The Civil Right of Tithes, Ecclesiastical tract · Chapter 19

The Civil Right of Tithes · Ecclesiastical tract · Chapter 19

p. 148CHAP. XXI.

AND hitherto then upon the proper Stage: Let us next look upon the lookers on, and ſee whether the Neighbour ſecular powers have either not looked this way, or ſaid nothing, or not in allowance of what there: The Church impowered as before, hath acted as hath been ſeen, to a full and faſt determination of Right according to what ſhe had in Commiſſion, (or if ſhe exceeded or went too far, was checked, as hath been ſhewed alſo:) But now hath the ſecular ſtate added no collaterall ſtrength, to connive at leaſt, and more, at what hath beene there done? Surely ſo: As they have done their own buſineſs, Hers alſo having been taken in by the by, ſometimes in direct aſſertion, oftner by glance and occaſionall reflexe, but by ſuppoſition conſtantly ever; That ſuppoſition alſo often expreſſed, as uſes to be in collaterall, not purpoſed mention of things, but never but underſtood and meant, as may be known by the evidence of things, as they have been done, and are left remembred; Their very11Sub factis autem moraliter veniunt & non facta conſiderata cum debitis circumſtantiis. Sic qui ſciens & praeſ…ns tacet conſentire vide…ur, niſi circumſtantiae oſtendant quo minus loquatur, metu eum vel alio caſu impediri. Grot. de Iure Bell. l. 2. c. 4. ſect. 5. ſilence (if nought elſe were) implying conſent, and ſuffering the Eccleſiaſticall to continue medling with things of Temporall worth, and not forbidding, being ſtrong evidence that they did allow. Sometimes indeed the tranſgreſſion of limits hath been queſtioned, and this the true ground of All Prohibitions, p. 149when the Church would meddle of things of 11Regulariter verum eſt, quod judex Clericus cognitionem non habet de Laico feodo alicujus. Bracton de Except. cap. 12. ſect. 3▪ Rex illis Iudicibus Eccleſiaſticis ſalutem. Prohibeo vobis ne teneatis Placitum in Curia Chriſtianitatis quod eſt inter N & R: de Laico Feodo praedicti R. unde ipſe queritur quod N. eum trahit in placitum in Curia Chriſtianitatis coram vobis, quia placitum illud ſpectat ad Coronam & dignitatem meam. Glanvill lib. 12 cap. 21. & vid cap. Sequ. Bracton de Excep. cap. 3. & 4. vet. tot. Flet. lib. 6. cap. 37. ſect. 5. & alibi paſum.lay fee, as the general word was, de rebus tangentibus Coronam & dignitatem noſtram, for then the King would forbid that extravagancy, and ſtop the proceeding, as reaſon he ſhould: But if keeping the due bounds, and not going beſides the nature of allowed buſineſſes, in spiritualibus & annexis; Now the Juriſdiction it ſelf was never queſtioned, but things reputed immoveably firm that had their determination here, and the watchfull eye of a jealous neighbour either ſpied nothing, or ſaid nothing, (and in that much:) or if any thing, by inſinuation, All was well; Hucuſque, and contentment there ſhould be no Prohibition.

But to come to ſome particulars, having ſecular and more immediate Royall influence, (in giving of which I doubt not but the performance of promiſe ſhall farre exceed the meaſure of my undertaking, or reaſonable expectation, all things conſidered, and that the proper Repoſitory of ſuch things from their nature is elſewhere:) and I begin with the great Charter, one of the moſt Authoritative Inſtruments, and ſolemn ſealed and proclaimed deeds and Laws that our State has, or the Lawyers themſelves know where to ſeek for. The beginning thereof is this, Edward by the Grace of God King of England, &c. We have ſeen the Charter of the Lord Henry, ſometime K. of England, our Father, of the Liberties of England in theſe words: Henry, &c. which we confirm.)

Chap. 1. Firſt, we have granted to God, and by our preſent Charter have confirmed for us and our heires for ever, that the Church of England ſhall be frée, and ſhall have all her whole Rights, and Liberties inviolable. We have granted alſo, and given to all the Frée-men of our Realme, for us and our heirs for ever, theſe Liberties, &c.

