Conquerour in the fourth year of his Reign c. 8 9. forecited To which may be added the Great Charters of King Henry the first and King John recorded in Matthew Paris ratified by King Henry the 3d. in his Magna Charta c. 11. made in the 9th year of his Reign confirmed by above 37 Acts of Parliament since in many successive Parliaments That the Church of England shall be free now in greater Bondage than ever and shall have all her whole Rights and Liberties inviolable never so much violated diminished as now notwithstanding all Oaths Laws Covenants Declarations Protestations lately and all antient Solemn Curses and Excommunications annually made against the Infringers thereof 13 E. 1. 17 E. 3. 14. 2 H. 4. c. 4. Enacting the Cistertian Monks to pay Tithes to Ministers and Evangelists notwithstanding any Buls of Exemption from the Pope which the King and Parliament declared to be void and that the Promâ—vers or Executors of any such Buls shall be attainted in a Praemunire It appears by the Parliament Roll of 2 H. 4. nu 40. This Act was made upon the Petition of all the Commons which because not extant in print pertinent to the present business of Tithes and unknown to most I shall here transcribe at large May it please our most gracious Lord the King to consider That whereas time out of mind the Religions men of the Order of the Cistercians of your Realm of England have paid all manner of Tithes of their lands tenements possessions let to farm or manured and occupied by other persons besides themselves and of manner of things tithable being and growing upon the same lands tenements and possessions in the same manner as your other Lieges of the said Realm Yet so it is that of late the said Religious have purchased a Bull from our Holy Father the Pope by the which our said Holy Father hath granted to the said Religious That they shall pay no Tithes of their Lands Tenements Possessions Woods Eattel or any thing whatsoever although they are or shall be leased or farmed notwithstanding any Title of Prescription or Right acquired or which hereafter may be had or acquired to the contrary The which Pursute and Grant is apparently against the Laws and Customs of your Realm by reason that divers Compositions real and Indentures are made between many of the said Religioius and others your Lieges of the prise of such Tithes and also by reason that in divers Parishes the Tithes demanded by the said Religious by colour of the said Bull exceed the fourth part of the value of the Benefices within whose limits and bounds they are and so if the said Bull should be executed much more the late Petions against all Tithes and coercive Maintenance for Ministers câ—ndescended to as well your dreadfull Majesty â—s your Lieges Patrons of the said Benefices shall receive great losses in their Advowsons of the said Benefices and the Conusance which in this behalf appertains and in all times hath belonged to your Regality shall be discussed in Court Christian against the said Laws and Customes besides pray mark the prevailing reason the Troubles and Commotions which may arise among your people by the motion and execution of such Novelties within your Realm That hereupon by assent of the Lords and Commons in this present Parliament you would be pleased to ordain that if the said religious or any other put or shall put the said Bull in execution shall be put out of your Protection by due Process made in this behalf and their goods forfeited to You lost and that as a work of Charity Which Petition being read and considered was answered in the words following It is accorded by the King and Lords in Parliament That the Order of the Cistertians shall be in the state they were before the time of the Bull purchased comprised in this Petition and that as well those of the said Order as all others Religious and Secular of what estate or condition soever they be who shall put the said Bull in execution or shall hereafter take advantage in any manner of any such Bulls already purchased or to be purchased shall have Process made against them and either of them by sommoning them within a moneth by a Writ of Premunire Facias And if they make default or shall be attainted that they shall be put out of the Kings Protection and incur the peines and forfeitures comprised in the Statute of Provisors made in the 13. year of King Richard And moreover for to eschue many probable mischiefs likely to arise in time to come that our said Lord the King shall send to our Holy Father the Pope for to repeal and annal the said Bulls purchased and to abstain to make any such Grant hereafter To which Answer the Commons well agreed and that it should be made into a Statute From which memorable Record I shall desire Iohn Canne and all his ignorant deluded Disciples who cry out against Tithes and the payment of them as Popish to observe 1. That all the Commons of England in this Parliament even in times of Popery together with the King and Lords resolve the quite contrary That the exemption of any order of men from payment of their due and accustomed Tithes is Popish and that the Pope was the first and only man who presumed by his Bulls to exempt men from payment of due and accustomed Tithes to their Ministers 2ly That Popish Friers of the Cistercian Order not Godly Saints abhorring Monkerie and Poperie were the first men who sued for procured and executed such Exemptions from the Pope and that merely out of Covetousness against the express word and Law of God as our John Salisbury de Nugis Curialium l. 7. c. 21. and our Arch-deacon of Bathe Petrus Blesensis observe who tax them for it And therefore the petitioning writing endeavouring to procure a like exemption from the payment of antient and accustomed Tithes to our Ministers must be Popish and Monkish likewise infused into our New lighted Saints by some Popish Monks and Jesuits disguised under the notion of New-lights Seekers Anabaptists c. 3ly That they declare this Bull though granted by their Holy-Father the Pope whose Authority and esteem was then very great to be against the Laws and Customs of the Realm and thereupon repeal null it for the present and provide against the grant of any such Bulls for Non-payment of Tithes for the future and make the Procurers and Executioners of them subject to a Praemunire Such a transcendent Crime and Grievance did they then adjudge it to seek or procure the least exemption from payment of Tithes from any earthly Powers yea from their very Holy Father the Pope himself then in his highest Power 4ly That they resolve the exemption from Tithes though amounting but to a fourth part in every Parish would prove a great prejudice to the King and all other Patrons in their Advowsons
Pirates And therefore this clamourous Objection against Tithes should have no more weight with Wisemen to suppress them than their idle clamour against all old Legal Customs Rates and Duties for the necessary defence of the Sea and Trade to abrogate them altogether to the ruine both of our Traffique Navy and Merchants too that pay them 4ly This Objection is directly made against the providence wisdom and policy of God himself who prescribed Tithes amongst his own people out of all their Tillage and Improvements and knew it would be no impediment to them his Blessing promised to their payment of Tithes being a greater improvement to them in their Crops than all their extraordinary cost and pains amounted to Wherefore it can be no impediment or discouragement to any real Saints good Husbandry or Improvement now who deserves to reap no benefit by his Labour or Improvements if God himself shall have no share or portion out of them for the maintenance of his publick worship and Ministers 5ly If there were any truth or strength in this Objection yet it extends not unto all tithes but only to such as are paid out of extraordinary chargeable Improvements as to make mere barren Heath Ling and Sands out of which no former profitâ— naturally grew manurable for Corn or Pasture Tillage and Meadows Woods out of which most predial Tithes arise So there is a sufficient remedy against this pretended Mischief already provided in the best and strictest Statute made by the best of our Protestant Kings for the true payment of Tithes at the beginning our Reformation when Popery was banished in the Parliament of 2 E. 6. c. 13. which provides That all such harren Heath or waste Grounds which before that time have lyen barren and paid no Tithes by reason of the said barrenness and now be or hereafter shall be improved or converted into ar able Ground or Meadow shall from henceforth after the term and end of seven years next after such Improvement fully ended and determined pay Tithe of the Corn and Hay growing on the same and be discharged in the interim as the words import and our Judges have expounded it All which considered this Objection must be henceforth exploded and LEVELLED to the ground Now because I find a clear Design and Endeavour in sundry Anabaptists Officers Souldiers if they cannot prevail to put down Tithes upon other pretexts yet to rob the Ministers of them at present if not in perpetuity upon this pretence to sequester and convert them to the use of the Army for the pretended ease of the people in their future taxes I shal for the cloze of this Proposition and prevention of this detestable impious Sacrilegious plot against our Ministers and Religion too propound and answer all such specious Arguments Pretences as may be produced by them to delude the people veil over the execrable Impiety and take off the odium of this prodigious Villany First they may and will suggest that they have some antient punctual Presidents to warrant countenance justifie this their Project As namely the practical example of Charles Martel King of France who about the year of our Lord 730. as the Marginal Authors report having perpetual wars and seldom or never peace in his Kingdom Ideo res Ecclesiarum suis Militibus in stipendium contulit maxima ex parte did thereupon bestow the Lands Revenues Rents and Tithes too as the Act of Restitution with others prove of Parish-Churches Monasteries Bishops Deans and Chapters upon his Souldiers for their Pay and Arrears for the greatest part And surely upon a very Godly and just reason as John Canne and some Army-Officers will swear thus expressed in his Decree recorded in Goldastus and Mr. Selden ut subveniatur necessitatibus Publicis et Salariis Militum pro Dei Ecclesiae bono statu Reipublicae uniuscujusque propria pace pugnantium That he might relieve the Publick Necessities and pay and reward the Souldiers fighting for the Church of God and the good of the State of the Common-wealth and the proper peace of every one as our Officers and Souldiers now say they do And is it not then most just they should have all the Lands Glebes and Tithes of the Church King Common-wealth and of every particular Person too who have fought all this while for them and their defence To this they may chance to adde the President of the Templers and Hospitalers who being no part of the Clergy but Religious Souldiers imployed only to fight in the defence of the Church were by special Bulls and Grants of several Popes exempted from paying any Tithes at all to any Ministers out of the Lands belonging to their several Orders Because they fought for the Church against her Enemies as Turks Saracens and other Infidels Therefore there is great reason equity all our Officers and Souldiers who have lately fought or are now or hereafter fighting for the Church against her Enemies and Malignants should be totally and finally discharged from paying any Tithes at all out of their Old or New Purchased Lands Leases Cattel Estates Spoyls Pay or other increase Besides most of our Army Officers and very many of the Souldiers are extraordinarily gifted inspired from Heaven and constant Speakers or Preachers transcending all Black-coated Ministers yea the undoubted new Ministers and Priests of Jesus Christ as many deem them So as they may be truly stiled a chosen Generation a Royâ—â— Priesthood yea Army of Priests being made Kings and Priests by Christ himself to God the Father as John Canne hath published in his Voyce p. 24 27 28 29. Therefore they may not only enter into our Ministers Churches Pulpits and dispossess them of them as he there asserts and presseth them to put in execution but be capable in right equity justice to receive all their Tithes to their own use Nay one step more John Canne in his Voyce p. 27. thus peremptorily concludes I will affirm and abide by it since it hath pleased the Lord to draw out the hearts of some Souldiers and others who were never brought up at Universities to learning publickly to preach which is not above 10 or 12. years the People of this Common-wealth have had more true Light and glorious Discoveries of Christ and his Kingdom than all the Nations Ministers ever before made known to them since first they took their calling from the Sea of Rome till this Day On the contrary the greatest Heresies and Blasphemies which have been in the world have been broached by Ministers and Scholars whereas Lay-men at the same time have been sound in the Faith and zealously earnest against such abominable Doctrines Therefore there is just ground that both our Vniversities and all Colleges for Advancement of Learning should be suppressed as the very poyson bane subversion of Religion Church and Common-wealths as some Souldiers and the Anabaptists generally deem them and their Lands as well as Bishops Deans
