time his Waggon is loaded it is night c. The Tythe-payer saith he must manure his ground and turns in his Cattel which spoil the tythe this is usual enquire at Pluckly in Kent c. 7 The wicked Tythe-payers to cover their own sin and shame use to encourage the poor people Gleaners and others to steal tythe-corn and they see it nod and laugh at c. whereby and by other causes it is now grown to that pass that Tythe-robbing is made a sport off And not only Tythe-payers but other people become Tythe-stealers so that we are forced to watch our tythe day and night after it is set out One neer me was taken in the night by a Farmer who saw him bundle up wheat-sheaves and having them on his back the Farmer came to him and laid hold on him and said it was his corn The thief answered By my troth I thought it was a tythe-shock for it stood alone else I would not have toucht it for 100 pounds And the false doctrine and practice against this setled maintenance hath so far prevailed that people do openly call those that gather the Tythes thieves and Rogues and say that they go thieving about to take mens corn c. Thus we see into what times we are fallen wherein wickedness is so advanced by doctrine and practice that light is called darkness and darkness is called light honest men are called thieves and thieves are justified And as the frauds and wrongs are used where tythes are paid in kinde so it is where there is a rate a world of fraud in that also besides refusal delay to pay it without law The fraud is in the concealment of the number of acres the Landlords rent is for so many acres and so many acres there are But the Tythe-payers have a trick to case themselves in Taxes to the State to the Poor to the Church c. and to cheat the Minister There is one number in the Seff-book an other in truth and in the Land-lords Lease And in bargaines for things tytheable as wood fruit c. the true price is concealed and thereby the Minister defrauded These are the common frauds used and daily practised against Ministers as daily experience wofull experience deere bought experience hath taught thousands of Ministers and Impropriators who have paid very deare for their learning of this Art called Tything-craft which since the Ecclesiastical Court hath ceased hath been much improved by impunity all the Nation over through defect of law to restrain and punish these frauds But it will be objected that these frauds are not invited or caused for want of law For by Law which is the mother of justice the tythe-payer is to prove that he hath justly and truly set out and left his tythe without fraud or guile And therefore all these tricks will not gain him any thing if he be sued and made prove his tythe to be so set out and left and if he fail in that it will be a gain to the Minister who shall recover treble damages To this I answer first that if the Tythe-payer did not intend to defraud why doth he use these or some of these tricks to conceale his unjust manner of tything c. They that meane truly and justly will as much as in them lies provide things honest in the sight of all men He that doth evill hates the light that tithe-payer that of purpose endeavoureth to decline the seeing his tythe set out by the tythe-receiver is justly to be suspected and daily experience proves them fraudulent 2 That proof never fails the Tythe-payer though the tythes were never so unjustly set out and left Ignorant and profane Atheists or malicious Enemies to the Minister are they that are the cheife witnesses against the Minister one that will trangresse for a morsel of bread that will swear any thing to please his master or neighbour And they that are instruments of the Tythe-payers thievery and help load and carry away the stolen tythe they that are actors in the theft and gainers by it shall be witnesses for the Grand-thief Ask my fellow if I be a thief Will not such sonnes servants and neighbours witnesse for the justification of the wicked Tythe-payer the principall occupier of the lands and who can disprove them seeing all was done in the Tythe-receivers absence and some tythes left for him 3 For the treble damages If the tythe be not wholly deteined or carried away there is seldome or never any proof of the true value of the tythes substracted the which Tythe-receiver must prove the value of that which his servants never saw and who can sweare the number of acres without seeing them measured So that for want of proof the treble damages if any be conjectured come farre short of the true single value of the defrauded tythes 4 For further answer suppose the Tythe-payers in a Parish be a hundred or two as more there are in some Parishes suppose it be most apparent that they have not left their tythes truly set out in the tythe-receivers absence but no direct proof of the matter of fact on the Tythe-receivers part Now the minister or other Tythe-receiver must either set down with this losse or have suits of Law against two hundred persons to make them prove their just tything according to Law In Equiry Courts the Tythe-payer will sweare any thing in his answer He that makes no conscience to be a thief will make no bones to sweare falsely If triall at Law the witnesses are commonly as you have heard This is a sad streight a minister is in either to lose his tythes and be undone that way or to be a greater loser in paying costs also he not being able to prove a Negative 5 And for final answer if it could be proved against an hundred Tythe-payers that every one of them had substracted their tythes to the value of 20 s. it were better for the tythe-receiver to lose this 100 l. then to sue at law for it For though the Law gives the wronged Tythe-receiver treble damages yet it hath proved a damage to the Tythe-receiver to right himselfe by the Statute of treble damages For that the costs are alwayes included in the damages so that the costs in journeys Law-fees c. in every one of these hundred suites will come to more in value then the treble damages which are given him That in the end it will appear that it had beene better for him to have lost his hundred pounds in tythes then to have sued for it unlesse a Law be made for treble costs as well as for treble damages CHAP. II. ANd the frauds in tything and oppression thereby are not only occasioned by the defect of the Lawes for tythes but through defect of Justice also I mean execution of Justice according to the Laws that are now in being The Preamble of the Ordinance of Parliament for tythes made in the year 1644 mentions that the Ecclesiasticall Lawes and Courts being