This is a little more emphaticall in the Latine, which for the better countenancing both of the teſtimony and the thing, p. 150I chooſe to repreſent from a fair Manuſcript in the publick 11S 1. 8. Iur.Library of Oxford, where thus: Imprimis conceſſimus Deo, & hac praeſenti Carta confirmavimus pro nobis & haeredibus noſtris imperpetuum; quòd Eccleſiae Anglicana liberae ſit, & habeat 22That is, That all Eccleſiaſticall perſons ſhall enjoy all their lawfull Iuriſdictions, and other their rights wholly without any diminution or ſubtraction whatſoever; Cook Inſtit. 2 pa 3.Jura ſua integra, & lib…rtates ſuas illaeſas. Conceſſimus etiam omnibus liberis hominibus, &c. This is that Charter in the ninth Chapter whereof is confirmed the Charter of the City of London; in the fourteenth, That none ſhall be amerced unreaſonably, but ſalvo contenemento, as he may be able to bear; in the twenty ninth, That no man ſhall be outed of his Frée-hold but by courſe of Law; (ſo much ſtood upon formerly, lately, and juſtly, and ever to be ſtood upon:) Every line whereof might have been written with ſome of the ſubjects bloud it coſt; and in anſwerable price of worth containeth ſome piece or other of a firm wall to keep out Invaſion, and hindering will and power gotten ſtrong from entring upon and trampling downe the peoples Libertie; Wherein note two things granted to the Church, ſc. That ſhe ſhould have all her 1. Rights, 2. Liberties: Thoſe Rights, Intire: Thoſe Liberties, Inviolable. What were firſt her Rights?33The Councel of Aenham had flyled them before Deo debita Iura. cap. 1. in Spelm. Concil. pag. 517. and K Knout likewiſe in his Laws, cap. 8. in Lambard. Archai. pa. 101. And before either, K. Alfreds League with the Danes: Dei Rectitudines. Spelm. pa. 377. The whole face and condition of things repreſents it ſelf ſuch, that if any thing were, Theſe were now Rights. Tythes, no queſtion: Even then: generally due, and univerſally paid, and ſo for a long time had been: There needed no more then, or the Ages before, but to prove the land in the Pariſh of Dale, and the Tythes were caſt upon the Church of Dale without any Evaſion; And this ſo true and known, that there is none from the information before or other acquaintance with the ſtate of things as they were, truly informed, but muſt grant as much as I ſay without haeſitation: And theſe rights were alſo granted Intire. Next, what were her Liberties? A volumne were here little enough, and I had once thought of laying together Many. But to our preſent purpoſe let a few Acts of Parliament expound what one priviledge at leaſt was. In 18 Edw. 3. there is a ſtatute for 44Pulton p. 143the Clergy, and it was granted in regard of a Triennial diſme given that Martiall Prince to further him in his Wars for France. In the ſixth Chapter, whereof is mention of ſome Juſticers appointed to the impeachment of Eccleſiaſticall p. 151Juriſdiction, (of11The knowledge of all cauſes teſtamentary, cauſes of matrimony and divorces, rights of Tythes, Oblations, and obventions by the goodneſs of Princes of this Realm, and by the Laws and Cuſtomes of the ſame, appertaineth to the Spiritual Iuriſdiction of this Realm, &c. Statut. 24 Hen. 8. …2. Tythes among other things, why may we not well underſtand?) and is againſt the Franchiſe, this Statute ſays, of the Charter. Let the words ſpeak their own ſenſe. Item, Whereas Commiſſions be newly made to divers Juſtices that they ſhall make inquiries upon Judges of holy Church, whether they have made juſt proceſſe or exceſſive in cauſes teſtamentarie and other (cauſes decimall, as notoriouſlie doe belong hither as teſtamentarie, a hundred proofs are for it) which (yet) notoriouſlie pertaineth to the cognizance of holy Church, the ſaid Juſtices have inquired and cauſed to bee indicted Judges of holy Church; in blemiſhing of the Franchiſe of holy Church, that ſuch Commiſſion be repealed, &c. See here what Franchiſe is in part, ſc. to have Eccleſiaſtical Juriſdiction free, proved by that to diſturb it is a breach or blemiſh of the Franchiſe. Next take another gloſs in the plain text of 1 Rich. 13. where22Id. pa. 200. The Prelates and Clergy of this Realm do greatly complain them for that the people of holy Church, purſuing 33That this apprehenſion may not ſeem a miſtake, this very Chapter I finde alledged heretofore to prove that the proper ſcene of trial of tythes is the Eccleſiaſtical Court: by M. Fulbe…k in his parallel, par. 2. Dial. 1. ſol. 6.in the Spirituall Court for their Tythes (there is the Juriſdiction and this particular aſſerted) and their other things which of right ought, (there's more then poſſeſſion, Due,) and