they proceed as Canne would have them to usurp our Ministers Office Rectories Glebes Tithes Churches to themselves and Suppresse our Ministers Churches Parishes as Antichristian I shall then justly suspect and others will confidently conclude they are the very Army of Priests prophecied of by Pope Gregory who shall forcibly usher and bring in Antichrist the King of Pride who exalteth himself above all that is called God or Worshipped that is above Kings Lords Parliaments and all Civil and Ecclesiastical Powers whatsoever as Expositors resolve into our Church and re-establish him in his Throne 8ly I never read in the Old Testament or New that Christ Authorized Commissioned or sent out any Captains or Souldiers to preach the Gospel or made choyce of such to be his Apostles and Ministers of the Gospel Surely had this been a part of their duty as Christian Officers and Souldiers John Baptist Christs forerunner would have instructed those Souldiers who came purposely to and demanded of him what shall we do in another manner than he did and said unto them Go and preach the Gospel and instruct the ignorant Souldiers and people publickly where ever you quarter in the first place and then Do violence to no man and accuse no man falsly and be content with your wages The only precepts he gave them Which our Army-Officers and Souldiers since they turned Preachers have much forgotten and neglected I read of 2. devout Centurions in the New Testament eminent for their faith piety Charity and of one devout Souldier yet neither of them a publick Preacher The first of these Colonels or Centurions built a Synagogue for the Jews and others to meet and preach in who were Priests and Ministers but I read not he ever preached in it publickly himself The latter Centurion is thus characterized Acts 10. 1 2. That he was a devout man and one that feared God with all his House which gave much Alms to the people and prayed to God continually but doubtlesse he never preached for then it would have been there recorded that he preached continually as well aâ— prayed Yea he was so far from this that when the Angel of God came to him in a vision he sayd Thy Prâ—yers and thine Alms not thy preaching therefore he preached not at all or if he did God accepted it not but disliked it as against his word and will are come into remembrance before God And now send men to Joppa and call for Simon Peter he shall tell thee what thou oughtest to do Whereupon he presently sent two of his Servants and a devout Souldier continually waiting on him but not on preaching for the Apostle Peter to preach to him his Friends and Family who repairing to him Cornelius goeth forth to meet him falls down at his feet worshippeth him talks with him brings him into his House where many were come together relates his vision to Peter mentioning again his Prayers and Alms but not his preaching concluding thus Now therefore are we all here present before God TO HEAR not preach all thingâ— that are COMMANDED THEE of God Whereas some Centurions Colonels Captains and Souldiers of this Age if Peter himself should come to their Assemblies or Quarters would be readier to teach and preach to him than to hear him and apter to be his Teachers than Auditors as these only were After which Peter preached to him and his company I find another sort of Captains and Souldiers in the New Testament Who went out and apprehended our Saviour Jesus Christ mocked him derided crowned his Head with Thorns stripped him of his Rayment put him on a purple Robe bowed their Knees before him in scorn saying Hayl King of the Iews blindfolded and then strook him with their hands and bade him prophecy who smote him guarded him to his Tryal carried and nayled him to his Crosse crucisied him between two Theeves pierced his side with a Spear gave him Gall and Vinegar to drink parted his Garments amongst them cast lots upon his Vesture and would have broke his Legs but that he was dead After which they watched and guarded his Sepulchre took large Mony of the Priests to smother the truth of Christs Resurrection by reporting a Lye that his Disciples came and stole him away whiles they were asleep who TOOK the mony and did as they were taught and are branded for ever with this Epiphomena These things therefore the Souldiers did After which some of this rank of Officers and Souldiers by Herods command killed James the Brother of John with the Sword apprehended imprisoned chained and most strictly garded the Apostle Peter in order to put him to death the next day but that the Angel of God miraculously delivered him Others of them apprehended bound and would have scourged Paul garded and carried him from prison to prison and when he was sent Prisoner to Rome when the ship was wracked and their lives saved only for Pauls sake they gave the Centurion counsel to kill Paul and all the other Prisoners lest they should escape from them by that wrack These Souldiers no doubt were truly Antichristian and if the Tree may be judged and known by its Fruits and Souldiers by their Actions and Intentions I doubt there are far more of this later sort than of the first in this Age and if John Cannes Voyce from the Temple be imbraced for Gospel in every point by the whole Army no doubt they will then be all of this later rank not the Ministers and Soldiers of Jesus Christ but of Antichrist alone and the Crucisiers of Christ again in his faithfull Ministers and Members which I desire them all sadly to consider 9ly Admit them to be made Kings and Priests to God the Father by Christ in a spiritual sence as all the Elect Saints of God are will it thereupon follow that they may all lawfully preach in publick administer Sacraments and exercise the proper Function of Priests and Ministers If so then by the self-same reason they may all lawfully exercise the office and power of Kings as well as of Priests as some of them do in the highest degree beyond all Presidents of any our Kings before them and so under pretext of suppressing our Monarchy and one sole King as dangerous and pernicious we shall have now no less than an whole Army of Kings to rule and reign over us and to engross not only all the old Kings Lands and Revenues but the greatest part of the Peoples far surmounting of a Million or two each year in Contributions and Excise to support their new Royal State and Dignity as well as an Army of Priests who have and would swallow up our whole Churches Revenues Glebes Tithes Patrimony and our Ministry too for to support their new Evangelical Priesthood that so they may resemble both Christ and Melchisedec in their Kingly and Priestly Offices united in one Person though not in the Title of their Kingdom as
being but â—ne intire Corporation or spiritual Body-Politique wherof Jesus Christ himself is the only head King Lord Law-giver High-Priest Chief Pastor Minister Advocate Saviour Foundation Corner-Stone and the successive Priests Ministers and Members thereof from the beginning to the end of the World serving worshipping adoring only one and the self-same true immutable invisible eternal Lord God according to his prescribed will and word and Jesus Christ himself the only High priest of this Church for ever receiving and God his Father prescribing Tithes for the Maintenance of his Priests and Levites both before and under the Law and no wayes abolishing but ratifying them in and by the Gospel as I have already proved There neither is nor can be any other particular kind of competent sitting standing setled Maintenance Reward or Recompence for all the Ministers of the Gospel evinced demonstrated out of Gods word which may be truly reputed moral natural divine universal perpetual and unarbitrary nor any other duly rendered from all Christians in all Ages places in Faith Conscience and sincere obedience towards God as such a maintenance but this of Tithes alonâ— independent on the lusts wills of men It being that which the Patriarchs no doubt by Gods prescription being paid in Faith both vowed and paid to God before the Law which God himself afterwards specially reserved prescribed and all his people duly rendered under the Law annexing many promised blessings to the true payment denouncing many threats curses to the sacrilegious Substraction or detaining of them that which Christ himself and his Apostles most specially pointed at commended ratified in the Gospel that which all Christian Kings States Magistrates Churches Christians under the Gospel in all Ages places have generally fixed upon approved asserted prescribed â—â—tified aâ— not only sacred and divine but as such a most â—â—â—t wâ—â—e equal excellent incomparable way of maintanance invented by the most wise God which cannot be matched much lâ—sse amended exceeded by all the policy wit oâ— wisedom of men being a most certain standing unvaâ—iâ—ble convenient Allowance in all Ages places seasons alterations how ever things rise or fall continuing unalterable like the weekly Sabbath as to the porportion or quâ—â—apaâ—â— in all vicissitudes of warre peace plenty scarcity famine and causing all Ministers to sympathize fare share alike with their people everie where be the times and seasons good or bad wet or dry plentifull or barren and giving them a competent share in all their Temporal Blessings without such toyl or labour as might interrupt them in their Ministry Studyes and furnishing them with a tenth part of every tythable Thing their respective Parishes yield for the food cloathing support of themselves Families Cattel or vendibles of somekind or other sufficient to buy what else they want This way of Maintenance therefore so sacred divine antient moral universal convenient equal unalterable and so long continuance in Gods Church in all Revolutions may not must not cannot be either totally abrogated substracted detained diminished nor changed into any other new fangled pretended more equal just certain convenient lesse troublesome Stipendiary Salary by any pragmatical Jesuitical Anabaptistical Atheistical Politicians Statists Powers or Legislators whatsoever without the highest Antichristian Pride Presumption Insolency and Exaltation of themselves above and against God himself whose special sacred Institution portion rent inheritance right and due they are particularly both by name and kind reserved prescribed by appropriated devoted to himself by his own command which all Emperors Kings Princes Potentates Powers Generals Armies Nations in the world have no Power or Jurisdiction to repeal disobey change alter no more than Tenants their Landlords antient Quitrents Services Tenures or Subjects Servants their Kings or Masters Laws Orders Mandates yea no more than they can change Gods weekly Sabbath into another different proportion of time or any other sacred Institution into a new superstitious humane Invention as learned Keâ—kerman in his System Polit. l. 1. c. 21. Polanus in Ezech 48. v. 14. Dr. Carlton and Dr. Scalter in their Treatises of Tithes assert and prove at large This divine Right of Tithes even under the Gospel which I have pleaded for hath been constantly asserted in all Ages since the Apostles times till now by Fathers Councils the Laws Edicts of Christian Emperors Kings Parliaments Canonists Casuists Schoolmen Historians Lawyers Popish Protestant Divines of all sorts and Nations Dr. Richard Tillesly in his Animadversions upon Mr. Seldens History of Tithes printed London 1619. p. 3 to 30 hath colected a Catalogue of no lesse than 72. such Authorities in a Chronological method before the year of our Lord 1215. as have asserted their Ius Divinum in all Ages before that whereof Irenaeus flourishing in the year of Christ 180. is the first and the Constitutions of Fredericus the second the last where those who please may peruse them Mr. Seldens laborious History of Tithes and Review especially ch 5. 