A Gospel Plea for Maintenance of the Ministers, Chapter 3

A Gospel Plea for Maintenance of the Ministers · Chapter 3

p. 26CHAPT. III.

HAving diſpatched the two principal Propoſitions of greateſt concernment, (wherein I have been larger than I at firſt intended) to ſatisfie all mens Conſciences, and ſtop the mouths of all Gain-ſayers, I now proceed to the third Propoſition.

That if Tithes and other maintenance by Glebes, Oblations, Penſions, formerly ſetled on our Miniſters, be either wilfully withheld, or ſubstracted from them by the people, in part or in whole, the Civil Magistrates may and ought by coercive Laws, Penalties to inforce the payment of them in due form and time, both by the Law of God, and Rules of Iuſtice, without any Injury or Oppreſsion to the people.

This Propoſition neceſſarily follows from the former two: for if there be a juſt, competent, comfortable Maintenance due to all lawfull painfull Preachers, and Miniſters of the Goſpel, even by divine Right, inſtitution, expreſſe Precepts, both of the Goſpel and Law of God; and that as a juſt Debt, hire, wages, ſalary, right, not as a mere voluntary Gift, Alms, Benevolence; and the ſetled maintenance of our Miniſters by Tithes, Glebes, Oblations, Penſions, and other Duties, be ſuch; as I have already demonſtrated: then the Civil Magiſtrates may and ought by coercive Laws and Penalties to enforce the payment of them in due form and time (as our very Officers by ſuch means enforce their Souldiers, Parents their Children and Servants, Schoolmaſters their Scholars, yea our Troopers their very Horſes, held in with Bits and Bridles when unruly, and quickned with Spurs when lazy: and Shepheards their very Sheep, with their Dogs and hooks, when there is cauſe, to do their duties, and reform their Errors) without p. 27the leaſt guilt or colour of Injury or Oppreſsion to the wilfull, obſtinate, or negligent detainers of them; and that by the ſelf-ſame Laws, rules of Juſtice, Reaſon, Conſcience, as all Tith-Opponents yet grant, they may enforce obſtinate or negligent Tenants, Creditors, Maſters, Publick or private Accomptants, Treſpaſſers, Diſſeiſors, and the like, to pay their juſt Rents and Services to their Landlords, their due Debts to their Creditors, their contracted wages to their hired Labourers or menial Servants, their audited Arrears to the publick Treaſury, or others to whom they are indebted upon Account, their aſcertained dammages to ſuch as they have injured, and to reſtore the Goods or Lands unjuſtly taken or detained, to thoſe they have plundered or diſſeiſed of them, yea as juſtly as they may by any coercive Laws and means enforce and conſtrain any obſtinate Perſons or Merchants, to pay all Tenths, Fifteens, Subſidies, Ayd, Cu…toms, Tonnage, Poundage, for defence of the Realm …y …and or ſea when publickly and legally granted in and by a full, free, and lawfull Parliament, duly ſummoned and elected by the people, according to the aa3 R. 1. c. 1.… R. 2. Stat. 2. c. 4. 12 R. 2 c. 12. 7 H 4. c. 14. 11 H. 4. c. 1. 1 H. 5 c. 1. 6 H. 6. c. 4. 8 H. 6. c. 7. 10 H. 6. c. 2. 23 H 6. c. 11. 32 H. 6. c. 15. 9 H. 8. c. 10. 27 H. 8. c. 26. 35 H 8. c. 11. 17 Car. The Act for Triennial Parliaments, Cooks 2 Inſtit. p. 168, 169. & 4 Inſtit. p. 1. 45, 46, 47, 48, 49.manifold Laws and Statutes enacted for that purpoſe: the want of which indubital Ingredients only, how fatal they have been to Parliaments in former Ages, to make them and all their Acts, Iudgements, Orders, Ordinances, mere Nullities, and what a prejudice they have been to the People and Republick too, thoſe who pleaſe may read at leaſure in the Statutes of 39 H. 6. c. 1. & Rot. parl. n. 3.17. c. 7. And the Act for repealing the Parliament of 21 R. 2. in the Parliament of 1 H. 4. c. 3. The reaſon of which Repeal, is thus recorded by Mr. Oliver Saint Iohn in his Declaration in Parliament againſt the Shipmony Iudges, Anno 1640. (printed by the Commons command) p. 33. That Parliament of 21 R. 2. of Revocation, was held by force, as is declared in the Parliament Roll of 1 H. 4. n. 21, 22. That it was held Viris armatis, et Sagitariis immenſis. The Knights of Parliaments were not elected by the Commons Prout mos exegit, Sed per Regiam voluntatem: And ſo the Lords Rex omnes Dominos Sibi adhaerentes ſummonare fecit. Whereupon Nu. 48. Theſe judgements of Revocation (and that of the whole Parliaments proceedings p. 28too) are declared to be Erronea, Iniqua, et omni juri et rationi repugnantia, Erroneous, wicked, and contrary to all Right and Reaſon: So Mr: Saint John, Numb. 37. This was one grand Article of Impeachment of King Richard the 2 l. for which he was then depoſed from his Government by a forced Reſignation. Heu licet quod eo Statuto & Conſuetudine Regni ſui, in Convocatione cujuslibet Parliamenti ſui, populus ſuus in ſingulis Comitatilus Regni DEBEAT ESSE LIBER ad eligend: & deputa…d: Milites pro hujuſm…di Comitatibus, ad intereſſend. Parliamento, & ad exponend. eorum gravamina, & ad proſequend. pro remediis ſuperinde, preu… eis videbatur expedire; Tamen praefatus Rex ut in Parliamentis ſuis ut liberius conſequi valeat ſuae temerariae voluntatis effectare direxit mandata ſua frequentius Vicecomitibas ſuis ut certas Perſonas per ipſum Regem nominatas ut Milites Comitatus venire faciat ad Parliamenta ſua: Quos quidem Milites eidem Regi faventes indulgere poterat prout frequenter fecit quandoque per minas varias et terrores, quandoque per munera ad conſentiend. illis quae Regno praejudicialia fuerant et Populo quamplumum oneroſa, et ſpecialiter ad concedendum eidem Regi Subſidium ad certos Annos ſuum Populum nimium opprimendo. Which I leave to John Canne to Engliſh for thoſe who underſtand not Latin, or our Laws, and would ſtrip our learned Miniſters of their Tithes and ſetled maintenance by colour of an extraordinary call (as he terms it) to ſuch an extraordinary Sacrilegious work as this.

Queſt. But what ground is there in Scripture (may ſome demand) for compelling People to pay their Tithes and other Duties to their Miniſters?

Anſw I anſwer 1. We have the Preſident, Law, and Commandement of Godly Hezekiah, recorded in the 2 Chron. 31.4, 5, 6, 7, 8. with the good effect it wrought, already recited. 2ly. The Examples of zealous Nehemiah, and the Religious Nobles and People under him; who entred into a ſolemn Covenant, curſe, oath, and made Ordinances to charge themſelves yearly with the third part of a Shekle for the ſervice of the Houſe of God: and that they would bring in all their Firſt-fruits and Offerings, and the Tithes of their ground unto the Levites, that the ſame Levites p. 29might have their Tithes in all the Cities of their Tillage, Neh. 9.38 c. 10.1. throughout, ſpecially v. 29, 32, 37, 38, 39. ch. 12.44, 45. which when afterwards neglected, by the people, Nehemiah contended with the Rulers (for their negligence in not enforcing the people to pay them) whereupon this effect enſued, Then brought all Judah the Tithes of the Corn, and the new Wine, and the Oyle unto the Treaſurers, &c. And Nehemiah was ſo far from deeming this Injuſtice or Oppreſsion, as ſome now malitiouſly term it; that he prayes, Remember me, O my God, concerning this, and wipe not out my good Deeds, that I have done for the Houſe of my God, and for the offices thereof, Neh. 13.10, to 15. From which Preſident Nicholas Hemingius (a far better Divine and Scholar than John Canne and all his Aſſociates againſt Tithes) thus reſolves in his Commentary on 1 Theſſ. 5.12, 13. Therefore the Godly are to be admoniſhed. That by Divine Right they owe Stipends unto the Miniſters of the Church. But that nothing may be here neglected to the dammage of the Miniſtry, This care belongs to the Superious. For if Kings be nurſing Fathers to the Church (as Iſaiah admoniſheth) Poſſunt et debent jure divino miniſtris Eccleſiae ſtipendia ordinare, they may and ought by Divine Right (or Gods Law) to ordain Stipends to the Miniſters of the Church, by the example of the most godly King Hezechiah, 2 Chron. 31. That they may wholly addict themſelves to the Law of God. And if the people detain theſe Salaries, and ſetled Dues from them, they may enforce them by Fines, penalties, and Actions to pay them.

3ly. If theſe Examples prevail not, we have the Preſident of a zealous Heathen Prince (who ſhall riſe up in judgement againſt many pretended Magiſtrates, refuſing to aſſiſt complaining Miniſters to recover their juſt Tith…s and Dues from their refractory ingrate people) to wit, King Attaxerxes, who making a Decree for furniſhing Ezra the Prieſt with whatſoever he ſhould require for the maintenance of Gods worſhip and Houſe, Ezra 7.11, &c. concludes it thus; v. 26. And whoſoever will not do the Law of thy God, and the Law of the King (which confirm our Miniſters Tithes and Dues) Let Iudgement be executed ſpeedily upon him, whether it be unto Death, or unto Baniſhment, or to Confiſcation p. 30of Goods, or to Impriſonment. And leſt any ſhould deem this a Tyrannical, Oppreſsing Edict; Ezra himſelf ſubjoyns in the very next words, v. 27. Bleſſed be the Lord of our Fathers, who hath put ſuch a thing as this is in the Kings heart. Which Law if now put into due execution, would ſend Canne and moſt of his Confederates here packing back again to Amſterdam, or ſome Gibbet, or Priſon, and ſtrip them of the Goods they have got by the warres and troubles of the time.

4ly. We have King Darius his Decree for repairing Gods Houſe, and furniſhing the Prieſts there with all neceſſaries they required, which thus concludes with a moſt ſevere penaltie againſt the wilfull Diſobeyers of it, Ezra 6.11. Alſo I have made a D…cree. That whoſoever ſhall alter this word, …et Timber be pulled down from his Houſe, and being ſet up, Let him be hanged thereon, and his Houſe be made a Dunghill for this. H…w many now Gi…be…s ſhould we now have throughout England, and how many new-purchaſed Houſes by thoſe who had no…e of l…te, would be made Dungheaps, if this rigid Law were now put in are? Which may ſtop the clamorous mouths of ſuch who cry out againſt Laws and Ordinances for Tithes, preſcribing more moderate penalties.

Object. But all this is but Old Teſtament will many now object: what can you allege for your Propoſitions p…f out of the Goſpel?

Anſw. To ſtop their mouths, I anſwer,

1. That the Goſpel expreſly commands all living under it, To render to all their Dues: Therefore to Miniſters (to whom I have proved Tithes and other ſetled maintenance to be a juſt Due and Debt) to owe nothing to any Man, Rom. 13.7, 8. Therefore not to Miniſters. But what if bold, atheiſtical, obſtinate or covetous Wretches will not pay theſe Dues to their Miniſters, doth the Goſpel allow Magiſtrates and higher Powers to compel them to it? Yes, in the very antecedent words, v. 4, 5. If thou do that which is evil, (as the defrauding, denying, detaining of the Miniſters, as well as the Magiſtrates, or any others Due Debts and Salaries, is a doing of evil, prohibited by the forecited p. 31words, and many other Texts elſewhere inſiſted on) be afraid, for he beareth not the Sword in vain; (as he ſhould do, might he compell none by it to their duties) For he is the Miniſter of God, even a revenger to execute wrath upon him that doth evil: Wherefore ye muſt needs be ſubject (in yielding to their commanding Laws and Ordinances for Tithes and Miniſters Dues, as well as others, edged with coercive Penalties) not only for wrath (that is, for fear of the Penalties which elſe fall upon you for your diſobedience, exaſperate the Higher Powers and Civil Magiſtrate to execute wrath upon you) but even for conſcience ſake ; which ſhould more prevail with men than wrath and Penalties; though our Tithe-detainers now are grown ſo atheiſtically impudent, as to alledge conſcience for not rendring them, and robbing God himſelf of them, Mal. 3.8. as well as his Miniſters.

2ly. The Holy Ghoſt by the Apoſtle Peter thus ſeconds his former precept, by Paul, 1 Pet. 2.13, 14. Submit your ſelves to every Ordinance of man for the Lords ſake, whether to the King, as Supream, or unto Governours: who have made many Lawes and Ordinances for payment of our Miniſters Tithes and Duties. Yea, but ſay our ſturdy armed, and unarmed Tithe-detainers now; What if we will not do it, as we are reſolved, notwithſtanding all ſuch Laws and Ordinances? What? Are you reſolved to diſobey and contemn Gods Goſpel, Laws and Ordinances as well as Mans? Where is your Religion, your Saintſhip you ſo much boaſt of? Will you **1 Cor. 10.12.1 Cor 10:12provoke the Lord himſelf to wrath, are you ſtronger than he? I preſume, not: Therefore the Apoſtle ſubjoins, That theſe Kings and Governours are ſent by him for the Puniſhment of Evil doers: And ſuch are all thoſe who detain the Miniſters eſtabliſhed Dues, who are not only Theeves and Robbers of God in the Old Teſtaments language, Mal. 3 8. but committers of Sacrilege, Rom. 2.20. Thou that abhorreſt Idols (as many Tithe-oppugners pretend they do) Doſt thou commit Sacrilege and Church Robberie? Acts 19.37. in the New Teſtaments and meer Heathens Dialect; who fall under the juſt puniſhment of Kings and Governours, whom God will bear out in the juſt puniſhment of ſuch p. 32evil doers, or elſe puniſh them himſelf in a more ſevere manner, if the Armed ſonnes of aa2 Sam. 3.39.2 Sam 3:39Zerviah be too hard for David, and bbHeb. 10.31.Heb 10:31It is a fearful thing to fall into the hands of the living God, who even under the Goſpel is a conſuming fire, Heb. 12.29. and hath proved ſo to many Tithe-oppugners very lately, both in conſuming their Houſes and perſonal Eſtate, as well by real fire, as by inflicting Spiritual judgements on their ſouls.

3ly. Our Saviours own words recorded in the Goſpel, are direct in point. Luke 12.57, 58, 59. Mat. 5.25. And why, even of your ſelves judge ye not what is right? (in paying your juſt Dues and Debts to all you owe them without ſute or coercion, as the next words literally import:) When thou goest with thine adverſary to the Magiſtrate, as thou art in the way give diligence that thou mayeſt be delivered from him, leſt he hale thee to the judge, and the Iudge deliver thee to the Officer, and the Officer caſt thee into priſon Verily I ſay unto thee, thou ſhalt by no means come out thence, till thou haſt paid the uttermoſt farthing ; or very laſt mite. Here is a Goſpel reſolution of our Saviour in two Evangeliſts, ratified with a verily I ſay unto thee; That all thoſe who will not pay their Miniſters Tithes and Dues, as well as other mens Debts, may be lawfully brought and haled perforce before the Magiſtrate, and by the Magiſtrate and Judge, condemned in double Dammages, caſt into Priſon, and not ſuffered to come out thence, till he have paid the utmoſt farthing, not only of his detained Tithes and Dues, but of his ſine, forfeiture, and coſts of ſute, preſcribed by our Laws. And let all our Swordmen and other oppugners of our coercive Laws againſt detainers of Miniſters Tithes and Dues, give our Saviour himſelf the Title of a Tyrant, and Oppreſſor, a Lyar, if they dare, and that ſuch proceedings are not ſufferable under the Goſpel.

4ly. There is nothing ſo free and voluntary in the world, that I know, as Almes and Charity to poor diſtreſſed Saints and Chriſtians; Yet the Goſpel accompts this a due Debt; and all able to give them, Debtors, Rom. 15.27. And if any refuſe to render them, out of their Hard-heartedneſs, and want of Charity; the Chriſtian Magiſtrates under the Goſpel may, not only rate and aſſeſſe them according to p. 33their Eſtates towards the Poors relief; (as they do in all Chriſtian Republicks and Realms) but by Diſtreſſes, ſale of Goods and other coercive wayes compel them to render them; and that both by the Common law of England, and the Statutes of 22 H. 8. c. 12. 27 H. 8. c. 25. 1 Edw. 6. c. 3. 5 E. 6 c 2. 7 E. 6. c. 11.1 Phil. & Mar. c. 6.5 Eliz. c. 3.14 Eliz. c. 3.18 Eliz c. 3.22 Eliz. c. 11.23 Eliz. c. 3.31 Eliz. c. 10.35 Eliz. c. 7. 43 Eliz. c. 2. as Dalton and other Juſtices of Peace, Tit. Poor, Maimed Souldiers. Therefore admit Tithes mere Alms (as ſome would have them) yet when and where detained, they may be as juſtly levyed and recovered by coercive Laws and Statutes as Alms to the Poor, and thoſe who condemn coercive Laws for Tithes as unbeſeeming the Goſpel, muſt Tax and Repeal all Laws for the Poor, and for Maimed Souldiers too, as ſuch; which I preſume they will not do.