down many take liberty thereupon to with-hold their tythes and duties And to supply that defect that Ordinance was made for Justices of Peace to relieve those that were wronged in their tythes yet many Justices of Peace have and doe utterly refuse to act for the relief of oppressed Ministers by vertue of that Ordinance some of them judge the setled Ministers of the Church of England to be no Ministers or Antichristian ones or they are against tythes and all setled Maintenance of Ministers as Antichristian unlawful c. Yet their eares are open to heare complaints against Ministers some of those Justices have yeilded to act for Ministers as wronged men but not as Ministers for sooth not as wronged Ministers And some Justices will give summons for witnesses according to that Ordinance but the witnesses not appearing they refuse to proceed further to inforce the witnesses to appear alledging that the Ordinance is only for summoning of witnesses And to my knowledg upon this occasion the Minister hath lost all And the Justice refuse to act by that Ordinance for Ministers in sequestred livings because the Ordinance that made such Ministers capable of reliefe by that fundamental Ordinance is expired And Justices that did act by that Ordinance before the first Parliament was dissolved do refuse to act any further thereupon alledging that only Acts of Parliament are in force after the dissolution of Parliaments and that Ordinances are in force in Parliament time onely And although there were some reliefe for oppressed Ministers by the Honourable Committee for plundred Ministers especially for those in Sequestred Livings yet not one farthing cost allowed after great charges in journeyes counsel Solicitors orders c. I heard a godly Minister of London say that if a hundred substracted their dues yet he could summon but six at once to that Committee and that if those six owed 405 The one halfe of that was expended in law charges I heard a Notorious defrauder of his Minister say to the Minister openly in the streets as he rode by him Looke how the Priests horse eares lowle he goes so often to London and can get nothing The want of justice and of conscience in Juries is a very great cause of these wrongs done to Ministers and other Tythe-receivers There is a crying president of this at Sandwich in Kent of a verdict given against a poor Minister against Law and Evidence I heard no mean Member of the Court say he would not be in their case for a thousand pounds and I reproving one of the Jury for that unjust verdict his only answer was that the Minister should have no tythes though it cost him a hundred pounds I pitty the poor Minister who is not able to relieve himselfe But I wonder not that blinde zeale against the cause of tythe should carry any to such wayes of oppression And I know the great tythe-stealer of East-Kent got at least 40 pound cleere by a verdict at Maidstone Affizes in Kent and many other examples there are of this kinde and in other cases touching illegall verdicts Such Juries in these dayes especially presume to be Judges not only of the fact but of law it selfe making themselves a Chancery yea doing more then any Chancery Court would practice going contrary to law and equity It is conceived to be high-time to think of some speedy and easie way to bring Juries to a strict and severe accompt for illegall verdicts which are most crying oppressions We shall need no Lawyers nor Lawes nor Parliaments to make Laws if Juries have the Law and equity in their arbitrary power Upon this accompt of defect of Law and Justice in point of Ministers maintenance no man need wonder at the increase of the fraudes and wrongs acted against Ministers in that case Impunity alone begets iniquity much more profitable impunity I have heard some say openly in the Church you may preach but you get no tythes of me but by Law if they be your due come by them by Law They know the length of the foot of the Lawes too well CHAP. III. ANd notwithstanding all these Frauds Wrongs and Oppressions are so notorious in these men Yet they strengthen themselves in their wickednesse Not only through the defect of Law and Justice but wax mad with reason or in reasoning for their wickednesse They justify their covetous wilful malicious unjust practises in this kinde with Cavills and pretended objections against tythes and all setled Maintenance of Ministers with all the subtilty that can be suggested unto them by that old Serpent who changeth himselfe into an Angell of light that he may more plausibly and powerfully by his instruments oppresse the faithfull Ministers of the Gospel enemies to his Kingdome of darknesse and thereby suppresse the Gospel it selfe Those Cavills which I have found suggested to them by others and which I have heard the Tythe-robbers alledge I shall breifly name and answere that those Gain-sayers and doers against truth righteousnesse may be convinced if not by the Law of man yet by the Law of God and of reason and conscience orbe made inexcusable before God and man Cavil 1 The Magistrate did not compel maintenance for Christ and his Apostles Their maintenance was freely given them by believers in obedience to Gods word without compulsion by the coercive Lawes of men Therefore magistrates ought not to inforce Ministers maintenance in tythes or otherwise This Cavill I finde in a Pamphlet published by Mr. Charles Nicholls called the Hue and Crie after the Priests In that book he prints expresly that ministers maintenance setled by the Magistrate is unlawful and none of Christs maintenance And this is no conceit of Charles he hath learned it from the founder of his faction whose positon is That for a Minister to crave any tythes and for any man for all that either Lawes or Magistrates can command to pay any tythes is a sinne that abolisheth from Christ Answ 1 This is an Antichristian doctrine practice in opposing the Christian magistrate in his acting for Christ in supporting his ministers from which Charles and others Pope-like wholly excommunicats the magistrate Such men will not consider of nor put any difference between the Church in persecution under tyrants as in the time of Christ and his Apostles and the Church in prosperity and rest under Christian Magistrates No tythes were paid under persecuting Jeroboam 2. Chron. 11.13 Chap. 13.9 doth it therefore follow that there were none due or to be claimed in setled times in the time of David Solomon Ezechias no tythes in Babylon therefore no tythes after the return from Babylon So though in the times of the Persecution of the Church there were no tythes or setled maintenance established for Christ his Apostles by the Magistrate yet in the after-times of the prosperity of the Church as the Godly Magistrates of old took care for the Maintenance of those that administred
It was one Proposall of the Officers of the Army in August 1652 That the Lawes which are unjust unreasonable should be reformed This is an unjust and unreasonable defect in the recited Statute for prediall tythes paid in kinde that one party should see he hath his owne the other having no power by law to compel the Tythe-payer to let him see he hath his own his tythes Is it not unjust and unreasonable that one party should divide and choose too in the absence of the other party as I have said by law none but the Tythe-payer hath to doe to set out the tythes and may doe it in the Tythe-receivers absence If there were money due to the Tythe-payer or goods to be divided between him and another would the Tythe-payer thinke he were justly dealt with if he were hindered from seeing the money told or the goods divided would he thinke that payment good and put up the money not knowing it were the summe that was due to him Tythes are as due as money upon a Bond The Customers suffer not Merchants to lade or unlade their goods without their knowledge They will know what custome is due for them Wayters are put a board to attend the Custom the Ship-men have no power to shift off those wayters and lookers after Custome and in their absence to convey away their goods and pay what Custome they list The Customers will not leave it to the conscience of those that should pay Custome or leave it to them to accompt and pay what custome they say is due or are ready to prove by witnesses chosen by themselves The Customers have Wayters and Witnesses of their owne to see that no goods be privately conveyed away before the value and dues for Custome are known But this intolerable