſtabliſhed and of force, and without further inquiry, the Stated Made Right muſt be here enough, or None have with us any thing.

This worthy and Worſhipful Knight (whoſe degree gave him not ſo much title to thoſe honouring Epithetes, as his Worth and true Worthineſs, as we would call it Worthyſhip, and who honoured his Titles, as much as They Him) was a man ſingularly Learned, profoundly Judicious, of moſt tender conſcience, and lively, quick zeal and love of his God, and Chriſt, and that his flock which we call the Church: no way intereſſed, ſave to his own prejudice, and by his lay condition rendred incapable to reap any fruit of this Harveſt, hee here ſo earneſtly ſtrives to defend from ſpoile, nor like to eat a bit of that bread, he here ſo zealouſly defends in behalf of the true owners, (Memoria justi in benedictionibus;) yet it pleaſed God to ſtir up his heart, and he that touched the Prophet Eſays lips,Eſ. 6. 7. with a coal from the Altar, no doubt touched his heart and quickned and directed his minde to indite, and his pen to write and ſet down many profound and unanſwerable arguments for truth againſt ſacriledge, kept ſecret from thoſe that ſtand always in the houſe of the Lord in the Courts of the houſe of our God, as the Pſalmiſt ſpeaks,Pſal. 135. 2. the profeſſed and dedicated ſervants and Votaries of the Temple; and becauſe unintereſſed to make him the fitter and more likely to be ſucceſsful Champion of Juſtice, Truth, and true Religion, in their outward viſible ſupports, then thoſe whoſe known intereſſes would always have taken of and diminiſhed from the worth or effect of their ſufficient, or never ſo well-meant undertakings and performances. Which outward ſupports let them be ſtirred when they will, (men may dream and think they propheſie, but) an ordinary Humane eye can in reaſon probably fore-ſee nothing but very ſoon & too ſure the decay of Religion, the fall of the Church (as to outward frame, order, and ſupport,) and Chriſtian piety it ſelf (I ſpeak in humane conſideration ſtill) ready to fal…flat down to the ground, or degenerate into Natural. God can ſuſtain it miraculouſly, & feed his ſervants waiting on the Miniſtery thereof now, as he did his people in the Wilderneſs,1 Kings 17. 6. or the Prophet Elijah by a Raven, or yet more miraculouſly without any meat at all; or perhaps in as equally ſtrange and wonderful way, by the men of this world their voluntary Benevolence: But ſpeak according to inferiour probabilities as things depend here on their cauſes, or in humane expectation, which is to be our lower rule, and thus, He that conſiders the Courſe of this world, the fleight eſtimation that moſt have of the beſt things, the ſtony-heartedneſſe of men to part with what they Once Have, the neceſſity of bread for man to live on, and the unlikelineſs of enough to come in for this end any other way, Cannot but conclude (the rather, becauſe ſome Preachers have been reported ſtarved of late, One by very likely information I knew, conformable enough to the times, yea zealous for them,) that there is much cauſe to Fear, leſt the Light fail with the Candleſtick, the Miniſtery fall with the Means holding it up, the Goſpel be a ſilent word when there is no voice of a Preacher, nor will be Preaching much longer then holdeth out this Maintenance. Thoſe Labourers of the Lords Harveſt fixed in their ſtations are not like to be preſerved much longer in Being, Health, Order and Number, then this accuſtomed food is allowed them which they may Claim as their Own (not being beholding to Others, or Depending, which is always grievous to ingenuous natures,) But as they labour ſo be ſure to live. Plenty and delicacy are not the things ſtood upon: Religion, though ſhe know how to abound, as well as to want, and how to diſpoſe of ſuperfluity as well any other, yet ſhe cares not or ſtands not much upon Wine and Cates; Let the Epicures and men of this world hunt after this draugh & ſenſual contentments whoſe empty and carnall ſouls know no other means of contentment or comfort,Phil. 3. 19. whoſe Belly is their God, and Glory their ſhame, minding the Earth, as the Apoſtle ſpeaks, and whoſe care is onelyonly to feed, grow fat, and lie down with the Swine, 'tis much to be doubted alſo to riſe with him: But Being and Comfort are thoſe Bleſſings which even the Children of God deſire to be made partakers of in this world with ſubmiſſion to the will of their Heavenly Father, To have to live of their Own, and not be burdenſome but rather helpful to others, their reaſonable deſire, And that they may finde the Scripture true,11 Cor. 9. 11. They that ſow ſpirituall, 'tis no great matter if they reap temporall; and2Gal. 6. 