5ly. I ſuppoſe neither Canne himſelf (who receives pay as a Chaplain to the Army out of publick Contributions from the people, not from voluntary contributions of the Souldiers) and all other Officers and Swordmen oppugning the coercive Maintenance of our Miniſters by Tither or otherwiſe, will maintain even unto death; that the People (even againſt their wills and Conſciences too) may be enforced to pay Monthly Taxes and Exciſes (amounting to twenty times more each year than all the Miniſters Tithes in England) by coercive Orders and Ordinances, (though not made in a full, free, or old Engliſh Parliament, nor warranted by ſo many indiſputable Acts of Parliament as Miniſters Tithes and Dues) and levyed by Impriſonments, Diſtreſſes, Forfeitures, armed violence, and free quartering of Souldiers on the people, (though adjudged High Treaſon in Straffords Caſe in full Parliament, for which he loſt his Head;) our Miniſters therefore being real Spiritual Souldiers of Jeſus Christ, even by the Goſpels Reſolution; and not to go a warfare at any time on their own free coſt, but upon the Peoples pay & wages, as due to them, as any Souldiers (which I have formerly proved) they muſt by the ſelf ſame reaſon acknowledge the levying & enforcing of the payment of their leſs Burdenſom, and more legal, neceſſarie Tithes for the defence and preſervation of the very Goſpel, Religion, Gods Glory and Mans Salvation once a year, by penalties, forfeitures, impriſonments, p. 34or diſtreſſes when obſtinately detained: or elſe diſclaim their own coercive Contributions firſt, to maintain unchriſtian bloodie wars between Chriſtians of the ſame Religion, in firm unity, and amity with us, which are not ſo neceſſarie, or commendable amongſt Chriſtians, who ſhould aaRom. 12.18.Rom 12:18live peaceably with all men (not make a laſt Trade of war) bbCor. 13.11. 2 Gal. 5.13. Epheſ. 4.2. 1 Pet. 3.2.Gal 5:13Eph 4:21 Pet 3:2Love as Brethren, cc1 John 3.16.1 John 3:16Lay down their Lives one for another, Yea ddMatth. 5.44. Rom. 12.20.Matt 5:44Rom 12:20love and pray for their Enemies (not murder or deſtroy them) and aaIſay 2.4. Micha. 4.3.Isa 2:4Mic 4:3beat all their Swords into Plowſhares and their ſpears into Pruning Hooks, not lifting up Sword Nation againſt Nation (as now they do to the peril of the Goſpel, reproach and ſlaunder) and learn war no more) as is the Spiritual warfare of our Miniſters againſt the World, Fleſh, Sin, Devil, and all Errors, Blaſphemies, Corruptions, for the eternal Salvation (not Deſtruction) of mens Souls and Bodies too.

6ly. We find it long ſince prophecied in the Old Teſtament, in relation to the calling to the Gentiles by and under the Goſpel, Iſay 49.23. That the KINGS of the Gentiles ſhould become Nurſing-Fathers, and their Queens Nurſing-Mothers to the Church, Iſay 60.9, 10. Surely the Iſles ſhall wait for me, and the Ships of Tarſhiſh firſt, to bring my Sons from far, their Silver and their Gold with them: And the Sons of Strangers ſhall build up the walls, and their Kings ſhall miniſter unto thee, Pſal. 72.10, 11. The Kings of Tarſhiſh and of the Iſles ſhall bring Preſents, the Kings of Sheba and Seba ſhall offer Gifts, yea all Kings ſhall down before him (and then) all Nations ſhall ſerve him. Thus ſeconded in the New Teſtament, Rev 21.24. where it is prophecied of the Heavenly Jeruſalem (the Church of Chriſt) the Kings of the Earth do bring their Glory unto it. Which Prophecies concerning Kings, and likewiſe Kings of Iſles in particular (and no other ſorts of Governors, which is obſervable) have been moſt eminently verified of the Kings and Queens of this Iſle and Realm of Britain, beyond all the Kings, Queens, Regions, Iſles and Kingdoms in the world beſides, to the eternal Honour of that late rejected, abjured form of Kingly Government (derived from Gods own form ofbbPſal 47.2, 6, 7. 1 Tim. 1.17.Ps 47:2Ps 47:6Ps 47:71 Tim 1:17 Kingly Government over the whole world, p. 35and of ccPſal. 2.6. Pſ. 48.2. Rev. 15. 3. Iohn 1.44. Zech. 9.9.Ps 2:6Ps 48:2Rev 153 John 1:44Zech 9:9Chriſts Royal Government over his Church both Militant and Triumphant) and of this our Iſle: where God bleſſed our Church and Kingdom, 1. with three ſuch worthy Heathen Kings in Succeſsion, (aaCapgrave in vita Ioſephi, Will. Malmeſbury De Antiqu. Glaſtonienſis Eccleſiae, Spelman. Concil. Epiſt. Dedicatoria, & p. 1. to 12. Dr. Vſher Eccleſiae Brit. Antiquitates: c. 1. Godwin, Mathew Parker, Speed, and ſundry others. Arviragus, Marius, and Coylus) who though they embraced not the Chriſtian Faith here preached ſoon after our Saviours Aſcenſion by James the Son of Zebedee, Simon Zelotes, Peter, Paul, Aristobulus, and Philips twelve Diſciples, wherof Joſeph of Aramathaea (who honourably interred our Saviour) was chief, Yet they courteouſly entertained them, permitted them freely to preach the Goſpel to their people, gave publick entertainment to the perſecuted Chriſtians reſorting hither as to a ſafe and peaceable Sanctuary, when they were forcibly expelled out of all other Kingdoms and Countries throughout the world, and Roman Empire, by bloody Perſecutors, bestowed Lands and a comfortable Maintenance on the Preachers of the Goſpel at Glaſtonbury, where they built the firſt Chriſtian Church in the world; and were the first Kings and Kingdoms in the world who gave publique Reception, Protection, Countenance, Maintenance to the Preachers and Profeſſors of the Goſpel; as not only our own Hiſtorians, but two forein Writers, namely Polydore Virgil: Hiſt. Angl. l. 2. and Cardinal Baronius himſelf. Annal. Tom. 1. An. 95. n. 5. with Spondanus in his Epitome of him, records. 2ly. With the firſt Chriſtian King we read of, publickly baptiſed, profeſsing and eſtabliſhing the Chriſtian Faith, builded, endowed Churches and Miniſters with Glebes and other Maintenance; to wit our famous King Lucius, who about the year 187. (as bbAntiqu. Eccleſiae, Brit. Fox Acts and Monuments, Spelman. Concil. p. 12. &c. Dr. Vſher Eccleſ. Brit. Antiqu. c. 4, 5, 6.Matthew Paris, Matthew Weſtminſter, the Hiſtory of Rocheſter and others record) Poſſeſsiones et Territoria Eccleſiis et viris Eccleſiaſticis abundanter conferens Chartis & Munimentis omnia communivit :ccAd An. 187. Roger Wendever ad An. 184. Dr. Uſher Eccleſ Brit. Antiqu. p 125, 126, 1078. Galfridus Monmunienſis, l. 5. c. 1. Edit. Hidelberg. Eccleſias vero cum ſuis Coemiteriis ita constituit eſſe Liberas, ut quicunque Malefactor ad illa confugeret, illaeſus ab omnibus remaneret: (a good Policy at that time to draw Pagans to frequent the Church, and hear the word, to convert them both from their Paganiſm and evil Lives;) He not only giving all the Lands and Poſſeſſions belonging to the Pagan Temples and Prieſts to the Churches and Miniſters of the Chriſtians; Sed quia majorem honorem illis impendere debuerat, augmentavit illas amplioribus agris et p. 36manſis, omnique libertate ſublimavit, as Galfridus Monmunienſis, and Gervaſius Tilburienſis affirm: Here was a true Nurſing Father indeed to Gods Church and Miniſters.

3ly. With the firſt Chriſtian Queen we read of in all the world, to wit, Queen Helena, aaMatth. Weſtm. Graſton… Holinſhed, Fox and Speed.Daughter and Heir to King Coel, and Mother to Conſtantine the Great, who was a carefull Nurſing Mother, and Bountifull Benefactor to the Church and Miniſters of Chriſt, as Euſebius in the life of Conſtantine, Ambroſe Oratio in Obitum Theodoſii, Baronius in his Annals, and Speed in his Hiſtory of Great Britain, p. 156. record. Whence ſhe was ſtiled in antient Inſcriptions, Ʋenerabilis ET PIISSIMA AUGUSTA; both for her extraordinary Piety, and her converting of Conſtantius her Husband to the love and protection of the Christian Religion, and the Profeſſors of it, who by her means creeping out of the Dens and Caves wherein they were hid, began to exerciſe their Devotions publickly, and TO RE-EDIFIE THE OLD RUINATE CHURCHES (which Diocleſian the perſecuting Emperour had levelled to the very ground in all places,) and TO ERECT NEW; bbMatth. Weſtm. An. 307. Dr. Vſher Eccleſ. Brit. Antiqu. c. 8. Speeds Hiſtory p. 156, &c. Baronius, An. 306. n. 16.She herſelf at her own coſt, erecting a Stately Church over our Saviours Sepulchre at Jeruſalem, famous till this very day.

4ly. With the firſt Chriſtian Emperor in the world, even that famous Conſtantine the Great, born and elected Emperour in this Iſland, educated in the Chriſtian Faith by his pious Mother, the beſt, the Greateſt Nurſing Father the Church of God ever yet enjoyed in the world.

ccEuſebius, Eutropius, Zonaras, Grimſton, Speed, and others in his Life, Fox Acts and Monuments, vol. 1.For firſt, He deſtroyed the two Grand Perſecutors of the Chriſtian Religion, Maxentius and Licinius, with their Adherents, and demoliſhed all the Idol-Gods and Monuments of Idolatry throughout his Dominions.

2ly. He reduced all the exiled Chriſtians driven out of their Countries into deſolate Iſlands, Caves, Dens, Deſarts, reſtored them their loſt Poſſeſſions, eſtabliſhed Chriſtian Magiſtrates throughout his Empire, encouraged, protected the Chriſtians in all places, in the publick Profeſsion of their Religion, and ſuppreſſed the Hereſies and Schiſmes that ſprung up amongſt them, by Councils and publick Edicts.

3ly. He cauſed all the Churches in this Iſle and elſewhere, p. 37which by the Decrees of Diocleſian were levelled in all places to the very ground (which ſome Atheiſtial Anabaptiſts, aaEuſebius de vita Conſtantini, Gildas, Matth. Weſtm. An. 318, to 351. Speeds Hiſtory, p. 159, 161. Spelman. Concil. p. 45. Dr. uſher Eccleſ. Brit. Antiqu. c. 8. throughout,and Jeſuitical Incendiaries even in theſe pretended glorious times of Piety and Reformation endeavour to do again) to be re-edified, and new ones to be founded throughout his Dominions; himſelf erecting moſt Magnificent Temples to Gods honour, (as King David did out of holy zeal, and love to God, not Popiſh ſuperſtition, as ſome now cenſure it, 2 Chron. 22 5. c. 29.1, 2, 3.) both in Rome it ſelf, Ieruſalem, Hoſtia, Neapolis, Hirapolis, Conſtantinople, and other Cities, endowing them with ample poſſeſſions, and all other Churches with convenient Glebes, Manſions and Revenues.

4ly. He encouraged, protected, advanced Godly Miniſters, Learning and Religion, by ſetling a competent maintenance on them, both for their livelihood and encouragement, moſt preferring, eſteeming, rewarding the beſt deſerving of them. And by this means ſo laid the foundation of the Chriſtians ſecurity, and the Churches maintenance, that the ſame hath ſtood under the Protection of Chriſtian Kings and Princes ever ſince. And albeit many Caeſars his Succeſſors, have often attempted to ſhake it by their Authorities, and the ſharp Inſtruments of Heretiques have dangerously undermined it, yet hath it born out the ſtorms of all their boiſterous aſſayes, and ſtood in the ſtrength that this Emperor firſt laid it, (as Speed and others obſerve.) And for theſe bleſſed fruits of this prime Nurſing Father of Gods Church, he had then, and ever after, theſe moſt Glorious Titles conferred on him by the Chriſtians, and Eccleſiaſtical Writers, Moſt Bleſſed Emperour, moſt Pious, Sacred, Divine; Moſt happy Redeemer and Restorer of Romes City, and the whole World from Paganiſm, Tyranny, Perſecution, and founder of the Churches Peace. Which thoſe ſhall never enjoy, who labour to demoliſh and extirpate what he thus founded and eſtabliſhed.

5ly. God hath bleſſed our Church and Isle (as Io. Capgrave in his Prologue, Sir Hen. Spelman in his Epiſt. Dedicatory to his Councils, and the Author of Faſciculus Temporum record) with more Kings & Queens, who for their extraordinary Piety, incredible Zeal, liberal Alms, manifold works of Mercy, incomparable Humility and contempt of the World, their munificent, magnificent and admirable p. 38Bounty to the Ministers and Saints of God, and in building, adorning, endowing Churches with Tithes and Glebes, and ſome of them for ſuffering Martyrdome for defence of Religion by Pagan Invaders, were juſtly Reputed and Kalendred in the Church of God, for Saints (though infected with ſome ſuperſtititions of thoſe blinder times, which the age wherein they lived may excuſe, and their other vertues over-ballance and delete,) than any other Iſle, Region or Kingdom throughout the world, how Great or Populous ſoeber. There being no leſs than Twelve of our antient Saxon Kings Crowned with Martyrdom by Infidels; and Ten of them Canonized for Saints for their tranſcendent Holineſs; and no leſs than thirty Kings and Queens within 200 years ſpace, who laying down the Height of their worldly Power, Crowns and Glory, that they might gain heaven by force, betook themſelves to a devout, retired religious Life, (according to the devotion of thoſe times) in ſome private Monasteries (for the moſt part builded and endowed by themſelves) or elſe went as Pilgrims to Rome, then reputed famous for Her Piety. Beſides multitudes of the Royal Progeny who followed their examples both in their Piety, Charity and Bounty to the Church. And amongſt others of our antient Kings, King Ethelwolfe gave not only the Tenth out of all his goods and Chattels, but likewiſe of all the Lands and Houſes of his whole Realm to the Church. His Sonne, incomparable aaAſſer and others in his life. Spelman in his Epiſtle Ded. to his Councils.King Alfred (founder, or at leaſt bbCambd…ns Britannia, Oxfordſhire.Restorer and Enlarger of our famous Ʋniverſity of Oxford) though he was for the moſt part taken up with Warres and Military affairs by reaſon of the Danes invaſions, fighting no leſſe than 52. ſet battels with them (for the moſt part with glorious ſucceſs) yet out of an Ardent zeal to God, in emulation of Zacheus, he gave no leſſe than half of his annual Rents (and ſpoils of war beſides) in pious uſes; to wit, for relieving the poor both at home and abroad, for maintaining, rewarding Scholars, Miniſters, building ſchools of Learning, maintaining profeſſors of divers Arts and Sciences in them, eſpecially in Oxford, and devoted no leſſe than the third part of his time (to wit, eight hours every natural day) to his ſacred studies and devotions; Beſides the time he ſpent in his Military imployments, Civil Government, and enacting p. 39Laws of moſt excellent uſe by adviſe of the wiſeſt men, which have continued ever ſince. So as Aſſer Menevenſis, (in Egercitueſſe) in his life, Spelman and others give this Brief Character and Encomium of his Excellencies, O Stuporem omnium aetatum Aluredum! cujus dum Religionem intuemur, nunquam exiiſſe videatur Monaſterio: Dum Bella & Militiam, nullibi verſatus fuiſſe unquam niſi in Caſtris: dum Scripta ejus & Lucubrationes, vitam tranſiiſſe in Academia: & dum Regni Populique ſui adminiſtrationem, nihilo unquam ſtuduiſſe, niſi in Foro & Senatu, Juſtitiae promovendae, Legibuſque bonis Sanciendis. Of which good Laws of his (extracted out of the Old and New Teſtament for moſt part) aaSpelmanni Concil. p 360.this for the due payment of Tithes and Oblations to Miniſters was one, cap. 38. DECIMAS Primigenia & adulta tua DEO DATO. O that all thoſe Militarie victorious Commanders who boaſt of like victories as he obtained, would imitate him in theſe his Vertues, Bounty, Liberalitie, both to our Univerſities, Scholars, Miniſters, and promulging Edicts for the due payment of their detained Tithes and Dues! and then they ſhould be Chronicled for SAINTS INDEED, as well as the forenamed Kings, of which there was not one in three in former Ages (as Sir Henry Spelman obſerves) WHO DID NOT ADORN, AUGMENT & ENRICH THE CHURCH IN SOME THINGS, even during their very wars, inſtead of making a mere prey and ſpoyl of her (as ſome late SAINTS have done) to maintain the warres and enrich themſelves. In which Sacrilegious Rapines, if any ſhall perſevere to the utter ruine of the remaining Glebes, Tithes, Maintenance of all our Miniſters and Churches too (the prime Honour of our Nation, aaCambdens Brit. & Heylins Microcoſm, p. 458.ECCLESIA, Faemina, Lana) as ſome have deſigned, and would engage them to do, to render our Religion, Nation, and thoſe who ſhall give their Votes thereto for ever execrable; Let them take heed, that inſtead of inducing the Miniſters and godly people really fearing God, throughout our three Nations, to forget Monarchy, and be in love with their New Military Government, they do not neceſsitate them, and moſt others too thereby, (by comparing their Irreligious Church-Robberies, and Sacrilegious p. 40Rapines againſt the very Laws even of War and Conqueſt it ſelf in an Enemies Country, and deteſtable to very Heathens, as bbde Jure Belli, l. 3. c. 12. Sect. 5, 6, 7. & Annotata.Grotius proves at large) to love and honour Kings and Monarchs more than ever, as the only Nurſing-Fathers to Gods Ministers, Church, People, under the Goſpel; and to eſteem others not comming in by the Door into the Sheep-fold, but climbing up by Storm ſome other way, to be but Theeves and Robbers; who come not but to Steal, Kill, and to Deſtroy, whatever the Bounty, Piety, and Munificence of theſe and other our Kings, have built and ſetled on the Clergy for Gods Honour, and maintenance of his worſhip, and thereby engage them ſo to act, ſpeak, and peremptorily reſolve, as all the Iſraelites and Godly Levites, Prieſts, People, twice did in a like caſe, 2 Chron. 11.13, 14, 15, 16, 17. & 1 Sam. 8.3, 5, 19, 20.