6 7 8 9. supplies us with many more Authorities of this kind in succeeding times especially with our own Domestique Laws and Councils to whom I refer the impartial Reader and to Dr. Tillesly Dr. Sclater Mr. Mountague Mr. Nettles and Sir James Semple their Animadversions on and Answers to his History If any desire further satisfaction in this point let them peruse Andr. Hispanus De Decimis Tractatus Petrus Rebuffus and Tyndarus De Decimis printed Colo. 1590 Gaspar Boetius De Deciman Tutori Hispanico JURE praestanda Grav 1565. Ignatius Laserte Molina De Decimis Venditionis Permutationis Ioan. Giffordus Moderata Dissertatio de Ratione alendi Ministros Evangelicos Hanov. 1619. Gulielmus Redoanus De Rebus Ecclesiae non aliendis Ven. 1589. De Spoliis Ecclesiae Romae 1585. Alexander Stiaticus Repet in Extrav Ambitiosae De Rebus Ecclesiae non aliendis Alph. Villagus De Rebus Ecclesiae non ritè alienatis recupeâ—andis Bon. 1606. a Treatise of hard digestion in these sacrilegious times Sir Henry Spelman De non temerandis Ecclesiis Dr. John Prideaux Orat. 5. De Decimis Dr. Edward Reynolds Explanation on Psal 110. v. 4. Gul. Zepperus Legum Mosaicarum Explanatio l. 4. c. 40. And learned Hugo Grotius who thus concludes in his Book De jure Belli Pacis l. 1. c. 1. â—ect 17. p. 9. deservedly magnisied by all Scholars Lawyers Politicians Souldiers and therefore I close with it to stop all their mouths at once I exvetus de Sabbato altera De Decimis monstrant Christianos obligari nec minus Septima temporis parte ad cultum divinum Nec minus fructuum Decima in alimentum eorum qui in sacris Rebus occupantur auâ— similâ—s pios usus seponant Resolving the tenth part of mens increase at least and no smaller proportion to be as justly morally perpetually due to God and his Ministers under the Gospel from all Christians as the weekly Sabbath and seventh part of their time and no
of the Tithes of some Thousands of our best Benefices unto Abbies and Monasteries and robbing the Ministers of them to whom only they were given by God himself and the first Donors for their Maintenance to the great prejudice both of the Ministers and People was one principal cause that by a Divine Judgement and Providence beyond all mens expectation the Pope and they were both suppressed together on a suddain even by him who not long before had justified his usurped Supremacy against Luther and for which he had received this ominous Title from the Pope DEFENDER OF THE FAITH God grant our New Defenders of the Faith do not as ill â—â— quite those Persons Powers who first commissioned them with their Arms to defend our Faith Church Religion against Iesuites Papists and their Confederates in the Field as King Henry did the Pope after this new Moâ—â—o 7ly That ouâ— God blessed honoured us with the first incomparable Protestant King in the world no Papist but a REAL SAINT beyond any of his years in this or former Ages even young KING EDWARD THE SIXT the first King I read of who by publick Laws and Statutes suppressed banished all Popish Pictures Ceremonies Superstitious Monuments Practices Abuses throughout his Dominions and established the true worship Service Sacraments Ministers and Ministry and Gospel of Christ throughout his Dominions for which all Ages shall call him blessed no waies embesselling or diminishing the Churches Glebes Tithes or Revenues and enacting a New excellent Law for Tithes recovery when detained But God taking him suddenly from hence to a better Kingdom and his Successor Queen Mary defacing deforming his blessed Reformation and restoring both the Pope and Popery again almost to its former height except in point of Monkery which the defacing of the Monasteries prevented 8ly God then blessed our Church and Kingdom with an unparallel'd Protestant Princesse Queen Elizabeth a Nursing Mother to the Church who demolished the whole Body of Popery with the Popes revived usurpations again by publick Acts established the reformed Religion again in greater beauty and purity than at first banishing all Jesuites and Seminary Priests as Traytors restored the exiled Ministers of the Gospel suffering for Religion rewarding them with the rechest Bishopricks and Church-Preferments and planting a faithfull painfull preaching Ministry by degrees in most dark corners of her Dominions endowed them with a setled competent maintenance which our subsequent Protestant Kings continued to them and their Successors without diminution All which considered we of this Isle may with much thankfulnesse to God and honour to our Princes without flattery averr before all the world That the forecited Prophecies of Kings being Nursing Fathers and Queens Nursing-Mothers to the Church and specially Kings and Queens of this Isle have been more really accomplished in the Kings and Queens of this our Island than in the Kings and Queens of any other Isle Kingdom or Nation whatsoever throughout the world and God grant that those who shall succeed them in any other New modelled-form of Government may not prove such Step-Fathers and Step-Mothers to our Churches and Ministers as to demolish the one and strip the other quite naked of all that former Livelihood and remaining small Revenues which they yet enjoy by our Princes Grants Gists Charters Laws and Favours only and thereby give all Godly Ministers and people too in our Nation just cause to cry out with wringed hands weeping eyes and bleeding hearts in the Prophets words Hosea 10. 3 4. For now they shall say We have no King because we feared not the Lord What then should a King do to us or amongst us They have spoken words Swearing falsely in making a Covenant Thus Iudgement springeth up as Hemlock one of the deadliest Poysons to destroy men in the fields Or else to speak in Solomons language to the same effect Prov. 28. 2. For the transgression of a Land many are the Princes thereof as our Land had never so many Transgressions and Princes too as now But by a Man of Vnderstanding and Knowledge and where is such a one to be found to stand up in a Gap the state thereof shall be prolonged Now the Lord raise up such a Man or Men lest God say to our Nation and all Grandees in Power as he did once to the prophane wicked Prince of Israel whose day was come Ezech. 21. 25 26 27. Remove the Diadem and take off the Crown this shall not be the same Exalt him that is Low and abase him that is High I will overturn overturn overturn Church State Laws and it shall be no more untill he come whose Right it is and I will give it him To prevent these treble fatal over-turnings with the wiping and turning of our Jerusalem UPSIDE DOWN like a Dish a certain Fore-runner of a Churches Nations ruine 2 Kings 21. 13. Psal 146. 9. I shall now in the last place present the whole Nation with a brief Catalogue of those manifold Laws Statutes which our Kings have successively made in their Great Councils and Parliaments almost from the very first establishment of Religion in our Island for the due payment of Ministers Tithes by coercive Means Forfeitures Penalties in case of willfull detaining or neglect in paying all or any part of them at the times appointed which those who please may peruse in Câ—ronicon Johannis Brompton Mr. Lambards Archaiâ—n Sir Henry Spelmans Councils Mr. Fox his Acts and Monuments John Bridges his Defence of the Government of the Church of England Book 16. p. 1350. Our Statutes at large and Mr. Rastals Abridgement of Statutes Title Tithes which Laws being well known to most learned men are therefore needlesse fully to transcribe The first of them is the forecited Law Decree of the Council of Calcuth under King Oswald and Oâ—â—a An. 787. of famous King Alfred Anno 787. of King Alfred and Gutburn the Dane cap. 9. De Decimis Deo Debiâ—u about the year 890. of King Edward the elder and Gutburn Anno 905. or 906. as some Cap. 6. in some c. 9. DE DECIMIS ET CENSU ECCLISLE RETENTIS of King Aethelstan made in the famous Council of Gratelean An 928. cap. 1. DE DECIMIS REDDENDIS tam ex Animalibus quam de fructibus terrae which this King himself duly paid and then enjoyned all his great Officers and People duly to render of King Edmond An. 944. c. 2. concluding Qui non solverit ANATHEMA ESTO Of famous King Edgar Anno 967. c. 3. DE DECIMIS Canon 54. of the Kings and Presbyters of Northumberlana made a little after that time Lex 51. of King Aetâ—elred An. 1012. c. 1 4. of King Knute the Dane An. 1032. c. 8. but 15. in some Copies De Decimis reddendis c. 11 17. and a Statute law against obstinate Detainers of Tithes there stiled JURA ET DEBITIONES DIVINAE of King Edward the Confessor about the year 1060. confirmed verbatim by William the
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
assensum vero non praebeat improvide affirmantibus non debere esse res Dominicâ—s id est Domino Dominantium traditas Itaque sub defensione Regis sit et sicuti suae propriae haereditati magisque advertat Quia quantò Deus excellentior est hominibus tanto praestantior est Divina causa mortalium possessione Quocirca decipitur quisquis plus in propriis quam in Dominicis rebus gloriatur Quarum Defensor et Custos divinitatis Constitutiones diligenti cura non solum eas servare sed etiam multiplicare debet Si quis igitur insanus importunitate illa quae diximus praestantior a quà m sua defendere oportet augmentare Si quis igitur insanus importunitate improbitateque sua Regem a recto proposito pervertere tentaverit nullisque remediis mitigari posse visus fuerit licet obsequiis aliquibus transitoriis sit necessarius abscindendus ab eo projiciendusque est juxta illud Evangelium Si pes manus aut occulus tuus scandilizatâ—te erue eum projice absâ—te Since then Christian Emperors Kings Princes in Forein parts and our own Kings and Parliaments in and by all the forecited Laws and Statutes yet in force have established Tithes and other Duties on our Clergy and Ministers of the Gospel and thus publickly branded the negligent or wilfull detainers sustractors of this just Debt and Duty prescribed by our Laws with Warrant from the Old and New Testament for evil disposed persons not regarding their duty to Almighty God which therefore none who claim their Power from or for God should now regard or countenance in the least degree enforcing them by actions at Law Imprisonment payment of treble Dammages excommunications and the like coercive wayes to render to them Tithes at last to their loss Why Christian Magistrates should not still enforce the obstinate detainers of Ministers Tithes and defrauders of them in their just Dues and merited rewards for their Ministery as hath been formerly practised in all ages and places too Let all Anti-tithers who would be Lawless as well as Titheless and Godless resolve me when they can and if they deem themselves above all humane Laws and Penalties so long as they wear their swords by their sides for defrauding our Ministers of their lawfull Tithes and Dues let them then chew the cudd upon this Evangelical Precept backed with the strongest coercive power both in Heaven and Earth 1 Thes 4. 