of old times were wont to pertain to the ſame Spiritual Court, (there's continuance of time, or preſcription) and that the Judges of holy Church having cognizance in ſuch cauſes, & other perſons thereof medling according to the Law, be maliciouſlie and unduly for this cauſe indicted impriſoned, and by ſecular power horriblie oppreſſed &c. againſt the Liberties and Franchiſes of holie Church: Wherefore it is aſſented that all ſuch Obligations ſhall be of no value, &c. Here another ſtatute interprets what Liberty and Franchiſe is by that the clogging of Eccleſiaſticall Juriſdiction, in this matter of Tythes was a breach of that Franchiſe; and ſo after when the Ciſtertians endeavoured to exempt their Formours Lands as well as their own from paying Tythes, that due power could not fetch them in, this was again againſt the Franchiſe, as 44Alledged hereafter.complained in Parliament, 2 Hen. 4. 4. And laſtly, a55The Annals of Burton cited by M Selden of Tythes, cha 14. pa. 419. National Councel repreſented as one of their grievances at p. 152London, 21 Hen. 3. The over-laviſh uſe of the Indicavit, whereby the Kings Judges would firſt determine what tythes were due, to what Church, and this was in Regno Angliae in praejudicium libertatis Eccleſiaſticae. Which things may together ſhew fully enough, what the breach of Franchiſe was, and by conſequent what the Franchiſe it ſelf, by the beſt which is publick interpretation: Whence alſo likelieſt this was the meaning of the Grant: That the Church have all her Rights, that is, Tythes (with others) intire: and all her Franchiſes, that is, Juriſdiction, (Decimal, as for other things, to bring them in,) Inviolable; no leſs then which could be meant by any likely conſtruction. Or otherwiſe Thus; and the ſtrength of this title may here have received two ways augmentation. 1. As Tythes were a Right and ſo warranted and intended to remain ſuch. 2. As they came within the compaſs of Eccleſiaſticall Juriſdiction, which, if they were given before, and any Law had aſſured them, (as many had doubtleſs,) This was then here allowed to bring them in: And ſo were it perſonall or praediall, lamb or wooll, ſheaf or heap, muſt not now then have been withholden, but were due, and muſt be paid, yea, by the great Charter, yea, while that Charter was in force, could not be denyed, for that herein were confirmed, to the Church all her Rights (Tythes) intire, All her Liberties, (Juriſdiction, Decimal) inviolable; and Wrong muſt have been to deprive her of thoſe Rights, (of theſe Tythes,) of this Franchiſe, (of that Juriſdiction) Or otherwiſe laſtly, Thus: Let but the Juriſdiction, that Liberty, be ſuppoſed to have remained, and this would bring in all the reſt: For, let the Church but have been heard to ſpeak out in that which ſome accounted then doubtleſs as things were (in a qualified ſenſe) the voice of God, which was the voice of the Law, and this could have ſpoken out nothing but roundly and home for Tythes: For they were Due, then Due, and ſo Due: Let that dead letter be then but thus have been quickned by lively ſentence, and the Law be heard ſpeak out according to truth and righteouſneſs, and the voice could be nothing elſe but for deſired Juſtice, Truth, and Them.

p. 153Of what eſtimation this Charter yet is and duly ought to be with all the good people of England, much need not be ſaid: Magna fuit quondam magnae reverentia Chartae, as one ſaid, It uſed to be looked upon with no other but an eye of reverence. It coſt the ſubject both wealth, and treaſure, and blows, and bloud, before it could be obtained; And after at the rate of the lives of thouſands, and by the prudent and ſucceſsfull interceſſion of ſome Church-Miniſters (who perſwaded and prevailed with the King to paſs it,) as well as any other; it was granted, it had the moſt11The Archbiſhop, Biſhops, and the reſt of the Prelates pontifically apparelled, pronounced that curſe with tapers burning, which when they had thrown away upon the pavement, where they lay extinguiſhed and ſmoaking, the King (having laid his hand on his breaſt all the while,) ſware to keep all Liberties upon pain of that execratory ſentence, As he was a Man, a Chriſtian, a Knight, and a King anointed and crowned. Speed Hiſt. li. 9. c. 9. ſect. 82. What the curſe was, who was preſent, againſt whom thundred, that ſhould either break it, or bring in another, or obſerve it being brought, with the ſigning and ſealing, may be ſeen in the old Edition of the ſtatutes, printed 1543. at the end of Hen. 3. and in Flat. lib. 2. cap. 42. pa. 93. ſolemn preſent confirmation that it now appears any publick Inſtrument of this ſtate ever had. It has had22The Lord Cooke has computed to thirty two (in the Proeme to Iuſt. 2) I beleeve more; ſc. twice in Hen. the thirds time: that is, Anno 9. at Weſtminſter, and Anno 52. at Marleborough, cap. 5. Alſo 25 Edw 1. cap. 11. 