charge of Tythe-waiters or Lookers after tythes is in vaine or may be in vaine at the pleasure of the Tythe-payers who have by law power in their hands to keepe the Tythe-receiver from seeing what the things tythe-able are and what tythes are due as hath been demonstrated in Chap. 1. At this day in Ireland the Tenant payes two rents for his corne the one is the Land-lords-rent the other Tythe-rent The tenth sheafe is paid for Tythe-rent the third sheafe for Land-lords-rent The Tenant that payes these two Rents puts his corne first into a Reeke or heape in the corne field where it grew and when he carrieth away the reeke or heap to his Hag-yard or Stack-yard He first sends for the Tythe-receiver and Land-lord or their assigne He dares not carry a sheafe out of the field to his house but first they see they have their due They are not sâ—ffered to set cut these Rents themselves or before witnesse of their own providing as in England 2 Proposall It is humbly conceived that Doctor Gauden is a fit man to be consulted with in this case for that he hath published lately a book intituled The Case of the Ministers maintenance by tythes in which he affirmeth That he knows how to make that Maintenance as quiet and casie a Revenue as any in England 3 Proposall That where rates of tythes are paid for land by the acre or for houses The Rate-receiver may sue at Common law and may have power to measure the acres and inforce the Land-lords or Tenants Lease in evidence for who can swear the number of acres but by admeasuring the land 4 Proposall That a Law may be made for treble costs as there is for treble damages for prediall tythes substracted 5 Proposall That Ministers heretofore put into sequestred Livings may be taken into speciall consideration and relieved by law as Incumbents according to the late Ordinance of his Highnes the L. Protector for Ministers that shall hereafter be put into Sequestred Livings according to the Ordinance for the popagation of the Gospel in Wales wherby such Ministers are setled for life as Incumbents c. 6 Proposall That it may not be left arbitrary to Justices of Peace to act or not to act for the reliefe of Ministers in point of their maintenance 7 Proposall It is humbly desired that some Order may be taken how scandalous Parish-Blerks may be proceeded against and removed and others put in their places and receive the ancient dues for some Parishes for their owne ends keepe in bad ones and some Parishes will not chuse or have any such assistant to the Minister and people whereby the publique worship is prejudiced The Parishoners in the meane time keeping to themselves the Ancient established revenue of that assistant And questionlesse to save charges would have no Minister also if it were in their power To conclude I doubt not but the Lord of the Harvest that sends Labourers into his Vine-yard will direct The Higher Powers so to relieve his oppressed Ministers by law justice that they shall no longer cry out of violence and spoile fraud and wrong acted against them for want of Law and Justice But that their maintenance shall no longer no longer be subject to such sharkings and frauds Then will Godly Ministers be incouraged in the worke of the Lord 1 Chron. 31.4 Then will their Labours be sweetned Then will Demetrius Tythe-short and their fellow Crafts-men be confounded when they shall see the hope of their unjust gain is gone Then will the Devils Barns be more empty when the Tythe-robbers shall cease their villanies having no liberty nor opportunity to defraud and steale Then will the peoples causelesse Gospel-hindering contentions with Ministers about their detaining Ministers dues cease when by reason of Law and Justice they shall despaire of impunity and gaine but be certaine of losse by their iniquity which iniquity ceasing contentions about it will cease Then will not Godly Ministers be any longer a Cheating-stocke and thereby a dirision through poverty sordid necessity and contempt thereby Then will they live comfortably and not only be given to Hospitality but be really hospital and be an example to their flocks in works of charity Then may they educate their children liberally and follow their studies and callings quietly and constantly without distraction about maintenance Then there is no doubt but that faithfull Ministers being out of danger of revenge from ungodly people for their faithfulnesse in their Ministery will exercise their Ministery according to duty boldly and impartially without fear or flatery or daubing for filthy lucre and will be free from the bloud of all men And then shall the Present Authority be truly stiled The Minister-protecting and Gospel-propogating Authority to all generations FINIS
LAWLES TYTHE-ROBBERS Discovered Who make Tythe-Revenue a Mock-Mayntenance Being encouraged thereunto by the Defect of Law and Justice about Ministers maintenance and by the Cavills and pretended Objections against it WHICH Defect of Law and Justice is herein fully discovered together with the Frauds and Wrongs occasioned by that Defect that they may be prevented by better Laws and more impartiall Justice now in Parliament-time wherein Remedies have always been most speedy and certain HEREIN The many Cavills and pretended Objections made against Tythes and all setled maintenance of Ministers are recited and confuted Herein also Some Motives to the Higher Powers for speedy relief of Ministers by better Laws Together with Some humble Proposals of means for the rooting out and preventing of those Frauds and Wrongs Seeke judgement relieve the oppressed Esa 1.17 Be not deceived God is not mocked Gal. 6.7 Ex malis moribus bonae nascuntur Leges Imprimatur Edm. Calamy LONDON Printed for Thomas Newbery in Cornhil neer the Royall Exchange 1655. To the Right HONOVRABLE The High Court of Parliament of the Commonwealth of ENGLAND c. Honourable Sirs ALthough the many strong endeavours which have of late been used to take away or unsettle by law the publique maintenance of the setled Ministry of this Nation have hitherto proved abortive yet woful experience tells us that for want of better Lawes for the true payment thereof that maintenance is de facto very much impeached all the Nation over both in City and Countrey to the utter undoing of many Ministers their Wives and Families whose cries are gone up to Heaven of which cries this is but an Eccho For remedy of which crying grievance and oppression the putting of all former Lawes and Ordinances for Tithes in force will not prove a plaister large enough without better Lawes as is herein cleerly demonstrated Two things I conceive will be alledged against the ensuing Discovery The one is that it teacheth men to defraud in Tything But the truth is Tythe-payers as experience shewes in all places are not now to learn any of those fraudulent practices which are grown an Hereditary disease in many Families being propagated from the unrighteous Father to the Son The other Objection against such Tracts as these is That they are but the voice of Covetousness But such cavillers are wilfully ignorant For this cause touching Ministers maintenance is not cause of any private Interest but a cause which God himself by his Prophets and Apostles hath asserted and been zealoâ—â— in as Scripâ—â—â—â—â—heâ— And the Primitive Fathers 〈…〉 of the Church have cried out against such 〈…〉 Ministers maintenance which maintenance hath not onely been asserted by Ministers who may seem to seek themselves this Interest of Religion being mixed with their own Interest