6. Let no man go beyond or defraud his brother much less then his Minister in any thing therefore not in Tithes due by Divine and humane Right mark the reason Because that the Lord is the avenger of all such things as we have forewarned and testified And what vengeance God will take of such who defraud their Brethen and Ministers of their debts and necessitate them to sue them at the Law to recover their Rights he resolves in the 1 Cor. 6 7 to 11. Now therefore there is utterly a fault among you because you go to Law to wit before Heathen Judges or without just cause one with another the greatest if not only fault being in the Defrauder and Detainer why do ye not rather take wrong why do ye not rather suffer your selves to be defrauded Nay why do you wrong and defraud and that your Brethren and which is more rob your Ministers yea but what harm or punishment will follow on it Mark it O all ye Saint-seeming Hypocrites who are guilty of it Know ye not That the unrighteous who thus wrong and defraud their Brethren and Ministers which is worse shall not inherit the Kingdom of God Be not deceived neither Theeves nor covetous and such are all those who rob and defraud their Ministers of their Tithes and Duties shall not inherit the Kingdom of God no more than Fornicators Idolaters c. with whom they are here coupled Let all those then who are guilty of this damning sin which disinherits them of Gods Kingdom now seriously repent and reform it with all such who have abetted or confederated with them herein that so I may adde with the Apostle in the next words And such were some nay all of you but ye are washed but ye are sanctified but ye are justified in the name of our Lord Jesus and by the Spirit of our God And now to cloze up this Chapter I shall desire all Anti-Tithers who have already in their heady Resolutions resolved to abolish not only all our Ministers Tithes and antient Dues established by the Lord himself in the Old and New Testament with all the forecited Laws Statutes Ordinances for the true and due payment of them but all other coercive maintenance for their future subsistence if not their very Rectories Glebes and Fabricks of our Churches devoted for a prey by divers sadly and seriously to consider these ensuing particulars 1. That herein they shall shew themselves not only worse by thousands of Degrees than our forementioned Kings and Queens who built and endowed our Churches with Glebes Tithes and a liberal Maintenance and worse than the most of all their Ancestors Protestants or Papists who have hitherto continued confirmed established them by successive Laws but even worse than the worst of Turks and Insidels who alwaies heretofore and at this very day have and do allow their Mahometan and Pagan Idolatrous Priests in all places a liberal competent setled Salarie and erect magnificent Temples to Mahomet and their Idols exceeding most of our fairest Christian Churches both for beauty and number as you may read at large in Pulchas Pilgrimage Alexander ab Alexandro Hospinian De Origine Templorum and others And to give you one instance for all There are no lesse than 700 Moschees or Saracinical Temples in Fesse a Mahometan City in Barbary the chief whereof is Carven being a full mile and an half in compasse It hath 31 Gates great and high the Roof is 150 yards long and 80 broad the Steeple very high the Ornaments rich and stately Round about it are divers Porches containing 40 yards in length and 30. in breadth About the Walls are Pulpits of divers sorts wherein the Masters and Priests of their Law read to the People such things as they think pertain to their Salvation The Revenue of this Temple alone Anno 1526. was no lesse than 200. Duckets a day of old rents The chief Church in Morocco is bigger though not altogether so fair as that of Fesse and hath a Tower so high that the Hills of Azafi being 120. miles distance may be seen from thence as Leo Purchas and Heylin write These Temples and others are adorned with marble Pillars and curious Mosaicks carved works of all sorts Their Priests and Readers of the Law have a liberal Stipenâ— with Books and lands likewise allowed them and are had in very high estimation and Reverence both with their Kings Magistrates People the Califfs there receiving likewise the tenth Measure of Corn yearly from the People
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
an higher proportion as heretofore though they take their Tithes to boot without easing them one farthing in their Contributions as in case of the Kings Princes Bishops Deans and Chapters lands Surely these Officers and Souldiers who pretend so much liberty and ease to the people in words and still so oppress them in deeds as not to ease them one penny in their former unsupportable Taxes Excises which their Ancestors never knew nor paid under which they have for some years groaned though all Ireland be now reduced England in peace within it self and Scotland under Contribution and take upon them to impose such illegal Taxes now without any Parliament by their own Super-Regal Authority transcending all Presidents of our Kings and their Councils out of Parliament can never be presumed to tender their Ease and Gain so much as to permit them or their Land-lords to put up into their own private Purses so great and constant an Annual Revenue as their Tithes amount to unto which they have neither legal Right nor Title but will appropriate it to themselves as they have done Church-Land and Crown-Land too for their future pay or past Arrears and some of them have confessed so much And which then think you will prove the better Tithe Lords Ministers or Souldiers For the third Branch That the abolishing of Tithes will be a loss and detriment to all others excepting Land-Lords and Landed men I shall thus demonstrate 1. It will be so to all our Ministers and their families Tithes being their principal livelihood 2ly To all such Colleges Hospitals Corporations Schools all or part of whose Revenues depend on appropriated Tithes and Rectories and to all their Farmers and Families 3ly To all impropriators and their Lessees which are very many there being by Mr. Cambdens and others Computation 9284. Parishes in England whereof 3845. of the best value for the most part are impropriated or appropriated And the abrogation of Tithes without giving competent recompence to all Impropriators as well body Politicks as natural and their Lessees which how it can be done now Bishops Deans and Chapters Lands devoted and voted once for their satisfaction are sold to pay the Souldiers I cannot yet discern will ruine many Colleges Hospitals Schools with other Corporations and thousands of families depending on them 4ly All Tenants and Farmers will be losers by it in their estates as well as souls For then the Land-lords will raise the full improved value of their abolished Tithes in their Fines and Rents and if they have a godly able Minister to instruct them for their Salvation and spiritual Weal they must hire and pay him out of their own private purses only while their Land-lords or others purse up their Tithes whereon now their Ministers live without further charge unto them and which is more chargable they must pay their Ministers share of Taxes and other publick Payments to boot out of their own purses and estates which now are defrayed wholly by Ministers themselves And so instead of hoped Ease by Abolishing Tithes they shall but draw a causless perpetual Charge on themselves and their Posterities as our New Projectors have done by the sale of all the Crown Lands and Revenues to themselves and their Friends and Souldiers at easie rates to enrich themselves which should have defrayed all publick Ordinary Charges as they ever have done which now must be raised out of the peoples private purses only whiles these New Statesmen and Souldiers purse up and enjoy the publick Revenues which should defray them and Tax the impoverished Nation at what extraordinary uncessant Rates they please and then dispose of them as their pleasures when levyed to themselves and their Creatures the only way to make our Taxes both Easeless and Endless to the peoples utter ruin and their own extraordinary enriching by their spoils 5ly The poor people in every Parish will lose the charitable relief they receive from their Ministers who in many places were and still are a grest relief to the poor and impotent by their liberal Charity and Hospitality now much decayed by heavy and endless Taxes and unconscionable Substractions of their Tithes by Sectaries Souldiers and lawless Covetous Earth-wormes 6ly I must truly inform and tell all such Farmers Tenants and other deluded Countreymen who think to gain much ease and profit by the abolishing of Tithes for the future they shall soon repent of and be doubly burthened hereafter to the uttermost improved value of them in the augmentation of their Taxes to the Souldiers who will be harder new Iron Land-lords Tithe-lords to them than their Ministers now are This was St. Augustines observation long ago recorded by Gratian Bochellus with many others and made good by many practical Experiments in former and latter ages His words are these Our Ancestors did therefore abound with plenty of all things Because they gave Tithes to God and rendred Tribute to Caesar Modo autem quia decesserit Devotio Dei accessit Indictio Fisci Nolumus partire cum Deo Decimas modo tollitur totum Hoc tollit fiscus quod non accepit Christus That is But now because our devotion to God in paying Tithes is departed the Sequestration of the Exchequer is come both on Tithes and Lands We would not pay our Tithes unto God now the whole is taken away in Taxes and Sequestrations The Exchequer sweeps away that which Christ doth not receive And how many have found this true in our dayes by Sequestrators and Swordmen who have sequestrâ—d all the Profits of their Lands as well as their Tithes and the Ministers Tithes and Glebes to boot He addes This is a most just Custome that if thou wilt not give God his Tenth thou shalt be reduced to a Tenth of thy Estate Et dabis impio militi quod non vis dare Deo et sacerdoti and thou shalt be forced to give that to a wicked Souldier which thou wilt not give to God and thy Pious Minister This the whole Synod of Lingon in France Anno 1404. declared for and observed as a truth in those daies And Angelus de Clavasio in his Summa Angelica Tit. Decima sect 20. in his time Petrus Blesensis Arch Deacon of Bath who flourished about the year of our Lord 1160. writes thus to the Cistertian Monks who had then procured from the Pope a Bull of Exemption from paying Tithes out of the Lands and Possessions of their Order Epist 82. ad Cistercienses You know that Covetousness is the root of all Evil yet it is said and we relate it with tears that this Mother of Transgression this Mistris of Ambition this Captain or Ringleader of Iniquity this Wagoner of Mischief this Cuâ—â—broat of Vertues this Original of Sedition this Sink of Scandals hath dared to break in even to your Congregation the Voâ—es and Tongues of all men would be loosened into the commendation of your Sanctity if you did not forcibly snatch away that which is