If any here object, theſe Kings and Queens were more Popiſh, Superſtitious, than really Religious: Admit they were in ſome things, (as too much doting upon Monkery, not Monarchy, or worldly wealth or Power, which ſome condemn in others, when moſt guilty of and applauding it in themſelves) yet their very Bounty and profuſe munificent Building Monaſteries and Nunneries, (whereof aaCapgrave in Prologo ad vitas Sanctorum, Spelmanni Concil. in Epiſt. Ded. & p. 433.King Edgar alone built no leſs than 47. endowed them with large Revenues, and intended to make them up 50. had he lived,) beſides what they beſtowed in building, adorning, endowing, maintaining all Cathedral and Pariſh Churches and Chapels, for the ſupport and honour of their ſuperſtitious Religion, ſhould eternally ſhame all thoſe pretended Saints, who will be at no coſt at all to maintain and propagate what they now call the True Religion and the faithfull Miniſters of the Goſpel, but inſtead thereof, will by mere Force and Rapine againſt all Rules of Law, Juſtice, Piety, Equity, and war it ſelf, plunder (if they can) the remaining Materials and Fabricks of our Churches, which thoſe Kings or their Succeſſors, and other antient Benefactors built for Gods Honour, and the ſmall ſurviving Lands, Rectories, Glebes, Tithes, Penſions, Dues, which our Miniſters yet enjoy, by their ſole Bounty, Piety, Gift, Laws, without any real charge, injurie, oppreſsion, or obligation to any Mortals p. 41now ſurviving them. But to take off the ſtain of Popery wholly from our Kings, which was no diſparagement to their commendable Charity and Bounty; Conſider in the ſixth place, that God hath honoured us with the firſt Chriſtian King in the Univerſe aaAntiqu. Eccleſ. Brit. in the life of Cranmer, Fox, Speed, Hall, Grimſton in H 8. & Statut. Raſtal Manaſſenas, Rome.Henry the 8th. who durſt not only queſtion, but by Publick Laws and Statutes aboliſh and renounce the Popiſh uſurped Antichriſtian Power, and with it all Popiſh Shavelings, Abbots, Priors, Monks, Nunnes, and many Popiſh Doctrines, Ceremonies; and reſtored the People to the uſe of the Holy Scriptures in their own Native Language: Whoſe example encouraged other Kings, Princes, Churches to do the like. Who though he ſeiſed upon Abby Lands, as given to mere Superſtitious Perſons, Orders, Ʋſes, repugnant to Gods word, and the Popes mere Creatures, and Supporters; yet he continued the Lands, Glebes, bbMr. Cambdens Britania, spelman and others.Tithes, and Maintenance of the Biſhops and other Miniſters, and augmented it and our Ʋniverſities Revenues alſo out of the Abbies Spoyles, which yet could not exempt him from the publick cenſure of ſome Proteſtants, for ſelling or rteaining moſt of their Lands and Impropriations for his own uſe, which (ſay they) he ſhould have rather converted to other lawfull ſacred uſes, according to the will of the firſt Donors: And Mr. aaPilgrimage, l. 1. c. 7. p. 133.Purchas writes, That the Monks unrighteous coveting, and the Popes appropriating of the Tithes of ſome Thouſands of our beſt Benefices unto Abbies and Monaſteries, and robbing the Miniſters of them to whom only they were given by God himſelf, and the firſt Donors for their Maintenance, to the great prejudice both of the Miniſters and People, was one principal cauſe, that by a Divine Judgement and Providence (beyond all mens expectation) the Pope and they were both ſuppreſſed together on a ſuddain, even by him who not long before had juſtified his uſurped Supremacy againſt Luther, and for which he had received this ominous Title from the Pope DEFENDER OF THE FAITH: God grant our New Defenders of the Faith, do not as ill requite thoſe Perſons, Powers, who firſt commiſſioned them, with their Arms to defend our Faith, Church, Religion, againſt Ieſuites, Papiſts, and their Confederates in the Field, as King Henry did the Pope after this new Motto. 7ly. That our p. 42God bleſſed, honoured us with the firſt bbFox Acts & Monuments, and others in his Life, and the Statutes in his Reign.incomparable Proteſtant King in the world, (no Papiſt, but a REAL SAINT, beyond any of his years in this or former Age…) even young KING EDWARD THE SIXT: the firſt King I read of, who by publick Laws and Statutes ſuppreſſed, baniſhed all Popiſh Pictures, Ceremonies, Superſtitious Monuments, Practices, Abuſes throughout his Dominions, and establiſhed the true worſhip, Service, Sacraments, Miniſters and Miniſtry, and Goſpel of Chriſt throughout his Dominions: for which all Ages ſhall call him bleſſed: no waies embeſſelling, or diminiſhing the Churches Glebes, Tithes or Revenues, and enacting a New excellent Law cc2 E. 6. c. 13.for Tithes recovery when detained. But God taking him ſuddenly from hence to a better Kingdom, and his Succeſſor Queen Mary, defacing, deforming his bleſſed Reformation, and reſtoring both the Pope and Popery again, almoſt to its former height, except in point of Monkery, which the defacing of the Monaſteries prevented, 8ly. God then bleſſed our Church and Kingdom with an unparallel'd Proteſtant Princeſſe, Queen ddSpeed, How, Baker, Cambden in her life, and the printed Statutes in her reign: Antiqu. Eccleſ. Brit. in the life of Mathew Parker, Godwins Catalogue of Biſhops in her time.Elizabeth, a Nurſing Mother to the Church, who demoliſhed the whole Body of Popery, with the Popes revived uſurpations again by publick Acts; eſtabliſhed the reformed Religion again in greater beauty and purity than at firſt; baniſhing all Jeſuites and Seminary Prieſts as Traytors, reſtored the exiled Ministers of the Goſpel ſuffering for Religion, rewarding them with the richeſt Biſhopricks and Church-Preferments, and planting a faithfull, painfull, preaching Miniſtry by degrees in moſt dark corners of her Dominions, endowed them with a ſetled competent maintenance, which our ſubſequent Proteſtant Kings continued to them and their Succeſſors without diminution. All which conſidered, we of this Iſle may with much thankfulneſſe to God, and honour to our Princes, without flattery averr before all the world, That the forecited Prophecies of Kings being Nurſing-Fathers, and Queens Nurſing-Mothers to the Church (and ſpecially Kings and Queens of this Iſle) have been more really accompliſhed in the Kings and Queens of this our Iſland, than in the Kings and Queens of any other Iſle, Kingdom, or Nation whatſoever throughout the world, and God grant that thoſe who ſhall ſucceed them in any other New-modelled-form of Government may not prove ſuch Step-Fathers and Step-Mothers to our Churches and Miniſters, as to demoliſh the one, and ſtrip the other quite naked of all that former Livelihood, and remaining ſmall Revenues, which they yet enjoy by our Princes Grants, Gifts, Charters, Laws and Favours only; and thereby give all Godly Miniſters, and people too in our Nation, juſt cauſe to cry out with wringed hands, weeping eyes, and bleeding hearts, in the Prophets words, Hoſea 10.3, 4. For now they ſhall ſay, We have no King, becauſe we feared not the Lord, What then ſhould a King do to us? (or amongſt us,) They have ſpoken words, Swearing falſely in making a Covenant: Thus Iudgement ſpringeth up as Hemlock (one of the deadlieſt Poyſons to deſtroy men) in the fields. Or elſe to ſpeak in Solomons language, to the ſame effect, Prov. 28.2. For the tranſgreſsion of a Land many are the Princes thereof (as our Land had never ſo many Tranſgreſsions and Princes too as now,) But by a Man of Vnderſtanding and Knowledge (and where is ſuch a one to be found, to aaEzech. 22, 30.Ezek 22:30ſtand up in a Gap?) the ſtate thereof ſhall be prolonged: Now the Lord raiſe up ſuch a Man, or Men; leſt God ſay to our Nation and all Grandees in Power, as he did once to the prophane wicked Prince of Iſrael, whoſe day was come, Ezech. 21.25, 26, 27. Remove the Diadem, and take off the Crown; this ſhall not be the ſame: Exalt him that is Low, and abaſe him that is High: I will overturn, overturn, overturn, (Church, State, Laws,) and it ſhall be no more, untill he come whoſe Right it is, and I will give it him.

To prevent theſe treble, fatal over-turnings, with the wiping and turning of our Jeruſalem UPSIDE DOWN like a Diſh (a certain Fore-runner of a Churches, Nations ruine, 2 Kings 21.13. Pſal. 146.9.)

I ſhall now in the laſt place preſent the whole Nation with a brief Catalogue of thoſe manifold Laws, Statutes, which our Kings have ſucceſſively made in their Great Councils and Parliaments, almoſt from the very firſt eſtabliſhment of Religion in our Iſland, for the due payment of Ministers Tithes by coercive Means, Forfeitures, Penalties, in caſe of p. 44willfull detaining, or neglect in paying all or any part of them at the times appointed; which thoſe who pleaſe, may bbMr. Seldens Hiſtory of Tithes, ch. 8.peruſe in Chronicon Johannis Brompton, Mr. Lambards Archaion, Sir Henry Spelmans Councils, Mr. Fox his Acts and Monuments, John Bridges his Defence of the Government of the Church of England, Book 16. p. 1350. Our Statutes at large, and Mr. Raſtals Abridgement of Statutes, Title Tithes; which Laws being well known to moſt learned men, are therefore needleſſe fully to tranſcribe. The firſt of them is the forecited Law, Decree of the Council of Calcuth, under King Oſwald and Offa, An. 787. of famous King Alfred, Anno 887. of King Alfred and Gutburn the Dane, cap. 9. De Decimis Deo Debitis, about the year 890. of King Edward the elder and Guthurn: Anno 905. (or 906. as ſome) Cap. 6. (in ſome c. 9.) DE DECIMIS ET CENSU ECCLESIAE RETENTIS: of King Aethelstan; made in the famous Council of Gratelean: An. 928. cap. 1. DE DECIMIS REDDENDIS, tam ex Animalibus quam de fructibus terrae; which this King himſelf duly paid, and then enjoyned all his great Officers and People duly to render: of King Edmond: An. 944. c. 2. concluding, Qui non ſolverit, ANATHEMA ESTO. Of famous King Edgar, Anno 967. c. 3. DE DECIMIS, & Canon 54. of the Kings and Presbyters of Northumberland, made a little after that time: Lex 51. of King Aethelred, An. 1012. c. 1, & 4. of King Knute the Dane, An. 1032. c. 8. (but 15. in ſome Copies) De Decimis reddendis, &c. 11, & 17. and a Statute law againſt obſtinate Detainers of Tithes, there ſtiled JURA ET DEBITIONES DIVINAE: of King Edward the Confeſſor, about the year 1060, confirmed verbatim by William the Conquerour, in the fourth year of his Reign, c. 8, 9. (forecited) To which may be added the Great Charters of King Henry the first, and King John recorded in aaHiſt. Angliae Tiguri, 1589. p. 52, 53, 246, 247, &c.Matthew Paris, ratified by King Henry the 3d. in his Magna Charta, c. 11. made in the 9th. year of his Reign, bbSee Sir Edward Cooks Preface to his 2. Inſtit. on Magna Charta.confirmed by above 37 Acts of Parliament ſince, in many ſucceſsive Parliaments. That the Church of England ſhall be free (now in greater Bondage than ever) and ſhall have all her whole Rights and Liberties inviolable, (never ſo much violated, diminiſhed as now, notwithſtanding all p. 45Laws, Covenants, Declarations, Proteſtations lately, and all ccSee Matth. Paris, Hiſt. Angl. p 421, 505, 506, 621, 624.838, 839. The Statutes at large, An. 25 E. 1. after Confirmatio Chart… rum.antient Solemn Curſes and Excommunications annually made againſt the Infringers thereof, 13 E. 1. 17 E. 3. & 14. 2 H. 4. c. 4. Enacting the Ciſtertian Monks to pay Tithes to Ministers and Evangeliſts notwithſtanding any Buls of Exemption from the Pope, which the King and Parliament declared to be void, and that the Promovers or Executors of any ſuch Buls ſhall be attainted in a Praemunire. It appears by the Parliament Roll of 2 H. 4. nu. 40. This Act was made upon the Petition of all the Commons; which, becauſe not extant in print, pertinent to the preſent buſineſs of Tithes, and unknown to moſt, I ſhall here tranſcribe at large.

May it pleaſe our moſt gracious Lord the King, to conſider, That whereas time out of wind the Religious men of the Order of the Ciſtercians, of your Realm of England, have paid all manner of Tithes of their lands, tenements, poſſeſſions, let to farm, or manured and occupied by other perſons beſides themſelves, and of manner of things tithable being and growing upon the ſame lands, tenements and poſſeſſions, in the ſame manner as your other Lieges of the ſaid Realm; Yet ſo it is, that of late the ſaid Religious have purchaſed a Bull from our Holy Father the Pope, by the which our ſaid Holy Father hath granted to the ſaid Religious, That they ſhall pay no Tithes of their Lands, Tenements, Poſſeſsions, Woods, Cattel, or any thing whatſoever, although they are or ſhall be leaſed or farmed, notwithſtanding any Title of Preſcription or Right acquired, or which hereafter may be had or acquired to the contrary. The which Purſute and Grant is apparently againſt the Laws and Cuſtoms of your Realm, by reaſon that divers Compoſitions real, and Indentures are made between many of the ſaid Religious, and others your Lieges of the priſe of ſuch Tithes, and alſo by reaſon that in divers Pariſhes, the Tithes demanded by the ſaid Religious by colour of the ſaid Bull, exceed the fourth part of the value of the Benefices, within whoſe limits and bounds they are; and ſo if the ſaid Bull ſhould be executed (much more the late Petions againſt all Tithes and coercive Maintenance for Miniſters condeſcended p. 46to) as well your dreadfull Majeſty, as your Liege… Patrons of the ſaid Benefices, ſhall receive great loſſes in their Advowſons of the ſaid Benefices, and the Conuſance which in this behalf appertains, and in all times hath belonged to your Regality, ſhall be diſcuſſed in Court Chriſtian, againſt the ſaid Laws and Cuſtomes: beſides (pray mark the prevailing reaſon) the Troubles and Commotions which may ariſe among your people by the motion and execution of ſuch Novelties within your Realm. N. B.That hereupon by aſſent of the Lords and Commons in this preſent Parliament, you would be pleaſed to ordain, that if the ſaid religious, or any other, put or ſhall put the ſaid Bull in execution, ſhall be put out of your Protection, by due Proceſs made in this behalf; and their goods forfeited to You, loſt, and that as a work of Charity. Which Petition being read and conſidered, was anſwered in the words following. It is accorded by the King and Lords in Parliament, That the Order of the Ciſtertians ſhall be in the ſtate they were before the time of the Bull purchaſed, compriſed in this Petition, and that as well thoſe of the ſaid Order, as all others Religious and Secular of what eſtate or condition ſoever they be, who ſhall put the ſaid Bull in execution, or ſhall hereafter take advantage in any manner of any ſuch Bulls already purchaſed, or to be purchaſed, ſhall have Proceſs made againſt them and either of them by ſommoning them within a monethmonth by a Writ of Premunire Facias. And if they make default or ſhall be attainted, that they ſhallbe put out of the Kings Protection, and incur the peines and forfeitures compriſed in the Statute of Proviſors, made in the 13. year of King Richard. And moreover, for to eſchue many probable miſchiefs, likely to ariſe in time to come, that our ſaid Lord the King ſhall ſend to our Holy Father the Pope, for to repeal and annul the ſaid Bulls purchaſed, and to abſtain to make any ſuch Grant hereafter. To which Anſwer the Commons well agreed, and that it ſhould be made into a Statute.