6. Let the Catechumene (He that is taught) commnnicate unto his Catechist, (or Teacher) (which how can it be done better then in the way of the Tenth of all?) foreign, in all things neceſſary, or as 'tis uſually rendred in all his Goods. This is that men In this world though not of this world, will always ſtand upon while they live here below in this ſcratching and ſcambling world for honeſt as well as neceſſary ends; O that mine eyes could ſpy a way, if that which Is, mens greedy parcimony and ſtubborn perſiſting in Unjuſt as well as Covetous deſires will have no denial but they will be left at liberty to pull away, How a conſtant ſupply ſhould come in (while men have ſouls,) to ſupport an Army of near1For, near ſo many diſtinct Pariſhes there are in England already, beſides needfull Chappels, & ſeems much requiſiteneſs of more by the over-grown bulk of Divers in Sundry laces ſince the laſt diſtribution. ten thouſand able Commanders, who ſhould praeſide and govern (decently, orderly, and as becometh the Miniſters of Chriſt) over ſo many diſperſed Congregations. The ſlender endowment of many Vicarages not hitherto at all increaſed, The wretched allowance of little more then ſome Shepheards wages uſuall for Cure of ſouls, and by the bounty of the Pariſh ſeldome or very little augmented, The yet worſe way in many other places, where was more liberty of raiſing a ſupport by voluntary rate and leſs expectation according to Law or Obligation by it, Do give cauſe of even Trembling fear to think, when this liberty ſhall be inlarged to All, and men be bound to pay no more, then what they can be content to allow themſelves to be forced to part with, Whether then there will be almoſt any diſcharge of Cure at all, or the weekly ſacrifice perhaps altogether ceaſe, if the neceſſary ſupply of means for the outward bodily labour, ſhould be ſuffered to come in in that Experienced ſcant way, which hath hitherto left the higheſt and beſt houſe in the Pariſh no better furniſhed with a Levite to ſerve (or rather to ſtarve ſouls) then were Jeroboams Prieſts heretofore,1 King. 13. 33. the loweſt of the people? O Chriſtian, if thou be, look upon the Impropriations (as ſtyled) in generall, Behold there the Image of Pharaohs lean kine in the ſlender ſlack allowance uſuall, a next to Beggarly Exhibition of what would little more then keep a ſingle ſimple man alive to Read, where Legall indowment had ſtated no more, A Faulkoners or ſome good Journey mans entertainment exceeding what was uſually allowed by the Rectour who received all the Tenth from the people, And yet worſe of my knowledge where the free-will-offering of the people of a Pariſh hath not for all the Kings Reign, nor doth yet raiſe above half a good Shepheards wages, about ſixeſcore ſhillings yearly for the Shepheard of ſouls; And then, if thou have any Bowels of compaſſion over ſouls, keep them from earning if thou Canſt, If thou have pity or love to Religion or Chriſtian Men, think hereof and judge accordingly. Experience, the Miſtreſs of Fools may at ſome times perhaps teach wiſe men more wiſdom; Let it at leaſt furniſh us with Caution, by what has been to make ſome eſtimate what is like to be, What may, or will, or perhaps Muſt; and to be wary, look back, and Compare where no ſtated ſet allowance has been by Dues to be ſued for, and then judge. I do not ſpeak abſolutely: I am no Prophet or the ſon of a Prophet, Our foreſight of things in their cauſes is always here but dim and as of Probabilities; The ſuffering every man to walk in the ways of his own heart, in this matter, and to follow the light of his own eyes, May tend I confeſs to not the worſt prejudice, or by altering but to ſnuffe the light that it may burn clearer and to more content of thoſe ſhall both maintain and uſe it; yet no man hath cauſe to be offended with my jealouſie in the things of my God, tendereſt care and fear of the worſt about his Honour, or that in zeal to the worſhip of his Name I poure out my ſoul in devout ſupplication, God grant it tend not to put the Light clean out! Heavens vouchſafe this great favour to Earth that Covetouſneſs triumph not over Religion, and Having away what is thus Coveted, lead to and end in worſe then Popiſh even Heatheniſh darkneſs! For this I know, Heathendome (as the word was when it went off,) was here before Tythes were paid, Never effectually expelled but by them (outwardly, the Grace of God concurring:) The fence and Bulwark they have been that have kept out both it and other Errours God knows how many; If the fence be removed, whether the Beaſts of the Common will not break in? if the bank be cut, whether naturally there be not like to be a return of former inundations ridven and kept out thereby? is left to reaſonable judgement; we can but gueſs, God onelyonly knows. This by the way: to return.

