without due reverence and finally Christians without Christ as 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 is this common Mistake That the payment of Tithes to Ministers as a Parochial Right and Due was first setled by the Popish Council 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 such Laws and Ordinances I answer That this is a most gross Mistake of some ignorant Lawyers and John c 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 f. 641. The words of the Council Can. 56. Plerique sicut excipimus Regulares Clerici Seculares interdum dum Domos locant vel Feuda concedunt in Presudicium Parochialium Ecclestarum pactum adjiciunt ut Conductores Feudatorii Decimas eis solvant apud eosdem elegant Supremam Cum autem id ex avaritiâ— radice procedat pactum hujusmodi penitus reprobamus Statuentes ut quicquid fuerit ratione hujusmodi pacti praeceptum Ecclestae 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 apparent 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 Vrban 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 of 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 Peirus 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 even since allowed by the Common law of England ratified by the Great Charter of England ch 1. with sundry other Sâ—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 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 every and that as sacred Tribute reserved commanded by God himself in the Old and New Testament as a badge of his Vniserval Dominion over them and their Possessions held of him as Supream Landlord as the 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 Grandees in present Power by force or fraud to Null Repeal Alâ—er this Ancient 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 study 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-Serviceâ— to whom and when they please which our
and 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 shall 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. â—o 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 them have much pressed for a publick Toleration of all Religions though now they would 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 of 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 hedge a Serpent shall bite him who so removeth stâ—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 both of God and the King My deceased Brother Burtons Sermons on this Text Nov. 5. 1636. are worth all our Innovators reading For which Sermons 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 exorbitanâ— 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 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 nâ—w 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 they ring THE CHANGES still till they a have 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
anothers If you did not take away Tithes from Clergy-men This is a Convectio or Rapine little enough but that which doth not a little dishonest your life By the Testimony of the Scriptures they are the Tributes of needy Souls And what is this injurious Immunity that you should be exempted from the payment of Tithes to which the Lands were subject before they were yours and which are hitherto rendered to Churches not out of respect of Persons but by consent of the Territory mark now the just punishment upon them for this their Covetousness and exemption from Tithe-paying Milites Galliarum sibi jus Decimarum usurpant c. The Souldiers of France usurp to themselves the Right of Tithes and have no regard of your Privileges Eas a vobis potenter extorquent They extort them from you by the Power of the Sword Adversus eos debetis insurgere non adversus Clericos aut Ecclesiasticos Clericos You ought to rise up against them but not against Clergy men Or the Churches of Clergy-men Laurentius Bochellus recites inserts it into his Decret Eccles Gall. l 6. Tit. 8. c. 19. p. 966. printed An. 1609. From which Authorities I must tel all Country Farmers and others now busling to exempt themselves by the power of the Souldiers from paying their antient due setled Tithes to their Ministers that they shall at last but only change the hand and be enforced to pay Tithes with a Witness to the Souldiers even by obtaining their desires Whiles I was a late close Prisoner in Pendennys Castle in Cornwall under Souldiers I never yet knew why I heard some Officers there who had purchased Crown-lands in Cornwall not for Mony but Arrears of pay amongst other their New Projects oft times peremptorily saying We will have all Tithes put down Whereupon I told them they should have done well to have added Saint James his advise to their peremptory words and wills which he much censures by saying as they ought to do If the Lord will we will do this or that James 4. 13 14 15 16. Which I thought they durst or could not subjoyn to their former words because it was both against the will and command of God that Ministers Tithes should be put down especially by Souldiers who received far above the tenth part of them in Monthly Taxes for their pay and from whose practice of receiving constant pay for their Military service the Apostle proves the lawfulness of Ministers Tithes and Salaries under the Gospel 1 Cor. 9. 