From which memorable Record, I ſhall deſire Iohn Canne, and all his ignorant deluded Diſciples, who cry out againſt p. 47Tithes, and the payment of them as Popiſh, to obſerve,

1. That all the Commons of England in this Parliament, even in times of Popery, together with the King and Lords, reſolve the quite contrary: That the exemption of any order of men from payment of their due and accuſtomed Tithes is Popiſh, and that the Pope was the firſt and only man, who preſumed by his Bulls to exempt men from payment of due and accuſtomed Tithes to their Miniſters.

2ly. That Popiſh Friers of the Ciſtercian Order (not Godly Saints abhorring Monkerie and Poperie) were the firſt men who ſued for, procured and executed ſuch Exemptions from the Pope; (and that merely out of Covetouſneſs, againſt the expreſs word and Law of God, as our John Salisbury de Nugis Curialium, l. 7. c. 21. and our Arch-deacon of Bathe aaEpiſt. 82. & Bochellus Decret. Eccleſ. Gal. p. 966. Bibl. Patrum, Tom. 12. Pars. 2. p. 7667, 67.Petrus Bleſenſis obſerve, who tax them for it.) And therefore the petitioning, writing, endeavouring to procure a like exemption from the payment of antient and accuſtomed Tithes to our Miniſters, muſt be Popiſh and Monkiſh likewiſe, infuſed into our New-lighted Saints by ſome Popiſh Monks and Jeſuits diſguiſed under the notion of New-lights, Seekers, Anabaptiſts, &c.

3ly. That they declare this Bull, though granted by their Holy-Father the Pope (whoſe Authority and eſteem was then very great) to be against the Laws and Cuſtoms of the Realm; and thereupon repeal, null it for the preſent, and provide againſt the grant of any ſuch Bulls for Non-payment of Tithes for the future, and make the Procurers and Executioners of them ſubject to a Praemunire: Such a tranſcendent Crime and Grievance did they then adjudge it, to ſeek or procure the leaſt exemption from payment of Tithes from any earthly Powers, yea from their very Holy Father the Pope himſelf, then in his higheſt Power.

4ly. That they reſolve, the exemption from Tithes though amounting but to a fourth part in every Pariſh, would prove a great prejudice to the King and all other Patrons in their Advowſons; to the Leſſors and Farmers of Tithes, to the incumbents and people; and that the moving of ſuch Novelties might occaſion great Troubles p. 48and Commotions within the Realm. And will not then the aboliſhing of all Tithes in every Pariſh, to the prejudice of the Patrons, Miniſters, (yea and people too, as I ſhall prove anon) the ſcandal of moſt godly men, undoing of thouſands of families, and confounding all Pariſhes, and order in them, now much more do it, in theſe dangerous generally diſcontented times, inſtead of ſetling Unity, Amity, Peace, and propagating the Goſpel, as ſome pretend? Let thoſe whom it moſt concerns conſider it at their leiſure, leſt they repent too late.

The next printed Statute for the payment of Tithes, is 27 H. 8. c. 20. which in the preface gives this true Character of, and fixeth this brand of infamy upon Tithe-detainers, Foraſmuch as many evil diſpoſed Perſons, (ſuch are they juſtly branded for by this Act of Parliament) have attempted to withhold their Tenths, as well predial, as perſonal, and have alſo contemned and diſobeyed the Decrees of Eccleſiaſtical Courts of this Realm, &c. Therefore it enacts, the Civil Magiſtrate and Juſtices ſhall impriſon ſuch till they pay their Tithes. After which followes a ſpecial Statute for payment of Tithes in London, 27 H. 8. c. 21. confirmed, enlarged by a Statute and Decree too, 37 H. 8 c. 7. thus prefaced, as if purpoſely penned for theſe times; Whereas divers and many perſons inhabiting in ſundry Counties, and Places of this Realm, and other the Kings Dominions, not regarding their duties to Almighty God, or to the King our Soveraign Lord, but in ſome years paſt more contemptuouſly and commonly Preſuming to infringe the good and wholſome Lawes of this Realm and Gracious Commandments of our ſaid Soveraign Lord, than in times paſt have been ſeen or known: have not letted to ſubſtract and with-draw the lawfull and accuſtomed Tithes of Corn, Hay, Paſturage and other ſort of Tithes and Oblations commonly due, &c. After which it provides a remedy by coercive means againſt the detainers, refuſers of Miniſters Tithes.

The laſt and fulleſt Statute for payment of Tithes of all ſorts, and ſetting out Predial Tithes, truly, juſtly, and without fraud or guile, as hath of right been yielded and paid, made not by Papiſts, but our moſt religious firſt Proteſtant p. 49Parliament, and King upon the beginning of Reformation, and when Popery was ejected, is, 2 E. 6. c. 13. intituled, AN ACT FOR THE TRUE PAYMENT OF TITHES, under pain of forfeiting the treble value, &c. recoverable by an ACTION OF DEBT, &c. at the Common law. What judgements have been given upon theſe Statutes in our Kings Courts from time to time, you may read in Brook, Fitzherbert, and the Year-books in Aſhes Tables, Title DISMES; and in Sir Edward Cooks 2 Inſtitutes, p. 639, to 662. To theſe I might ſubjoyn the late Ordinances of the laſt Parliament of 17 Caroli, concerning Tithes and Augmentations of Ministers Livings, like to end not only in the Diminution, but total Annihilation and Subſtraction both of their Augmentations, antient Glebes, Tithes, Dues. The Conſtitutions of our Clergy in their Convocations under our Kings, recorded in Lindwood, John de Aton, Willielmus de Burgo, and others, preſcribing the due payment of Tithes under pain of Excommunication, and other Eccleſiaſtical cenſures; as likewiſe the Reſolution of our Judges concerning the Right of Tithes, and aaCooks 2 Report. The Biſhop of Wincheſters caſe.that no Lay-man by our Laws can preſcribe to be exempted from payment of Tithes, or lay any original claim unto them: with the Laws of forein Kingdoms, as well Civil as Eccleſiaſtical, for the due payment of Tithes; whereof you may find ſtore in Fredericus Lindebrogus: Codex Legum Antiquarum, p. 674, 675, 703, &c. Capitularia Caroli Magni & Ludovici; in Brochellus, Decret. Eccleſiae Gallicanae, l. 6. tit. 8. De Decimis: in Binius, Surius, and others in their Collections of Councils: But for brevity ſake I ſhall cite only the Conſtitution of the Emperour Frederick for the payment of Tithes in the Kingdom of Sicilia, which is ſhort and very pertinent,bbFredericus Lindebrogus Codex Legum Antiqu. p. 703. Constitutionum Sicularum, l. 1. tit. 7. Lex 1. which runs thus,

Quantò caeteris terrae Principibus munifica dextra Salvatoris in Temporalibus Nos praefecit, tantò ſaltem Iuris naturalis inſtinctu ad antedicta ſtrictius obligamur; cum etiam veritate dicente, cui amplius creditur, amplius exigatur. Quod in noſtrae mentis intrinſeca meditatione ſolicita revolventes, & illud etiam attendentes,☞ Quod divino Decimarum, quarum Debitum ex utriuſque Teſtamenti Tabulis confirmatur, (Let all p. 50Tith-Oppugners obſerve it,) tanti in Eccleſia Dei petidatior redditur, quaniò Decimalis obligatio de bonis hominum, A DAMNO REPUTATUR: Officialibus noſtris univerſis & ſingulis praeſentis Legis, auctoritate Mandamus, ut DECIMAS INTEGRAS, prout Regis Gulielmi tempore, praedeceſſoris noſtri, vel ab Anteceſſoribus Officialibus & Bavilis exolutae fuerint, locorum Praelatis exolvere, abſque omni difficultate procurent. Nos enim, qui favente Domino inter homines ſumus in praeminenti culmine conſtituti, quantum ſine injuria Regalium poſſumus tollerare ECCLESIARUM JURA, & praeſertim earum quae in Regno conſiſtum, Quas ſub Protectione noſtra accepimus, et habemus, in nullo diminuere volumus, ſed augere. Subjectis etiam noſtris indicimus ut Decimas quas de bladis et donis ſuis Anteceſſores eorum praedicti Regis Gulielmi tempore praeſtituerunt, venerabilibus locis, Quibus Decimae iſtae debentur cum integritate perſolvant.

To which I ſhall only adde, That aaRerum Vngaricatum Scriptores Bonfinius, & Nicholas Iſthuanſis in vita ſancti Stephani. Sancti Stephani Regis Decretum ſecundum, c. 52. Status Regni Hungariae, p. 190.Stephen King of Hungaria, under whom that Kingdom was first totally converted to the Christian Faith, as he built and endowed many magnificent Churches for Gods worſhip at his own coſt, ſo he enacted this good Law for the payment of Tithes, That he who refuſed to pay his Tithes ſhould forfeit the 9. parts to the Minister, and he who ſhould steal the Tithes ſhould be reputed a Thief. Si cui Deus Decem dederit in Anno, DECIMAM DEO DET. Et ſi quis Decimam ſuam abſcondit NOVEM SOLVAT. Et ſi quis DECIMATIONEM Epiſcopo ſeparatam furatus fuerit, DIJUDICETUR UT FUR; ac hujuſmodi compoſitio tota pertineat ad Epiſcopum. And. c. 1. De Statu Eccleſiaſtico, & veneratione Domus Dei: He enacted this good Law againſt the Invaſion and Alienation of the Churches poſſeſſions (about the year of Chriſt 1000.) Quiſquis faſtu ſuperbiae elatus, Domum Dei ducit contemptibilem, & poſſeſſiones Deo conſecratas, atque ad honorem Dei ſub Regia immunitatis defenſione conſtitutas, inhoneste tractarit, vel infringere praeſumpſerit, Quaſt invaſor et violator Domus Dei excommunicetur. Decet enim, ut indignationem ipſius Dom. Regis ſentiat, cujus benevolentiae contemptor, & conſtitutionis praevaricator exiſtit: Nihilominus tamen Rex ſuae conceſſionis immunitatem, ab hominibus ditioni ſuae ſubjectis illaeſam conſervari p. 51praecipiat, aſſenſum vero non praebeat improvide affirmantibus, non …ebere eſſe res Dominicas, id eſt, Domino Dominantium traditas; Itaque ſub defenſione Regis ſit, et ſicuti ſuae propriae haereditati, magiſque advertat. Quia quaniò Deus excellentior eſt hominibus, tanto praeſtantior eſt Divina cauſa mortalium poſſeſſione. Quocirca decipitur, quiſquis plus in propriis quam in Dominicis rebus gloriatur: Quarum Defenſor et Custos divinitatis Constitutiones diligenti cura non ſolum eas ſervare, ſed etiam multiplicare debet. Si quis igitur inſanus importunitate illa quae diximus praeſtantiora quàm ſua defendere oportet & augmentare. Si quis igitur inſanus importunitate improbitateque ſua, Regem a recto propoſito pervertere tentaverit, nulliſque remediis mitigari poſſe viſus fuerit, licet obſequiis aliquibus & tranſitoriis ſit neceſſarius, abſcindendus ab eo projicienduſque eſt, juxta illud Evangelium, Si pes, manus aut occulus tuus ſcandili…at…te, erue eum & projice abs te.

Since then Chriſtian Emperors, Kings, Princes in Forein parts, and our own Kings and Parliaments in and by all the forecited Laws and Statutes yet in force, have eſtabliſhed Tithes and other Duties on our Clergy and Miniſters of the Goſpel, and thus publickly branded the negligent or wilfull detainer…, ſuſtractors of this juſt Debt and Duty (preſcribed by our Laws, with Warrant from the Old and New Teſtament) for evil diſpoſed perſons, not regarding their duty to Almighty God (which therefore none who claim their Power from, or for God, ſhould now regard or countenance in the leaſt degree) enforcing them by actions at Law, Impriſonment, payment of treble Dammages, excommunications, and the like coercive wayes to render to them Tithes at laſt to their loſs; Why Chriſtian Magiſtrates ſhould not ſtill enforce the obſtinate detainers of Miniſters Tithes, and defrauders of them in their juſt Dues, and merited rewards for their Miniſtery, as hath been formerly practiſed in all ages and places too; Let all Anti-tithers (who would be Lawleſs, as well as Titheleſs and Godleſs) reſolve me when they can: and if they deem themſelves above all humane Laws and Penalties (ſo long as they wear their ſwords by their ſides) for defrauding our Miniſters of their lawfull Tithes and Dues, let them then chew the cudd upon this Evangelical Precept, backed with the ſtrongeſt coercive p. 52power both in Heaven and Earth, 1 Theſ. 4.6. Let no man go beyond, or defraud his brother (much leſs then his Miniſter) in any thing (therefore not in Tithes due by Divine and humane Right) mark the reaſon: Becauſe that the Lord is the avenger of all ſuch things, as we have forewarned and teſtified. And what vengeance God will take of ſuch who defraud their Brethen and Miniſters of their debts, and neceſſitate them to ſue them at the Law, to recover their Rights: he reſolves, in the 1 Cor. 6, 7, to 11. Now therefore there is utterly a fault among you, becauſe you go to Law (to wit before Heathen Judges, or without juſt cauſe) one with another, (the greateſt if not only fault being in the Defrauder and Detainer) why do ye not rather take wrong? why do ye not rather ſuffer your ſelves to be defrauded? Nay why do you wrong and defraud, 1 Cor. 6.8.1 Cor 6:8and that your Brethren? and which is more, rob your Miniſters; yea, but what harm or puniſhment will follow on it? Mark it, O all ye Saint-ſeeming Hypocrites, who are guilty of it! Know ye not, That the unrighteous (who thus wrong and defraud their Brethren and Miniſters, which is worſe) ſhall not inherit the Kingdom of God? Be not deceived: neither Theeves, nor covetous (and ſuch are all thoſe who rob and defraud their Miniſters of their Tithes and Duties) ſhall not inherit the Kingdom of God: no more than Fornicators, Idolaters, &c. with whom they are here coupled. Let all thoſe then who are guilty of this damning ſin, which diſinherits them of Gods Kingdom, now ſeriouſly repent and reform it, with all ſuch, who have abetted or confederated with them herein, that ſo I may adde with the Apoſtle in the next words, And ſuch were ſome (nay all) of you; but ye are waſhed, but ye are ſanctified, but ye are juſtified in the name of our Lord Jeſus, and by the Spirit of our God.

And now to cloze up this Chapter, I ſhall deſire all Anti-Tithers who have already in their heady Reſolutions, reſolved to aboliſh, not only all our Miniſters Tithes, and antient Dues eſtabliſhed by the Lord himſelf in the Old and New Teſtament, with all the forecited Laws, Statutes, Ordinances for the true and due payment of them, but all other coercive maintenance for their future ſubſiſtence, p. 53if not their very Rectories, Glebes, and Fabricks of our Churches (devoted for a prey by divers) ſadly and ſeriouſly to conſider theſe enſuing particulars.

1. That herein, they ſhall ſhew themſelves, not only worſe by thouſands of Degrees than our forementioned Kings and Queens, who built and endowed our Churches with Glebes, Tithes, and a liberal Maintenance; and worſe than the moſt of all their Anceſtors, Protestants or Papiſts, who have hitherto continued, confirmed, eſtabliſhed them by ſucceſsive Laws; but even worſe than the worſt of Turks and Infidels; who alwaies heretofore, and at this very day, have and do allow their Mahometan and Pagan Idolatrous Prieſts in all places, a liberal, competent ſetled Salarie, and erect magnificent Temples to Mahomet and their Idols, exceeding moſt of our faireſt Chriſtian Churches both for beauty and number, as you may read at large inaaSee page 56, 58, 59, 65, 68, 75, 79, 83, 84, 85, 89, 90, 241, 243, 268, 297, 298, 584. Pulchas Pilgrimage, Alexander ab Alexandro, Hoſpinian De Origine Templorum, and others. And to give you one inſtance for all, There are no leſſe than 700 Moſchees or Saracinical Temples in Feſſe, (a Mahometan City in Barbary) the chief whereof is Carven, being a full mile and an half in compaſſe. It hath 31 Gates, great and high: the Roof is 150 yards long, and 80 broad: the Steeple very high: the Ornaments rich and ſtately: Round about it are divers Porches, containing 40 yards in length, and 30. in breadth: About the Walls are Pulpits of divers ſorts, wherein the Maſters and Prieſts of their Law, read to the People ſuch things as they think pertain to their Salvation: The Revenue of this Temple alone, Anno 1526. was no leſſe than 200. Duckets a day, of old rents. The chief Church in Morocco is bigger, though not altogether ſo fair as that of Feſſe, and hath a Tower ſo high, that the Hills of Az…fi being 120. miles diſtance may be ſeen from thence, (as bbIoan. Leo. Geographical Deſcription of Africa, l. 3.Leo ccPilgrimage, l. 6. c. 10. p. 614.Purchas, and ddMicrocoſm, p. 710, 711, 712.Heylin write) Theſe Temples and others are adorned with marble Pillars, and curious Moſaicks, carved works of all ſorts: Their Prieſts and Readers of the Law have a liberal Stipend, with Books and lands likewiſe allowed them, and are had in very high eſtimation and Reverence, both with their Kings, Magiſtrates, People; the Califfs there receiving likewiſe the tenth Meaſure of Corn yearly from the People: Beſides which Tenths they have p. 54many Colleges and Schools of Learning very Majeſtically built and richly endowed. Thoſe therefore who pretend themſelves Saints of the higheſt New-form, and yet would deface the beautifull Churches our pious Anceſtors erected for Gods worſhip, & ſtrip our Miniſters naked of all Glebes, Tithes, ſetled Maintenance, ſo as they ſhall not be able to live comfortably, and provide for their Families have in truth denyed the Faith, and are worſe than theſe Turks and Infidels, 1 Tim. 5.8.