Historians record That for this his Sacrilege â—e was smitten with a long and terrible Convulsion of all his Members whereof he died in great anguish that Eucherius Bishop of Orleans in a Vision SAW HIM DAMNED FOR IT and that upon search made in his Tomb by an Angels Admonition it was also confirmed for truth no relique of his Corps being found therein but only a dreadfull Serpent Apud Frances Carolus Martellus insignis vir fortitudinis exactis vitae suae diebus in Ecclesia beati Dionysii legitur esse Sepultus sed quia Patrimonia cum Decimis omnium fere Ecclesiarum Galliae pro stipendio commilitonum suorum mutilaverat miserabiliter à malignis Spiritibus de Sepulchro corporaliter avulsus usque in hodiernum diem nusquam comparuiâ— as Matthew Westminster stories of him 2ly The censure passed against him for this Sacrilegious Robbery by the Marginal Authors and others especially by Agobardus Bishop of Lions An. 828. in his Book De Dispensatione Rei Ecclesiasticae contra Sacrilegos worthy the reading who thus complains p. 269. Nunc non solum possessiones Ecclesiasticae sed ipsae etiam Ecclesiae cum possessionibus venundantur c. Which he condemns as detestable Sacrilege execrable to God and men By Petrus Damianus Anno 1060. l. 1. Epist 11. where he gives this censure of his practice and others Inter omnia vero hic mala Illud excedit et Diabolicam fere modum videtur aequare nequitiam Quia praediis in Militem profligatis c. Moreover among all wicked Acts this exceedeth and seems almost to equal the very wickednesse of the Devil That all the Farms and Possessions of the Church being prodigally spent upon Souldiers insuper etiam et Decimae plebes adduntuâ— in Beneficium Secularibus Moreover Tithes and people are likewise added and conferred on these Secular men for a reward which in hiâ— lib. 4. Epist 12. lib. 5. Epist 9. he stiles a great Sin Sacrilege and Prophanation of holy things concluding What is it to turn Tithes to the use of Souldiers and Secular men nisi mortiferum iis virus quo pereant exhibere but to give them deadly Poyson whereby they may perish Petrus Blesensis Arch-deacon of Bath Epist 82. Joannis de Belith De Divinorum Officiorum Explicatione c. 5. write much to the same effect making it a greater Robbery and Sacrilege to take away Ministers Tithes though it be by the Popes own Bulls than violently to take away and plunder Mens Horses as they are riding or carâ—ing in the High way and convert them to their proper use as Souldiers use to do 3ly Let them remember That Charles Martels immediate Successors so much detested both his practice and Sacrilege that by publick Edicts they decreed in these terms That the Tithes and Ecclesiastical Lands and Goods seised upon by prophane Persons so they stiled the Souldiers possessing them should be all restored and so they were accordingly and those Harpyes robbed of their Sacrilegious prey Let the late Purchasers of such Tithes and Lands remember it and think of a possible if not probable Act of Resumption in case they make no voluntary restitution 4ly Let them consider the large Revenues the Popish Clergy at this day enjoy in France amounting to above 12. Millions of Annual Rents at a moderate value besides mony and oblations as Bodine Thuanus Hist l. 28. Ioannes de Laeâ—y Descriptio Galliae c. 17 18. record To which â— might adde the extraordinary great Revenues of the Popish Clergy in Spain recorded by Lucius Marinaeus Siculus Ioannes de Laet in his Hispaniae Descriptio cap. 20. Jo. Boterus in his Hist Universalis and of the Popish Clergy in the Kingdom of Naples in Italy registred by Thomas Segethus De Principibus Italiae p. 121. Which they still enjoy notwithstanding their manifold Wars without sale or Diminution for their Soldiers pay And will it not be an intollerable Impiety Sacrilege dishonor for Protestant Souldiers and our new Republick not to allow our Ministers so much as their inconsiderable remaining Rectories Glebes Tithes to support our Religion and instruct and save the Peoples Souls 5ly The reason rendred by Martel and others That the Officers and Souldiers deserve the Lands and Tithes of the Church and Ministers because they fight for the defence of the Church is very strange and just the self-seeking Plea and Practice of sundry of our Officers and Souldiers at this day scarce to be parallel'd in any Age 1. They were raised for the Defence and Preservation of the late Kings Person Posterity and just Rights of his Crown Ergo in discharge of this Trust they have most justly sentenced beheaded the King outed dis-inherited his Posterity and seized upon all the Crown-Lands and Revenues in his three Kingdoms for their own use pay support reward and inheritance 2ly They were raised and fought for the preservaâ—irn and defence of the Kingdom Parliament and Members Privileges and Laws and Liberties of England Therefore they have justly by armed violence invaded subverted them all disposed of all the Common wealth and Revenue of the Nation to themselves and their Instruments to support themselves and their usurped Arbitrary Power and Government over us and may null and pull down not only our Old but their own New created Parliaments and State-Councils as they stile them and change both Government Governors at their pleasure 3ly They fought for the particular Defence Peace Safety of every mans Person and Estate in our three Kingdoms Therefore they may seize upon and dispose of all their Persons Lands Estates at their pleasures and impose what Taxes Excises Imposts they list and exercise a legislative absolute Arbitrary and Tyrannical Power over them without a lawfull Parliament to eat them quite out of all Lastly They fought for our Church Ministers Religion Ergo they may subvert them all and seise upon all Church-Lands Revenues Rectories Glebes Tithes yea Churches and Church-yards too for to reward support and pay the Army and possess themselves of what ever our Ancestors setled on the Church and Ministers to instruct and save the Peoples Souls as a just Salary for killing their Christian Brethrens Bodies and destroying the peoples Souls and Bodies too Certainly the worst Enemies they fought against would not could not have done worse than this nor yet so bad This certainly is a Devastation Destruction not a Defence or Preservation of what they were raysed and payed to protect an Invasion and Depredation not a Patronage and Protection a Remedy more destructive than the worst Disease War Enemy who could but have stript us of no more had they conquered us than these our new armed Defenders of the Faith Church King Parliament Laws and Liberties have done or intend to do as many fear It was John Baptists Evangelical Precept to all Souldiers whatsoever Do violence to none in Person Lands or Estate much lesse to Ministers privileged by the
Law of War from Violence and to be content with their Wages without seising sequestring invading the Lands Estates Glebes Tithes Persons of Ministers King and Members or any others they fought for who never raised nor waged Souldiers to deprive them of their Patrimonies Estates Callings Rights Laws Liberties Privileges of Parliament Government Governours but only to secure them in the sull possession of them all This new Martial law and practice then is both irrational and unevangelical fitter for professed Theeves Turks and Pyrates than Christian Souldiers and far different from the foresaid Christian Souldiers practice in former Ages who as they would by no means be engaged by their Pagan Emperors or Generals commands to fight against any of their Christian Brethren choosing rather to obey God their Supream Emperour than Men So the famous Thebean Legion of Christian Souldiers and their Officers under Julian the Apostate when he commanded them to bring forth their Arms against the Christians returned him this most Heroick Answer worthy to be written in Golden Letters briefly fully and elegantly expressing the Duty of every true Christian Souldier in all Ages and Cases Offerimus nostras in quemlibet hostem manus quas sanguine innocentium cruentare nefas ducimus Dexterae ipsae pugnare adversus Impios Inimicos sciunt laniare pios et Cives nesciunt Meminerimus nos and O that our Army-Officers and Souldiers would remember it likewise Pro Civibus potius quam adversus Cives arma sumpsisse Pugnabimus semper pro Justitia pro pietate pro innocentium salute not for Kings Bishops Deans Chapters Ministers Lands Revenues Tithes Estates the things now fought for Haec fuerunt hactenus pretia periculorum Pugnavimus pro fide quam quo pacto conservemus tibi Imperatori Si hanc Deo nostro non exhibemus O that this Resolution were now engraven in every Army-Officers and Souldiers heart our Ministers then needed not to fear the losse of their Tithes Rectories Churches nor our Universities Colleges Corporations or any other the disinherisâ—on of their Lands Laws Liberties Powers by Military Rapines violences and usurpations 6ly The Exemptions of the Hospitalers and Templers Lands from paying of Tithes was a meer Papal Innovation and Devise which Canne who pleads so much against Tithes upon this mistake that they are Popish and all his Confederates should be ashamed to own and imitate The Israelites Gods own people during their possession of Canaan had many forein and Civil wars in most of their Judges Kings and High Priests successive Reigns and Roman Governours over them yet we never read that any of their Generals Officers or Souldiers fighting for their Churches Priests and Religions Defence against forein or Domestique idolatrous Enemies pretended the least Exemption of their Lands or Estates from paying all their antient forementioned accustomed Tithes to the Levites Priests and Poor noâ— any Christian Souldiers else but the Popish Templers and Hospitalers for the Lands conferred on their Orders not for their private Inhabitances And if Souldiers be obliged to pay Tithes of all their Spoyls and Gains of war as I have abundantly proved much more then of their real and personal Estates as well as any others not in armes especially where they are well paid and war not on their own expences but other mens purses Amongst the Jewes we never read of any Taxes Tributes or Contributions imposed on the Cities Houses Lands or Tithes of the People and Levites for the maintenance of wars or pay of Souldiers from which even Artaxerxes a heathen Conqueror exempted them by an express Decree Ezra 7. 24. Yet they received Tithes of all their Kings Generals Captains Souldiers as well as Peoples Lands and increase both in times of war and peace But our Army-Officers and Souldiers now receive above the Tithes of all our Ministers Tithes Glebes in Monthly Taxes and Contributions by arbitrary illegal Impositions without their or Consents in Parliament contrary to their â—ntient Privileges all former Presidents and our Laws Therefore there is all Equity and Justice they should receive the Tenths both of their Lands Goods and Gains of war too and that no Officers or Souldiers should be exempted from Tithes as the Templers and Hospitalers were who had no other Pay or Salaries but their Lands and received no constant Contributions from the Clergy Xenophon that famous learned Greek Heathen Commander having made the most Noble retreat we ever read of in Story out of the upper part of Asia with ten thousand men through mountains frost and snow in memorie of his thankfullness to the Gods for this safe return separated the Tenth of all the Spoyls that his Army had gained in the wars and by general consent commited them to the Captains to be dedicated to Apollo and Diana That for Apollo was layd up at Delphos in the Athenean Treasury but with that other Tenth Dianas share Xenophon himself purchased a Peece of Land and built thereon a Temple and an Altar to Diana and appointed the Tenth of the yearly increase for ever unto it This Pagan Commander and his Captains and Souldiers were so far from exempting their Lands from Tithes to their Idol-Deities that they Tithed the very Spoyls of their wars to them and built and endowed a Temple to Diana with Lands and Tithes out of their own â—ands and Estates for ever Which shall for ever silence and shame those Christian Army-Officers Souldiers Templers and Hospitalers who would exempt not only their Spoyls but their Lands and Estates from all Tithes to God and his Ministers because they are Souldiers and pretend to fight for their Defence 7ly This Reason that they should enjoy not only their own but our Ministers Tithes because they are an Army of Preachers and Priests and more Officers Souldiers in the present Army Preachers or Speakers as they phrase them than ever in any Army in the world before hath frequently minded me of that saying of Pope Gregory the first which famous Bishop Jewel much insisted on concerning Antichrist The King of Pride Antichrist is at hand and which is an horrible Thing to be spoken Sacerdotum est praeparatus Exercitus an Army of Priests is prepared to gard and usher him in Certainly I never heard nor read of such an Army of Priests as our Army now is before wherein there are not only some hundreds of disguised Popish Antichristian Priests and Jesuites as most wisemen conceive under the disguise of Souldiers preaching venting many notorious Errors Blasphemies and Antichristian Tenents to infect the Army and Nation too but many preaching Colonels Captains Officers Souldiers of all sorts not a preaching General as some say too And among others one of these Army-Preachers not long since published a Book with this Title Antichrist with us by John Spittle-house a member of the Army printed at London 1648. which intimated to me at first sight that Antichrist was in the Army and truly if