7. After which discoursing merrily with them I told them I conceived the true reason why they and other Officers formerly for Tithes and Ministers were now so eager against both was because most of them had lately purchased so much Crown Bishops Deans and Chapters Lands charged with Tithes that now out of mere covetousness they would pull down Tithes to hook them into their own Purses from the Ministers and though they were never purchased by them in their particulars to improve their over cheap Purchases to the highest Advantage and because others should not blame them for it they turned Preachers themselves that they might claim some seeming Right to their own and others Tithes and save the charges of a Minister At which they gave a silent blushing Smile without a Reply Not long after about the beginning of January last there came a Petition ready drawn to the Castle from the General Council of the Army Officers sitting at St. James's as the Souldiers themselves informed me directed to those who then were stiled The Parliament of the Common-wealth of England and Supream Authority of the Nation though those who sent it knew the contrary the Supream Power lay in others hands The effect of which Petition was For the total Abolition of Tithes of all sorts as a Jewish and Antichristian Bondage and Burden on the Estates and Consciences of the Godly and that for the future they and the People might not be insnared or oppressed with Tithes or any forced Maintenance to the Ministers or any thing like it in the stead thereof This Petition all the Officers and Souldiers in the Garrison by beat of Drum upon the change of the Gards were summoned three several Mornings just before my Chamber window to subscribe together with a Printed Letter sent from the said Council of Officers to all the Garrisons and Souldiers in England Scotland and Ireland concerning the heads of their Intentions and Designs then on foot and since executed desiring their opinions of and concurrence with them therein by their Subscriptions This Letter with the Petition against Tithes were both read together to the Souldiers three several mornings who at the close every morning gave two or three great shouts and afterwards subscribed both the Letter and Petition One Ensign and two commen Souldiers who had formerly read the Worcester Petition for Tithes which this was to countermine though they readily subscribed the Letter yet refused to sign the Petition because they thought it very unreasonable to take away Ministers Tithes altogether and provide no other maintenance in lieu of them for which they were threatned to be turned out of the Garrison and cashiered ere long as I was informed by other Souldiers all the rest subscribed it and divers of them against their Consciences as they confessed to me because they durst not displease their Officers nor those who sent it to them Some Officers and Souldiers of the Castle who were most against all publick Ordinances and Ministers never resorting even to their own meetings and unordained speaking Chaplains in the Castle were sent and imployed into the Country to get Country-mens Subscriptions to the Petition against Tithes in the name of the Well-affected Godly people in the County of Cornwall as if it proceeded from the Country-men not the Officers and Souldiers In which service these active stirring Spirits were very industrious in all parts to procure handâ— to this Petition seducing divers to subscribe it by misinforming them That it was only against Impropriators Tithes which some honest Religious Gentlemen substantial Freeholders and Grand Jury-men of the Country being informed of drew up a Petition in the name of the Gentry Freeholders and others of the County for the continuance of Tithes and Ministers setled Maintenance subscribed with many hands and presented by the grand Jury men to the Justices at their General Quarter Sessions to send up to those then in power as the desire of the Gentlemen Freeholders and the Generality of the County which Petition as I have been informed was presented accordingly by one of the Justices by Order from the Bench though one of his Companions when it was delivered by the Grand Jury to him to present to the Bench had the impudence to tear the Petition in pieces in open Court before he acquainted his Associates with it for which he received a publick check After the Souldiers Subscription of the foresaid Petition against Tithes in the Castle the
hast kept me this day from coming to shed bloud and to avenge my self with my own hand But if they shall by Gods permission cast me again bound hand and foot into another fiery Fornace for this my faithfull Service or not falling down and worshipping that Golden or rather Wooden Image which they have or would now set up I doubt not but that Gracious God who hath so miraculously preserved me in delivered me out of so many fiery Trials and Fornaces heretofore will do the like again hereafter and that in such a visible eminent manner as shall enforce them at last to use those words unto me as Nebuchadnezzar did unto Shadrac Meshac and Abednego after their miraculous preservation in the midst of the fiery Fornace into which the most valiant men of his Army cast them bound by his unrighteous Command to their own immediat destruction by the flame without the least hurt to them Dan. 3. 