But hath been learnedly and zealously asserted by those which have been no Ministers nor Preachers yet men of Renown for godly wisdome in all Ages who against their own private Interest have as their Books declare asserted and pleaded in this cause The Catalogue of their writings I need not rehearse nor tell you how many Worthies have freely given up their estates in Impropriations to advance and increase the liberal and certain maintenance of Ministers by Tythes And for further satisfaction to such as shall say that imputation upon this Discovery I hope they are convinced that Robbed People cannot be justly aspersed with Covetousnesse because they raise a Hue and Cry after Theeves and cry out for Law and Justice against them and give evidence against them to the Magistrate describing their villanies in every Circumstance which is the chief aime of the following Discourse which I humbly present to your Honours wise and favourable Construction And craving pardon for my boldnesse in all submission I remain Your daily Oratour at the Throne of Grace Richard Culmer Lawless Tythe-Robbers discovered c. CHAP. I. THat good Laws have been occasioned by evil manners and that evil manners call for good Laws to suppress and prevent them is an experimental and undeniable truth that the evil manners the unjust fraudulent oppressive practices of Tythe-payers are now more then ever audacious and the violence of their oppressive carriage grown to that height and excesse that it can no longer be endured is known and felt by thousands which wickednes former Law-makers were unacquainted with whose Laws are now out-plodded It is then high-time to detect and set out their wickednesse to the Magistrate that it may be speedily suppressed by good Laws to this end and purpose tends the ensuing Discovery of the Lawless Tythe-robber The only fundamental Law for the true payment of Tythes is as followeth in the Statute of 2 Ed. 6.13 Every of the Kings Subjects shall from hence-forth truly and justly without fraud or guile divide set out yield and pay all manner of their prediall Tythes in their proper kinde as they arise and happen in such manner and form as hath been of right yielded and paid within fourty years next before the making of this Act or of right or custome ought to have been paid and that no person shall from hence-forth take or carry away any such or like Tythes which have been yielded and paid within the said fourty years or of right ought to have been paid in the place or places tytheable of the same before he hath justly divided and set forth for tythe thereof the tenth part of the same or otherwise agreed for the same tythes under the pain of forfeiture of treble value of the tythes so taken or carried away And be it enacted by the Authority aforesaid that at all times whatsoever as often as the said prediall tythes shall be due at the tything time of the same it to be lawfull for every party to whom any of the said tythes ought to be paid or his deputy or servant to view and see their said tythes to be justly and truly set forth and severed from the nine parts and the same quietly to take and carry away Now I shall make it appear that notwithstanding this Law or any other Act or Ordinance founded thereupon The deceitful Tythe-payer hath found out frauds and evasions to make void the true intent of this Lâ—w and without periâ— or damage to cheaâ— the Tythe-receiver For the plain diâ—covery of thesâ— frauds I shall reduce them to three sâ—rts First the craft used before the tythe is set out to keep the Tythe-receiver from seeing his tythes set out that the Tythe-payer may defraud and â—â—eal aâ— he list in the tythe-receivers absence Secondly the crafts they use at the time of Tything Thirdly the frauds they vse after the Tythes are set out First the frauds which unjust Tyth-payers use before any tythe is set out to keep the Tythe-receiver from seeing his tythes justly set out The substance of the recited Law is That the Tythe-payer must set out his tythes truly and justly and that he shall suffer the Tythe-receiver to see his tythe set
meanes of salvation under as able nay under a more able setled ministery without any charge at all Cavill 3 Mr. Charls to prove tythes oppression saith that the Land-lord hath as much rent as the land is worth without tythes therefore tythes are an oppression Answer 1. If any such Land-lord the oppression is from the Land-lord from the Land-lords rent not from the minister or Impropriator or their Rent-charge of tythes of which both the Land-lord and Farmer the Buyer and Seller knew before-hand before they bargained Answer 2. This plainly appeareth to be a quarrel pickt not only against tythes or tythe-rent but against Landlords Land-lords rent I hope I need not cry out to Land-lords to look about them and to look after these levelling Paradoxes which are vented by such fiery spaâ—ks as Charls against them to set all in combustion as heretofore in Germany where at first a quarrell arose about tythes It was affirmed that the paying of tythes could not stand with their Christian Liberty which stayed not there but the next that was opposed was Land-lords rent And Tenants rose up in armes against Land-lords Gentry Ministery So that upon this occasion six hundred thousand were consumed by Warre by fire and sword as that famous Historian Sleyden and others testifie in the Histories of those times One neer me said if it were in his power he would sheath his sword in the bowells of all the Ministers in England And I heard him say he desired the ruine of all the Ministers in England and he knew not how to do it but by starving them out by keeping away their tythes and that was his end in detaining my tythes and not to inrich himselfe he told me he was willing to pay them to any body save the Minister It was lately affirmed that fourty thousand were ready to club down tythes And to this purpose I cannot forget what I heard in a tumult of such men met together in the Chequer-Chamber at Westminsler when a known Atheistical Leveller did attend the Committee of Plundred Ministers sitting in the next room about his refusing to pay his tythe I heard it clamoured there that neither Tythe-rent nor Landlords rent should stand long And there is one Barber who stiles himself a Merchanttailer who a while since pâ—â—nted a Pamphlet intituled The storming and total routing of tythes which as to their warrantableness to be the maintenance of Gospel Ministers will not be stormed routed out of the judgements and consciences of any godly wise by such confused weak childish assaults batteries of non-sense That Pampheleter Prints in the ninth page of that paper these words The Land-lord and the Priest or Parson are only Gentlemen the rest are Slaves who labour for that which the other spend on their backs and bellies This mutinous expression puts me in mind of that proud seditious Tailor called King John of Leiden who under pretence of Religion Saintship Inspiration was a Ring-leader in ruining of thousands of Land-lords Ministers and others that followed not â—is pernicious wayes against Government and true religion He had fifteen wives and came in the end to be hanged for his seditious rebellious and bloudy practices Abad omen for Iheouran John and for Master John Canne who proclaims the publique setled Ministers of England Traitours by a roaring voice from the Temple of Bacchus where such Kannes are in use but here we see the Land-lords and the Ministers are the joynt-marks at which these Fire-locks levell in