the Apostle interprets it Hebr. 7. 2. being by Interpretation KING OF RIGHTEOUSNESSE and after that also King of SALEM which is KING OF PEACE which Souldiers who make a gainfull Trade of War and Rapine delight not in 10ly I do affirm and will abide by it that since the time some disguised Popish Priests Jesuits Sectaries Hereticks Anabaptists and other Seducers rather than the Lord drew ouâ— the heart of some Souldiers and other Mechanicks in truth or disguise publickly to preach the People of this Common-wealth have had more abominable false damnable atheistical Antichristian Heresies Errors Blasphemies New Opinions and old exploded Heterodox Heresies and Tenents of all sorts whatsoever against the very Essence Nature Attributes of God himself the three sacred Persons in the Trinity the Old and New Testament Law Gospel all the fundamental Articles of Faith and Salvation the Sacraments Ministers Ordinances of God and practical publick private Duties of Piety and Christianity under the Names and specious Titles of New Lights and glorious Discoveries of Christs Kingdom broached by Souldiers and Lay-Preachers than in all the times since the Gospel was first preached in this Island and more than ever any one Age Church Nation or all our Ministers put together since the Creation till now were guilty of and these publickly averred both in Presse and Pulpit and the Authors of them exempted from any corporal or pecuniary punishments by the Civil Magistrates by the avowed printed Positions and Proposals of the General Council of Army-Officers and Souldiers in sundry Papers For full and infallible proof whereof I shall remit the Reader to Mr. Edwards Gangrenaes the Catalogues of the Heresies Blasphemies Errors collected by the London and Devonshire Ministers the Stationers Beaconfired and New Law p. 78 97. Which stiles Heaven Hell the resurrection of the Flesh a Dream of our Preachers The History of the Scripture an Idol c. And all this by the malice of Satan the underhand practices of Jesuites and our Popish Adversaries to defame ruine our Church Ministers Religion seduce thee to Popery Atheism and reduce us back to the Antichristian Tyranny of the Sea of Rome as I have largely manifested in the fifth Chapter Whereas Canne cannot charge our Parochial Ministers and Presbyterians with any such Blasphemies Heresies Errors as those he pleads for are guilty of in the highest degree nor with those Jesuitical treacherous perfidious sacrilegious unclean beastly ranting unrighteous prophane atheistical Innovations Practices Rapines Usurpations as they have plunged themselves into over head and ears without any Conscience or dread of God or Man 11ly What that more true Light and glorious Discoveries of Christ and his Kingdom made known to the people of this Common-wealth within these 10 or 12. years by the publick preaching of some Souldiers and Laymen exceeding all the Nations Ministers ever made known unto them before are is concealed by Canne and unknown to me or others unless it be the flat atheistical denyal of God of Christ and all his Offices of the Holy Ghost Scriptures Sacraments all publick Ordinances in the Church of all Kings Princes Parliaments lawfull Magistrates Laws Oaths Vows Covenants Protestations Engagements by many of them in their words writings and most of them in their works with their Jesuitical positions plots practices recited in the fifth Chapter And if these be not true infernal Darknesse and clear inglorious Discoveries of Antichrist and his Kingdom in the highest Degree that ever yet appeared amongst the people of this Common-wealth let the fifth Chapter with the positions and practices themselves compared with the Old and New Testament determine 12ly The decrying of our Vniversities Colleges Schools of human Learning Innes of Court and some mens endeavouring to seise upon their Lands and Revenues for the Armies use is no doubt a Jesuitical Papal plot to extinguish the light of our Knowledge both Divine and humane by puting out the Eyes of our Nation that so Jesuitical Popish darkness might over-spread our Church and State and so the blind leading the blind in both they must fall into the Pit of Destruction in a moment It is storied of Julian that blasphemous Apostate and professed Enemie of Christ and Christian Religion That he suppressed all the Schools of Christians prohibiting by general Laws and Decrees that any should profess practice or study any Arts or Sciences in any Schools that so they might become and remain Ideots without learning and so be insufficient and unable to preach the Christian Faith oppose or refute any Pagan or other Errors Blasphemies against the true God and his worship devising by all means possible whereof this was one of the Principal TO MAKE WAR AGAINST JESUS CHRIST and extirpate Christianity without shedding any Christian blood finding by experience that the Christian Faith and Christians were greatly increased by the torments and blood of the Martyrs So that bloody Apostate from and Persecutor of the Christian Faith Lucius the Emperour as he ruined the Churches Temples he commanded to be built for Christ cast out of his House Service and all Offices and place of Command whatsoever he that was a Christian commanded all those Christians to be slain who would not adore his Idols prohibited all Assemblies of Christians either for worship or consultation so he was such an Enemy to Learning that he named the same as some do now A Poyson and common Pestilence and the Overthrow of Common-wealths and especially the knowledge of the Laws And thought no vice worse became a Prince than Learning because he himself was unlearned and thereupon prohibited Schools and Meetings for Instruction Whereas on the contrary Constantine the Great and all other Godly prudent Christian Emperors Kings and Princes founded Schools of Learning and Universities in all places encouraged and advanced learned men of all Arts and Professions especially Divines Lawyers and Philosophers well knowing that Learning was the principle means to promote Religion and the glory honour wealth and greatness of any Nation more necessary than any Arms or Souldiers and the chief means to preserve them from Idolatry Superstition Confusion ruine We may therfore clearly discern whence the present Outcries against our Vniversities Inns of Court Schools of Learning and all human learning proceed even from desperate Apostates from true Religion and Gods Church and those who would erect a New Babel of Confusion amongst us in Church State and thereby build up the demolished walls of the Romish Jericho within all our Dominions For proof whereof I shall transcribe this notable passage of our famous learned Bishop Jewel in his Sermon on Joshua 6. in his works in Folio p. 167 168. which is very pithy learned and satisfactory omitting all others Now to stay the restoring of Jericho many good waies may be devised The 1. maintenance of Schools and Learning That Learning and Knowledge is able to hinder the Building of Jericho is so plain that it needeth no
them 3. That if our besotted Nation shall be so stupid as to admit or permit any company of persons whatsoever a sufficient Legal Power or Jurisdiction without any pretended Crime Attainder Legal Conviction or Trial by their Peers at their meer wills and arbitrary discretions to deprive all our godly Ministers throughout the Nation of their Rectories Tithes and antient Dues though ratified by the Law yea Gospel of God himself by an uninterrupted Title Prescription in their Predecessors from the very first planting of the Gospel in our Nation and more hundreds of years than the antientest Families in the Nation have enjoyed their Inheritances by more Charters of our Kings more particular Lawes Statutes of our successive Parliaments in all ages than all the Nobility Gentry Corporations Commons of the Realm are able to produce for the Rights Titles Defence of their particular Lands and Inheritances against the Rapines Intrusions Claims Seisures Confiscations Sales Alienations of any either claiming or usurping such a Power or Jurisdiction by the Sword or otherwise They will thereby both admit them and invest them in as sufficient a Legal Power and Jurisdiction without the least pretended Crime Attainder Legal Conviction or Trial by their Peers at their meer arbitrary wills and Discretions to deprive strip all the Nobility Gentry Corporations Commons of the Realm of all their Mannors Lands Inheritances Estates Chattels Privileges Franchises whatsoever being not so well fenced by the Laws of God and Men against their Rapines and Depredations as Tithes are and those who will make no conscience upon any grounds or pretences to invade the one will make no Scruple to act the other as the Histories of Jack Cade and his Complices Practices Designs at home and the Anabaptists abroad will sufficiently attest Yea it will be but just with God to engage such Arbitrary Powers to act the later to the ruine of them and their families if they shall either assist permit encourage them by their silence or cowardice to perpetrate the other to the disinheriting of the Church the ruine of their faithfull Ministers themselves and that very Religion which they pretend to profess and practice 4. That as Tithes are the fittest Maintenance for Ministers of all others as invented appointed by the very Wisdom of God himself and the best the wisest of his Saints in all ages holding the self-same proportion in relation to the Ministers and Parishioners in times of Plenty and Dearth good years or bad fair harvests or foul rising or the falling of the prices of Corn Lands and other Commodities affecting them both alike with the mercy and bounty of God in times of Plenty and the Judgments of God in times of Scarcity or unseasonable weather more easily parted with by the Country-man in kind by several small parcels as they grow due than in ready money in one or two intire sums which they are most loth to render and part from of any thing as that they most affect yea farr lesse troublesom to more convenient for our Ministers Persons families and necessary Cattel than bare stipends which must enforce them to run to Markets to buy all their Corn and other provisions both for their Houshold Horses Cattel at the dearest rates So if this Maintenance by Tithes be once abolished either before any other competent Maintenance setled in its steed lesse grievous and inconvenient than Tithes which all wise men in the world will never be able to invent much lesse to establish as things now are setled or Ministers left wholy to an arbitrary unconstrained Benevolence without any limited Proportion or