2ly. That hereby they ſhall make both our Religion and Nation to ſtink in the Noſtrils of all forein Proteſtant Churches, Papiſts, Turks, Infidels; who by the very light of Nature have condemned Sacrilege and Church Robbers: Acts 19.37. Give extraordinary advantage to Jeſuites, Papiſts and other Atheistical Seducers, to reduce the People either to Popery or mere Atheiſm: Give all the Enemies of God and our Religion occaſion both to rejoyce and blaſpheme; and extraordinarily ſcandalize and grieve the hearts of all true Godly Miniſters, and Proteſtants really affected to our Religion, throughout our three Nations.

3ly. That they will herein exceed all our late ſuppreſſed Prelates and their High Commiſsion Courts in Tyranny, Cruelty, Injuſtice, by undoing all or moſt of our Godly Miniſters and their Families at one fatal blow; inſtead of relieving them in their preſent Neceſsities under which many of them ſadly groan, by depriving them of their Livelihood, without any legal Conviction of the leaſt crime, but only that they are Miniſters of the Goſpel, and receive Tithes; and thereby draw upon their Heads, not only the cryes and clamours of theſe oppreſſed ones here, with all the formentioned Curſes and judgements denounced againſt Tith-Detainers, but alſo that ſad irrevocable ſentence of Condemnation before Chriſts Tribunal at the laſt day, Matth. 25.41. Depart from me ye curſed into everlaſting fire prepared for the Devil and his Angels; for I was hungry and ye gave me no Meat, I was thirſty and ye gave me no Drink, I was (not) a Stranger, (but your Miniſter) and ye took me not in, (but caſt me and mine out of thoſe Rectories and Benefices your Anceſtors gave and ſetled on me,) naked, and ye cloathed me not, nay ſtripped me naked of all my cloathing p. 55and Livelihood, and would neither relieve, nor maintain me your ſelves, nor permit others to do it, in an antient legal way; And then what can you anſwer, or to whom can you reſort for protection, from this inevitable juſt Charge and Doom of Damnation for all eternity?

4ly. Conſider ſeriouſly the exemplarie puniſhment executed upon Ananias and Saphyra, Acts 5.1, &c. with that fearfull judgement of retaliation denounced againſt all plundering Enemies of the Church of Chriſt, Iſay 33.1. Wo unto thee that ſpoyleſt, and thou wast not ſpoyled; and dealeſt treacherouſly, and they dealt not treacherouſly with thee; when thou ceaſest to ſpoyl, thou ſhalt be ſpoyled; and when thou ſhalt make an end to deal treacherouſly, they ſhall deal treacherouſly with thee: Seconded by Obadiah 15. As thou haſt done it ſhall be done unto thee, thy reward ſhall return upon thine own head. And if any fondly conceit, (as many do) that the Swords and Power of an Army ſhall bear them out againſt the Lord of Hoſts himſelf: let them conſider that of Pſal. 33.16. There is no King ſaved by the multitude of an Hoſt, (themſelves have ſeen it by late experience) neither is any mighty man delivered by great ſtrength. Jeroboam the Idolatrous Uſurper had an Army of no leſſe than eight hundred thouſand choſen men, to make good his uſurped Title againſt Abijah Davids right Heir, yet when he had caſt out the Prieſts of the Lord from their Suburbs and Poſſeſsions, and made him Prieſts for his Calves of the loweſt of the people; he was vanquiſhed by a far ſmaller Army, and no leſſe than five hundred thouſand of his forces ſlain in one dayes battel, and the Lord ſoon after ſmote him that be dyed, 2 Chron. 13 Oreb, Zeba, and Salmunna the Princes and Generals of the Midianites, when they entred into the Land of Iſrael to deſtroy it, had an Army like unto Graſhoppers for multitude, and they and their Camels were without number, Judges 6.5, 6. Yet when they ſaid, Let us take to our ſelves the Houſes of God in poſſeſsion, they were totally routed by Gideon, and his 300. men having only Trumpets and Lamps; and periſhed at Endor, and became as dung for the earth, Judg. 7. & 8. Pſal. 83.9, 10, 11, 12. Senacherib invaded Judah with a victorious and numerous Army, above treble the Number to any Army in our daies; Yet when he truſted to the ſtrength of his p. 56Army, and bid defiance to the God of Heaven (as thoſe do now who oppugn and ſpoil his Miniſters of their inheritance) God ſent his avenging Angell, which cut off all the mighty men of valour, and the Leaders, and the Captains and one hundred fourſcore and five thouſand of his ſouldiers in one night, and when they aroſe early in the morning, behold they were all dead corps: ſo he returned with ſhame of face into his own land, and when he was come into the houſe of his God, his own Sonnes that came out of his own bowels, ſlew him there with the ſword. 2 Kings 19.35, 36, 37. 2 Chron. 32.21. The two proud ſurly Captains with the fifty armed troopers at their heels, who came in a violent manner but to fetch down Elijah the man of God from an hill to King Ahaziah, were deſtroyed with fire from Heaven, and the third Captain only ſaved, who fell on his knees before him, and beſought him for his own and his fifties lives, and uſed him like a man of God, without any rudeneſs or plunder, 2 Kings 1.9, 10, &c. To leſſon all ſouldiers and Captains now, to reverence Gods Miniſters, and aaPſ. 105.14, 15.Ps 105:14Ps 105:15do his Prophets no harm in their Perſons, Callings or Eſtates: Elſe he who rebuked Kings, and miraculouſly ſlew thoſe Captains and their Troopers for their ſakes, will avenge their quarel now as well as in former ages. And if former victories and ſucceſſes have and do puff them ſo far up with pride or ſecurity, as to think they may now reduce our Miniſters like Conquered vaſſals to ſuch poverty, as to enforce and make them eat the very crumbs under their Tables, inſteed of feeding at their own; let them remember that one memorable Preſident (wherewith I have quelled many uſurping ſouldiers) of the greateſt Conqueror and Abuſer of Kings, I ever yet read off in the world, and Gods retaliation upon him for his Tyranny and inhumanity after the Conqueſt of no leſs then 70. Kings (and who now living hath conquered the tenth part of that number?) thus recorded to all Poſterity, Judg. 1.5, 6, 7. And Iudah fought againſt Adonibezeck, in Bezeck, and they ſlew the Canaanites and Perazites. And Adonibezeck fled, and they purſued after him, and caught him, and cut off his Thumbs and great Toes. And Adonibezeck ſaid, threeſcore p. 57and ten Kings, having their thumbs and great toes cut off, have gathered their meat under my Table: As I have done, ſo God hath requited me; and they brought him to Ieruſalem and there he died. It is very dangerous for any Conquerers to make ill Preſidents of Tyranny or Rapine, becauſe they have power in their hands to do it. Mark what a Wo and judgement God denounceth againſt ſuch, Mich. 2.1, 2, 3, 4 Wo to them that deviſe iniquity upon their beds, when the morning is come they practiſe it, Becauſe it is in the power of their hand. And they covet fields, and they take them by violence, and houſes, and take them away: So they oppreſs a man and his houſe, even a man and his heritage (Nay Miniſters now and their Heritage, as well as other mens) But mark what follows immediately. Therefore thus ſaith the Lord, Behold, againſt this family do I deviſe an evil, from whence they ſhall not remove their necks, neither ſhall they be hauty, for this time is evil. In that day ſhall one take up a Parable againſt you, and lament with a dolefull lamentation, and ſay, we be utterly ſpoiled; He hath changed the portion of my people (as ſome now would change our Miniſters) How hath he removed it from me? turning away He hath divided our fields, therefore he ſhall have none that ſhall caſt by lot in the Congregation of the Lord. It is moſt perilous for any by meer Arbitrary Votes, will and violence to ſeiz on, change, divide any other mens lands, houſes, inheritances, eſpecially Gods Miniſters; it will prove as bad as a cup of poiſon to them, they ſhall vomit them up again with a vengeance; And though their excellency mount up to the Heavens and their Head unto the Clouds; yet their triumphing ſhall be but ſhort, and their joy but for a moment: They ſhall periſh for ever as their own dung: They which have ſeen them ſhall ſay, Where are they? They ſhall fly away as a dream and ſhall not be found: The eyes which ſaw them ſhall ſee them no more, neither thall their place any more behold them, (mark the reaſon) becauſe they have oppreſſed and violently taken away an Houſe which they builded not. Job 20.4. to 20. How much more the Houſes, Glebes, Tithes of God and his Miniſters? Let this ſad conſideration then, perſwade all turbulent, greedy, ſacrilegious ſpirits to follow Dr. Gamaliels advice, (which many of p. 58them have much preſſed for a publick Toleration of all Religions, though now they would aaAs appears by their late Petitions, and Iohn Cannes Voyce.extirpate all Miniſters and their Tithes root and branch) recorded Acts 5.48, 49. Refrain from theſe Men (and their Tithes too) and let them alone; for if they (and their tithes) be o… God (as I have proved them) ye cannot overthrow them, leſt haply ye be found to be fighters againſt God.

5ly. Let every of the chiefeſt now in Power, remember thoſe many reiterated ſolemn Declarations, Proteſtations, Votes and Ordinances they have formerly made for the due payment and preſervation of our Ministers Tithes and Augmentation of their incompetent Livings out of the Biſhops and Delinquents Impropriations, and Deans and Chapters Lands; (for the moſt part other waies diſpoſed notwithſtanding) And what an high violation of publick Faith, Truſt, Promiſes, Solemn Engagements, and an eternal Infamy and Diſhonour it will procure to their Perſons, Memories (in after Annals) and Poſterities, if all theſe ſhould now conclude in a general armed Depredation, Abolition, Diſſolution or Subſtraction of all their old Rectories, Glebes, Tithes, Dues, inſtead of new ſettled Augmentations out of other diſſipated Church Revenues formerly Voted for them.

6ly. Let all Changers and Innovators of our Fundamental Lawes and Miniſters Maintenance, conſider what prohibitions, Comminations and Judgements God hath proclaimed againſt, and inflicted upon ſuch innovators and changers in his Word. Eccleſ. 10.5, 6, 7, 8, 9. There is an evil which I have ſeen under the Sun, As an error which proceedeth from the Ruler: folly is ſet in great Dignity, and the Rich in low Place; I have ſeen Servants upon Horſes, and Princes walking as Servants on the earth (but mark the iſſue) He that diggeth a pit ſhall fall into it: and who ſo breaketh an bedge, a Serpent ſhall bite him: who ſo removeth ſt…nes ſhall be hurt thereby, and he that cleaveth Wood ſhall be endangered thereby. The meaning of which Parabolical expreſsions is thus more clearly explained, Prov. 24.21, 22. My Son, fear thou the Lord and the King, and meddle not with thoſe who are given to change, for their calamity ſhall riſe ſuddenly, and who knoweth the ruine of them both? That is, of the Changers & their Adherents joyning with them, by the revenging Juſtice p. 59both of God and the King. My deceaſed Brother Burtons Sermons on this Text, Nov. 5. 1636. are worth all our Innovators reading. For which Sermone he and I joyntly ſuffered in the Star-chamber through our Innovating all-ruling Prelates malice, for diſcovering, oppugning thoſe ſeveral Changes and Innovations they had made in the Ceremonies, Doctrine of our Church, and High-Commiſſion arbitrary proceedings, contrary to our Laws. Little did thoſe Prelates think in that time of their domineering Power and Greatneſſe, that theſe changes of theirs, and unrighteous cenſures upon us for diſcovering and oppoſing them, would have ſo ſoon proved the very cauſes of their unexpected ſudden calamity and ruine, according to this Text and cenſured Sermons; and of their High-Commiſsion and Starchamber Court too, wherein they proſecuted us; yet they really found they did ſo. What proved the calamity, and ruine of Strafford, Canterbury, and the old Council Table, but their unrighteous exorbitant Innovations and New Projects againſt our Laws, and old forms of Parliamentary Proceedings? What brought ſudden unexpected calamity and ruine on the late King and Parliament too, (even by thoſe who were raiſed, commiſsioned, engaged by Oaths, Proteſtations, and Solemn Covenants to defend and preſerve them) but Gods Juſtice for ſome exorbitant Changes, and Fundamental, violent, illegal Innovations, whereof both were guilty? eſpecially in the Militia; whereof the Houſes endeavouring totally to diveſt the King, without admitting him any ſhare therein (which aaExact Collection, p. 59. &c.bred the firſt freſh quarrel between them) as their only ſecurity and the Kings too: And now God hath made that very Militia the ruine of them both, and to aſſume both the Regal and Parliamental, Military and Civil Supreme Authority and Government of the Nation and united Kingdoms too, wholly to themſelves, and to daſh in pieces that new minted Mock Parliament Power and Government themſelves at firſt created; for thoſe many notorious injurious Changes, Oppreſsions, Innovations of all ſorts whereof they were deeply guilty: And what other fatal Changes God may yet ſuddenly effect to the Calamity and Ruine of thoſe who have been chief Inſtruments in all theſe Changes, if p. 60they ring THE CHANGES ſtill, till they aaIſay 29.16.Isa 29:16have turned all things upſide down, as the Potter doth his clay, and our very Miniſters ſetled maintenance, with all Fundamental laws for the eſtabliſhment of their and all others juſt Rights and Liberties, I leave to their own ſaddeſt Meditations, theſe Goſpel Texts of Rom. 2.1, 2, 3. and c. 12.20, 21. (which I hope neither will nor can offend any Profeſſors of the Goſpel) Therefore thou art inexcuſable O man whoſoever thou art that judgeſt, for wherein thou judgeſt another, thou condemneſt thy ſelf, for thou that judgeſt doeſt the ſame things. But we know that the judgement of God is according to truth against them who commit ſuch things: And thinkeſt thou this O man, that judgeſt them who do ſuch things, and doeſt the ſame, that thou ſhalt eſcape the Iudgement of God? Be not High-minded but fear: For if God ſpared not the Natural Branches take heed leſt he alſo ſpare not thee, being a Wilde Olive Tree. And when they have meditated on theſe Texts, I ſhall further importune all ſuch of them who like the little Horn in Daniel 7.24, 25, 26. that ſhould be divers from the FIRST, and ſubdue THREE KINGS; and being elevated with that ſucceſſe, ſhould ſpeak great words againſt the moſt High, and wear out his Saints, and think to change Times and Laws, adviſedly to conſider what there next follows. That though the Laws and Times ſhould be given into his hand, yet it will be untill a time and times and the dividing of times. And the Judgement ſhall ſit, and they ſhall take away his Dominion to conſume and deſtroy it unto the end. And then our Miniſters need not fear their Miniſtry, Tithes, Glebes, nor the People their Iust Rights and Liberties, which otherwiſe are like to be loſt, ſubverted, deſtroyed in the long, bloody, coſtly Conteſts and Wars for their Defence and Preſervation.

Now leſt any ſhould pretend matter of Conſcience or Reaſon againſt the Chriſtian Magiſtrates enforcing of Tithes true payment, by coercive Means and Laws, in theſe Tith-detaining ſacrilegious times; or for the ſpeedy Repeal of all our fore-ſpecified Laws and Ordinances yet in force to compel all Detainers of them to pay them duly under the ſeveral penalties therin preſcribed; I ſhall endeavour to give a full ſatisfactory p. 61Anſwer to all Arguments and Cavils of moment uſually made againſt them, which are reducible to theſe four Heads.

Object. Firſt, That there is no expreſſe Precept in the Goſpel, nor any ſuch penal Laws, enforcing the payment of Tithes to be found in the Primitive and pureſt times for 500. years after Chriſt; Therefore they are unlawfull, oppreſsive, un-evangelical, tyrannical, antichriſtian; as Canne terms them, in his thundering empty voyce.