these dayes wherein they only wanted a King John of Leiden to head Protect them in their mutinou ways under pretence of Saintship and Religion But it is more then probable that Land-lords rent and Tythe-rent like Hypocrates twins will stand or fall both together They being due by equal right grounded upon the word of God and the Laws of the Nation By which Lawes wee have right unto and do enjoy all that we have upon sure grounds of Justice and Equity The Law being the just interpreter of every mans right Only the Lawes for Tythe-rent come farre short in many circumstances as to the certainty of injoying tythe-rent which notwithstanding the present Laws are subject to so many frauds and losses that Land-lords rent of 200 pounds per annum is more certaine and more sure to purse then the Ministers or Impropriators of 400 pounds per annum in tythes And if these Vultures that prey on Tythe-rent had once devoured that revenue which belongs to others they would be so fleshed thereby that in a short time they would grow so greedy that they would prey on Land-lords rent also First the hedge next will be the field First the paring of the apple being gon the apple it self will not last long after There being equal right in the people to either Rents and they that take away the propriety of tythes will doubtlesse take away all propriety even the Freeholders nine parts also Such men are laying a foundation to bring in a Community to take away all propriety whatsoever Answer 3. I cannot but marvel that Charles should lay this reproach upon Land-lords in England that they are such oppressors as to exact and take as much rent of their Tenants or Farmers as their Lands and Farmes are worth without tythes when it is manifest that thousands of Farmers in England above other Nations have so good penny-worths that they live plentifully and get faire estates out of their Farmes though they pay two rents Land-lords rent and Tythe-rent besides other taxes and duties Tenants and Farmers in England are not as those in France and other Nations they are not slaves as the Merchant-tailer calls them in his recited Pamphlet they do not wear Wooden shoes and Canvas breeches Cavill 4 Saints are against tythes therefore tythes are not to be paid Charles his words to this purpose are Non-tythe-payers are Saints honest men people of God true brethren c. Answer I have read in the Catalogue of the Opinions Errours and Heresies of these times that some hold that Saints are freed by Christ from all Lawes Covenants Vowes paying of tythes or debts Such brethren as joyn to wrong others are brethren in evill Saint Paul calls such false brethren Are they not salse that defraud their neighbours that are thieves Are they not false that pretend to pay all their tythes justly and truly say they have left their tythes justly and truly set out yet with Ananias and Saphira keep back part nay half nay more than half yet cunningly leaving some thyes to avoid the plain discoverie of the value Saint Ananias Saint Saphira Saint Lyar Saint Theef Saint Thomas Tythe-short Saint Robert Robminister In the seventh Century of the Historie of the Church we read touching the corruption of those times amongst three adminable things that fel out in that age one was that whoredom was canonized that is notable Harlots were counted Saints Can those that rob their neighbour be honest
especially about which if the Minister would not meddle with there would be no contention in all likelihood between him and the people The one is his maintenance The other is the sins of the people let him meddle with none of these two he shall live without contention Answ 3. Very many godly Ministers have set down quietly amidst their great wrongs in these times only to avoid contention lest thereby they should prejudice the Gospel but I have found by experience woful experience that this forbearance hath hardened men to be more unrighteous as soft fires harden some things by bearing one injurie wicked men are invited to do more injury I know a Minister in Essex that remitted about 20 pounds due to him for some tythes taken from him in harvest 1652 and the same Tythe-robber carried away all his Tythe-corn in harvest 1653 I hear of hundreds of examples in this kinde Answ 4. Any other setled maintenance besides tythes is subject to the like contention as Rates Stipends Augmentations if they be not paid they must be contended for or lost which losing for want of lawful seeking after the present Minister is accomptable not only for his being accessary to his own wrong and defrauding but for the wrong done to his successors and to the Church of God which might be benefited by that lost maintenance if it had been contended for for the support of succeeding Ministers Answ 5. Tythes and Rates are a maintenance subject to contention by reason that people are emboldened to detein them through defect of law and justice but if better lawes were made and speedy and impartiall justice executed against that iniquity so that such unjust men shall not only have cause utterly to despaire of impunity and gaine but be certaine of punishment and loss they will be necessitated to leave of that Trade which will undoe them and is the only occasion of the contention and tythes will be found to be no contentious maintenance Answ 6. The people by their lawlesse contention purposely endeavour an abolition by law of their payment of Ministers maintenance Cavil 22. Tythes will ease the land of taxes There are ten thousand Parishes in England the tythes whereof will come to a vast summe Answer 1 We must not doe evill that good may come thereof oppression is evil undoing Gods Ministers and thereby rooting out the Gospel is evil Answer 2. The propriety of other men the revenue of Officers Land-lords-rent would ease the States in taxes which should rather be born by any other revenue then by the Revenue of Ministers we finde in Scripture that the Priests lands in Egypt were not sold in time of extremity when other lands were sold Cavill 23 I cannot profit by the Minister Therefore I will pay him nothing Answer 1 This may be only a pretence to defraud him a cloak for covetousnesse Answer 2 If the Minister be unfit the Magistrate will remove him if he be fit it is thine own fault rhat thou profitest not by him thy unjust hatred contempt prejudice against him hinders thy edification by his labours Cavill 24 Tythes intangle Ministers in the world and distract them in their Studies callings duties c. Answer 1. Ministers of old looked after their livelyhood Answer 2 Ministers setvants look after their tythes Answer 3. There is distraction in rates it is found by experience that it is bad tything out of peoples purses though the rate be never so low in comparison of the tythe in kinde yet journey after journey to men of ability still excuse upon excuse and in the end after divers yeares forbearance the Minister is forced to goe to law or lose all if more particular lawes for tythes inkinde they would trouble lesse then rate or stipend and tythes being in possession are ready money at all times when the rate or stipend cannot be had From the North the Miaisters write that to live in a stipendiary way doth obstruct them in their studies and distract them abour their Provisions for themselves and families They write from thence what wearisome and frustrate journeyes have Ministers made for their stipends long after they have been due These Northerne parts can declare There being a Commission from the late Parliament for the Propogation of the