means to recover it if detained as some now petition This expected proposed unconstrained Maintenance would in verity and reality signify just Nothing and be no Maintenance at all in the Petitioners own sence and intention as appears by John Cannes forecited passages and the very words of their Petitions since they refuse to pay them their very Tithes yet due by Law and never freely contributed one penny to them for their Ministry which they revile disclaim as Antichristian Wherefore if any New-fangled Politicians resolve to settle such a new Maintenance only insteed of the old for the peoples pretended Ease let them first establish settle an arbitrary Excise Custome uncoercive voluntary Impost and monthly Contribution as this on the people for Maintenance of the Army and Navy not so simply necessary as the Ministry for our real welfare without any compulsory means to recover it if not freely rendred till the next harvest come and see what a competent Maintenance that will be for the Souldiers and Seamen and provide that all Tenants for the year ensuing shall render only what Rents they please to the State their Landlords Lessees who shall have no power to distrain sue or enter upon any of them in case they deny to pay their Rents and â—rie what a certain Annual Revenue this whimsy will produce to the States and Land-Lords purses Or else give over this Jesuitical Anabaptistical devised new Maintenance for our Ministers as a Stratagem only to starve their bodies and their Peoples souls without any more Debates concerning Tithes to gratify such malicious Projectors and offend all Godly people through the Nation who deem this old way of Maintenance of Gods own Prescription farr better lesse inconvenient in all respects than this arbitrary or any other new-fangled way of these or other mens invention 5ly That although God by his divine Providence is able to support the faithfull Ministers of the Gospel though totally stripped naked of all their Glebes Tithes antient Maintenance through the unrighteousnesse or malice of ungodly men as he did the Apostles and his Ministers in all ages in times of Persecution yet let all such who have or shall have a hand in such a Sacrilegious design consider 1. That they shall be as bitter Enemies to and Persecutors of the Ministers of Christ amongst us in and by this very Project as Julian the Apostate Christian was to Gods faithfull Ministers in the primitive Times when he took away their Preferments Glebes and Church Revenues as the High Commissioners and Prelates were of late to all those godly Puritan Ministers whom they deprived of their Benefices for Non-conformity to their Ceremonies and no real Crime deâ—erving such an inhuman Censure depriving them of their Livelyhoods 2ly That they shall hereby draw a great Scandal upon our very Religion it self Church Nation render them odious Sacrilegious to all foreign Churches Nations gratify rejoyce the hearts of the Pope Jesuites Papists and other professed Enemies of our Religion accomplish their Designs against our Church and Ministers exceedingly sad the hearts and grieve the righteous souls of all Gods faithfull Saints amongst us of all Protestant Churches in Foreign parts and draw this just Censure on themselves 2 Pet. 2. 14 15. An heart they have exercised with covetous practices cursed Children which have forsaken the right way and are
and Title to it by Conquest and professed they would spend their lives in the quarrel Ipsa enim mors dulcis erit dum enim in vindiâ—â—ndo Patres nostros in tuendo libertatem nostram in exâ—lâ—ando Regem nostrum perpessi fuerimus Wherefore Conquest now can certainly be no Just no Lawfull Plea Title for any of our Officers or Souldiers which this Greatest Conqueror and this Great Councel so long since damned as unjust and Irrational To which I shall annex the Resolution of our Noble King Henry the 2d and of all the Bishops Abbots Peers Earls Barons of England assembled in a Parliamentary General Councel of the Realm at Westminster An. 1126 to determine a Controversie between Alfonso King of Castile and Sancho King of Navarre concerning divers Castles and Territories in Spain won by War and Conquest by Sancho King of Navarre from Alfonso whiles he was a Pupil and Orphan which they both submitted to their final determination who having heard both parties unanimously resolved that these Castles and Lands should be restored to Alfonso by King Sancho with all their bounds and appurtenances quia per Bellum violenter injuste abstulisset because he had violently and unjustly taken them away by War which resolution was confirmed under the Kings Great Seal and sent unto these Kings Therefore Conquest alone can be no just no legal Saintlike Right Title to any Lands Possessions Powers violently unjustly gotten claimed by Wars by our Swordmen now after these two antient famous Parliamentary Resolutions in point even between foreign Conquering Princes much lesse then between those Native Englishmen who raised waged our Army and Officers to defend not conquer them in a meer intestine civil War 5ly William Duke of Normandy Edward the 3d Henry the 4th Edward the 4th and Henry the 7th though they all came to the Crown by the Sword and Conquest of their Competitors yet they never claimed the Crown nor Kingdom by Conquest but Title only nor esteemed the English Irish or Welch a conquered Nation nor altered our antient Government Laws Liberties Parliaments or Ministers Tithes and Maintenance but confirmed them as all our Histories manifest in their Lives and Statutes made by them in the beginning of their respective reigns attest I have formerly proved in the case of William commonly stiled the Conqueror who ratified all our Liberties Laws Customs Franchises presented to him upon Oath without the least alteration diminution or prevarication to the peoples Great content Yea King Henry the 4th as Placita Corone rot Parl. 1 H 4. n. 17. record did in the first Parliament held by him after his Conquest of Richard the 2d make this memorable Declaration to his people entred in that Roll. That he claimed the Realm and Crown of England with all their Members and Appurtenances as right heir thereto by Bloud by Descent and by the right God had given him through the ayd of his Parents and Friends for to recover the said Realm which Realm was upon the point to be undone for want of Government and abrogating of the Laws and Customs of the Realm And that it was not his will that any should think that he would by way of Conquest disinherit any one of his Heritage Franchise or other Right which he ought to have nor to out or deprive any man of that he had or should have by the good Laws or Customes of the Realm all which he confirmed by a special Act before 1 H. 4. c. 1. but only those who were against his good purpose and the common profit of the Realm and were guilty of all the evil come upon the Realm and were adjudged guilty thereof in that Parliament as Sir William Le Scroop Sir Henry Green and Sir John Bassy whose Lands only he would have by Conquest as forfeited by their Treasons Whereupon the Commons thanked the King and praysed God that he had sent them such a King and Governour Upon all which Considerations and the Resolution of learned Grotius with others quoted by him That by the very Laws of War even those who are conquered by foreign Enemies ought to enjoy by permission of the Conquerors their own Laws Liberties Magistrates Religion and a share in their Government much more in such a Civil War as ours where the Souldiers Generals can pretend no Conquest over those who raised waged them for their just defence against Conquest and Invasion of their Laws Liberties Government Magistrates Rights Privileges I hope those vaporing Officers Souldiers who have formerly cried up pleaded practised this pretended Title of Conquest amongst us and used many of their former Masters Raisers and the whole Nation more like to conquered enslaved People than their fellow Christian Brethren and Freeborn Englishmen who have paid them so well for all those Services they imployed them in will henceforth totally renounce this their false usurped Injurious Plea Title and no more persist under pretext thereof to deprive our Ministers Church Peers Parliaments Nation of their very Native Freedomes Liberties Franchises Rights Laws Government Lands Possessions which they were purposely commissioned waged and by all Sacred all Civil Obligations Trusts Oaths Vowes Protestations perpetually engaged to defend against the least violation or Innovation without their free and full consents in a due and lawfull Parliament freely elected by them not forcibly obtruded on them without their choise or privity Yea I trust they will be so just so righteous towards me so great a Sufferer by under them only for discharging my Conscience and bounden duty towards my God our Church and Native Country of England as no waies to be angry with me or Injurious towards me for this my New Gospel Plea interwoven with a Legal and Rational for the Lawfulness and Continuance of the antient setled Maintenance and Tithes of the Ministers of the Gospel and the good old Fundamental Laws and Liberties of the Nation which their present busie Endeavours to abolish alter subvert beyond yea against their Trusts Commissions Callings have necessitated me now to publish to the world to preserve our Church State Ministry from new Combustions and Impendent ruine but rather sound a Retreat from these their Heady Proceedings which I fear the Jesuites with their Confederates the Anabaptists have engaged them so deeply in to work as well their own as the publick speedy ruine both of our Church Religion State Ministry Nation and excite them to use the self-same deportment words to me who have no private design nor interest of my own or other mens in this my voluntary undertaking but only the publique Safety and Weal as enraged David did once to Abigail when she diverted him from his rash bloody resolution to destroy Nabal and his family for a Churlish Answer returned to him for his Kindness 1 Sam. 25. 32 33. Now blessed be the Lord God of Israel which sent thee this day to meet me and blessed be thy advice and blessed be thou which