Anſw. To this I anſwer, firſt, That there is no expreſſe Precept or Preſident in the New Teſtament, for any ſtrange High Courts of Juſtice, Martial, or other Courts of that Nature, for any Articles of War or penal Laws to put Souldiers or any others to death, or inflict puniſhments for any New High-Treaſons, or Offences whatſoever. No Precept nor Preſident that John Canne (a late Exciſe-man as divers report) can produce for the impoſing or levying of any Exciſe, Impoſitions, Taxes, Cuſtomes, Crown-Rents, Tonnage, Poundage, Contributions, by any Diſtreſſes, Forfeitures, Impriſonments, ſale of Goods, billetting of Souldiers on the People, and armed violence now uſed by Souldiers, Exciſemen, Collectors and other Publicans ſitting at the Receipt of Custom, (whereof I hear Iohn Canne is one, perhaps to Exciſe the Alehouſes and Cannes there uſed for names-ſake) all puny to and leſs warrantable by Gods Law and Goſpel, than our Miniſters Tithes. The Objectors therefore muſt find expreſs Goſpel-Texts for all and every of theſe publick Duties, and the preſent wayes of levying and enforcing them, or elſe diſclaim them, or their Objection againſt Tithes.

2ly. I have produced expreſſe Goſpel-Texts warranting in the general coercive Laws, Sutes, Actions to recover Ministers Tithes, as well as any other juſt, legal, publick or private Dues, Debts, Rents, Lands, Poſſeſsions whatſoever. Therefore the Objectors muſt either diſclaim their Objection, or renounce all penal Laws, Sutes, and coercive Means whatſoever to levy or recover any other civil Rights, Debts or Duties whatſoever, and introduce a lawleſs Anarchy and Confuſion amongſt us, for every one to cheat, defraud, rob, oppreſſe, diſſeiſe, ſpoyl, defame, wound, murder one another, without any penalty or redreſſe, except only p. 62by Club-law, inſtead of a peaceable, juſt and righteous Government.

3ly. The reaſon why there were no coercive Laws for the payment of Tithes or Miniſters dues in the Primitive Church for above 500 years was this, becauſe Chriſtians then were ſo zealous, ready, forwards to render them with an overplus, and to ſell their very Houſes, Lands, Poſſeſsions, Eſtates, and lay them down at the Apoſtles and Ministers feet to maintain them, and relieve their poor Chriſtian Brethren, witneſs Acts 2.44, 45. c 4.34, 35, 37. c. 5.1, 2. 2 Cor. 11.9. Phil. 4.15, 16, 17, 18. Rom. 15.26. and that memorable place, 2 Cor. 8.1, to 5. where Paul records of the firſt Churches and Converts in Macedonia, how that in a great Tryal of Affliction (in times of heavy perſecution) their deep Poverty abounded to the riches of their Liberality, for to their power (I bear them record) yea and beyond their power they were willing of themſelves, praying us with much intreaty, that we would receive the Gift, and take upon us the Fellowſhip of the Miniſtring to the Saints, &c. The aaMatth. 22.23, 24. Luke 11.42. c. 18.12.Matt 22:23Matt 22:24Luke 11:42New Teſtament records, the exceeding readineſs of the Phariſees to pay Tithes of all they did poſſeſſe, and of the ſmalleſt Seeds and Garden-Herbs of all kinds, to their Prieſts or Levites; which Chriſt himſelf approved, commended, with a theſe things ought ye not to have left undone; And bbforeign. Mr. Seldens Review, p. 453.Philo a learned Jew, who lived under Claudius, in the Apoſtles daies, records as an Eye-witneſs on his own knowledge, That the Jews were ſo forward in paying their Firſt-fruits and other Dues to their Prieſts, That they prevented the Officers demanding them, paid them before they were due by Law, as if they had rather received a benefit, than rendered any, both Sexes of their own readineſs, bringing them in with ſuch courteſie and thanksgiving, as is beyond all expreſsion (they are his very words:) And were they then leſſe forwards think you, to render due Maintenance, (if not Tithes and Firſt-fruits,) to the Apostles when they turned Chriſtians? Surely no, for the forecited Texts in the Acts declare, they were far more bountifull than before, both to the Apoſtles and poor Saints, ſelling all they had to ſupport them. The like zeal (even in the heat of perſecution, under bloody Pagan Perſecutors) p. 63continued in all the Primitive Chriſtians next after the Apoſtles, who though perſecuted, driven into Corners, impriſoned, baniſhed, and ſpoyled of their Goods, Lands, by plundering Officers, Sequeſtrators, Souldiers, as ccEccleſ. Hiſt. l. 4. c. 26. l. 6. c. 41, 42. l. 7. c. 12. Fox Acts and Monuments. vol. 1.Euſebius, and others record, yet every one of them out of his deep Poverty contributed every Month, or when he would or could ſome ſmall ſtipend for the maintenance of the Miniſters and Poor (when they had no Lands to pay Tithes out of) of his own accord without any coercion: witneſſe (aaApologet. c. 39. Tertullian (who flouriſhed but 200. years after Chriſt) Modicum unuſquiſque ſtipem Menſtrua die, vel cum velit, et ſi modo volit, & ſi modo poſſit apponit, nam nemo compellitur, (there was no need when they were ſo free of their own accord) ſed ſponte conſert. Haec quaſi depoſita pietatis ſunt. And though their Monthly ſtipends in regard of their great Poverty were thus termed ſmall comparatively to what they were before the Perſecution, yet indeed they were very large, conſidered in themſelves, as by the ſame Authors following words in this Apology, c. 42. appears, Plus noſtra miſericordia inſumit vicatim, quam veſtra Religio templatim: they beſtowing more in a Liberal free way of Chriſtian Charity in every Village towards their Miniſters and Poor, than the wealthy Pagan Romans did in their Temples and Sacrifices for the Maintenance of their Paganiſm. In the 9th. general Perſecution of the Chriſtians about 273 years after Chriſt, or before, The bbAmbroſe Offic. l. 1. c. 41. Fox Acts and Monuments, vol. 1. p. 92, 93.Governour of Rome told Saint Lawrence the Martyr (Arch-Deacon to Pope Xistus the 2d. and Treaſurer of the Chriſtians Oblations for the Miniſters Maintenance and Poors relief) that the common Report then was, bow the Christians did frequently ſell their Lands, and diſinherit their Children (like thoſe in the Acts) to enrich the Miniſters, and relieve the Poor, bringing thouſands of Seſtertii at a time to St. Lawrence, out of the ſale of their Lands, ſo as their Treaſury was ſo great that he thought to ſeiſe on it for a prey: Which their bountiful Liberality ccPr. Steph. Hym. 2.Prudentius thus poetically expreſſeth,

Offerre fundis venditis

Siſtertiorum Millia,

Addicta Avorum praedia

Faedis ſub auctionibus,

Succeſſor exhaeres gemit

Sanctis egens Parentibus,

Et ſumma pietasli creditur

Nudare dulces heros.

p. 64What need then any Law to compel the Chriſtians to pay Tithes or Miniſters dues, when in the heat of Perſecution, they were ſo bountifull to them and the Poor as thus voluntarily to contribute their whole Eſtates for their ſupport? Whoſe Preſident if the Cavillers againſt our preſent penal Laws, Ordinances for Tithes would imitate, no Miniſter nor other voluntary Tith-payers would oppoſe their repeal. And though in theſe Primitive times of Perſecution, the Chriſtians being ſpoyled of their Lands and Poſſeſſions, could not pay Tithes in kind in moſt places, but were neceſſitated to ſuch voluntary Contributions as theſe, yet without all peradventure they held the payment of Tithes to Miniſters in kind, a Divine Moral Duty, and in ſome places, and at ſome times (when and where they could) did voluntarily pay Tithes as a Duty for their Maintenance without any coercive Laws or Canons, upon the bare demand or exhortation of their Miniſters, by vertue of Gods own Divine Laws, as is undeniable by Irenaeus, l. 4. c. 34. who records, That the Chriſtians in his time (being but 180. years after Chriſt) did not give leſſe to their Miniſters than the Jews did to their Prieſts by the Law of Moſes, who received the conſecrated TITHES of their people, but more, Deſigning omnia quae ſunt ipſorum, all they had to the Lords uſe, Hilariter ac liberaliter ea quae non ſunt minera: Giving chearfully and freely thoſe things which were not leſſe than Tithes, as having greater hope than they. And further confirmed by Origen, Homil. 11 in Numeros: Saint Cyprian, lib. 1. Epiſt. 9. De unitate Eccleſiae, the words of Saint Auguſtine, Hom. 48. Majores noſtri ideo copiis abundabant, quia Deo Decimas dabant; And the ſecond Council of Maſcin, An. 586. Can. 5. Leges Divinae Conſulentes Sacerdotibus ac Miniſtris Eccleſiarum, pro Haereditaria portione omni populo praeceperunt, Decimas fructuum ſuorum locis ſacris praeſtare, ut nullo labore impediti per res illegitimas poſſint vacare Miniſteriis, Quas leges Chriſtianorum Congeries legis temporibus cuſtodivit iutemerata. Which prove a long continued Cuſtom and Practice of paying Tithes to Miniſters as a Divine Right and Duty, uſed amongſt Chriſtians long before St. Auguſtins dayes and this antient Councel. p. 65And no ſooner were the times of Perſecution paſt, but the Divine Right of Tithes was aſſerted, preſſed, and the due payment of them inculcated by St. Hilary, Nazianzen, Ambroſe, Hierom, Chryſoſtom, Auguſtine, Euſebius, Caſſian, Cyril of Jeruſalem, Iſiodore Peluſiota, and Caeſarius Arelatenſis, all flouriſhing within 500. years after Chriſt, as Dr. Tilleſly proves at large; And the people during that ſpace paying their Tithes freely, without any compulſion in all places, there needed neither Laws nor Canons to enforce their payment: whenceaaOperum, p. 278. Agobardus writes thus (about the year of our Lord 820. when Laws and Canons began to be made for their payment) of the precedent times: Nulla compulit neceſſitas fervente ubique religioſa devotione, & amore illustrandi Eccleſiae ultro aestuante. That there was no need of Canons or Laws to compel the payment of Tithes, whiles fervent religious Devotion, and love of illuſtrating Churches every where abounded. But in ſucceeding degenerating times, when (according to Chriſts prediction) the bbMatth. 24.12.Matt 24:12love and zeal of many Chriſtians to God, Religion, and Miniſters began to grow lukewarm, and colder than before, ſo as they began to detain their Tithes and Miniſters dues, then preſently Chriſtian Kings and Biſhops in Eccleſiaſtical and Temporal Synods and Councils, began generally in all places, to make Laws and Canons for the due payment of them; declaring in them only the Divine Right, Laws and Precepts of God to the People both in the Old and New Teſtament, as a ſufficient obligation (ſeconded by their bare Canons and Edicts) without any coercion or penalty to oblige them to their due payment. The firſt unqueſtionable Canon for the payment of Tithes I find extant, is that of the ſecond Council of Maſcin forecited, An. 586. cap. 5. The firſt Law extant made by any General Council or Parliament for the payment of Tithes, is that of the Council of Calcuth in England, under Offa and Alfred, An. 786: declaring their Divine Right, and enjoyning their payment without any Penalty; After which Charles the Emperour, about the year of our Lord 813. by Canons made in ſundry Councils, and in his Capitulars or Laws, enjoyned the payment of Tithes, under pain of being enforced to render them by diſtreſſe, upon complaint, and ſome ſmall p. 66penalties. Since which time many Laws and Canons were made in our own and forein Realms till our preſent times, for the due payment of Tithes under ſundry penalties, which becauſe collected by Sir Henry Spelman in his Councils, Mr. Selden in his Hiſtory of Tithes, Bochellus Decret. Eccleſ. Gal. l. 6. Tit. 8. De Decimis, Fridericus Lindebrogus Codex Legum Antiquarum, Surius, Binius, Crab, Lindwood in their Collections of Councils, and ſundry others; I have therefore only given the Reader a brief Catalogue of the principal Civil laws both at home and abroad, for the due payment of them; reciting more at large but what others for the moſt part have omitted, and are not vulgarly known, giving only brief hints upon ſome of the reſt in my third Chapter. Whither I refer the Reader for further ſatisfaction in this Objection; and ſhall conclude of penal Laws as Seneca doth of Fates: Fata volentes ducunt, Nolentes trahunt: thoſe who will not willingly pay their Tiths muſt and ought to be compelled thereunto by penal Statutes:

The ſecond Objection is,Object. 2. That the payment of Tithes is againſt many mens Judgements and Conſciences: Therefore it is both Ʋnchristian, Tyrannical, and Ʋnjuſt, to enforce them thereunto.

I anſwer,Anſw. 1. That the payment of Tithes being not only warranted but commanded in and by the Old and New Teſtament, and the conſtant practice of Chriſtians in all Ages, Churches, there neither is, nor can be the leaſt pretence of Conſcience, for the non-payment of them. Therefore this pretext of Conſcience is in truth nought elſe, but moſt deſperate Ʋnconſcionableneſs, Malice, Obstinacy, Peeviſhneſs, Covetouſneſs, Impiety, or ſecret Atheiſm, worthy to be reformed by the ſevereſt Laws and penalties.

2ly. All that Conſcience can pretend againſt their payment as Tithes, is only this Anabaptiſtical Deviſe, and loud Lye of Canne and others; That the payment of a preciſe Tenth part of mens increaſe to their Miniſters is Jewiſh or Antichristian, and ſo unlawfull: both which I have unanſwerably refelled. Therefore this can be no ground or Conſcience for any to detain them. But if any ſcrupulous Conſciences be not ſatisfied in this point, let them either pay their Miniſters the Moitie or 9. parts, or the 5, 6, 7, 8, or 9. part of their p. 97annual encreaſe, neither of which is Jewiſh or Antichriſtian; or elſe let them ſell all their old or new purchaſed Lands, Houſes, Poſſeſsions, Goods they have, and beſtow them on the Miniſters and Poor, as the forecited Primitive Chriſtians did, whom they pretend to imitate, and then they may ſatisfie both their Conſciences and Miniſters too, without the leaſt difference, coercion, ſute or penalty of our Laws.

3ly. Many of theſe very Objectors, pretending Conſcience, as Souldiers or Sequeſtrators, have made no Conſcience to enforce thouſands of Pariſhioners of late years throughout the Nation to pay their Miniſters Tithes to themſelves for pretended Arrears or ſequeſtred Goods, and exacted Monthly contributions out of Miniſters Tithes to pay the Army, without any ſcruple of Conſcience, levying them by diſtreſs and armed violence, when detained. If then they can enforce others thus to pay Tithes to themſelves, and thoſe to whom they were never due by any known Law of God or Man: With what Conſcience can they detain them from our Miniſters, to whom they are due by all divine and human laws, or condemn the enforced payment of them from themſelves, who have ſo violently extorted them from others?

4ly. If any Miniſters or others plead the payment of our late heavy monthly Taxes, Exciſes, Impoſitions, Ship-mony, far exceeding the old, to be againſt their Conſcience, as being impoſed by no lawfull Parliamental Authority, repugnant to all our Laws, Statutes, Liberties, Privileges, Proteſtations, Covenants, Records, Votes of Parliament, imployed to ſhed Seas of innocent precious Chriſtian blood, to maintain unchriſtian bloody wars againſt our late Proteſtant Brethren in Covenant and Amity, they know not upon what lawfull Quarrel, to ſupport an arbitrary Army Government, Power to domineer over them, to ſubvert our old Fundamental laws, Parliaments, Governours, Liberties, Peace, Elections, Trials, the Great Charters of England, foment Hereſies, Sects, Schiſms, and carry on the Plots of the Pope, Jeſuites, Spaniard, French, to ruine our Realms, Church, Religion, and pay many diſguiſed Jeſuites and Popiſh Prieſts ſecretly lurking in all places under p. 68the Mask of liſted Souldiers (as moſt wiſe men conceive) to perpetuate our warrs, deſtroy our Miniſters and Nation by endleſs wars and Taxes. All theſe, with other ſuch weighty grounds of Conſcience, Law, Prudence, (which aaSee my Legal Vindication againſt illegal Taxes, and Humble Remonſtrance againſt Ship-mony.ſome have inſiſted on and pleaded) can no waies exempt them from violent Diſtreſſes, Quarterings, Penalties, Forfeitures, Levies, by armed Souldiers, who regard theſe Pleas of Conſcience no more than Common High-way-men who take mens Purſes by force, and deem all publick Enemies, who dare plead Law or Conſcience in this caſe; though the Plea be true and undeniable even in their own Judgements and Conſciences, as ſome of them will acknowledge to thoſe they thus oppreſs. Why then ſhould they or any others eſteem this mere pretence of Conſcience only againſt Penal Laws for Tithes, enforced in a leſſe rigorous manner, which they may with as much reaſon and Juſtice allege againſt the payment of their juſt Debts, Land Lords Rents, and all other dues from them to God or Men?