Gospel there and their best care used to draw Ministers maintenance into a common treasury They after much experience of the manifold inconveniences thereof were forced to devolve it again into its old Channel Cavil 25. Tythes and a setled maintenance keeps up an idle ministry Answer 1. This is objected against Gods proceedings who setled tythes and certain maintenance for his Ministers of old Answer 2 Idle ministers are to be thrust out like droanes he that will not work should not eat only the labourer not the loyterer is worthy of his hire Answer 3 If the labourers wages be arbitrary he is commonly lesse industrious he knowes not what he shall have and if he be consciencious his certaine good reward will make him more industrious This is Saint Pauls argument to move us to abound in the work of the Lord 1 Cor. 15.58 Cavil 26 The Parson is rich enough he can spare what I take Answer 1 This is the usual pretence of poor rogues It is no sin to take from such a man he is rich enough he is able to bear it but Gods command is Thou shalt not steal he doth not say thou shalt not steal from the poor he doth not say from the rich thou mayest steal thou mayest steal tythes Cavill 27 The Minister would be too rich if all his tythes were truly paid him Answer Compare Ministers maintenance now with the maintenance which God setled upon Ministers in Israel They had forty eight cities with their Villages Suburbs and Fields Numb 35. besides tythes offerings c. Shall the Ministery of the letter be so plentifully and certainly provided for and the Ministers of the spirit uncertainly and illiberally especially in a Christian State where are already revenues of lands tythes c. setled without any charge to the present people of the Nation for the maintenance of such Ministers Cavil 28 The Souldiers whom God hath owned in these times are against tythes Answer 1. It is strange that Souldiers should be against paying tythes seeing the first tythes that ever were paid that we read of were paid by a Souldter by Abraham the Father of the faithful at his victorious returne he paid tythes of his spoils and he paid tythes of all and he paid them to the first Minister we read of Gen 14. Heb. 7. which act of Abraham all that professe themselves the children of Abraham by faith are to consider of especially Souldiers Answer 2 Souldiers live not upon benevolence they have a certaine pay certaine wages Luke 3. 1 Cor. 9. Their Army Chaplaines live not upon benevolence but have a certain liberall maintenance a forced maintenance out of taxes Now the word of God shewes that Ministers are
Souldiers they are all Officers and therefore are to have a liberall certaine pay 1 Cor. 9.1 Cor. 10.4 1 Tim. 1.8 2 Tim. 2.3 4. chap. 4.7 Answer 3. The Example or judgement of any men in the world is no rule for us to follow without or against the word of God which word how it holds forth if not the necessity yet the lawfulnesse of tythes as the maintenance of Gospel Ministers we have seen before Answer 4 It is not the judgement of all Souldiers many Souldiers are of another judgement men of that Calling Eminent for Wisdom Valour Place and Authority Answer 5 Suppose all Souldiers were against us for doing that which is our duty we are not to sin out of feare of fire or sword he that will save his life shall loose it Feare not them that can kill the body but feare him that can kill both body and soul Cavil 29. I never promised the Priest to pay him therefore I will pay him as litle as I can This cavil hath satisfied the litle conscience of some I have lost many pounds by this suggestion of the devil Answer 1. Right must be done though we never promise to do it The not promising to do the duty doth not justifie the neglect of it every duty of holinesse righreousnesse and sobriety may be excused upon this account I never promised to pay excise custome I never promised not to rob such a man this is a thin cloak for iniquity and covetousnesse Cavil 30. Lands and houses were worth but litle when tythes wer first setled I am content to pay my Tythe-rent after the value of the land when tythes were first setled but now land is worth treble the value Answer Tythes were at first setled absolutely in Fee-simple not with any limitation for time or value of higher or lower prices Cavil 31. The Priest is covetous looks after money loves money tels mony keeps a Rate-booke mindes his tythes Ministers should minde their book and Sermons and God wil provide for them they should trust God c. Answer 1. This accusation of the covetous Tythe-stealer is only to hide his own covetousnesse and iniquity to cry whore first Answ 2. This is a common and falfe flander raised against the best Ministers if they looke after and demand their owne their due presently they are covetous none covetous in the Parish but the Priest for sooth Answer 3. Ministers are not Angels to live without food and rayment they ought to provide for themselves and their families and may do it without covetousnesse or the just imputation of covetousnesse for so doing as other men that are not Preachers when they looke after their rents debts dues c. are not to be accounted covetous therfore The Apostle speaking of Ministers tels us that in the calling and office of the Ministery in the work of the Ministery of the sower going out to sowe the word that sowing is sowing in hope even of temporall things 1 Cor. 9.10 11. Ans 4. Ministers as all other men must trust in God and pray to God and depend upon Gods providence for their daily bread for comfortable subsistence in this world but they ought to use the means not to tempt God by neglect of using the meanes to get their daily bread and to provide for their families Cavill 32 I would pay the Priest justly if he would let me set out his tythe for him by my selfe alone If he would trust me with setting it out but he fares the worse because he is so mistrustful so jealous that he hath his men at our heels all the harvest Answer 1 This is a meer cavil of the fraudulent Tythe-payer to pick a quarrel about this only to have a colour not to set out or carry away any tythe in the presence of those servants that he may leave what tythe he list in their absence Amswer 2. If the Tythe-receivers servants attend not to see the tythe set out the Tythe-payer will be their own carvers in their absence Answer 3 Common justice and reason requires though the law doth not that he whose propriety the tythes are should by himself or his assignes see and know that he hath his own and not be left to the will pleasure of the Tythe-payer to pay him what he list in his absence Answ 4. They that mean honestly will rather desire then refuse or decline winesses to attend them to avoid suspition and contention Cavil 33 I do not believe tythes are due therefore I will pay none This is a usual objection Answer 1 The not-believing that a duty is to be done is no plea for the neglect of that duty but an aggravation of that sin of ommission Answer 2. If men might be free from payments and duties for saying they do not believe they ought to doe it who would then pay anything Saith one God hath not yet set it upon my spirit to pay excize to pray in my family c. Therefore I desire to be excused Answer 3. This is rather wilfulness then not believing they will not believe that tythes are due they will not be perswaded c. Cavil 34 If the Priest would take the tenth childe in the Parish and keepe it I would thinke it equall to pay the tenth the tythe of other things to him Answer 1 God never appointed his