like whereunto as some Souldiers acquainted me was sent to most other Garrisons and Counties to subscribe by which we see whence such and other Petitions originally spring I demanding the reason of two or three Souldiers who were ingenuous why they were so eager against Ministers Tithes since they were Spiritual Souldiers as well as they and themselves received above the Tithes of their Tithes in Taxes for their pay Who returned me this blunt clamorous Answer That they conceived the true reason of it was that their Officers intended to have the Tithes themselves or at least the full value of them IN TAXES for their pay that so the people much impoverished and complaining of their heavy Taxes might be able to hold out the longer to pay them being seemingly eased by the Souldiers in their Tithes though they took them all out again in their increased Monthly Contributions and that this was the private talk and opinion they had of this Petition amongst themselves but they must not speak of it in publick to any I am not apt to be suspicious of any mens Actions or Designs unlesse I see some probable grounds of Inducement but if this be one principal Design of the Officers and Souldiers present stickling against Ministers Tithes to get them into their own hands in kind as they have done much of the Bishops Deans Chapters and Crown-lands the rest in monies in their Sales for their Arrears pay or at least to fetch them out of the Peoples Purses in doubled or augmented Taxes equivalent to their Tithes in value or exceeding them as the premises perswade me to incline to the Ease and Gain either promised to or expected by the People upon the abolishing of Tithes wil prove but a mere Delusion and Cheat at last and instead of easing them will only double treble and augment their heavy intollerable Taxes now imposed and disposed too by the Souldiers themselves alone beyond all Presidents of former Ages or Kings of the worst edition and continue them the longer on their broken Estates and drained Purses Which will be but a most just deserved Divine punishment on them for detaining their Ministers Tithes as the forecited Authors resolve Whereas if these Saint-seeming Officers and Souldiers so much pretending the peoples ease and weal would cast off the veil of Dissimulation and really ease the people in good earnest out of Conscience and Justice they should do it as I told them by disbanding all unnecessary Garrisons mere useless Toyes to secure the Country either from an invading or pillaging Enemy by Sea or Land as I have made many Garrison-Souldiers acknowledge by unanswerable Demonstrations disband their long continued Army and Forces kept up on the people 's drained Purses to their undoing for what ends the very blindest men now see put the peoples necessary defence when there is occasion into their own hands and elected Militia and abolish all these heavy incessant Monthly Contributions Taxes Excises so long continued on them to maintain the Army and inrich the Officers being the Peoples sorest Grievance not Ministers Tithes which few count a Burden and then upon mere Mistakes which late created Monsters unknown to our Fore-Fathers who knew none but Tenths Fifteenths and Subsidies duly granted one or two in several years will in short time eat out not only our Ministers and Peoples Tithes but the remaining Nine parts too and leave them most miserable Beggers in conclusion without any Food or Provision for their Souls or Bodies and no other Magistracy Ministry Government Laws Liberties Privileges but what the Army Officers and Souldiers their late pretended humble Servants but now their Supream Lords and Masters shall out of their mere Grace and Favour allow them as their conquered Vassals as many of them are not ashamed even publickly in my hearing as well as others for to stile our own enslaved Nation as well as Scots and Irish And then they shall all lament their folly when too late in concurring with these Swordmen to abâ—â—ish their Ministers Tithes in the old Poets Elegie in a like eâ—se as ours Impius haec tam culta novalta Miles habebit Barbarus has Segetes En quò discordia Cives Perduxit miseros En queis consevimus Agros Suidas records of Leo the Emperour that when on a time he commanded Eulogius a learned Philosopher should have a Liberal Princely Reward bestowed on himâ— A great Officer and Courtier standing by said That mony would be better bestowed for the maintenance of Souldiers To which the Emperor replyed Nay I would rather it might be brought to pass in my time That the Riches now bestowed upon Souldiers might be given to maintain Philosophers And I suppose all rational wise men now will be of the same mind concerning Ministers and rather they should enjoy their Tithes and Glebes than Souldiers and Buff-Preachers All which out of true Affection to our Ministry and my Native Country without any private design to scandalize the Souldiers I submit to all prudent mens consideration who by this will be able to judge of the truth of this Proposition without further proof In the Officers printed Proposals August 13. 1652. to those they then stiled the Supream Power of the Nation I found the first of all to be The abolishing of all Tithes as an unequal troublesom and contentious way of Maintenance respect being had therein to others Rights but not to the Ministers who have the only ture proper legal Right unto them and this to propagate the preaching of the Gospelâ— I profess when I read it in the Diurnal I told some Souldiers who brought it me to read in Pendennys 1. I could not possibly conceive that the putting down of Ministers Tithes should be a means to propagate the preaching of the Gospel but rather to suppress it the very Scripture resolving the contrary Neh. 13. 10 11 12. and 3 Chron. 31. 3 c. and the Heathen Poet concluding Quis enim virtutem amplectitur ipsam Praemia sâ— tollas 2ly That I wondred men professing Conscience Justice and Religion should have more regard to Impropriators and others Rights to Tithes who had no original right at all unto them but only by Popes Bulls and Dispensations and did no service for them without any special regard to Ministers Rights who had only a due and true Divine and human Right to them and received them as due wages for their Ministry I doubted the only cause was because they or some of their Friends were owners of Lessees of some Impropriations which they were loath to part with for the Peoples ease or give in to the Church without a considerable Recompence 3ly That the suggestion of the unequal troublesom and contentious way of Tithes was a very strange and daring Objection against the very wisedom and Justice of God who instituted and prescribed them to his own chosen people against the wisdom justice prudence of our own and all other Christian Kings States
Parliaments Churches that have at first pitched upon and so long continued established by successive Laws and Edicts this way of Maintenance as most equal rich and poor paying a Tenth alike according to the greatness oâ— smallness of their Estates and the poor Farmer and Tenant paying them out of his Landlords Estate as allowed in his Rent or Fine not out of his own private purse alone being more equal than any Taxes or Excises for the Armies pay As least troublesom to the Ministers at least who were only at the cost and trouble to carry in their Tithes at Harvest when cut and severed from the Crop to their hands to prevent the trouble of plowing sowing weeding mowing reaping gathering which might divert them from their Studies and Ministry And as little troublesom or not over-troublesom at least it is to the Husbandman who sows cuts and makes it up together with his own and then only severs it out and is not now bound to carry it into his Ministers Barn much less to thresh cleanse and sever his Corn Wine or Oyl and other Tithes and carry it to Hierusalem and the Treasuries of the Priests and Levites at his own cost as the Israelites were obliged by God to do which these Officers had they lived amongst them and payed a second Tenth as well as a first and first-fruits besides would have petitioned God himself to abolish as a troublesome way of Maintenance which they could not brook though the godly Israelites and Jews repined not against it but chearfully brought up their Tithes to the Priests Treasuries as they were enjoyned And as no waies contentious or litigious in it self were people as just and conscionable to pay their Tithes there being many Parishes in England and that wherein I live one wherein I never heard of any sute or quarrel betwixt the Ministers and Parishioners for Tithes there being farre more sutes and contentions for just Rents Annuities and Debts throughout the Nation than for Tithes at least ten for one in proportion before these late contentious Lawless times when many unconscionable unrighteous Wretches pretending Religion to cover their fraud covetousness and oppression will pretend Conscience for not paying their very Rents and Debts as well as Tithes And such who have so little grace or fear of God as to contend with their Ministers for their just Tithes will be altogether Litigious towards them for any other Annuity or setled way of Maintenance that can be devised in lieu of Tithes seeing nothing will content such perverse and contentious Wretches but a Liberty to pay their Ministers only what they please and that in conclusion shall be just nothing as their subsequent Petitions and present Practices now manifest to God Angels and men And I doubt the Change of this antient known long approved certain Maintenance by Tithes to any other certain or uncertain way will create more sutes and troubles among people than ever our Tithes did since their first institution This was my subiâ—â—n opinion of their Proposition when I first read it and shall serve for a publick answer to it now if any insist upon it to prove Tithes inconvenient and burdensom to the People and therefore sit to be totally abolished The main Objection I ever yet read or heard against Tithes is this That Tithes are a great discouragement and hindrance to Husbandmens industry and improvements since Ministers must have not only the Tenths of their Lands as they found them but likewise of their Crop Labour Industry and Improvements which is now writes Canne and others more largely one of the sorest Burthens and greatest Oppressions and Tyranny that lies upon them and discourages many from improving the Lands to the publick prejudice I answer 1. That this Objection no waies concerns Soldiers Weavers Tailors Tradesmen Townsmen and other Mechanicks who are the most and greatest Sticklers and Petitioners against Tithes but only Husbandmen and Countrey Gentlemen and Farmers living upon Tillage very few of which not one of a thousand ever yet petitioned against Tithes as such a grievous Oppression at leastwise as a Farmer for the burdensomness of Tithes but only as an Anabaptist or other Sectary out of hatred and opposition to our Ministers Callings or Persons And till the Generality or Major part of the Gentry Yeomanry and Country Farmers in each County Petition and declare against their Predial Tithes as such an intollerable Grievance no Officers Soldiers Citizens Anabaptistical Mechanicks and busie-bodies in other mens Callings and Grievances which concern them not are no waies to be heard countenanced or credited in this particular by any Powers whatsoever in point of Justice or Prudence 2ly The payment of Tithes never yet discouraged any Person either in the Land of Canaan England or other Countreys at least not any considerable number of men or any that had either true Wisdome grace honesty or love to God and the Ministrey from any sort of Tillage or improvement whatsoever out of which Tithes are paid the gain by the good husbandry and improvement being abundantly recompenced in the nine Parts over and above the Tithes And therefore till the Objectors can make good their allegation by presidents of considerable number of wise godly men and others discouraged from Tillage and Improvements meerly by the payment of Predial Tithes out of them in all former ages or of late years to the real prejudice of the Publick which they can never do this grand Objection against Tithes must be decried both as Fabulous and Ridiculous yea as Scandalous The late Petition of the Cornish Gentlemen Farmers and Yeomen where such improvements are most made to their great Charge for the continuance of Tithes being a sufficient Evidence to prove it such 3ly It is observable that the Petitioners against Tithes upon this ground are as eager Writers and Petitioners against all antient Customs Tonnage Poundage and usual moderate Impositions upon Merchandize imported or exported for the necessary defence of the Sea and Trading amounting to as much upon every pound of Merchandize as Tithes do upon Husbandmens Tillage and Improvements the charges of the Fraight Transportation and Customs in forein pares considered and to far more and that as a very great discouragement to Merchandize and Trading Which as all wise men know to be a mere fabulous untruth contrary to the experience of all States Kingdoms Republicks in the World and of Holland it self subsisting by Merchandize where they pay â—â— high Customs or higher than our antient Legal Merchants Duties to the State amount to which never made any Merchants to give over trading So if when and where rightly imposed managed they are the greatest encouragements of Trade and Merchandize by Guarding the Seas and securing Traders against Enemies and Pirates the only encouragement to Merchant-Adventurers who must and will all give over trading when they cannot safely put to Sea without apparent losse of all they trade for by Enemies or