28. Then Nebuchadnezzar spake and said Blessed be the God of Shadrac Meshac and Abednego who hath sent his Angel and delivered his Servants that trusted in him and have changed the Kings word and have yielded their bodies that they might not serve nor worship any God or Idol except their own God This being an undoubted Truth which I have ever hitherto found experimentally true from and in my former causelesse Oppressors whose Erronious Practices vices I have reproved recorded by God himself and the wisest of all Mortals Prov. 28. 23. He that rebuketh a man for his faults plainly shall afterwards find more favour than he that flattereth him in them with the Tongue And that saying of the truth it self in such cases of difficulty and concernment to the reprover will ever prove an experimental verity wherewith I shall conclude my Plea which I desire may be deeply engraven in the Hearts Spirits of all timorous base unworthy Christians who dare neither speak nor write their Consciences nor Discharge their Duties in these times of danger and will wrong both their Consciences Country Posterity yea shame their God Nation Religion to save their Estates Lives as they fondly conceit when they will lose all with their souls to boot by their base carnal fears Math. 16. 24 25 26. Luke 17. 33. If any man will come after me let him deny himself and take up his Crosse and follow me For whosoever will Save or shall seek to Save his life so Luke records it shall Lose it and his Tithes Lands Liberties with it and whosoever will Lose his Lise for my sake shall find it For what is a man profited if he shall gain the whole World and Lose his own Soul Or what shall a man give in exchange for his Soul I shall cloze up all with this notable Passage of our own learned Writer John Sarisbury against such Religious Hypocritical Cistersian Monks who in his age sought exemption from payment of Tithes and seised upon the Ministers Dues about the year 1170. Joannis Sarisburiensis De Nugis Curialium l. 7. c. 21. De Hypocritis qui ambitioâ—is labem falsae Religionis imagine nituntur occultare Hi sunt qui potestatibus persuadentes ut propter vitia personarum jure suo priventur Ecclefiae Decimationes et Primitias Ecclestis subtrahunt et Ecclesias ipsas accipiunt de manu Laicorum Episcopis inconsultis Hi sunt qui praedia avita subtrahentes indigenis vicos pagos redigunt in solitudinem in suos usus vicina quaeque convertunt Ecclesias diruunt ut in usus revocant seculares Quae Domus Orationis fuerat aut efficitur stabulum pecoris aut opilionis aut Ianificli Officina Et ut se possunt plenius exhibere charitatis implere manus ne decimas dent Apostolico privilegio muniuntur Miror tamen ut Fidelium pace Ioquar quidnam sit quod Decimas et Iura aliena usurpare non erubescunt Inquient fortè Religiosi sumus Planè Decimas solvere Religionis pars est Et eas a Deo populus duntaxat religionis solvere exigitur Hi adeo religiosi sunt quod in Decimis dandis derogare possunt constitutioni Divinae in eo licenter minus grati sunt gratiae Dei quo eam amplioribus beneficiis experiuntur FINIS A POSTSCRIPT IT is storied of Canutus the 4 th the 77 King of Denmark an eminent professor of Piety and Religion and great lover of Justice that perceiving his Subjects to stick at many things pertaining to Christian Religion and not to conform to other Christians throughout the world in Laws and Ceremonies specially in the due payment of Tithes to their Ministers he urged them out of religious Piety ut ritu aliarum Nationum Christianam Religionem prositentium Decimas Sacerdotibus suis soluerent that after the custome of other Nations professing Christian Religion they would pay Tithes to their Priests remitting to them a great fine imposed on them for their Rebellion and contempt in refusing to accompany him in an Expedition against the English to induce them thereunto But they being perswaded the contrary by his Brother Olaf thereupon rose up in Rebellion against him specially the Northern Jutes frequently perfidious whom he could never induce to pay Tithes and pursuing him to Othense cruelly murdered this their just and pious King in the Church of St. Alban Anno 1088. whom Olaf succeeding God presently sent such a great scarcity of Corn and provision in Denmark for 7. years space together the intemperatenesse of the air blasting all their Corn that many families not only of the poorer but richer and nobler sort died of famine the people fighting with one another even for grasse to eat At last the famin invading King Olaf his Court he prayed to God that if he had conceived any anger against his Subjects for not paying Tithes and murdering their King he would satisfie his wrath upon him not them and the same night Esurientem parricidii pâ—nitentem animam efflavit he died of hunger repenting of his paricide O that all English Tithe-Oppugners and Regicides would seriously meditate on this memorable president of Divine Justice upon such Delinquents and be brought to timely repentance thereby to prevent the like National and Personal Judgements upon our Nation themselves and their posterities ERRATA COurteous Reader correct these mistakes and omissions of the Presse occasioned by the Authors absence in the Country Page 2. l. 34. if r. of p. 8. l. 24. r Wagria p. 14. l. 20. r. inservierat pietati l. 26. r. Wilfrid p. 21. l. 39. these those p. 25. l. 11. Decima l. 15. 17. aliendis alienandis p. 27. l. 27. r. 17 E. 4. c. 7. l. 37. Parliament l. 38. sommoneri p. 28. l. 6. Heu licet quod eo r. Quod licet de l. 13. dele ut l. 16. indulgere r. inducere l. 19. quamplurimum p. 29. l. 19. superlors p. 30. l. 3. Lord God p. 34. l. 4. form r. former l. 6. last r.