Ministers to whom he appointed tythes that they should upon that condition take and keep the tenth childe Answer 2 Gods provision for his Ministers which the Scripture holds forth is for their Livelihood and maintenance not for their hinderance and charge Answer 3 Ministers beare their proportion in parochiall charges for the relief of poor children c. Cavil 35 We have gifted men enough that will preach for nothing that will maintain themselves and therefore we need not pay tythes Answer 1 We have cause to praise God for his gifts in any and we are to pray that all the Lords people were Prophets Answer 2 Some are only pretended gifted men and gifted men in their owne conceipts and of meer bold fancie undertake to preach publiquely as experieÌ„ce shews they may have good affections but are not able to divide the word aright but speak only good words matters if they be orthodox but litle or nothing to the text in hand run over 100 theams in a Preachment and that in a dull silly manner I could name divers such yet they are cried up by those of their faction for rare men I have compared the practice of such meetings to the milking of a goat by one into a five and diverse standing about the five and holding it up to receive the milke 3 And these pretended gifted men comming from their shops and trades get some pocket-sermons which they either learne out of printed bookes or have taken in writing at the sermons of Godly able Preachers these Sermons they preach up and down here there being Ambulatory Journey-mâ—n Vagrant Preachers
wandring Starres not being able to sit down with a people as Pastors in a constant course of expounding Cathechising Preaching c. One of these gifted men preacht such a pockeâ—-sermon five times times one after another in severall Parishes and in every preaching had these words in the same passage of his sermon viz. Now the Lord hath set it on my spirit to tel you And by the way here I cannot but wonder how it can be conceived that itinerary preachers should by their unconstant unfrequent preaching amongst people be able to frame a people to a way of knowledge faith obedience c. I instance in John Turner who hath some of his pretended Congregation in the Parish where I live above twenty miles distant from him these neglect the publick preaching of the word moneth after moneth though they may enjoy it at their own doors or not far off elswhere yet they by their weak principles not to hear in our Churches and their wandring star seldome appears in this Horizon I have compared them to the Inhabitants of Greenland if any be that see no day or Sun for divers moneths 4 If any such pretended or really gifted men will take no tythe it s at their pleasure that argues nothing against Ministers setled maintenance as Saint Paul would not have his example in not taking of the distressed Saints made a rule to all Ministers 1 Cor. 9. 5 The false Apostles preacht for nothing as we have shewed before their cheapness doth not argue their worth in life or doctrine as experience shews 6 Some of these cheap men bring in a dear reckoning at last I mean they creep into houses and into purses too by degrees under pretence of long prayers devoure widows houses swallow down large incomes and get good estates 7 Some of these men gifted as they say without liberal education in Arts Tongues at Schools Universities c. are meer dissemblers in concealing their liberal education that by this Jesuitical plot of extraordinary gifts pretended to be given them in an extraordinary way they may allure people to errour and overthrow Schools of Learning amongst us and may overthrow an able learned Ministery thereby that there may be nâ—ne of emiment learning to convince the Learned gain-sayers 8 It will not profit a man to win the whole world and lose his own soul If such teachers by weakness errour c. ruine thy soul if thou losest that upon this account thou hast made a losing bargain Cavil 36. The Priest is put upon us by others by the Parliament by the Patron against the will of the Parish He was never chosen by us though he be sent to us by Authority we do not take him for our Minister and therefore wee l pay him nothing Let them that set him on work pay him his wages if others provide us servants let them pay them their wages Answ 1. The Christian Church and State that take care to have Ministers sent to places for the Propagation of the Gospel take care and make provision for such Ministers without any charge to the people or parish whether they are sent the setled established maintenance of such preachers is from the State by Houses Glebes Tythes Augmentations c. The people the parish is at no charge for such Ministers wages as is already proved Tythes are not the peoples but the Ministers propriety Answer 2 Those that choose their preacher which is not provided for by the Christian Magistrate by a publique setled maintenance they cannot doe it but at their owne charge it is their private transaction at their private charge Answer 3 The State knows the unfitnesse of Parishes as yet to choose their own Preachers in regard of deformation that is left in them by the Prelaticall goverment by the experience of what teachers the most Parishes approve of c. Answ 4 The people have a Negative voice if they can shew just cause against a preacher that is sent them by a rationall dissent not by a wilful causless opposition of Ministers sent unto them Answer 5. The Scriptures speaks of sending Ministers and it reproves those that have itching ears that heap teachers to themselves 2 Chron. 16.15 Math. 23.37 2 Tim. 4.3 Cavil 37 I would pay my tythes justly if I paid them to an Impropriator that payes mony and rent for his revenue but the Priest payes nothing but prates a litle c. Answer Some object this when they should pay tythes to the Minister where they live and after removing to a parish where an Impropriator had the tythes have refused to pay him alledging that if the Impropriaton did take paines for his tythes as the Minister or if he were a Minister they would pay him Cavil 38 The Priest is a Devilish Round-headed Priest breakes downe godly Images and Pictures pulls down the Holy-cross Holy-water-font refuseth to use the Common-prayer-book to marry to give the Communion to all to pray at the grave to preach on Saint Christmas-day c. If he will not do his duty we need not pay him his wages Let him doe his Office and he shall have his benefice I wil pay him no tythe but a tythe halter this I have often heard Ans This is to persecute a Minister for righteousness sake for well doing This is to render evill for good Christ himself the great Shepherd of the Sheep and his Prophets and Apostles were so dealt with for their faithfulnesse in their places So persecuted they the Prophets instead of mainteining them These are the principall Cavills raised against Ministers maintenance whereby ignorant and wicked men do blinde and harden their consciences against the revealed and implanted light and truth for their owne ends CHAP. IV. IT is High-time then for the Christian Magistrate to take this cause into speedy considerâ—â—ion for the suppressing of these causlesse and wilfull oppressions acted daily against Gods Ministers And although the discovery of the disease the beholding of the man fallen amongst thieves be motive enough for compassion and relief yet I shall lay down some further pressing arguments for the speeding of that righteous and pious work to this end First consider that pious Princes in all ages have advanced the setled maintenance of Ministers by strict lawes and impartiall justice as Histories shew they left not men only to their own conscience and to the law of God even of old besides Gods law there were humane laws for the certain maintenance of Ministers 1 Chron. 31.4 13. Nehem. 13.6 2 Consider how many godly Ministers have bin wearied out and worried out of late yeares and have been necessiated to leave their places and shift for themselves to prevent their utter undoing as in time of Deformation Nehem. 13.10 They have spent their temporall estates in spirituall livings of a reall considerable value but not so to them by reason of these fraudes Ministers have spent more in Fifts Tenths Taxes c. then they received