28 Edw. 1. cap. 1. 1 Edw. 3 cap. 1. 2 & 3 Edw. 3 cap. 1. 4 Edw. 3 cap. 1. Memorand. And beſide theſe ratifications of the Charters, and thereby the Churches R…ghts and Liberties in them, Tythes (in the way ſhown) with the reſt; There were many diſtinct Ratifications in ſeverall either Chapters or Clauſes beſides of the ſame Churches Rights and Liberties. As in the Statute for the Clergy in 27 Edw. 3. chap. 1. in 50 Edw 3. chap. 1. 1 Rich 2. 1. 2 Rich 2. 1. 3 Ri. 2. 1. 5 Rich. 2. 1. &c. more then 30 other confirmations in Parliament ſince: For, for divers33Sc. in Edw. 1. time: Edw. 3. Rich. 2. Hen 4. till about the end of Hen 5. Where it occurs often. Kings Raigns after ſucceſſively, till by repetition that reverence before ſpoken of, was bred and rooted in all mens hearts toward it; one of the firſt things ſtill done in that moſt honourable meeting was to confirm This, and the Charter of the Foreſt; with no leſs regard of care and love, then in Councels and Synods had been wont to be ſhewed to the doctrine of Unity and Trinity in a Deity, by keeping the belief thereof in faith & freſh memory by ſome of the firſt Articles. In preſent, ſeverall draughts were44Cook Vbi Supra pa. 4. taken forth, and the exemplifications ſent under the Great Seal to the great men of the Realm, one of which yet is, (or lately was) at Lambeth, and5525 Edw. 1. c. 1 after renewed under the ſame Signature again, as well to the Juſtices of the Foreſt as to p. 154the Sheriffs and other publik Officers, and to all the Cities of the Land, with Writs to have them publiſhed, and order to 11Ib. cap. 3.every Cathedral to read them twice every year to the people. And not onelyonly their Effata or moſt reverenced contents equalled by Parliament to the Oracles of the Common Law; But whereas Judicia are Iuris dicta, and ſhould binde if any thing, yet all ſentences given in Court22Ib. cap. 2. and M. Charta ca. ult. Quae contra jus fiunt debent utique pro infect is haberi. Reg. Iur. Canon. 64. contrary hereto, are declared null, and of no force, and that by ſentence of Parliament as ſoon as they are given. In preſent all were Excommunicate that were infringers therof, even with ſevere and bitter devotion; all the33Authoritate Dei, Patris Omnipotentis, Filii, & Sp. Sanct, &c. Flet Vbi ſup. powers that men on earth could deviſe or implore from Heaven being uſed to procure and work terrour; And for the future, it was appointed 44And that all. Archbiſhops and Biſhops ſhall pronounce the ſentence of Excommunication againſt all thoſe that by word, deed, or councell, do contrary to the foreſaid Charters, or that in any point break or undo them. And that the ſaid curſes be twice a year denounced and publiſhed by the Prelates as aforeſaid 25 Edw. 1. cap. 4. With another curſe at the end (to bind things as faſt as might be) and Excommunication announced againſt thoſe that ſhould … the ſeven Articles of that Conceſsion, (of which that was the fourth:) In the Name of the Father, the Son, and the Holy Ghoſt &c. in the ſaid old Edition of 1543.this Excommunication ſhould be renewed twice a year in every Cathedral, and55Artic. Super Chart cap. 1 28 Edw. 1. Proclamation twice as often as that made by the Sheriffe in his County-Court (ſc. after Michaelmas, Chriſtmas, Eaſter, and Midſummer,) Three ſubſtantiall men being then choſen to be Juſtices by vertue of that Commiſſion to inquire of tranſgreſſions, and meerly by vertue of that Writ without any other power, they were ſuch Juſtices. 'Tis, in ſhort,66Iam aderat annus ſalutis humanae 1226, & nonus cum regnare coepit Henricus, quo anno Concilium Principum eſt habi…um: Eo in Concilio de Re is pariter … principum ſententia, non parum multa privilegis ordan… ſacerdotal, atque reliquo populo irrogata ſunt, multaeque leges latae, quas Reges qui ſecut… ſunt, Ita approbârunt, ut inde bona pars juris collecta ſit, quemadmodum extat in co libello cujus inſcriptio eſt, Magna Charta, & altera, vulgò de Foreſta, id eſt, de ferarum faltibus. Po yd. Virg. Angl. Hiſt. lib. 16. pa 292. It was for the weſt part declaratory of the principall grounds of the Fundamental Laws of England, and for the reſidue it is additional to ſupply ſome defects of the Common Law, &c Cook Inſtit 2. in Prooem. pag. 2. So of King Iohns Charter; the Barons reached him,—Schedulam quae ex parte maxima le…es antiquas, & regni conſuetudines continebat. Matth. Par. ad an. 1215. pa. 244. And ſee