Our next impartial Councel we crave leave to take Maſter Selden, who ſeems to offer himſelf in his printed Declarations: Learned Councel indeed, and being Lay, and ſo altogether unintereſſed for benifit ever will be preſumed to ſpeak with the more indifferency: and, when truth and the ſtate of things permits, he comes up and fully home, as can be deſired. He fluctuates indeed in time as long as any, but ſettles with the more judgement at laſt, and aske that chooſeth and ſifteth his Corn hath lightly better bread then he that takes what comes in his way, or out of the full heap: So hee that firſt examines, and then judges. Crave leave then to ask his opinion, Are Tythes juſtly civilly due? Hee hath already declared himſelf in publick in the hearing of all the world. Take but the ſixth part of what he has laid down in his Hiſtory, and it may be abundantly enough. Or but Secure the Juriſdiction, and That, as has been often ſaid, is ſufficient, the reſt will follow of it ſelf, for which Caſt an eye back to what was ſaid before. Will Poſſeſſion do, or ſo much time as may create Praeſcription? for this alſo he hath ſaid, and there hath been given from him enough, which may not here procure trouble by tedious repetition. Remember what he ſaid was Clear Law, and ſince Edw. 1. time a Parochial Right Univerſal. It is not more certain that he wrote, then that in way to his deſign of, An Hiſtory of What Had been, he lets fall enough for Now due and the Right that is: which bottome the reſult of his painfull diſquiſitions often ſettles upon. Theſe two are the chief, and their teſtimony given in upon record, more then publick which goes forth to All, and being in Books deſerves that of the Pſalm, Their ſound is gone out into all Lands, and their words unto the ends of the world: Perhaps may bee read and acknowledged in the Indies. Now after theſe it may be ſuperfluous to adde the other that offer themſelves, and in no leſs publick way ſtill, the Preſs, that uſually ſpeaks with a thouſand voices at once, and is heard, to any diſtance, the Eccho may remaine to all generations; As, W. C. in his Tything Table, printed in the Queenes time, and re-printed often ſince, 'tis in the hands of all men, and rivels out the generall Subject into many particulars: Doctour Sir Tho. Ridley, In his view of the Law, par. 3.who hath laboured not unprofitably in the ſame argument: Maſter Hughes of Grays Inne, His Book is called, The Parſons Law: and Judge Dodderidge (or Bracton the ſecond, for ſo I would compare and parallel their profound ſoliditie) in his, Compleat Parſon: More there are others, ſcarce any One man knows how many, and they all contribute their united and unintereſſed vote and ſentence hereto, proving ſometimes, but moſtly ſuppoſing a Right, which is more, though the two former I chiefly rely upon. Ask the next man met, and if he know any thing, I know he muſt know this, and will I believe give it in Co-atteſtation with All, Nor can hee approve himſelfe an Engliſh man that hath brow, (for brains he hath little or none, knowledge either of Diſcourſe or Experience,) that can upon deliberation deny it.