to the Lessors and Farmers of Tithes to the incumbents and people and that the moving of such Novelties might occasion great Troubles and 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 one 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 Parliament 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 that no Lay-man by our Laws can prescribe to be exempled 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 Constitutionum Sicularum l. 1. tit 7. Lex 1. which runs thus Quamò 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 Tith-Oppugners observe it tanâ—i in Ecclesia Dei petidatior redditur quanâ—ò Decimalis obligatio de bonis hominum A DAMNO REPUTATUR Officialibus nostris universis singulis praesentis Legis auctoritato 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 praeeminenti culmine constituti quantum sine injuria Regalium possumus tollerare ECCLESIARUM JURA praesertim earum quae in Regno consistunt 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 Gulielni tempore praestituerunt vener abilibus locis Quibus Decimae istae debentur cum integritate persolvant To which I shall only adde That 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 suerit 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 Quasi 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 praecipiat
them with such wilfull obstinacy that many of them chuse rather to lye in prison upon mean Processe or Executions than set out or pay their TITHES or appear to Actions brought for their recovery and now combine with the Anabaptists and other sectaries in fresh Petitions and Prosecutions both against TITHES and Ministers endeavoring their total and final Extirpation by the power of their Confederates in the Army and Westminster Juncto sodainly called in again and owned by them as a Parliament after their former six years seclusion to accomplish this their design and root our Law and Gospel Lawyers and Ministers together as their fresh Petitions Addresses to them for that purpose clearly demonstrate beyond contradiction Which occasioned this publication after so long a suspension thereof An Appendix to the Second Chapter further clearing the Divine Right of Ministers Tithes THe Divine Right of Ministers Maintenance by TITHES asserted in the former Printed Part of my Gospel-Plea c. for the Lawfulnesse and continuance of the antient setled Maintenance and TITHES of the Ministers of the Gospel may be thus further evinced demonstrated confirmed 1. It is the Opinion of Learned Petrus Cunaeus and Dr. Griffith Williams his transcriber That Melchisedec Priest of the most high God to whom Abraham the father of the Faithful GAVE TITHES OF ALL Gen. 14. 20. Hebr. 7. 1. to 15. was in truth none other but Jesus Christ the Sonne of God then personally meeting him in the form of a man which he then assumed though not that very body or flesh begotten and born of the Virgin Mary which he long after took upon him when he was incarnate and conversed upon Earth That Abraham then gave him TITHES OF ALL as perceiving under that visible form an invisible Deity and everlasting Priesthood to subsist to whom Tithes originally are only due eternally due because he is and continues for ever an everlasting Priest That our Saviours own words John 8. 58. Abraham rejoyced to see my day and he saw it as well with the eyes of his body by this special apparition of Christ then meeting and blessing him as a Priest of the most high God at that time as with the eye of his faith and was glad do warrant this their opinion That Melchisedec was no other than Jesus Christ himself which they sortify with 7. strong unanswerable Arguments in the opinions of many from whence if granted it will inevitably follow That TITHES are more truly and properly Evangelical than Ceremonial or Judaical because thus originally given and paid to Christ himself the everlasting Head King High Priest of the Church by Abraham the Common Head and Father of all the Faithfull as well Gentiles as Jewes out of the prevision of his Incarnation in reference to his Everlasting Priesthood as an honorary Portion Tribute Salary of right belonging and annexed to his Priesthood Hebr. 7. 1. to 15. Gen. 14. 18 19 20. which Priestly office was principally to be executed compleated upon Earth and in Heaven by Christs subsequent Incarnation Passion Sacrifice of himself upon the Crosse Resurrection Ascension into Heaven and perpetual Intercession at Gods right hand for all his elect both as God and Man especially in relation to the Gentiles not generally called converted to the faith till after his Incarnation and Ascension Therefore by necessary consequence all Christians and believing Gentiles under the Gospel have altogether if not farre greater yet at leastwise as great as strong a reason ground obligation enforcement chearfully thankfully conscientiously to render TITHES of all they have to Christ for the use of his Ministers instruction edification of his Church and compleating of his body since his Incarnation and investiture in his everlasting Priesthood for their eternall welfare as Abraham or the Israelites had to render him or the Levitical Priests who typified him and attended on his service so long before his Incarnation and Priesthood fully compleated in all its parts and Offices Jesus Christ being THE SAME YESTERDAY AND TO DAY AND FOR EVER Hebr. 13. 8. and as much if not farre more in some respects a Priest of the most high God to all believing Gentiles Christians since his Incarnation Passion Ascension as he was to Abraham and the Jews before them God since his Resurrection sending him to blesse us in turning every of us from our Iniquities as well as them Acts. 3. 25 26. compared with Acts 10. 42 45 47. ch 11. 1. to 20. Wherefore those ingrate avaritious unconscionable Christians of this degenerous age who obstinately or maliclously refuse to render unto Christ their only High-Priest who sacrificed himself to God and shed his most precious blood for them on the Crosse to redeem their Soules from everlasting Damnation and purchase an eternal Crown of glory for them in Heaven where he continually makes intercession for them executing his Priestly Office for their Salvation the tithes of all their increase as a just Appurtenance to his everlasting Priesthood condemning them as Jewish Antichristian unfit or too much for him as the High Priest and Prophet of his Church to enjoy or for the faithfull Ministers of the Gospel in his Name or Right to receive who spend all their studies labours lives in Christs service in the Declaration Publication Application of the benefits of Christs Priesthood Passion Gospell to them and others for the eternal salvation of their souls are certainly none of the spiritual Sons or seed of faithfull Abraham who gave him Tithes of all and do either repute Christs everlasting Priesthood a mere Fable or set a far lower rate upon it the Ministry of the Gospel and their own most precious Souls than they do upon their detained Tithes and so can expect little benefit from Christs Person or Priesthood which they so much undervalue and sacrilegiously defraud of so antient a duty 2ly There is one Notable considerable circumstance of time in Abrahams payment of Tithes of all to Christ the true Melchisedec not formerly observed or pressed by any I have seen which in my opinion unanswerably proves that this President of his most principally respected related to the believing Gentiles and Christians under the Gospel and as strongly obligeth them his true spiritual seed to the due payment of Tithes to Christ and his Ministers now as ever it did the Jews his natural Posterity to pay Tithes to their Priests and Levites under the Law if not more firmly Namely that he thus paid Tithes to Christ some good space before Circumcision instituted whiles he was yet uncircumcised as is most evident by comparing Gen. 14. 18 19 20. with Gen. 17. 1 10 to 15. Now as the Apostle thus firmly and Evangelically argues from this very circumstance of time in the point of Abrahams justification by Faith whiles he was yet uncircumcised as presidential exemplary obligatory to all believing Gentiles and spiritual Sons of Abraham under the Gospel who are
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 trabunt those who will not willingly pay their Tiths must and ought to be compelled thereunto by penal Statutes The second Objection is That the payment of Tithes is against many mens Judgements and Consciences Therefore it is both Vnchristian Tyrannical and Vnjust to enforce them thereunto I answer 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 leâ—â—t pretence of Conscience for the non-payment of them Therefore this pretext of Conscience is in truth nought else but most desperate Vnconsciâ—nableness 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 annual 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 Covernours Liberties Peace Elections Trials the Great Charters of England foment Hereâ—ies 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 the 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 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 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 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 of thinâ— 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