R. Twiſden, Praefat ad Leg. Guil 1. & Hen. 1. pa. 157. the cream and quinteſſence of the whole bulk of the Politicks of our Nation, the Charter of the peoples right, the hedge of their property, the fence of their liberty, the ſtrength of their ſecurity, and the chief bottome of our Laws: Which in the dawning of our late troubles about twenty years ſince, had the violation thereof, all know, looked upon with ſo jealous an eye, that p. 155nothing more egged the people to inforce the Petition of Right (to regain the breaches made whereinto was a part of that Petition,) then a fear they had wrong done them in this their chiefeſt and choiceſt love, which let be but read, and it alone will ſhew what eſtimation quiet ſubjects had thereof in thoſe calm times, and what advantage has been made of both ſince, all know. A Volumne were here again too little: and yet the beginning was plainly, fully, and home for theſe Rights among other: And the Conceſſion of them, which is more, made over, as 'twere, into another world, into the 11When anything is granted for God, it is deemed in law to be granted to God; and whatſoever is granted to his Church for hi… honour, & the maintenance of his religion and ſervice, is granted for and to God Quod datum eſt Eccleſiae datum eſt Deo. Cook Inſtit. 2. pa. 2 upon this Charter.Hands of God, that man ſhould not dare recal or lay his hand upon that was ſo, and To God was Given. Conceſſimus Deo & hac praeſenti Charta noſtra confirmavimus pro nobis, &c. quod Eccleſia, &c. Whereas the peoples Liberties were given only into their Own hands. What will, if this will not, preſerve them intire as they were given? What will render them inviolable, if not the ſacred Omnipotent hand of the22Semel Deo dicatum non eſt ad uſus humanos ulterius transferendum. Reg. Iur. 51. moſt High God, to whoſe protection, power, and ſafeguard, as well as honour and glory, they were by our Anceſtours (who thought themſelves awake in the buſineſs of the Charter) commended? and they thought to equall it with the higheſt offence, that of the Gyants heretofore making attempts againſt Heaven by their daring preſumption, if any ſhould at any time preſume to rob them from That Hand to Which they were, and So given. Many yet alledge and take a part: The ninth chap. in33Whoſe old liberties and cuſtoms are there confirmed: and likewiſe of all other Cities, Towns, Boroughs, &c. behalf of the City of Lond…n: the twenty ninth for a Legall triall of Tythes; and the Petition of Right joyned thereto for liberty and property; that none be outed of his Free-hold but by due proceſs of Law, and many exclamations, bitter ſufferings, hard impriſonments have been, perhaps ought to be rather then loſe their childes portion, in that great Charter, the inriching due Birth-right of every Engliſhman. But is not one mans Right as good as anothers? Does not any injury ſit to as much diſcontent, irkſomneſs and wrong upon the galled back of one ſort of ſenſible perſons, as it doth of another? Or, may not I cry for my Childes part as well as my Brother? The deſpiſed Miniſter of Jeſus Chriſt, Can he have no wrong? p. 156Or has he no right? Or is not he perhaps a Chriſtian, an Engliſh man, a Man, as well as all his kindred, that any private ſpleen, envy, malice, greedy covetouſneſſe, ſelf-love, or other wrongful and injurious paſſion ſhould work in the boſom of his fellow-Chriſtian and Neighbour (who yet loves His Own well enough, and can be content to ſtretch all his powers to make the moſt and beſt of it) to wiſh Him out of His, or endeavour, if it be in his power, to put him out, Quarrelling with him to reſt contented to ſee his name ſtrucken out of the Common Fathers Will; and he ſhall be yet in more danger, if he ſtrive or cry, or do any thing but ſit ſtill and ſubmit, and be quiet while his part of the Charter is taken from him! May not this very ſame evidence, if the poor Preacher and Servant of Jeſus Chriſt, who taketh cure of ſouls for his Maſter, feeding the flock of God committed to his charge, not by conſtraint, but, willingly, not for filthy lucre, but of a ready minde, have any part therein, be as honeſty, reaſonably, piouſly, ſafely, and Chriſtian or Engliſh man-like preſſed home, and contended for earneſtly in his behalf, as for a mans right, a mans eſtate, a mans property? Perhaps a ſingle, ſimple, meer natural man, that as ſuch, by any thing he poſſeſſes is bound to little, that he knows of, ſave to make himſelf ready, eat and drink, keep himſelf quiet or merry, expect the quarter or half years day, tell his rent when it comes in, and in the mean while is at leiſure for Any thing: To ſport and play, game and riot, perhaps for11Rom 13. 