The 3d. Objection is,Object. 3. That Tithes are pure Alms; Therefore not to be enforced by any Law. For which the Opinions of John Wickliff, Huſſe, Thorp, are produced by the Anabaptiſts, and Eraſmus urged by ſome, but without ſufficient ground.

Anſw.I have anſwered this Objection elſewhere, and ſhall here only declare, whence, I conceive, this Error (that Tithes are mere Alms) originally proceeded, to rectifie miſtakes of the meaning of ſome antient Authors, and clear two Texts of Scripture which ſome Scholars and ignorant People miſapprehend.

Firſt, I conceive this Error ſprang originally from the miſunderſtanding of that Text of Deutr. 14.28, 29. At the end of three years thou ſhalt bring forth all the Tith of thine encreaſe THE SAME YEAR, and ſhalt lay it up within thy Gates. And the Levite (becauſe he hath no place, no Inheritance with thee) and the Stranger, and the Fatherleſſe and the Widow, which are within thy Gates ſhall come, and ſhall eat (thereof ) and be ſatisfied; That the Lord may bleſs thee in all the work of thine hands which thou doeſt; compared with Deutr. 26.12, 13, 14. When thou haſt made an end of tithing all the Tithes p. 69of thine Encreaſe, the third year, which is the year of Tithing, and haſt given unto the Levite, the Stranger, the Fatherleſs and Widow, that they may eat within thy Gates, and be filled; Then thou ſhalt ſay before the Lord thy God, I have brought away the hallowed Thing out of mine Houſe, and alſo have given them unto the Levite, and unto the Stranger, to the Fatherleſs and to the Widow; according to all thy Commandements which thou haſt commanded me; I have not tranſgreſſed thy Commandements, neither have I forgotten them; I have not eaten thereof in my mourning, neither have I taken away ought thereof for any uncleaneſs, nor given ought thereof for the Dead, but have hearkned unto the voyce of the Lord my God, and done according all thou haſt commanded me: To which that of Amos may be referred. From which Texts ſome have conceived, That the Iſraelites paid Tithes only every third year. 2ly. That they paid them then not to the Levites only, but to the Stranger, Fatherleſs, Widows and Poor amongſt them, who had a right and ſhare in them as well as the Levites. 3ly. That theſe Texts uſe the phraſe not of paying Tithes, as a Debt or Duty, but of GIVING them as an Alms; and ſeeing they are given thus to the Stranger, Fatherleſs, Widow as Alms; therefore to the Levites likewiſe, here coupled with them. This doubtleſs was the true ground that Tithes were reputed mere Alms by ſome, and not a Divine Right peculiar to Miniſters.

To diſperſe theſe Miſts of Error. Firſt take notice, That neither theſe, nor any other Texts in Scripture ſtile Tithes Almes, much leſſe pure Almes, which men may give or retain at their pleaſures. 2ly. That they expreſſely reſolve the contrarie that they are no Alms at all in the objected ſenſe, but a moſt certain poſitive commanded Debt and Dutie, no waies arbitrarie in the leaſt degree. For 1. By expreſs poſitive Laws and Commandments of God oft repeated, all the particulars of this Dutie are defined. 1. The Quota pars or quantitie: All the Tithe of thine Encreaſe the ſame year. 2ly. The time of it: every third year, which is the year of Tithing, at the end of three years. 3ly. The place of Stowage: Thou ſhalt lay it up within p. 70thy gates. 4ly. The perſons who muſt receive it: The Levite, Stranger, Fatherleſs, Widow. 5ly. The place of their receiving it: Within thy gates. 6ly. The manner of receiing it: They ſhall come and eat thereof and be filled. Secondly, which is moſt conſiderable, the Owners and Tithe-payers had no diſpoſing power over it for their own uſes upon any occaſion or neceſſitie. For, 1. They muſt bring all of it out of their Houſes as an hallowed thing. 2ly. They muſt make a ſolemn Proteſtation before the Lord, that they had given it all to the Levite, Stranger, Fatherleſs, Widow, and that not of their own free voluntarie bountie, but as a bounden debt and dutie, according to all Gods Commandments which he had commanded them. 2ly. That they had neither wilfully tranſgreſſed, nor negligentlie forgotten his Commandments herein. 3. That they had neither eaten thereof in their mourning (in times of want and diſtreſs) neither had they taken away ought thereof for any unclean uſe, &c. but have hearkened to the voice of the Lord their God, and done according to all that he commanded them: The reaſon of which Proteſtation was, becauſe God committed the cuſtodie and diſpencing of theſe three years Tithes to the Owners themſelves, who might be apt to purloin and pervert part of them to their own private uſes. I appeal now to all mens conſciences, whether theſe very Texts do not unanſwerably prove Tithes to be no Alms or arbitrary Benevolence at all, but a moſt preciſe, poſitive, certain Debt and Duty, moſt punctually limitted in each particular? and whether that we now uſually call Alms to the Poor, be not a Debt and Duty, as Rom. 15.27. with other Texts reſolve it, not a meer Freewill Gift, which we may neglect or diſpence with as we pleaſe.

Having cleared the Text as to Alms, I ſhall next vindicate them from the other miſtakes concerning the time of Tithing, and Perſons receiving Tithes. For which end we muſt know, that the Jews had four ſorts of Tithes, as the Scriptures and aaHierom. ſuper Ezech. l. 14. ad cap. 44. Joſephus Antiqu. Jud. l. 4. c. 8. Chryſoſtom Hom. 4. in Epheſ. Serm. 103. Sir James Semple sacriledge sacredly handled. Joſeph Scaliger Diatr. de Decimis. Mr. Seldens Hiſtory of Tithes, and Review, c. 2. Purchas Pilgrimage, l. 2. c. 7. Richard Mountague Diatribae on Mr. Seldens Hiſtory of Tithes, c. 2. & Dr. Tilleſley and Mr. Nettles Ibidem. Dr. Solaters Miniſters portion, p. 17.Marglnal Authors prove, beſides their p. 71Firſt fruits, amounting to any proportion from the 40th. to the 60th. part amongſt the Phariſees who exceeded others in bounty,

1. Such Tithes as every of the Laity in every Tribe of Iſrael, who had any comings in, or increaſe at all, paid unto the Levites, out of their Annual increaſe that was eatable or uſefull for them, as a ſacred inheritance, poſſeſſion and reward for their ſervice at the Tabernacle; being the full Tenth part of their increaſe, after the firſt fruits deducted: which Tithes they received in kinde at their reſpective Cities and places of abode: and if any Tithe-payer would redeem or compound for them, he was to adde a fifth part more than they were valued at; becauſe the Levites ſhould not be cheated by any undervalues, and thoſe who redeemed them did it only for their own advantage for the moſt part, not the Levites; and then they ſhould pay for it. Theſe are the Tithes preſcribed Levit. 27.30, 31, 32, 33. Numb. 18.20, to 32. Which the Levites and their Houſeholds were to eat in every place, where they reſided, as their peculiar Portion and Inheritance; Wherein the Stranger, Fatherleſs and Widow had no ſhare, neither were they brought up to Jeruſalem, nor put into any common Treaſurie; and paid conſtantly every year. And theſe are the Tithes which our Miniſters now challenge and receive by a Divine Right, as their ſtanding inheritance, and the Churches Patrimonie: and the Tithes intended Heb. 7.2, 5, 8, 9.

2ly. Such Tithes as the Levites paid to all the Prieſts, as moſt affirm: Or to the High Prieſt only (as Lyra, Toſtatus, and ſome other Popiſh Authors aſſert, to juſtifie the Popes Right to Tenths, which he challengeth and receiveth for the reſt of the Popiſh Clergie in all places) for their better maintenance and ſupport beſides their Firſt-fruits, fees of Sacrifices, Oblations and other Duties, being the full tenth part of the Tithes they receive from the people (due to the whole body of the Tribe of Levi) Numb. 18.20. to 31.

3ly. A ſecond Tenth, which the Lay Iſraelites were obliged by God, to pay every year out of their nine parts remaining after ſeparation of the firſt Tenth here mentioned; and this was likewiſe of all their annual increaſe of p. 72Corn, Wine, Oil, Cattel, Sheep, Honey, and things eatable; This Tithe was by Gods ſpecial appointment to be carried up to the place which God ſhould chuſe, and to Jeruſalem in kinde, by the places that were near; and the full value thereof in money by places more remote. Which Tithes and money were deſigned for the maintenance of their publick ſolemn ſtanding Feaſts every year, wherein the Owners, Prieſts, Levites and all the people feaſted together before the Lord. The reſidue was laid up in Storehouſes, Treaſuries and Chambers together with the First-fruits and Offerings for the maintenance of the Prieſts and Levites dwelling in Jeruſalem, having no abiding elſewhere in the Countrey, and for thoſe who came up thither in their Courſes and ſerved in and about the Temple; of which ſome ſelected Prieſts and Levites who were faithfull had the Overſight and Diſtribution; not any Lay Treaſurers, Officers or Sequeſtrators who would be ſingering all our Miniſters Tithes now, and reduce them to a publick Treaſurie, to fill their private purſes with them. Theſe are the Tithes commanded, ſpecified, and principally intended: Deut. 12.6, 7, 8, 11, 12, 17, 18, 19. c. 14.22, to 28. 2 Chron. 31.6, to 16. Neh. 10.37, 38, 39. c. 12.44. c. 13.9, to 14. Mal. 3.10. Which Tithes were aboliſhed with the Jewiſh Feaſts and Temple: Yet the ſhadow and footſteps of them continued many years after in the primitive Chriſtians Love-Feaſts, as Mr. Mountague proves at large.

4ly. The fourth ſort of Tithes which the lay Iſraelites paid, was that for the Levite, Stranger, Fatherleſs and Widow, payable only every third year out of all that years increaſe; after the ſeparation of the forementioned Tithes for the Levites, Prieſts and Annual feaſts; which the Owners kept in their own barns, and were to be eaten by the Levite, Stranger, Fatherleſs, and Widow, within their gates and houſes, Deut. 14.28, 29. c. 26.11, to 17.

Now in alluſion to the laſt kinde of Tithes, St. Ambroſe Sermone in die Aſcentionis, St. Jerome in Mal. 3. St. Auguſtine, Sermo: 219. De Tempore, & ad Fratres in Eremo, Serm. 64. Caeſarius Arelatenſis, De Eleemoſyna, Hom. 2. Eutropius in the Life of St. Steven, c. 17, 18. The Exhortation written about An. 700. Beda Eccleſ. Hiſt. l. 4. c. 10. Agilardus p. 73Contra inſulſam vulgi opinionem de Grandine, &c. p. 155. Ivo Carnotenſis, Epiſt. 102. The Synod of York under Hubert, An. 1194. and ſome others, preſs the payment of Tithes to Ministers, and giving Alms, or ſome part of their goods to the poor, jointly together; and ſome few of them ſtile Tithes, Tributa refectorium Animarum: The Tribute (not Alms) of the poor ſouls; and tell us of Tithes which God himſelf hath commanded to be given to the poor. But this they intend not, of the firſt ſort of Tithes due to the Ministers of God; but of a Tenth of their remaining Annual increaſe after the Miniſters Tithes firſt paid; as moſt of them expreſly declare. viz. Hierom. on Mal. Saltem Judaeorum imitemur exordia, ut pauperibus partem demus ex toto: & Sacerdotibus & Levitis Honorem debitum et decimas referamus, De ſua particula (not the Miniſters) Pauperibus miniſtrare; And the Engliſh Synod of Calchuth, An. 786. with Capitularia Caroli Magni, l. 6. c. 29. moſt diſtinctly; Decimas ex omnibus fructibus & pecoribus terrae annis ſingulis ad Eccleſias reddant Et De novem partibus que remanſerint eleemoſynas facient. So as there is nothing in Scripture or Antiquity rightly underſtood to prove Tithes to be pure Alms, as ſome have erroniouſly fancied.

The ſecond ground of this Opinion, that Tithes were Free and pure Alms, was the frequent Grants, Donations and Conſecrations of Tithes and Portions of Tithes by ſeveral Lords of Mannors and Lands by ſpecial Charters yet extant, recited in Mr. aaP. 299, 304, 306, 312, 314, 315, 316, 317, 331, 333, 336, 337, 341, 345, 346, 371. and elſewhere. Dr. Tilleſley his Animadverſions on Mr. Selden, c. 11, 12, 13. Littleton, chap. 6. F…ankalmoign and Cooks Inſtitutes thereon: Petrus Damianus, l. 2. Epiſt. 14. Vt copioſiora in paupere… alimenta perficiant, dantur in Monaſteriis & Eremitis DECIMAE Quorumcumque proventuum, &c.Seldens Hiſtory of Tithes between the year of our Lord 1060. and 1250. (in the darkeſt times of Popiſh Superſtition) to Abbies, Monks, Friers, Nunnes, and Religious Houſes in eleemoſynam pauperum; in liberam puram et perpetuam eleemoſynam; to be diſtributed by theſe Monks, or their Almoners to the uſe of the Poor Pilgrims, Strangers, Widows, and Orphans, in general, at their diſcretion, or particularly of ſuch and ſuch Pariſhes; and they ſuppoſing the Monks to be moſt charitable to diſtribute them to the Poor; moſt of which Grants or all were made by the conſents of the Biſhops of the Dioceſs and confirmed p. 74by them, and many of them with the Aſſents of the Patrons and Encumbents of the Churches. And ſometimes whole Churches with their Tithes were thus granted and impropriated to Monaſteries and Monks, In jure perpetual Frankalmoigne, to the ſtarving of the peoples Souls, to pray for their Patrons when deceaſed, and ſeed the Bodies of the Poor without their Souls; whence all or moſt of our Appropriations and Impropriations really ſprang, to the great prejudice of Ministers maintenance, and Pariſhioners Souls. Upon this ground aaSee Mr. Seldens Hiſtory of Tithes, c. 7. ſect. 4. p. 165, 166, &c,many Monks and Mendicant Fryers who were no part of the ordained Miniſtry, (juſt like our vagrant Anabaptiſtical and unordained Sectarian Predicants now) to rob the Miniſters and moſt Prieſts of all their Tithes, engroſs them into their own hands and diſpoſal to enrich themſelves and their Monaſteries, everie where cryed up tithes to be Pure Almes, which everie man might beſtow where he pleaſed, and that themſelves (having renounced the world, and vowed Povertie) were fitter to receive and diſpence them than the Secular Pariſh-Prieſts; and made this Doctrine a very gainfull Trade, whereby they got moſt of the beſt Benefices of England, and a bbInnocent 3. Epiſt. Decret. l. 1. p. 203. l. 2. p. 410. Extrav. Tit. De Decimis, c. 3. Ex multis.great part of the Tithes into their own Poſſeſsion, to the great prejudice of the Church. And not content herewith, the Premonſtratenſes and other Orders procured a Bull from Pope Innocent the 3d. about the year 1210. to exempt all their Lands which themſelves manured, and all their Meadows, Woods, Fiſh-ponds, from paying any Tithes at all to Pariſh-Prieſts or others; That they might beſtow them in Alms, or on the poor of their Monaſteries, as they had requeſted them from the Pope; as the words of the Bull atteſt: After which they invented other Bulls (condemned in our Parliament by a ſpecial Act) to exempt their Tenants likewiſe from paying Tithes, under the ſame pretext. And this is the true ground and original of that Monkiſh opinion, That Tithes were pure Alms, and that men might give them to whom they pleaſed: Which grant of tithes to Monaſteries, Monks, and exemptions of their Lands from paying them, upon pretext of giving them in Alms, to the great prejudice of the Miniſters (perdenda Baſilica ſine plebibus, Plebes ſine Sacerdotibus, Sacerdotes ſine reverentia, & ſine Chriſto denique Christiani, Bernard Epiſt. 240.) was ſeverely p. 75cenſured and ſharply declaimed againſt by St. Bernard and Hugo Partimacenſis, Epiſt. ad Abbatum & Conventum Nantire Monaſterii after Ivo. his Epiſtles, p. 245. (a moſt excellent Epiſtle againſt this practice) The Council of Vienna, An. 1340. Joannis Sarisburiencis, De Nugis Curialium, l. 7. c. 21. Petrus Bleſenſis, Epiſt. 82. Petrus Clamianenſis, Epiſt. l. 1. Epiſt. 33. And the Monkiſh Aſſertors of this Doctrine, that Tithes were pure Alms, and diſpoſable to whom the people would; were by aaAd Extr. Ti…. de Parach. c. ult. Mr. Seldens Hiſtory of Tithes, p. 166, 168.Pope Innocent the 4th. ſtiled and cenſured in theſe terms, Iſti Novi Magiſtrique dicent & praedicant contra Novum et Vetus Teſtamentum: yea Richard Archbiſhop of Armaugh complained much againſt theſe greedy unconſcionable Monks in his Defenſorium Curatorum, for poſſeſſing the people with this opinion, That the command of Tithes was not moral, but only ceremonial, and not to be performed by conſtraint of Conſciences to the Miniſters and Curates, and that what Lands or Goods ſoever were given by any of the four orders of Mendicants ought to be exempted from paying Tithes to Miniſters in point of Conſcience; which he refutes; from theſe Monks John Wickliff, Walter Brute, and William Thorp (living in that blind Age) took up their opinion: That Tithes were pure Alms, and that the people might give them to whom they pleaſe, if they were Godly Preachers; and their Pariſh Prieſt, lazy, proud, and wicked, which opinion of Wickliff was refuted by bbDoctrinal. Fidei Tom. 1. l. 2. Artic. 3. c. 64, 65.Thomas Waldenſis as erronious, and condemned in the Council of Conſtance. This I have the longer inſiſted on, to ſhew how Canne and the reſt of our Anabaptistical Tithe-Oppugners, revive only theſe old greedy Monks, Friers Tenents and practices for their own private ends and lucre; to wreſt our Miniſters Tithes from them into their own hands or diſpoſing, and exempt their own Lands and Eſtates from paying Tithes, that ſo we may have Churches without people, People without Miniſters, Miniſters without due reverence, and finally Chriſtians without Chriſt; asaaEpiſt. 240. Bernard writes they then had by this Monkiſh Sacrilegious Doctrine and practice.