in all their Tythe-revenue year after year Some Ministers of worth have been constrained to sell their books to buy bread Mr. Perkins in his Treatise of the Duty and Dignity of Ministers seems to prophesie of these times The Ministery saith he for the mast part yieleth nothing but a plaine way to beggery Divers Ministers who living frugally in places of 200 pound per annum yet through these frauds and oppressions from the people besides taxes Fift-parts c. died so poor that they left their wives and children to the publique almes of the Parish and Impropriators undone by these frauds and constrained to yield up their leases so that if tythes continue to be paid as formerly without better law and justice for their recovery especially seeing these frauds increase more and more daily it is humbly conceived that it were well to build Hospitals and Alms-houses in every Citie County to harbour and relieve decayed and undone Ministers and Impropriators their wives and children and upon this accompt consider this oppression and ruine is the more by reason of the great extraordinary charges to which Ministers are put now more then heretofore by providing so many servants to looke after their tythes in harvest especially where two Tythe-lookers would serve the turn before the first Parliament when the Ecclesiastical Courts were in power now ten nay twenty nay a hundred are too few whereby the Minister is at excessive charges which eats up all his profits Yet these many attendants cannot so attend the Tythe-payers which will give no notice though attended upon when he will tythe and carry his Corn but he will finde a time to carry it away day or night so as none of those servants shall know what tythe was due so that it had been better for the Tythe-receiver to have no Tythe-looker but to leave all to the Tythe-payers unconscionable conscience which in some is as wide as their great Barns great door 3 Consider the crying sin of Oppression If the wages of one labourer kept back a short time cry Deut. 14.14 15 ô what a lowd noise do the cries of so many hundreds of Labourers in Gods Harvest make in the ears of the Lord of Hosts against these oppressors and those that have power to relieve these oppressed ones and do not relieve them by Law and Justice 4 Consider that if authority be wanting in so necessary Laws and due execution of Justice they make the Nation guilty of such sins as for want of good Lawes are practised For God hath given authority to all Nations to make Laws for the observation of his Divine Laws which if authority neglect to do it sins and inferiours sin in not following them with Petitions and Importunities for the making of such Laws and this is one aim of this Treatise and was the aim of the weighty Petitions from many parts of the Nation especially from the Renowned City of London Worcester-shire Hamp-shire the Northern Churches c. 5 Consider that Ministers setled maintenance is their Propriety as hath beene proved Oh let not such a president of taking away propriety be tolerated least it ruine all propriety Tythes are said to be Gods propriety in some respect when those that with-hold them are accused by God himselfe to be robbers of God Mal. 3.8 God gives them to his Ministers they are paid and payable to God in his Ministers It was a part of the Declaration of the Parliament Declarat 10. Jan. 1642 that their ayme was to maintain propriety and the free passage of justice 6 Consider Ministers layings out are certain for cloaths food c. and for the Publique for First-fruits Tenths Taxes Fifts Reparations c. These are required forced from Ministers by strict law justice I have known Souldiers quartered on Ministers for their not paying Taxes when the people had the Ministers tythes ten times in value in their hands And Ministers in that case imprisoned for not paying taxes and sequestred for fifts not paid when their tythes were generally substracted and are withheld to the value of more then a hundred pounds inquire at Great-chart in Kent c. Oh what injustice is it to suffer them to be defrauded thereby disabled to discharge these duties to command water let the fountain be taken away to exact the full tale of brick not see straw allowed but what they can catch scrape rake and scramble for if this should continue would it not be construed a publique fraud oh let it not be said thy Princes are rebellious and companions of thieves Isa 1.24 The crimes of persons are grievous but those of a State are more grievous The corruption of a member is not so grievous as the corruption of the whole body The greatest Empires in the world without justice are but great tents of robbers 7 Consider that righteous lawes and impartiall justice especially for the reliefe of the oppressed will protect and support the Higher Powers better then the sword will do and uphold all good mens Love and Assistance to those Powers 8 Consider rhe times were very sad to Godly Ministers under the long and late Tyrrany of the Prelats it was but at the beginning of the Parliament the Iron-teeth of these beasts were knockt out and the iron yoakes which they put upon Godly Ministers pulled off it is very strange the people should take lawlesse liberty presently after to put a Hogs-yoake on Ministers necks and to muzle the mouth of the Oxe until they have made an asse of him 9 Consider that this States Counsels and Actions in these destracted times have aimed at and effected the reliefe of thousands of oppressed ones in the three Nations the reliefe of Creditors and Debtors by providing a remedy against all frauds in matters of debt whatsoever reliefe against the frauds of Meale-men c. Godly Ministers are the most oppressed party in this Common-wealth none more vilified molested defrauded impoverished then they 10 Consider Persons engaged in the prosecution of the great work of these times for the preservation of religion and liberties should be secured against the enmity and revenge of those that maliciously or ignorantly seek revenge on such for their good affection as hath beene done for well-affected Tenants against ill-affected Land-lords and for others by the the Honourable Committee for Indempnities The case of Godly well-affected Ministers requires this protection and relief but where is it they have been and still are defrauded persecuted ruined for their good affection and zealous actings for the State and for Reformation especially those Ministers that were sent out at the beginning of the Paâ—liament and did venture then all they had even their lives for the State and for reformation and for that cause have hitherto suffered exceedingly from some people especialy by these frauds and oppressions which the dis-affected act against them not only out of covetousnesse but more out of revenge against such Ministers that first opposed