13.Rom 13:13 gluttony and drunkenneſſe, chambering and wantonneſſe, luſt and envying; and other ſuch things22Col. 3. 6.Col 3:6 for which the wrath of God is wont to come upon the children of diſobedience. For ſuch are known to live among us and enjoy their dear Own without diſturbance, (which is worſe, in Chriſtian Communion too,) and relinquiſhing neither hopes of Law, nor Goſpel, (not our Law I mean,) to ſee the ſtreams of Pactolus flow, their heaps of wealth come tumbling in on every ſide, which they abuſe (God forgive them) to be the fewel of their ſins, to keep their vices and iniquities not onelyonly burning, but flaming in the ſight of the world,331 Pet. 4. 3, 4.1 Pet 4:31 Pet 4:4 Working the will of the Gentiles, and walking in all laſciviouſneſs, luſts, exceſs of wine, revellings, p. 157banquettings and abominable idolatries, wondring that others (who by the Grace of God have eſcaped the pollutions that are in the world through theſe luſts, and old things are paſt away with them, all things are become new) run not with them, as formerly, into the ſame exceſs of riot, ſpeaking evill of them for it, as the Apoſtle ſays: And ſhall theſe I ſay, do thus, and no man moleſt them, or trouble them, or queſtion (as God forbid they ſhould) for craving, having, and miſſpending what they have Civil right to, while the11Matth 20. 8. chap. 10. 10. Luk. 10. 7. 1 Tim. 5 18Matt 20:8Luke 10:71 Tim 5:18 Labourer is kept ſhort of his hire, 221 Cor. 9. …. 1 Tim. 5. 18. Deut. 25 4.1 Cor 91 Tim 5:18Deut 25:4The mouth of the Oxe muzzled that treadeth the mowe, and kept ſhort of his due allowance; Gods Miniſter onelyonly is pittanced of what may keep him alive and honeſt together, and they that take themſelves for good men, doubt whether they may ſubtract from him his part of the Charter. He is, I aver, He is one of the moſt Neceſſary men in his Pariſh, for diſcharge of duty he would ſooneſt be miſſed of All, if he ſhould be abſent; As great expectation is of Him while he is there, and there is neither Free-holder nor Copy-holder, Yeoman, Gentleman, or ſcarce Any other, who in ſickneſs, abſence, excluſion, or ſo, would be more miſſed of the Neighbour-hood, of any of whom they expect no more then what duly they have of him, and more: And what wiſdom or equity were it then to chuſe out Him to be robbed at the root, deſpoiled of his right, ſhrunk in thoſe ſinews muſt give all his deſigns or godly good works, life, power and motion in this world, and deſire his means of living to be withholden from him due by Law, While other that would very likely do leſs good with it, certainly have leſs duty expected of them for it, have enough and to ſpare, yea, Fruges conſumere nati, men born onelyonly to live and ſpend, have plenty, that nor own, nor pretend to own any neceſſary, fitting, honeſt, manly imployment to the furthering of that common good, whereof they reap the chiefeſt benefit, But (like drones) ſuck the ſweet, and make ſport with the ſweat of other mens browes, wearing Mannours on their backs, and pouring Farms down their throats, ſwimming in golden Lard up to the Chin, as he ſaid, live at eaſe in Sion, neither Fiſh nor Fleſh, having nothing of p. 158Human or Chriſtian, Lay or Eccleſiaſtical, Magiſtrate or Officer, publick or private, charged or they think fit ſhould be charged on their account to God or man, Church or State. I ſpeak not this, that they ſhould be deprived of anything is Theirs, or to ſtir up diſcontented fault-finders againſt them, which I aſſure my ſelf cannot be attempted without ſedition in the State, or ſin to their ſouls who ſhould be ſo troubleſome; Let every Swine have his own dunghil, every man have his Own, as well as do 11Mat. 20. 15.Matt 20:15what he liſteth therewith, as the Scripture ſays; if He mis-ſpend,22Who art thou that judgeſt another mans ſervant? to his own Maſter he ſtandeth or falleth. Rom. 14. 4. And, Why doeſt thou judge thy Brother? or, why doeſt thou ſet at nought thy Brother? we ſhall all ſtand before the judgement ſeat of Chriſt. For it is written, As I live, ſaith the Lord, Every knee ſhall bow to Me, and every tongue ſhall confe…s to God. So then every one of us ſhall gave account of himſelf to God, ver. 10, 11, 12.Rom 14:4 God ſhall judge: But comparatively, If Theſe, then Thoſe, if They have, and none ſubtract or deny, how much leſs, or with equall neceſſity, not from him that331 Cor. 15. 10.1 Cor 15:10 laboureth more abundantly then they all, as the Apoſtle ſpeaketh; and in another place is441 Tim. 5. 