The fourth Objection (much inſiſted on as I hear) againſt our coercive Laws and Ordinances for Miniſters Tithes,Object 4. is this common Miſtake, That the payment of Tithes to Miniſters as a Parochial Right and Due, was firſt ſetled by the Popiſh p. 76Council of Lateran, under Pope Innocent the 3d. An. 1215. before which every man might freely give his Tithes, to what Perſons or Churches he pleaſed; Therefore it is moſt unjuſt, unreaſonable to deprive men of this liberty, and enforce them to pay Tithes to their Miniſters now by …uch Laws and Ordinances.

I anſwer, That this is a moſt groſs Miſtake of ſome ignorant bb7 E. 3. f. 5. 44 E. 3. f. 5. 10 H. 7. f. 18.7. 6 Dyer 84.8. Cook 2 Report, f. 44. b.Lawyers, and John ccVoyce, p. 13.Canne; For in the Canons of this Council, there is not one ſyllable tending to this purpoſe, as I noted above 20 years ſince out of Binius and Surius in the Margin of Sir Edward Cooks 2. Reports, fol. 446. where it is aſſerted; which error he expreſly retracts in his 2d. Inſtitutes on Magna Charta, ddSurius Concil. Tom. 3. p. 751.f. 641. The words of the Council, Can. 56. Plerique (ſcut excipimus Regulares, & Clerici Seculares interdum) dum Domos locant vel Feuda concedum in Prejudicium Parochialium Eccleſiarum, pactum adjiciunt; ut Conductores & Feudatorii Decimas eis ſolvant, & apud eoſdem elegant Supremam: Cum autem id ex avaritie radice procedat, pactum hujuſmodi penitus reprobamus: Statuentes, ut quicquid fuerit ratione hujuſmodi pacti praeceptum, Ecclesiae Parochiali reddatur.

By which Conſtitution it is apparent, Firſt, that Pariſh Prieſts and Churches, had a juſt Parochial Right to the Pariſhioners Tithes within their Precincts before this Council, elſe they would not have awarded reſtitution to them of the Tithes received; and that they had ſo ordered and decreed it by ſundry Councils and Civil laws ſome hundreds of years before, is apparant by the 2. Council of Cavailon under Charles the Great, An. 813. Can. 19. Synodus Ticimenſis under Lewis the 2d. An. 855. The Council of Mentz under the Emperour Arnulph, An. 894. Can. 3. The Council of Fliburg, An. 895. Can. 14. The Decree of Pope Leo the 4th. (attributed to Gelaſius by ſome) about the year 850. The Council of Wormes and Mentz (about that time or before) cited by Gratian, Cauſ. 16. qu. 1. The Council of Claremont under Pope Ʋrban, An. 1095. (theſe abroad) and at home in England, The Eccleſiaſtical Laws of King Edgar, An. 967. c. 1, 2. The Council of Eauham under King Edgar, An. 1010. and his Laws near that time, c. 14. and the Council p. 77of London under Archbiſhop Hubert, An. 1200. (15 years before this of Lateran.) All which enjoyn the people to pay their Tithes to their own Mother-Churches where they heard divine Service, and received the Sacraments, and not to other Churches or Chapels at their pleaſures, unleſs by conſent of the Mother-Churches. Hence Petrus Bleſenſis Archdeacon of Bath, about the year 1170. (45. years before the Council of Lateran) in his 62. Epiſtle writes thus to the Praemonſtraticatian Monks, who procured an Exemption from paying Tithes out of their Lands, That their Lands were obnoxious to Tithes, before they became theirs, and were paid hitherto, not with reſpect of Perſons, ſed ratione Territorii: but by reaſon of the Territory and Pariſh Precincts. And Pope Innocent the 3d. his Decree dated from Lateran, An. 1200. (miſtaken for the Council of Lateran) cited in Cooks 2 Inſtit. p. 641. was but in confirmation of theſe precedent Authorities.

2ly. The abuſes complained againſt and reformed by this Council, was not the lay Pariſhioners giving away of their Tithes from their own Miniſters and Pariſh-Churches at their pleaſures (not a word of this) but a New minted practice of moſt covetous Monks, Religious Houſes, and ſome ſecular Clerks, to rob the Pariſh-Churches and Miniſters of all the Tithes of the lands held of them, by compelling their Tenants and Leſſees by ſpecial covenants in their Leaſes and Bonds, to pay their Tithes ariſing out of their Lands, only to themſelves and their Monaſteries: not to their Pariſh Churches as formerly; which the Pope and this great General Council reſolve, to proceed merely from the root of Covetouſneſs, (let Canne and his Comrades obſerve it, who pretend Conſcience to be the ground) whereupon they condemn, reform, this practice, null the Covenants, Bonds, Deformations, and decreed Reſtitution of all profits by theſe Frauds to the Pariſh-Churches. And was not this a juſt, righteous and conſcionable Decree, rather than an Antichriſtian and Papal, as Canne Magiſterially cenſures it?

3ly. Admit the Parochial Right of Tithes firſt ſetled in and by this Council (which is falſe) yet being a right eſtabliſhed at 438. years ſince, confirmed by conſtant uſe, Cuſtom, Practice ever ſince allowed by the Common law of England, p. 78ratified by the Great Charter of England, ch. 1. with ſundry other aaSee Raſtals Abridgement, Title Tithes, and the Ordinances for Tithes. Lindwood, provinc. Conſtit. l. 3. Tit. De Decimis. Mr. Seldens Hiſtory of Tithes, ch. 8.S…atutes, Acts of Parliament, Canons of our Councils and Convocations; and approved by all our Parliaments ever ſince, as moſt juſt, expedient, neceſſary: Yea ſetled on our Pariſh Churches by bbSee Mr. Seldens Hiſtory of Tithes, p. 320, 322, 338, 346, 350.original Grants of our Anceſtors for them, their Heirs and Aſsigns for ever, with general warranties againſt all men, with ſpecial Execrations and Anathemaes denounced againſt all ſuch who ſhould detain or ſubſtract them from God and the Church, to whom they conſecrated them for ever; and that as ſacred Tribute reſerved, commanded by God himſelf, in the Old and New Teſtament as a badge of his Vniverſal Dominion over them and their Poſſeſſions, held of him as Supream Landlord; as theccHoveden Annal. pars poſterior, p. 828. Lindwood, Provinc. Conſtit. l. 3. Tit. De Decimis. Council of London under Archbiſhop Hubert, in the 2d. year of King John, with another Council under Archbiſhop Replain, 3 E. 3. The Council under Archbiſhop Stratford with others reſolve. There neither is nor can be the leaſt pretext of Iuſtice, Reaſon, Prudence, Law or Conſcience for any Grandets in preſent Power, by force or fraud, to Null, Repeal, Alter this Antient Right and unquestionable Title of our Miniſters to them now; and ſet every man looſe to pay no Tithes at all, or to diſpoſe of them how and to whom they will at their pleaſure, to deſtroy our Churches, Miniſters, Pariſhes, and breed nothing but Quarrels and Confuſions in every place and Pariſh at this preſent, when all had now need to dd1 Theſſ. 4.11.1 Thess 4:11ſtudy to be quiet, and to do their own Buſineſs ; and not to diſturb all our Miniſters and others Rights without any lawfull call from God or the Nation. Which unparalleld incroachment on our Miniſters and Pariſh-Churches Rights, if once admitted, countenanced, all the people in the Nation by better right and reaſon may pull down all the Fences and Incloſures of Fields, Forests, or Commons made ſince this Council; deny, ſubſtract all Customs, Impoſitions, Duties, Rents, Payments publick or private impoſed on, or reſerved from them ſince that time by publick Laws, or ſpecial Contracts, and pay all their Rents, Customs, and Tenure-Services, to whom and when they pleaſe; which our Grandy late Army-Purchaſors of Kings, Queens, Princes, Biſhops, Deans and Chapters Lands, with other Oppoſers of Tithes may do well to conſider for p. 79their own Advantage and Security, their Titles to them being very puny, crazy, diſputable, in compariſon of our Miniſters to their Tithes.

Now whereas aaHiſt. Angl. p. 4.Thomas Walſingham, Randal Higden a Monk of Cheſter in his Polichronicon, and Henry Abbot of Leyceſter write; that the general Council of Lyons (in France) under Pope Gregory the tenth, An. 1274. Decreed; (what others ignorantly attribute to the Council of Lateran aforeſaid, An, 1215.) Ʋt nulli homini deinceps liceat decimas ſuas ad libitum, ut antea, liceat aſſignare, ſed matrici eccleſiae omnes decimas perſolverent: Which ſeems to imply, that before this Council every man might give his Tithes from the Mother Church to whom he pleaſed, notwithſtanding the Council of Lateran and Innocents Decrees.

I anſwer, 1. That there was no ſuch Canon made in this Council, as theſe ignorant Monks miſtake, which is undeniable by the Acts and Canons of this Council, printed at large in Binius, Surius, and other Collectors of Councils; but only one Canon, againſt Clergy-mens alienation of the Revenues of the Church; and another againſt the Ʋſurpation of the Churches Revenues by Patrons in time of their vacancy: which have no affinity with that they mention; which if true, then that which Canne and others object, that the Council of Lateran made this Inhibition, and took away this Liberty of diſpoſing Tithes at pleaſure from the Pariſhioners, is falſe, as I have proved it.

Secondly, That from this miſtake of theſe Monks it was (as Mr. bbHiſtory of Tithes, ch. 7. p. 147, 148.Selden probably conjectures) that William Thorp ignorantly affirmed, that one Pope Gregory the tenth firſt ordained new Tithes firſt to be given to Prieſts now in the new Law. John Canne to manifeſt his great Ignorance both in Hiſtory and Chronologie, in his Second Voice from the Temple, p. 13, 14. Writes thus. Before the Council of Lateran, which was under Innocent the third, any man might have paid his Tithes to any Eccleſiaſtical perſon he pleaſed; but by that Council it was decreed, That Tithes ſhould be paid to the Parochial Prieſt: (which I have proved a groſſe Forgerie) and then he addes, William Thorp ſaith, That Pope Gregory the tenth, was the first, that ordained Tithes to be paid to p. 80Prieſts, in the year 1211. Fox, p. 494. Wherein, 1. He miſ-recites Thorps words, who ſpeaks not of Tithes in general, but only of New Tithes: not antiently paid by the Jews, nor preſcribed to them by God. And is this ſquare dealing? 2ly. He ſubjoyns the time (which Thorp and Maſter Fox do not,) referring this Decree of Gregory the tenth, to the year 1211. which was four years before the Council of Lateran, by his own Confeſſion and falls within the Popedom of Innocent the third, and is no leſs than 63. years before the Council of Lyons under Gregory the Xth. and his Papacy; there being no leſs than ſeven Popes intervening between this Innocent and Gregory, as Platina, Onuphrius, in their Hiſtories of Popes lives, and Binius, Spondanus, Oxenetius, Matthew Weſtminſter, the Centuries of Magdenburg, Mr. Fox himſelf and Heylin affirm. And moſt certain it is, that neither this Pope Gregory, nor the Council of Lyons under him, nor of Lateran under Innocent, made any ſuch Decrees concerning Tithes, as Canne here boldly aſſerts; and with theſe two Forgeries, he moſt impudently concludes, The payment of Tithes is Popiſh, nothing more certain, (when as nothing is more falſe or fabulous) and ſo within the 2d. Article of the Covenant of the two Nations (nothing more untrue, both in the intentions and explanations of the Makers and Takers of that Covenant, as their ſeveral Ordinances for Tithes both before and after it demonſtrate) which many have ſworn (not he nor his Conſederates, or elſe perjured with a Witneſs, if they have done it, in every clauſe thereof) to endeavour the extirpation of Superſtition and all kind of Popery, (therefore of all Monkiſh, Popiſh Subſtractions of, and exemptions from payment of Tithes to their Parochial Miniſters fore-recited, invented, granted by Popes, and real Popery) And therefore as it is a caſe of Conſcience (for thoſe who have taken the Covenant to pay Tithes, not for any man whatſoever, eſpecially Covenanters to retain them) ſo men ought to be carefull either how they preſs it, or practiſe it. So this Father of Lyes and Forgeries concludes againſt all Truth and Conſcience, and dares aver to thoſe he ſtiles, (let himſelf determine QUO JURE) The Supream Authority of the Nation, The Parliament of the Commonwealth p. 81wealth of England, to engage them ſacrilegiouſly to rob all our Miniſters both of their Rectories, Tithes, Miniſtry at once; to ſtarve and famiſh (they are his own uncharitable Anabaptiſtical words, p. 1, 2.) Theſe Antichriſtian Idols, which if they neglect ſpeedily to do, he more than intimates (in his Epiſtle to them, and let them and all others obſerve it) the Lord (you may gueſs whom he means) ſhall lay them aſide, as deſpiſed broken Idols and Veſſels in whom his Soul hath no pleaſure: like thoſe who ſate there before them : juſt John of Leydens Doctrine and practice.

It is ſtoried of Sacrilegious Philip of Macedon (by aaHiſt. l. 16, 17. Dr. Uſher Annales Eccleſ. Veteris Teſtam p. 516, 525.Polybius and others) In aras et templa ſaeviit, ipſos etiam Lapides infringens, ne deſtructas aedes posthac reſtitui poſſint, and that to raiſe monies to pay his all-devouring Army; and of Dicaearchus (his Atheiſtical General, as impious as his Soveraign) that returning victoriouſly from Sea, he built two Altars, one to Impiety, the other to Iniquity, and ſacrificed to them as to Gods. Certainly bbVoyce from the Temple, Epiſt. Ded. & p. 23. If they were razed to the Ground IT WOVLD DO WELL.John Canne, who would have all our Churches razed to the ground, and not a ſtone of them left upon a ſtone unthrown down, that they might never be built again, (the true Voyce of a Son of Edom and ccPſal. 137.7, 8.Ps 137:7Ps 137:8Babylon) and all our Miniſters Rectories, Tithes, Food and Maintenance, whereby they are fed and kept alive, taken away by the Magistrates, (and that to maintain the Army and Souldiers, as ſome deſign) would be a very fit Chaplain for ſuch a Sacrilegious King and General; and a fit Prieſt or Miniſter for theſe two infernal Deities of Impiety and Iniquity, the only Gods, which too many pretended Saints and Anabaptists really ſerve, worſhip in their practice. But let Canne with all his impious, unrighteous, ſeduced Diſciples, Patrons, remember that Bleſſing which dying Moſes, that man of God, (a better Preſident, General for Chriſtians to follow, than theſe Pagan Atheiſts) beſtowed on the tribe of Levi (aaAs is evident by compa…ing it with Iſay 56.6, 7, 8. c. 61.1, to 11. c. 66.18, to 24. Jer. 33.15, to the end.Isa 56:6Isa 56:7Isa 56:8Jer 33:15 extending to all true Miniſters of the Goſpel now) with his bitter imprecation againſt all who invaded their Subſtance, Function, or riſe up againſt their Office, recorded thus for their ſhame and terror, Deuter. 33.1, 8, 9, 10, 11. This is the Bleſſing wherewith Moſes the MAN OF GOD bleſſed the Children of Iſrael before his death. And of Levi he ſaid, Let thy p. 82Ʋrim and thy Thummim be with thy holy one: for they have obſerved thy word, and kept thy Covenant. They ſhall (or let them) teach Jacob thy Judgements, and Iſrael thy Law: They ſhall put Incenſe before thee, and whole burnt Sacrifice upon thine Altar. Bleſſe O Lord his Subſtance, and accept the Work of his hands: Smite through the Loyns of them that riſe up againſt him, and of them that hate him, that they riſe not again. Which I ſhall recommend to John Canne for his next Text, when he preacheth before his Fraternity of Anabaptistical Tithe-Oppugners, and Church-Robbers; to all injurious Subſtracters of their Miniſters Tithes, and profeſſed Enemies to their Calling. And ſo much for the third Propoſition.