17.1 Tim 5:17 worthy of double honour, labouring ſtill in the word and doctrine. God forbid any ſhould have wrong, or not their right, be it much or little, and Who or Whatſoever: But is this ſort of men OnelyOnly inconſiderable, to be ſhut out of door when right is diſtributing, and they alone are Chidden if they ask their Due, or expect their Right from the Petition of Right, and the every man elſe inriching Charter: Heu quòd literulas stulti docuêre parentes! Nay, will they not blame their calling that deprives them of common equity, and ſhuts them out from the open Hall of Juſtice, and they may not claim their due in Every ones Inheritance? It grieves me to conſider, and I wonder it ſhould be ſo: The ſame men that urge thoſe publick Conceſſions ſo earneſtly, and would ſuffer more rather then loſe any of their little ſhares in this univerſal Grant, yet cry out againſt Tythes without moderation or meaſure, take on and complain as of a burden inſupportable, and when their own parts are taken out, They may not be reſtrained of their liberty or abridged of their property, (God forbid they ſhould;) Other mens right or liberties, they may be ſtamped under feet, their Dues are inconſiderable, no dear Own by their Property. I hope and believe they have been hitherto but miſtaken in judgement, and thinking Tythes to be no other but the impoſitions of ſome later ſtatutes, or the uſurpations of the Conſiſtory; p. 159no wonder or blame they would have tyranny aboliſhed, and exactions removed, that every man may enjoy his dear Own, and no man uſurp upon his neighbour in any the ſmalleſt matter: But would they conſider what deep and ſettled, and al over-ſpread radication theſe claims have in all the Civil laws of the land; How the Parliament allowes them, the Petition of Right involves them, the Canon gave them, the Charter confirmed them, the Common Law ſet them up; and all the Politicks of the Nation combine and conjoyn their ſtrength for their legal Dueneſs, as of Any thing: Could they look (paſt ſome ſingle Order or Act,) into the depth of that diffuſed and far-ſpreading Rule and Giver of all Right with us, the Soveraign Law, and there finde that what gives all men right in this Nation, gives here with as undoubted aſſurance, and a manifold accumulation of more ſtrength and evidence, They would then, I truſt, change their notes, or as the word uſes to be, ſing us another ſong; They would not betray their diſcretion to ſuch neceſſary diſgrace as muſt follow upon their deſtroying with one hand, what but now they had ſet up with the other, nor would they take away w^th their left what they gave with their right; but Right, and Charter, and Liberty, and Property, ſhould be all of a ſort, and one mans claim of any thing from or by any of Them as good as anothers. Could they eſpy (that which is) an involved title in theſe publick evidences they contend for, and theſe Dues to be as certainly implied in the Charter (as they are) as their own inheritances; They would no doubt ſoon change their Engliſh mindes in a contrary way to the new-inſtructed11Acts 28. 6.Acts 28:6 Iſlanders of Melita, ſettling for truth and no longer for errour, (Father forgive them, I doubt they have not yet known what they doe,) Hence ceaſing their clamour againſt their neighbours, as thoſe would have no wrong done to themſelves, and accounting it a moſt unreaſonable partiality, not to be owned by thoſe that are in any degree among the loweſt ſort of Honeſt men, to pick out that which is for their22Theſe be thoſe excellent Laws contained in this great Charter, and digeſted into 38 Chapters, which tend to the honour of God, the ſafety of the Kings conſcience, the advancement of the Church, and amendment of the Kingdome, granted and allowed to All the ſubjects of the Realm Co. Inſt. 2. pa. 1. turn in a publick evidence, and throw away the reſt, or make that they have got of power to diſanul it. Mr. Petitioner, whoſoever thou be, I name None, p. 160but mean All, and in love and friendlineſs beſpeak & petition Thee: A. B. C. D. E. F. G. H. or whoſoever thou be that loveſt the Charter, the Petition of Right, or Right it ſelf, hearken; And if thou be a Chriſtian and Engliſh man, be perſwaded hereafter to proceed upon more equall terms, and from a better information of judgement, ceaſe to pervert the right words of the Law; Whatever thou haſt done heretofore in the days of thine ignorance, now taking no other courſe but what is juſtifiable by the rules of common Honeſty. Could I but hear you once reſolve, that every man ſhould have his Own, and Law ſhould be the rule of that, your own choſen Inſtruments ſhould be the evidences, and not any juſt mans plea ſhut out of the Court, be it what, or of, or for whomſoever, I would not then doubt to have gained of your honeſty and ſimplicity a ſtrong patronage of that righteous cauſe now in ignorance and by miſtake ye go about to ſuppreſs, and that ye would appear valiant, yea ſuffering Champions for that equity and right, ye now ſeem reſolved to take pains, if not to ſuffer, rather then permit any longer thoſe that have right to enjoy. Let but a love to truth, and conſtancy to your own principles be with you, and I have enough, I petition, I ask no more. Nor do I altogether deſpair; As great changes have been in the world, and faces about from Weſt to Eaſt, quite contrary to what was once perſecuted or proſecuted in ignorance. The two Theeves ſhamed not to confeſs the truth at laſt: (I equall you not in injuſtice, or meaning wrong, but God grant you and I may equal them both in Turning from out our evil ways, paſſing from death to life, repenting our hidden ſins, and converting from darkneſs to light, from the power of Satan unto God.) Martha loved much after, who before had done that needed much forgiveneſs. Matthew the cheating Publican, turned upon admonition a Diſciple and Apoſtle; And is not Saul among the Prophets, Paul among the Preachers! Good men and true, Remember chiefly that laſt example: Wonder, but Believe it was even ſo; Inquiſitour Saul is turned a zealous Profeſſour, and he that was a buſie Perſecutor, now as active an Evangeliſt and Profeſſour: When Chriſt, who is p. 161the true light, ſhined to his ſoul with awfull beams, he fell down, and recanted, and repented his11I verily Thought this with myſelf, that I Ought to do many things contrary to the Name of Ieſus of Nazareth, which I alſo did at Hieruſalem, &c. Acts 26 9Acts 26:9 zealous ignorance, and though he had received Commiſſion (Acts 9. 2.) from the higheſt then of Prieſts and Powers, yet God cauſed him to revoke all, and we have22Gal. 1 23.Gal 1:23 heard ſay, (as the Jews of him truly,) that He which once perſecuted in times paſt, now preacheth the faith which once he deſtroyed: for which, men glorified God in him. Why ſhould the like be deſpaired of you? of whom I muſt go againſt mine own both hope and full perſwaſion, if I ſhould ſay otherwiſe then that I believe ye have profited thus far, That ye love the truth. Ye mean well, ye will, (why will you not?) be faſt men, and true to thoſe great names of Juſtice, Equity, and Righteouſneſs, as they ſhall be revealed to you, not to your own opinions, (frowardly perſiſted in) how plauſible or profitable ſoever, and as new and better light ſhall ſhine, not be in love with former darkneſs? Be perſwaded, ye may have erred: The Church has right, a Right of Tythes, a Civil Right, a Charter Right; and will you yet go againſt your own principles, and deny other men that right your ſelves think fit almoſt to reſolve to die for? Will ye not grant, what in your own caſes ye ask, and refuſe to give to others, what ye expect to receive your ſelves? ſhall they not have what ye will not be denyed? What Equity, Reaſon, or Conſcience were this? Be valiants be wiſe, be juſt, and conſtant, I crave no more: Or, if ye ye will not, (ſtriving to do to others, as you would your ſelves ſhould be done unto,) How dwelleth the love or law of Chriſt in you! How can you expect that God, who is a God of Wiſdome, Juſtice and Truth, ſhould ever more ſhine with the leaſt ray of his favour upon any of your enterpriſes! This Apoſtrophe was needful: God lay it to your hearts. Remember, there is a day appointed, when God ſhall judge the world by Jeſus Chriſt; and then if you ſhould appear to have wronged his Meſſengers, deſpiſed his Prophets, or driven on any cloſe unjuſt deſign (with ſucceſs) of impoveriſhing and making a prey of their worldly weakneſs whom God hath intruſted with your ſouls; How would you anſwer this worſt of wrongs? What put up in excuſe of ſo aggravated injuries? p. 162Or, what could you think to ſay to ſuch an imputation, Alledged by his juſtice, Inforced by your adverſary, Aſſured by the things, Recorded in his and your memories, Attended with the furies of another world for compleat revenge, and that of the worſt of crimes, hath the leaſt of excuſe, the moſt of ſhame, and (of all you can readily think of) the weakeſt and loweſt hopes of mercy? Eſpecially ſith now the light of truth hath ſhined into your ſouls by better information, at leaſt ſhined upon your ſouls by offer of its bright and piercing beams; ye May have received the truth, which truth would ſet you free (from errours;) Or if no more, yet it hath been laid before you, or you have been told but where it is, that ye may ſeek for it, which will render you far toward Without excuſe.